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LWCF Grant App_E B Lyons ExpansionTHE CITY OF Dubuque ~T T j~ ~ III-Ar~ria City (..rj 1„) ~ ~. ~ i IVlasterpiece on the Mississippi .. 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Land & Water Conservation Fund Grant Application -- E.B. Lyons Interpretive Center Expansion DATE: March 11, 2008 Planning Services Manager Laura Carstens is recommending approval of a $175,000 grant application to the Land & Water Conservation Fund for the E.B. Lyons Interpretive Center Expansion Project at the Mines of Spain. I concur with the recommendation and respectfully request Mayor and City Council approval. 2 - ~ ~~--~ Mi ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Land & Water Conservation Fund Grant Application -- E.B. Lyons Interpretive Center Expansion DATE: March 4, 2008 INTRODUCTION This memo transmits an application fora $175,000 Land & Water Conservation Fund (LWCF) grant for the E.B. Lyons Interpretive Center Expansion at the Mines of Spain, for the City Council's review and approval. A resolution in support is enclosed. DISCUSSION The LWCF Grant Program is a federal grant program of the National Park Service that provides funds to incorporated cities and county conservation boards in the form of 50% reimbursement grants. Grants require a 50% match. Eligible projects include acquisition and/or development of land for outdoor recreation. Renovation of existing facilities is also eligible. The City of Dubuque owns the existing E.B. Lyons Interpretive Center and 30 surrounding acres at the Mines of Spain State Recreation Area. The Iowa Department of Natural Resources (IDNR) operates the Center and owns and manages 1,350 acres in the park. The Friends of the Mines of Spain is anon-profit corporation that assists the IDNR Park Staff in the administration of the Mines of Spain and the Interpretive Center. The City of Dubuque is the sponsor fora $150,000 FY06 Preserve America grant for the Mines of Spain Exhibit and Education Program, on behalf of the Friends of the Mines of Spain. The City of Dubuque would serve as the sponsor for this $175,000 LWCF grant on behalf of the Friends of the Mines of Spain. The E.B. Lyons Interpretive Center serves as a visitor information center and park office for the Mines of Spain. Displays and exhibits provide information about the history and features of the park. It currently serves over 200,000 visitors annually and provides LWCF Grant Application -- EB Lyons Center page 2 hundreds of programs for school aged children, youth groups and families. Demand has continued to increase over the years for more programs and services. The Friends group is leading a fundraising campaign to expand the current Interpretive Center to include more space for interpretive and educational purposes. The 6,300 square foot expansion will double the size of the Center and make it ADA accessible. The City is a funding partner, and has committed $30,000 to the expansion. With expansion and renovation of the Center, many more visitors can be served and new programs implemented. The expansion would include: (1) An auditorium for programs, special events and meetings; (2) A biology lab and classroom for visitors and school programs ranging K-12; (3) Creation of new exhibits and displays for visitors to explore the science and history of the region; and (4) A library/reference room to house field identification books, historic documents, DVDs, videos, and reference materials. BUDGET IMPACT The total project budget for the expansion is approximately $1.7 million. The City is not obligated to provide any match; however, the City must upfront $175,000 in direct costs for the project. The Friends group will provide the required match from funds raised for the project. The City then will submit periodic reimbursement requests to the IDNR as these project expenses are incurred. RECOMMENDATION I recommend that the City Council approve the enclosed resolution authorizing the Planning Services Manager to submit the LWCF grant application for the E.B. Lyons Interpretive Center Expansion. Since the grant application deadline is March 14, 2008, the grant request will be submitted pending City Council authorization. If the City Council does not authorize the application, it will be withdrawn. Enclosures cc Jenny Larson, Budget Director Gil Spence, Leisure Services Manager Dr. Douglas Olk, President, Friends of the Mines of Spain Preparers Laura Carstens Address: 50 W. 13th Street Dubuque. IA 52001 Telephone: 589-4210 RESOLUTION NO. 89-08 RESOLUTION APPROVING A LWCF GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE E.B. LYONS INTERPRETIVE CENTER EXPANSION COUNTY: DUBUQUE WHEREAS, the City of Dubuque, Iowa is interested in acquiring lands or developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of City of Dubuque, Iowa and the State Iowa. Project Title: E.B. Lyons Interpretive Center Expansion Total Estimated Cost: $1,768,557 Brief Description of Project: The E.B. Lyons Interpretive Center serves as a visitor information center and park office for the Mines of Spain. It currently serves over 200,000 visitors annually. Continued success and growth in interpretation and education are significantly inhibited by current space limitations. Expansion of the Interpretive Center will double its size, create more space for interpretation and education, and make it accessible. AND, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the project described above be authorized. Section 2. That the City of Dubuque makes application to the Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance Resolution No. _ - 08 Page 2 from the National Park Service in the amount of 9.9% of the actual cost of the project in behalf of said City of Dubuque. Section 3. That the City of Dubuque certifies to the following: 1. That is will accept the terms and conditions set forth in the NPS Grants-in- Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 3. That is has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Dubuque for public outdoor recreational use. 4. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. Passed, approved and adopted this 17th day of March , 2008. Roy Duol, Mayor Attest: Jeanne F. Schneider, City Clerk Section III -General Provisions REQUEST FOR SIIPO COMMENT ON A PROJECT Submit one copy with each property for which our comment is requested. Please print or tyke. Return to: Kathleen Moench, IDNR, Wallace State Office Building, Des Moines, IA 50319 GENERAL INFORMATION ^ This is a new submittal Q This is more information relating to SHPO R&C #: a. Property Name: E.B. Lyons Interpretive Center -Mines of Spain State Recreation Area b. Property Street & Number: 8991 Bellevue Heights Road c. County: Dubuque City: Dubuque Zip: 52003-9214 d. Federal Agency: NPS Federal Funding Program/Permit: Land & Water Conservation Fund e. Agency Project No.: If HUD, circle one: 24 CFR Part 50 or Part 58 f. Contact Person on Project: Laura Carstens. Planning Services Manager Phone: 563-589-4210 g. Contact Address: 50 W. 13"' Street. Dubuque. Iowa Zip: 52001 email: Icarsten cityofdubuque.org II. IDENTIFICATION OF HISTORIC PLACES ^ As agreed in programmatic or other agency agreements with SHPO (if applicable) ^ Includes the attached elements required under 36 CFR 800.4(a) 1) Area of potential effects, as defined in 800.16(d), is shown on map 2 Existing information has been reviewed on historic properties in the property area at SHPO office and/or other locations of inventory data 3) Information has been sought from parties likely to have knowledge about historic properties in the project area 4) Intormation gathered from Indian tribes, as appropriate ^ An attached Iowa Site Inventory form is completed for each building 50 years of age or older ~x Yes ^No The project will involve excavation If yes, submit all of the followin information (use attachments of necessary) 1 Precise project location map preferably U.S.G.S. 7.5 min Quad with name, date, & location) 2 Site plan showing limits of proposed excavation 3 Number of acres in project 4 Legal location: Section(s) ~`ownship(s) Range(s) 5 Description of width and epd tai ofproposed excavation an current conditions`-eject area III. APPLICANT CERTIFICATION (Check Either Adverse Effect or No Adverse Effect for Historic Property Affected category) Findings (Check One) ^x No historic properties will be affected (i.e., none are present or there are historic properties present but the project will have no effect upon them) and adequate documentation under 800.11 is provided, including: 1) A description of the undertaking, specifying the Federal involvement, and its area of potential effects, including photographs, maps, drawings, as