[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Pages 72824-72827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25495]



National Park Service

[NPS-WASO-PVE-LWCF-22043, PSSSLAD0016001 (177)]

Information Collection Request Sent to the Office of Management 
and Budget (OMB) for Approval; Land and Water Conservation Fund State 
Assistance Program

AGENCY: National Park Service, Interior.

ACTION: Notice; request for comments.


SUMMARY: We (National Park Service, NPS) have sent an Information 
Collection Request (ICR) to OMB for review and approval. We summarize 
the ICR below and describe the nature of the collection and the 
estimated burden and cost. This information collection is scheduled to 
expire on October 31, 2016. We may not conduct or sponsor and a person 
is not required to respond to a collection of information unless it 
displays a currently valid OMB Control Number. However, under OMB 
regulations, we may continue to conduct or sponsor this information 
collection while it is pending at OMB.

DATES: You must submit comments on or before November 21, 2016.

ADDRESSES: Send your comments and suggestions on this information 
collection to the Desk Officer for the Department of the Interior at 
OMB-OIRA at (202) 395-5806 (fax) or [email protected] 
(email). Please provide a copy of your comments to the Information 
Collection Clearance Officer, National Park Service, 12201 Sunrise 
Valley Drive, Mail Stop 242, Reston, VA 20192 (mail); or 
[email protected] (email). Please reference OMB Control Number 
1024-0031 in the subject line of your comments. You may review the ICR 
online at http://www.reginfo.gov. Follow the instructions to review 
Department of the Interior collections under review by OMB.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this IC, contact Elisabeth Fondriest, Recreation Grants Chief, 
State and Local Assistance Programs Division at 202-354-6916; or 1849 C 
Street NW. (2225),

[[Page 72825]]

Washington, DC 20240 (mail); or [email protected] (email).


