Land_Water Conservation Fund Grant Application_E.B.Lyons CenterFields of Opportun~t-es
CHESTER J. CULVER, GOVERNOR
PATTY JUDGE, LT. GOVERNOR
March 23, 2009
CITY OF DUBUQUE
50 W. i3TH STREET
DUBUQUE, IA 52001
Re: Project.#19-01269, EB LYONS CENTER EXPANSION
Dear Grantee:
STATE O F I O VIA
DEPARTMENT OF NATURAL RESOURCES
RICHARD A. LEOPOLD, DIRECTOR
Enclosed please find your fully executed copy of your Land & Water Conservation Fund Grant
Agreement between the CITY OF DUBUQUE, and the Iowa Department of Natural Resources
for the EB LYONS CENTER EXPANSION project.
You must obtain clearance from the State Historic Preservation Office before beginning work on
the project. Once clearance is obtained, please keep your concurrence letter with your project
file. If you have any questions, please call 515-281-3013.
Sincerely,
liC~/-haw /L1r~i ~
Kathleen Moench
Budget and Finance Bureau
Enclosure
WALLACE STATE OFFICE BUfLDING /_502 EAST 9th STREET /DES MOINES, IOWA 50319
515-281-5918 FAX 515-281-6794 www.iowadnr.gov
IOWA DEPARTMENT OF NATURAL RESOURCES
LAND AND WATER CONSERVATION FUND PROGRAM
COUNTY: DUBUQUE
PROJECT NO.: 19-01269
PROJECT AGREEMENT
NAME OF PARTICIPATING AGENCY: CITY OF DUBUQUE
ADDRESS: 50 W. 13TH STREET
DUBUQUE, IA 52001
PROJECT TITLE: EB LYONS CENTER EXPANSION
PROJECT PERIOD: January 27, 2009 -December 31, 2013
PROJECT SCOPE: (Description of Project)
EXPANSION AND UPGRADING OF EXISTING EB LYONS INTERPRETIVE
CENTER BY DOUBLING THE SIZE OF THE CENTER AND ADDING
ADDITIONAL PARKING, LOCATED ON BELLEVUE HEIGHTS ROAD, CITY
OF DUBUQUE, IOWA.
PROJECT SEGMENT COVERED BY ~rtuS AGREEMENT:
PROJECT COST:
Total Cost $ 38,000.00
Fund (LWCF) amount not to exceed 50% .
Fund (LWCF) Amount $ 19000.00(50%)
Cost of this Segment $ 38,000.00
Assistance this Segment $ 19000.00
ATTACHMENTS:
1. General Provisions
(Dated:) March 1995
The State of Iowa, represented by the Director, Department of Natural Resources, and the local agency
named on the reverse side, mutually agree to perform this agreement in accordance with the Land and
Water Conservation Fund Act of 1965, 78 Stat. 897 (1964) as amended, with the general provisions
attached hereto and made a part hereof, and with the approved project proposal including attachments and
any amendment thereto which have been or will be submitted for this project.
The State hereby promises, in consideration of the promises made by the local agency herein, to take the
necessary steps and action and to attempt to enter an agreement and any necessary amendments to obtain
federal cost-sharing for that portion of the project cost referred to on the reverse side as "Fund Amount,"
to accept such funds from the United States and disburse the same to reimburse the local agency that
portion of the total project cost that is the United States' share. It is understood by the parties hereto that
this agreement shall not obligate State of Iowa funds for the project costs described herein, to execute the
project or project segment described on the reverse side in accordance with the terms'of the agreement. It
is further understood that incurred costs will not be reimbursed without written approval that such federal
funds have been encumbered.
The following special project terms and conditions were added to this agreement before the parties signed
it hereto:
A final billing for reimbursement shall be submitted to the State not later than 90 days
following the expiration of the project period. Failure to do so shall, at the discretion of the
State, be cause for termination of the project with no further reimbursement of funds.
The grantee shall comply with 43 CFR Part 12, Subpart B -Audit Requirements for State and
Local Governments.
ST I A ~ LOCAL AGENCY
B / ~ , B t'~t L~/~~~.
