The Land and Water Conservation Fund Act (16 USC 460 l-4) (Section 6(f)) was enacted to preserve, develop, and assure accessibility to outdoor recreation resources by:
(1) Providing funds for and authorizing federal assistance to the states in planning, acquisition, and development of needed land and water areas and facilities, and
(2) Providing funds for the federal acquisition and development of certain lands and other areas.
The Act authorized the establishment of the Land and Water Conservation Fund (LWCF) which is funded by the revenue from fees paid to the federal government for offshore drilling, surplus property sales, motorboat fuels tax, and other revenues. The program is administered by the National Park Service through regulations 36 CFR 59.
When It Is Required
Any project that proposes to convert property that was purchased or improved through 6(f) funding must receive approval from the National Park Service.
Permit or Approval Process
There is no formal permit process for Section 6(f) approval. Project proponents must identify lands funded through LWCF within the project area. The state maintains a list of LWCF projects. When LWCF land is identified and proposed to be converted to a non-recreational use, a request is made to the National Park Service for the conversion. Requests are made through the Vermont Department of Forests, Parks and Recreation. The request must include a proposal to substitute the converted land with other property of equivalent usefulness and location and equal or better fair market value. Typically, 6(f) clearance is included as part of a NEPA document, but the law applies to conversion of any 6(f) lands irrespective of other federal involvement.
Regulatory programs with overlapping jurisdiction with Section 6(f) include, but are not necessarily limited to, the following:
Section 4(f) Section 4(f) regulates parks, wildlife refuges, and historic sites that may be affected by USDOT projects.
For More Information
Vermont Department of Forests, Parks & Recreation
1 National Life Drive
Montpelier, VT 05620-3801
Waterbury, Vermont 05671-0601
State of Vermont Land & Water Conservation Fund (LWCF) Projects from 1965-2011