I. Abstract

    The Land and Water Conservation Fund Act of 1965 (LWCF Act) (54 
U.S.C. 200305) was enacted to help preserve, develop, and ensure access 
for the public to outdoor recreation opportunities. The LWCF Act 
provides funds for and authorizes Federal assistance to the States for 
planning, acquisition, and development of needed land and water areas 
and facilities. In accordance with the LWCF Act, the National Park 
Service (we, NPS) administers the LWCF State Assistance Program, which 
provides matching grants to States and through the States to local 
units of government. As used in this information collection request, 
the term ``States'' includes the 50 States; the Commonwealths of Puerto 
Rico and the Northern Mariana Islands; the District of Columbia; and 
the Territories of Guam, the U.S. Virgin Islands, and American Samoa.
    In accordance with the LWCF Act, we administer the LWCF State 
Assistance Program, which provides matching grants to States, and 
through the States to local units of government. LWCF grants are 
provided to States on a matching basis for up to 50 percent of the 
total project-related allowable costs. Grants to eligible insular areas 
may be for 100 percent assistance. The LWCF State Assistance Program 
gives maximum flexibility and responsibility to the States. States 
establish their own priorities and criteria and award their grant money 
through a competitive selection process based on a Statewide recreation 
plan. Payments for all projects are made to the State agency that is 
authorized to accept and administer funds paid for approved projects. 
Local units of government participate in the program as subgrantees of 
the State with the State retaining primary grant compliance 
    The following information is collected to administer the LWCF State 
Assistance Program:
    Application. States may seek financial assistance for acquisition, 
development, or planning projects to be conducted under the LWCF Act. 
To receive a grant, States must submit an application to NPS for review 
and approval. We use the information provided in applications to 
determine eligibility under the authorizing legislation and to select 
those projects that will provide the highest return on the Federal 
investment. Project proposals for LWCF grants comprise the following:
     NPS Form 10-902, ``Project Agreement''. This form 
documents the agreement between the NPS and the State for accomplishing 
the project. It binds the Federal Government and the State to certain 
obligations through its acceptance of Federal assistance, including the 
rules and regulations applicable to the conduct of a project under the 
Act and any special terms and conditions to the project established by 
the NPS and agreed to by the State. It obligates the United States to 
provide grants up to a designated amount for eligible costs; sets forth 
methods of costing, accounting, incurrence of costs, and similar 
matters. The form also establishes the project performance period and 
briefly describes the scope of the project.
     NPS Form 10-903, ``Description and Notification Form'' 
(DNF). The State must submit a DNF for each park or other recreation 
area that will be assisted with grant funds. This form provides data 
about the assisted project site(s), such as location, acreages and 
details about improvements, as understood at the beginning of each 
grant project.
     NPS Form 10-904, ``Proposal Description and Environmental 
Screening Form'' (PD/ESF). The PD assists the applicant in developing a 
narrative that provides administrative and descriptive information to 
help the Federal decision-maker understand the nature of the proposed 
project. The ESF indicates the resources that could be impacted by the 
project, enabling States and/or local project sponsors to more 
accurately follow an appropriate pathway for compliance with the 
National Environmental Policy Act (NEPA). The analysis serves as part 
of the Federal administrative record required by NEPA and its 
implementing regulations.
     Pre-award Onsite Inspection Report. The State must 
physically inspect proposed project sites prior to the award of grant 
funds and report on the findings. The inspection must be conducted in 
accord with the onsite inspection agreement between the State and NPS. 
See additional information under Reports, below.
     Maps and other supporting documentation. Applicants must 
develop and submit two maps: One depicting the general location of the 
park as well as the entrance area; the other delineating the specific 
boundary of the outdoor recreation area that will be protected for 
outdoor recreation purposes and subject to the conversion provisions at 
54 U.S.C. 200305(f). Applicants should submit other documents that have 
a significant bearing on the project.
    Grant Amendment. After initial award but during the award 
performance period, a State or project sponsor may seek to modify the 
agreed-upon terms, such as the award end date, the scope of work, or 
the budget. NPS must review and approve such changes. States must 
submit an amendment request on behalf of themselves or the local 
sponsor, which depending on the nature of the change, could comprise 
the following elements: NPS Form 10-902A, ``Amendment to Project 
Agreement:, revised Standard Forms, a letter from the State Liaison 
Officer (SLO) describing the proposed changes and the impact to the 
project, the PD/ESF, a revised boundary map, and a revised DNF.
     NPS Form 10-902A, ``Amendment to Project Agreement''. An 
amendment form is required to alter the signed Project Agreement. When 
the amendment is signed by the NPS, it becomes part of the agreement 
and supersedes it in the specified matters.
     NPS Form 10-903, ``Description and Notification Form''. A 
revised DNF may be required for changes in scope that significantly 
alter the planned facility development or the acreage of the site or 
area to be protected under 6(f).
    Conversion of Use. In accordance with 54 U.S.C. 200305(f) and 
implementing regulations found at 36 CFR 59, no lands acquired or 
developed with LWCF funds can be converted to other than public outdoor 
recreation uses without the approval of the Secretary of the Interior. 
States must submit a formal request to the appropriate NPS Regional 
Office with documentation to substantiate that: (a) All alternatives to 
the conversion have been evaluated and then rejected on a sound basis; 
(b) required replacement land being offered as a substitute is of 
reasonably equivalent location and recreational usefulness as the 
assisted site proposed for conversion; (c) the property proposed for 
substitution meets the eligibility requirements for LWCF assistance; 
and (d) replacement property is of at least equal fair market value as 
established by an appraisal developed in accordance with Federal 
appraisal standards. Required documentation is similar to that 
submitted for grant amendment requests (Forms 10-902A, Amendment to 
Project Agreement; 10-903, DNF; and/or 10-904, PD/ESF). Additional 
documents include maps showing the existing protected recreation area 
and delineating the area to be converted and of the proposed 
replacement property.

