Arkansas Administrative Code
Agency 012 - Department of Arkansas Heritage
Division 09 - Arkansas Natural and Cultural Resources Council
Rule 012.09.02-001 - Bylaw Amendments
Current through Register Vol. 49, No. 2, February 2024
ARTICLE I
Name
The name of this council shall be the Arkansas Natural and Cultural Resources Council, herein referred to as the Council.
ARTICLE II
Purpose
The purpose of this Council shall be to administer the Natural and Cultural Resources Grants and Trust Fund, established by Arkansas Act 729 of 1987 (now codified as Arkansas Code Annotated 15-12-101 through 15-12-103 ) and to administer and approve all grants payable from the fund, pursuant to A. C. A. 15-12-101 through 15-12-103. The Natural and Cultural Resources Grants and Trust Fund is to be managed for the acquisition, management, and stewardship of State-owned lands, or the preservation of State-owned historic sites, buildings, structures, or objects which the Council determines to be of value for recreation or conservation purposes, said properties to be used, preserved, and conserved for the benefit of present and future generations.
ARTICLE III
Public Information
ARTICLE IV
Members
The Council shall consist of eleven (11) voting members, as follows:
Members of the Council shall serve without pay, provided that:
Any member appointed by the Governor to serve as a Council member who shall be absent from two (2) successive regular meetings shall be subject to removal in the event he fails to present to the Council's Secretary/Disbursing Officer on behalf of the Governor a satisfactory excuse for such absence; and in that event, such unexcused absence shall constitute sufficient cause for removal, pursuant to Arkansas Code Annotated 25-17-211.
Any Council member who shall be absent from three (3) successive regular meetings, for any reason other than illness of such member, verified by a written sworn statement by his attending physician and entered in the minutes of the Council, shall thereby forfeit and vacate his membership on the Council and such forfeiture and vacancy shall be forthwith certified to the Governor by the Secretary/Disbursing Officer of the Council, pursuant to A. C. A. 25-17-211.
In the event of an emergency, the Director of the Department of Arkansas Heritage, the Director of the Department of Arkansas Parks and Tourism, and the Commissioner of State Lands each may send a designee to represent him. The Directors of the Department of Arkansas Heritage and the Department of Arkansas Parks and Tourism must have approval from the Governor prior to sending a designee.
No action may be taken by the Council if there are more than three designees in attendance.
ARTICLE V
Officers
The officers of the Council shall be a Chairman, a Vice-chairman, and a Secretary/Disbursing Officer. These officers shall perform the duties prescribed by these bylaws and by the parliamentary authority adopted by the Council. All officers shall be elected by ballot by the members of the Council, except the Secretary/Disbursing Officer who shall be the Director of the Department of Arkansas Heritage, pursuant to Act 729 of 1987, as codified in Arkansas Code Annotated 15-12-101. Ballots shall be dispensed with by a unanimous vote when there is one candidate for office.
The Officers shall have general supervision of the affairs of the Council between its regular meetings; fix the hour, place, and agendas of meetings; make recommendations to the Council; and approve emergency grants. The Officers shall be subject to the orders of the Council, and none of their acts shall conflict with action taken by the Council.
Meetings of the Officers may be called by the Chairman and shall be called upon the written request of two of the Officers.
ARTICLE VI
Meetings
The Council will meet annually for the purposes of assessing the amount of funds available for grant awards, to make grants, to review reports, to review and make any needed changes in policies and procedures, to elect officers, to establish the next year's meeting dates, and other purposes.
The Council shall meet in regular session at least three times per year and shall meet in special session as often as its business may require, pursuant to Arkansas Code Annotated 25-17-208. All meetings shall be open to the public except as noted in A. C. A. 25-17-208.
The Council shall meet on call of the Chairman, or upon written request of four (4) or more members. The purpose of the meeting shall be stated in the call. Action taken by the Council at a special called meeting will be limited to the purpose of the meeting. Reasonable notice of special called meetings will be given to each Council member.
Each Council member and each person who shall have requested notice, shall receive a written agenda of upcoming regular meetings, not later than two weeks prior to the meeting date.
Action may be taken by the Council only on items included on the agenda. Changes to a meeting's agenda may be made by a 2/3 (two-thirds) vote of the members.
A majority of voting members of the Council shall constitute a quorum.
