March 2010 - Parks & Recreation - 31

dune summit " and encroach on a natural
marsh. The City and Harbor Shores, however, viewed the larger development as a
project that would " revitalize the economy of an impoverished city. " In so doing,
the City stated that Benton Harbor is in
great distress-it has a 17 percent unemployment rate, a 57 percent illiteracy rate,
and more than 42 percent of its population lives below the poverty line.

Pool Party-Poopers
Have Finally Met Their Match

LWCF
In pertinent part, the Land and Water
Conservation Fund Act provides that
" [n]o property acquired or developed
with assistance under this section shall,
without the approval of the [Interior] Secretary, be converted to other than public outdoor recreation uses. " 16 U.S.C. §§
460l-8(f)(3) Before approving any proposed conversion, LWCF requires the
Secretary of the Interior to " assure the
substitution of other recreation properties of at least equal fair market value
and of reasonably equivalent usefulness
and location. " 36 C.F.R. § 59.3.
In general, the Secretary of Interior has delegated his statutory duty under LWCF to the director of the National
Park Service who typically has regional
offices conduct the actual review. In this
particular instance, the Park Service had
delegated authority to review the City's
lease proposal to its regional director of
the Midwest region.
According to the federal district court,
once Jean Klock Park received LWCF
funds in 1977, the federal government
" acquired a protectable interest in their
investment " under the LWCF. Specifically, the National Park Service had " an
oversight role with respect to any disposition of the property subject to the grant "
and Park Service " approval was required
before conversion of some of the Park to
golf holes and fairways. " In so doing,
the Park Service had to ensure that Jean
Klock Park was " continuously maintained
in public recreation use unless the Park
Service approved substitution property
of reasonably equivalent usefulness and
location and of at least equal fair market
value. " 36 C.F.R. § 59.3(a).

Pulsar® System with PRS Traps
99.9% of Crypto & Improves Water Clarity
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* Anti-scaling additive
* Easy to handle
Pulsar® Feeder
* Innovative, precision spray technology
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* Calibrated to exact pool volume
Pulsar ® PRS
* Improves water clarity by an average of 37%
* Removes organics, particulates, and
metals other filtration systems miss
* Removes oils, eliminating the need for
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* Efficiently traps Crypto, E. coli, Giardia
and algae
Pulsar® is a registered trademark of Arch Chemicals, Inc.

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March 2010 - Parks & Recreation

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