necessary and 2) A description of the steps taken to identify historic properties, including, as appropriate, efforts to seek information pursuant to 800.4(b) and 3) The basis for determining that no historic properties are present or affected. I understand that the SHPO has 30 days from receipt to object to the finding, after which the applicant's responsibilities under Section 106 of the Historic Preservation Act are fulfilled. ^ An historic property will be affected for which documentation is provided as required in 36 CFR Part 800.11(e) and, in applying the criteria of adverse effect under 800.5, propose that the project be considered to have (Check One): ^ A No Adverse Effect under which, in consultation with the SHPO, the project will be modified or conditions imposed to avoid adverse effects. I understand that failure of the SHPO to provide a dated response within 30 days from receipt to the finding shall be considered agreement of the SHPO with the finding ^ An Adverse Effect is found and the applicant, or other federally authorized representative, will consult with the SHPO and other consulting parties to resolve the adverse effect under 800.6 Federally Authorized Signature: Date: Type name below ~ Laura Carstens Agree with the finding in section III above (move to reader's file) ^ See attached follow-up letter Object to the finding for reasons indicated in attached letter Cannot review until information is sent as follows: Authorized Signature: Date: IOWA DEPARTMENT OF NATURAL RESOURCES Section III -General Provisions Wallace State Office Building Des Moines, Iowa 50319-0034 LAND AND WATER CONSERVATION FUND PROJECT PROPOSAL Part I APPLICANT AGENCY: City of Dubuque TYPE OF PROJECT: Contact Person: Laura Carstens Acquisition: Title: Planning Services Manager Development: X Street/PO Box: 50 W. 13~' Street Combination: City/Zip Code: Dubuque, IA 52001 Telephone #: 563-589-4210 Federal ID #: 42-6004590 * Complete Part II of Application. PROJECT TITLE: ESTIM. STARTING DATE: EB L ons Center Ex ansion July 2008 TOTAL PROJECT COST: $ 1,768,557 ESTIM. COMPLETION DATE: Breakdown of Project Costs March 2009 Total Federal Share: $ 175,000 Total Local Share: $ 1,593,557 PREVIOUS LWCF GRANTS ON SOURCE: PROJECT SITE? Appropriations: $ 100,000 Bonds: $ 0 Yes * X No Tax Levies: $ 0 Donations: $ 318,620 * List Project Numbers: Other (Explain): $ 1,274,937 (cash, 19-00421 -used for purchase pledges, grants) OWNERSHIP OF PROJECT SITE: Date Project Site was Acquired: 1973 (For Development Projects Only) If after January 2, 1971, was acquisition in compliance with Public Law 91-646? Yes X No (Uniform Relocation Assistance Act of 1970) SIGNATURE: TITLE: Plannin Services Mana er By signing this proposal, the applicant agrees to the Federal terms and conditions contained in this A lication and the attached General Conditions. Section III -General Provisions LAND AND WATER CONSERVATION FUND PROJECT PROPOSAL ACQUISITION SCHEDULE Part II Code* Parcel # Acres Estimated Estimated Value Estimated Value Total Date of of Land to be of Improvements Estimated Ac uisition Ac uired to be Ac uired Cost Total Acres 0 Total Cost $0 *Code: 1. =Negotiated Purchase 2. =Condemnation 3. =Donation One Appraisal is required on each acquisition. Contact the Budgets & Finance Bureau of the Iowa Department of Natural Resources prior to conducting an appraisal to receive the appropriate appraisal guidelines. Appraisals will not be returned. The appraisal(s) must be approved by the state before any firm offer to buy is made to the land owner. Two copies of the offer to buy or sell, purchase contracts, or options are required on all acquisitions. 1. Will acquisition included in this proposal cause the displacement of individuals, families, businesses or farms? Yes No Number of: Individuals: Families: Businesses: Farms: 2. Anticipated income from project site during project period: $ 3. The (applicant) agrees to comply with the terms and intent of P.L. 91-646, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970). ~~ LAND AND WATER CONSERVATION FUND ~~ Section III -General Provisions PROJECT PROPOSAL ENVIRONMENTAL IMPACT ASSESSMENT AND PROJECT NARRATIVE Part III Use the following outline for your project proposal narrative. Address each item thoroughly. I. DESCRIPTION OF THE PROPOSED PROJECT: A. Location of the Project Site (Two (2) signed and dated maps, to include legal description and acres -address each requirement as described on page 18 for maps). B. Scope of the Proposed Project: C. Purpose of Proposed Project: D. Project Justification: E. Environmental Mitigation: F. Interrelationship with other Federal, State or Local Projects: G. Relationship to Statewide Comprehensive Outdoor Recreation Plan (SCORP) -Available on DNR Website 2. DESCRIPTION OF THE ENVIRONMENT: A. Of the Region: B. On the Project Site: C. Probable Future Environment of the Project Site and its Surroundings without Implementation of the Proposed Action: D. Environmental Intrusions: E. Historic -Archaeological -Architectural Features: 3. THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION (Both Positive & Negative, See Section I, page 5 of this Guideline Booklet): 4. PUBLIC PARTICIPATION IN FORMULATION OF PROJECT PROPOSAL: 5. CONSIDERATION GIVEN TO MINORITIES, ELDERLY AND HANDICAPPED: 6. RESERVATIONS OR EASEMENTS: 7. FACILITIES OR IMPROVEMENTS ON PROJECT SITE: 8. NON-RECREATIONAL USES ON PROJECT SITE: 9. AGREEMENTS OR ARRANGEMENTS TIED TO PROJECT SITE: LAND AND WATER CONSERVATION FUND PROJECT PROPOSAL Section III -General Provisions RESOLUTION ON ACQUISITION OR DEVELOPMENT FOR OUTDOOR RECREATION County: _Dubuaue WHEREAS, the _Ci of Dubu ue Iowa is interested in acquiring lands or developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of Ci of Dubuque, Iowa and the State Iowa. Project Title: _E.B. Lyons Interpretive Center Expansion Total Estimated Cost: $ Brief Description of Project: The E.B. Lyons Interpretive Center serves as a visitor information center and park office for the Mines of Spain. It currently serves over 200,000 visitors annually. Continued success and growth in interpretation and education are significantly inhibited by current space limitations. Expansion of the Interpretive Center will double its size, create more space for interpretation and education, and make it accessible. AND, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities, NOW THEREFORE, be it resolved by the _ City Council of the City of Dubuque, Iowa that the project described above be authorized, AND, be it further resolved that said _ City of Dubuque make application to the Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National Park Service in the amount of % of the actual cost of the project in behalf of said _ Ci of Dubuaue , AND, be it further resolved that said City of Dubuque certifies to the following: 1. That is will accept the terms and conditions set forth in the NPS Grants-in-Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 3. That is has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said _ City of Dubuque for public outdoor recreational use. 4. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cos sharing. THIS IS TO CERTIFY that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City Council of the City of Dubuque, Iowa at a legal meeting held on this day of ,20 (signature) (signature) Ci , Clerk (title) (title) LAND AND WATER CONSERVATION FUND PROJECT PROPOSAL DEVELOPMENT ON LAND ACQUIRED WITHOUT FEDERAL ASSISTANCE Section III -General Provisions (DEVELOPMENT PROJECTS) If park lands were acquired without federal assistance after January 2, 1971, one of the following criteria must be met in order to be eligible for federal LWCF assistance: 1. If the acquisition occurred within two years immediately preceding the date the grant application is submitted to the department, the applicant must provide documentation to prove hat it complied with the provisions of P.L. 91-646 (Uniform Relocation Assistance) unless the applicant can provide documented evidence that at the time of acquisition, planning activity to obtain LWCF assistance had not been initiated. 