[[Page 72826]]

    Statewide Comprehensive Outdoor Recreation Plan (SCORP). The LWCF 
Act requires that to be eligible for LWCF financial assistance, each 
State must prepare and submit a SCORP to NPS for approval. The NPS 
requires a new or updated SCORP at least once every 5 years. The SCORP 
must include:
     The name of the State agency that will have the authority 
to represent and act for the State.
     An evaluation of the demand for and supply of outdoor 
recreation resources and facilities in the State.
     A program for the implementation of the plan.
     Certification by the Governor that ample opportunity for 
public participation has taken place in plan development.
    Open Project Selection Process (OPSP). Each State must develop an 
OPSP that provides objective criteria and standards for grant selection 
that are explicitly based on each State's priority needs for the 
acquisition and development of outdoor recreation resources as 
identified in the SCORP. The OPSP is the connection between the SCORP 
and the use of LWCF grants to assist State efforts in meeting high 
priority outdoor recreation resource needs. To ensure continuing close 
ties between the SCORP and the OPSP, States must review project 
selection criteria each time that a new or amended SCORP is approved by 
the NPS. States must submit to the NPS a revised set of OPSP criteria 
that conform to any changes in SCORP priorities or submit an 
appropriate certification that no such revisions are necessary.
    Proposal for a Public Facility. Except for certain kinds of 
supporting facilities (e.g., restrooms, visitor information centers), 
project sponsors must seek NPS approval when constructing an indoor 
structure on a property that has received LWCF assistance. In most 
cases, development of an indoor structure would constitute a 
conversion, but, in certain cases NPS may approve them where it can be 
shown that they will enhance the outdoor recreation uses of a park and 
there will be a net gain in benefits to the outdoor recreating public 
using that park. The request comprises the PD/ESF, which is used to 
describe the nature of the facility, how it will support and enhance 
the outdoor recreation use of the site, and ownership and management; 
as well as a copy of a revised boundary map indicating the location of 
the proposed facility.
    Request for Temporary Non-Conforming Use. Project sponsors must 
seek NPS approval for the temporary (up to 6 months) use of an LWCF-
assisted site for purposes that do not conform to the public outdoor 
recreation requirements. The State's proposal to NPS must include: (a) 
Form 10-904, PD/ESF (used to describe the proposed temporary use); (b) 
SLO recommendations; and (c) an acknowledgement by the SLO that a full 
conversion will result if the temporary use has not ceased after 6 
    Request for Significant Change of Use. Project sponsors must seek 
NPS approval to change the use of an assisted site from one eligible 
use to another when the proposed use significantly contravenes the 
plans or intent for the area as they were outlined in the original LWCF 
application for Federal assistance; e.g., changing a site's use from 
passive to active recreation. NPS Form 10-904, PD/ESF is used for this 
    Extension of the 3-year Limit for Delayed Outdoor Recreation 
Development. Project sponsors must seek NPS approval to continue a non-
recreation use beyond the 3-year limit for acquisition projects that 
were previously approved with delayed outdoor recreation development. 
The State must submit a written request and justification for such an 
extension to NPS before the end of the initial 3-year period. This 
request must include: (a) a full description of the property's current 
public outdoor recreation resources and the public's current ability to 
use the property; and (b) an update of the project sponsor's plans and 
schedule for developing outdoor recreation facilities on the property.
    Reports. We use this information provided in reports to ensure that 
the grantee is accomplishing the work on schedule and to identify any 
problems that the grantee may be experiencing in accomplishing that 
     Onsite Inspection Reports. States must administer a 
regular and continuing program of onsite inspections of projects. 
Onsite inspection reports are prepared for all inspections conducted 
and are included in the official project files maintained by the State. 
Progress onsite inspection reports occur during the grant project 
period and are generally combined with the annual performance report or 
when grant payments are made. Final onsite inspection reports must be 
submitted to the NPS within 90 days after the date of completing a 
project and prior to final reimbursement and administrative closeout. 
Post-completion onsite inspection reports must be completed within 5 
years after the final project reimbursement and every 5 years 
thereafter. If there are problems, the report should include a 
description of the discrepancy and the corrective action to be taken. 
Only reports indicating problems are forwarded to the NPS for review 
and necessary action; all other reports are maintained in State files.
     Financial and Program Performance Reports. In accordance 
with 2 CFR 200 (Uniform Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards), grantees must monitor grant 
and subgrant supported activities to ensure compliance with applicable 
Federal requirements and that performance goals are being achieved. 
States must submit reports to NPS at least annually that include 
performance and financial information.
    Recordkeeping. To comply with the grant requirements of 2 CFR 200, 
States must maintain financial records, supporting documents, 
statistical records, and all other records pertinent to a grant program 
for a period of 3 years after final payment on a project. The records 
must be retained beyond the 3-year period if audit findings have not 
been resolved. However, to comply with the LWCF Act perpetuity 
requirements, States must maintain sufficient records to allow them to 
keep track of parks and other recreation areas that have been assisted.
    Request for Reimbursement/Record of Electronic Payment. States use 
the Automated Standard Application for Payments (ASAP) system for 
drawing funds on approved grants. For planning grants, States must 
submit to NPS a progress report and request for reimbursement before 
they may request payments. Acquisition and development projects do not 
require prior approval, but upon completion of an electronic payment on 
a given date the State must concurrently (within 24 hours) submit a 
completed NPS Form 10-905, ``Record of Electronic Payment'' to the LWCF 
Program offices in Washington, DC and applicable NPS Region.
    Proposal to Shelter Facilities. Project sponsors must seek NPS 
approval to construct new or partially or fully enclose an existing 
outdoor recreation facility, such as a pool or ice rink, to shelter 
them from cold climatic conditions and thereby increase the 
recreational opportunities. This approval is required whether seeking 
to use LWCF grant funds for this purpose or not. NPS Form 10-904, PD/
ESF is used for this request.


