Section .0100 ‑ Purpose Of Program

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 12 - parks and recreation area rules/subchapter j/subchapter j rules.html
Published: 2015

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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.