2. If the acquisition occurred more than two years but less than five years immediately preceding the date the grant application is submitted to the department, the applicant must provide documentation to prove that it complied with the provisions of P.L. 91-646 unless the following certification can be provided by the head of the applicant agency as part of the project application: I, Laura Carstens, _Planning Services Mana e~ty of Dubuque, Iowa (Print Name) (Print Title/Agency) hereby certify, under penalty for willful misstatement (18 U.S.C. 1001) that at the time of the acquisition and last known displacement on the project lands for which this federal financial assistance is being sought, no planning had been initiated by this agency to obtain this financial assistance. (Signature) (Date) If the acquisition occurred more than five years immediately preceding the date the grant application is submitted to the department, no documentation regarding P.L. 91-646 need be provided unless the department or the National Park Service has evidence to indicate that at the time of the acquisition, the applicant had initiated planning activity to obtain the particular grant being applied for. II LAND AND WATER CONSERVATION FUND II PROJECT AGREEMENT GENERAL PROVISIONS 3/01 Part I -Definitions Section III -General Provisions A. The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior. B. The term "Director" as used herein means the Director of the National Pazk Service, or any representative lawfully delegated the authority to act for such Director. C. The term "Manual" as used herein means the Land and Water Conservation Fund Grants Manual (NPS-34). D. The term "project" as used herein means a single project, a consolidated grant, a project element of a consolidated grant, or project stage which is subject to the project agreement. E. The term "State" as used herein means the State or Territory which is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" aze deemed synonymous. F. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. Part II -Continuing Assurances The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistance project creates an obligation to maintain the property described in the project agreement consistent with the Land and Water Conservation Fund Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use moneys granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A. The State agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will further impose these requirements, and the terms of the project agreement, upon any political subdivision or public agency to which funds aze transferred pursuant to the project agreement. The State also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. B. The State agrees that the property described in the project agreement and the signed and dated project boundary map made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary shall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair mazket value and of reasonably equivalent usefulness and location. This replacement land becomes subject to Section 6(f)(3) protection. The approval of a conversion shall be at the sole discretion of the Secretary, or his designee. Prior to the completion of this project, the State and the Director may mutually alter the azea described in the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired pazcels are afforded Section 6(f)(3) protection as Fund reimbursement is provided. In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of property subject to reversionary interests with full knowledge of those reversionary interests, conversion of said property to other than public outdoor recreation uses as a result of such reversionary interest being exercised is approved. In receipt of this approval, the State agrees to notify the Service of the conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions. The State further agrees to effectuate such replacement within a reasonable period of time, acceptable to the Service, after the conversion of property takes place. The provisions of this pazagraph are also applicable to: leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Service; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Service. C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and Section III -General Provisions resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement. D. The State agrees to comply with the policies and procedures set forth in the Land and Water Conservation Fund Manual. Provisions of said Manual are incorporated into and made a part of the project agreement. E. The State agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by Manual requirements. F. The State agrees that a permanent record shall be kept in the participant's public property records and available for public inspection to the effect that the property described in the scope of the project agreement, and the signed and dated project boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. G. Nondiscrimination By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination asoutlined in the Civil Rights Assurance appearing at Part III-I herein. 2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual. Part III -Project Assurances A. Applicable Federal Circulars The State shall comply with applicable regulations, policies, guidelines and requirements including OMB Circular A-102 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments), 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior), A-87 (Cost Principles for State and Local Governments), and A-128 (Audits of State and Local Government) as they relate to the application, acceptance and use of Federal funds for this federally assisted project. B. Project Application 1. The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required, 3. The State has the ability and intention to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. C. Project Execution The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination. For project elements added to a consolidated grant, the project period will begin on the date the project element is approved. 2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover administrative expenses. 3. The State will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. Section III -General Provisions 4. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 5. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 6. In the event the project covered by the project agreement, including future stages of the project, cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or his designee. 7. The State will provide for and maintain competent and adequate azchitecturaUengineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require. 8. The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 9. The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands. 10. The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any azea that has been identified as an area having special flood hazazds by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 11. The State will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project aze not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify the NPS of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. The State agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. The State further agrees to insert this clause into any contract or subcontract in excess of $100,000. 12. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that aze subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 13. The State will comply with Executive Order 12432, "Minority Business Enterprise Development as follows: (1) Place minority business firms on bidder's mailing lists. (2) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or services. (3) Where feasible, divide total requirements into smaller needs, and set delivery schedules that will encourage participation by these firms. (4) For any project involving $500,000 or more in grant assistance (except for projects involving acquisition only) the State or recipient shall submit, prior to the commencement of construction and every fiscal year quarter thereafter until project completion, reports documenting the efforts to hire minority business firms. These reports, SF 334, will be submitted one month following the end of each fiscal quarter (i.e., January 31, Apri130, July 31, and October 31) to the appropriate National Pazk Service Regional Office. Section III -General Provisions (5) The Department of the Interior is committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. The National Park Service Regional Offices will work closely with the States to ensure full compliance and that grant recipients take affirmative action in placing a fair shaze of purchases with minority business firms. 14. The State will comply with the intergovernmental review requirements of Executive Order 12372. D. Construction Contracted for by the State Shall Meet the Following Requirements: 1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior). 2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions appeazing at Part III-J herein. 