TITLE 4                 CULTURAL RESOURCES

CHAPTER 10       CULTURAL PROPERTIES AND HISTORIC PRESERVATION

PART 10               CERTIFIED LOCAL GOVERNMENT PROGRAM

 

4.10.10.1               ISSUING AGENCY:  Department of Cultural Affairs, State Historic Preservation Division.

[4.10.10.1 NMAC - Rp, 4 NMAC 10.10.1, 1/1/08]

 

4.10.10.2               SCOPE:  Applies to the historic preservation division, the cultural properties review committee, the United States secretary of the interior and local governments such as a city, county, village, town, municipality or any political subdivision of the state.

[4.10.10.2 NMAC - Rp, 4 NMAC 10.10.2, 1/1/08]

 

4.10.10.3               STATUTORY AUTHORITY:  This regulation is created pursuant to the Cultural Properties Act, Section 18-6-8 NMSA 1978, which authorizes the state historic preservation officer to administer the Cultural Properties Act, including to serve as the administrative head of all the Cultural Properties Act’s functions assigned to the historic preservation division by law and to coordinate all duties performed by and cooperate with entities, public or private, involved with cultural properties.  Pursuant to the National Historic Preservation Act, 16 U.S.C. 470a(b)-(d), the state historic preservation officer is the designated state official who shall be responsible for the administration of the state historic preservation program which includes providing a mechanism for the certification by the state historic preservation officer of local governments to carry out the purposes of the National Historic Preservation Act.

[4.10.10.3 NMAC - Rp, 4 NMAC 10.10.3, 1/1/08]

 

4.10.10.4               DURATION:  Permanent

[4.10.10.4 NMAC - Rp, 4 NMAC 10.10.4, 1/1/08]

 

4.10.10.5               EFFECTIVE DATE:  January 1, 2008, unless a later date is cited at the end of a section.

[4.10.10.5 NMAC - Rp, 4 NMAC 10.10.5, 1/1/08]

 

4.10.10.6               OBJECTIVE:  Since its initial enactment in 1966 and through several amendments, the National Historic Preservation Act has provided the statutory framework for the national historic preservation partnership. Federal, state, tribal and local governments have well-defined and significant roles in the identification, evaluation, designation and protection of historic and prehistoric properties. The certified local government program is the primary way through which qualified and interested local governments participate in the national historic preservation partnership. The objective of this rule is to establish the requirements and procedures for the certified local government program and to describe how the program works in New Mexico.

[4.10.10.6 NMAC - Rp, 4 NMAC 10.10.6, 1/1/08]

 

4.10.10.7               DEFINITIONS:

                A.            "Certified local government" or "CLG" means a local government whose local historic preservation program has been certified pursuant to the National Historic Preservation Act , 16 U.S.C. 470a(c).

                B.            "Cultural properties review committee" or "CPRC" means the committee appointed by the governor of the state as provided for in Section 18-6-4 NMSA 1978.

                C.            “Cultural property” means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural significance as defined in Section 18-6-3 NMSA 1978 and includes “historic property” or “properties” as defined in the National Historic Preservation Act, 16 U.S.C. 470 et seq.

                D.            "Historic preservation division" or "HPD" means the division within the department of cultural affairs created pursuant to Section 18-6-8 of the Cultural Properties Act and Section 9-4A-4 of the Cultural Affairs Department Act.

                E.             "Historic preservation grants manual" or "grants manual" means the secretary of interior standards for national park service historic preservation fund grants, June 2007 release, which includes standards for grants issued to certified local governments.

                F.             "Historic preservation review commission" or "commission" means a board, council, commission, committee or other similar collegial body established through state or local legislation and selected by the chief elected local official, pursuant to the National Historic Preservation Act, 16 U.S.C. 470a(c)(1)(B) and 16 U.S.C. 470w(13).

                G.            “Historic property” means any prehistoric or historic district, site, building, structure or object included in or eligible for inclusion in the national register, including artifacts, records and material remains related to such a property as defined in the National Historic Preservation Act at 16 U.S.C. 470w(5).

