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Grant Recipient (Sponsor) Obligations & Future LWCF Site Compliance

Legal Protection for Grant-Assisted Recreation Sites

Post-completion compliance responsibilities apply to each area or facility for which Land and Water Conservation Fund assistance is obtained, regardless of the extent of program participation in the assisted area or facility and consistent with the contractual agreement between the National Park Service and the State, and the DNR and the local government.

Land & Water Conservation Fund Act of 1965 (Public Law 88-578, 78 Stat 897)

Section 6(f)(3) “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 conversion only if he 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.”

Section 6(f)(3) of the LWCF Act above contains strong provisions to protect Federal investments and the quality of assisted resources. Conversion of the assisted property to non-outdoor recreation purposes is prohibited. The law discourages casual "discards" of park and recreation facilities by ensuring taxpayers that investments in the "national recreation estate" will be
Text Box: What is the 6(f)(3) compliance boundary for your site? It is the boundary determined at the close of the last LWCF grant received. It must reflect an area that is a viable public recreation area capable of being self-sustaining. In most cases this means the compliance boundary is the entire park or recreation area where the project is located.

protected. The protection is also comprehensive – even a relatively small grant (e.g., for development of a picnic shelter) in most cases confers coverage to the larger park.

For future compliance purposes, at the time of the grant award an official property compliance boundary, referred to as the 6f boundary, is determined.

  • it ensures that both the grantee and the administering agency agree on the proper boundaries of the covered site at the time of project approval;
  • it provides location, size indicators and a picture of key facilities and landmarks to help later project inspectors better identify and evaluate the site.

While the law is firm, it does include some flexibility. It recognizes that changes in land use or in the public’s recreation preferences may render the recreational value of some LWCF-assisted parks obsolete, especially in urban areas experiencing rapid change. When a local government can justify through an analysis of other alternatives that this is the case, a detailed process exists for requesting the change to obtain DNR and NPS review and approval.

The major areas of sponsor responsibility include:

  • Property Management - Property within the 6f compliance boundary must be managed for public outdoor recreation purposes in perpetuity.


  • Control and Oversight - The sponsor needs to maintain absolute control and oversight of all facets of the protected LWCF property, including any leases executed for the operation or development of outdoor recreation facilities. This is essential to being able to satisfy LWCF compliance responsibilities. All leases must be reviewed for meeting LWCF standards prior to execution and on file with the DNR.


  • Operating and Maintenance - Property acquired or designated for recreation through the program must be maintained to appear attractive and inviting to the public. Any sanitation and sanitary facilities shall be maintained in accordance with State Health standards and the property must be kept reasonably safe for public use.


  • Availability to the General Public for Use - The facility shall be kept open for public use at reasonable hours and times of the year according to the type of area or facility.

    Discrimination on the basis of race, disability, color, national origin, religion, sex or age is prohibited. Discrimination on the basis of residence, including preferential reservation, membership or annual permit systems is prohibited except when reasonable differences in admission and other fees are maintained. The DNR parks and other recreation areas fee structure does meet the LWCF requirement that non-resident fees may not exceed 1.5 times resident fees.


  • Disabled Accessibility - According to Section 504 of the Rehabilitation Act of 1973, the sponsor must implement compliance procedures to ensure that their programs, facilities and employment practices are not discriminatory to people with disabilities. Facilities must be designed to comply with the “Minimum Guidelines and Requirements for Accessibility Design” (CFR Part 1 1190).


  • Utility Lines - LWCF sponsors will take all reasonable steps to bury, screen or relocate existing overhead lines on the project site and will place all new electric wires under 15KV and telephone wire underground.


  • Signing - Sponsors must maintain on the project site or facility in a prominent location (park entrance or at the facility location), a Land and Water Conservation Fund acknowledgement sign.
Last Revised: Wednesday February 13 2008