3. In accordance with the "Stevens Amendment" (to Section 623 of the Treasury, Postal Service and General Government Appropriations Act), for procurement of goods and services (including construction services) having an aggregate value of $500,000 or more, the amount and percentage (of total costs) of federal funds involved must be specified in any announcement of the awarding of a contract. E. Retention and Custodial Requirements for Records 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 43 CFR Part 12 for a period of three yeazs; except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditure report for the project or the consolidated project element. 3. State and local governments aze authorized to substitute microfilm copies in lieu of original records. 4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. F. Project Termination 1. The Director may temporarily suspend Federal assistance under the project pending con•ective action by the State or pending a decision to terminate the grant by the Service. 2. The State may unilaterally terminate the project or consolidated project element at any time prior to the first payment on the project or consolidated project element. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal shaze of the noncancelable obligations, properly incurred by the grantee prior to termination. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Pazk Service be returned. Section III -General Provisions G. Lobbvine with Aooronriated Funds The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows: The undersigned certifies, to the best of his or her knowledge and belief, that (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certiftcation be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall cert~ accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. H. Provision of a Drug-Free Workplace In compliance with the Drug-Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows: The grantee certifies that it will or continue to provide a drug free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph (a); (d) Not~tng the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant (n Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted,• Section III -General Provisions (/) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended,• or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (~ Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (~. The State must include with its application for assistance a specification of the site(s) for the performance of work to be done in connection with the grant. I. Civil Rights Assurance The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.SC. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to a[1 aspects of the applicant s operations including those parts that have not received or benefitted from Federal ftnancial assistance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal ftnancial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant. J. Debarment and Suspension Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Transactions (1) The prospective primaryparticipant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of arty of the offenses enumerated in paragraph (1)(b) of this certiftcation; and (d) Have not within a three year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certiftcation, such prospective participant shall attach an explanation to this proposal. Section III -General Provisions The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier participants in the implementation of this grant. Department of Interior Form 1954 (DI-1954) may be used for this purpose. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this application that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certiftcation, such prospective participant shall attach an explanation to this application. In addition to applicable state and local laws, and regulations, the state, grantee and any contractors hired to construct a project for this agreement must comply with the following federal legislation: 1. Rehabilitation Act of 1973. 2. Americans with Disabilities Act of 1990. 3. National Environmental Policy Act of 1969 (P.L. 91-190). 4. Federal Water Pollution Control Act of 1972. 404 permit through Corps of Engineers. 5. Endangered Species Act of 1973 (P.L. 93205). 6. Copeland Anti-Kickback Act. Construction projects must comply with this Act U.S. Department of the Interior Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced below for complete instructions: Certification Regazding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions - The prospective primary participant further agrees by submitting this proposal that it will include the clause titled, "Certifcation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. See below for language to be used; use this form for certification and sign; or use Department of the Interior Form 1954 (DI- 1954). (See Appendix A of Subpart D of 43 CFR Part 12.) Certification Regazding Debazment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions - (See Appendix B of Subpart D of 43 CFR Part 12.) Certification Regazding Drug-Free Workplace Requirements - Alternate I. (Grantees Other Than Individuals) and Alternate IL (Grantees Who aze Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signature on this form provides for compliance with certification requirements under 43 CFR Parts 12 and 18. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Departrnent of the Interior determines to awazd the covered transaction, grant, cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions CHECK X IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE. (I) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly chazged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and Section III -General Provisions (d) Have not within athree-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions CHECK X IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declazed ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. DI-2010 March 1995 (This form eonaolidatq DI-1953, DI-1954, DI-1955, DI-1956 and DI-1963) PART C: Certification Regarding Drug-Free Workplace Requirements CHECK X IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL. Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by pazagraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendaz days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification numbers(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; -14- Section III -General Provisions (g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a) (b), (c), (d), (e) and (f). B. The grantee may insert in the space provided below the sites for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) City of Dubuoue 50 W. 13~' Street Dubuoue, Iowa 52001 Check X_if there are workplaces on file that are not identified here. DI-1010 March 1995 (This form consolidates DI-1953, DI-1954, DI-1955, DI-1956 and DI-1963) PART D: Certification Regarding Drug-Free Workplace Requirements CHECK X IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVID UAL. Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendaz days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. PART E: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements CHECK X IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS $100, 000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT, SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT. CHECK X IF CERTIFICATION IS FOR THE AWARD OF A FEDERAL LOAN EXCEEDING THE AMO UNT OF $150, 000, OR A SUBGRANT OR SUBCONTRACT EXCEEDING $100, 000, UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awazding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federa( contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the awazd documents for all subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. -15- Section III -General Provisions Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the authorized certifying official, I hereby certify that the above specified certifications are true. