Land and Water Conservation Fund 2013 Grant Application and Guide
Transcript Of Land and Water Conservation Fund 2013 Grant Application and Guide
RECREATIONAL TRAILS PROGRAM GRANT APPLICATION AND GUIDE
2020
Oklahoma Tourism and Recreation Department Division of State Parks – Federal Grants Section
900 N. Stiles Avenue Oklahoma City, Oklahoma 73102
PREFACE
This guide will provide the Recreational Trails Program applicant (project sponsor) with the instructions and forms necessary to prepare and submit a complete application. Project sponsors must provide all requested information in this application and guide to be considered for funding; therefore, it is important to read all items carefully. A checklist is included in the Appendix to help ensure project sponsors have met all requirements.
Project sponsors must submit two (2) bound originals (NO 3 ring binders please) and a digital copy of the application and all supporting documents to:
Oklahoma Tourism & Recreation Department Division of State Parks – Federal Grants 900 N. Stiles Avenue Oklahoma City, OK 73104
Applications must be in our office by 4:00 P.M., the last business day of January.
The digital copy is provided to the Oklahoma Trails Advisory Board members for review and scoring, so be sure to provide all supporting documents. Thank you for your interest in the Recreational Trails Program. Please contact our office with any questions or for assistance with the application process.
Susan Henry, Grant Administrator
405-522-9521
[email protected]
Eve Atkinson, Planning Coordinator
405-522-9516
[email protected]
Rhonda Moore, Administrative Assistant/Reimbursements
405-522-9522
[email protected]
2
RECREATIONAL TRAILS PROGRAM
PROGRAM HISTORY AND SUMMARY
The Recreational Trails Program (RTP) is a state-administered, federal aid program managed through the Oklahoma Tourism and Recreation Department (OTRD) and the Federal Highway Administration (FHWA) in consultation with the Department of the Interior. The program began as part of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and is now included in Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94).
REIMBURSABLE GRANT The Recreational Trails Program is a reimbursable grant, meaning the project sponsor must pay all project costs as they are incurred. Sponsors then may request reimbursement for 80% of eligible expenses up to the amount approved for the project. All costs must be incurred and paid by the project sponsor during the project period as identified in the approved Project Agreement.
Any project expenses incurred or paid by the sponsor before or after the project period will not be eligible for reimbursement or project match.
TRAILS ADVISORY BOARD
In order to be eligible for funding through the Recreational Trails Program, each State must have a Recreational Trails Advisory Board. This Board must represent both motorized and non-motorized trail users. The Oklahoma Trails Advisory Board (OTAB) has nine members, seven of whom represent various types of trail use statewide, and two at-large members.
3
PROGRAM FUNDING LIMITATIONS
The federal act outlines a formula for state grant spending: 30% of the funds are reserved for uses related to motorized trail recreation, 30% are for uses related to non-motorized trail recreation, and the remaining 40% is discretionary for “diversified” trail use that gives preference to project proposals which 1) provide for the greatest number of compatible recreational trail purposes, or 2) provide for innovative recreational trail corridor sharing to accommodate motorized and non-motorized recreational trail use.
PROJECT FUNDING LIMITATIONS
The Recreational Trails Program limits the amount granted for any individual project in one application period to a maximum grant amount set at the beginning of each funding cycle. This year the maximum grant amount is $240,000.00 (with at least a $60,000.00 match) for total project cost of $300,000.00.
Applicants may submit a maximum of four (4) motorized and four (4) nonmotorized projects for a total maximum of eight (8) projects. However, the total amount granted for each project sponsor may not exceed the cap of $240,000.00.
* Due to previous lack of motorized project applications, the funding cap is currently removed for qualified motorized projects.*
A project sponsor should not submit multiple phases for the same park in the same funding cycle.
When a sponsor wishes to submit an application for projects located at more than one site, a separate application should be submitted for each project site. The exception to this rule will be a single application for trail work of a similar nature on a system of trails in one jurisdiction. (Example: A city proposing drainage improvements to all trails in its area even though the trails are not connected and are at various locations around the city.)
4
ELIGIBLE TRAILS PROJECTS
The intent of the RTP is for funds to be used on recreational trails and trail-related projects. Permissible uses include trail maintenance and restoration, land acquisition, construction of new trails, trail accessibility for persons with disabilities, and development of trailhead and trailside facilities.
