31 Tex. Admin. Code § 61.133
Grants for Outdoor Recreation Programs
Effective Jul 3, 200833 TexReg 5012Source Note: The provisions of this §61.133 adopted to be effective August 31, 2000, 25 TexReg 8409; amended to be effective May 1, 2005, 30 TexReg 2556; amended to be effective July 3, 2008, 33 TexReg 5012.Texas Secretary of State
(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.
Source Note:The provisions of this §61.133 adopted to be effective August 31, 2000, 25 TexReg 8409; amended to be effective May 1, 2005, 30 TexReg 2556; amended to be effective July 3, 2008, 33 TexReg 5012.