                H.            "Local government" means a city, county, village, town, municipality or any political subdivision of the state.

                I.              “National Historic Preservation Act” means the act codified at 16 U.S.C. 470 et seq.

                J.             “National register” means the national register of historic places established by the National Historic Preservation Act, 16 U.S.C. 470a(a).

                K.            “Preservation” or “historic preservation” means identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, research, interpretation, conservation, and education and training regarding cultural properties as defined in the National Historic Preservation Act at 16 U.S.C. 470w(5).

                L.             “Registered cultural property” means a cultural property that has been placed on the New Mexico register of cultural properties as defined in Section 18-6-3 NMSA 1978.

                M.           "Secretary" means the United States secretary of the interior.

                N.            "State historic preservation officer" or “SHPO” means the director of the historic preservation division of the department of cultural affairs, as provided for in Section 18-6-8 NMSA 1978.

 [4.10.10.7 NMAC - Rp, 4 NMAC 10.10.7, 1/1/08]

 

4.10.10.8               DESCRIPTION AND STATEMENT OF PURPOSE:  Pursuant to 36 CFR 61, the certified local government program is designed to promote the identification, evaluation, nomination and protection of cultural properties by establishing a partnership between the local government and the HPD which seeks to encourage and expand local involvement in preservation issues. Such partnerships will help to assure that:

                A.            historic preservation issues are understood and addressed at the local level and are integrated into the local planning and decision-making process at the earliest possible opportunity;

                B.            local interests and concerns are integrated into the historic preservation process of the HPD;

                C.            information concerning local historic preservation issues is provided to the HPD and to the public;

                D.            local historic district and landmark legislation and historic preservation review commissions are established in local governments where they do not yet exist and are updated, if necessary, where they already exist;

                E.             existing archaeological records and  historic cultural properties inventory information maintained by the HPD is made available to the local community to use in identifying and defining community and neighborhood development and historic district areas; and

                F.             by participating in the preservation of cultural properties within their communities, CLGs:

                    (1)     assume a leadership role in the preservation of the community’s prehistoric and historic resources;

                    (2)     have a formal role in the national register nomination review process;

                    (3)     participate in the establishment of regional and state historic preservation objectives;

                    (4)     are eligible to apply for subgrants from a designated certified local government fund established annually by the HPD whenever such funds are available; and

                    (5)     receive technical and advisory services from the HPD.

[4.10.10.8 NMAC - Rp, 4 NMAC 10.10.8, 1/1/08]

 

4.10.10.9               ELIGIBILITY:

                A.            Any general purpose political subdivision of the state such as a city, village, county or town which meets the criteria set forth in this rule is eligible to apply for certification.

                B.            The National Historic Preservation Act and the historic preservation fund grants manual contain five broad standards which must be met by a local government seeking certification. The local government must:

                    (1)     enforce appropriate state or local legislation for the designation and protection of historic properties;

                    (2)     establish an adequate and qualified historic preservation review commission by state or local legislation;

                    (3)     maintain a system for the survey and inventory of historic properties;

                    (4)     provide for adequate public participation in the local historic preservation program including the process of recommending properties to the national register; and

                    (5)     satisfactorily perform the responsibilities delegated to it under the act.

                C.            Each state is required to see that CLGs satisfy these minimum requirements and may specify additional requirements. The minimum requirements for certification of local governments in New Mexico are further defined below.