The following are examples of eligible project costs:
- Materials required for trail work - Equipment purchase or rental for development and maintenance of trails - Direct labor costs or service contracts - Directional, regulatory and interpretive signage - Trail grading, surfacing and drainage - Crossing structures, bridges, railings and ramps - Bank stabilization and retaining structures - Trail corridor revegetation and erosion control - Functional trail lighting - Trailhead development (parking, restrooms and related facilities) - Trailside amenities (benches, lighting, fencing, exercise equipment) - Trail maintenance and rehabilitation - Acquisition of land or permanent easements essential to trail access - Essential, site-specific engineering or professional design - Required natural and cultural resource permits, surveys or clearances
NON-ELIGIBLE TRAILS PROJECTS
The following are examples of projects NOT eligible to receive RTP funding:
- Facilities that primarily provide access to commerce areas (golf cart trails, sidewalks, etc.) - Trail feasibility studies - Planning that is not part of a concurrent trail construction project - Paths or sidewalks adjacent to public roads - Facilities which are ornamental or have no direct benefit to trail users - Application preparation, site design or any other pre-application costs - condemnation of any kind of interest in property - Routine law enforcement
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PROJECT SPONSOR COMMITMENT AND RESPONSIBILITY
ELIGIBLE APPLICANTS
Only one entity will be considered the sponsor of any proposal. Even though projects are encouraged to be undertaken as partnerships, the sponsor for the project will be the one who signs the project application, not the partner who may be the land manager. The project sponsor is the responsible party who will account for the costs incurred and receive reimbursements. If the landowner is different from the sponsor, the application must include documentation of the owner’s willingness to allow the trail. Applications from governmental agencies must include documented approval of the current director or chief officer.
Applications for trails projects will be accepted from:
- City and county governments - State agencies - Other governmental bodies created under state law (river
authorities, planning districts, etc.) - Federal land managers (U.S. Forest Service, Corps of Engineers, etc.) - Private 501(c)(3) organizations (trail user groups, conservation clubs, etc.): Must have letter of tax exemption from IRS
PROGRAM COMPLIANCE
All federal laws apply. Projects approved to receive federal funds must meet federal contract compliance requirements. Generally, these requirements include:
1. Equal Opportunity Clause (41 CFR 60-1.4) 2. Non-segregated Facilities Statement (41 CFR 60-1.8) 3. Notice of Requirement for Affirmative Action (41 CFR 60-4.2) 4. Standard Federal Equal Employment Opportunity Specifications (41 CFR 60-3) 5. Any contract work that is $50,000 or over must be put out to bid.
(Public law 100-463 H.R. 4781)
6. Facility designs must be in accordance with the Architectural Barriers Act of 1968
(Public Law 90-480 as amended 42 USC 4151 et seq), and the Americans with Disabilities Act (ADA) (Public Law 101-336, 1990) (Amended by PL110325, 2008).
7. Civil Rights Assurance of Compliance 8. Compliance Report Title VI Civil Rights Act of 1964 (Form 424D) 9. Assurances Construction Programs 10. Debarment and Suspension Agreements (Forms DI-1953, DI-1954) 11. Accessibility (49 CFR – 27) implementing Section 504 of Rehabilitation Act (29 USC 794) 12. Buy America
6
PROJECT EXECUTION
The Project Agreement is the grant contract between the OTRD and sponsor, setting forth the approved work, allowable costs, and the sponsor’s commitment to follow required procedures. Evidence of land ownership or easement necessary for the project must be shown within 60 days of notice of the grant award.
The project sponsor must initiate project development within one year of the effective date of the state project agreement and complete the project within two years of the effective date.
Any project extensions must be specifically approved by OTRD. If project sponsors believe an extension will be necessary, they must notify this office in writing at least 30 days before the project time period has lapsed. They must state the reason(s) why the project will not be completed according to the project agreement and request a time extension.
PROGRESS REPORTS
Every project sponsor is required to submit a progress report to this office at least once every four months. The report should state the current status of the project, whether or not the project is on schedule, and an explanation of any problems that might delay the project’s completion.
Any changes regarding the project’s primary contact information (such as change in personnel, phone numbers, email addresses, mailing address, etc.) should be reported to this office as soon as they occur.
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PROJECT RESEARCH AND PLANNING
PUBLIC PARTICIPATION
Project sponsors are required to hold a public meeting to obtain input from the interested and affected public on the need and planning of each proposed project. The public hearing must be held prior to submitting the application to this office. A public notice about the meeting must appear in a local newspaper or local distribution at least 7 days prior to the date of the meeting.
Applications must include a description of this process as well as the minutes and attendance records of the meeting. Proof of publication of the notice and other methods of invitation to the public to participate in the public hearing are also required.
