Ohio Department of Natural Resources Office of Real Estate 2045 Morse Road E2 Columbus Ohio 43229 9/21/2017

Land & Water Conservation Fund Act LWCF in OHIO Land & Water Conservation Fund Act Passed by Congress 1964, effective 1965. Expires 9/30/2018 Portion of funding appropriated to states – “state side” Over ½ of funding has been used for local park projects, balance on ODNR lands (140 awards). All subject to 6(f). 1455 LWCF Ohio awards since 1967 1st: Delaware SP, 1455th: Village of Richwood Ohio Department of Natural Resources

LWCF Eligible projects: Section 6(F) Perpetuity requirement 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

retained & used for public outdoor recreation. 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. Ohio Department of Natural Resources

4(f) and 6(f) 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

A project is on or near 6(f) land. What happens? 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

Boundary Maps The good… Ohio Department of Natural Resources

And the not so good… Ohio Department of Natural Resources

A project will have an effect 6(f) land. What happens? It depends….is it a…. Conversion? Small Conversion? Temporary Non Conforming Use? Park Enhancement / Maintenance? Ohio Department of Natural Resources

Conversions 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… Ohio Department of Natural Resources

Conversions 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

Conversion Procedure Overview 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

Conversion Requirements Overview Appraisals (UASFLA) of the subject 6(f) property and the replacement property are currently required (there are exceptions) & must be approved by a state certified appraisal reviewer.   A Section 106 review for both the subject 6(f) property & the proposed replacement property. New Boundary Maps must be created for the revised subject 6(f) property & the new replacement property. Replacement property is now also subject to 6(f). Ohio Department of Natural Resources

Conversion Overview Cont… Environmental review of the subject 6(f) property & the replacement property. EAs are usually required. Completed 4F/6F project report. ODNR sends all information to the NPS for approval. Upon approval, an amendment to the original LWCF grant agreement will be executed.   Ohio Department of Natural Resources

Small Conversions (new) You may have a small conversion if all these apply: No environmental or historic properties impacts. The conversion is not controversial. Replacement property is contiguous to the original 6(f) property or another park in community. The converted property is no more than 10% of the 6(f) property. Ohio Department of Natural Resources

Benefits of the small conversion 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

Activities that will not trigger a Conversion 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

Activities that might not trigger a Conversion 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. Ohio Department of Natural Resources

Temporary Non-Conforming Use 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 2 - 3 months, and trail will be detoured. Ohio Department of Natural Resources

What is it? 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

What is it? Conversion or Small Conversion 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 Ohio Department of Natural Resources

What is it? Conversion or Small Conversion 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

LWCF Questions? An Exemplary LWCF Project Ohio Department of Natural Resources

Ohio’s Contact for LWCF Mary Fitch Recreation Services Administrator Office of Real Estate Ohio Department of Natural Resources 2045 Morse Road E2 Columbus, Ohio 43229-6693 mary.fitch@dnr.state.oh.us phone: 614-265-6477   fax: 614-267-4764 Ohio Department of Natural Resources