Y• ~~ Y•
'kichard A. LeopoJ~i!birector Signat
Iowa Department of Natural Resources
Roy D. Buol, Mayor
Name & Title:
1/27/09 42-600459
Date Federal ID #
LAND AND WATER CONSERVATION FUND
PROJECT PROPOSAL
RESOLUTION ON ACQUISITION OR DEVELOPMENT
FOR OUTDOOR RECREATION
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 Ci of
Dubuque, Iowa and the State Iowa.
Project Title: E.B. Dons Interpretive Center Expansion
Total Estimated Cost: $ $1,476,994
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 c 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 fmancial assistance from
the National Park Service in the amount of _10.1_% of the actual cost of the project in behalf of said _ Ci of
Dubuque ,
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 fmance 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 fmancial 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 fmancial records on the proposed project to substantiate claims for cost-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
,2
(signatur`e) (/ (signature)
Moor City Clerk
(title) (title)
THE CITY OF Dubuque
--~. -
DUB E '~'
__ ~ r
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: LWCF Grant Application -- E.B. Lyons Interpretive Center Expansion
DATE: February 10, 2009
Planning Services Manager Laura Carstens is recommending City Council approval of
the submittal of a $156,000 Land & Water Conservation Fund (LWCF) grant for the E.B.
Lyons Interpretive Center Expansion at the Mines of Spain. There is a 50% match
requirement for this grant that will be provided by the Friends of the Mines of Spain.
The City of Dubuque's obligation would be to upfront any grant amounts in direct costs
for the project. The City then will submit periodic reimbursement requests to the Iowa
Department of Natural Resources as these project expenses are incurred.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~i
Mich el C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
-~
~T '~~ ~ NI-AmedcaCily
LJ f
Masterpiece on the Mississippi
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: LWCF Grant Application -- E.B. Lyons Interpretive Center Expansion
DATE: February 9, 2009
INTRODUCTION
This memo transmits an application fora $156,000 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.
BACKGROUND
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 has received a 2008 LWCF grant of $19,000 for the E.B. Lyons Interpretive
Center Expansion.
The Friends of the Mines of Spain has raised $911, 555 of the total project cost of
$1, 476, 994. The project shortfall is $565, 439 even with a 2008 LWCF grant of $19, 000.
Therefore, this application is for $156,000, the difference between the 2008 grant
amount and the total eligible amount of $175, 000.
The City of Dubuque would serve as the sponsor for the LWCF grant on behalf of the
Friends of the Mines of Spain.
DISCUSSION
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.
LWCF Grant Application -- EB Lyons Center page 2
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
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 $1.5 million. The City is not
obligated to provide any match; however, the City must upfront any grant amounts 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
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. The grant application deadline is March 16, 2009.
Enclosures
cc Jenny Larson, Budget Director
Gil Spence, Leisure Services Manager
Dr. Douglas Olk, President, Friends of the Mines of Spain
RESOLUTION NO. 60 - 09
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: $1,476,994
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. - 09
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 16th day of February, 2009
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
LWCF Grant Application Narrative -- E.B. Lyons Center Expansion page 1
1. DESCRIPTION OF THE PROPOSED PROJECT:
A. Location of the Project Site
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 of SE of Section 1, T88N, R2E of the 5`~ P.M.;
Lots 2 and 3 of NW of SW, Lots 2 and 3 of the NE of the SW, and Lot 2 of Lot 1 of the SW of the SW of
Section 6, T88N, R3E of the 5`b P.M. in Dubuque County, Iowa. Project Location maps are enclosed.
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 IDNR. The Friends of the Mines of Spain assists the Park Staff with
administration of the Mines of Spain and the Interpretive Center. The City of Dubuque is applying for this
LWCF grant as the project sponsor on behalf of the Friends of the Mines of Spain.
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.
The project will involve an addition to the existing Interpretive Center and expansion of the existing
parking area. The total combined area is approximately 2 acres. The 6,300 square foot expansion will
double the size of the Center and make it ADA accessible. The addition will require drilling a new well
and removing the existing septic system. The expanded Interpretive Center will be connected to the City
of Dubuque's municipal sanitary sewer system. A diagram depicting the floor plan for the addition, the
schematic floor plans of the upper and lower levels, and a perspective of the exterior of the expanded
Center are enclosed.