CONTRACT BIDS
Any contract work on this project that is $50,000 or over must be put out to bid. Those bidding on the project must be aware that federal money is being used in the project as well as the percentage. Before funds are reimbursed, the project sponsor must provide a copy of the bid advertisement, a list of bidders with bid amounts, and a signed copy of the awarded contract.
DESIGN STANDARDS
All new and altered buildings and facilities proposed in the project are subject to the accessibility requirements contained in the ADA Accessibility Guidelines for Buildings and Facilities. All trailhead and trailside facilities, such as restrooms, parking, bridges, shelters, campsites and benches must be accessible. Any facility intended for use by pedestrians should be accessible to people using wheelchairs, whether manual or motorized. Projects in developed areas should place particular emphasis on accessibility.
Project plans and specifications must be certified to ensure compliance with all applicable building codes and ADA accessibility guidelines. City building inspectors and engineers should be familiar with these codes. Specific guidelines for accessible trails are available through this office and at www.access-board.gov.
If unusual circumstances exist, sponsors will need to justify why it is not feasible to make the trails facility fully accessible.
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PLANS AND SPECIFICATIONS
Plans and specifications for the project should be in accord with established engineering and architectural practices. Emphasis should be given to the health and safety of the users, accessibility to the general public, and the protection of the recreational and natural values of the area.
After a proposed project has been approved for funding, the project sponsor will be required to sign a form (to be provided), certifying acceptable practice and code compliance.
PRELIMINARY CONSTRUCTION FLOOR PLANS
For projects that include enclosed buildings such as restrooms or storage buildings, the Project Sponsor must submit a preliminary floor plan for each building being constructed indicating the intended use of each room or area. Accurate dimensions must be shown, including door openings, stall openings and the size of exterior slab or foundation. All spaces and the entry to the building must meet accessibility requirements.
Flood Plain
If the project area is in a flood plain as designated by HUD, the Project Sponsor will be required to obtain flood insurance. A written assurance to purchase flood insurance to cover all walled or roofed structures being constructed must be included with the application. If the project area is not in a flood plain, the Project Sponsor must include a written statement to that effect.
COST ESTIMATE
A cost estimate should be drafted to determine the estimated costs and to assess the sponsor’s resources to complete the project. In addition to actual co n s t r u c t i o n costs, the budget should take into account expenses for items such as site clearing and preparation, accessibility, and signage. The sponsor should also make sure that costs reflect at least a one year inflation rate.
A cost estimate is required in every project application. It must follow the format of the example included in the Appendix.
SIGNAGE
In order to encourage and support the RTP, sponsors must install a sign at the project site that designates the project as a product of the Recreational Trails Program. This sign may be attached to existing park or facility signs at the project site or included on signs to be constructed as part of the project. The sign should include “Recreational Trails Program” and be included in the budget for the project.
9 Sign specifications are provided in the Appendix.
ACQUISITION POLICIES AND PROCEDURES
MEANS OF ACQUISITION
Acquisition of land or interests therein (easements, leases, or other legal interests) may be accomplished through purchase, transfer, donation, or a combination of these methods. When the acquisition is proposed by donation, the nature of any restriction on the use of the area or condition of donation will be examined to ensure that it is compatible with the purpose of the project. Only the appraised value of land donations from private landowners may qualify as a match for all or a portion of the local matching share.
PROPERTY SUBJECT TO CONTINUING USE PROVISION, SECTION 6(F)(3)
The RTP allows states to decide if they wish to apply Section 6(f) (3) of the Land and Water Conservation Fund Act. Oklahoma has chosen to apply this provision only to the acquisition of fee simple property, but reserves the right to apply in certain other cases where it may be necessary. This provision ensures that once an area is protected by 6(f) (3), it will be continually maintained in public recreation use unless property of reasonable equivalent usefulness and location at equal fair market value is substituted.
ACQUISITION OF LESS THAN FEE SIMPLE PROPERTY
The RTP requires that easements be pursued as a priority; acquisition of fee simple title may occur when an easement is not feasible. Sponsors requesting funds for trails on private property are required to have an acceptable formal, written agreement, giving the public access to the trail for a minimum of twentyfive (25) years. Property with less than fee simple interest (usually easement, lease, or license) will only be eligible for fund support if it meets all of the following requirements:
1. Sponsor has (or will have) legal control of the surface rights that are relevant to trail use, and any rights retained by the owner are not incompatible with trail use; and 2. The term of the easement, lease, or license may not be less than twenty-five (25) years; and 3. The easement, lease, or license cannot be revocable at will by the grantor.
