Office of Real Estate 2045 Morse Road E2 Columbus Ohio /9/2016

Ohio Department of Natural Resources Land & Water Conservation Fund Act Passed by Congress 1964, effective A portion of funding appropriated to states – “state side” In Ohio over ½ of this funding has been used for local park projects, the balance on ODNR lands ( 140 awards). All subject to 6(f) LWCF Ohio awards since st : Delaware SP, 1428 th : Vinton Co. Moonville Trail.

Ohio Department of Natural Resources Eligible projects: Public park & outdoor recreation areas owned by political subdivisions. –Acquisition –Development –Rehabilitation Section 6(F) Perpetuity requirement Grant funded property must remain in public outdoor recreational use forever.

Ohio Department of Natural Resources Section 6(F)(3): Property acquired or developed with LWCF assistance shall be retained & used for public outdoor recreation. Any property so acquired and/or developed shall not be wholly or partly converted to other than public outdoor recreation uses without the approval of NPS pursuant to Section 6(f)(3) of the LWCF Act and these regulations. The conversion provisions of Section 6(f)(3), 36 CFR Part 59, and these guidelines apply to each area or facility for which LWCF assistance is obtained, regardless of the extent of participation of the program in the assisted area or facility.

 4(f) applies to parks, recreation areas & wildlife/waterfowl refuges.  6(f) applies to all public properties containing Land & Water Conservation Fund (LWCF) investments.  6(f) coordination with the National Park Service, through the ODNR, is required.  Project properties can be subject to 4(f) but not 6(f). Almost all 6(f) properties will be 4(f).  ODNR & ODOT have combined the 4(f) and 6(f) paperwork, approved by the NPS, replacing the LWCF Proposal Description Environmental Screening Form (PD-ESF) for 6(f) coordination on ODOT projects. Ohio Department of Natural Resources

1st Step: Identify the boundary of the 6(f) land. ( Obtain the 6(f) boundary map.) If the project is not within the 6(f) boundary there is no 6(f) issue, (unless there is an impact to the 6(f) land). Some older boundary maps are substandard, or you may find multiple versions. Ask the LWCF manager at ODNR for clarification. Ohio Department of Natural Resources A project is on or near 6(f) land. What happens?

Boundary Maps The good… Ohio Department of Natural Resources

It depends….is it a…. Conversion? Small Conversion? Temporary Non Conforming Use? Park Enhancement / Maintenance? Ohio Department of Natural Resources

Property transfers or permanent easements for non-public or non outdoor recreation uses. Example: a road is widened adjacent to 6(f) protected land, resulting in a take of parkland. All, or a portion of, 6(f) protected property is closed to public use for longer than six months. Indoor facilities are built within the 6(f) protected property without NPS approval. Examples: Library, fire station, township garage…

What is required? Replacement property of equal FMV in the same outdoor recreation ‘service’ area (there are exceptions) & of equivalent recreation usefulness. Always coordinate with ODNR during the property selection process. Ohio Department of Natural Resources

Coordinate with ODNR to establish the area of conversion. The conversion may be: Just the project footprint within the 6(f) area, Or may include a larger 6(f) area that is affected Or may be the entire 6(f) property All practical alternatives to the conversion must be evaluated and rejected. Including no action. Ohio Department of Natural Resources

You may have a small conversion if all these apply: There are no environmental or historic properties impacts. The conversion is not controversial. The replacement property is contiguous to the original 6(f) property. The converted property is 5 acres or less, or < 10% of the 6(f) property, whichever is less. Ohio Department of Natural Resources

Similar to a regular conversion but a faster, less costly process. Appraisal is still usually required, but not Yellow Book. Waiver Valuation allowed if property value is < $25K. An EA is not usually required. Ohio Department of Natural Resources

Small Conversion in Village of Bradford Ohio Department of Natural Resources

Maintenance Projects: Improvements /rehab in park to enhance recreational use. Examples: New pedestrian bridge, new trail, new trailhead, repair to a park road within the park (if road is park owned). Utilities: If placed underground without impact to the surface beyond a brief installation period.

Ohio Department of Natural Resources Construction of ‘sheltered’ public facilities Example: Indoor rec center. There are stipulations, ODNR/NPS coordination is required. Change in outdoor recreation use Example: Passive park changed a sports park (ball fields, etc.) There are stipulations, ODNR/NPS coordination is required.

Temporary non-recreation activities of less than six-month duration within a 6(f) protected area. Coordinate with ODNR to obtain NPS approval. Examples: A staging area for roadway construction outside of park will be placed within a 6(f) park for 4 months. Due to repair work on a bridge that crosses over a 6(f) park, there will be no public access under the bridge for months, and trail will be detoured. Ohio Department of Natural Resources

A trail must be closed in a 6 (f) park for 3 months while a trailhead parking lot in the park is repaved. The trail is detoured on a park road, and parking on the grass is allowed during the project. Conversion or Small Conversion Temporary Non Conforming Use Park Enhancement / Maintenance Ohio Department of Natural Resources

During a county road project a detour is constructed on the edge of a 6(F) protected park. Park land (50 ft. by 2500 ft.) will be used temporarily, for a 5 month period. Conversion or Small Conversion Temporary Non Conforming Use Park Enhancement / Maintenance

A replacement bridge will be constructed on a county road that bisects, but provides access, to a park. Since the new bridge is larger than the existing bridge, 250 sq. ft. of parkland will be taken for the bridge abutments. Conversion or Small Conversion Temporary Non Conforming Use Park Enhancement / Maintenance Ohio Department of Natural Resources

An Exemplary LWCF Project

Mary Fitch Recreation Services Administrator Office of Real Estate Ohio Department of Natural Resources 2045 Morse Road E2 Columbus, Ohio phone: fax: Ohio Department of Natural Resources