The Friends of the Mines of Spain has raised $911,555 of the total project cost of $1,476,994. The
project shortfall is $565,439 even with a 2008 LWCF grant of $19,000. Therefore, this application is
for $156,000, the difference between the 2008 grant amount and the total eligible amount of $175,000.
LWCF Grant Application Narrative -- E.B. Lyons Center Expansion page 2
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.
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:
LWCF Grant Application Narrative •-- E.B. Lyons Center Expansion page 3
The primary objectives of the E.B. Lyons 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 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:
LWCF Grant Application Narrative -- E.B. Lyons Center Expansion page 4
The IDNR Park staff and the Friends of the Mines of Spain have received environmental clearance from
the State Historic Preservation Office (SHPO) for construction of the 6,300 square foot addition and
expanded parking lot for the E.B. Lyons Interpretive Center expansion. Enclosed is a copy of a December
21, 2006 letter from the SHPO concurring with our determination of `no adverse effects' to the Mines of
Spain National Historic Landmark.
F. Interrelationship with other Federal, State or Local Projects:
The E.B. Lyons 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 20061owa 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.
LWCF Grant Application Narrative -- E.B. Lyons Center Expansion page 5
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 2008 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 with
emphasis in areas of greatest need.
6.2 Encourage educating 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 Encourage exploration, preservation and interpretation for present and future generations, the
history of Dubuque and the Mississippi River.
6.4 Promote increased appreciation, education, technical assistance and funding for the community's
historical and architectural heritage.
6.5 Encourage the development of a marketing plan for the cultural and historic resources in the
community.
Environmental Quality Element Goa17. To promote the protection, preservation and enhancement of the
biodiversity of the city's bluffs and prairies, wetlands, waterways, and all natural areas, and encourage
partnerships.
Objectives:
7.1 Promote identification, restoration, and protection of rare, native and sensitive habitat (including
prairies and woodlands) with concern to the evolving understanding of expertise in current
management techniques.
7.2 Encourage environmentally appropriate public use of, and access to, the community's bluffs,
wetlands and waterways.
7.3 Encourage protection and restoration of these sensitive areas as development and redevelopment
occurs, including along the riverfront bluffs.
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.
LWCF Grant Application Narrative -- E.B. Lyons Center Expansion page 6
^ 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 quarrying. 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.
LWCF Grant Application Narrative -- E.B. Lyons Center Expansion page 7
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:
Without implementation of the proposed action -- addition to the Interpretive Center and expansion of
existing parking lot -- there will be continue to be more visitors seeking to use the E.B. Lyons Center than
the facility can adequately handle. The project site may suffer some minor impacts as a result.
D. Environmental Intrusions:
The farm sites have been cleared ofnon-historical items according to 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
LWCF Grant Application Narrative -- E.B. Lyons Center Expansion page 8
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 permission 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.
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.
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 of the Mines of Spain 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
LWCF Grant Application Narrative -- E.B. Lyons Center Expansion page 9
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 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.
The expansion will include an entrance to the Center with a welcome area and Americans with
Disabilities Act (ADA) compliant restrooms, as well as an elevator. The welcome area will be open all
year -- even when the Center is closed. The lower level of the Center currently is not easily accessed by
persons with physical disabilities. The elevator will make the Center's existing and new areas on the
lower level ADA accessible.
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. There are no apparent easements affecting the project site.
7. FACILITIES OR IlVIPROVEMENTS 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.
LWCF Grant Application Narrative -- E.B. Lyons Center Expansion page 10
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 34 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.
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 a 28E agreement with the IDNR for
expansion of the E.B. Lyons Center.
Section III -General Provisions
REQUEST FOR SHPO 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
^x This is more information relating to SHPO R&C #: 061231035
a. Property Name:
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. 13th Street, Dubuque, Iowa Zip: 52001 email: Icarsten cityofdubugue.org
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 (Att. SHPO letter dated12/21106)
3) Information has been sought from parties likely to have knowledge about historic properties in
the project area
4) Information 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 protect _2
4) Legal location: Section(s)_1 & 6 Township(s)_T88N Range(s)_R2E & R3E
5) Description of width and depth of proposed excavation and current conditions of project area
III. APPLICANT CERTIFICATION (Check Either Adverse Effect or No Adverse Effect for Historic Property Affected category)
Findings (Check One)
^ 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, specsfying 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.