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TYPED NAME AND TITLE Laura Carstens, Planning Services Manager DATE DI-2010 March 1995 (This form consolidates DF1953, DF1954, DI-1955, DI-1956 and DI-1963) -16- 1. DESCRIPTION OF THE PROPOSED PROJECT: A. Location of the Project Site (Two (2) signed and dated maps, to include legal description and acres -address each requirement as described on page 18 for maps). The Mines of Spain State Recreation Area consists of 1,387 acres of forest and prairie along the Mississippi River in Dubuque County near the city of Dubuque. The Mines of Spain State Recreation Area includes woodlands, prairie, and blufflands that overlook the Mississippi River along a 3-mile shoreline. Trails connect visitors to a farm site, forests, prairies, archeological sites, and wetlands. This state park is a National Historic Landmark and a state preserve. Access to the Mines of Spain is off U.S. Highway 52 South, which intersects with U.S. Highways 61 & 151 on the south side of Dubuque. The E.B. Lyons Interpretive Center serves as a visitor information center and park office for the Mines of Spain. The Interpretive Center is located at 8991 Bellevue Heights Road in Dubuque County. Access is off U.S. Highway 52 South. The legal description is: NE '/4 of SE '/4 of Section 1, T88N, R2E of the 5~' P.M.; Lots 2 and 3 of NW '/4 of SW '/a, Lots 2 and 3 of the NE '/o of the SW '/a, and Lot 2 of Lot 1 of the SW '/4 of the SW '/4 of Section 6, T88N, Range 3E of the 5`~' P.M. in Dubuque County, Iowa. B. Scope of the Proposed Project: The Iowa Department of Natural Resources (IDNR) owns and manages the Mines of Spain, which was protected as a State Recreation Area in 1981. As such, removal or defacement of plant life (with some exceptions), other types of natural features such as bird nests and rock formations, and cultural features such as Native American artifacts and mounds is prohibited. The Mines of Spain also contains the 600- acre Catfish Creek State Preserve. The Friends of the Mines of Spain is anon-profit corporation whose mission is to inform and educate the public on nature, ecology, conservation, greenbelt concept, natural history, archeology, and current events pertaining to the Mines of Spain. The E.B. Lyons Interpretive Center and 34 acres of surrounding land is owned by the City of Dubuque. The Center is managed by the Iowa Department of Natural Resources. The Friends of the Mines of Spain assists the Park Staff with administration of the Mines of Spain and the Interpretive Center. It currently serves over 250,000 visitors annually and provides hundreds of programs for school aged children, youth groups and families. Colleges in the Dubuque area such as University of Dubuque, Loras College, Clarke College as well as the University of Wisconsin in Platteville utilize the Center for their students. Demand has continued to increase over the years for more programs and services. Burgeoning interest in the rich history of the area and growing awareness of the significance of the Mississippi River and its watershed has created greater demands on the Center. Continued success and growth in interpretation and education are significantly inhibited by current space limitations. We would like to expand the current Center to include more space for interpretive and educational purposes. With expansion, many more visitors would be served and new programs implemented. The expansion would include: (1) An auditorium for programs, special events and meetings; (2) A biology lab and classroom for visitors and school programs ranging K-12; (3) Creation of new exhibits and displays for visitors to explore the science and history of the region; and (4) A library/reference room to house field identification books, historic documents, DVDs, videos, and reference materials. The $1.5 million 6,300 square foot expansion will double the size of the Center and make it ADA accessible. C. Purpose of Proposed Project: Introduction The expanded E.B. Lyons Interpretive Center will serve as the interpretive center for hands on learning about the environment, habitats, culture and wildlife that is a part of the Mines of Spain State Recreation area and the Upper Mississippi River Region. This expanded facility will showcase many facets of the Upper Mississippi River Region through interactive displays, class room space, and an expanded library of resources. A critical partner to the National Mississippi River Museum and Aquarium in Dubuque, this new interpretive center will offer visitors the opportunity to continue to interact with nature. Objectives The E.B. Lyons Interpretive Center strives to enhance a regional destination where visitors and residents can reconnect with nature by experiencing the natural, cultural and ecological aspects of the environment through interactive learning at a large, state of the art facility that provides meeting and learning space while showcasing artifacts, animals and educational materials to provide a comprehensive learning experience. Our objectives with the expanded Center are: • Create an atmosphere that promotes learning through natural, interactive displays. • Create a space where environmental and educational groups can gather, meet and learn. • Enhance the class room experience by providing school children from around the region with a hand's on learning experience. • Build environmental and cultural awareness and respect • Build on the experience at the National Mississippi River Museum and Aquarium by connecting two natural and interactive area attractions. • Provide positive experiences for visitors • Heighten awareness of conservation and the environment • Increase group business, especially from regional and national environmental groups The 1,387-acre Mines of Spain State Recreation Area has served as a focal point for environmental and cultural educational programs and interpretive activities for the tri-state area of Iowa, Illinois, and Wisconsin for many years. Burgeoning interest in the rich history of the tri-state area and growing awareness of the significance of the Mississippi River and its watershed has created greater demands for exhibits and educational programming. Demand has increased over time for more programs and services. Continued success and growth in visitation, interpretation and education are significantly inhibited by current space limitations. The planned expansion of the E.B. Lyons Interpretive Center at the Mines of Spain will double its size and create more space for interpretation and education. D. Project Justification: The primary objectives of the E.B. Lyons Interpretive Center Expansion are: to increase visitation, to enhance interpretation, to expand educational opportunities, and to build partnerships at this National Historic Landmark. By achieving the primary objectives of the Interpretive Center Expansion, the results will be: ^ Updated and expanded interpretive and educational exhibits, displays, facilities and materials; ^ Creation of new exhibits and displays for visitors to explore the science, culture and history of the region; ^ Telling the story of the Mines of Spain in a variety of accessible formats: curriculum-based field studies for school groups, workshops, seminars, publications (brochures, tour guides, maps), educational materials, indoor and outdoor exhibits, signs, audio-visual materials, and an enhanced website; ^ A library stocked with field identification books, historic documents, DVDs, videos, and other reference materials; ^ Attracting and serving more visitors from the community, tri-state area, the Midwest, the nation, and the world; ^ Increasing awareness, appreciation, and stewardship of the park's historic, cultural and natural resources; and ^ Fostering alliances and collaboration with public agencies, private organizations, and other key stakeholders Vision for Expansion The Friends of the Mines of Spain is seeking private, state and federal funds to expand the E. B. Lyons Interpretive Center at the Mines of Spain State Recreation Area to include more space for educational purposes. The expansion would double the existing center, adding an auditorium for programs and events, a biology lab for school programs, a library for reference and educational materials, and new exhibits interpreting the science and history of the region. With the E.B. Lyons Interpretive Center Expansion, we envision an increase of interpretive programs, an increase in visitation, and an increase in partnerships with other organizations that are interested in the future of the tri-state area's historical, archeological, and natural resources. The outcome will be to provide a place for expanded education, a greater variety of experiences for the visitor and a focus on environmental stewardship and sustainability. We look to create an atmosphere for heritage tourism to attract more visitors to the community and to the park. New and updated exhibits will provide information on nationally significant historic, archeological, cultural and natural features at the Mines of Spain. The expansion will include an entrance to the Center with a welcome area and ADA (Americans with Disabilities Act) compliant restrooms, as well as an outdoor courtyard. The welcome area will be open all year -- even when the Center is closed. It will include a large regional map of the area depicting the many diverse geographical features of the area. It will also provide maps to the hiking trails and landmarks located on the 1,387 acre Recreation Area. An audio visual component will be in place to assist the visitor in selecting specific areas of interest in the region. The Center's expansion will enable individuals, school groups, tour groups, and people of all ages to enjoy and explore the park's prehistoric, historic, cultural and natural features while instilling appreciation for preservation of these historic and archeological resources and cultural assets. E. Environmental Mitigation: The IDNR Park staff and the Friends of the Mines of Spain have received environmental clearance from the State Historic Preservation Office for construction of the 6,300 square foot addition and related improvements for the E.B. Lyons Interpretive Center expansion. F. Interrelationship with other Federal, State or Local Projects: The E.B. Lyons Interpretive Center Expansion implements the goals of the IDNR's 1991 Mines of Spain Master Plan: 1. To protect and enhance the site's unique, rare and significant cultural and natural resources. These include geological, historic, scenic, wildlife and vegetative resources. 