RES 79056 - Laserfiche WebLink

LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT Definitions A. The term "HCRS' as used herein means the Heritage Conservation and Recreation Service, United States Department of the Interior. 8. The term "Director" as used herein means the Director of the Heritage Conservation and Recreation Service, or any representative lawfully de{egated the authority to act for such Director. C. The term "Liaison Officer" as used herein means the California Director of Parks and Recreation, ~r other State officer as designated by the Governor from time to time and authorized by the State Legislature. O. The term "Manual" as used herein means the Heritage Conservation and Recreation Service Manual, formerly the Bureau of Outdoor Recreation Manual (Outdoor Recreation Grants-in-Aid Manual). E. The term "Project" as used herein means the project or project segment which is the subject of this agreement as defined in the Project Proposal. F. The term "Project Proposal" as used herein means the form and all supplemental attachments used to describe and estimate the cost of a planning, acquisition, or development project filed with the Liaison Officer in support of an application for federal financial assistance. G. The term "State" as used herein means the State of California, and/or its official representative, the Department of Parks and Recreation. H. The term "Participant" as used herein means the recipient of the federal funds to be disbursed in accordance with the terms of this agreement. The term "State Funds" as used herein means those moneys made available by the State as matching money for pro- jects under the Land and Water Conservation Fund Act of 1965, 78 Star. 897 {1964). Continuing Assurances The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistance project creates an obligation to maintain the property described in the proiect agreement consistent with the Land and Water Con- servelion Fund Act and the following requirements. Further, it is the acknowledged intent of the parties heralD that recipients of assistance will use moneys granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the State cost-share, in a participant's outdoor recreation. It is intended by both parties heralD that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A. The participant agrees. as recipient of this assistance, that it will meet the following specific requirements and the terms of the project agreement. 8. The participant agrees that the property described in the project agreement and the dated project boundary map made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance or is integral to such acquisition or development, and that, without the approval of the Liaison Officer, the Director, and/or the Secretary of the Interior, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewlde 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. This replacement land becomes subject to Section 6{f)(3) protection. The approval of conversion shall be at the sole discretion of the Secretary. or his designee. Prior to the completion of this project, the participant, the Liaison Officer, and the Director may mutually alter the area described in the project agreement and the dated project boundarY map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded Section 6(f)(3) protection as Fund reimbursement is provided. In the event the HCRS provides Land and Water Conservation Fund assistance for the acquisition and/or development of property subject to reversionary interests with full knowledge of those reversionary interests, conversion of said property to other public outdoor recreation uses as a result of such reversionary interest being exercised is approved. In receipt of this approval, the participant agrees to notify the State of the conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions. The participant further agrees to effectuate such replacement within a reasonable period of time, acceptable to the State, after the conversion of property takes place. The provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed t9 by the State; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the State. 2