All action taken by the Council shall be by affirmative vote of a majority of the members of the Council, unless otherwise specified in the Bylaws and Grant Funding and Application Procedures.
Committee meetings may be called by the respective Chairman of each committee. Decisions may be made by a majority vote of the committee. Committee meetings will follow the Arkansas Freedom of Information Act.
ARTICLE VII
Committees
The Chairman shall appoint committee members for standing or special committees as the Council or Officers shall from time to time deem necessary to carry on the work of the Council. The Chairman shall be ex officio a member of all committees, except a nominating committee for Council Officers.
ARTICLE VIII
Parliamentary Authority
The rules contained in the most recently published edition of Robert's Rules of Order Newly Revised shall govern the Council in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the Council may adopt.
ARTICLE IX
Amendment of Bylaws
These bylaws may be amended at any regular meeting of the Council by a two-thirds (6 votes) vote from the members, provided that the amendment has been submitted in writing at the previous regular meeting. The Council will follow the procedures specified in the Arkansas Administrative Procedures Act for the adoption of amended bylaws.
ARTICLE X
Fiscal Procedures
Fiscal Year
The Council will operate on the State of Arkansas' fiscal year.
The Council may establish an annual budget for administrative expenses funded by the Natural and Cultural Resources Grants and Trust Fund. The budget will be approved by the full Council and administered by the Secretary/Disbursing Officer. All expenditures will be in accordance with the State General Accounting and Budgetary Procedures Law.
Disbursement of funds shall be limited to the appropriation for the Council and funds made available by law for the support of the Council's appropriation. The restrictions of the fiscal control laws of the State of Arkansas, where applicable, and regulations promulgated by the Department of Finance and Administration as authorized by law, shall be strictly complied with in disbursement of funds. Contracts for any professional or consultant services shall be subject to State Contract restrictions.
The financial operations of the Council shall be subject to auditing by the Arkansas State Legislative Audit staff. Each grantee shall be responsible for the retention of records according to State law.
ARTICLE XI
Grant Funding and Application Procedures
There shall be special rules of procedure followed by the Council for the administration of the Natural and Cultural Resources Grants and Trust Fund, and for the administration and approval of all grants payable from the fund.
Amendments to the special rules of procedure shall require a notice of two weeks and a two-thirds vote of the members.
A suspension of the rules of procedure requires a two-thirds vote of the members.
ARTICLE XII
Grants, Donations, and Contracts
The Council shall have the power to participate in federal or other grant opportunities obtainable through the use of the Fund.
The Council shall have the right to receive gifts, grants, and donations from private and public sources; and to sell or dispose of such as the Council deems advisable. Any and all such donations shall be used solely for the purpose of carrying out the provisions of Act 729 of 1987, as codified in Arkansas Code Annotated 15-12-101 through 15-12-103.
The Council may enter into any contract necessary to accomplish the purposes of Act 729 of 1987, as codified in Arkansas Code Annotated 15-12-101 through 15-12-103, provided that the contract is secured through State of Arkansas procedures.
ARKANSAS NATURAL AND CULTURAL RESOURCES COUNCIL
GRANT FUNDING AND APPLICATION PROCEDURES
The Arkansas Historic Preservation Program and the Main Street Arkansas Program shall be required to file a financial report for expenditures as of June 30 of each year. The report shall be filed with the Council's Secretary/Disbursing Officer no later than July 31 of each year.
The Department of Parks and Tourism shall file a financial report for expenditures as of June 30 of each year. This report shall be filed with the Council's Secretary/Disbursing Officer no later than July 31 of each year.
There shall be established within the Natural and Cultural Resources Grants and Trust Fund a separate and segregated account for the purpose of ensuring the viability of the program through the creation of an inviolate corpus (principal account). Interest drawn from such corpus will be deposited into the Natural and Cultural Resources Council Grants Fund to continue the Council's purposes.
A percentage, determined by the Council, but no less than one percent (1%) of the receipts from the prior twelve month period (May - April), shall be annually deposited into such account.
Projects funded during a regular annual grant period. These grants are submitted through the regular annual grant cycle with projects and expenditures occurring between July 1 and June 30 of each year.
Projects for unanticipated opportunities deemed highly significant and critical for the State to fund, according to the SCORP (Statewide Comprehensive Outdoor Recreation Plan) guidelines and the Council's other review criteria. Funded through a limited amount established by the Council at the annual funding meeting and if the Council desires, through the receipt of returned funds incapable of being spent by original grantees. Emergency grants may be approved by the Council Officers up to the amount determined annually by the Council, with review by the full Council at the next regular meeting after an award is made. Awards may not be made to grants which can be submitted through the regular annual grant process.