2. To develop and promote facilities and programs that interpret the significance of the site's resources and to increase visitor understanding and appreciation of the natural and cultural heritage represented there. 3. To maximize multiple-use recreation facilities and opportunities consistent with the area's resources. 4. To manage the site for examples of pre- and post-settlement vegetation and for the enhancement of both non-game and game wildlife populations. This project has received a National Scenic Byways Grant from the Federal Highway Administration, as a pass-through grant from the Iowa Department of Transportation. The grant will enable the expanded facility to serve as an interpretive center for the Great River Road Corridor. The expansion will fulfill six out of the seven goals in the 2006 Iowa Great River Road Corridor Management Plan: ^ It will increase the identification and protection of the resources along the Great River Road. ^ It will expand local citizen awareness of the resources and importance of the Great River Road. ^ It will provide new travel experiences through effective interpretation and promotion of the Great River Road - by encouraging exploration and interpretation of the statewide natural resources. ^ It will increase information services to residents and organizations -with maps, audio visual options and the vast variety of program resources the rest of the Center will provide. ^ It will foster alliances with other organizations that are interested in the future of the Great River Road and develop partnerships as well - by sharing information on these organizations and encouraging the visitor to utilize their resources. ^ It will continue to identify and build the many volunteer opportunities for individuals and organizations - by increasing the number of volunteers that provide services to the Center and Recreation Area. The Mines of Spain Recreation Area was designated in 2005 as a Silos and Smokestacks National Heritage Area site. The expansion supports the following themes and sub-categories of the Silos and Smokestacks National Heritage Area (SSNHA) Interpretive Plan in telling the story of Iowa agriculture or agribusiness: ^ The Fertile Land: Landforms, Prairie, Communities, Farms and Weather ^ Farmers & Families: American Indians and Early Settlement ^ The Changing Farm: Products, Farmsteads, Iowa and the World, and Conservation In addition, this project will support the SSNHA in the following ways: ^ It will increase the identification and protection of the resources in the National Heritage Area. ^ It will expand local citizen awareness of the resources and importance of the National Heritage Area. ^ It will provide new travel experiences through effective interpretation and promotion of the National Heritage Area - by encouraging exploration and interpretation of the historical, cultural, natural resources. ^ It will increase information services to residents and organizations -with maps, audio visual options and the vast variety of program resources the Mines of Spain will provide. ^ It will foster alliances with other organizations that are interested in the National Heritage Area and develop partnerships as well - by sharing information on these organizations and encouraging the visitor to utilize their resources. ^ It will continue to identify and build the many volunteer opportunities for individuals and organizations - by increasing the number of volunteers that provide services to the Mines of Spain and National Heritage Area.. The Center expansion also supports goals and objectives of the City of Dubuque's 2002 Comprehensive Plan as follows: Cultural Arts Element Goal 6. To safeguard the cultural and historic resources of the community as critical to the quality of life and the attractiveness of Dubuque. Objectives: 6.1 Promote the preservation of historic buildings and architectural resources in the community. 6.2 Educate the community about the benefits of historic preservation to the community's quality of life, economic development efforts, tourism and tax base enhancement. 6.3 Explore, preserve and interpret for present and future generations, the history of Dubuque and the Mississippi River. 6.4 Increase appreciation, education, technical assistance and funding for the community's historical and architectural heritage. Environmental Quality Element Goal 7. To promote the protection, preservation and enhancement of the biodiversity of the city's bluffs, prairies, wetlands, waterways and all natural areas. Objectives: 7.1 Identify, restore, and protect areas of rare, native and sensitive habitat (including prairies and woodlands) with concern to the evolving understanding of management techniques. 7.2 Encourage environmentally appropriate public use of, and access to, the community's bluffs, wetlands and waterways. 7.3 Enhance protection and restoration of these sensitive areas as development and redevelopment occurs, including along the riverfront. The park also works with juveniles through the Four Oaks Treatment Center and the Juvenile Courts System in Dubuque. The emphasis of the programs is to have the youth work on savanna and prairie restorations and work on restoration projects involving archeological sites including farm sites. G. Relationship to Statewide Comprehensive Outdoor Recreation Plan (SCORP) -Available on DNR Website The project meets several goals of the IDNR's 2006 State Conservation and Outdoor Recreation Plan: ^ Tie recreational opportunities with other attractions and facilities and promote these cooperatively to attract visitors, both in state and out of state. ^ Develop partnerships between various agencies, special interest groups and government organizations, state and federal, to best preserve and promote outdoor recreational opportunities. ^ Educate all ages, with an emphasis on the young, in outdoor skills and stewardship ethics. ^ Manage lands and waters of various ecological communities and landforms carefully as nature preserves to be left in their present state, studied and appreciated by present and future generations. ^ Recreational developments should be appropriate uses of the particular land area and should incorporate the needs of protecting sensitive natural areas. ^ Need to define and preserve areas to remain primitive, areas that are resources to the state, nation and world. Protect representative landscapes in each landform region. ^ Focus on education of Iowans in order to increase the awareness and the appreciation of our natural resources. This includes everyday citizens and professionals in recreation and land management. ^ Need to develop and renovate existing facilities to ensure there is equal access for all users (person with disabilities) and ensure that all new projects will provide equal access. Need to focus not only on new developments, but minimizing the deterioration of existing facilities and ADA compliance of existing facilities. ^ Future recreational opportunities should focus on attracting people of all ages to Iowa and promote improving the health and wellness of Iowa. 2. DESCRIPTION OF THE ENVIRONMENT: A. Of the Region: The Mines of Spain is located in close proximity to the Mississippi River which features 2,400 miles of habitat for numerous species, including some threatened and endangered species. There are significant archeological features in the parksite. The park is located in the river valley below Dubuque's bluffs, the globally significant Driftless Region. Dubuque is approximatley the midpoint for the Upper Mississippi River Fish & Wildlife Refuge. The park is generally bounded by the Mississippi River on the east, Catfish Creek on the north, and Granger Creek on the west. There is significant tree cover on the site of the E.B. Lyons