PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 61. DESIGN AND CONSTRUCTION
SUBCHAPTER E. GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROGRAM
The Texas Parks and Wildlife Commission adopts the repeal of §61.132, amendments to §§61.133 - 61.136, and new §§61.132, 61.138, and 61.139, concerning Guidelines for Administration of Texas Local Parks, Recreation, and Open Space Fund Program. New §61.132 and the amendments to §61.133 and §61.134 are adopted with changes to the proposed text as published in the December 21, 2007, issue of the Texas Register (32 TexReg 9551). The repeal of §61.132; amendments to §61.135 and §61.136; and new §61.138 and §61.139 are adopted without changes to the proposed text and will not be republished.
The change to §61.132, concerning Texas Local Park Grants Programs Manual, updates the phone number of the program.
The change to §61.133, concerning Grants for Outdoor Recreation Programs, alters subsection (b)(1) and (2) to clarify the requirement that a master plan be formally adopted by the sponsor's governing entity. The change also alters those provisions so that consistent language is used in both paragraphs in describing the action required and clarifies that by "plan" the department means a complete plan.
The change to §61.133 also alters subsection (c)(7)(B) to clarify terminology. As proposed, clause (ii) refers to "sports and playfields." In response to public comment, the department has created two categories, "sports fields and courts," and "playgrounds" in order to provide clearer delineations of the various types of recreational infrastructure for which grant assistance is available. The change also offers clarifying examples for clauses (iii) and (viii) to give a better idea of what each category entails.
The change to §61.134, concerning Grants for Indoor Recreation Programs, alters subsection (b)(1) and (2) to clarify the requirement that a master plan be formally adopted by the sponsor's governing entity. Additionally, the change also alters those provisions so that consistent language is used in both paragraphs in describing the action required and clarifies that by "plan" the department means a complete plan.
The amendments to §§61.132 - 61.136 implement modifications to existing programs. New §61.138, concerning Outdoor Urban Park Grants Program, and §61.139, concerning Indoor Urban Park Grants Program, implement the requirements of House Bill 12 (HB 12), §39, which amended the Parks and Wildlife Code, Chapter 24, by adding new Subchapter B requiring the department to adopt rules and regulations for grant assistance to large county and municipality recreation and parks programs. The provisions of HB 12 authorize the department to make assistance grants and matching grants to large counties and municipalities, which are defined as "a county or municipality with a population of 500,000 or more." Additionally, HB 12 creates a special fund in the treasury and dedicates the fund to the award of the grants for large counties and municipalities.
In developing the amendments and new sections, the department held five hearings across the state, conducted an on-line survey, and hosted webcasts to solicit and encourage public comment. The amendments and new sections are consistent with the consensus of that public outreach effort.
The repeal of §61.132, concerning Texas Recreation and Parks Account Grants Manual, is necessary for the adoption by reference of an updated manual. The manual has been altered to be consistent with the changes adopted in this rulemaking.
New §61.132, concerning Texas Local Park Grants Programs Manual, adopts by reference the newest edition of the manual, which is now named the Texas Local Park Grants Programs Manual.
Current §§61.133 - 61.136 govern the process of application, review, and reward for four specific grants programs administered by the department. Section 61.133 governs grants for outdoor recreation programs; §61.134 governs grants for indoor recreation programs; §61.135 governs grants for community outreach outdoor programs; and §61.136 governs grants for small community grant programs. In general, the amendments and new sections implement identical or similar alterations to the grant process for each type of grant.
The amendment to §61.133, concerning Grants for Outdoor Recreation Programs, removes the program priority category for at-risk youth and redistributes the points from that category; creates a program priority category for the department's Land and Water Resources Conservation and Recreation Plan (Plan); alters the current scoring system by allowing for the award of priority points based on master planning and adjusts the remaining priority scoring weights accordingly; increases total point values for renovation while reducing point values for recreational elements vs. support elements; clarifies the types of recreation categories that may be addressed in the master plan; corrects a formula used to calculate priority points for elderly, minority, and low-income residents; creates a new definition of low-income status for purposes of determining service populations; replaces the current award criterion for "unique or significant natural resources" with an award criterion for "natural resources representative of the ecological characteristics of the region;" allows for scoring weight to be given to prospective acquisition, preservation, or management of projects based on acreage or quality; increases total points for acquisition projects; clarifies the award of priority points and increase the total available points for environmentally responsible activities; provides for reduction of points if the sponsor is not in compliance with current obligations with respect to existing awards; and provides for the automatic award of points for applications submitted by the deadlines established by the department.
Current §61.133(a) establishes a suite of priority criteria used by the department to evaluate and rank grant proposals for possible award. Subsection (a)(7) creates a priority criterion for low-income, minority, elderly, or at-risk youth populations. The amendment eliminates the at-risk youth component of the criterion. The intent of the current rule is to assist in the development of parks and facilities that benefit specific populations. The department's concern is that it is unable to corroborate continued program activity after the completion of projects for which funds have been awarded. Additionally, the department finds that a qualitative definition of "at-risk youth" is problematic.
The amendment to §61.133(a) adds a new priority criterion to enable the department to consider a proposal's consistency with the Texas Parks and Wildlife's Plan as part of the evaluation process. The Plan is the core guidance document that drives all of the department's efforts in conservation, management, and recreation.
The amendment to §61.133(b)(2) clarifies that master plans may cover multiple jurisdictions.
The amendment to §61.133(b)(3) eliminates the current two-year standard for supplying summaries of plan updates and replaces it with a five-year standard. The department has determined that most planning activities done by local communities are on a five- or ten-year cycle. The amendment is necessary to make compliance more synchronous with the planning process.
Under the current rules, the department scores applications on the basis of priority points awarded for various discrete criteria tied to specific recreational opportunities and services. Due to the increasing needs of local communities for financial assistance in providing recreational opportunity, current funding levels are insufficient to award requested grants to all applicants. In reviewing the overall process, the department has determined that an increased emphasis on local planning is necessary to provide for the most effective delivery of program benefits to the citizens of the state. The amendment to subsection (c)(7)(A) therefore adjusts the current structure of the program by creating "planning points" to encourage and reward sound local planning for addressing recreational needs. In order to achieve this reconfiguration, the amendment replaces the current methodology of awarding points for individual priority needs with a variable weighting system that considers the aggregate number of priority needs identified in the sponsor's application and that are consistent with the applicant's master plan.
Current §61.133(c)(7)(B) addresses the provision of diverse park and recreation opportunities and facilities. The current rule is broadly worded. The department has determined that greater detail is needed to assist applicants in more precisely defining the opportunities and facilities for which funding assistance is sought, which will in turn provide the department with a clearer understanding of the exact nature of each applicant's request. Therefore, the amendment identifies 11 specific types of activities or facilities that must be identified either in the applicant's master plan or by means of a documented public input process (if the applicant does not have a master plan).
Current §61.133(c)(7)(D) addresses the geographic distribution or innovative use of parks and recreation lands and facilities within the sponsor's jurisdiction. As discussed previously, the department seeks to encourage and reward sound local planning. Accordingly, the amendment allows for the award of priority points under the criterion only if a prospective project has been identified in either in the applicant's master plan or by means of a documented public input process (if the applicant does not have a master plan).
