Executive Order 11237—Prescribing Regulations for Coordinating Planning and the Acquisition of Land Under the Outdoor Recreation Program of the Department of the Interior and the Open Space Program of the Housing and Home Finance Agency

Whereas the Housing and Home Finance Administrator, hereinafter referred to as "the Administrator," is authorized under Title VII of the Housing Act of 1961 (42 U.S.C. 1500-1500e), hereinafter referred to as Title VII, to conduct a program for making grants to States and local public bodies for acquiring lands for recreational and other purposes; and

Whereas Title VII provides for consultation by the Administrator with the Secretary of the Interior, hereinafter referred to as "the Secretary," with regard to general policies to be followed in reviewing applications for grants for land acquisitions under the program provided for in Title VII, hereinafter referred to as the open space program, and provides for the furnishing of information by the Secretary on the status of recreational planning for areas to be served by the open space land acquired with grants made by the Administrator; and

Whereas the Secretary is authorized under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4-460/- 11), hereinafter referred to as "the Conservation Act," to provide financial assistance to States for planning for outdoor recreation purposes and acquiring and developing lands therefor under a program hereinafter referred to as the outdoor recreation program; and

Whereas the Secretary has been given certain responsibilities under the Act of

May 28, 1963. (16 U.S.C. 4601-4601-3) and Executive Order No. 11017, for promoting the coordination of Federal plans and activities generally relating to outdoor recreation; and

Whereas the programs authorized by Title VII and the Conservation Act can be of special help in creating areas of recreation and beauty for the citizens of our urban areas; and

Whereas priority is being given to the needs of our growing urban population by the Secretary in the administration of programs under the Conservation Act; and

Whereas the primary purpose of the open space, program is to help acquire and preserve open space land which is essential to the proper long-range development and welfare of the Nation's urban areas, in accordance with plans for the allocation of such land for open space purposes; and

Whereas, to assure the most economic and efficient utilization of Title VII and the Conservation Act and funds provided in connection therewith, it is necessary to provide standards for the guidance of the Administrator and the Secretary in the administration of these programs as they relate to the acquisition of land for recreational purposes:

Now, THEREFORE, by virtue of the authority vested in me by Section 5(g) of the Conservation Act (16 U.S.C. 4601-8 (g) Y, and as President of the United States, it is hereby ordered as follows:

SECTION 1. Urbanized areas. As used in this Order, "urbanized area" means an area which is an urbanized area according to the most recent decennial census together with such additional adjacent areas as the Secretary and the Administrator jointly determine to be appropriate for the accomplishment of the purposes of Title VII and the Conservation Act in a manner consistent with comprehensive planning for orderly metropolitan development.

SEC. 2. Areas of program concern. In the acquisition of land for recreation resources the respective responsibilities of the Administrator and the Secretary shall be as follows:

(1) Open space program. With respect to the provision of open space land for recreational purposes, the Administrator, through the open space program, shall have responsibility primarily for assisting in the acquisition of lands or interests therein of utility primarily to the urbanized area in which they are located, such as squares, malls, and playgrounds, and parks, recreation areas, historic sites, and open spaces for scenic purposes.

(2) Land and water conservation fund program. In addition to responsibilities with respect to outdoor recreation resources of statewide and nationwide utility, the Secretary, through the Conservation Act program, shall have responsibility-primarily for assisting in the acquisition of lands for larger regional parks, historic sites, and recreational and scenic areas to serve residents of urban and other local areas.

SEC. 3. Land and water conservation fund grants in urbanized areas and other urban places. Grants made by the Secretary for the acquisition of land in urbanized areas and other urban places for outdoor recreation under the Conservation Act shall be for projects which:

(1) are consistent with the comprehensive statewide outdoor recreation plan for the State or States in which the project is to be located: Provided, That the portions of such plan relating to urbanized areas shall have been reviewed by the Administrator as to their consistency with comprehensive planning for such areas;

(2) when located in whole or in part in urbanized areas, meet the same requirements with respect to planning and programming as shall have been prescribed by the Administrator with respect to projects under Title VII; and

(3) when located in urban places according to the most recent decennial census (other than those included in urbanized areas), reflect consideration of comprehensive urban planning being carried on for such urban places.

SEC. 4. Open space grants outside of urbanized areas. Grants made by the Administrator for acquisition of land or interests therein for recreational purposes under Title VII in areas outside of urbanized areas shall be for projects which:

(1) are consistent with planning and programming required under Title VII: Provided, That relevant aspects of such planning and programming shall have been reviewed by the Secretary as to their consistency, insofar as they are related to the achievement of recreational objectives, with the comprehensive statewide outdoor recreation plan; and

(2) meet the same requirements with respect to planning and programming as shall have been prescribed by the Secretary with respect to projects under the Conservation Act.

SEC. 5. Review. (a) The Administrator, in reviewing plans under Section 3 of this Order, shall transmit his comments to the Secretary within thirty days, or such other period as may be agreed upon, after receipt of such plans. The Secretary shall take such comments into consideration before approving such plans and programs. If the Secretary disagrees with a recommendation of the Administrator, he shall so notify the Administrator and provide him, in writing, with his reasons therefor.

(b) The Secretary, in reviewing plans and programs under Section 4 of this Order, shall transmit his comments to the Administrator within thirty days, or such other period as may be agreed upon, after receipt of such plans and programs. The Administrator shall take such comments into consideration before approving grants for acquisition. If the Administrator disagrees with a recommendation of the Secretary, he shall so notify the Secretary and provide him, in writing, with his reasons therefor.

SEC. 6. Coordinated procedures. (a) The Secretary and the Administrator shall jointly develop procedures consistent with the purposes and requirements of the Conservation Act and Title VII, to carry out the provisions of this Order, including procedures for:

(1) evaluating applications for assistance in acquiring land for predominantly recreational purposes under outdoor recreation and open space programs;

(2) consultation and exchange of information concerning applications for, and grants of, assistance for acquisition of land for predominantly recreational purposes in urbanized areas under the outdoor recreation program and outside of urbanized areas under the open space program; and

(3) joint and mutual determinations for making grants of assistance under either the outdoor recreation program or the open space program in cases in which unusual circumstances would make departures from the preceding provisions of this Order desirable for reasons of economy, efficiency, or equity.

(b) Whenever the Secretary and the Administrator make a joint determination pursuant to paragraph (a) (3) of this Section, assistance may be provided in accordance with such determination.

LYNDON B. JOHNSON

The White House,

July 27, 1965.