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HomeMy WebLinkAbout2022-07-15 1323 email AR CLG Procedure - Attachment 1 Arkansas Certified Local Government Procedures Prepared by: Arkansas Historic Preservation Program 1500 Tower Building 323 Center Street Little Rock, Arkansas 72201 (501) 324-9880 April 5,1985 Revised: October 2001 2 I. INTRODUCTION A. Description The Historic Preservation Act of 1966 established a federal-state partnership for the identification, evaluation and protection of historic resources. In Arkansas these functions are performed by the Arkansas Historic Preservation Program (AHPP). The success of the working relationship between the federal government and the states prompted Congress to expand the partnership to provide for participation by local governments. By participating in the identification, evaluation, registration and protection of historic resources with their community, Certified Local Governments (CLG): • Assume a leadership role in the preservation of the community's prehistoric and historic resources. • Have a formal role in the National Register Nomination review process. • Participate in the establishment of regional and state historic preservation objectives. • Are eligible to apply for subgrants from a designated CLG fund established annually by the AHPP. The National Historic Preservation Act, as amended (16.U.S.C. 470 et seq.) contains the legal basis for the new federal-state-local partnership. The federal law directs the State Historic Preservation Officer (SHPO) and the Secretary of the Interior to certify local governments to participate in this partnership and specifies several requirements which the local government must meet. The purpose of this document is to outline how this partnership is implemented in Arkansas. B. Purpose The Certified Local Government Program is designed to promote the preservation of prehistoric and historic sites, structures, objects, buildings and historic districts by establishing a partnership between the local government and the Arkansas Historic Preservation Program. Such partnerships will expand local participation in preservation issues and help to assure that: • Historic preservation issues are understood and addressed at the local level and are integrated into the local planning and decision making processes at the earliest possible opportunity. • Local interests and concerns are integrated into the identification, evaluation, registration, and protection processes of the Arkansas Historic Preservation Program. • Information concerning local historic preservation issues is provided to the Arkansas Historic Preservation Program and to the public. • Historic preservation commissions are established in more cities and are updated, if necessary, where they already exist. 3 C. Definitions Terms as used in these guidelines are defined as follows: Local Government - a city, county, township, municipality, or any other general purpose political subdivision of the state. Note: Because a Regional Planning Commission or a Council of Government is not a general-purpose political subdivision, it does not qualify to be a direct recipient of pass-through funds. However, it is permissible for CLGs to use awarded funds to contract with a Regional Planning Commission or a Council of Governments for a project of service.) Chief Elected Local Official -the elected head of a local government. Historic Preservation Commission - a board, council, commission or other similar body which is established by state or local legislation. In the case of a certified local government, the duties of the commission would include, at a minimum, acting in a leadership role regarding local preservation issues and reviewing local National Register Nominations for properties within the CLG's jurisdiction. In the case of a Local Ordinance Historic District the duties of the commission will include, at a minimum, the review of all proposed projects involving construction or alteration to structures or their sites to determine if the project is appropriate to the character of the historic district. Certified Local Government (CLG) - a local government that has been certified as meeting the requirements set forth in this document. Designation – recognition of a property or a district’s historic significance National Historic Preservation Act – (16.U.S.C. 470 et seq.) Establishes a Program for the Preservation of Additional Historic Properties throughout the Nation National Register of Historic Places (NR) - a national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture maintained by the Secretary of the Interior. National Park Service (NPS) - the bureau of the Department of the Interior to which the Secretary of the Interior has delegated the authority and responsibility for administering the National Historic Preservation Program. Preservation-related Professional - a professional from the disciplines of architecture, history, architectural history, planning, landscape architecture, archeology, or other historic preservation related disciplines, such as urban planning, American civilization, cultural geography, or cultural anthropology. Protection – areas