Current §61.133(c)(7)(D)(i) and (ii) provide equations for determining point awards based on percentages of specific populations served by prospective projects. In order to be mathematically correct, the value obtained by the equation must be divided by 100 to yield a value that is weighted correctly. The amendment makes that correction.
Current §61.133(c)(7)(F) uses the "USDA National School Lunch Program Income Eligibility Guidelines" federal poverty definition midpoint as the determinant of low-income status for the purpose of identifying a prospective project's primary constituency. The amendment replaces the current standard by defining low-income status as "meeting any federal standard of eligibility for low-income status."
Current §61.133(c)(7)(H) addresses the award of points for the proposed acquisition of land that contains "unique or significant" natural resources. The department has determined that the current standard may be confusing. The intent of the provision is to recognize prospective acquisitions that would preserve natural resource value for public enjoyment. The qualification of "unique or significant" is not meant in an absolute context, but rather to indicate that a prospective acquisition is relevant in terms of its natural resource value. Therefore, the amendment replaces the phrase "unique or significant" with the phrase "natural resources representative of the ecological characteristics of the region" in order to more accurately indicate the department's purpose. Additionally, current §61.133(c)(7)(H)(i) and (ii) identify potential points awards for the acquisition of wetlands or areas that are otherwise vulnerable or contain rare, threatened, or endangered species. The department has determined that it is necessary to qualify the current rule to allow for evaluation on the basis of acreage or quality of the prospective acquisition. The intent of the amendment as adopted is to provide for comparison of competing applications in order to rank them in terms of the overall conservation and recreation benefits offered. For example, a very small parcel of land might have a high specific conservation value with respect to specific features, but another project might preserve more natural resource value in general because of its size. The amendment is intended to acknowledge that such considerations will be factored into the process of awarding points.
Current §61.133(c)(7)(J) addresses the extent which a prospective project will promote environmentally responsible activities and development, such as native landscaping, energy efficiency, or recycling. Rather than award points based on each of the elements listed in an application, the department has determined that it is more effective to award points based on the overall ecological diversity, innovation, and cost of the prospective project. The amendment is intended to result in the evaluation of prospective projects on a qualitative rather than quantitative basis.
Current §61.133(c)(7)(K) addresses projects that provide significant linkages between existing parks or facilities. The amendment clarifies the department's intent to encourage ecologically friendly linkages, such as trails and green corridors, rather than physical infrastructure, and increases the potential total score by five points.
The department occasionally receives applications for project funding from sponsors that have not complied with the obligations of previous grant awards. In order to ensure that the public receives the highest return on the limited funds available, the amendment adds new subsection (c)(7)(N) to allow the department to deduct up to five points from the score of projects that are received from sponsors that are non-compliant with existing obligations.
The department establishes informal deadlines for receipt of applications. Occasionally, problems arise as a result of the receipt of applications that although received by the deadline or are incomplete and therefore cause the diversion of administrative effort to remedy. The department understands that many communities, particularly small communities, do not have the staff or the expertise to negotiate the process perfectly, so rather than create a standard that would eliminate or penalize deserving projects, the department chooses to allow up to five points to projects for which a complete application was received by the deadline. The provision is intended to provide an incentive for applicants to contact the department for assistance in advance of deadlines.
The amendment to §61.134, concerning Grants for Indoor Recreation Programs, implements most of the changes that were made to §61.133, and for the same reasons contained in the discussion of that section. The changes that the amendment to §61.134 shares with §61.133: remove award priority for at-risk youth and redistribute points to the remaining priority categories; allow a longer time period for submission of master plan updates and for the consideration of multi-jurisdictional plans; create a generic definition of low-income for purposes of determining service populations; create a program priority category for the department's Plan; alter the current scoring system by allowing for the award of priority points based on master planning and adjusting the remaining priority scoring weights accordingly; increase total point values for renovation while reducing point values for recreational elements (correct a formula used to calculate priority points for elderly, minority, and low-income residents); clarify the award of priority points and increase the total available points for environmentally responsible activities; provide for reduction of points if the sponsor is not in compliance with current obligations with respect to existing awards; and provide for the automatic award of points for applications submitted by the deadlines established by the department.
The amendment to §61.135, concerning Grants for Community Outdoor Outreach Programs, replaces the current standard for determining low-income status, requires greater detail from sponsors for prospective projects serving youth and physically/mentally challenged populations, clarifies the award of points for projects that encourage partnerships with organized groups, clarifies requirements for projects involving department facilities and programs, requires quantification of service populations for at-risk youth and educational projects, and implements a new category of program award to address projects that include outdoor service projects.
Current §61.135(b)(5)(A)(v) uses the "USDA National School Lunch Program Income Eligibility Guidelines" federal poverty definition midpoint as the determinant of low-income status for the purpose of identifying a prospective project's primary constituency. There are various federal definitions of low-income standards. The amendment replaces the current standard by defining low-income status as "meeting any federal standard of eligibility for low-income status."
Current §61.135(b)(5)(A)(i) and (ii) allow for the award of points for projects that identify physically/mentally challenged or youth populations as a project's primary constituency. The department seeks more detailed information from applicants in order to more carefully evaluate prospective project awards. Therefore, the amendment requires applicants to quantify the population to be served.
Current §61.135(b)(5)(B) requires the submission of signed agreements between the project sponsor and the proposed partnership group. The amendment as adopted eliminates that requirement and instead allows the submission of partnership letters from the partnering organization stating what the partners are providing and the value of the contribution. The amendment is necessary to establish the elements needed by the department to determine which proposals are more competitive than others in terms of overall value.
Current §61.135(b)(5)(F) addresses proposed projects that would involve department programs or facilities. Although the current rule provides for the award of one point per department facility used, department staff used, or department program provided, the department wishes to clarify that such facilities, personnel, and programs must be named, identified, or confirmed. The amendment accomplishes that goal.
Current §61.135(b)(5)(G) addresses projects specifically targeting at-risk youth. The amendment requires sponsors to provide more detail about the demographics of the client base the project would serve, as well as more detailed descriptions of the exact types of activities to be funded.
Current §61.135(b)(5)(I) addresses outdoor educational activities. The current rule requires applicants to submit a discussion of the curriculum to be employed in the project in order to receive points for potential award. The department has determined that it would be more helpful and productive to analyze and compare outdoor education projects on the basis of goals and objectives. Therefore, the amendment eliminates the requirement for a discussion of curriculum and replaces it with a requirement for discussion of goals and objectives with respect to outdoor recreation and environmental education programs delivered to a service population.
The amendment to §61.135 also creates new subsection (b)(5)(J), which creates a point category for outdoor service projects. The department has determined that many projects undertaken as service projects by groups such as the Boy Scouts are consonant with the department's mission and should be eligible for assistance. The new provision requires the applicant to identify a specific project related to the department's mission, how the project will address a specific need or needs, how youth will be involved in the project, and how the project's impact will be evaluated. The provision also requires the applicant to present a partnership letter from the beneficiary of the project.
The amendment to §61.136, concerning Grants for Small Community Grant Programs, eliminates a priority category for recreational diversity; removes the program priority category for at-risk youth and redistributes the points from that category; creates a program priority category for the department's Plan; increases the maximum population threshold for additional points that could be awarded to very small communities; removes the priority category for at-risk youth; requires documented public input for projects that would create recreational opportunity for the elderly; alters the scoring methodology for projects proposing to promote environmentally responsible activities; creates a program priority category for the department's Plan; provides for reduction of points if the sponsor is not in compliance with current obligations with respect to existing awards; and provides for the automatic award of points for complete applications.