Applicants for funding from the Natural and Cultural Resources Grants and Trust Fund shall be agencies of the State of Arkansas which receive General Revenue funding and are authorized by law to acquire, manage, operate, or maintain State-owned lands or to preserve State-owned historic sites, buildings, structures, or objects which the Council determines to be of value for recreation or conservation purposes for the benefit of this and future generations.
In funding State Park improvements, the Council shall initially emphasize the restoration or renovation of existing facilities and historic structures within the system.
Projects shall be selected for funding on the basis of their conformity with these purposes, pursuant to Arkansas Act 729 of 1987, as codified in A. C. A. 15-12-101 through 15-12-103, or its successor.
To qualify for funding as a historic preservation project, a site, building, or structure must either be on, or determined eligible to be on, the National Register of Historic Places. Any question of eligibility will be determined by the Arkansas Historic Preservation Program.
There are two categories of grants for which application may be made: annual grants and emergency grants.
Emergency grant award decisions are made by the Council Officers with a report made to the full Council at the next regular meeting after an award is made. Emergency grant awards may not be made to grants which can be submitted through the regular annual grant process.
The Council will fund projects which conform to the purposes defined in the legislation, bylaws, and grant application procedures. The Council will not fund (a) contributions or donations to other organizations or individuals; (b) entertainment expenses, including refreshments, flowers, reception costs, etc.; (c) lobbying expenses; (d) regular, full-time administrative staff for a project; nor (e) standard, on-going, operating expenses for a project. With regard to (d), this exclusion does not apply to construction personnel.
Grants may be for acquisition, management/stewardship, or a combination of the two.
Applicants approved for funding for the preservation of historic property sites should schedule a meeting and site visit with ANCRC staff, Historic Preservation Program (AHPP) staff, the grant contact, architect, and other key project personnel. This meeting should take place prior to the submission of construction plans, demolition plans or other documents to the AHPP for review. No construction or demolition should commence prior to the approval of the AHPP.
Grant projects that include the rehabilitation or restoration of historic properties must follow the additional procedures listed below in the application process and in the implementation of the grant.
These procedures do not apply to projects which are awarded directly to subgrantees by the Arkansas Historic Preservation Program of the Department of Arkansas Heritage.
After a grant award is made, the architect selected by the grantee is to arrange to meet with the designated staff of the Department of Arkansas Heritage's Arkansas Historic Preservation Program to discuss the project in detail. Architectural fees can be included in the fundable expenses of the grant.
If the scope of a grant project includes interior work, that work shall be made accessible to the handicapped according to the Arkansas Architectural Barriers Accessibility Act of 1989, or its successor, including considerations for historic properties.
Work completed as part of the Council grant shall also comply with the Arkansas Fire Code, including considerations for historic properties.
After receipt of a grant award, the grantee will submit the project plans, specification, and work-cost breakdown to the designated AHPP staff. If clarification or additional information is required, the grantee will be contacted. The AHPP will review each grant project and notify the Council Secretary/Disbursing Officer of its findings. The Secretary/Disbursing Officer of the Council will mail a written notice to the grantee that work may begin on the project. The grantee must notify the Council of the date upon which construction work will begin.
Any changes relating to architecture or construction made to the project after the project plans are approved and during construction must be reviewed and approved in writing by the Arkansas Historic Preservation Program. The staff of the AHPP will notify the Council Secretary/Disbursing Officer of the changes prior to approving them. Designated staff of the AHPP may inspect the project before, during, and after the completion of the work. The grantee and project architect are encouraged to contact the AHPP with questions at any time before or during work on the project. Grantees are encouraged to take advantage of the expertise available from the AHPP staff before beginning work on a questionable item. All project work should follow guidelines of The Secretary of the Interior's Standards as closely as possible.
The staff of the AHPP will notify the Council Secretary/Disbursing Officer of any instance of unsatisfactory work. Failure by the grantee to follow the guidelines of The Secretary of the Interior's Standards or the recommendations of the AHPP staff may result in the forfeiture of the grant's outstanding payments and a recall of already awarded funds. Further penalties are noted under the "Legal, Financial, and Reporting Requirements for Grant Recipients" section of these procedures.
