LWCF Program Requirements
Acceptance of an LWCF grant agreement with Utah State Parks requires the recipient/sponsor to assume the responsibility for compliance with LWCF Act, any and all program requirements, and applicable state and local laws. In signing the contract with Utah State Parks, the sponsor accepts the responsibility for compliance and the consequences of non-compliance.
Summary of the Major Program Requirements:
Once a public outdoor recreation site, always a public outdoor recreation site.
Any site that has been acquired, developed, or improved, no matter how small the improvement, with funds from the LWCF grant program, must be open to the public and maintained in perpetuity (forever) for public outdoor recreation.
The LWCF requires a 6F boundary map of the recreation site.
This map determines the area bound by the LWCF grant requirements outlined here and in your contract with Utah State Parks. All property and facilities contained within the 6F boundary map must not be converted from public outdoor recreation. The project must be maintained as originally intended and large changes to the use or functionality must be approved by Utah State Parks and the NPS. Conversions of use are to be avoided whenever possible. Conversions are not a right and must be approved by Utah State Parks and the NPS. The Conversion of Use Process is used to request approval from the NPS.
Environmental, Historical, and Cultural Studies
As part of the application or conversion process, all projects must comply with the National Environmental Policy Act (NEPA) and the Historic Preservation Act. Projects must include analysis of potential impacts on environmental and historic resources. Project sponsors and applicants should review the Proposal Description and Environmental Screening Form (PD-ESF) for resources to be investigated for potential impact. For all conversions, the sponsor is required to prepare an Environmental Assessment (EA) document for NEPA compliance. Keep in mind if a conversion or project is controversial or contains major impacts to the environment or cultural resources, the sponsor may be required to prepare an Environmental Impact Statement (EIS).
Project must comply with the Civil Rights Act and Americans with Disabilities Act.
Overhead Power Lines
All overhead lines (power, cable or communication) must be installed underground. Existing lines must be buried, removed or relocated and future lines must be installed underground.
All proposals are required to have solicited public comment before recommendation to the Utah State Parks Board. If an application is received that has not undergone a public comment period and/or hearing, it will be scored lower during the initial project ranking. Examples of public comment are the official minutes of a commission or council meeting, a planning document that includes the site specifically identified and any public comments associated with the site, or the minutes of an actual public hearing on the proposed facility.
Procurement, Contracts, and Bidding
Sponsors receiving federal LWCF assistance must comply with all applicable local, state and federal requirements regarding contracts and bidding. This includes, but is not limited to, compliance with Utah's public procurement laws and procedures, administrative requirements for grants and cooperative agreements to state and local governments, any administrative and audit requirements and cost principles for assistance programs, Department of Interior cost principles for state and local governments, audits of state and local governments as these relate to the application and acceptance/use of federal funds for assistance.
All grantees are required to submit quarterly reports on the grantees' progress toward completion of the grant project.
Invoices and proof of payment for eligible reimbursable items must be submitted with all reimbursement requests. Only expenditures incurred within the approved LWCF project period are eligible for reimbursement. Expenses incurred prior to authorization of the LWCF grant agreement or after the expiration date are ineligible for reimbursement.
LWCF Acknowledgement Sign
LWCF requires that all recreation areas assisted by the program post a sign acknowledging LWCF assistance. The sign must be posted in a prominent public area visible to all visitors. If the facility is located in an area where excessive tagging or graffiti preclude the use of a sign, the sponsor may add the logo and acknowledgement to their recreation website. Contact the LWCF grant coordinator for NPS requirements and official logo.
Retention of Records
All documents related to the LWCF project should be retained in perpetuity. These papers include project agreements, correspondence, deeds, as-built plans, inquiries regarding proposed changes at the park, Section 6F boundary map, and grant application materials. Also, all financial records and documents used for verifying your reimbursement, including bid information, must be retained for a period of three years with the following qualifications:
- If any litigation, claim, or audit is started prior to the expiration of the three years, the records shall be retained until all such actions have been resolved.
- Records for non-expendable property acquired with fund assistance shall be retained three years after its final disposition.
Operation and Use
All LWCF assisted areas must be open to the public during reasonable hours of operation. Hours of operation should be determined according to the type of area or facility being operated and in relation to the season.
LWCF assisted properties must receive regular maintenance to ensure continuing public use in a safe and sanitary manner.
Reasonable user fees may be charged by the sponsor to offset operation and maintenance costs. Sponsors may charge a higher fee to non-residents as long as the higher fee is realistic, comparable to what is charged at other local parks and does not preclude use by non-residents and is no more than twice the residential fee.
Inspections are regularly performed on LWCF assisted areas to monitor the project sponsor's compliance with program requirements. Recreation areas found in non-compliance will be notified in writing of the problems and a timeframe for remediation. In cases, where inspections discover conversions of use, Utah State Parks will provide direction to the sponsor on the Conversion of Use Process and a timeframe for initiation.