The amendment to §61.136 eliminates current subsection (a)(3), which creates a priority category for projects that would increase recreational diversity. The department has determined that due to the small size of communities eligible for small community grants, all projects by default contribute to the diversity of recreation opportunity in such communities. Therefore, the current provision is unnecessary.
Current §61.136(a)(6) establishes a suite of priority criteria used by the department to evaluate and rank grant proposals for possible award. Subsection (a)(6) creates a priority criterion for low-income, minority, elderly, or at-risk youth populations. The amendment eliminates the at-risk youth component of the criterion. The intent of the current rule is to assist in the development of parks and facilities that benefit specific populations. The department's concern is that it is unable to corroborate continued program activity after the completion of projects for which funds have been awarded. Additionally, the department finds that a qualitative definition of "at-risk youth" is problematic.
The amendment to §61.136 adds a new priority criterion to enable the department to consider a proposal's consistency with the Plan as part of the evaluation process. The Plan is the core guidance document that drives all of the department's efforts in conservation, management, and recreation.
The amendment to §61.136 alters the maximum population requirements for eligibility for points under the provisions of subsection (b)(7), increasing it from 2,000 persons to 2,500 persons. This element of the small community grants program is intended to serve very small communities. The department has determined that a slight increase in the maximum population ceiling would allow the program to be accessible by more communities.
Current §61.136(b)(7)(D) uses the "USDA National School Lunch Program Income Eligibility Guidelines" federal poverty definition midpoint as the determinant of low-income status for the purpose of identifying a prospective project's primary constituency. There are various federal definitions of low-income standards. The amendment replaces the current standard by defining low-income status as "meeting any federal standard of eligibility for low-income status as median income or lower."
Current §61.136(c)(7)(H) addresses the extent which a prospective project will promote environmentally responsible activities and development, such as native landscaping, energy efficiency, and recycling. Rather than award points based on each of the elements listed in an application, the department has determined that it would be more effective to award points based on the overall ecological diversity, innovation, and cost of the prospective project. The amendment is intended to result in the evaluation of prospective projects on a qualitative rather than quantitative basis.
The department occasionally receives applications for project funding from sponsors that have not complied with the obligations of previous grant awards. In order to ensure that the public receives the highest return on the limited funds available, the amendment adds new subsection (b)(7)(I) to allow the department to deduct up to five points from the score of projects that are received from sponsors that are non-compliant with existing obligations.
The department establishes informal deadlines for receipt of applications. Occasionally, problems arise as a result of the receipt of applications that although received by the deadline, are incomplete and therefore cause the diversion of administrative effort to remedy. The department understands that many communities, particularly small communities, do not have the staff or the expertise to negotiate the process perfectly, so rather than create a standard that would eliminate or penalize deserving projects, the department chooses to allow up to five points to projects for which a complete application was received by the deadline.
New §61.138, concerning Outdoor Urban Park Grants Program, creates rules for conservation and recreation grant assistance for large counties and municipalities as authorized under HB 12, §39, which amended Parks and Wildlife Code, Chapter 24, by adding new Subchapter B, which requires the department make grants to large counties or municipalities to provide one-half of the costs of the planning, acquisition, or development of a park, recreational area or open space area to be owned and operated by the county or municipality. New Subchapter B also requires the department to make grants to large counties, municipalities, or non-profit corporations for recreation, conservation, or education programs for underserved populations to encourage and implement increased access to and use of parks, recreational areas, cultural resource sites or areas, and open space areas by underserved populations.
The department's existing grants programs are segmented in order to acknowledge two broadly different areas of recreational need: indoor and outdoor. Within each of those categories, the department identifies a suite of recreation need categories, which potential grantees use to create directed proposals requesting grant assistance for specific purposes. In implementing the legislative directives of HB 12, the department retains the segmentation model by creating Outdoor and Indoor grant application and scoring processes for large counties and municipalities. The department conducted extensive outreach activities to the six cities and seven counties that meet the statutory requirements for eligibility for grant assistance under the terms of HB 12. Those outreach and consultation activities serve as the basis of the department's identification of the priority needs represented in the scoring system set forth in the new section.
New §61.138(a) sets forth the purpose and priorities of the Outdoor Urban Park Grants Program, establishes the methodology for competitive selection, and stipulates that funding is contingent on the availability of funds. The Project Priority Scoring System established in the section is necessary because the department receives more applications for worthy projects than it can fund. Since not all projects can be funded, it is necessary to create a uniform scoring system for evaluating and ranking projects in order to award grant funding to the most deserving projects.
New §61.138(b) stipulates that a proposal will not be considered by the commission more than twice unless it has been altered to raise its score. The provision is necessary to encourage local communities to be innovative and proactive in planning and pursuing grant assistance and to enable the department and the commission to eliminate proposals that have not been deemed competitive after multiple considerations in essentially the same form.
New §61.138(c) sets forth requirements related to the sponsor's local master plan on file with the department. Minimum master plan standards must be met to qualify for priority points, but a master plan would not be required to apply for grant assistance. The provision requires a local master plan to be on file with the department at least 60 days prior to the submission of a grant application, which is necessary to give the department adequate time to analyze and if necessary, work with the prospective sponsor to edit the plan. The provision requires plans to be formally adopted or endorsed by the applicable governing body of the sponsor and be jurisdiction-wide in scope, which is necessary to ensure that plans are consistent with local authority and apply to the entirety of a jurisdiction or jurisdictions. Plans must also specifically identify the time period within which the goals and objectives are to be met, and are required to cover a 10-year period. Additionally, the provision stipulates that if a plan is more than five years old, a brief summary of plan accomplishments to date, as well as applicable updates of demographics, goals and objectives, standards, and maps must be provided to enable the department to recognize and credit program progress. Plans older than 10 years will be considered obsolete and new plans will be required. In general the provisions are necessary to encourage local communities to engage in sensible planning in order to enable the department to maximize the efficiency and benefit of the grants assistance program.
New §61.138(d) sets forth 13 broad categories and subsidiary elements of each that the department considers to be significant indicators of the worthiness of a project proposal. The categories are acquisition, development, restoration, trails/corridors/greenways, sports facilities, underserved populations, joint ventures/partnerships, master plan, threat, consistency with the department's Land and Water Conservation Plan, compliance, urban biologist consultation, and historical/cultural resources.
New §61.138(d)(1) sets forth the elements used to evaluate a proposal's merit with respect to the acquisition of land. The department will award points based on the extent to which a proposed project would satisfy criteria the department has determined are important to conservation and recreation in urban areas. Open space is critical for parks and recreation in the environment, serving as wildlife habitat, demonstration areas, aesthetic buffers, and places that the public can enjoy nature or outdoor-related recreation. In general, the department will award points to projects on the basis of the project's contemplation of acquisition of open space, trails and green corridors (including those that connect parkland), additions to existing parkland, recreation facilities related to natural resource enjoyment, and adaptive reuse of land, all within the context of utility and significance in the urban environment.
New §61.138(d)(2) sets forth the elements used to evaluate a proposal's merit with respect to the development of conservation and recreation opportunity. The department will award points based on the extent to which a proposed project would satisfy criteria the department has determined are important to conservation and recreation in urban areas. The acquisition of land for parks and recreation is important, but equally important is how land is developed for parks and recreation use. In general, the department will award points to projects on the basis of the project's contemplation, within the context of utility and significance in the urban environment, of neighborhood parks, nature centers, regional park and conservation areas, green construction, multi-purpose facilities, and outdoor aquatic recreation.
