Land & Water Conservation Fund (LWCF)

Post-Completion Responsibilities

Post-completion inspections are required on all LWCF projects. By law, the first post-completion inspection must be made five years after final payment is authorized to the sponsor and then at five-year intervals thereafter.

The purpose of these inspections is many-fold. The State must insure that the property acquired or developed with LWCF assistance is being operated and maintained in an attractive and inviting manner. Sanitary facilities must be maintained in accordance with applicable health standards. LWCF properties should be kept reasonably safe for public use. Buildings, roads, trails, structures and improvements must be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage public use. Facilities must be open for public use at reasonable hours and times of the year according to the type of area or facility.

Generally, Post-Completion Responsibilities confirm the following:

• The site is used for the purposes intended.
• The site is attractive and inviting to the public.
• Adequate upkeep, repair of structures and improvements to site are being made.
• No poor workmanship or use of inferior-quality materials or construction are evident at the site.
• Vandalism is not a problem.
• There is adequate staffing and servicing of facilities.
• The site is readily accessible and open to all of the public during reasonable hours and times of the year.
• The site contains an informational sign with educational and safety messages.
• The site exhibits proper acknowledgement of LWCF assistance.

The Audit Process

In the past, Montana Fish, Wildlife, & Parks (FWP) has verified compliance by doing periodic site inspections. Due to the growing number of LWCF sites that must be inspected, and the reduced staff and resources available to the State, it has become necessary to develop a new approach to post-completion certification.

The new Self-Inspection Form includes the same type of project information that previous State inspectors collected at each LWCF site every five years. Today, however, the project sponsor completes the information. The sponsor simply answers the questions as honestly as possible, attaches a photo, and sends the form back to the address provided in a reasonable period of time.

Documentation should include a Section 6 (f)(3) Boundary Map. If the project does not have a boundary map, one should be created using boundary map guidelines. FWP will then submit the map to the National Park Service (NPS) for review and approval.

FWP will still conduct some on-site inspections. Ten percent of all Montana LWCF sites will be randomly inspected. Project sponsors who do not respond after reminders will have their sites physically inspected as well. Uncooperative sponsors may face scoring penalties when submitting future LWCF grant applications.

The Self-Inspection Report allows the State government to run the LWCF Program more efficiently, conserving State dollars. It also insures that Montana will continue to receive funding for outdoor recreation in the future.

The LWCF Sign

Although the use of temporary signs during development is optional, permanent signs are required. Permanent signs should be appropriate and provide public acknowledgement of LWCF assistance. The sign represents the federal-state-local partnership necessary to create and maintain quality outdoor recreation areas.

The permanent sign does not necessarily have to include an LWCF symbol. However, the sign should give acknowledgement to the LWCF program. It should be prominent at the entrance to all LWCF outdoor recreation sites, at other appropriate on-site locations, and in park literature. The State can determine the signs color, size, method of construction, and placement. Acknowledgement of LWCF assistance will be reviewed during compliance inspections.

To obtain an LWCF sign, which is a 12 X 12 plastic sign, contact Montana Fish, Wildlife & Parks, Land & Water Conservation Fund Program , at the address given above.

The Fee Policy

Sponsors who have received LWCF assistance for the acquisition or development of outdoor recreation sites, may not discriminate based on residency status, except to the extent that reasonable differences in admission and other fees may be charged on the basis of residence.

• A site may charge reasonable user fees to offset operation and maintenance costs.
• Fees charged to nonresidents cannot exceed twice that charged to residents.
• Where there is no charge to residents but a fee for nonresidents, nonresident fees cannot exceed fees charged to residents at comparable State or local public facilities.

Project Records

All documents used to substantiate your financial claims, supporting documents, statistical records, and all other records pertinent to a grant program should be retained after the project is completed. Files should be composed of actual paper copies that can be used as documentary evidence (not digital copies of the originals). Keep everything, but especially the grant application itself, all invoices, cancelled checks, contracts and bid specifications. Keep in mind that an LWCF site must be managed for outdoor recreation in perpetuity. Therefore, it makes sense that the files should be maintained in perpetuity.