The Council Officers shall meet within 10 working days of receipt of the appeal (or on a date mutually agreed upon by both parties) and determine the course of action to be taken.
The Council Officers may choose to have the full Council review the appeal. If so, the Chairman of the Council shall call a special called meeting of the full Council to be held within 20 working days of the Council Officers' meeting (or on a date mutually agreed upon by both parties) to hear the appeal. The decision of the full Council shall be final.
If a grantee agency is dissatisfied with the determination made by the Council Officers, the agency may request a hearing by the full Council. The Chairman of the Council shall call a special called meeting of the full Council to be held within 20 working days of the receipt of the request for a hearing (or on a date mutually agreed upon by both parties). The decision of the full Council shall be final.
A copy of the appraisal for the acquisition of property, and/or item must be submitted to the Council Secretary/Disbursing Officer as soon as it is received after grant awards are made. If the applicant already has an appraisal, it should be submitted with the application.
The applicant agrees that the project is being acquired, developed, renovated, managed, or maintained with Council grant funds (or that such funds are integral to the project) and thus, without the written approval of the Council, it shall not be converted to a use that would compromise the integrity of the original grant project.
The applicant also agrees that the owner of the property being assisted by Council funds will notify the Council within ninety (90) days of a transfer of title.
By the acceptance of a Council grant, the grantee will give the Council or its designee the right to inspect the property at all reasonable times to ascertain the grantee's compliance with the grant agreement.
The Council may determine if the returned funds will be added to the Council's separate Trust Fund, to the amount set aside that year for Emergency Grants, or returned to the Council's grants fund for awarding the following regular grant cycle.
The Council shall grant the Council Officers (as a group) the authority to grant extensions for projects having unavoidable delays. Any such extension must have the approval of a majority, two of the three Council Officers, and shall be reviewed by the full Council at the next regular meeting.
Photographs of the potential project site are requested as part of the application package.
Applicants will be encouraged to contact the Department of Arkansas Heritage staff for assistance in preparing an application prior to its submittal to lessen the chance for errors.
After the Department of Arkansas Heritage staff reviews the grant application for completeness and accuracy, the applicant will be notified to submit the remaining fourteen copies of the application by a specific date.
Emergency grants are not for the purpose of circumventing the regular grant review procedures. Emergency grants are not awarded to any project which could normally be sent through the regular grant review and approval process.
Applications are not eligible if they 1) follow immediately after the regular grant deadline and reflect no apparent emergency, or 2) could normally be reviewed at the regular deadline for Annual grants.
There is no limit to the number of Emergency Grants that may be awarded, as long as the total amount for Emergency Grants determined by the Council for that year is not exceeded.
An annual funding meeting shall be held prior to May 15. At that meeting, a report of the funds collected, donations, returned funds, and all other funds available for granting for the next grant period (July 1 - June 30) will be provided to the Council members.
Actions at the annual meeting will include, but not be limited to the following:
After award decisions are made, award letters, contracts, final budget forms, and instructions shall be mailed to recipients. All documents are to be completed, signed, and returned to the Council by the stated deadline. Failure to return the completed forms by the deadline may result in a delay of funding or forfeiture of the grant.
Once the terms of the grant are finalized, no substantive changes which affect the scope or completion of the project may be made in the program or budget as described in the original grant application unless the grantee submits a written request for a change in advance. This request is to be submitted to the Council Secretary/Disbursing Officer who may approve the request or may determine that the Council Officers as a group review the request.
The grant contract is a legal document. The grant recipient's failure to abide by the terms of the grant contract will result in immediate suspension of outstanding payments and recall of allocated funds.
The forfeiture of a grant under such conditions will be reported to the Governor and to the Arkansas Legislative Council, and may result in the Council no longer accepting grant applications from the forfeiting agency.
Legal remedies available to the Council under State laws may be pursued.
When a grant award is made, the State agency receiving the grant is given a new State appropriation and funding specific to the grant. The State Department of Finance and Administration will establish an appropriation code and a fund code for each grant.
Monies are transferred to the grantee's new fund account according to the schedule the grantee requests as part of the grant award packet. The funding schedule is established at the beginning of the grant. An accurate estimate of timing of funds is important since the Council invests funds not being used by grantees. Early withdrawals are discouraged and allowed only with the approval of a written request by the Council Secretary/Disbursing Officer.