New §61.138(d)(3) sets forth the elements used to evaluate a proposal's merit with respect to the restoration of parks and recreation infrastructure that is no longer used for its intended or original purpose. Many urban areas in the state contain infrastructure that, while no longer usable for original purposes, are by virtue of location, size, or features valuable as parks and recreation assets. The department will award points based on the extent to which a proposed project would satisfy criteria the department has determined are important to conservation and recreation in urban areas. In general, the department will award points to projects on the basis of the project's contemplation, within the context of utility and significance in the urban environment, of neighborhood parks, nature centers, regional park and conservation areas, green construction, multi-purpose facilities, and outdoor aquatic recreation.
New §61.138(d)(4) sets forth the elements used to evaluate a proposal's merit with respect to the creation or enhancement of trails, corridors, and greenways. Since space is at a premium in urban areas, small-footprint projects such as a trail that connects parks or corridors and greenways can provide recreational opportunity while protecting watersheds, offering habitat for urban wildlife, or providing aesthetic buffers. The department will award points based on the extent to which a proposed project would satisfy criteria the department has determined are important to such considerations.
New §61.138(d)(5) sets forth the elements used to evaluate a proposal's merit with respect to the provision of sport facilities. The recreational needs of urban areas include outdoor recreation activities such as sports. With land at a premium, the creation or enhancement of ball fields and other outdoor facilities is important. The department will award points based on the extent to which a proposed project contemplates large facilities dedicated to outdoor sports.
New §61.138(d)(6) sets forth the elements used to evaluate a proposal's merit with respect to the benefits the project would afford to underserved populations, such as of low-income, minority, or elderly citizens. The department will award points based on the extent to which a proposed project would create or enhance recreational opportunities, on the basis of demographic analysis, and in the case of elderly, stated as an identified need in their master plan or through an alternative public input process in those urban areas where there are demonstrably few or insufficient recreational opportunities for underserved populations.
New §61.138(d)(7) sets forth the elements used to evaluate a proposal's merit with respect to joint ventures and partnerships. Many urban areas consist of multiple political jurisdictions that share goals and needs, and it is often more efficient for such entities to pool finances and administration to maximize the delivery of recreation to constituents. Similarly, there are many non-profit and advocacy groups with an interest in parks and recreation issues. Therefore, the department will award points based on the extent to which a project involves such multi-organizational cooperation. The provision allows all partners to be considered, not just those making financial commitments, and weights the award of points based on the number of cooperators involved. The provision also requires binding documentation of the nature of the degree of commitment by each cooperator in order to preserve project integrity, and excludes partnerships restricted to program provision, which is necessary because the purpose of the grant program is not to provide programs, but to provide facilities and space for outdoor recreation activities.
New §61.138(d)(8) articulates requirements related to master planning activities. The department has determined that the efficacy of the creation, delivery, and enhancement of outdoor recreational opportunity is positively correlated to effective planning on the part of local communities. To encourage good planning, the department will award points to projects whose sponsor has submitted a locally adopted and department-approved master plan, and to the extent that a proposed project is consistent with that plan.
New §61.138(d)(9) establishes criteria for awarding points to proposals on the basis of the immediate necessity of award in order to prevent the loss of recreational opportunity. Urban environments are characterized by highly fluid, time-sensitive real estate environments in which the window of opportunity to acquire land or property of conservation, park, or recreational value is momentary. To acknowledge this, the provision will award points based on the exigency of time.
New §61.138(d)(10) sets forth the elements used to evaluate a proposal's merit with respect to the project's value as a cultural or historical resource. Urban areas often contain sites or features of significant cultural or historical import that inform and reflect the character and identity of the area. The provision recognizes that such sites or features are appropriate for park or recreational use.
New §61.138(d)(11) awards points for a proposal's consistency with the department's Plan. The Plan is the core guidance document that drives all of the department's efforts in conservation, management, and recreation. The department believes that proposed projects that are consistent with or in furtherance of the Plan should receive credit for doing so.
New §61.138(d)(12) is an administrative provision that allows the department to penalize sponsors that are not in compliance with the obligations of existing grant agreements and to reward the punctual submission of project proposals. The department believes that sponsors who for whatever reason are in demonstrable noncompliance with the obligations of existing or previous agreements should receive a reduced level of consideration for subsequent proposals. As the administrator of the grants assistance program, the department is responsible for ensuring that the public is served in the most efficient and effective manner possible. Therefore, the provision allows for the deduction of five points for any proposal submitted by a sponsor that in the department's view is in noncompliance. Additionally, the department establishes informal deadlines for receipt of applications. Occasionally, problems arise as a result of the receipt of applications that although received by the deadline, are incomplete and therefore cause the diversion of administrative effort to remedy. The department understands that many communities do not have the staff or the expertise to negotiate the process perfectly, so rather than create a standard that would eliminate or penalize deserving projects, the department chooses to allow up to five points to projects for which a complete application was received by the deadline. The provision is intended to provide an incentive for applicants to contact the department for assistance in advance of deadlines.
New §61.138(d)(13) awards points for projects if the sponsor has consulted with and received an assessment from the department's urban biology program at least 30 days prior to the application deadline. The department's urban biology program was established to provide biological support and expertise to the public on the management and conservation of environmental resources in urban environments. The provision offers a limited point award in order to provide an incentive for sponsors to consider a project's consistency with the efforts of the urban biology program.
New §61.139, concerning Indoor Urban Park Grants Program, establishes scoring system priorities for proposed indoor projects that are much the same as those adopted for outdoor projects. The new section sets forth 10 broad categories, and subsidiary elements of each, that the department considers to be significant indicators of the worthiness of a project proposal. The categories are: development, restoration, underserved populations, joint ventures/partnerships, master plan, threat, consistency with the department's Land and Water Conservation Plan, compliance, urban biologist consultation, and historical/cultural resources.
New §61.139(a) sets forth the purpose and priorities of the Indoor Urban Park Grants Program, establishes the methodology for competitive selection, and stipulates that funding is contingent on the availability of funds. The Project Priority Scoring System established in the section is necessary because the department receives more applications for worthy projects than it can fund. Since not all projects can be funded, it is necessary to create a uniform scoring system for evaluating and ranking projects in order to award grant funding to the most deserving projects.
New §61.139(b) stipulates that a proposal will not be considered by the commission more than twice unless it has been altered to raise its score. The provision is necessary to encourage local communities to be innovative and proactive in planning and pursuing grant assistance and to enable the department and the commission to eliminate proposals that have not been deemed competitive after multiple considerations in essentially the same form.