[4.10.10.9 NMAC - Rp, 4 NMAC 10.10.9, 1/1/08]

 

4.10.10.10             MINIMUM REQUIREMENTS FOR LOCAL LEGISLATION:  Each CLG shall enact a local preservation ordinance which shall contain, at a minimum, the following provisions for the designation and protection of cultural properties by CLGs in New Mexico:

                A.            an authorizing statement citing Sections 3-22-1 through 3-22-5 NMSA 1978 of the Historic District and Landmark Act;

                B.            statement of purpose;

                C.            definitions;

                D.            membership and duties of a historic preservation review commission;

                E.             designation and protection procedures for local landmarks and districts pursuant to Section 3-22-3 NMSA 1978 and the National Historic Preservation Act;

                F.             criteria for designation of local landmarks and districts pursuant to Section 3-22-3 NMSA 1978 and the National Historic Preservation Act;

                G.            provisions for holding a public hearing on proposed designations of local landmarks and districts and adequate public notification of such hearing;

                H.            mandatory review of alterations, demolitions or new construction to listed landmarks and cultural properties within listed historic districts;

                I.              specific guidelines to be used by the historic preservation review commission including as appropriate the secretary’s standards for rehabilitation in 36 CFR 67and the secretary's standards and guidelines for archaeology and historic preservation, available on the the national park service website at http://www.nps.gov/history/local-law/arch_stnds_0.htm;

                J.             specific timeframes for reviews and for consideration of alternatives;

                K.            penalties for noncompliance; and

                L.             criteria  to enforce appropriate state or local legislation related to the preservation of cultural properties of historic and prehistoric significance.

[4.10.10.10 NMAC - Rp, 4 NMAC 10.10.10, 1/1/08]

[Additional information on standards for the treatment of historic properties with guidelines for preserving, rehabilitating, restoring and reconstructing buildings is available from the national park service web page at http://www.nps.gov/history/hps/tps/standguide/.]

 

4.10.10.11             MINIMUM REQUIREMENTS AND DUTIES OF HISTORIC PRESERVATION REVIEW COMMISSIONS

                A.            The minimum membership and procedural requirements for historic preservation review commissions for CLGs in New Mexico are detailed below.

                    (1)     The commission shall have at least five members, all of whom have a demonstrated positive interest, competence or knowledge in the professions of architecture, historic architecture, architectural history, archaeology, anthropology, history, historic preservation, planning, real estate, design, building trades, landscape architecture, conservation, law, finance or related disciplines to the extent that these professionals are available in the community. The chief elected local official shall appoint all commission members.

                    (2)     The commission is encouraged to appoint two historic preservation review commission members who meet the professional qualifications standards in appendix A of 36 CFR 61.

                    (3)     Terms of office for commission members shall be no less than two years and shall be staggered;

                    (4)     Rules of procedure shall be established and made public;

                    (5)     The commission shall meet as often as necessary to complete commission responsibilities in a timely fashion, holding no less than four meetings per year, and the meetings shall be held at regular intervals, in a public place, advertised in advance and open to the public; notices of each public meeting shall be mailed to the HPD in advance.

                    (6)     Commission decisions shall be made in a public forum and applicants shall be notified of meetings and advised of decisions.

                    (7)     Written minutes, detailing, at a minimum, the actions and decisions of the commission, and reasons for such actions or decisions, shall be made available for public inspection except when confidentiality of site location is required pursuant to Section 18-6-11 NMSA 1978 and the Archaeological Resources Protection Act, 16 U.S.C. 470hh.

                    (8)     An annual report of its activities shall be provided to the SHPO as detailed at Section 4.10.10.16 NMAC  below.

                    (9)     Vacancies on the commission shall be filled within 90 calendar days, unless an extension is requested.

                B.            Duties of the historic preservation review commissions shall include, at a minimum, the following:

                    (1)     conducting or causing to be conducted a continuing survey of cultural properties in the community according to guidelines established by the HPD;

                    (2)     making recommendations for designation of local landmarks and historic districts to the appropriate local governing body;

                    (3)     establishing and using written guidelines for the conservation of designated local landmarks and historic districts and cultural properties of historic and prehistoric significance in decisions on requests for permits for alterations, demolition or additions to listed landmarks and buildings within historic districts;

                    (4)     acting in an advisory role to other officials and departments of local government regarding the protection of local cultural properties;

                    (5)     acting as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation; and

                    (6)     working toward the continuing education of citizens within the CLG’s jurisdiction regarding historic preservation issues and concerns.

