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.