^x 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):
^x 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 federal)y 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)
Object to the finding for reasons indicated in attached letter
Cannot review until information is sent as follows:
^ See attached follow-up letter
Authorized Signature: Date:
Section III -General Provisions
IOWA DEPARTMENT OF NATURAL RESOURCES
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 2009
TOTAL PROJECT COST: $ 1,476,994
ESTIM. COMPLETION DATE:
Breakdown of Project Costs
March 2010
Total Federal Share: $ 156,000
Total,Loca1 Share: $ 1,320,994 PREVIOUS LWCF GRANTS ON
SOURCE: PROJECT SITE?
Appropriations: $ 100,000
Bonds: $ 0 Yes * X No
Tax Levies: $ 0
Donations: $ 349,595 * List Project Numbers:
Other (Explain): $ 461,950 (cash, 19-00421 -used for purchase
pledges, grants)
OWNERSHII' 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 Application and the attached General Conditions.
Section III -General Provisions
II LAND AND WATER CONSERVATION FUND II
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 Properly Acquisition Policies Act of 1970, 84
Stat. 1894 (1970).
II LAND AND WATER CONSERVATION FUND II
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.
1. DESCRIl'TION 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. DESCRIl'TION 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:
Section III -General Provisions
LAND AND WATER CONSERVATION FUND
PROJECT PROPOSAL
RESOLUTION ON ACQUISITION OR DEVELOPMENT
FOR OUTDOOR RECREATION
County: Dubu ue
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 Ci of
Dubuque, Iowa and the State Iowa.
Project Title: E.B. Lyons Interpretive Center Expansion_
Total Estimated Cost: $ 1 476 994
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 fmancial 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 Ci of Dubu ue make application
to the Iowa Department of Natural Resources to seek Land and Water Conservation Fund fmancial assistance from
the National Park Service in the amount of 101 % of the actual cost of the project in behalf of said Ci of
Dubuque ,
AND, be it further resolved that said Ci of Dubu ue 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 fmance its share of the cost of the project and that the project will be
operated and maintained at the expense of said J City of Dubuque for public outdoor
recreational use.
4. That no fmancial 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 fmancial records on the proposed project to substantiate claims for cost-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)
Maw Ci Clerk
(title) (title)
Section III -General Provisions
II LAND AND WATER CONSERVATION FUND II
PROJECT PROPOSAL
DEVELOPMENT ON LAND ACQUIRED WITHOUT FEDERAL ASSISTANCE
(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, __
(Print Name)
hereby certify, under penal
acquisition and last known
assistance is being sought, n
assistance.
(Signature)
(Date)
(Print Title/Agency)
ty for willful misstatement (18 U.S.C. 1001) that at the time of the
displacement on the project lands for which this federal financial
o planning had been initiated by this agency to obtain this financial
If the acquisition occurred more than frve 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.
Section III -General Provisions
LAND AND WATER CONSERVATION FUND
PROJECT AGREEMENT GENERAL PROVISIONS 3/Ol
Part I -Definitions
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 Park 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" are 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 are 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 teens 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 market 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
area 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 parcels are afforded Section 6(fj(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
Section III -General Provisions
this paragraph 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
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
i. 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
1. 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.
Section III -General Provisions
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.
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 architectural/engineering 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 area that has been identified as an
area having special flood hazards 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 are 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 are
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.
Section III -General Provisions
(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 Park Service Regional Office.
(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 share 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 Reauirements:
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 appearing 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 Reauirements 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 years; 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 are 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. ProiectTermination
1. The Director may temporarily suspend Federal assistance under the project pending corrective 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
Section III -General Provisions
may allow full credit to the State for the Federal share 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 Park
Service be returned.
G. Lobbyin wg ith Appropriated 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:
(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 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 ojicer 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 certification 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 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. 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 certiftes 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 specking the actions that will be taken against employees for
violation ofsuch 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 maybe 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) 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) Notes 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;
Section III -General Provisions
(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 ofsuch notices. Notice shall include the identification number(s) of each affected grant
(~ 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;
(g) 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.S.C. 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.SC. 6101 et. seg.), 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 all aspects of the applicant's operations including those parts that have not received or benefitted
from Federal financial 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 financial 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 subreciptents 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 primary participant certif es 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 ar otherwise criminally or civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
Section III -General Provisions
(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 certification, such prospective
participant shall attach an explanation to this proposal.