                C.            Each commission is required to set aside at least one regular meeting for informational or educational purposes per year, to be attended by HPD staff, pertaining to the work and functions of the commission or to historic preservation.

                D.            The CLG historic preservation review commission, in addition to the above stated duties, reviews all proposed national register nominations for properties within the boundaries of the CLG’s jurisdiction. When a commission reviews a nomination or other action that will impact properties within the boundaries and such reviews are normally evaluated by a professional in a specific discipline which is not represented on the commission, the commission shall seek expertise in this area before rendering its decision.

                E.             Pursuant to chapter 3 of the grants manual, historic preservation review commission members shall not engage in activities that would appear to conflict with the fair, impartial and objective performance of commission responsibilities.

[4.10.10.11 NMAC - Rp, 4 NMAC 10.10.11, 1/1/08]

 

4.10.10.12             PROFESSIONAL CONSULTANT TO CERTIFIED LOCAL GOVERNMENT:

                A.            In order to carry out the duties delegated to it, the CLG shall employ or have regular access by contract or letter of agreement to the equivalent of one professional who meets the professional qualification standards of the secretary of the interior’s standards and guidelines for archaeology and historic preservation. The HPD will consider written proposals for alternative arrangements for CLGs who submit evidence that they have not been able to obtain such expertise due to a lack of financial resources or available professionals.  Such alternatives must ensure that adequate expertise exists to allow the CLG to undertake its responsibilities.

                B.            Consultants shall be approved by the HPD to ensure that personnel have the necessary skills to carry out the specific responsibilities of that CLG.  Staff requirements will vary according to the types of programs which the CLG undertakes and the duties delegated to it.  Annual funds transferred to CLGs, as discussed in 4.10.10.19 NMAC below, may be used toward retaining a preservation consultant.

[4.10.10.12 NMAC - Rp, 4 NMAC 10.10.12, 1/1/08]

 

4.10.10.13             SURVEY STANDARDS:  CLGs shall establish a process for surveying the cultural properties within their jurisdiction.  Where inventories of cultural properties have already been undertaken or are underway, a process for the continuation, maintenance and organization of these data  shall be defined.

                A.            All inventory activities shall be coordinated with and complementary to the New Mexico cultural resource information system (NMCRIS) which is HPD’s archaeological records management and historic cultural properties inventory system.

                B.            Local inventories shall be in a format which is compatible with and can be easily integrated into the statewide comprehensive historic preservation planning system and other appropriate planning processes used by the HPD.

                C.            There shall be a cultural properties inventory for each designated historic district.

                D.            All inventory material shall be updated periodically to reflect changes, alterations, and demolitions. At a minimum, this shall include the updating of forms for all major work to significant and contributing cultural properties in an historic district and to landmarks.

                E.             All inventory material shall be maintained securely and shall be accessible to the public except when confidentiality of site location is required pursuant to Section 18-6-11 NMSA 1978 and the Archaeological Resources Protection Act, 16 U.S.C. 470hh.

[4.10.10.13 NMAC - Rp, 4 NMAC 10.10.13, 1/1/08]

 

4.10.10.14             PUBLIC PARTICIPATION:

                A.            All meetings of the historic preservation review commission shall be publicly announced, open and accessible to the public, and have a previously available agenda.  Public notice shall be provided prior to any special meetings.  Minutes of all decisions and actions of the commission, including the reasons for making these decisions, shall be kept on file and available for public inspection.

                B.            The SHPO and the CLG will work together to provide ample opportunity for public participation in the nomination of properties to the national register.  All reports submitted by the CLG to the HPD regarding the eligibility of properties shall include assurances of public input. The CLG shall retain a list of all persons contacted during the evaluation period and note comments which it received.  If a public meeting was held, a list of those attending shall be included in the report.

