N.M. Code R. § 4.10.10.19 - TRANSFER OF HISTORIC PRESERVATION FUNDS TO CLGS
A. Pursuant to the National Historic
Preservation Act,
16 U.S.C.
470 c, a minimum of 10 percent of the state's
annual appropriation from the historic preservation fund of the department of
the interior will be designated for funding projects by CLGs as provided by
congress. In any year in which the annual historic preservation fund state
grant appropriation exceeds $65,000,000, one-half of the amount above
$65,000,000 shall also be transferred to CLGs according to procedures to be
provided by the secretary of the interior. All grants may be awarded on a
matching basis for funding of specific projects or activities which meet the
state's historic preservation plan and chapter 9 of the grants
manual.
B. All funds will be
awarded on a competitive basis. CLGs receiving grants through the HPD from the
CLG share of the historic preservation fund of the department of the interior
shall be considered subgrantees of the state. All local governments which have
been certified are eligible to apply for funds but will not automatically
receive funds.
C. CLGs receiving
funds must maintain an adequate financial management system by adhering to all
requirements of the grants manual.
D. Specifically, grants made from the
historic preservation fund cannot be used as a matching share for other federal
grants. Local financial management systems shall be auditable in accordance
with the grants manual. Unless the CLG has a current indirect cost rate
approved by the cognizant federal agency, only direct costs may be charged
against grant funds.
E. Each CLG
shall complete a grant application by the annual deadline. Application forms,
annual HPD priorities for funding, and criteria for awarding grants will be
made available to allow sufficient time for the CLG to complete projects within
a two-year federal grant cycle.
F.
Applications will be ranked by the HPD. In general, eligible activities will
include any project which furthers the goals of historic preservation of the
community's cultural properties. This may include survey, nomination of
properties to the national register, public education programs, planning
studies, research, adoption and publication of local historic district and
landmarks legislation, establishment of commissions and the development of a
comprehensive historic preservation plan.
G. Grant funds may be used for the purpose of
retaining a preservation consultant to the historic preservation review
commission as outlined in Section 4.10.10.12 NMAC above. Priority will be given
to projects which assist the CLG in establishing a process for incorporating
historic preservation goals and objectives into the community's planning
process and which increase the community's awareness and understanding of
historic preservation, or which increase the capability and effectiveness of
the CLG in addressing local historic preservation issues and needs.
H. The HPD will provide on an annual basis
the selection criteria and funding requirements for grant proposals.
I. Once a local government is certified, it
remains certified, without further action, unless officially
decertified.
J. Grants for CLGs are
awarded on a yearly competitive basis, according to availability of funds.
Because a CLG is given a grant one year does not mean a grant will be available
the following year. The HPD shall make available to the public, upon request,
the rationale for the applicants selected and the amounts awarded. The HPD
shall make reasonable efforts to distribute funds among the maximum number of
eligible local governments to the extent that such distribution is consistent
with the selection criteria in Subsection H of 4.10.10.19 NMAC, above. The HPD
shall also seek to ensure a reasonable distribution between urban and rural
areas in the state, and that no CLG receives a disproportionate share of the
allocation. CLG requirements will be included in the state's required written
grant agreements with local governments.
K. Use of federal funds will be limited by
all existing restrictions imposed by the grants manual. Any state-directed
specific uses of funds are to be for activities that are eligible for historic
preservation fund assistance. Use of such funds is to be consistent with the
state comprehensive historic preservation planning process outlined in the
National Historic Preservation Act. The intent of historic preservation fund
assistance is to augment, not replace, existing local commitment to historic
preservation activities.
L. The HPD
is ultimately responsible, through financial audit, for the proper accounting
of the CLG share of the historic preservation fund in accordance with the
grants manual.
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