Managing 6(f) Conversions: The Good, the Bad, and the Ugly Greenville, SC September 8-11, 2015

Session Objectives 1. Comprehend the basic fundamentals of the 6(f) (3) conversion of use process.

LWCF Act of 1965 (Public Law , as amended) Goals: –Meet state and locally identified public outdoor recreation needs to strengthen the health and vitality of the American People. –Increase the number of protected state and local outdoor recreation resources and ensure their availability for public use in perpetuity. –Encourage sound planning and long-term partnerships to expand the quantity and ensure the quality of needed state and local outdoor recreation resources.

Section 6(f)(3) of the LWCF Act No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversions only if the Secretary finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.

“Anti-Conversion” Requirements –Applies to all parks and other sites that have been the subject of LWCF grants of any type, whether for acquisition of parkland, development or rehabilitation. –Discourages casual “discards” of park and recreation facilities by ensuring that changes or “conversions from recreation use” will bear a cost—a cost that assures the public that investments in the “national recreation estate” will not be squandered.

Effective Section 6(f)(3) Protection –Management Tools A Good “6(f)(3) project boundary map” for each application showing the park area to be covered by Section 6(f)(3). Required on-site inspections of all grant- assisted areas and facilities at least once in every five years. Thorough follow-up with sponsors to address any compliance issues.

Conversions of Use –Subject to: Section 6(f)(3) of the LWCF Act 36 C.F.R. Part 59 Chapter 8.E of the State and Local Assistance Manual –Applicable to each area or facility for which LWCF assistance has been obtained and is consistent with the contractual agreement between NPS and the State. (General Provisions)

Action prior to submitting conversion package –All parties (sponsor/State/NPS) agree about the 6(f) boundary –NPS has agreed there is a conversion; i.e. could be a conversion exception –NPS has agreed to conversion footprint –Replacement property is eligible

NPS Jurisdiction Includes –The potential impacts to any property that will remain in 6(f) protection (partial conversions) –The potential impacts from developing the replacement parcel to the level required for conversion mitigation. –The potential impacts to cultural resources at both the converted and replacement sites.

NPS Jurisdiction Does Not Include –Impacts from development that may or may not occur at the converted site after the conversion is approved. –The process for selecting a replacement site, provided it meets requirements. –The rationale for the decision a local agency has made regarding the disposition of their property.

Prerequisites to the NPS consideration of Conversion –The Proposal Description and Environmental Screening Form (PD/ESF) guides the development of the conversion proposal, including the incorporation of the following prerequisites: All practical alternatives to the conversion have been considered. The fair market value of the property to be converted has been established and replacement property is of at least equal fair market value as established by a state approved appraisal. The proposed replacement property is of reasonably equivalent usefulness and location as that being converted. The proposed replacement property meets the eligibility requirements for LWCF assisted acquisitions (Chapter 3 of LWCF Manual). The impact of the converted portion on the remaining area (partial conversions). All necessary coordination with other federal agencies has been satisfactorily accomplished. The guidelines for environmental review under NEPA and NHPA Section 106 have been satisfactorily completed for both converted and replacement sites (Chapter 4 of LWCF Manual). Adherence to state intergovernmental review procedures as appropriate. The proposed conversion and replacement properties are in accord with the SCORP.

Conversion Denial –Documentation is lacking or the process has not been adequately followed. –In extremely rare cases, the NPS may find that a protected resource is so valuable or unique that its recreation amenities cannot be replaced. Iconic sites Sites that are the only public outdoor recreation available to serve a population Sites with intrinsic values that are irreplaceable.

Questions? Discussion…