Ga. Comp. R. & Regs. 391-5-13-.02

Current through Rules and Regulations filed through October 17, 2024

Rule 391-5-13-.02 - Land and Water Conservation Fund (L&WCF)

(1) Purpose. The purpose of the Land and Water Conservation Fund (L&WCF) is to provide no more than fifty percent matching grant assistance to eligible applicants for acquisition of real property and/or development of recreation facilities for general purpose public outdoor recreation. Lands and facilities must be for outdoor recreation or directly support outdoor recreation; must be open to the general public without discrimination during reasonable times and hours; must be maintained and operated for public outdoor recreation in perpetuity.

Specific criteria which address recreation issues as identified in the Statewide Comprehensive Outdoor Recreation Plan (SCORP) are used to evaluate the grant applications. Grants are awarded to applicants with proposed projects which will increase the local supply of public outdoor recreation lands and/or facilities either through the purchase of real property, facility development or rehabilitation of existing facilities.

(2) Eligible Applicants. All legally constituted entities (cities, counties, recreation commissions, or recreation authorities with legislative sanction) may apply for grant funds under this program. Eligible applicants must apply for grants under this program in a manner and format prescribed by the Department. Applications and related instructions for applying may be received by writing to the Department at the following address:

Department of Natural Resources

Grants Administration Unit

2 Martin Luther King Jr. Drive, Suite 1352

Atlanta, Georgia 30334

(3) Application Procedures. The typical calendar of a biennial funding cycle follows:

September Public announcement of the Application Process.

October Applications due (specific deadline assigned each year in the public announcement).

Nov- Jan Staff reviews, evaluates, and ranks applications.

February Funding recommendations are presented to the Board of Natural Resources.

June Applications are submitted to National Park Service for approval.

October Staff completes paperwork for formal commitment of funds.

Eligible applicants shall make application to the Department of Natural Resources by the specified deadline in the manner and format outlined in the program application. Each application package shall include responses to program criteria for which the applicant seeks points, including appropriate justification and supporting documents. All grants are subject to applicable state and federal laws, rules and regulations (including but not limited to environmental compliance specified in NEPA and GEPA and non-discrimination laws) and each application must include appropriate compliance documentation. Applications must be received by the specified deadline. Contact the Department of Natural Resources at the above address for a copy of the criteria and formal grant application procedures. The above schedule may be altered, but the same basic process will be followed.

(4) Program Criteria. Each applicant must respond to Minimum Requirements and Evaluation Criteria as summarized below:

Minimum Requirements

These are requirements that an applicant must meet in order to be considered for a L&WCF grant. There are no points attached to these requirements. Only one of two situations can occur; (1) Yes-the applicant meets all minimum requirements and is therefore eligible for consideration based on how a proposed project scores under the Evaluation Criteria; (2) No- the applicant does not meet the minimum requirements and is therefore ineligible for consideration of funding. The following minimum requirements apply to all applicants for assistance:

Title VI Compliance

Compliance with the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973

Legally constituted entity as sponsor

Satisfactory park operations and maintenance track record

Demonstrated capability for administering grants

Submit a resolution regarding the availability of a 50% match

Non-exclusionary user fees

Compliance with all state and federal regulations, rules and legislation

Significant citizen participation in the planning process

Evaluation Criteria

Below are sections within the Evaluation Criteria. Each section has one or more criteria to which a variable number of points are attached. These criteria are designed to measure the overall concept of the proposed project. Because not all criteria are equally important, the criteria are weighted.

Administrative Criteria

Project Specific

Planning Efforts

Rehabilitation Projects

Development Projects

Acquisition Projects

Grant Match & Partnerships

The above mentioned criteria sections and requirements can be found in their entirety in the Land and Water Conservation Fund Pre-application packet. This package is available from the Department of Natural Resources at the address listed in "(2) Eligible Applicants."

(5) Review of Grant Applications. Applications received from eligible applicants are reviewed by the grants staff to determine both program eligibility and a ranking score. Specific criteria, as outlined above, are used to evaluate the grant applications. Each application is evaluated according to the criteria and assigned a number score. Grants are recommended for funding on the basis of the score, and normally only one grant per funding cycle per applicant. A grant ceiling is usually set at the beginning of the application cycle based on the level of appropriation. All funds are allocated on a biennial basis.

(6) Awarding of Grant Funds. Upon completion of the review and ranking of all applications by staff, funding recommendations are presented to the Board of Natural Resources for notification and review. Following notification to and review by the Board, the grants staff completes paperwork including the contracting process with the grant recipients. The grant period is normally not more that two years, and funds will flow to the grant recipient on a reimbursable basis as the work progresses. A grant recipient's land and/or facilities are subject to periodic inspections by grants staff for appropriate operation and maintenance and compliance with applicable state and federal laws.

Ga. Comp. R. & Regs. R. 391-5-13-.02

O.C.G.A. §§ 12-3-32, 12-3-5; Land and Water Conservation Fund Act of 1965, P.L. 88-578, as codified at 54 USC § 200305; Catalog of Federal Domestic Assistance Number: 15.916; 36 CFR Part 59 .

Original description entitled "Land and Water Conservation Fund (L&WCF)" submitted May 26, 1994.

Submitted: Dec. 23, 2003.

Submitted: Feb. 25, 2008.

Submitted: Sep. 27, 2013.

Submitted: Mar. 31, 2014.

Submitted: Sep. 24, 2015.

Submitted: May 24, 2015.

Submitted: May 19, 2017.

Submitted: May 3, 2022.