In the case of a conversion, amendment, or debate over a project site, the process will run smoother if you retain documents. If you have lost your LWCF files, copies are available from Montana Fish, Wildlife, & Parks, with plenty of advance notice. The State will collect a fee to cover staff time and copying costs.

Accessibility

All property acquired or developed with LWCF assistance shall comply with:

• Title VI of the 1964 Civil Rights Act, which states that LWCF property shall be open to entry and use by all person regardless of race, color, or national origin.
• Section 6(f)(8) of the LWCF Act, which states that discrimination on the basis of residence, including preferential reservation, membership, annual permit systems is prohibited except to the extent that differences in admission and other fees may be maintained on the basis of residence.
• Section 504 of the Rehabilitation Act of 1973, which states that no qualified person shall, on the basis of handicap, be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination under any program or activity which receives federal financial assistance.
• Americans with Disabilities Act, which states that all aspects of each project must be accessible and usable by disabled citizens.

Project sponsors may impose reasonable limits on the type and extent of use of areas and facilities acquired or developed with LWCF assistance when such a limitation is necessary for maintenance or preservation. Thus, limitations may be imposed on the numbers of persons using a site. The type of user may also be defined, such as hunters only or hikers only . All limitations shall be in accordance with the grant application, LWCF agreements and project amendments.

Determination of Obsolescence

Project sponsors are required to maintain their LWCF-assisted properties in some form of outdoor recreation. However, they are not required to continue operation of a particular recreation facility beyond its useful life. Notification of Obsolescence is required when a facility can no longer be used.

Like every LWCF modification, NPs approval should be obtained before radical changes in the type of outdoor recreation are proposed. A newly proposed use may significantly alter the original plans for the area. However, NPs approval is not necessarily required for each and every facility use change.

Despite neglect or inadequate maintenance on the part of the project sponsor, a recreation area or facility may be determined to be obsolete if:

1. Reasonable maintenance and repairs are not sufficient to keep the recreation area or facility operating.
2. Changing recreation needs dictate a change in the type of facilities provided.
3. Park operating practices dictate a change in the type of facilities required.
4. The recreation area or facilities has been destroyed by fire, natural disaster, or vandalism.

If there is any change to LWCF-assisted property, the project sponsor must document that change to the State. The sponsor must provide a justification statement that the State will approve. If the State decides the original facility is needed and has been lost through neglect, or inadequate maintenance, then the sponsor must replace the facilities at the current value of the original investment.

Section 6(f)(3) Boundary Map

The purpose of a Section 6(f)(3) boundary map is to define the area being developed or acquired with federal LWCF grant money. This area will be given the protection of Section 6(f)(3) of the LWCF Act, which states that property acquired or developed with LWCF money shall not be converted to uses other than public outdoor recreation.

A Section 6(f)(3) boundary map also ensures that the area defined by the boundary line is a self-sustaining recreation unit. Normally, this will be the total area of the unit receiving LWCF assistance. In no case will it be less than the area to be developed or acquired under a given LWCF application. All projects need to have a Section 6(f)(3) boundary map.

The Section 6(f)(3) boundary map is important to the sponsor! It will prove priceless in cases of a project amendment, conversion-in-use, or any unexpected surprise—such as a court case.

What to Include in the map:

• Title of map.
• Project number.
• Date map was prepared.
• Land title or lease information summary.
• Outstanding rights and interests in project area or adjoining landowners (check for toxic waste dumps, strip-mining, etc.potential future activities should not endanger the viability of the LWCF project).
• Scale in feet.
• A North compass point.
• Include box for signature of Alternate State Liaison Officer (ASLO).
• The words Section 6(f)(3) boundary should be written on the map with an arrow pointing to the boundary line.
• Include measurements (in feet) for boundary lines.
• Map must be capable of being photocopied.
• Boundary lines should be shown by dotted or bold lines, not colors.
• If it can be done, the area within the Section 6(f)(3) boundary should be crosshatched (at least partially) to aid in discerning boundary lines on microfilm copies.
• Whenever possible, map should include some permanent locator—natural landmarks, adjoining ownerships—to aid in determining boundaries in the field.
• Finished map should be submitted on ledger-size paper (11X17).
• Map should be of such quality as to be defensible in a court of law.