All expenditures are subject to the State of Arkansas Accounting Procedures and Purchasing laws and regulations.
For accounting purposes, financial records shall reflect all obligations and disbursements of grant and matching monies. The financial accounts shall be subjected to audit by the agencies of the Council, State of Arkansas, and/or the Federal Government as applicable. The grantee shall be responsible for the safekeeping and identification of records maintained to account for funds awarded by the Council. Said records must be kept in the grantee's file for a period of three years after completion of the project.
Each grant project will comply with all applicable State and Federal laws relating to the nature and purposes of the grant project (i.e., acquisition of lands, handicapped accessibility, State Clearinghouse procedures, retention of records, etc.).
The Council recommends voluntary compliance with Federal laws appropriate to the project which may not be formally required of the applicant, such as environmental, fish and wildlife, historic preservation, civil rights, and equal employment laws.
Grant recipients are required to submit reports during the year to the Council's Secretary/Disbursing Officer.
After grant awards are made, a meeting will be held for all project directors of funded grants.
Participation in the annual project directors meeting is mandatory. Any Grantee who does not send appropriate personnel to review the ANCRC procedures at this meeting shall not receive funds until the grantee has made arrangements to meet with appropriate ANCRC staff, fiscal management staff, and Historic Preservation Program staff.
Permanent signage for each project funded by the Council is required. A specific description of the requirements will be provided to each applicant as part of the annual grant application guidelines. Applicants for Emergency Grants will be provided the same information. Each grant contract will include an agreement by the applicant to comply with the signage requirements.
Each grantee will be provided with one sign per project site. This sign will be of metal, size 12" x 18." Each grantee will also be provided camera-ready artwork for a Council logo for use in printed materials concerning their grant projects.
If a grantee feels that a grant project needs more than one permanent sign, a request for additional signs with justification as to the need may be submitted to the Council Secretary/Disbursing Officer. The Council Secretary/Disbursing Officer may grant additional signs for projects.
If a grant project is for further development or expansion of an existing site that already has a permanent Council acknowledgement sign, another sign is not necessary.
If the grantee feels that the standard 12" x 18" metal sign available at no charge from the Council is not appropriate for a particular project, the grantee may request the Council sign artwork for the purpose of creating a more appropriate permanent sign. The Council will provide the selected PMS colors (which are currently PMS 468C Cream for background and PMS 301c Blue for lettering) and camera-ready artwork in approximate sizes as follows: 7" x 9"; 8 1/2" x 11"; 10" x 12"; 12" x 18".
The grantee may produce a permanent sign from other materials, such as a decal, framed document, bronze or wooden plaque, etc.; however, the grantee will bear the cost for the production and installation of the alternate sign. This cost may not be paid from Council funds.
If a grantee does not plan to use a metal sign or alternate sign as provided by the Council, a description of the sign intended to be used must be approved by the Council Secretary/Disbursing Officer prior to the sign's creation and installation.
Any publication produced in part or in whole with Council funding should use the Council logo provided by the Council and must contain the following statement: "This publication was produced (in part) by a grant from the Arkansas Natural and Cultural Resources Council, funded by the Arkansas Real Estate Transfer Tax."
Each grantee will be responsible for the permanent installation of the project sign. A permanent sign acknowledging receipt of the Council monies must be in place before a final report will be accepted from the grantee.
A detailed description of the location of the installed permanent sign must accompany the grantee's final report. If more signs than one are granted for a project, the grantee must submit a description of the location of the installation of each sign along with the final report.
If appropriate to the nature of the project, the permanent sign should be erected at the onset of construction or work at a project site.
Signs are to be placed in an appropriate location of maximum visibility.
If a metal sign provided by the Council becomes damaged and needs to be replaced, a replacement sign may be requested of the Council. The request should be in writing and include a justification. The requests should be sent to the Council Secretary/Disbursing Officer who may approve the request.
If a grantee's project involves subgrantee activities, the grantee's requirements for subgrants must include these same signage requirements.
Questions about sign requirements not covered in this document should be submitted to the Council Secretary/Disbursing Officer who shall advise the inquiring party consistent with the signage requirements, or may determine that the Council Officers or entire Council as a group address the questions.
If a publication is produced with Council grant funds, one copy of the publication must be given to the Council as part of the grant's final report.
Attached are samples of the Council grant forms.