Interpretive Center expansion. However, construction and operation on the site would provide no impact. The E.B. Lyons Interpretive Center is a visitor information center and park office for the Mines of Spain. Displays and exhibits provide information about the history and features of the park. The expansion of the Center represents a major effort to preserve and maintain one of the most valuable resources in the area. Some of these resources include: 3 miles of Mississippi River shoreline, 20 miles of hiking trails, 5 miles of cross country ski trails, 4 interpretive trails, 252 archaeological sites, historical monuments and a variety of wildlife. It also boasts some of the most diverse ecological habitats ranging from blufflands that overlook the river to 320+ acres of tall grass prairies, 959+ acres of forested woodlands and 18 acres of wetland. It is home to 468 plant species, 37 animal species, and 213 bird species. The site features Julien Dubuque Monument, Horseshoe Bluff, Catfish Creek, and countless lead mines. The Mines of Spain includes a variety of interesting land forms, plant species and communities, animals and water types. A large portion of the area is rugged, wooded Mississippi River bluffland. While much of the original timber along the River was logged off during the steamboat era (1865-1880), portions of the Mines of Spain were left untouched, leaving us with burr oak trees today that are over 250 years old. Portions of the park have seen diverse use over the years: cattle grazing, row cropping, logging, and mining and quanying. Other portions remain much as they were when Julien Dubuque arrived. Sixty acres has been left in farming in the south end of the park to create a feeling that farming had an important role historically in the park. The farm land is also left in the park to protect archeological features and provide wildlife habitat. The tall grass prairies, hill top prairies and savanna areas are burned on a five year rotation. Plans are to restore five savanna areas that lay adjacent to prairies sites. Several improvements are outlined in the Park Master Plan. These include the recreation of the Mesquakie Indian Village, a miner's cabin, and telling the stories of the prehistoric era, farming, mining and Julien Dubuque. Interpretation of the pre-settlement vegetation that existed before settlers arrived, and post-settlement vegetation that is a result of human disturbance or occupation will be provided. The changing wildlife populations through time will be interpreted to connect human activities to the environment. B. On the Project Site: At the heart of the Mines of Spain is the E.B. Lyons Interpretive Center which opened in 1976. This unique structure was architecturally designed to blend into the natural setting of wooded prairie and bluffland. Most important, it has served as a focal point for environmental and cultural educational programs and interpretive activities at the Mines of Spain for over 30 years. Current annual visitation level at the Mines of Spain and E.B. Lyons Interpretive Center is approximately 250,000. ^ There are five nature/history walks within the park, including those at the Interpretive Center and another at the Horseshoe Bluff Site. Other trails provide a wide range of opportunities for visitors to view Mines of Spain on old winding logging roads, to view limestone bluffs, scenic overlooks, and to enjoy a hike through forests and prairie. Programs are offered year-round on topics pertaining to nature and human cultures associated with the Mines of Spain. C. Probable Future Environment of the Project Site and its Surroundings without Implementation of the Proposed Action: D. Environmental Intrusions: The farm sites have been cleared of non-historical items according to State Historic Preservation (SHPO) standards and trees and brush are kept cleared and to a minimum. The foundations at the Otto Junkermann Farm site have been rebuilt to outline the buildings. Foundations and existing remnants on other farm sites in the park are kept in good condition to provide for additional studies. Indian mounds are currently being cleared of brush and trees to prevent the uprooting of artifacts. The mounds will either be burned or mowed for management of the vegetation in the future. Other archeological sites have been planted to native prairie to bring back a historic landscape and others that are within the forested areas have been left untouched. The plan for future management of the entire area is to leave the archeological sites undisturbed, unless SHPO authorizes development. The park plans to record GPS (Global Positioning System) readings of all archeological sites and record on a spreadsheet the historical dates that pertain to each. The objectives of reestablishing vegetation on cropland are to reduce erosion, create wildlife habitat and reconstruct examples of original native vegetation. The current management has been to replace most of the farm grounds and restore them to native prairie to create a landscape that dates back to the 1700's. E. Historic -Archaeological -Architectural Features: The Mines of Spain State Recreation Area includes woodlands, prairie, and blufflands that overlook the Mississippi River along a 3-mile shoreline. This National Historic Landmark preserves rare riverfront habitat and also contains thousands of years of human history dating from the early Mississippian period through the early 20`~ century. The earliest known inhabitants of the Mines of Spain were the Mesquakie. Their village was located at the mouth of Catfish Creek, just south of where the Julien Dubuque Monument now stands. From this site, the Mesquakie carried on a fur trade with French voyagers. They worked the lead mines from prior to the Revolutionary War. There is evidence of prehistoric Native American cultures, some dating back as much as 8,000 years. Mounds, village sites, rock shelters, trading post sites, and campsites dot the landscape. Julien Dubuque was the first European to settle in what is now Iowa in 1788. In 1796, he received a land grant from the Governor of Spain, which gave him perYnission to work the 189-square mile area owned by Spain and known as "Mines of Spain." Lead mining was a major part of this area's history, first by the Native Americans, and in later years (late 1830s through 1850s) by European miners and farmers. The Civil War renewed lead mining activity which waned after the war, but continued until 1914. The Mines of Spain includes a variety of interesting land forms, plant species and communities, animals and water types. A large portion of the area is rugged, wooded Mississippi River bluffland. While much of the original timber along the River was logged off during the steamboat era (1865-1880), portions of the Mines of Spain were left untouched, leaving us with burr oak trees today that are over 250 years old. Portions of the park have seen diverse use over the years: cattle grazing, row cropping, logging, and mining and quarrying. Other portions remain much as they were when Julien Dubuque arrived. National Historic Desi nag tions The Mines of Spain Area Rural Community Archeological District, Lead Mining Community Archeological District, and Prehistoric District, and the Dubuque Trading Post--Village of Kettle Chief Archeological District were listed in the National Register of Historic Places in 1988. In 1993, the Mines of Spain, which includes the Julien Dubuque Monument, was designated as a National Historic Landmark. The Mines of Spain Recreation Area was designated in 2005 as a Silos and Smokestacks National Heritage Area site. Local Desi nag t The Julien Dubuque Monument, built in 1897 on the site where Dubuque was buried, sits high above the Mississippi River and provides the "landmark" for the Mines of Spain. The Julien Dubuque Monument, owned by the State of Iowa, was listed in the National Register in 1988. It was protected as a City Landmark in 1993. 3. THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION (Both Positive & Negative, See Section I, page 5 of this Guideline Booklet): The expansion of the E.B. Lyons Interpretive Center is being managed by the IDNR. The State Historic Preservation Office has provided environmental clearance for the planned construction and related improvements at the project site. As a result, expansion of the E.B. Lyons Interpretive Center will not have any significant environmental impacts. Temporary environmental impacts of the project will be limited to those associated with construction: noise and dust associated with grading, excavation, well drilling, building renovation, new construction, and paving of parking spaces and walkways. These adverse impacts will be localized to the project site, with little impact off-site. Permanent environmental, economic, cultural, aesthetic and social impacts of the proposed project will be beneficial. No adverse permanent impacts are expected. 