New §61.139(c) sets forth requirements related to the sponsor's local master plan on file with the department. Minimum master plan standards must be met to qualify for priority points, but a master plan would not be required to apply for grant assistance. The new provision requires a local master plan to be on file with the department at least 60 days prior to the submission of a grant application, which is necessary to give the department adequate time to analyze and if necessary, work with the prospective sponsor to edit the plan. The provision requires that a plan be formally adopted or endorsed by official act of the applicable governing body of the sponsor, and that it be jurisdiction-wide in scope, which is necessary to ensure that the plan is consistent with local authority and applies to the entirety of a jurisdiction or jurisdictions. The plan must also specifically identify the time period within which the goals and objectives of the plan are to be carried out, and are required to cover a 10-year period. Additionally, the provision stipulates that if a plan is more than five years old, a brief summary of plan accomplishments to date, as well as applicable updates of demographics, goals and objectives, standards, and maps must be provided to enable the department to recognize and credit program progress. Plans older than 10 years will be considered obsolete and new plans will be required. In general the provisions are necessary to encourage local communities to engage in sensible planning in order to enable the department to maximize the efficiency and benefit of the grants assistance program.
New §61.139(d)(1) sets forth the elements used to evaluate a proposal's merit with respect to the development of recreation opportunity. The department will award points based on the extent to which a proposed project would satisfy criteria the department has determined are important to recreation in urban areas. In general, the department will award points to projects on the basis of the project's contemplation, within the context of utility and significance in the urban environment, of neighborhood parks, nature centers, regional parks, green construction, and multi-purpose facilities.
New §61.139(d)(2) sets forth the elements used to evaluate a proposal's merit with respect to the restoration of conservation and recreation infrastructure that is no longer used for its intended or original purpose. Many urban areas in the state contain infrastructure that, while no longer usable for the original purpose is, by virtue of location, size, or features, valuable as parks and recreation assets. The department will award points based on the extent to which a proposed project would satisfy criteria the department has determined are important to conservation and recreation in urban areas. In general, the department will award points to projects on the basis of the project's contemplation, within the context of utility and significance in the urban environment, of restoration and adaptive reuse of existing infrastructure. The provision would specifically prohibit grant assistance for basic maintenance, because the intent of the department is to assist in the restoration and enhancement of facilities, rather than maintenance.
New §61.139(d)(3) sets forth the elements used to evaluate a proposal's merit with respect to the benefits the project would afford to underserved populations, such as of low-income, minority, or elderly citizens. The department will award points based on the extent to which a proposed project would create or enhance recreational opportunities, on the basis of demographic analysis, in those urban areas where there are demonstrably few or insufficient recreational opportunities for underserved populations.
New §61.139(d)(4) sets forth the elements used to evaluate a proposal's merit with respect to joint ventures and partnerships. Many urban areas consist of multiple political jurisdictions that share goals and needs, and it is often more efficient for such entities to pool finances and administration to maximize the delivery of recreation to constituents. Similarly, there are many non-profit and advocacy groups with an interest in parks and recreation issues. Therefore, the department would award points based on the extent to which a project involves such multi-organizational cooperation. The provision allows the department to consider all partners, not just those making financial commitments, and weights the award of points based on the number of cooperators involved. The provision also requires binding documentation of the nature of the degree of commitment by each cooperator in order to preserve project integrity, and excludes partnerships restricted to program provision, which is necessary because the purpose of the grant program is not to provide programs, but to provide facilities and space for indoor recreation activities.
New §61.139(d)(5) articulates requirements related to master planning activities. The department has determined that the efficacy of the creation, delivery, and enhancement of indoor recreational opportunity is positively correlated to effective planning on the part of local communities. To encourage good planning, the department will award points to projects whose sponsor has submitted a locally adopted and department-approved master plan, and to the extent that a proposed project is consistent with that plan.
New §61.139(d)(6) establishes criteria for awarding points to proposals on the basis of the immediate necessity of award in order to prevent the loss of recreational opportunity. Urban environments are characterized by highly fluid, time-sensitive real estate environments in which the window of opportunity to acquire land or property of conservation, park, or recreational value is momentary. To acknowledge this, the provision allows the award of points based on the exigency of time.
New §61.139(d)(7) sets forth the elements used to evaluate a proposal's merit with respect to the project's value as a cultural or historical resource. Urban areas often contain sites or features of significant cultural or historical import that inform the character and identity of the area. The provision recognizes that such sites or features are appropriate for park or recreational use.
New §61.139(d)(8) allows the award of points for a proposal's consistency with the department's Plan. The Plan is the core guidance document that drives all of the department's efforts in conservation, management, and recreation. The department believes that proposed projects that are consistent with or in furtherance of the Plan should receive credit.
New §61.139(d)(9) is an administrative provision that allows the department to penalize sponsors that are not in compliance with the obligations of existing grant agreements and to reward the punctual submission of project proposals. The department believes that sponsors who for whatever reason are in demonstrable noncompliance with the obligations of existing or previous agreements should receive a reduced level of consideration for subsequent proposals. As the administrator of the grants assistance program, the department is responsible for ensuring that the public is served in the most efficient and effective manner possible. Therefore, the provision allows for the deduction of five points for any proposal submitted by a sponsor that in the department's view is in noncompliance. Additionally, the department establishes informal deadlines for receipt of applications. Occasionally, problems arise as a result of the receipt of applications that although received by the deadline, are incomplete and therefore cause the diversion of administrative effort to remedy. The department understands that many communities do not have the staff or the expertise to negotiate the process perfectly, so rather than create a standard that would eliminate or penalize deserving projects, the department chooses to allow up to five points to projects for which a complete application was received by the deadline. The provision is intended to provide an incentive for applicants to contact the department for assistance in advance of deadlines.
New §61.139(d)(10) allows the award of points for projects if the sponsor has consulted with and received an assessment from the department's urban biology program at least 30 days prior to the application deadline. The department's urban biology program was established to provide biological support and expertise to the public on the management and conservation of environmental resources in urban environments. The provision offers a limited point award in order to provide an incentive for sponsors to consider a project's consistency with the efforts of the urban biology program.
The rules as adopted will function by provising a uniform method for the submission, analysis, comparison, and ranking of competitive grant applications submitted by local communities seeking parks and recreation funding assistance from the department.
The department received one comment opposing adoption of the proposed rules. The commenter stated that the department seemed to have placed loopholes in the decision-making process that can be abused. The commenter also stated that parties that have problems in filling out forms should be helped and that the department should explain why the certification by legal counsel was required. The commenter also stated that the 10-year plan duration overlooks the current needs of the population, that local communities should have a voice in the process, and that they should have to pick up the costs for that participation. The department disagrees with the comment and responds that the Project Priority Scoring System model is necessary because the department receives more applications for worthy projects than it can fund. Since not all projects can be funded, it is necessary to create a uniform scoring system for evaluating and ranking projects in order to award grant funding to the most deserving projects. The scoring system reflects the numerous inputs that are necessary to completely assess the public recreational value of project proposals. The department works closely with all prospective applicants to provide guidance, support, and assistance in the development of grant applications. Under the provisions of Government Code, §2001.024, the notice of a proposed rule must include a certification that the proposed rule has been reviewed by legal counsel and found to be within the state agency's authority to adopt. The department believes that the 10-year plan duration is adequate, since it was suggested to the department by local communities during the department's exhaustive outreach effort in the development of the rules. No changes were made as a result of the comments.
The department received three comments supporting adoption of the proposed rules.
No groups or associations commented on the proposed rules.
The repeal is adopted under Parks and Wildlife Code, Chapter 24, which requires the department to adopt regulations for grant assistance.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 13, 2008.
TRD-200803052
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: July 3, 2008
Proposal publication date: December 21, 2007
For further information, please call: (512) 389-4775
31 TAC §§61.132 - 61.136, 61.138, 61.139
The amendments and new sections are adopted under Parks and Wildlife Code, Chapter 24, which requires the department to adopt regulations for grant assistance.