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 certification, 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. 93-205).
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 Regarding 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, "Certification
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
Depaztment of the Interior Form 1954 (DI- 1954). (See Appendix A of
Subpart D of 43 CFR Part 12.)
Certification Regazding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transactions - (See
Appendix B of Subpart D of 43 CFR Part 12.)
Certification Regarding Drug-Free Workplace Requirements - Alternate
I. (Grantees Other Than Individuals) and Alternate II. (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 Department of the Interior detennines 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.
(1) 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;
Section III -General Provisions
(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 (1)(b) of this certification; and
(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, 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 certification, such prospective
participant shall attach an explanation to this proposal.
DI-2010
March 1995
(Phis form consolidates 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--
(I) The dangers of drug abuse in the workplace;
(2) The grantee's policy ofmaintaining adrug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that maybe 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 paragraph (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;
-14-
Section III -General Provisions
(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;
(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 Dubuque
Dubuque, Iowa 52001
Check X_if there are workplaces on file that are not identified here.
DI-2010
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 calendar 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 AMO UNT 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 $1 S0, 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 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.
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Section III -General Provisions
(3) The undersigned shall require that the language of this certification 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 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.
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 DI-1953, DI-1954,
DI-1955, DI-1956 and DI-1963)
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Section III -General Provisions
LAND AND WATER CONSERVATION FUND
PROJECT PROPOSAL
REQUIRED PROJECT MAPS
Project maps are one of the most important components of the Project Proposal. The maps will be used
for inspection years after the project has been completed. For this reason, accuracy is crucial. Send a
legal description of the boundary with your maps. The State will submit the signed and dated project
boundary map to the National Park Service for approval.
REQUIRED MAPS -SEND TWO ORIGINAL COPIES OF EACH:
1. Dated Project Boundary Map Both the Tract Map and Site
2. Tract Map (acquisition projects only) Development Map can be
3. Site Development Map (development projects only) incorporated into the Dated
4. County Map with project location Project Boundary map as
5. City Map with project location long as detail will not be lost.
The following information is required for the
Dated Project Boundary Map, Tract Map and Site Development Map:
1. title of the project;
2. date of map preparation, certified by the grantee signature;
3. maps must be to scale, project boundary outlined, showing feet, acres, legal
description of acres, section numbers and a directional arrow (example of an
acceptable map and legal description is included);
4. show planned development for project site, color code existing and planned
development;
5. show all tracts to be purchased (acquisition projects only);
6. show existing roads (include names), overhead utility lines or other
environmental intrusions;
7. show existing land use of land adjoining project site;
8. show area(s) under lease(s) and term remaining on the lease(s);
9. show known outstanding rights and interests in the area held by others such as
easements, deed/lease restrictions, reversionary interest, etc.;
10. show and identify adjoining bodies of water or other natural landmarks.
At a minimum, the project area must be a viable public outdoor recreation area which is capable of
being self-sustaining without reliance upon adjoining or additional areas not identified in the scope
of the project. This area will be the park, open space or recreation area being developed, acquired,
or added to. In no case would the areas covered by Section 6(f)(3) be less than that acquired with
the LWCF assistance.
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Section III -General Provisions
I~ LAND AND WATER CONSERVATION FUND ~I
PROJECT PROPOSAL
RESOLUTION ON ACQUISITION OR DEVELOPMENT
FOR OUTDOOR RECREATION
County: Dubuaue
WHEREAS, the Citv 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 Ci of
Dubuque, Iowa and the State Iowa.
Project Title: E.B. Lvons Interpretive Center Ex ansion
Total Estimated Cost: $ 1 476 994
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 Ci of Dubu ue 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 101 % of the actual cost of the project in behalf of said Ci of
Dubuaue
AND, be it further resolved that said Ci of Dubu ue 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 Deparhnent 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 Dubu ue 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.
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
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(signature) (signature)
Mavor Ci Clerk
(title) (title)