Responsibilities of the Grant Recipient LAND AND WATER CONSERVATION FUND PROGRAM

Responsibilities of the Grant Recipient LAND AND WATER CONSERVATION FUND PROGRAM STATE OF NEW HAMPSHIRE Department of Resources and Economic Development DIVISION of PARKS and RECREATION

State of New Hampshire Department of Resources and Economic Development DIVISION of PARKS and RECREATION Responsibilities of the LWCF Grant Recipient This document is intended to provide you with a summary of and answer questions about the requirements and responsibilities that an applicant must assume if awarded a grant from the federal Land and Water Conservation Fund (LWCF) Program. Compliance with these requirements and responsibilities is mandatory, therefore, we suggest that you read the following and fully understand the obligations on your part before proceeding with the next stage of the application process. If you have any questions, please contact the Division of Parks and Recreation at (603) 271-3556. The requirements and responsibilities are as follows, and are summarized in this document: Nondiscrimination Accessibility Competitive Selection of Consultants Local Financing Retention and Use/Non-Conversion Maintenance Retention of Project File and Records Signage Utility Lines Page 2 of 10

NONDISCRIMINATION Applicants must adhere to Title VI and Title VII of the Civil Rights Act of 1964. Title VI of the Civil Rights Act mandates that no person in the United States shall, on the grounds of race, color, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving federal financial assistance. If a municipality accepts a Land and Water Conservation Fund grant, the property acquired, renovated, or developed with LWCF assistance, as well as all other park and recreation areas administered by the local municipality, must be open to entry and use by all persons regardless of race, color, religion, sex, or national origin. Under Title VI of the Civil Rights Act, a municipality receiving a federal LWCF grant is required to include information on the provisions of Title VI in program manuals, pamphlets, and other printed materials that are distributed to the general public to describe their recreation and park programs and facilities. Furthermore, where municipalities broadcast program of facility information through the mass media, they must assure that the broadcasts state that the program activity or facility is open to all citizens and that discrimination is prohibited. All printed materials or broadcasts must include the following statement: If anyone believes he or she has been subjected to discrimination on the basis of race, color, religion, sex, or national origin, he or she may file a complaint alleging discrimination with the Office for Equal Opportunity, U.S. Department of the Interior, Washington, D.C. 20240. Title VII of the Civil Rights Act prohibits discrimination in employment and sets equal employment opportunity (EEO) hiring standards and goals for minority and female participation in construction contracts to be awarded as part of the project. The enforcement of this law is primarily the responsibility of the local municipal applicant. Discrimination on the basis of residence is also prohibited except to the extent that reasonable differences in admission, user, or other fees may be charged to non-residents. Reservation, membership, or annual permit systems available to residents must also be available to nonresidents and the period of availability must be the same for both, although a reasonable difference in the dues or fee charged may be maintained on the basis of residence. For park and recreation sites or facilities acquired, renovated, or developed with LWCF assistance, fees charged to non-residents cannot exceed twice that charged to residents. Where there is no charge for residents but a fee is charged to non-residents, the non-resident fee cannot exceed fees charged for residents at comparable local public sites or facilities that have a fee system. The requirements of this policy apply only to the park site or recreation facility being funded as a part of the LCWF project. Page 3 of 10

ACCESSIBILITY Discrimination on the basis of disabilities is prohibited under Section 504 of the Rehabilitation Act of 1973, as amended, which basically states that no qualified person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. Lands acquired and parks or facilities developed or renovated with federal Land and Water Conservation Fund (LWCF) assistance must be made accessible to persons with disabilities, even to the extent that buildings and other design features must account for the special needs of the physical handicap in accordance with the Architectural Barrier s Act of 1968. Facilities must include design features to accommodate special needs, including such items as ramps, curb cuts, extra-wide doors, grab bars, special parking provisions, accessible drinking fountains, spectator areas, and negotiable circulation patterns and walkway surfaces. The Division of Parks and Recreation reviews all construction plans and specifications to check for compliance with the Architectural Barrier s Act of 1968 and the American Standard Specifications for Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped. It is ultimately the responsibility of the local government applicant and /or their consultant to insure compliance with these regulations by preparing the plans and specifications accordingly. In addition to providing accessibility to all lands, parks, or facilities developed or renovated with LWCF grant assistance, applicants must also provide written assurances that they will comply with Section 504 of the Rehabilitation Act of 1973 by administering programs, activities, policies, and practices that do not discriminate on the basis of disabilities. Applicants are required to evaluate their programs, activities, policies, and practices to determine what actions need to be taken in order to comply with Section 504 and must publicly proclaim its policy of nondiscrimination and procedures for filing complaints. Applicants employing 15 or more persons full or part-time must comply with other requirements for record-keeping, reporting, and public notification of nondiscrimination on the basis of handicap. The Americans with Disabilities Act of 1990 (P.L. 101-336) reinforces these requirements for federally-assisted programs. Page 4 of 10