§61.132.Texas Local Park Grants Programs Manual.
(a) The Texas Local Park Grants Programs Manual contains the standards and requirements for the application, evaluation and award of all grants made under this subchapter.
(b) The Texas Local Park Grants Programs Manual is adopted by reference and may be obtained by contacting the Texas Parks and Wildlife Department at 4200 Smith School Road, Austin, Texas 78744; (512) 389-8224; or at rec.grants@tpwd.state.tx.us.
§61.133.Grants for Outdoor Recreation Programs.
(a) Program purpose and priorities. All grant applications submitted to the department for outdoor recreation programs are evaluated for program eligibility and prioritized according to the Project Priority Scoring System set forth in this section. Scored applications are presented to the Texas Parks and Wildlife Commission for approval. In general, recommended priorities for outdoor recreation projects are:
(1) to ensure sponsor performance on active grants and compliance at previously assisted grant sites;
(2) to recognize and reward local planning;
(3) to increase recreational diversity;
(4) to provide water-related park and recreation opportunities;
(5) to improve geographic distribution and innovative use of park and recreation opportunities;
(6) to maximize the use of funds for basic park and recreation opportunities;
(7) to improve park and recreation opportunities for low income, minority, and elderly citizens;
(8) to reward cooperative efforts between project sponsors and other entities;
(9) to preserve significant natural resources through public land acquisition and stewardship;
(10) to renovate existing, obsolete park and recreation areas and facilities;
(11) to promote environmentally responsible activities and development;
(12) to provide linear greenbelt linkages to parks, neighborhoods, or public facilities;
(13) to encourage the appreciation and preservation of cultural resources; and
(14) to support the department's Land and Water Resources Conservation and Recreation Plan.
(b) Local master plan standard requirements. Minimum master plan standards must be met to qualify for planning and priority points. Local sponsors may submit applications without having a department-approved master plan; however, only those sponsors that have a TPWD approved park, recreation and open space master plan will receive points for completing a local plan. In addition, only proposals that address priority needs identified in approved plans will receive priority points under the provisions of subsection (c)(7) of this section. Master plans must have been received in an approvable format at least 60 days prior to the application submission deadline at which time credit is sought. The following are minimum master plan standards:
(1) Proof of adoption. The plan must be formally adopted or otherwise endorsed by act or resolution of the applicable governing body of the sponsor, and the endorsement must be included with the document.
(2) Jurisdiction-wide scope. The plan must be complete, comprehensive, and assess the entire jurisdiction area of the project sponsor. County plans must cover the entire county, and city or district plans must cover the entire city or district. For large urban areas, the plan should cover the entire jurisdiction, and then may break the jurisdiction down into regions, sectors, precincts, districts, etc., as appropriate. Master plans that contemplate service delivery across more than one jurisdiction may be submitted by a local sponsor, with any necessary supplemental information, provided the plan has been formally adopted or otherwise endorsed by act or resolution of the applicable governing body of the sponsor.
(3) Plan duration. The plan must specifically identify the time period within which the goals and objectives of the plan are to be carried out. Plans should cover a minimum ten-year period. If a plan is more than five years old, a brief summary of plan accomplishments to date, as well as applicable updates of demographics, goals and objectives, standards, and maps must be provided to enable the department to recognize and credit program progress. Any revision of priorities other than an update of accomplishments must present a new priority listing justified by additional public input. Plans older than 10 years will be considered obsolete and new plans will be required.
(4) Plan content. The following information should be included in the document:
(A) introduction;
(B) goals and objectives;
(C) plan development process (discuss when the planning process began, plan phases, public input received, survey/studies conducted, committees and/or personnel involved, etc.);
(D) area/facility concepts and standards, including:
(i) population/area service and acreage goals;
(ii) "typical" park and facility standards; and
(iii) applicable local codes, ordinances, and other requirements for community or neighborhood development.
(E) inventory of existing park, recreation and open space areas and facilities (including schools).
(F) needs assessment and identification. Information under this subparagraph shall be area- and facility-specific, and may include basic support facilities/infrastructure which are critical to the recreational experience. A discussion and identification of open space needs in the master plan, or a separate open space plan, shall be included.
(G) prioritization of needs. Applicant shall include:
(i) priority lists for outdoor and indoor needs (may be separate or combined);
(ii) if necessary, a map of all specific area(s) intended for open space acquisition and preservation, identified as a need, discussed, and prioritized, if desired;
(iii) where appropriate, a discussion of renovation/redevelopment needs, which may be ranked as a priority; and
(iv) plan implementation recommendations, including a timeline and discussion of resources for meeting priorities (which must identify and prioritize which needs are to be met, where, and when). Any revision of priorities other than an update of accomplishments must present a new priority listing justified by additional public input.
(H) illustrations, maps, charts, surveys, etc.
(c) Outdoor recreation project priority scoring system.
(1) Outdoor recreation projects presented to the commission shall be scored according to the criteria, rating factors, and point values set forth in this subsection.
(2) The priority ranking of a project will depend on its score in relation to the scores of other projects under consideration.
(3) Funding of projects will depend on the availability of TRPA funds.
(4) Projects which have not been approved after two considerations by the commission, without alterations to significantly raise the project score, shall be returned to the sponsor and not accepted for resubmission.
(5) Each site of a multiple-site project shall be scored individually. Individual site scores will be weighted on a pro-rata share of the total budget for the entire project. All weighted scores will be added together for the total project score.
(6) If the sponsor is in full compliance at previously assisted grant project sites and is progressing on schedule with all active grant projects in accordance with the provisions of this subchapter, the application will be scored and presented for award consideration. If the sponsor does not meet the requirements of this paragraph, the application will not be scored or considered further.
(7) A project proposal meeting the requirements of paragraph (6) of this subsection shall be evaluated according to the extent that:
(A) the sponsor has a current department-approved master plan on file at the time of application and the project will satisfy the priority outdoor recreation needs identified in the master plan required by this subparagraph. Consideration of "need" for this criterion includes basic support facilities/infrastructure critical to the park and recreation experience. Eligible support facilities/infrastructure are limited to restrooms, roads and parking, area lighting (to ensure public safety), utilities essential to eligible support facilities, irrigation, and land acquisition. Scoring shall be as follows, up to a total of 15 points:
(i) for having a current department-approved master plan on file at the time of application submission - 5 points;
(ii) for satisfying 3 of the top 3 priority needs - 10 points;
(iii) for satisfying 2 of the top 3 priority needs - 6 points; and
(iv) for satisfying 1 of the top 3 priority needs - 3 points.
(B) the project will provide diversity of park and recreation opportunities/facilities. Priority points for this criterion shall be awarded based on the number of park and recreation opportunities/facilities provided within the intended service area. One point will be awarded for each type of significant recreation category listed in this subparagraph, provided each element is specifically identified in a locally adopted park, recreation and open space master plan or, if the sponsor does not have an adopted master plan, by a documented public input process, up to a total of 10 points. The significant recreation categories are:
(i) campgrounds;
(ii) sports fields and courts;
(iii) playgrounds (tables, pavilions, etc.);
(iv) picnic areas;
(v) golf courses;
(vi) swimming facilities;
(vii) trails;
(viii) passive recreation (scenic overlooks, gardens, etc.);
(ix) amphitheater;
(x) fishing/hunting facilities; and
(xi) natural area.
