New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.19 - TRANSFER OF HISTORIC PRESERVATION FUNDS TO CLGS

Current through Register Vol. 35, No. 13, July 16, 2024
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.