or properties that have usage or design restrictions through force of law. Secretary - the Secretary of the Interior. Secretary of the Interior's Standards for Rehabilitation Projects - guidelines used to determine if rehabilitation work is consistent with the historic character of a structure and, where applicable, the district in which it is located. A copy of the "Standards" may be obtained from the AHPP. State Historic Preservation Officer (SHPO) - the official within each state who has been designated and appointed by the Governor to administer the State Historic Preservation Program. In Arkansas, the SHPO is appointed pursuant to Ark. Stat. Ann. 8-904 et. seq. 4 Arkansas Historic Preservation Program (AHPP) - the Arkansas State agency responsible for developing and implementing a statewide program of historic preservation pursuant to Ark. Stat. Ann. 8-904 et. seq. Subgrantee -the agency, institution, organization or individual to which a subgrant is made by the State and which is accountable to the State for use of the funds provided. Historic Preservation Fund (HPF) - the source from which monies are appropriated to the program of matching grants-in-aid to the states from historic preservation programs as authorized by section 101 (e) of the national Historic Preservation Act as amended. II. ELIGIBILITY FOR PARTICIPATION IN THE CERTIFIED LOCAL GOVERNMENT PROGRAM A. General Eligibility 1. Any general-purpose political subdivision of the state such as a city or county which meets the criteria set forth in this document is eligible to apply for certification. 2. The National Historic Preservation Amendments Act as amended (16 U.S.C. 470) contains five broad standards which must be met by a local government seeking certification. These standards require the local government to: 3. a) Enforce appropriate state and local legislation for the designation and protection of historic properties. b) Establish an adequate and qualified historic preservation review commission by appropriate state or local legislation. c) Maintain a system for the survey and inventory of historic properties. d) Provide for adequate public participation in the local historic preservation program, including the process of recommending properties to the National Register. e) Satisfactorily perform the responsibilities delegated to it under the Act. B. Local Ordinance 1. A local ordinance must be enacted by the local government and contain at a . minimum the following: a) Statement of purpose substantially similar to the language in the purpose clause of the state enabling legislation, Ark. Stat. Ann. 14-172- et. seq. b) A clear delineation of designated district boundaries meeting federal statutory definition of protection and designation for currently designation definition of districts. c) Definitions of appropriate terms used in the ordinance, i.e., alteration, area of influence, ordinary maintenance, etc. d) Specific membership and duties of the historic district commission. – See Sec. II below. 5 e) Mandatory review of alterations, demolitions, new construction or other action that may effect locally designated property. f) Specific guidelines, substantially similar to the Secretary of the Interior's Standards for Rehabilitation to be used by the Commission in reviewing application for certificates of appropriateness. g) Provision for procedural due process including public hearings and public notification. h) Specific time frames for reviews and consideration of alternatives. i) Provisions for noncompliance. C. Local Historic Preservation Commission 1. Local governments must establish a local preservation commission with the following minimum requirements: a) The commission shall have at least five members, all of whom have demonstrated interest, competence, or knowledge in historic preservation. b) All members of the commission should be preservation related professions , to the extent available in the community. If this requirement is not met the local government must demonstrate that it has made a reasonable effort to fill these positions with a preservation-related professional. When the commission is reviewing a matter in a discipline not represented on the commission they shall consult with a professional who has expertise in that discipline. (e.g., if there is not an archeologist on the commission, the Arkansas State Archeologist could be contacted when reviewing National Register Nominations which involve archeological sites) c) Members of the commission must be residents of the county or municipality for which they serve. d) Terms of office shall be at least three years and staggered (except as provided in the initiation of a commission). e) The local appointing authority shall act within sixty (60) days to fill a vacancy, including expired terms, unless extenuating circumstances require an extension. An extension may be given in writing by the AHPP upon petition of the local government. f) The professional standards for local commissions will be no more stringent than those for the State National Register Review Board. – see 36 CFR 61. g) At least four meetings will be held per year at regular intervals, in a public place, advertised in advance and open to the public. 