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

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.