    OMB Control Number: 1024-0031.
    Title: Land and Water Conservation Fund State Assistance Program, 
54 U.S.C. 200305.

[[Page 72827]]

    Service Form Numbers: NPS Forms 10-902, 10-902A, 10-903, 10-904, 
and 10-905.
    Type of Request: Revision of a currently approved collection.
    Description of Respondents: States; the Commonwealths of Puerto 
Rico and the Northern Mariana Islands; the District of Columbia; and 
the territories of Guam, U.S. Virgin Islands, and American Samoa.
    Number of Respondents: 56.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Estimated Annual Nonhour Cost Burden: None.

                                     Number of       Number of     Total annual      time per      Total annual
            Activity                  annual      responses  per     responses       response      burden hours
                                    respondents     respondent                        (hours)
Application.....................              60               5             300              12           3,600
Grant Amendment (not including                50             3.6             180               5             900
 Conversion of Use).............
Conversion of Use...............              50               1              50            92.5           4,625
Statewide Comprehensive Outdoor               11               1              11             600           6,600
 Recreation Plan................
Open Project Selection Process..              11               1              11              30             330
Proposal for Public Facility....               8               1               8              16             128
Request for Temporary Non-                     5               1               5              16              80
 Conforming Use.................
Request for Significant Change                 2               1               2              16              32
 of Use.........................
Extension of 3-Year Limit for                  5               1               5              16              80
 Delayed Outdoor Recreation
Onsite Inspection Reports.......              56              78           4,368            5.75          25,116
Financial and Program                         56            11.8             661               1             661
 Performance Reports (per grant)
Recordkeeping...................              56               1              56              40           2,240
Requests for Reimbursement/                   56               6             336               1             336
 Record of Electronic Payment...
Proposal to Shelter Facilities..               1               1               1              16              16
    Totals......................  ..............  ..............           5,994  ..............          44,744


    On March 11, 2016, we published in the Federal Register (81 FR 
12949) a Notice of our intent to request that OMB renew approval for 
this information collection. In that Notice, we solicited comments for 
60 days, ending on May 10, 2016. One comment was received in response 
the Notice; it objected to the use of federal dollars for support of 
state projects and did not address the information collection.
    We again invite comments concerning this information collection on:
     Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
     The accuracy of our estimate of the burden for this 
collection of information;
     Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
     Ways to minimize the burden of the collection of 
information on respondents.
    Comments that you submit in response to this notice are a matter of 
public record. Before including your address, phone number, email 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment, including your personal 
identifying information, may be made publicly available at any time. 
While you can ask OMB in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that it 
will be done.

    Dated: October 18, 2016.
Madonna L. Baucum,
Information Collection Clearance Officer, National Park Service.
[FR Doc. 2016-25495 Filed 10-20-16; 8:45 am]