2. Duties of local preservation commissions shall include at a minimum: a) Conducting or causing to be conducted a continuing survey of cultural resources in the community according to guidelines established by the AMP. 6 b) Establishing and using written guidelines for the conservation of structures within locally designated historic districts in decisions on requests for permits for alteration, demolition or new construction within the historic district (Design review guidelines shall be substantially similar to the Secretary of the Interior's Standards for Rehabilitation Projects). c) Acting in an advisory role to other officials and department of local government regarding the protection of local cultural resources. d) Acting as liaison on behalf of the local government to individuals and organizations concerned with historic preservation. e) Working toward the continuing education of citizens within the CLG's jurisdiction regarding historic preservation issues and concerns. f) Reviewing all proposed National Registration nominations for properties within the boundaries of the CLG's jurisdiction. When a commission reviews a nomination or other action that will impact properties which are normally evaluated by a professional in a specific discipline, and that discipline is not represented on the commission, the commission must seek expertise in that discipline before rendering its decision. This may be accomplished through consultation. g) The State Historic Preservation Officer may delegate further mutually agreed upon responsibilities to the CLG through written agreement. All delegated responsibilities must be complimentary to and carried out in coordination with those of the State Historic Preservation Office as outlined in 36 CFR 61.3(b). 3. The Arkansas Historic Preservation Program will make orientation materials and training available to all commissions. D. Survey of Historic Resources 1. The CLG shall begin or continue to maintain an Arkansas Historic Preservation Program approved process to identify historic properties within its jurisdiction. 2. A detailed inventory of the survey shall be maintained and periodically updated. 3. Inventory material shall be compatible with the AHPP survey inventory for the purposes of being integrated into the statewide comprehensive historic planning process. a) Inventory information will be recorded on forms provided by the AHPP in accordance with established survey standards as outlined in the AHPP's Survey Manual and the Arkansas Cultural Resources Form Handbook. b) Originals of all survey reports and inventory forms must be provided to the AHPP. Inventory must be locally accessible and stored in a safe, secure location. 4. Inventory must be accessible to the public at the discretion of the AHPP. 7 E. Public Participation. 1. All meetings of the historic preservation commission must be publicly announced, be open to the public and have, a previously available agenda. 2. Public notice must be provided prior to any special meetings. 3. Rules of procedure shall be available for inspection. 4. Minutes of all decisions and action of the commission, including the reasons for making these decisions, must be kept on file and available for public inspection. III. PROCESS FOR CERTIFICATION OF LOCAL GOVERNMENTS A. The Chief elected official of the appropriate local government shall request certification from the Arkansas State Historic Preservation Officer. The request shall include: 1. A written assurance that the local government will fulfill all requirements outlined above. 2. A copy of the local historic preservation ordinance. 3. A list and accompanying maps of the areas currently designated an historic district or individually designated. 4. Resumes for each of the members of the historic preservation commission. 5. Resumes of staff, if petitioning for additional responsibilities under section II-C of these guidelines. If requested, the AHPP will consider professional staff in conjunction with the credentials for commission members in determining whether the local preservation commission meets section II-C. B. Application for certification may be made at any time throughout the year and is separate from application for funding from the Historic Preservation Fund (see section VI for information on funding). C. The AHPP will respond to the chief elected official within sixty calendar (60) days of receipt of an adequately documented request for certification after determining the applications compliance with Chapter 9 of the Historic Preservation Fund Grants Manual (CLGs). D. The AHPP will notify the Secretary of the NPS of its intent to certify the local government. This information will include a copy of the local government's application as well as a copy of the agreement between the local government and the AHPP. Also included will be a signed 8 certification agreement, and a signed review checklist, both signed by the SHPO and the Chief Elected Official. The Secretary has 15 working days to make any comments after the receipt of this information. If no comment is received by the AHPP from the Secretary the