BLM Idaho Land and Water Conservation Fund (LWCF) Recreational Access and Core Project Submission Requirements

ID-IM-2023-006
Instruction Memorandum

Bureau of Land Management
1387 South Vinnell Way
Boise, ID 83709-1657
United States

In Reply Refer To:

2100 (933) P

Expires:09/30/2026
To:All Bureau of Land Management (BLM) Idaho Employees
From:Karen Kelleher, State Director
Subject:BLM Idaho Land and Water Conservation Fund (LWCF) Recreational Access and Core Project Submission Requirements
Program Area:Land and Water Conservation Fund.
Purpose:

This Instruction Memorandum (IM) establishes BLM Idaho State Office policy regarding submission of funding requests for LWCF FY2024 Recreational Access project proposals and FY2025 Core project proposals and approval of new and existing requests to acquire partial land interests.

Administrative or Mission Related:

Mission.

Policy/Action:

BLM Idaho project proposals for LWCF FY2024 Recreational Access and FY2025 Core funding requests will follow the process and be consistent with the Idaho State Director acquisition priorities as follows:

 

Idaho State Director Preliminary Review of Project Proposals

  • On or before February 13, 2023, Field Offices should submit to the Idaho State Office Acquisitions Lead a land acquisition request information (LARI) (Attachment 1) and fact sheet (Attachment 2) for each proposed LWCF project. State whether the proposed acquisition is fee, conservation easement, or a combination thereof. Each submission should include a location map (refer to Attachment 3 for mapping templates).
  • After an initial review for completion, a team comprised of the DSD – Resources and the DM or AD from each District will review the proposals and provide a recommendation to the State Director on which projects should receive preliminary approval to be further developed for this funding cycle.
  • Following the State Director’s preliminary approval, the Field Office may complete development and submission of the final project package.

Field Office Final Project Submissions to BLM Idaho State Office

  • Limited to projects that receive State Director preliminary approval.
  • Individual Field Office project packages must be electronically submitted through the online questionnaire portal, including photo, video, and other attachments as indicated in the questionnaire no later than March 24, 2023. Late submissions will not be accepted.
  • The Headquarters (HQ) IM for LWCF Recreational Access and Core Project Submission Requirements is anticipated to be issued in late February 2023; however, the field can start working on their submission package(s) after receiving State Director preliminary approval.
  • After the HQ IM is published, LWCF application training webinars will be offered by HQ.
  • Ensure that each package clearly states how the proposal will meet one or more of the State Director’s acquisition priorities, as noted below.

Idaho State Office Final Project Review

  • Idaho State Office Acquisitions Lead will review project submissions and work with Field Offices on any additional information or corrections needed. All final updates will be due by March 31, 2023.
  • State Director briefing materials will be developed, with final briefing expected to take place the week of April 10, 2023. District Managers will present their district’s proposals to the State Director.
  • State Director final ranking will be determined and finalized before April 21, 2023.

Idaho State Director LWCF acquisition priorities

  • Acquisitions that provide multiple-use values in accordance with the BLM’s overall mission.
  • Acquisitions that consolidate large tracts of public lands and improve BLM management of resources.
  • Acquisitions that enhance native habitats and connectivity or can readily be restored to native habitat.
  • Acquisitions that increase recreational opportunities and facilitate public access to public lands.
    • Prioritize acquisition of public access to John D. Dingell, Jr. Conservation, Management, and Recreation Act public access nominated parcels.
      • Use the priority access list (Dingell Act Priority Access Biennial Report | Bureau of Land Management (blm.gov)) to identify and pursue land and easement acquisitions from willing sellers to obtain public access to nominated parcels.
      • Prioritize acquisitions that provide access to nominated parcels that contain 5,000 acres or more with restricted or no legal public access.
      • Prioritize acquisitions that provide access to nominated parcels with high recreational opportunities/potential.
  • Acquisitions in priority landscape areas that contribute to and integrate with landscape-level management plans (e.g., conservation, recreation, fuels management, restoration).
  • Acquisitions that benefit underserved or at-risk communities and provide for equity.
  • Acquisitions that include all land interests (fee title); or when acquiring a partial land interest, acquisitions that include public access as a minimum and other multiple uses where appropriate/possible.
    • If the proposal is to acquire a partial land interest, acquire all the rights needed to accomplish management objectives, and ensure that the purpose for acquiring a partial land interest is consistent with Congressional direction and objectives in the approved BLM Land Use Plan(s) or special management area plan(s).
  • Limit the acquisition of conservation easements to congressionally/Presidentially designated areas where the objective is to protect scenic or other values while maintaining private land interests within the area (e.g., National Conservation Areas, National Monuments, Wilderness, Wild & Scenic Rivers, National Scenic & Historic Trails). However, areas outside of congressionally designated areas may be considered if the approved BLM Land Use Plan and/or activity plan clearly identify the need for ownership of a partial land interest and the State Director has approved the acquisition.

