2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 3 - Education Department › Part 1 - General Provisions › 140 - Historical Documentary Heritage Grants and Aid.

§ 140. Historical documentary heritage grants and aid. 1. Short title.
This  section  shall  be  known  and  may  be  cited  as  the  "New York
documentary heritage act".
2. Definitions. As used in this section,  the  following  terms  shall
mean:
a.  "Historical records". Records that contain significant information
that is  of  enduring  value  and  are  therefore  worthy  of  long-term
retention  and  systematic  management.  Historical  records may include
diaries,  journals,  ledgers,  minutes,  reports,   photographs,   maps,
drawings,  blueprints,  agreements,  memoranda,  deeds,  case files, and
other material. They may take any of several physical forms:  parchment,
paper, microfilm, cassette tape, film, videotape, computer tapes, discs,
and other "machine readable" formats.
b.  "Historical records program". Any deliberate, organized program to
collect,  hold,  care  for,  and  make  available  historical   records,
including    identifying,   appraising,   arranging,   describing,   and
referencing them and using them in  exhibitions  and  other  public  and
educational programs.
c.  "Institutions  eligible  for  historical  records program grants".
Chartered or  incorporated  nonprofit  archives,  libraries,  historical
societies and museums and other nonprofit institutions in New York state
which operate historical records programs and which meet standards to be
established by the commissioner pursuant to regulations adopted for such
purposes. Institutions operated by state or federal government agencies,
and  local  government  archives  shall  not  be eligible for historical
records  project  grants,  except  that  an  institution  of  the  state
university  of New York or the city university of New York may apply for
historical records project grants with  regard  to  records  other  than
internal records generated by the institution after July first, nineteen
hundred  forty-eight if it is a component of the state university of New
York or after July first, nineteen  hundred  seventy-nine  if  it  is  a
component  of  the  city  university of New York or after the subsequent
date on which the institution became a component of such university.
d. "Historical records program project". A project to carry out one or
more of the activities described in subdivision three of this section.
e. "Cooperative project". A collaborative effort undertaken by two  or
more  historical records programs, to meet shared needs or to accomplish
a common purpose, or a project  undertaken  by  a  service  provider  to
address the historical records needs of more than one historical records
program.
f. "Regional advisory and assistance agency". A reference and research
library  resources system, or an alternate public or nonprofit agency or
organization willing to provide historical records  program  development
advice and assistance services covering a reference and research library
resources system region which is acceptable to the commissioner.
g.  "Historical  records  program  development advice and assistance".
Advice and assistance on the development and strengthening of historical
records programs, promotion of  cooperation,  coordinated  documentation
planning,  training  in historical records management techniques, advice
and assistance in reporting of information concerning historical records
to statewide and national data bases where appropriate, and  initiatives
to  increase  public  awareness  of  the  values  and uses of historical
records.
h. "Service provider". A nonprofit professional or other  association,
local  government,  college or university, historical service agency, or
other  nonprofit  institution  or  system  which  provides  services  to
historical records programs.
i.  "Cost  sharing".  Local  funds,  local in-kind services, and other
funds and support from other than state sources.
j.  "Program  year".  The  annual  period from July first through June
thirtieth.
3. Scope of activities to be supported. The commissioner is authorized
to provide grants and advice to  institutions  eligible  for  historical
records  programs and cooperative projects, and aid to regional advisory
and  assistance  agencies,  the  central  administration  of  the  state
university  of  New  York  and  the  central  administration of the city
university of New York. Grants shall be used to support the  development
and  administration  of  historical  records  programs;  the  surveying,
appraisal,   identification,   collection,   duplication,   arrangement,
description,  and  making  available  of  historical records; public and
educational programming relating  to  historical  records;  projects  to
improve archival techniques; and projects to promote the research use of
historical  records.  Aid  to  regional advisory and assistance agencies
shall be used to  promote  and  assist  the  development  of  historical
records  programs.  Aid  to  the  central  administrations  of the state
university of New York and the city university of New York shall be used
to develop guidelines,  policies  and  procedures,  training,  technical
assistance,  materials,  oversight,  retention and disposition schedules
for university records, and to promote, guide and direct  the  component
institutions  of  such  universities  in  the  sound  administration  of
archival records.
4. Distribution of funds. a.  Historical  documentary  heritage  funds
shall  be  distributed as follows: (1) Grants. (i) individual historical
records program projects shall be  eligible  for  at  least  thirty-five
percent of the amount available;
(ii)  cooperative  projects shall be eligible for up to twenty percent
of the amount available.
(2) Aid. (i)  regional  advisory  and  assistance  agencies  shall  be
eligible for forty percent of the amount available;
(ii)  the  central  administration of the state university of New York
shall be eligible for two and  one-half  percent  of  the  total  amount
available;
(iii)  the  central  administration of the city university of New York
shall be eligible for two and  one-half  percent  of  the  total  amount
available.
b.  Notwithstanding  the  provisions  of  subparagraphs one and two of
paragraph a of this subdivision, the commissioner, taking  into  account
the  recommendations  of  the New York state historical records advisory
board, may distribute funds designated for one purpose  to  address  the
needs of another purpose, provided that the commissioner determines that
the  significance of the contributions to be realized from the proposals
in one category outweighs the significance of the  contributions  to  be
realized from the proposals in another category.