local government will be considered certified, and the SHPO and the local government will enter into a written agreement covering the five minimum CLG responsibilities and any other responsibilities delegated by the SHPO. If the Secretary states any objections to the certification, the SHPO will work with the local government to address the Secretary's concerns. Once a local government is certified, it remains certified without further action unless, after substantive review, the AHPP recommends and proceeds with decertification or the local government requests it no longer wishes to be certified. (see Section 4, below) IV. PROCESS FOR MONITORING CERTIFIED LOCAL GOVERNMENTS A. Assessment of Performance 1. The CLG shall submit to the AHPP an annual report of the activities of the commission. Such reports shall include, but are not limited to: a) Number and type of cases reviewed and their disposition. b) Revised resumes of commission members. c) Appointments to the commission. d) Attendance records. e) All minutes related to National Register nominations. f) Progress on survey activities. g) Information on new locally designated properties. 2. The annual report shall be accompanied by a report on the expenditures of any grants received from the AHPP during that year and shall follow U.S. Department of the Interior regulations for fiscal accountability. 3. The AHPP will conduct periodic reviews and monitoring of CLGs to assure that required standards are being met and that any potential problem area can be addressed prior to the annual project review. These periodic reviews will also be used to insure that the CLG's performance is consistent and is coordinated with the ongoing identification, evaluation, and preservation priorities of the comprehensive State historic preservation planning process. 9 B. Decertification 1. If the AHHP finds the CLGs performance in carrying out its historic preservation responsibilities inadequate at any time, the AHPP shall document that assessment and provide written recommendations to the CLG to improve performance. 2. The CLG shall have a period of usually 30 calendar days but not more than 180 calendar days, depending on the corrective measures required, to implement improvements. 3. If the AHPP finds sufficient improvement has not been made after the specified time period, the AHPP will request decertification of the local government from the Secretary, citing specific reason for the request. The Secretary then has 30 working days to comment on this request. 4. If the Local Government is decertified (voluntarily or involuntarily, per Chapter 9 HPF Grants Manual), the AHPP may terminate any financial assistance and will conduct a closeout review of any funds received. This closeout review will follow procedures specified in the HPF Grants Manual. V. CERTIFIED LOCAL GOVERNMENT PARTICIPATION IN THE NATIONAL REGISTER NOMINATION PROCESS A. CLGs shall submit a report (available for public inspection) to the AHPP regarding the eligibility of each property or district within its jurisdiction proposed for nomination to the National Register. 1. The report shall include recommendations of the local preservation commission and the chief elected official. 2. The report should concentrate on the property's eligibility under the National Register criteria. 3. Failure to submit reports on the eligibility of properties nominated within the jurisdiction of the CLG after the AHPP has informed the CLG of a pending nomination will be considered during the periodic performance evaluation. B. CLG involvement in the National Register process 1. Within 60 calendar days of receipt of the nomination, the CLG shall inform the AHPP by submission of a report (see section V-A) as to its opinion regarding the eligibility of the property. The CLG shall also inform the property owner(s) using National Register criteria for evaluation, as to its opinion regarding the eligibility of the property. 2. In the event a nomination is received by the AHPP before submission to the CLG, the AHPP will forward a copy of the completed nomination to the CLG within 30 calendar days of receipt. 10 3. If both the commission and chief elected official recommend that a property not be nominated because it does not meet the National Register criteria for eligibility, the CLG will so inform the property owner(s) and the State Historic Preservation Officer, the property will then not be nominated unless an appeal is filed with the SHPO in accordance with appeal procedures outlined in 36 CFR 60. Appeals must be received by the SHPO within 30 calendar days of the date the property owner receives notification by certified mail that the property has been determined ineligible for nomination by both the CLG and the Chief elected official. This is in accordance with Section 101[c] 2 of the NHPA. 4. If the commission or the chief elected official of the CLG recommend that a property should be nominated, the nomination will be scheduled for submission to the Arkansas State Review Board. Scheduling will be in accordance with notification time constraints as set forth in 36 CFR Part 60. 