10
2020
Oklahoma Tourism and Recreation Department Division of State Parks – Federal Grants Section
900 N. Stiles Avenue Oklahoma City, Oklahoma 73102
PREFACE
This guide will provide the Recreational Trails Program applicant (project sponsor) with the instructions and forms necessary to prepare and submit a complete application. Project sponsors must provide all requested information in this application and guide to be considered for funding; therefore, it is important to read all items carefully. A checklist is included in the Appendix to help ensure project sponsors have met all requirements.
Project sponsors must submit two (2) bound originals (NO 3 ring binders please) and a digital copy of the application and all supporting documents to:
Oklahoma Tourism & Recreation Department Division of State Parks – Federal Grants 900 N. Stiles Avenue Oklahoma City, OK 73104
Applications must be in our office by 4:00 P.M., the last business day of January.
The digital copy is provided to the Oklahoma Trails Advisory Board members for review and scoring, so be sure to provide all supporting documents. Thank you for your interest in the Recreational Trails Program. Please contact our office with any questions or for assistance with the application process.
Susan Henry, Grant Administrator
405-522-9521
[email protected]
Eve Atkinson, Planning Coordinator
405-522-9516
[email protected]
Rhonda Moore, Administrative Assistant/Reimbursements
405-522-9522
[email protected]
2
RECREATIONAL TRAILS PROGRAM
PROGRAM HISTORY AND SUMMARY
The Recreational Trails Program (RTP) is a state-administered, federal aid program managed through the Oklahoma Tourism and Recreation Department (OTRD) and the Federal Highway Administration (FHWA) in consultation with the Department of the Interior. The program began as part of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and is now included in Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94).
REIMBURSABLE GRANT The Recreational Trails Program is a reimbursable grant, meaning the project sponsor must pay all project costs as they are incurred. Sponsors then may request reimbursement for 80% of eligible expenses up to the amount approved for the project. All costs must be incurred and paid by the project sponsor during the project period as identified in the approved Project Agreement.
Any project expenses incurred or paid by the sponsor before or after the project period will not be eligible for reimbursement or project match.
TRAILS ADVISORY BOARD
In order to be eligible for funding through the Recreational Trails Program, each State must have a Recreational Trails Advisory Board. This Board must represent both motorized and non-motorized trail users. The Oklahoma Trails Advisory Board (OTAB) has nine members, seven of whom represent various types of trail use statewide, and two at-large members.
3
PROGRAM FUNDING LIMITATIONS
The federal act outlines a formula for state grant spending: 30% of the funds are reserved for uses related to motorized trail recreation, 30% are for uses related to non-motorized trail recreation, and the remaining 40% is discretionary for “diversified” trail use that gives preference to project proposals which 1) provide for the greatest number of compatible recreational trail purposes, or 2) provide for innovative recreational trail corridor sharing to accommodate motorized and non-motorized recreational trail use.
PROJECT FUNDING LIMITATIONS
The Recreational Trails Program limits the amount granted for any individual project in one application period to a maximum grant amount set at the beginning of each funding cycle. This year the maximum grant amount is $240,000.00 (with at least a $60,000.00 match) for total project cost of $300,000.00.
Applicants may submit a maximum of four (4) motorized and four (4) nonmotorized projects for a total maximum of eight (8) projects. However, the total amount granted for each project sponsor may not exceed the cap of $240,000.00.
* Due to previous lack of motorized project applications, the funding cap is currently removed for qualified motorized projects.*
A project sponsor should not submit multiple phases for the same park in the same funding cycle.
When a sponsor wishes to submit an application for projects located at more than one site, a separate application should be submitted for each project site. The exception to this rule will be a single application for trail work of a similar nature on a system of trails in one jurisdiction. (Example: A city proposing drainage improvements to all trails in its area even though the trails are not connected and are at various locations around the city.)
4
ELIGIBLE TRAILS PROJECTS
The intent of the RTP is for funds to be used on recreational trails and trail-related projects. Permissible uses include trail maintenance and restoration, land acquisition, construction of new trails, trail accessibility for persons with disabilities, and development of trailhead and trailside facilities.