[410.10.14 NMAC - Rp, 4 NMAC 10.10.14, 1/1/08]

 

4.10.10.15             CLG PARTICIPATION IN THE NATIONAL REGISTER PROCESS:

                A.            The CLG shall submit a report to the HPD regarding the eligibility of each cultural property or district proposed for nomination to the national register within its jurisdiction. This report shall include the recommendation of the historic preservation review commission and the chief elected local official.

                B.            The report may be as simple as an affirmation that the cultural property is eligible or as lengthy as a researched report stating why the property should or should not be nominated. The report should concentrate on the property’s eligibility under the national register criteria. If it is felt that the property is  not eligible, adequate reasons must be given based on national register criteria.

                C.            Failure to submit reports on the eligibility of cultural properties nominated within the jurisdiction of the CLG after the HPD has informed the CLG of a pending nomination will be considered during the annual performance evaluation.

                D.            The CLG will be involved in the national register process.

                    (1)     In accordance with 36 CFR 61, the HPD will forward a copy of completed national register nominations to the CLG for all properties located in that CLG’s jurisdiction within 30 calendar days of receipt unless the CLG itself has initiated the nomination. If the CLG intiates its own nomination(s), it shall provide the completed nomination to the HPD within 30 calendar days of receipt.

                    (2)     After reasonable opportunity for public comment and within 60 calendar days of receipt of the nomination, the CLG shall inform the HPD and the property owner(s) as to its opinion regarding the eligibility of the property. If the historic preservation review commission and the chief elected local official do not agree, both opinions shall be forwarded to the CPRC.  If the SHPO does not receive a recommendation within 60 calendar days, the HPD shall continue the nomination process.

                    (3)     If both the commission and the chief elected local official, or their designated representative, recommend that a property not be nominated, the HPD will so inform the property owner(s) and the CPRC and the property will not be nominated unless an appeal is filed with the SHPO under the regulations established for the appeals process, as outlined in the National Historic Preservation Act.

                    (4)     If either or both the commission and the chief elected local official, or their designated representative, agree that the property should be nominated, the nomination will be scheduled for review by the CPRC. The opinion or opinions of the commission and the chief elected local official, or their designated representative, will be presented to the CPRC for their consideration.

                    (5)     The CPRC, after considering all opinions, shall make its recommendation to the SHPO.  If the property is determined to be eligble, the SHPO shall forward the nomination to the keeper of the national register; if the property is determined to not be eligible, the SHPO shall return the nomination to the CLG and the owner(s). Either the commission or the chief elected local official, or their designated representative, may appeal the final SHPO decision under the aforementioned appeals procedure.

                    (6)     CLGs shall participate in review and approval of national register nominations whether or not they elect to apply for grants from the historic preservation fund.

[4.10.10.15 NMAC - Rp, 4 NMAC 10.10.15, 1/1/08]

 

4.10.10.16             PERFORMANCE ASSESSMENT:

                A.            In order to determine that the CLG is satisfactorily performing the responsibilities delegated to it by the HPD, the CLG shall submit an annual report of the activities of the commission.  These reports shall include, but are not limited to, such items as number of cases reviewed, new designations made, revised resumes of commission members, appointments to the commission, attendance records, all minutes related to the national register nominations and goals and objectives of the commission for the coming year. The report shall also document the educational meetings which commission members attended.

                B.            Notification of commission meetings shall be provided throughout the year to the HPD in a timely manner so that the HPD may attend such meetings or provide pertinent information.

                C.            The annual report shall be accompanied by a report on the expenditures of any grants received from the HPD during that year and shall follow fiscal accountability guidelines pursuant to the grants manual.

                D.            The report shall be due within 60 calendar days of the end of each federal fiscal year or at the end of the portion of the fiscal year in the first year of the establishment of the commission. Continued certification shall be based upon performance and review of the annual report of the activities of the commission. The HPD will review the CLG’s final report within 45 calendar days of its receipt.

