Federal Compliance 101

Why Compliance Matters

All Land and Water Conservation Fund (LWCF) projects submitted to the National Park Service (NPS) must comply with applicable Federal, State, and Local laws. Before NPS approves an ORLP project, we need to understand its potential environmental and community impacts. This page outlines major federal requirements and provides practical tips for recipients as they complete compliance during the award documentation process.

Note: We provide this information to help eligible communities understand ORLP requirements, consistent with federal law and related directives. For official guidance, consult the links below and your LWCF project contact(s).

The Compliance Process?

The National Environmental Policy Act

The National Environmental Policy Act (NEPA) provides the framework for federal compliance review; it brings federal, state, and local environmental requirements into a unified process. Navigating this process takes time and preparation.

All LWCF recipients begin by submitting an Environmental Resources Survey (ERS), which helps NPS determine the appropriate NEPA pathway, based on the project’s expected impacts (pathways include Categorical Exclusion, Environmental Assessment, or Environmental Impact Statement). Completing this survey early is critical and will help prevent delays in getting your award.

Learn more:The Department of the Interior, National Environmental Policy Act and NEPA’s official website

Following the ERS and NEPA compliance, projects may undergo more specific reviews depending on their potential impacts, like those described in the sections below:

National Historic Preservation Act Section 106 – Historic Properties

Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to consider the effects of their actions on historic properties and give the Advisory Council on Historic Preservation (ACHP) an opportunity to comment. For LWCF projects, this process must be completed before NPS can finalize NEPA compliance.

When it applies: When your project involves ground disturbance, renovating or demolishing buildings, or acquiring land.

What recipients do: Begin consultation with their State Historic Preservation Officer (SHPO). NPS will consult with federally recognized tribal governments and conclude the process.

Learn more: Advisory Council on Historic Preservation (ACHP)

Endangered Species Act Section 7

Section 7 of the Endangered Species Act (ESA) requires consultation with the U.S. Fish and Wildlife Service (USFWS) or National Marine Fisheries Service (NMFS) or National Ocean and Atmospheric Administration (NOAA) for any federal action that may affect listed species or critical habitat.

When it applies: When your project is located near critical habitats of threatened or endangered species as well as when your project may impact federally listed threatened or endangered species.

What recipients do: Initiate consultation with the U.S. Fish and Wildlife Service (USFWS) or National Marine Fisheries Service (NMFS/NOAA) and share the documentation with NPS.

Learn more: U.S. Fish and Wildlife Service (USFWS)

Sections 404 and 408 of the Clean Water Act

Sections 404 and 408 of the Clean Water Act (CWA) require consultation with the U.S. Army Corps of Engineers (USACE) and/or the Environmental Protection Agency (EPA). In some cases, additional permitting may be required.

When Section 404 applies: When your project involves the discharge of dredged or fill material into waters of the United States.

When Section 408 applies: When the project alters or impacts USACE civil works projects, such as levees or dams.

What recipients do: Initiate consultation with the U.S. Army Corps of Engineers (USACE) and/or the Environmental Protection Agency (EPA) and share the documentation with NPS.

Learn more: U.S. Army Corps of Engineers (USACE)

Executive Orders 11988 and 11990 (Floodplains and Wetlands)

Executive Orders 11988 and 11990 require federal agencies to avoid adverse impacts on floodplains and wetlands whenever practical alternatives exist.

When it applies: If your project could harm sensitive floodplains or wetlands.

What recipients do: Evaluate if a project is in a floodplain or wetland and consider alternative designs if impacts cannot be avoided. Doing this evaluation early in the process can prevent costly redesigns or delays down the line.

Learn more: Visit FEMA’s Flood Map Service Center and/or your local wetland mapping service if your jurisdiction has one available.

Secretary’s Order 3175 and ECM 952 (Indian Trust Resources)

Federal directives require agencies to explicitly address potential impacts on Indian Trust Resources in environmental documents.

When it applies: When your project could affect land, natural resources, or property managed for federally recognized tribes.

What Recipients do: Document any potential impacts and consult with NPS. NPS is responsible for consulting with federally recognized tribes under these directives.

Tips for Navigating Federal Compliance

1. Start early. Each of these steps and reviews can take several months depending on the complexity of the project. Make sure you budget enough time to coordinate all required reviews and consultations.

2. Come prepared with relevant project information. Quality maps, surveys, and other project documentation will help NPS staff understand your project and potentially make reviews faster.

3. Share updates promptly. Federal compliance requires coordinating staff across many organizations. Keep all project partners informed of the latest findings and information to keep the review process moving.

Who to Contact

If you are a political subdivision of the state (city, county, special purpose district), please contact your State Liaison Office (SLO) https://www.nps.gov/subjects/lwcf/contact-list.htm as a first step.

If you are a federally recognized tribe, or other directly eligible indigenous entity, email NPS: e-mail us