A note about Section 6(f) Boundary Maps

According to LWCF rules and regulations, the project area within the Section 6(f)(3) boundary will become encumbered as an outdoor recreational site in perpetuity. This means that it must be managed for outdoor recreation forever.

Where should the lines be drawn? At a minimum, the area must be a viable public outdoor recreation area capable of being self-sustaining without reliance upon adjoining or additional areas not identified in the scope of the project. Usually, the boundary should be drawn around the entire park.

Do not include facilities or grounds not dedicated to outdoor recreation, such as office buildings, firehouses, helipads, cell towers, etc., as these things also become encumbered in perpetuity. The sponsor may then face a lengthy and costly conversion process whenever modifications to such encumbered facilities are proposed.

Conversions

A conversion-in-use happens when any portion of an LWCF site, no matter how small, will be used for a purpose other than the intended outdoor recreation. Occasionally, these conversions occur when a public agency, such as the Department of Transportation (DOT), conducts certain activities, such as road improvements or a road widening. As a policy, FWP does not grant a conversion-in-use for any LWCF property unless the entity proposing the conversion can show that an overall public benefit would accrue from the conversion. Of course, the DOT can show that their activities do provide an overall public benefit, such as improving safety and welfare for Montanas citizens. Therefore, the key question in this case—Is the proposed conversion in the best interest of the public?—can be answered in the affirmative.

Regardless of the reasons for an LWCF conversion, the participant must mitigate the loss of the property through substitution of other recreation properties. The replacement property must meet three basic conditions:

• Be of equal fair market value.
• Be of equal recreational usefulness.
• Be contiguous to the site, or in the same general location.

Section 6(f)(3) of the LWCF Act requires that property acquired or developed with LWCF cannot be converted to any other use without the permission of the Secretary of the Interior. Any sale, lease, or easement of any kind on a portion or all of the property assisted with these funds cannot be allowed until it has been approved through the National Park Service (NPs).

Key Elements:

• Underground utility easements that do not have significant impacts upon the recreational utility of the park do not necessarily constitute a conversion-in-use.
• Plans to construct public facilities, or to shelter or enclose LWCF- assisted properties, where it can be shown that there is a benefit to public recreational opportunity will not require a conversion. Final review and approval will be made on a case-by-case basis by the NPs
• All reasonable alternatives must be evaluated and rejected soundly.
• The fair market value of the property to be converted must be established and the property to be substituted must be at least of equal fair market value as established by Federal Appraisal Standards.
• The property to be substituted must have equivalent recreational usefulness and as the property being converted. It is always preferred that replacement property be contiguous to the LWCF site. If this is not possible, the replacement property should be located nearby.
• Conversions require an amendment to the project agreement.
• Questions should be directed to Montana Fish, Wildlife & Parks BEFORE property is changed.

Amendments

An Amendment is an official alteration of the project agreement and modifies it in a specific manner. It is required whenever a change must be made to the project agreement, such as conversions or time extensions .

Amendments require extensive federal paperwork, which must be completed by FWP. This documentation includes:

• Amendment form (2 originals, signed).
• Standard Form 424.
• Letter explaining changes and how they affect the project.
• Environmental Information (for Amendments affecting the environment).
• If the Amendment changes or adds to original application, FWP shall prepare revised parts of Standard Form 424 for parts affected by Amendment.
• One DI-1953 certification regarding debarment, suspension, etc., for when Amendment involves an increase in amount of money.
• An amended DNF form must be completed.

In Closing

If you have been requested to conduct a Site Audit on your LWCF sites, you should cooperate with FWP to complete the Self-Inspection Form as soon as possible. The State and Federal Government appreciates your prompt attention to this request. Thank you for your cooperation and support of the Land & Water Conservation Fund!