5.  Cost-sharing.  The  commissioner  shall  determine  the  amount of
cost-sharing  required  from  historical  records  programs,   including
cooperative programs. For individual historical records program projects
involving  arrangement, description, and other work relating directly to
the administration of historical records held by a program,  the  amount
of such cost-sharing shall be at least fifty percent.
6. Applications for historical records program projects. a. Filing. By
dates  determined by the commissioner each year, an eligible institution
may file an application, in a form prescribed by the commissioner, for a
grant to support the approved costs of  a  proposed  historical  records
project.
b.  Content.  Such  application shall include, but need not be limited
to:
(1)  a  statement  describing  the  applicant's  need  for the funding
requested;
(2) collection statements and policies  used  by  the  institution  to
guide its acquisition efforts;
(3)  a  summary  description of the records included in the historical
records program of the institution;
(4) the status of finding aids and published guides for the historical
records held by the institution;
(5) the current and/or anticipated level of use and audience  for  the
historical records;
(6)  the  importance of the historical records for documenting life in
New York;
(7) the expected impact of  the  grant  upon  the  historical  records
program;
(8)  the  plan  of  work  for  the activities for which the funding is
sought;
(9) the proposed project budget, including cost-sharing which would be
committed to the project; and
(10) the staff  and  other  resources  devoted  to  the  institution's
historical records program on an ongoing basis.
c.   Approval.   In   approving   any  application  pursuant  to  this
subdivision, the commissioner shall consider:
(1) information in the proposal as set forth in paragraph  b  of  this
subdivision;
(2)  the  capacity  of  the institution to make the historical records
known and accessible for research, education, public programs,  improved
policy making and other public benefits;
(3)  the  potential for improving the documentation of the heritage of
any racial and ethnic group; and
(4) the potential for improving the documentation of under  documented
subjects, institutions, or activities.
7.  Application  for  cooperative  projects. a. Filing. By dates to be
established by the commissioner each year,  a  service  provider  or  an
eligible  institution  acting  as  fiscal  agent on behalf of a group of
eligible institutions, may file an application, in a form prescribed  by
the  commissioner.  A  group  of  cooperating institutions may be formed
because of  a  common  purpose,  rather  than  because  of  geographical
proximity.
b.  Content.  Such  application shall include, but need not be limited
to:
(1) a statement  describing  the  applicant's  need  for  the  funding
requested;
(2) a description of the issue, problem, or need that the project will
address;
(3)  a description of the historical records programs to be served and
how the effort to be undertaken in a cooperative project relates to  and
will strengthen these programs;
(4) description of the plan of work for the project;
(5)  outcome  or  product  of  the project and how it will improve the
identification and administration of historical records or contribute to
the strengthening of historical records programs; and
(6)  the  proposed  budget,  including  cost-sharing  that  would   be
contributed to the project.
c.   Approval.   In   approving   any  application  pursuant  to  this
subdivision, the commissioner shall consider:
(1) information in the proposal as set forth in paragraph  b  of  this
subdivision;
(2)  the  importance  of the records involved for the documentation of
life in New York state;
(3) the importance of the project and the intended outcome or  product
in  terms  of strengthening the programs of the cooperating institutions
and promoting improved historical records management;
(4)  the  capacities  of  the  cooperating  institutions  or   service
providers  for carrying out the project, including prior experience with
cooperative or service projects; and
(5) the potential for cooperating institutions to sustain  an  ongoing
productive cooperative relationship as a result of the project.
8. Aid for regional advisory and assistance agencies. a. Coordination.
The  commissioner  shall  establish  statewide  priorities  for regional
advisory and assistance agencies and shall assist and  coordinate  their
efforts.
b.  Historical  records  program  advice  and  assistance plans. To be
eligible to receive aid annually, each participating  regional  advisory
and  assistance agency shall submit an annual workplan acceptable to the
commissioner, and, after the first year of receiving aid,  a  report  on
activities  of  the prior year and a five-year plan, by dates designated
by  the  commissioner.  The  five-year  plan  shall  outline  goals  and
objectives to be accomplished in the region during the five-year period.
The  annual  workplan  shall  describe  the activities to be carried out
during the year and the program advice and assistance  to  be  provided.
The  five-year  plans  and  the  annual workplans shall reflect regional
priorities and shall be consistent with statewide priorities established
by the commissioner.
c. Aid. The commissioner shall each year determine the distribution of
aid among eligible regional advisory and assistance agencies.  In  doing
so,  he shall take into account the level of resources needed to provide
the services described in paragraphs f and g of subdivision two of  this
section  in  a  satisfactory manner, the extent of the geographical area
served by each agency, and the size of the  population  served  by  each
agency,  and  shall  distribute  the available funds in such a manner as
will best give effect to this section.
9. Aid for state university of New York and  city  university  of  New
York.      To   be   eligible  to  receive  aid  annually,  the  central
administration of the state university  of  New  York  and  the  central
administration  of  the city university of New York shall each submit an
annual workplan acceptable to the commissioner,  and,  after  the  first
year  of  receiving  aid, a report on activities of the prior year and a
five-year plan.
11. Regulations. The commissioner shall adopt regulations to implement
the provisions of this section.