Acquistion Grant Programs - FAQ

Who May Apply?
Municipalities, State agencies, public benefit corporations, public authorities and not for profit corporations with an ownership interest in the property may apply. Such an interest may be outright ownership (fee simple), or a lesser interest such as development rights, an easement or a long term lease of duration equal to the period of OPRHP's oversight of the project. All parties with an ownership interest in the property, including lien holders, will be required to sign the project agreement. Any project that is approved for funding and is located on land under the jurisdiction of the Canal Corporation must receive all necessary approvals of the Canal Corporation prior to the final execution of a project agreement. All lien holders must subordinate their interests to those of the State. Not for profit corporations must be subject to New York State's not for profit corporation law, have a charities registration number and be approved for tax exempt status under the IRS code. Note: Not-for-profit Corporations are not eligible for funding under the LWCF program.

How do I decide which application to use?
In addition to this Acquisition application, there are three other application packages available, depending on the type of project proposed. It is suggested that the applicant consider the eligibility and rating criteria for all programs before deciding which application to use. Contact your regional grant representative for additional information or application packages.

Parks - for projects to preserve, rehabilitate or restore lands, waters or structures for park, recreation or conservation purposes, including such things as playgrounds, courts, rinks, community gardens and facilities for swimming, boating, picnicking, hunting, fishing, camping or other recreational activities.

Historic Preservation - for projects to improve, protect, preserve, rehabilitate or restore properties on the State or National Register, in accordance with the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. Any questions on current or proposed listing on the State or National Register can be directed to (518) 237-8643.

Heritage Areas - for projects to preserve, rehabilitate or restore lands, waters or structures, identified in a management plan approved by the Commissioner in accordance with section 35.05 of the Parks, Recreation and Historic Preservation Law. To be eligible under this program, a project must fall within a New York State Designated Heritage Areas.

Is there a maximum grant or a limit on the number of grants?
There is no statutory limit on the number of grants one property or one applicant may receive. Each year the Commissioner establishes a cap for grant awards.

Are these matching grants?
Yes. Assistance toward the cost of projects shall not exceed 50% of the approved project cost. After the grant award is made, the funding amount will not be adjusted upward.

What types of applicant share are eligible?
The Applicant's Share includes all funds, other than the grant amount, related to the project and fully documented. The applicant's share may include cash and/or the value of force account labor, real property, professional services, labor, equipment, supplies and materials. Matching Share is that portion of the applicant's share used to match the grant. For these programs, federal funds are not eligible as matching share. Please Note: Under LWCF, municipally-owned land is not an eligible matching share.

When must my share be available?
Grantees will generally have to raise their full share within one year of the grant award.

Are there affirmative action requirements?
Yes. Our Agency is committed to programs of Affirmative Action and Agency staff will assist you in undertaking Affirmative Action initiatives as you plan your project. Article 15A of the Executive Law pertains to Minority and Women owned Business Enterprises (MWBE)/Equal Employment Opportunity (EEO). Grant recipients will be required to solicit MWBEs during the project and document their "Good Faith Efforts" to involve MWBEs in the project.

Are there environmental review requirements?
Yes. Before any action to award grants, the requirements of the State Environmental Quality Review Act (SEQR) must be met. One of the most important considerations in environmental review of specific projects under SEQR is designation of lead agency. Note: For the LWCF program, the requirements of the National Environmental Policy Act (NEPA) may also need to be satisfied.

When can I start work?
Once the grant is awarded, a project agreement (including a budget, scope of work and performance timeline), is formalized between OPRHP and the applicant. Please contact your regional grant representative if you intend to undertake any work before the project agreement is fully approved. Construction documents require review before work can begin. Most contracts must be publicly bid following applicable guidelines. For projects that involve properties listed on or eligible for the State/National Register, all work undertaken as part of a grant-assisted project must conform to the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (copies are available from your regional grant representative).

When are the grant monies available?
These are reimbursement grant programs. Successful applicants must document project expenditures in order to receive matching funds. As a result, grantees must plan their financial arrangements accordingly. Under EPF, an advance of up to 25% of the grant amount, not to exceed the eligible match in-hand, may be available once the project agreement is formally approved and conditions met. Note: Advances are not applicable under the LWCF program.

When must work be accomplished?
All projects are required to be completed within five (5) years from date of award. OPRHP will monitor the progress of project work and will recapture awarded funds if significant progress is not being made, lacking compelling justification to the contrary. Significant progress includes such tasks as retaining consultants, executing contracts, initiating construction, submitting payment requests, or other tasks required to complete project work within 5 years pursuant to timeframes established in the grant agreement. Any work accomplished and paid for will still be subject to long term protection.

Does this grant come with provisions for long term protection?
Yes. All successful applicants will be required to enter into a formal contract and other legal documents that will ensure the long term protection of the property and restrict changes in the use of the property. Under EPF, any work involving an historic resource will require that a preservation covenant be conveyed to OPRHP; and any not-for-profit acquiring land for recreation or conservation purposes must grant the State a permanent conservation easement to the property.

What other requirements will need to be met?
All projects will need to comply with the Uniform Fire Prevention and Building Code, the Americans with Disabilities Act, the State Labor Law (including Prevailing Wage), Workers' Compensation Law and Section 14.09 of the New York State Parks, Recreation and Historic Preservation Law. Please contact your regional grant representative for information on how these and other applicable statutes may impact your project.

How can I find additional information?
Resource materials and other useful documents can be found in the Resources section of this website.

Is technical assistance available?
Yes. Please contact the appropriate regional grants officer for any questions you may have.