Project Links
Development of Section 106 Program Alternative for State and Local Assistance Programs
National Park Service - Washington Office » Development of Section 106 Program Alternative for State and Local Assistance Programs » Document List
The National Park Service State and Local Assistance Programs Division is a division within the Partnerships and Civic Engagement Directorate. The Division, in partnership with States and U.S. Territories, administers the Land and Water Conservation Fund Programs (LWCF Program) and the Urban Parks and Recreation and Recovery (UPARR) program. The LWCF Program currently provides federal assistance for planning, acquisition, and development of locally owned and managed outdoor recreation lands.
The LWCF Program provides matching grants to states and through states to local governments for planning, acquisition, and development of locally owned and managed public outdoor recreation lands and facilities. In its first 50 years, LWCF has granted more than $16.7 billion to acquire new outdoor recreation lands and the fund has provided over 40,000 grants to state and local governments, U.S. Territories and the District of Columbia.
The LWCF Program currently has two distinct, but similar grant avenues through which states can apply for funding. LWCF Formula Grants and the Outdoor Recreation Legacy Partnership (ORLP) Program grants. ORLP is a nationally competitive grant program that delivers funding to urban areas with priority given to projects located in economically disadvantaged areas and lacking in outdoor recreation opportunities. An additional program, the Urban Park and Recreation Recovery Program (UPARR Program), has not been funded since 2002. Collectively, all these programs are referred to as the LWCF Financial Assistance Programs.
Federal financial assistance projects are considered undertakings (36 CFR § 800.16(y)) requiring compliance with Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108). The regulations set forth at 36 CFR Part 800, Protection of Historic Properties, were issued by the Advisory Council on Historic Preservation (ACHP) in 2004 and implement Section 106.
NPS is looking to improve how the Section 106 review process is carried out for the LWCF financial assistance programs. NPS has been evaluating its current policy and is requesting initial feedback on its current and future Section 106 process, specifically with regard to:
* Clarifying the Federal undertaking for LWCF Financial Assistance Programs and
UPARR.
* Timing of the Section 106 process, including when NPS consults with Tribes, Native
Hawaiian organizations and Alaska Native Corporations.
* Roles and Responsibilities for NPS, States, and project sponsors, and if these
responsibilities are different for new grants versus conversion of use approvals.
* The purpose and need for a Section 106 program alternative (36 CFR § 800.14) for
these undertakings, and the appropriate program alternative.
A conceptual overview of these issues and specific questions for participants entitled "NPS State Assistance Grants Land and Water Conservation Fund Compliance with Section 106", is available for download in the "Document List" to the left. Key concepts, legislation and regulatory citations are available in an Attachment, also available in the "Documents List" for download.
CONSULTATION
The NPS will host three (3) virtual consultation meetings to provide an overview of its undertakings and an opportunity for discussion. Please register in advance for any consultation session you plan to attend.
Tuesday April 16, 2023
State Historic Preservation Offices (SHPOs)
3:00 - 4:00 P.M. Eastern Daylight Time
https://events.gcc.teams.microsoft.com/event/8ae04964-d410-42aa-9632-d2462a433f77@0693b5ba-4b18-4d7b-9341-f32f400a5494
Tuesday, April 23, 2024
Tribal Nations, Alaska Natives, and Native Hawaiian organizations
3:00 - 4:00 P.M. Eastern Daylight Time
https://events.gcc.teams.microsoft.com/event/c4f5e3c3-f19f-4f89-a7c6-a3fc0be02cd7@0693b5ba-4b18-4d7b-9341-f32f400a5494
Thursday, April 25, 2024
SHPOs, State recreation agencies, Tribal Nations, Alaska Natives, and Native Hawaiian organizations
3:00 - 4:00 P.M. Eastern Daylight Time
https://events.gcc.teams.microsoft.com/event/43031d07-247b-4a3f-8be4-a2f47e6d5b00@0693b5ba-4b18-4d7b-9341-f32f400a5494
SUBMIT COMMENTS
The NPS invites your feedback. Please submit comments online by clicking the "Open for Comment" link on this page and selecting the "NPS State Assistance Grants Land and Water Conservation Fund Compliance with Section 106" file, and after opening the page, clicking the "Comment Now" button. That action will open the comment submission screen.
Alternatively, comments may be submitted via email to lwcf_compliance@nps.gov.
The deadline for submitting comments is June 28, 2024.