(C) the project will provide improved natural water-based park and recreation opportunities, up to a total of 6 points. The project provides direct park and recreation or conservation opportunities which do not degrade the resource along existing quality water bodies, for no more than one of the following:
(i) coast or lake: 6 points;
(ii) bay or estuary: 5 points;
(iii) river: 4 points (only water bodies named as "rivers" may receive points under this category. All others, e.g., creeks, brooks, bayous, branches, etc., are considered "streams");
(iv) stream (continuous flow): 3 points;
(v) pond: 2 points ("ponds" are generally man-made and no larger than five surface acres. Points will not be awarded for constructing ponds under this category.); or
(vi) wetland: 1- 3 points, dependent upon size and quality.
(D) the project will improve the geographic distribution or innovative use of park and recreation lands and facilities in the project's service area or within the sponsor's jurisdiction, up to a total of 10 points.
(i) project provides the first public park in the sponsor's jurisdiction or intended service area: 10 points; or
(ii) project provides significantly new and different park and recreation opportunities (other than school facilities) in the sponsor's jurisdiction or intended service area: 1-10 points. Points for this item shall be awarded only if specific recreation elements are identified in a locally adopted park, recreation, and open space master plan or, if the sponsor does not have an adopted master plan, by a documented public input process. Point awards shall be based on the percentage of construction budget and will be calculated as follows: new and different facility costs, divided by total construction costs, multiplied by 10.
(E) the project maximizes the use of development funds for facilities which provide direct park and recreation opportunities, up to a total of 20 points, determined by dividing the direct recreational facilities costs, including trees and drip irrigation, by the total construction costs and multiplying the result by 20. "Total Facilities Costs" includes park/recreation and support/infrastructure facilities, contingency, and all required program signage costs in excess of $1,000.
(F) the project improves park and recreation opportunities for low-income, minority, and elderly, up to a total of 15 points.
(i) project improves opportunities for low-income citizens (defined as meeting any federal standard of eligibility for low-income status): determined by multiplying the percentage of population qualifying as low-income by 5 and dividing by 100. Maximum of 5 points.
(ii) project improves opportunities for minority citizens: determined by multiplying the percentage of population qualifying as minority by 5 and dividing by 100. Maximum of 5 points.
(iii) project improves opportunities for the elderly: 1 point for each facility or activity that is identified as a need for this special population in a locally adopted master plan or, if the sponsor does not have an adopted plan, by a documented public input process. Maximum of 5 points.
(G) the project involves documented cooperation between the sponsor and other public or private entities to provide park and recreation opportunities at the project site(s). Maximum of 20 points.
(i) project involves the contribution of resources from sources other than the sponsor, including publicly owned non-parkland, which serves as all or part of the sponsor's matching share of funds. Maximum of 15 points. Points shall be awarded on a percentage basis, determined by dividing the total outside contribution value by the total match and multiplying the result by 15.
(ii) project involves cooperation between the sponsor and other public or private entities and resources are contributed to the overall project for non-grant assisted facilities (example: a county constructs roads/parking facilities for a city, but no grant funds are requested for roads/parking): 1 point per activity, to a maximum of 5 points.
(H) the project provides for the acquisition and preservation/conservation of park and recreation lands, including publicly owned non-parkland, which consist of regionally representative natural resources or provides desirable wetlands, open space, water access, or needed parkland. Total point range: 1-30 points for not more than one of the following:
(i) project provides for the acquisition and preservation/conservation of a federal, state, regional, or local government identified natural area which is recognized in an acceptable, published planning document for having valuable or vulnerable natural resources, ecological processes, or rare, threatened, or endangered species of vegetation or wildlife: 5-30 points, based on acreage and/or quality; or
(ii) project provides for the acquisition and preservation/conservation of a significant wetland area: 5-25 points, based on acreage and/or quality; or
(iii) project provides for the acquisition and preservation/conservation of natural open space land or water for human use and enjoyment that is two acres or larger in size, relatively free of man-made structures (including creek corridors, floodways, natural drainage basins, and areas which may be enhanced for native habitat), and which is identified in an acceptable, published, and adopted local, jurisdiction-wide open space plan or master plan: 5-20 points, based on acreage and/or quality; or
(iv) project provides for the acquisition of land which would provide needed public access to park and recreational waters (see definitions under criteria listed in subparagraph (C) of this paragraph), 1-5 points, as determined below:
(I) coast or lake: 5 points;
(II) bay or estuary: 4 points;
(III) river: 3 points;
(IV) stream (continuous flow): 2 points;
(V) pond: 1 point; or
(v) project provides for the acquisition of needed recreational land proposed for future development: 10 points.
(I) project provides for the renovation or adaptive reuse of an existing obsolete park and recreation area or facilities, determined by dividing the renovation cost by the total construction cost and multiplying the result by 25. Maximum of 25 points.
(J) project promotes environmentally responsible activities and development by the use of activities or techniques such as xeriscape/native plant materials for landscaping, drip or treated effluent irrigation systems, energy efficient lighting systems, recycled materials for facility construction, environmental education and interpretation, significant tree plantings where no trees exist, alternative energy sources, water catchment systems, or other resource conservation measures. Points for this category will be awarded based on the diversity, innovative nature and/or cost of the project elements, up to a maximum of 10 points.
(K) project provides significant linkage, i.e., trails and green corridors (not to include streets or sidewalks) to other parks and recreation areas, neighborhoods, or public facilities, up to a maximum of 3 points.
(L) project provides park and recreation opportunities that enhance and encourage appreciation and preservation of site-based cultural (historical and archaeological) resources through interpretive facilities or preservation strategies: maximum of 3 points. Points for this item are awarded based on the significance of the enhancement.
(M) project supports the department's Land and Water Resources Conservation and Recreation Plan (Plan). Sponsor must address how the project meets the goals of the Plan in the proposal narrative. Up to a maximum of 5 points.
(N) sponsor is in compliance with previously funded projects. If sponsor is not in compliance with existing grant obligations, 5 points will be deducted from the project score.
(O) a complete application was received by the application deadline - 5 points will be awarded.
§61.134.Grants for Indoor Recreation Programs.
(a) Program purpose and priorities. All grant applications submitted to the department for indoor recreation programs are evaluated for program eligibility and prioritized according to the Project Priority Scoring System set forth in this section. Scored applications are presented to the Texas Parks and Wildlife Commission for approval. The priority ranking of a project depends on its score in relation to the scores of other projects under consideration. Funding of projects will depend on the availability of TRPA funds. Projects which have not been approved after two considerations by the commission, without alterations to significantly raise the project score, shall be returned to the sponsor and not accepted for resubmission. In general, recommended priorities for indoor recreation projects are:
(1) to ensure sponsor performance on active grants and compliance at previously assisted grant sites;
(2) to recognize and reward local planning;
(3) to provide indoor recreational diversity;
(4) to improve geographic distribution and innovative use of indoor recreation facilities;
(5) to reward cooperative efforts between project sponsors and other entities;
(6) to provide for the renovation or adaptive reuse of existing, obsolete indoor recreation or other facilities or structures;
(7) to improve indoor recreation opportunities for low-income, minority, and elderly citizens;
(8) to promote environmentally responsible activities and development; and
(9) to support the department's Land and Water Resources Conservation and Recreation Plan.