COMPETITIVE SELECTION OF CONSULTANTS The federal government mandates that the selection of a consultant be conducted in a manner that provides maximum open and free competition. Negotiation with only one (1) consulting firm or individual is no longer permitted. Requests for proposals or interviews must be sought and obtained from several sources, with the most qualified competitor selected subject to negotiation of fair and reasonable compensation. The requests for proposals do not have to be publicly advertised in the newspaper, but instead can be accomplished through letters of notification or intent to several individuals or firms. Evidence of compliance with this open competition selection process must be kept in your files for future state and federal auditing. The evidence should include copies of the requests for proposals, letters of notification or intent, and a record of the interview process and the selection decision. Municipal Engineers already on retainer with a municipality may be considered as a part of the competitive selection process, but only if the individual or firm possesses the expertise or staff capability for land planning and recreation and park design. The Division of Parks and Recreation reserves the right to conduct examinations of an individual s or firm s background and experience to determine if they possess this expertise, and also reserves the right to deny approval of those individuals or firms that are thought to be unqualified to do this particular type of planning and design. From past experience, our office has found that in most cases the hiring of a qualified consultant is an investment well made. The project planning and design appears to run much smoother and faster, thus eliminating construction delays and costly change order revisions later. Construction also runs much smoother and faster if qualified individuals are hired for construction supervision. Although it may cost a little more in the beginning, the investment in a qualified consultant can save money during the bidding and construction process. It is not necessary to hire a consultant to prepare the acquisition application, but state certified, general real estate appraisers must perform appraisals. A registered surveyor shall prepare boundary surveys. Appraisals must be done in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. Page 5 of 10

LOCAL FINANCING Development Projects: Federal LWCF regulations require that the local applicant verify project expenditures before 50% of those expenditures can be reimbursed to you through the submission of a partial billing request. Verification must be in the form of cancelled checks. The checks and invoices must be forwarded to the Office of Recreation and Resource Services, along with a written summary of the expenditures. For example: Payee Amount Check No. Date Consultant-L.A. Designer, Inc. $1,000 100 7/12/10 Consultant-L.A. Designer, Inc. 500 101 8/12/10 Contractor-I.M. Builder & Co. 8,500 102 9/12/10 Contractor-I.M. Builder & Co. 10,000 103 10/12/10 Total $20,000 Request for reimbursement (50%) $10,000 Once the cancelled checks, invoices, and a summary of expenditures are received and approved by the Division of Parks and Recreation, a request for the partial payment from the federal government will be authorized. You should allow two (2) months before the reimbursement check is available to you. These partial payments can be processed until 90% of the approved LWCF grant amount has been reimbursed. The final 10% will be held until: 1) all project construction is completed, 2) all payments to the contractors and/or consultants have been made, and 3) you have submitted a Requisition for Final Payment Application. The Division of Parks and Recreation staff will also conduct a final, on-site inspection at which time pictures will be taken of the site. If everything is deemed satisfactory, final payment will be authorized for the remaining balance of eligible federal LWCF funds. Allow three (3) months before the final payment check is available to you. Given the reimbursement system of this program, you should have at least 75 80% of the total project cost available to provide the necessary interim financing of the construction costs. These monies may be in the form of cash, other government funding sources, a short-term loan, or any combination of these sources. Acquisition Projects: As previously mentioned, federal LWCF funding is based on 50% reimbursement of eligible project expenditures. Expenditures eligible for reimbursement, in addition to land costs, are P.L. 91-646 relocation and incidental settlement expenses. Appraisal, survey, negotiation, legal costs, etc. are not eligible for LWCF reimbursement. Page 6 of 10

Requests for partial payments can be processed on projects involving a significant number of properties, installment purchases, or condemnation awards. Copies of the following items are needed to process a partial or final payment: 1. Recorded deed or declaration of taking. 2. Settlement sheet. 3. Cancelled check(s) for payment of consideration. 4. Evidence of compliance with P.L. 91-646. Page 7 of 10

