[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Pages 5699-5702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01801]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-PVE-LWCF-NPS0028089; 1PPWOSLAD00 PCA00SA82.Y00000 19XP503582 
(PS.SSLAD0019.00.1); OMB Control Number 1024-0031]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; 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 
March 2, 2020.

ADDRESSES: Send written comments on this information collection request 
(ICR) to the Office of Management and Budget's (OMB) Desk Officer for 
the Department of the Interior by email at [email protected]; 
or by facsimile at 202-395-5806. Please provide a copy of your comments 
to Phadrea Ponds, Acting Information Collection Clearance Officer, 
National Park Service, 1201 Oakridge Drive, Fort Collins, CO 80525; or 
by email at [email protected]. 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, 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. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

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.
    On May 14, 2019, we published a Federal Register notice soliciting 
comments on this collection of information for 60 days, ending on July 
15, 2019 (84 FR 21357). We received one comment from the public in 
response to that notice. This comment did not necessitate any revisions 
to the information collection.
    We are again soliciting comments on the proposed ICR 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

[[Page 5700]]

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.
    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. 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 sub-
grantees of the State, with the State retaining primary grant 
compliance responsibility.
    The following information is collected to administer the LWCF State 
Assistance Program:
    Application (Forms 10-903 and 10-904). 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, Request for 
Discontinuation. Previously, Form 10-902 was used to document the 
agreement between the NPS and the State for accomplishing the project, 
binding the Federal Government and the State to certain obligations 
through its acceptance of federal assistance. With this renewal the NPS 
requests to discontinue use of this form in favor of a standard grant 
and cooperative agreement template that is used across the NPS, which 
is prepared by LWCF State Assistance Program staff.
     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 Grant Application and Revision Form, 
Request for Form Revision. In response to State and NPS LWCF Program 
staff suggestions, the NPS is proposing to revise the form previously 
named 10-904 Proposal Description and Environmental Screening Form (PD/
ESF) to create two sub-versions, one for grant-related actions (renamed 
to Form 10-904, Grant Application and Revision Form) and one for post-
grant stewardship and compliance actions (Form 10-904A, Compliance and 
Stewardship Form). Both versions of the form will continue to provide 
administrative and descriptive information federal decision-makers need 
to understand the nature of the proposed grant-funded project or 
subsequent amendments, including conversions and other non-recreation 
uses.
    The revised NPS Form 10-904, renamed the Grant Application and 
Revision Form, will be required from States submitting applications for 
a new project and any requested amendments to the subsequent grant 
agreement.
     Budget Narrative. Project sponsors must prepare estimates 
of the cost(s) of the proposed grant project.
     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 (Forms 10-903 and 10-904). After initial award and 
over the course of the award performance period, a State or project 
sponsor may seek to amend the agreed-upon terms (e.g., award end date, 
scope of work, or budget). NPS must review and approve such changes. To 
describe the reasons the change(s) is/are needed and the impact(s) to 
the overall project, 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:
    1. Request and recommendation letter from the State Liaison Officer 
(SLO),
    2. Revised SF-424 forms and budget narrative,
    3. Revised boundary map, and/or
    4. Revised 10-903, DNF.
     NPS Form 10-904 Grant Application and Revision Form. The 
revised NPS Form 10-904 (PD/ESF), renamed the Grant Application and 
Revision Form, will be required from States requesting amendments to 
the subsequent grant agreement. The revised form will constitute the 
cover and certification pages, Steps 1 through 3A, plus Steps 5 through 
7 of the previous version of Form 10-904--PD/ESF.
     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 and Other Post-Award Stewardship Issues (Forms 
10-902A, 10-903, and 10-904A). 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. Additional 
documents include maps showing the existing protected recreation area 
and

