[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Notices]
[Pages 21357-21360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09904]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-PVE-LWCF-NPS0027444; 1 PPWOSLAD00 PCA00SA82.Y00000 19XP503582 
(PS.SSLAD0019.00.1); OMB Control Number 1024-0031]


Agency Information Collection Activities; Land and Water 
Conservation Fund State Assistance Program

AGENCY: National Park Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the National Park Service (NPS) are proposing to renew an information 
collection with revisions.

DATES: Interested persons are invited to submit comments on or before 
July 15, 2019.

ADDRESSES: Send your comments on this information collection request 
(ICR) by mail to Phadrea Ponds, Acting Information Collection Clearance 
Officer, 1201 Oakridge Drive, Fort Collins, CO 80525; or by email at 
[email protected]; or by telephone at 970-267-7231. Please 
reference OMB Control Number 1024-0031 in the subject line of your 
comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR by mail, contact Elisabeth Fondriest, Recreation Grants 
Chief, 1849 C Street NW (2225), Washington, DC 20240; or by email at 
[email protected]; or by telephone at 202-354-6916. Please 
reference OMB Control Number 1024-0031 in the subject line of your 
comments.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, we provide the general public and other Federal agencies 
with an opportunity to comment on new, proposed, revised, and 
continuing collections of information. This helps us assess the impact 
of our information collection requirements and minimize the public's 
reporting burden. It also helps the public understand our information 
collection requirements and provide the requested data in the desired 
format.
    We are soliciting comments on the proposed ICR that is described 
below. We are especially interested in public comment addressing the 
following issues: (1) Is the collection necessary to the proper 
functions of the NPS; (2) will this information be processed and used 
in a timely manner; (3) is the estimate of burden accurate; (4) how 
might the NPS enhance the quality, utility, and clarity of the 
information to be collected; and (5) how might the NPS minimize the 
burden of this collection on the respondents, including through the use 
of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. 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 us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    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 state-wide 
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 responsibility.
    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. (Note: we anticipate discontinuing 
use of this form.)
     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 (PD) and 
Environmental Screening Form (ESF). The PD assists the applicant in 
developing a narrative that provides administrative and

[[Page 21358]]

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. (Note: we anticipate revising 
this form to make a version specific for grant applications.)
     Pre-award On-site 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 for 
conversion requests. When the amendment is signed by the NPS, it 
becomes part of the agreement and supersedes it in the specified 
matters. (Note: we anticipate discontinuing use of this form for grant 
amendments.)
     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 applications and 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. (Note: we anticipate continuing to use 
Form 10-902A for conversions and also revising Form 10-904 to create a 
version that would be used specifically for conversions and other post-
grant amendments.)
    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 
months.
    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 
request.
    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

[[Page 21359]]

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 
work.
     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.
    Title of Collection: Land and Water Conservation Fund State 
Assistance Program, 54 U.S.C. 200305.
    OMB Control Number: 1024-0031.
    Form Number: NPS Forms 10-902, 10-902A, 10-903, 10-904, and 10-905.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: States Governments; 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.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: None.

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                                                                                      Average
                                                     Estimated       Estimated      completion       Estimated
                    Activity                          annual          annual         time per      annual burden
                                                    respondents      responses       response         hours *
                                                                                      (hours)
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Application (NPS Forms 10-902, 10-903, and 10-904):
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    State/Local/Tribal Governments..............              60             300              12           3,600
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Grant Amendment (NPS Forms 10-902A and 10-903):
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    State/Local/Tribal Governments..............              50             180               5             900
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Conversion of Use (NPS Forms 10-902, 10-903, and 10-904):
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    State/Local/Tribal Governments..............              50              50            92.5           4,625
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Statewide Comprehensive Outdoor Recreation Plan (SCORP):
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    State/Local/Tribal Governments..............              11              11             600           6,600
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Open Project Selection Process:
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    State/Local/Tribal Governments..............              11              11              30             330
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Proposal for Public Facility:
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    State/Local/Tribal Governments..............               8               8              16             128
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[[Page 21360]]

 
Request for Temporary Non-Conforming Use (NPS Form 10-904):
----------------------------------------------------------------------------------------------------------------
    State/Local/Tribal Governments..............               5               5              16              80
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Request for Significant Change of Use (NPS Form 10-904):
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    State/Local/Tribal Governments..............               2               2              16              32
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Extension of 3-Year Limit for Delayed Outdoor Recreation Development:
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    State/Local/Tribal Governments..............               5               5              16              80
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Onsite Inspection Reports:
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    State/Local/Tribal Governments..............              56           4,368            5.75          25,116
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Financial and Program Performance Reports:
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    State/Local/Tribal Governments..............              56             661               1             661
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Recordkeeping:
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    State/Local/Tribal Governments..............              56              56              40           2,240
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Request for Reimbursement/Record of Electronic Payment (NPS Form 10-905):
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    State/Local/Tribal Governments..............              56             336               1             336
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Proposal to Shelter Facilities:
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    State/Local/Tribal Governments..............               1               1              16              16
                                                 ---------------------------------------------------------------
        Totals:.................................             427           5,994  ..............          44,744
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* Rounded.

    An agency 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.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

Phadrea Ponds,
Acting, Information Collection Clearance Officer, National Park 
Service.
[FR Doc. 2019-09904 Filed 5-13-19; 8:45 am]
 BILLING CODE 4312-52-P