RETENTION AND USE/NON-CONVERSION Section 6 (f) of the Land and Water Conservation Fund Act mandates that any site acquired or developed, either partially or wholly, with LWCF assistance must be retained in public outdoor recreation use in perpetuity. Conversion to any other use must receive prior approval of the National Park Service and may require a replacement of the converted lands and/or facilities with substitute lands and/or facilities of like-kind use, value, quality, and location. The National Park Service has the authority to disapprove conversion requests and/or to reject proposed property or facility substitutions. A Section 6 (f) project area must be designated in accordance with this policy and requirement. At a minimum, this area must be a viable public outdoor recreation area that is capable of being self-sustaining without reliance upon adjoining or additional areas. Except in unusual cases where it can be shown that a lesser unit is clearly a self-sustaining outdoor recreation area, the Section 6 (f) area will include the entire park or recreation area being developed or added to. In no case would the area covered by this provision be less than the entire area that will be developed or acquired with LWCF assistance. The Section 6 (f) project boundary must be designated and submitted with the application. The Section 6 (f) boundary may be shown on the site plan submitted with the application or on a separate boundary map. The project area boundary must be clearly delineated so as to be legally sufficient to identify the lands to be subject to and protected by the Section 6 (f) retention and use provisions. The property lines must be identified on the drawing with metes and bounds descriptions except in cases where they can be identified by permanent natural (streams, rivers, etc.) and man-made (highways, walks/curbs, buildings, etc.) landmarks. The acreage of the established area must also be designated on the drawing as well as any restrictions, easements, rights-of-way, or other reservations on the land. The established park boundary area must be owned by the municipal or school district applicant and have appropriate vehicular and/or pedestrian access from a public road/walkway. Suitable parking must also be provided if the project is a drive-to park or facility. Existing indoor recreation uses not otherwise considered a support to the outdoor recreation uses of the site are allowed within the Section 6 (f) area provided such indoor recreation uses do not adversely affect the outdoor uses. Existing uses, such as municipal buildings, storage sheds, firehouses, maintenance garages, and other nonrecreation public use, should be excluded from the Section 6 (f) project area. For acquisition projects where the land being acquired with LWCF assistance is an extension of an existing park area, both the newly acquired land and the existing park are subject to this Section 6 (f) policy and requirement. Page 8 of 10

MAINTENANCE Properties and facilities acquired or developed as part of the project must be properly maintained so as to appear attractive and inviting to the general public, and kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage public use. They must also be maintained in such a manner so as not to present a hazardous or dangerous condition that will affect the safety or lives of the users. Sanitation and sanitary facilities shall be maintained in accordance with applicable state and local public health standards. The Division of Parks and Recreation will make future, unannounced on-site inspections to ensure that proper maintenance is being performed. To insure the municipality s commitment to maintain the site and facilities being acquired and/or developed, the Division of Parks and Recreation may require that a Resolution be passed by the local governing body that designates the actual amount of money to be budgeted annually for the maintenance of the site and facilities. The amount to be budgeted annually will depend on the size and nature of the project and the municipality s maintenance capabilities. As a general rule of thumb, the amount to be budgeted annually for the maintenance of the site and facilities should be equal to at least five percent (5%) of the estimated total project cost. Post-completion site inspections are required every five years by the National Park Service to ensure compliance with LWCF program requirements. RETENTION OF PROJECT FILE AND RECORDS A permanent record including the scope of the project and project boundary map shall be kept in the sponsor s public property records (available for public inspection) to the effect that the site has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. A separate project file is required for the grant project to include all application data, supporting documents, financial records, statistical records, correspondence, and all other records or data pertinent to the grant. This second project file shall be retained for a period of at least three (3) years, except that the file and records shall be retained beyond the three-year period if an audit has not been conducted for the project or if audit findings have not been resolved from an audit report. The retention period shall start from the day the municipal applicant receives the final reimbursement check for the project. The National Park Service and the Division of Parks and Recreation, or any of their duly authorized representatives, shall have access to the project file and records for purpose of review, audit, and examination. Page 9 of 10

SIGNAGE Permanent signage acknowledging Land and Water Conservation Fund assistance shall be installed and shall remain installed. Such acknowledgement will represent a Federal-State-local partnership role in creating new, high-quality outdoor recreation areas and facilities. Contact the Division of Parks and Recreation for specifications. Costs related to project acknowledgement are allowable as part of the initial capital investment. Replacement sign costs are part of operation and maintenance and are not eligible for LWCF funding. UTILITY LINES All reasonable steps must be made to insure the burial, screening, or relocation of existing overhead lines at development or acquisition projects where such lines visibly intrude upon the site s character. All new electric wires under 15 KV and telephone wires must be placed underground. In no case shall mass recreation use areas (swimming, picnicking, etc.) be located under electric wires. Page 10 of 10