5. The Arkansas State Review Board, after considering all opinions, including those of the commission and the chief elected official of the CLG, shall make its recommendation to the State Historic Preservation Officer. Either the local preservation commission or the chief elected official may appeal the SHPOs final decision. 6. When a National Register nomination, that has been reviewed by a commission, is submitted to the National Park Service for review and listing, all reports or comments from the local officials will be submitted along with the nomination. 7. The AHPP 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 AHPP 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 that were received. If a public meeting was held, a list of those attending shall be included in the report. VI. TRANSFER OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS A. General Information 1. At least ten percent of the AHPP's annual allocation from the Historic Preservation Fund (HPF) will be available to CLGs. 2. Any year the Historic Preservation Fund grant appropriation exceeds $65 million, one half of the excess shall also be transferred to all states CLGs nationally according to procedures to be provided by the Secretary. 3. All CLGs are eligible to apply for funds but will not automatically receive funds. 4. CLGs may participate in the review and approval of National Register nominations whether or not they receive pass-through funds. 5. The intent is to use HPF assistance to augment rather than replace existing local commitment to historic preservation activities. 6. CLGs receiving HPF grants will be considered subgrantees of the State, transferred monies shall not be applied as matching share for any other Federal grant, except as specified in the HPF Grant Manual, chapter 14, section L.2., CLG requirements shall be included in the State's written grant agreement with 11 the local government. Any State directed uses of funds are to be consistent with the State comprehensive historic preservation planning process. Information on the rationale for grant awards and amounts shall be made available to the public upon request. 7. The state is responsible, through audit, for proper accounting of HPF monies in accordance with OMB Circular A-133, "Audit Requirements." B. Certified Local Government Eligibility Requirements 1. To be eligible to receive a portion of the local share of the HPF allocation for Arkansas each local government: a) Shall be certified according to the above stated procedures. b) Shall have an adequate financial management system which: (1) meets federal standards of the Office of Management and Budget Circular A-102, Attachment G; (2) is auditable in accordance with federal Accounting Office Standards; and (3) is periodically evaluated by the SHPO. c) Shall adhere to all requirements of the HPF Grant Manual. d) Shall adhere to any requirements mandated by Congress pertaining to the HPF. e) Indirect costs may be charged as a part of a CLG grant only if the CLG meets the requirements of the HPF Grants Manual. In addition, only direct costs may be charged by a CLG unless its indirect cost rate had been approved by the cognizant Federal Agency. 2. The AHPP will assist all CLGs in developing and implementing financial management systems which address the above requirements. C. Project Eligibility Requirements 1. In general, eligible activities will include any project which: a) Furthers the goals of identification, evaluation, nomination and protection of the community's cultural resources. b) Increases the community's awareness and understanding of historic preservation values. c) Increases the capability and effectiveness of the local government in addressing local historic preservation issues and needs. 2. Eligible activities include, but are not limited to, survey of historic properties, nomination of properties to the National Register of Historic Places, public education programs and planning studies. 3. All projects must be eligible for assistance in accordance with the HPF Grants Manual. 12 D. Funding Priority 1. Priority will be given to the projects which: a) Assist in the establishment of a process for the incorporation of the consideration of historic preservation goals and objectives into the community's planning process. b) Increase the community's awareness and understanding of historic preservation values. c) Increase the capability and effectiveness of the local government in addressing local preservation needs. 2. No one CLG will receive a disproportionate share of a year’s allocation. The requirement to provide sufficient funds to produce a measurable result cannot be waived regardless of the number of eligible CLGs. E. Application Procedures 1. Application forms will be provided by the AHPP. 2. The Applicant should submit three (3) copies of the completed application form to the AHPP and one (1) copy to the State Clearinghouse. 3. Within 60 calendar days after the deadline for submission of applications a selection for funding will be made by the SHPO. 4. Project schedules and deadlines may vary from year to year and are dependent upon the time frames in which the Secretary notifies the AHPP of its apportionment from the annual HPF.