[[Page 5701]]

delineating the area to be converted and of the proposed replacement 
property.
     NPS Form 10-904A Compliance and Stewardship Form, Request 
for New Form. As part of the revision to Form 10-904, this is a new 
form request. The proposed form will be required from States post-grant 
completion when seeking approval to convert a property from recreation 
use or for a non-recreation use of the site. The new form will 
constitute the cover and certification pages, Steps 3B through 4, plus 
Steps 5 through 7 of the previous version of Form 10-904--PD/ESF. In 
addition, some information previously requested in a narrative format 
will now be requested in a question and answer format.
     NPS Form 10-902A Project Amendment Agreement. With this 
renewal the NPS is requesting to discontinue use of the 10-902A for 
grant amendments in favor of a standard grant and cooperative agreement 
amendment template that is used across the NPS, which is prepared by 
LWCF State Assistance Program staff. Form 10-902A will continue to be 
used for compliance and stewardship actions. It 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.
    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.
    Request for a Public Facility (Form 10-904A). Except for certain 
kinds of recreation-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 describes 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 (Form 10-904A). 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. Besides Form 10-904A, the State's 
proposal to NPS must include:
    1. Request and recommendation letter from the SLO, and
    2. 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 (Form 10-904A). 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.
    Request to Shelter Facilities (Form 10-904A). Project sponsors must 
seek NPS approval to construct a new outdoor recreation facility, or 
partially or fully enclose an existing facility, such as a pool or ice 
rink, to shelter them from severe climatic conditions and thereby 
increase the recreational opportunities. This approval is required 
whether seeking to use LWCF grant funds for this purpose or not.
    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:
    1. A full description of the property's current public outdoor 
recreation resources and the public's current ability to use the 
property; and
    2. 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 sub-grant supported activities to ensure compliance with applicable 
federal requirements and to ensure performance goals are being 
achieved. States must submit reports to NPS at least annually that 
include performance and financial information.
    Request for Reimbursement/Record of Electronic Payment (Form 10-
905). States use the Automated Standard Application for Payments (ASAP)

[[Page 5702]]

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. Payments on 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.
    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.
    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, 10-902A, 10-903, 10-904, 10-904A 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
                                                              respondents   responses     response      burden
                                                                                          (hours)      hours *
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Application (NPS Forms 10-903, and 10-904):
    State/Local/Tribal Governments..........................           56          448           16        7,168
Grant Amendment (NPS Forms 10-903 and 10-904):
    State/Local/Tribal Governments..........................           50          180            5          900
Conversion of Use (NPS Forms 10-902A, 10-903, and 10-904A):
    State/Local/Tribal Governments..........................           50           50         92.5        4,625
Statewide Comprehensive Outdoor Recreation Plan (SCORP):
    State/Local/Tribal Governments..........................           11           11          600        6,600
Open Project Selection Process:
    State/Local/Tribal Governments..........................           11           11           30          330
Request for Public Facility (NPS Form 10-904A):
    State/Local/Tribal Governments..........................            8            8           16          128
Request for Temporary Non-Conforming Use (NPS Form 10-904A):
    State/Local/Tribal Governments..........................            5            5           16           80
Request for Significant Change of Use (NPS Form 10-904):
    State/Local/Tribal Governments..........................            2            2           16           32
Extension of 3-Year Limit for Delayed Outdoor Recreation
 Development:
    State/Local/Tribal Governments..........................            5            5           16           80
Onsite Inspection Reports:
    State/Local/Tribal Governments..........................           56         5040         5.75       28,980
Financial and Program Performance Reports:
    State/Local/Tribal Governments..........................           56          840            1          840
Recordkeeping:
    State/Local/Tribal Governments..........................           56           56           40        2,240
Request for Reimbursement/Record of Electronic Payment (NPS
 Form 10-905):
    State/Local/Tribal Governments..........................           56          448            1          448
Proposal to Shelter Facilities:
    State/Local/Tribal Governments..........................            1            1           16           16
                                                             ---------------------------------------------------
        Totals..............................................          423        7,105  ...........       52,467
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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, NPS Information Collection Clearance Officer, National Park 
Service.
[FR Doc. 2020-01801 Filed 1-30-20; 8:45 am]
 BILLING CODE 4312-52-P