Illegal Conversions of LWCF Parks

If you care about protecting Kah Tai Lagoon Nature Park from the current attempt by the Port to have the fill land, included in the Park in 1981, now removed from any protections, this article is well worth reading. Our State Recreation and Conservation Office has been careless with oversight in the past and illegal conversions are numerous in the region. Citizens must pay attention to this issue to safeguard this remaining natural habitat in our urban environment. Follow the URL at the bottom of this post and you will be able to download a pdf of this important article.

[82WashLRev0737] Ain't Nothing Like the Real Thing: Enforcing Land Use Restrictions on Land and Water Conservation Fund Parks

Gelardi, Michael J.; Washington Law Review

Abstract: Congress created the Land and Water Conservation Fund (LWCF) in 1965 to provide resources for states and federal agencies to acquire and develop land for public outdoor recreation. Over the past forty years, the LWCF has quietly become one of the most successful conservation programs in United States history. The federal government and states have used the LWCF to preserve unique landscapes for their natural beauty, scientific value, and wildlife habitat, as well as to encourage traditional recreational pursuits. The LWCF Act prohibits the conversion of LWCF-funded state and local parks to uses other than public outdoor recreation unless approved by the National Park Service under strict conditions. Nevertheless, state and local LWCF grantees have illegally converted numerous LWCF parks. As pressure grows on state and local governments to develop parkland for nonrecreational uses, illegal LWCF park conversions threaten unique landscapes and the integrity of the LWCF program. This Comment argues that federal common law and statutory rights in LWCF-funded lands enable the United States to seek an array of coercive remedies to prevent, remedy, and deter illegal conversions of LWCF parks.

http://hdl.handle.net/1773.1/211

Kah Tai Lagoon Nature Park Plan, July 1982

Here is the architectural plan view in color from Illahee Associates (click on the map to enlarge it). It represents the vision and intent of the full and realized Park as a part of the planning for the development grant in 1983. Although it's hard to see on the right hand margin in this version, a less beautiful version of the same map shows the start date for this rendering as 28 July 1982. For people who are keeping track, notice that July 1982 is BEFORE the Port signed the lease with the City on 4 August 1982 for 20+ acres between Sims and the lagoon. So, in July 1982, with no leases in place for the southern portion of the Park, both sponsors of the 1981 acquisition grant understood that the development grant would - develop (!) the southern portion as a nature park - with a small lagoon, trails, plantings of native flora, a play meadow, restrooms, picnic shelter. Citizens committed $145,000 (in 1983 dollars) as in-kind match for this grant, in skilled labor and materials to develop the vision of the Park.

This was not a vision for a temporary park. This was effort dedicated to a park that had been promised to the citizens of Port Townsend in perpetuity. 'Perpetuity' is longer than 30 years. Kah Tai Lagoon Nature Park should outlast all of us working now to complete the protections that were overlooked by NPS in 1985 when the acquisition grant closed. Protecting Kah Tai is our commitment to those whose vision created it, and it is our gift to the generations that follow.

Kah Tai Lagoon Nature Park Plot Plan, 1980

One of the many reasons that Kah Tai's future is not as certain as it should be 30 years after creation is that the paperwork didn't get completed in 1985 when the acquisition grant closed. A 6(f) boundary map should have been attached to the record at that time. All parcels in the Park should have been recorded as protected. But the ball got dropped, at NPS, at IAC (now RCO) and here in Port Townsend.

Then there are the errors made between 1985 and today. In 2004, an attempt was made to find the missing 6(f) map at NPS, but instead, a crudely drawn plat map was pulled from the record by support staff and casually penciled in with the label 'Official 6(f)'. The plat map includes within its rough and inaccurate boundaries many properties north of the Lagoon whose owners would be quite shocked to find out that the National Park Service considered their homes within the Park boundary, however briefly.

