SUBCHAPTER 12J ‑ LAND AND WATER CONSERVATION PROGRAM

 

SECTION .0100 ‑ PURPOSE OF PROGRAM

 

 

15A NCAC 12J .0101       PURPOSE

(a)  The National Park Service, U.S. Department of the Interior, apportions a sum of funds from the Land and Water Conservation Fund (LWCF) to the State of North Carolina for the purposes of statewide outdoor recreation planning; and, the acquisition and/or development of outdoor recreation areas and facilities.  Use of LWCF monies must follow regulations contained in the LWCF Outdoor Recreation Grants‑In‑Aid Manual.

(b)  The purpose of the state program is to provide financial assistance to state agencies and local governments  responsible for providing outdoor recreation opportunities and to act as liaison between local, state and federal agencies in administration of the grants program.  The state program reviews, evaluates and recommends which project should be funded to the National Park Service (NPS).  NPS approved projects are then administered and monitored during the project period and after project completion to assure compliance with LWCF rules and regulations.

 

History Note:        Authority G.S. 113‑8; 143‑313(a)(7); 143B‑10; P.L. 95‑625;

Eff. March 1, 1979;

Transferred from T15.20 .0101 Eff. August 22, 1984;

Amended Eff. October 1, 1984.

 

15A NCAC 12J .0102       AUTHORITY

The LWCF Act of 1965 (P.L. 88‑578) provides 50/50 matching grant to the states, and through the states to local governments.  Authority to accept and to administer funds for the program at the state level is vested through a formal agreement between the state and U.S. Department of the Interior.  The state liaison officer appointed by the Governor is vested authority to administer the program at the state level.  Alternate state liaison officers may be appointed by the state liaison officer to assist in administering the program.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10;

Eff. March 1, 1979;

Transferred from T15.20 .0102 Eff. August 22, 1984;

Amended Eff. August 1, 1988; October 1, 1984.

 

SECTION .0200 ‑ FUNDING ALLOCATION: MATCH AND PROJECT SIZE

 

 

15A NCAC 12J .0201       ALLOCATION

(a)  Federal funds which are for this program are allocated by the state liaison officer between state agency projects and local governments projects.

(b)  The state liaison officer shall annually review the allocation in consultation and with the advice of the Parks and Recreation Council.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. March 1, 1979;

Transferred from T15.20 .0201 Eff. August 22, 1984;

Amended Eff. October 1, 1984.

 

15A NCAC 12J .0202       MATCHING REQUIREMENT

All outdoor recreation grants whether to state agencies or local governments must be matched at not less than a 50‑50 basis.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. March 1, 1979;

Transferred from T15.20 .0202 Eff. August 22, 1984;

Amended Eff. October 1, 1984.

 

15A NCAC 12J .0203       PROJECT SIZE

The state liaison officer shall determine the minimum and maximum amount of grant awards for state agency projects and for local government projects.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. October 1, 1984.

 

SECTION .0300 ‑ GRANT APPLICATION AND EVALUATION PROCEDURES

 

 

15A NCAC 12J .0301       PRE‑APPLICATION: APPLICATION FOR SUBMITTAL

(a)  All pre‑applications and applications for LWCF assistance must be submitted to the Division's regional office park and recreation consultant serving the applicant, P.O. Box 27687, Raleigh, North Carolina 27611.

(b)  Local governments should complete previous LWCF grants prior to consideration for receiving another grant.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. March 1, 1979;

Transferred from T15.20 .0301 Eff. August 22, 1984;

Amended Eff. October 1, 1984.

 

15A NCAC 12J .0302       PRE‑APPLICATION: APPLICATION SCHEDULE

(a)  Funding cycle dates will be announced after pre‑applications and receipt of LWCF apportionment.

(b)  Applications must be received according to the funding cycle schedule approved by the state liaison officer.

(c)  Project applications which are considered for funding but cannot be funded during a funding cycle may be carried over to the next funding cycle up to a total of two funding cycles.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. March 1, 1979;

Transferred from T15.20 .0302 Eff. August 22, 1984;

Amended Eff. October 1, 1984.

 

15A NCAC 12J .0303       PRE‑APPLICATION

Pre‑application shall be submitted according to requirements prescribed by the Department.  Clearinghouse comments made as a result of pre‑application review must be addressed in the application.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. March 1, 1979;

Transferred from T15.20 .0303 Eff. August 22, 1984;

Amended Eff. October 1, 1984.

 

15A NCAC 12J .0304       APPLICATION FORM AND CONTENT

All applications must be submitted according to requirements of the LWCF Program prescribed by the Department of the Interior in the Land and Water Conservation Fund Grants Manual.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. March 1, 1979;

Transferred from T15.20 .0304 Eff. August 22, 1984;

Amended Eff. October 1, 1984.

 

15A NCAC 12J .0305       EVALUATION OF APPLICATIONS

(a)  The regional park and recreation consultant will review and evaluate agency and local government applications at the regional level before forwarding applications to the Department LWCF Program.

(b)  The LWCF Program staff will review and evaluate all project applications.  The evaluation process will include a rating of project applications according to the North Carolina Open Project Selection Process approved by the Department of the Interior.

(c)  The LWCF Program staff will recommend a list of projects for funding to the LWCF Review Committee.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. March 1, 1979;

Transferred from T15.20 .0305 Eff. August 22, 1984;

Amended Eff. October 1, 1984.

 

15A NCAC 12J .0306       REVIEW BY THE LWCF REVIEW COMMITTEE

(a)  A LWCF review committee has been constituted by the state liaison officer to advise him in the project selection process.  The committee consists of the alternate state liaison officer and eight members named by the state liaison officer.  Membership should include representation from a broad range of outdoor recreation interests, including representation from outside of state government as well as minority interests.

(b)  During each funding cycle, the LWCF review committee will review the evaluations and recommendations prepared by the LWCF program staff, as well as other relevant data, and recommend a list of projects to the state liaison officer for funding.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. March 1, 1979;

Transferred from T15.20 .0306 Eff. August 22, 1984;

Amended Eff. October 1, 1984.

 

15A NCAC 12J .0307       FINAL DECISION

Based upon recommendation of the LWCF Program staff and the recommendations of the LWCF review committee, the state liaison officer will recommended a list of projects to the National Park Service for funding.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. March 1, 1979;

Transferred from T15.20 .0307 Eff. August 22, 1984;

Amended Eff. October 1, 1984.

 

15A NCAC 12J .0308       GRANT AGREEMENT

(a)  Upon approval of the application by the NPA, a written grant agreement will be executed between the grant recipient and the Department. The approved application, supporting documentation and amendments, if any, shall become a part of the grant agreement.

(b)  The agreement states the responsibilities and obligations, both during the project period and after project completion, that the grant recipient must assume as a comcomitant of receiving LWCF assistance.

 

History Note:        Authority G.S. 113‑8; 143‑323(a)(7); 143B‑10; P.L. 95‑625;

Eff. October 1, 1984.