The following are examples of eligible project costs:
- Materials required for trail work - Equipment purchase or rental for development and maintenance of trails - Direct labor costs or service contracts - Directional, regulatory and interpretive signage - Trail grading, surfacing and drainage - Crossing structures, bridges, railings and ramps - Bank stabilization and retaining structures - Trail corridor revegetation and erosion control - Functional trail lighting - Trailhead development (parking, restrooms and related facilities) - Trailside amenities (benches, lighting, fencing, exercise equipment) - Trail maintenance and rehabilitation - Acquisition of land or permanent easements essential to trail access - Essential, site-specific engineering or professional design - Required natural and cultural resource permits, surveys or clearances
NON-ELIGIBLE TRAILS PROJECTS
The following are examples of projects NOT eligible to receive RTP funding:
- Facilities that primarily provide access to commerce areas (golf cart trails, sidewalks, etc.) - Trail feasibility studies - Planning that is not part of a concurrent trail construction project - Paths or sidewalks adjacent to public roads - Facilities which are ornamental or have no direct benefit to trail users - Application preparation, site design or any other pre-application costs - condemnation of any kind of interest in property - Routine law enforcement
5
PROJECT SPONSOR COMMITMENT AND RESPONSIBILITY
ELIGIBLE APPLICANTS
Only one entity will be considered the sponsor of any proposal. Even though projects are encouraged to be undertaken as partnerships, the sponsor for the project will be the one who signs the project application, not the partner who may be the land manager. The project sponsor is the responsible party who will account for the costs incurred and receive reimbursements. If the landowner is different from the sponsor, the application must include documentation of the owner’s willingness to allow the trail. Applications from governmental agencies must include documented approval of the current director or chief officer.
Applications for trails projects will be accepted from:
- City and county governments - State agencies - Other governmental bodies created under state law (river
authorities, planning districts, etc.) - Federal land managers (U.S. Forest Service, Corps of Engineers, etc.) - Private 501(c)(3) organizations (trail user groups, conservation clubs, etc.): Must have letter of tax exemption from IRS
PROGRAM COMPLIANCE
All federal laws apply. Projects approved to receive federal funds must meet federal contract compliance requirements. Generally, these requirements include:
1. Equal Opportunity Clause (41 CFR 60-1.4) 2. Non-segregated Facilities Statement (41 CFR 60-1.8) 3. Notice of Requirement for Affirmative Action (41 CFR 60-4.2) 4. Standard Federal Equal Employment Opportunity Specifications (41 CFR 60-3) 5. Any contract work that is $50,000 or over must be put out to bid.
(Public law 100-463 H.R. 4781)
6. Facility designs must be in accordance with the Architectural Barriers Act of 1968
(Public Law 90-480 as amended 42 USC 4151 et seq), and the Americans with Disabilities Act (ADA) (Public Law 101-336, 1990) (Amended by PL110325, 2008).
7. Civil Rights Assurance of Compliance 8. Compliance Report Title VI Civil Rights Act of 1964 (Form 424D) 9. Assurances Construction Programs 10. Debarment and Suspension Agreements (Forms DI-1953, DI-1954) 11. Accessibility (49 CFR – 27) implementing Section 504 of Rehabilitation Act (29 USC 794) 12. Buy America
6
PROJECT EXECUTION
The Project Agreement is the grant contract between the OTRD and sponsor, setting forth the approved work, allowable costs, and the sponsor’s commitment to follow required procedures. Evidence of land ownership or easement necessary for the project must be shown within 60 days of notice of the grant award.
The project sponsor must initiate project development within one year of the effective date of the state project agreement and complete the project within two years of the effective date.
Any project extensions must be specifically approved by OTRD. If project sponsors believe an extension will be necessary, they must notify this office in writing at least 30 days before the project time period has lapsed. They must state the reason(s) why the project will not be completed according to the project agreement and request a time extension.
PROGRESS REPORTS
Every project sponsor is required to submit a progress report to this office at least once every four months. The report should state the current status of the project, whether or not the project is on schedule, and an explanation of any problems that might delay the project’s completion.
Any changes regarding the project’s primary contact information (such as change in personnel, phone numbers, email addresses, mailing address, etc.) should be reported to this office as soon as they occur.
7
PROJECT RESEARCH AND PLANNING
PUBLIC PARTICIPATION
Project sponsors are required to hold a public meeting to obtain input from the interested and affected public on the need and planning of each proposed project. The public hearing must be held prior to submitting the application to this office. A public notice about the meeting must appear in a local newspaper or local distribution at least 7 days prior to the date of the meeting.
Applications must include a description of this process as well as the minutes and attendance records of the meeting. Proof of publication of the notice and other methods of invitation to the public to participate in the public hearing are also required.