Fortunately, within the 1981 files is also a carefully drawn plot plan (click on image to enlarge), included in the orginal grant submission but not labeled as explicitly as would have been helpful for posterity. It shows the full boundary of the intended Park.  It may not say '6(f)', but it is dated September 20, 1980. And it shows all the public and private parcels considered to be part of the intended Park. This is the boundary that merits stipulations of perpetuity. This is our Park.

Kah Tai

Nurse – It's, still moving, or...?

Doctor – Yes, let's see- it's

Nurse – Beating?

Doctor – Scalpel!

Nurse – But, but...

Doctor – There, it's quiet now.

Nurse – But, wasn't that– the heart?

Doctor – Oh, yes, well I guess it was—

***

And so you too, Port Townsend,

The knife is raised, and what yet beats

Can be silenced soon enough.

This heart, this quiet place,

At rest in the fold of silent tongues,

This, that no man, no group,

No councilman, or commissioner,

has the right to take—

This heart beats for all, and

All should have a say.

If ever a referendum should be held,

Then it is now. If this heart is to be

Cut out, then all hands should grasp

The handle, and all hands thrust the blade.

Those who think they alone should cut

This heart—remember

Blood does not wash.

Brian Young

Port Townsend

Friends of Kah Tai Board endorse Transit Proposition 1

The Friends of Kah Tai are supportive of Jefferson Transit for its services and its partnership with the community in protecting the Kah Tai Lagoon Nature Park buffers. The Friends of Kah Tai's focus is to protect the Park buffers from encroachment by development. Over fifteen years ago, during the permitting process, Jefferson Transit agreed to the responsibilities of protecting the buffers which are integral to the natural systems of the Park. We appreciate Jefferson Transit's stewardship through the years, helping to protect and preserve these buffers. We encourage voters to support Transit Proposition 1.

LWCF 6(f) protections in plain language

The National Park Service has posted an attractive 12-page brochure that describes Land and Water Conservation Fund (so-called 6(f)(3)) protections in accessible language that anyone can appreciate. It provides useful examples of what is required for a conversion of protected park land. If you would like to become better informed about what federal protections exist for Kah Tai, this is a good place to start. Note that the links at the lower right of this page include the Washington State Recreation and Conservation Office and the National Park Service LWCF sites, which have all the documentation you could ever need. The brochure can be found at the National Park Service link if you follow the link to the left column on the NPS page and then click on 'compliance responsibilities & legal protection'. The brochure is posted mid-page as 'LWCF Stewardship Booklet'. Don't miss the useful information in all the other pdfs posted there.

The RCO link on the lower right of this page takes you to some our favorite words, all the way at the bottom of the page there:

Long-term Commitments for Funded Projects

All property acquired or developed with Land and Water Conservation Fund grants must be kept forever exclusively for public outdoor recreation use. 

Kah Tai Lagoon Nature Park - protected?

A few facts for those who haven't quite come to grips with the reality of permanent protections for Kah Tai:

Direct quotes from the Leader in italics:

23 June 2010 Leader article concerning a meeting that took place with Mr. David Timmons (City), Mr. Larry Crockett and Mr. Jim Pivarnik (Port), Ms. Heather Ramsay (NPS) and Mr. Jim Anest (RCO) in Seattle:

In that meeting, Anest told Timmons and Port of Port Townsend Executive Director Larry Crockett that it was the NPS’s position that all of the property is subject to the (6) (f) rule.

“So it was left that the port had to present some evidence to the contrary to get the matter resolved,” Timmons said.

When LWCF funds and required private matching support are used to create a park, it is the whole park that is provided federal 6(f) protection.  This position was made clear by a quote from NPS administrator, Heather Ramsay, provided in a June 30, 2010, Leader article: “Our position in general is when the maps are unclear, we look at who signed the contract and what they owned at the time the grant closed.” The Port was an equal applicant on the original grant, signing all relevant contacts and certainly owned the disputed parcels when the grant closed.

The posted map (click map to enlarge) is the draft ownership map agreed to by the City, RCO and  NPS and sent to the Port for a response at the end of November, 2010. That response is expected by 31 December 2010.