(b) Local master plan standard requirements. Minimum master plan standards must be met to qualify for planning and priority points. Local sponsors may submit applications without having a department-approved master plan; however, only those sponsors that have a department-approved park, recreation and open space master plan will receive points for completing a local plan. In addition, only proposals that address priority needs identified in approved plans will receive priority points under the provisions of subsection (c) of this section. Master plans must have been received in an approvable format at least 60 days prior to the application submission deadline at which time credit is sought. The following are minimum master plan standards:
(1) Proof of adoption. The plan must be formally adopted or otherwise endorsed by act or resolution of the applicable governing body of the sponsor, and the endorsement must be included with the document.
(2) Jurisdiction-wide scope. The plan must be complete, comprehensive, and assess the entire jurisdiction area of the project sponsor. County plans must cover the entire county, and city or district plans must cover the entire city or district. For large urban areas, plans should cover the entire jurisdiction, and then break the jurisdiction down into regions, sectors, precincts, districts, etc., as appropriate. Master plans that contemplate service delivery across more than one jurisdiction may be submitted by a local sponsor, with any necessary supplemental information, provided the plan has been formally adopted or otherwise endorsed by act or resolution of the applicable governing body of the sponsor.
(3) Plan duration. Plans must specifically identify the time period within which the goals and objectives of the plan are to be carried out. The plan should cover a minimum ten-year period. If a plan is more than five years old, a brief summary of plan accomplishments to date, as well as applicable updates of demographics, goals and objectives, standards, and maps must be provided to enable the department to recognize and credit program progress. Any revision of priorities other than an update of accomplishments must present a new priority listing justified by additional public input. Plans older than 10 years will be considered obsolete and new plans will be required.
(4) Plan content. The following information should be included in the document:
(A) introduction;
(B) goals and objectives;
(C) plan development process (discuss when the planning process began, plan phases, public input received, survey/studies conducted, committees and/or personnel involved, etc.);
(D) area/facility concepts and standards, including:
(i) population/area service and acreage goals;
(ii) "typical" park and facility standards; and
(iii) applicable local codes, ordinances, and other requirements for community or neighborhood development;
(E) inventory of existing park, recreation and open space areas and facilities (including schools);
(F) needs assessment and identification. Information under this subparagraph shall be area/facility specific, and may include basic support facilities/infrastructure which are critical to the recreational experience. A discussion and identification of open space needs in the master plan, or a separate open space plan, shall be included.
(G) prioritization of needs. Applicant shall include:
(i) separate priority lists for outdoor and indoor needs;
(ii) if necessary, a map of all specific area(s) intended for open space acquisition and preservation, identified as a need, discussed, and prioritized, if desired;
(iii) where appropriate, a discussion of renovation/redevelopment needs, which may be ranked as a priority; and
(iv) plan implementation recommendations, including a timeline and discussion of resources for meeting priorities (must identify and prioritize which needs are to be met, where and when). Any revision of priorities other than an update of accomplishments must present a new priority listing justified by additional public input.
(H) illustrations, maps, charts, surveys, etc.
(c) Indoor recreation project priority scoring system. If the sponsor is in full compliance at previously assisted grant project sites and is progressing on schedule with all active grant projects in accordance with the provisions of this subchapter, an application will be scored and presented for award consideration. If the sponsor does not meet the requirements of this paragraph, the application will not be scored or considered further. A project proposal meeting the requirements of this paragraph shall be evaluated according to:
(1) whether or not the sponsor has a current department-approved master plan on file at the time of application and the extent to which the project will satisfy the priority indoor recreation needs identified in the master plan required by this section, up to a total of 15 points.
(A) for having a current department-approved master plan on file at the time of application submission 5 points;
(B) for satisfying 3 of the top 3 priority needs 10 points; and
(C) for satisfying 2 of the top 3 priority needs 6 points.
(2) the extent to which the project will provide diversity of public indoor recreation facilities or opportunities. Points shall be awarded based on the number of indoor recreation facilities provided. One point will be awarded for each type of recreation facility, up to a maximum of 10 points, provided that each recreation element is identified as a need in a locally adopted master plan or, if the sponsor does not have an adopted plan, by a documented public input process. Points may be deducted for projects which propose support facilities which do not support recreational activities.
(3) the extent to which the project will improve geographic distribution or innovative use of public indoor recreation facilities. Maximum of 20 points.
(A) project provides the first public indoor recreation facility in the sponsor's jurisdiction or intended service area: 20 points; or
(B) project provides significantly new and different public indoor recreation facilities (other than school facilities) in the sponsor's jurisdiction or intended service area, based on 5 points per opportunity, provided the individual recreation elements are identified as a need in a locally adopted master plan or, if the sponsor does not have an adopted plan, by a documented public input process. Maximum of 15 points.
(4) the extent to which the project involves cooperation between the sponsor and other public or private entities to provide public indoor recreation facilities at the project site. Maximum of 20 points.
(A) project involves the contribution of resources, including publicly owned non-parkland, from sources other than the sponsor, which serves as all or part of the sponsor's matching share of funds. Maximum of 15 points. Points shall be awarded on a percentage basis, determined by dividing the total outside contribution value by the total match and multiplying the result by 15.
(B) project involves documented cooperation between the sponsor and other public or private entities and/or resources are contributed to the overall project for non-grant assisted facilities (example: a county constructs roads/parking facilities for a city, but no grant funds are requested for roads/parking): 1 point per documented activity, to a maximum of 5 points.
(5) the extent to which the project provides for the renovation or adaptive reuse of an existing facility, determined by dividing the renovation cost by the total construction cost and multiplying the result by 25. Maximum of 25 points.
(6) the extent to which the project improves public indoor recreation opportunities for low-income, minority, or elderly citizens, up to a total of 15 points.
(A) project improves opportunities for low-income citizens (defined as meeting any federal standard of eligibility for low-income status: determined by multiplying the percentage of population qualifying as low-income by 5 and dividing by 100. Maximum of 5 points.
(B) project improves opportunities for minority citizens: determined by multiplying the percentage of population qualifying as minority by 5 and dividing by 100. Maximum of 5 points.
(C) project improves opportunities for the elderly. Points for this item shall be awarded on the basis of recreational facility type and service or activity that is identified as a need for the special population in a locally adopted master plan or, if the sponsor does not have an adopted plan, by a documented public input process. Maximum of 5 and dividing by 100 points.
(7) the extent to which the project promotes the environmentally responsible activities and development by the use of activities or techniques such as xeriscape/native plant materials for landscaping, drip or treated effluent irrigation systems, energy efficient lighting systems, recycled materials for facility construction, environmental education and interpretation, significant tree plantings where no trees exist, alternative energy sources, water catchment systems, or other resource conservation measures. Points shall be awarded based on the diversity, innovative nature and/or cost of the project elements, up to a maximum of 10 points.
(8) the extent to which the project supports the department's Land and Water Resources Conservation and Recreation Plan (Plan). Sponsor must address how the project meets the goals of the Plan in the proposal narrative. Up to a maximum of 5 points.
(9) sponsor is in compliance with previously funded projects. If sponsor is not in compliance with existing grant obligations, 5 points will be deducted from the project score.
(10) a complete application was received by the application deadline - 5 points will be awarded to the project score.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 13, 2008.
TRD-200803053
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: July 3, 2008
Proposal publication date: December 21, 2007
For further information, please call: (512) 389-4775