New and existing projects proposing to acquire Conservation Easements or other partial land interests will also be subject to additional review and approval as follows:

  • Obtain the State Director and District Manager’s approval before negotiating the acquisition of partial land interests for all new project proposals. As part of both the preliminary approval package and the subsequent State Director briefing for submitted projects, provide supporting information and an analysis of the acquisition for approval (Attachment 4) consistent with the guidelines contained in BLM Handbook H-2100-1 Supplemental Technical Guide.
  • Obtain the State Director and District Manager’s approval for all Conservation Easements that are currently funded but not complete, prior to proceeding with the acquisition. Submit requests to proceed via the Idaho State Office Acquisitions Lead; requests will provide supporting information and analysis of the acquisition for approval (Attachment 4).
  • If the appraised value of a conservation easement is a significant portion (≥70%) of the value of the property, the Authorized Officer should reevaluate the feasibility of acquiring fee title.
  • BLM must be able to determine and commit to the post-acquisition actions (stewardship program) and costs needed to monitor and enforce the terms of the easement.
    • Once land interests are acquired, funds to administer the conservation easement should be linked to the purpose of the acquisition (e.g., benefiting program(s)) and requested through the normal budgeting process. The expense of administering conservation easements can be significant; however, forgoing necessary administration may result in costly future litigation and/or loss of valuable property interests.
    • Property that the BLM holds for conservation purposes confers responsibility and is a permanent financial liability. It costs the BLM money up front to acquire and initiate management, and it takes money every year to monitor, maintain, and manage the property. Even if a BLM District or Field Office depends heavily on partners or volunteers to help manage its property, there remain costs for administration and boundary management (survey, signs, etc.). The funds required to manage a property vary depending on size, intensity of management, public use, and other factors. A commitment must be made to determine what management is needed and to fund the necessary management as long as BLM holds the property. Owning an interest in land without fulfilling our responsibility to manage and thoroughly prosecute the legal rights granted in the easement can damage the image and credibility of the agency.
Timeframe:

The policy is effective immediately.

Background:

Congress passed the Land and Water Conservation Fund Act of 1965 to facilitate participation in outdoor recreation and for conservation purposes. LWCF Recreational Access and LWCF Core are BLM’s two primary acquisition funding streams. The 2020 Great American Outdoors Act (PL 116-52) authorized annual mandatory LWCF spending and regularized funding beginning in FY2021. BLM Idaho has established guidance to allow the State Director to review projects prior to their submission to HQ. Once submitted by the BLM and approved by the Department, a prioritized list of LWCF Core Projects is included in the upcoming fiscal year’s President’s budget request (the Green Book). These requests are considered by Congress and may be funded as individual line items in the BLM’s appropriations.

 

In FY2015, the BLM and other federal land management agencies began receiving annual LWCF funding allocations to support federal acquisitions of land or interests in land for “Recreational Access.” While this funding is not project-specific, the Department notifies Congress of its Recreational Access funded projects. Section 3001 of the John D. Dingell Jr. Conservation, Management, and Recreation Act of 2019 (PL 116-9) amended the LWCF Act to specify how certain funds must be made available annually for public recreational access projects and directs the Department to develop a “priority list” of projects that secure recreational public access to federal land for hunting, fishing, recreational shooting or other outdoor recreational purposes. LWCF project nominations that support access to BLM lands included on the BLM’s Dingell Act priority access list should be clearly identified to receive additional consideration during the national review and ranking process.

Manual/Handbook Sections Affected:

Acquisition Handbook H-2100-1.

Contact:

If you have questions, please contact Christine Sloand, Idaho Acquisitions Lead (ID-933), at csloand@blm.gov or (208) 908-3368.

Coordination:

This IM was developed collaboratively with the Idaho State Office Branch of Minerals, Land Tenure & Water Rights (ID-933).

Signed By:
Peter Ditton For Karen Kelleher
State Director
Authenticated By:
Shellie Boss
State Records Administration