4. PUBLIC PARTICIPATION IN FORMULATION OF PROJECT PROPOSAL: Community support for the expansion has been verified through a professionally conducted feasibility study. The study concluded that the current space is inadequate to serve the increasing demand for programs in watershed education, environmental conservation and resource management. The Friends group is continually seeking public input and involvement in the project. Annually approximately 1,200 volunteers provide services to the Center and recreation area. This number will continue to grow with an expanded facility and an increase in programs and services, increasing the amount of public involvement in the Center and recreation area. 5. CONSIDERATION GIVEN TO MINORITIES, ELDERLY AND HANDICAPPED: With the expansion of the E.B. Lyons Interpretive Center, we envision an increase of interpretive programs, and an increase in visitation, so additional exhibits and displays would be needed. The outcome will be to provide a place for expanded education, increased experiences for the visitor and a facility for all to use in their ways. We look to create an atmosphere for heritage tourism to attract more visitors to the community and to the park. We look to create a stronger partnership with the Mississippi River Museum and Aquarium, Dubuque Audubon Society and regional school systems. The expansion and the complete renovation to the Interpretive Center will be an important asset for the area. New and updated exhibits will provide information on nationally significant historic, cultural and natural features which abound at the Mines of Spain. With the addition, the Center will be able to provide more interpretive programs, conduct biological studies, create a reference library, preserve and store artifacts, and create a facility that will have multiple interpretive and educational uses for everyone. The addition will provide a large exhibit area for permanent and traveling exhibits for interpretation of lead mining, Native Americans, historic farming techniques, and natural habitat. The expansion and the complete renovation to the Interpretive Center will help create a major interpretive exhibit and education program which tells the story of the Mines of Spain in a variety of formats: curriculum-based field studies for school groups, workshops, seminars, publications (brochures, tour guides, maps), educational materials, indoor and outdoor exhibits, signs, audio-visual materials, electronic media (enhanced website). The project include updating and expanding existing interpretive and educational exhibits, displays, facilities and materials, focusing on increasing awareness, appreciation, and stewardship of the park's historic and natural resources. The expansion will include an entrance to the Center with a welcome area and ADA compliant restrooms, as well as an elevator. The welcome area will be open all year -- even when the Center is closed. The project will enable individuals, school groups, tour groups, and people of all ages to enjoy and explore the park's prehistoric, historic, cultural and natural features while instilling appreciation for preservation of these historic and archeological resources and cultural assets. 6. RESERVATIONS OR EASEMENTS: The site on which the Center is located and the surrounding 34 acres were purchased in 1973 with a $10,000 LWCF Grant and local funds from the Edwin B. Lyons Estate. The purchase price was $28,000. As a result of the LWCF grant, there is a Notice of Use Restriction imposed by Federal law on the real estate restricting its use to public outdoor recreation uses. This Notice was recorded on July 9, 1993 with the Dubuque County Recorder. An easement was granted to Interstate Power Company on March 15, 1946, granting authority to operate and maintain lines for transmission of electric energy, including necessary poles, wires, guys, stubs, and other fixtures, over, across and upon Lot 3 of the NW '/4 of the SW '/4 and Lot 2 of Lot 1 of the SW '/4 of the SW '/a, both in said Section 6, "Said line to be located on private property beginning on the west line approximately 66' outside the north of the established highway along the south line of the above described Lot 3, thence southeasterly, to a point on the south line approximately 50' outside and east of the established highway along the west line of the above described Lot 2 of Lot 1. Together with the right, privilege and authority to trim or cut down any tree within 15' of each side of said lines which may interfere with the construction, operation, maintenance and removal thereof; and also the right to enter upon the above described premises at any and all times for the purposes above set forth." 7. FACILITIES OR IMPROVEMENTS ON PROJECT SITE: The E.B. Lyons Interpretive Center serves as a visitor information center and park office for the Mines of Spain. Displays and exhibits provide information about the history and features of the park. A bird and butterfly garden, native prairies, woodland flower gardens, hiking trails and the historic Otto Junkermann farm site are just some of the many attractions at and around the Center. The expansion of the Center represents a major effort to preserve and maintain one of the most valuable resources in the area. Some of these resources include 3 miles of Mississippi River shoreline, 14.5 miles of hiking trails, 5 miles of cross country ski trails, 4 interpretive trails, 252 archaeological sites, historical monuments and a variety of wildlife. It also boasts some of the most diverse ecological habitats ranging from blufflands that overlook the river to 320+ acres of tall grass prairies, 959+ acres of forested woodlands and 18 acres of wetland. It is home to 468 plant species, 37 animal species, and 213 bird species. The site features Julien Dubuque Monument, Horseshoe Bluff, Catfish Creek, and countless lead mines. Items such as books, archeological studies and projects that pertain to the cultural and historical aspects of the park are kept in the E. B. Lyons Interpretive Center to preserve information. Programs, exhibits, goods, services, and visitor amenities offered at the Mines of Spain and E.B. Lyons Interpretive Center are as follows: ^ Education Programs ^ Permanent Interpretive Exhibits ^ Temporary/Changing Exhibits ^ Outdoor Exhibits ^ Gift Store ^ Group Tour Program ^ Special Events ^ Workshops ^ Lecture Programs ^ Library ^ Hands-on Activities/Demonstrations ^ Hiking Trails ^ Vehicular, Motor Coach, and Bicycle Parking ^ Scenic Overlooks ^ Picnic Sites ^ Interpretive Signs ^ Public Restrooms 8. NON-RECREATIONAL USES ON PROJECT SITE: All uses on the site are passive recreational uses. There are no non-recreational uses on the project site. 9. AGREEMENTS OR ARRANGEMENTS TIED TO PROJECT SITE: The City of Dubuque owns the E.B. Lyons Interpretive Center, which opened in 1976, and 30 acres of surrounding land. The IDNR has operated the Center through a lease agreement with the City since 1983. The IDNR owns and manages the Mines of Spain, which was protected as a State Recreation Area in 1981. As such, removal or defacement of plant life (with some exceptions), other types of natural features such as bird nests and rock formations, and cultural features such as Native American artifacts and mounds is prohibited. The Mines of Spain also contains the 600-acre Catfish Creek State Preserve. The Friends of the Mines of Spain is anon-profit corporation whose mission is to inform and educate the public on nature, ecology, conservation, greenbelt concept, natural history, archeology, and current events pertaining to the Mines of Spain. The Friends group, governed by a Board of Directors annually elected by the membership, assists the Park Staff in the administering the Mines of Spain and the Interpretive Center. The Friends of the Mines of Spain assists the Park Staff with administration of the Mines of Spain and the Interpretive Center. The Friends of the Mines of Spain has an agreement with the IDNR for expansion of the E.B. Lyons Interpretive Center. The Natural Resource Commission (NRC) of the IDNR sets policy, adopts administrative rules and hears appeals in contested cases related to fish, wildlife, conservation law enforcement, park and forestry programs. The commission also approves or disapproves the acquisition or disposal of state lands and waters relating to state parks, recreational facilities and wildlife programs. NRC members are appointed by the Governor and confirmed by the Senate to staggered six-year terms.