[4.10.10.16 NMAC - Rp, 4 NMAC 10.10.16, 1/1/08]

 

4.10.10.17             PROCESS FOR CERTIFICATION OF LOCAL GOVERNMENTS:

                A.            The chief elected local official of the appropriate local governing body shall request certification from the HPD. The request shall include:

                    (1)     a written assurance that the local government has fulfilled all of the requirements outlined above;

                    (2)     a copy of the local historic preservation ordinance;

                    (3)     a list and accompanying maps of the areas designated as historic districts or individual landmarks within the local government’s jurisdiction;

                    (4)     resumes for each of the members of the historic preservation review commission; and

                    (5)     a written provision that the local government will provide for a consultant who meets the secretary of interior’s professional qualification standards to assist the commission, if needed.

                B.            The SHPO shall respond to the chief elected local official within 60 calendar days of receipt of an adequately documented written request. If the SHPO determines that the local government fulfills the requirements for certification, the SHPO will forward the decision to the United States secretary of the interior, or designee. The secretary of the interior has 15 working days from receipt to take exception to the certification.  The SHPO shall respond to the local government within 15 working days of the secretary’s response.

                C.            When a local government’s certification request has been approved in accordance with this rule, the HPD shall prepare a written certification agreement that lists the specific responsibilities of the local government. The responsibilities shall include the four minimum requirements and duties as outlined in Section 4.10.10.10 NMAC above and shall also include any additional responsibilities required by legislation or any additional duties delegated to all CLGs in New Mexico.

                D.            The HPD will forward to the secretary a copy of the approved request and the certification agreement.  If the secretary does not take exception to the request or the agreement within 15 working days of receipt, the local government shall be regarded as certified.

[4.10.10.17 NMAC - Rp, 4 NMAC 10.10.17, 1/1/08]

 

4.10.10.18             MONITORING AND DECERTIFICATION:

                A.            The HPD will conduct periodic review and monitoring of CLGs to assure that each CLG is meeting applicable standards and fulfilling its duties, including the responsibilities delegated to the CLG under the National Historic Preservation Act. The CLG procedures shall also be in conformance with federal and state standards, including standards for statewide comprehensive historic preservation planning and other appropriate planning processes. These standards will be provided by the HPD. The HPD shall also review the annual reports, records of the administration of funds allocated from the HPD to the CLG, and other documents as necessary.

                B.            If the HPD evaluation indicates that the performance of a CLG is inadequate, the HPD shall document that assessment and delineate for the CLG ways to improve its performance. The CLG shall have a period of not less than 30 calendar nor more than 180 calendar days, depending on the corrective measures required, to implement improvements. If the HPD determines that sufficient improvement has not occurred, the HPD will recommend decertification of the local government to the secretary of the interior, citing specific reasons for the recommendations. When the local government is decertified, the HPD will terminate any financial assistance and will conduct a close-out review of any grants the CLG received from the HPD.

[4.10.10.18 NMAC - Rp, 4 NMAC 10.10.18, 1/1/08]

 

4.10.10.19             TRANSFER OF HISTORIC PRESERVATION FUNDS TO CLGs:

                A.            Pursuant to the National Historic Preservation Act, 16 U.S.C. 470c, 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.

[4.10.10.19 NMAC - Rp, 4 NMAC 10.10.19, 1/1/08]

 

HISTORY OF 4.10.10 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the state records center & archives under HPD Rule 86-1 Certified Local Government Program, filed 7/14/86.

 

History of Repealed Material:

4 NMAC 10.10, Certified Local Government Program, (filed 11/03/1997) repealed 1/1/08.

 

Other History:

HPD Rule 86-1 Certified Local Government Program (filed 7/14/86) renumbered, reformatted and replaced by 4 NMAC 10.10, Certified Local Government Program, effective 11/15/97.

4 NMAC 10.10, Certified Local Government Program (filed 11/03/97) renumbered, reformatted and replaced by 4.10.10 NMAC, Certified Local Government Program, effective 1/1/08.