GA Code § 12-3-58 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 3 - Parks, Historic Areas, Memorials, and Recreation|Article 3 - Historic Areas|Part 1 - General Provisions|§ 12-3-58. Powers, Duties, and Authority of the Department of Community Affairs; Historic Preservation Grant Program

  As used in this Code section, the term:   "Commissioner" means the commissioner of community affairs.   "Department" means the Department of Community Affairs.   "Grant fund" means the historic preservation grant fund created under subsection (b) of this Code section.   "Grant program" means the historic preservation grant program created under subsection (b) of this Code section.   "Historic property" means a district, site, building, structure, monument, or object significant in prehistory, history, upland and underwater archeology, architecture, engineering, or culture of this state, including artifacts, records, and remains related to a district, site, structure, or object. For purposes of this paragraph, sites significant in the history of this state shall be deemed to include without limitation combat veterans' gravesites in this state.   "Local jurisdiction" means any county or municipality in this state and any duly authorized agency or instrumentality of a county or municipality.   "Nonprofit organization" means a corporation, foundation, governmental entity, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity.   "Preservation" means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a historic property.     Pending appropriation of funding for such, there is created a historic preservation grant program to be administered by the Department of Community Affairs. The purpose of the grant program is to implement and encourage the preservation of historic properties as well as to promote interest in and study of such matters.   The Department of Community Affairs shall:   Manage, supervise, and administer the grant program; and   Coordinate the grant program with federal or state programs that complement or facilitate carrying out the grant program.     The grant program may be used to:   Make grants to nonprofit organizations and local jurisdictions for the purpose of acquiring, rehabilitating, or restoring historic properties;   Make grants to nonprofit organizations and local jurisdictions for the purpose of financing costs directly related to the rehabilitation or restoration project, which may include the costs of studies, surveys, plans and specifications, and architectural, engineering, or other special services;   Make grants to nonprofit organizations and local jurisdictions for the purpose of funding historic preservation education and promotion, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning and educational materials;   Fund the costs of state and local preservation revolving funds for the restoration or rehabilitation of historic properties for resale or lease subject to appropriate preservation covenants which may include costs directly related to restoration or rehabilitation, such as the costs of studies, surveys, plans, and specifications and architectural, engineering, or other special services;   Fund historic preservation education and promotion by the Department of Community Affairs, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning documents and educational materials; and   Fund the routine administration of the grant program.       The commissioner of the Department of Community Affairs shall approve each grant or expenditure of moneys from the grant fund.   Except for the emergency reserve allocation referred to in paragraph (3) of this subsection, the commissioner's decision on the granting of moneys from the grant fund to nonprofit organizations and local jurisdictions shall be based on a competitive selection process.   In any given fiscal year, the commissioner may allocate up to 20 percent of the total moneys available in the grant fund to be held in reserve for unanticipated emergency use in accordance with subsection (d) of this Code section.   In any given year, expenditures for routine administration of the grant program may not exceed 10 percent of the total moneys available in the grant fund.     The Department of Community Affairs shall:   Ensure that funding under the grant program for the acquisition, restoration, or rehabilitation of historic properties is used only if the property has been listed in or is eligible for the Georgia Register of Historic Places or is a combat veteran's gravesite in this state; and   Require recipients of grants made under the grant program to enter into an agreement to preserve, maintain, and allow limited public access to the historic property. This agreement shall be a recordable conservation easement for the purpose of preserving the historical aspects of the property if the property is real property, unless the commissioner has determined that such an agreement or easement is impracticable or infeasible under the circumstances in accordance with the regulations.       The department shall carry out the purposes of the grant program under provisions of Article 5 of Chapter 5 of Title 28, the "Fair and Open Grants Act of 1993," as amended.   In addition to provisions otherwise required by this Code section, the filing by the department with the Secretary of State under the provisions of Article 5 of Chapter 5 of Title 28, the "Fair and Open Grants Act of 1993," as amended, shall include the following:   Application procedures;   Procedures for adequate public notice of available assistance under the grant program;   Provisions for the review of plans and specifications and the inspection of projects during construction; and   A set of selection criteria which the Department of Community Affairsmust consider in recommending approval of applications for grants and which must include:   The relative historical or cultural significance of, and urgency of need for, the project being financed with the grant;   The extent to which there is any proposed contribution by the appropriate local jurisdiction to support the project being financed with the grant; and   Other factors which may be relevant, such as the geographic distribution of grant assistance from the grant fund.         On or before December 31 of each year, the Department of Community Affairs shall report to the Governor and the General Assembly the financial status of the grant program and a summary of its operations for the preceding year.     (Code 1981, §12-3-58, enacted by Ga. L. 1998, p. 1037, § 1; Ga. L. 2003, p. 566, §§ 1, 2; Ga. L. 2020, p. 38, §§ 5, 7, 8, 11/SB 473; Ga. L. 2021, p. 922, § 12/HB 497.)    The 2020 amendment,  effective July 1, 2020, rewrote paragraph (a)(1), which read: "'Director' means the director of the Division of Historic Preservation of the department."; rewrote paragraph (a)(2), which read: "'Division' means the Division of Historic Preservation of the department."; substituted "Department of Community Affairs" for "division" in subsections (b), (c), (d), (f), (g), and (h); substituted "commissioner of the Department of Community Affairs" for "director shall review and make recommendations to the commissioner who" in paragraph (e)(1); and substituted "commissioner of the Department of Community Affairs decision" for "director's recommendations to the commissioner" in paragraph (e)(2).    The 2021 amendment,  effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted "commissioner's decision" for "commissioner of the Department of Community Affairs decision" in the middle of paragraph (e)(2).   Cross references.   - Historic preservation generally, T. 44, C. 10.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1998, a misspelling of "archeology" was corrected near the middle of paragraph (a)(5).   Pursuant to Code Section 28-9-5, in 2020, "'Commissioner' means the commissioner of community affairs." was substituted for "'Commissioner of the Department of Community Affairs' means the commissioner of the Department of Community Affairs." in paragraph (a)(1), and "'Department' means the Department of Community Affairs." was substituted for "'Department of Community Affairs' means the Department of Community Affairs." in paragraph (a)(2).