NPS Requests input on Conversions and Post Compliance Actions

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Note the following and time sensitive request to NASORLO members !!!

The Land and Water Conservation Fund (LWCF) is looking forward to the next fifty years of the program. We recognize program proficiency exists at several levels from our Program/Grants Officers to our State Partners and Colleagues.  We want to make positive strides by broadening our level of communication and commitment to improve compliance across the board. To this end, we want your input about how you think “conversion” should be defined and your thoughts on top questions you have regarding post-completion compliance.

First, we are seeking to define “conversion” related to 54 U.S.C. 200305(f)(3) (formally referred to as  Section 6(f)(3)) of the LWCF Act and the particular parameters or thresholds that trigger a conversion.  We hope to tap into your program expertise learning your thoughts on this important and unique provision of the LWCF program.  Our purpose in doing so is to provide a basis to help shape and improve the policies of the program moving forward.  Some examples to aide you in this process include:

Possible Conversion Definitions:

  1. A process where public outdoor recreation property subject to the LWCF Act 54 U.S.C. 200305(f)(3) provision is permanently used for private or non-outdoor recreation purposes (defined by the program) and replaced per the LWCF Act and conversion process regulations (Post-completion regulations) at 36 C.F.R. 59.3.
  2. A process to revise contractual obligations associated with moving the LWCF recreation boundary from one location to another.

Parameters or thresholds that trigger a conversion:

  • The loss of any actual or potential outdoor recreation opportunity within the LWCF recreation area. (If a recreational opportunity is lost, it’s considered a conversion regardless if there is some remaining opportunity for recreation.)
  • Any change of use that completely/substantially (limits by a percentage of use) prevents or limits public outdoor recreation.
  • The site owner is not an eligible LWCF applicant.

Remember to keep in mind the implications of the conversion definition as you are crafting. Please send your conversion definition and parameters/thresholds options to your NPS LWCF Program Officer or Grant Officer for compilation by March 17, 2017. We will take any and all thoughts so more than one response from a state is okay.

In addition, we would like to start providing more support to our partners by tackling the top compliance related questions creating more consistency and confidence between LWCF colleagues.  To this end we are seeking your input on your top three or four post-completion compliance related questions to your NPS LWCF Program Officer or Grant Officer by March 17, 2017. Once gathered we will start working on the best method to discuss the question and provide recommendations.

We are trying out this approach and welcome any feedback or suggestions to improve this process along the way. Thank you for your continued support and interest in outdoor recreation provided via LWCF.

Finally, if you do not wish to receive this sort of correspondence, please reply to emily_ferguson@nps.gov to have your contact details removed from the group.