CONTRACT BIDS
Any contract work on this project that is $50,000 or over must be put out to bid. Those bidding on the project must be aware that federal money is being used in the project as well as the percentage. Before funds are reimbursed, the project sponsor must provide a copy of the bid advertisement, a list of bidders with bid amounts, and a signed copy of the awarded contract.
DESIGN STANDARDS
All new and altered buildings and facilities proposed in the project are subject to the accessibility requirements contained in the ADA Accessibility Guidelines for Buildings and Facilities. All trailhead and trailside facilities, such as restrooms, parking, bridges, shelters, campsites and benches must be accessible. Any facility intended for use by pedestrians should be accessible to people using wheelchairs, whether manual or motorized. Projects in developed areas should place particular emphasis on accessibility.
Project plans and specifications must be certified to ensure compliance with all applicable building codes and ADA accessibility guidelines. City building inspectors and engineers should be familiar with these codes. Specific guidelines for accessible trails are available through this office and at www.access-board.gov.
If unusual circumstances exist, sponsors will need to justify why it is not feasible to make the trails facility fully accessible.
8
PLANS AND SPECIFICATIONS
Plans and specifications for the project should be in accord with established engineering and architectural practices. Emphasis should be given to the health and safety of the users, accessibility to the general public, and the protection of the recreational and natural values of the area.
After a proposed project has been approved for funding, the project sponsor will be required to sign a form (to be provided), certifying acceptable practice and code compliance.
PRELIMINARY CONSTRUCTION FLOOR PLANS
For projects that include enclosed buildings such as restrooms or storage buildings, the Project Sponsor must submit a preliminary floor plan for each building being constructed indicating the intended use of each room or area. Accurate dimensions must be shown, including door openings, stall openings and the size of exterior slab or foundation. All spaces and the entry to the building must meet accessibility requirements.
Flood Plain
If the project area is in a flood plain as designated by HUD, the Project Sponsor will be required to obtain flood insurance. A written assurance to purchase flood insurance to cover all walled or roofed structures being constructed must be included with the application. If the project area is not in a flood plain, the Project Sponsor must include a written statement to that effect.
COST ESTIMATE
A cost estimate should be drafted to determine the estimated costs and to assess the sponsor’s resources to complete the project. In addition to actual co n s t r u c t i o n costs, the budget should take into account expenses for items such as site clearing and preparation, accessibility, and signage. The sponsor should also make sure that costs reflect at least a one year inflation rate.
A cost estimate is required in every project application. It must follow the format of the example included in the Appendix.
SIGNAGE
In order to encourage and support the RTP, sponsors must install a sign at the project site that designates the project as a product of the Recreational Trails Program. This sign may be attached to existing park or facility signs at the project site or included on signs to be constructed as part of the project. The sign should include “Recreational Trails Program” and be included in the budget for the project.
9 Sign specifications are provided in the Appendix.
ACQUISITION POLICIES AND PROCEDURES
MEANS OF ACQUISITION
Acquisition of land or interests therein (easements, leases, or other legal interests) may be accomplished through purchase, transfer, donation, or a combination of these methods. When the acquisition is proposed by donation, the nature of any restriction on the use of the area or condition of donation will be examined to ensure that it is compatible with the purpose of the project. Only the appraised value of land donations from private landowners may qualify as a match for all or a portion of the local matching share.
PROPERTY SUBJECT TO CONTINUING USE PROVISION, SECTION 6(F)(3)
The RTP allows states to decide if they wish to apply Section 6(f) (3) of the Land and Water Conservation Fund Act. Oklahoma has chosen to apply this provision only to the acquisition of fee simple property, but reserves the right to apply in certain other cases where it may be necessary. This provision ensures that once an area is protected by 6(f) (3), it will be continually maintained in public recreation use unless property of reasonable equivalent usefulness and location at equal fair market value is substituted.
ACQUISITION OF LESS THAN FEE SIMPLE PROPERTY
The RTP requires that easements be pursued as a priority; acquisition of fee simple title may occur when an easement is not feasible. Sponsors requesting funds for trails on private property are required to have an acceptable formal, written agreement, giving the public access to the trail for a minimum of twentyfive (25) years. Property with less than fee simple interest (usually easement, lease, or license) will only be eligible for fund support if it meets all of the following requirements:
1. Sponsor has (or will have) legal control of the surface rights that are relevant to trail use, and any rights retained by the owner are not incompatible with trail use; and 2. The term of the easement, lease, or license may not be less than twenty-five (25) years; and 3. The easement, lease, or license cannot be revocable at will by the grantor.
10