Notice of Change/Withdrawal

DEPARTMENT OF STATE
Division of Historical Resources
RULE NO: RULE TITLE
1A-39.002: Definitions
1A-39.003: Grant Funding
1A-39.004: Grant Programs
1A-39.005: Non-Allowable Costs
1A-39.007: Application Procedures
1A-39.008: Application Review
1A-39.009: Grant Award Agreement
1A-39.010: Reporting Requirements
1A-39.011: Restrictive Covenant
1A-39.012: Preservation Agreement
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 25, June 26, 2009 issue of the Florida Administrative Weekly.

Copies of the proposed rule incorporating these changes may be obtained by contacting David Ferro by mail at R. A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250, by phone at (800)847-7278, or by email at dferro@dos.state.fl.us.

Paragraph 1A-39.002(41) is amended to read:

(41) “Religious Property” means any real property and associated improvements owned by a religious institution (examples include churches, schools, meeting halls and parish houses) and any real property, regardless of ownership, that is used as a place of worship a building or portion of a building used as a place of worship. School facilities and residential buildings owned by religious institutions, except those portions of such buildings that may be used as places of worship, are not religious properties for the purpose of state funded grant awards

The last sentence in paragraph 1A-39.002(46) is amended to read:

For the purpose of this grant program, historic significance is evaluated on the basis of the Criteria for Evaluation for the National Register of Historic Places as set forth in 36 CFR 60.4, as revised July 1, 2008, which are incorporated by reference and are available from the Bureau.

Paragraph 1A-39.003(3) is amended to read:

(3) The use of federal funds provided by the U.S. Department of the Interior for historic preservation grants-in-aid is subject to the policies, procedures, and guidelines set forth by that agency in Chapters 8 (Subgrants, Contracts and Third Party Agreements), 9 (Certified Local Governments), and 17 (Procurement Standards) of the July 2007 most recent edition of the Historic Preservation Fund Grants Manual, incorporated by reference, and to any special conditions required by the U.S. Department of the Interior. The A copy of the federal Historic Preservation Fund Grants Manual is available online at http://www.nps.gov/history/hps/hpg/downloads/June2007HPFManual.pdf. may be obtained by writing or calling the Bureau and paying the cost of photocopying.

Sub-subparagraph 1A-39.004(1)(a)2.c. is amended to read:

c. Main Street projects include those providing technical support to the statewide Florida Main Street Program and a one-time start-up grant to newly designated Florida Main Street communities pursuant to Chapter 1A-36 1A-38, F.A.C.;

Sub-subparagraph 1A-39.004(1)(b)1. is amended to read:

Match requirements shall may be waived by the Division for projects providing technical support to the statewide Florida Main Street Program and for Statewide Special Projects.

Paragraph 1A-39.005(11) is amended to read:

(11) Costs for projects having as their primary purpose the fulfillment of federal or state historic preservation regulatory requirements, specifically, costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966, as amended through 2006 2000, or under Section 267.031, F.S.;

Paragraph 1A-39.005(13) is amended to read:

(13) Grantee operational support (i.e., organization salaries, travel, supplies) (Note: project specific travel costs shall may be allowed if specifically requested in the application, included in the Project Budget and clearly demonstrated by the applicant to be essential to completion of the proposed project approved during the application review process and if included in the Approved Scope of Work).

The first sentence in paragraph 1A-39.007(2) is amended to read:

(2) At least seven (7) thirty (30) days prior to each grant solicitation period, the Division shall publish in the Florida Administrative Weekly notification of the impending grant application period.

Subparagraph 1A-39.008(7)(c) is amended to read:

(c) The Division shall publish a notification of the time and place of the meeting and where a copy of the agenda may be obtained in the Florida Administrative Weekly at least seven (7) thirty (30) days prior to the Historical Commission or Review Panel meeting.

Subparagraph 1A-39.008(16)(b) is amended to read:

(b) If the funds available for reallocation exceed the amount needed to accomplish the objective of in (a) above, after funding the projects in (a), the Division Director shall allocate remaining additional funds to new grant awards in rank order at the recommended funding level for projects reviewed and ranked in the same cycle but not funded because of insufficient funding.

Paragraph 1A-39.009(1) is amended to read:

(1) All grant awards which have been approved in accordance with subsection 1A-39.008(15) F.A.C. shall be formalized through a Historic Preservation Grant Award Agreement by which the grantee enters into a contract with the State of Florida for the management of grant funds. The grant award agreement is specific to the type of project being assisted. Each of the following four types of grant award agreements is incorporated by reference and is available on the Division web site are as follows:

(a) Special Category Grants Historic Preservation Grant Award Agreement, DOS Form HR3E1208GAASC, effective (date of adoption), 2009, incorporated by reference. This agreement shall be used for all Special Category Grant awards.

(b) Small Matching Grants Historic Preservation Grant Award Agreement, DOS Form HR3E1208GAASM, effective (date of adoption), 2009, incorporated by reference. This agreement shall be used for all Acquisition and Development, Survey and Planning, Community Education, and National Register Nomination projects for which a match is required.

(c) Non-Matching Grants Historic Preservation Grant Award Agreement, DOS Form HR3E1208GAANM, effective (date of adoption), 2009, incorporated by reference. This agreement shall be used for all Acquisition and Development, Survey and Planning, Community Education, and National Register Nomination, and Statewide Special Projects and technical assistance projects for the Florida Main Street Program that have been (solicited by the Division to meet statewide historic preservation needs), as well as all Acquisition and Development, Survey and Planning, Community Education, and National Register Nomination projects for which the match requirement has been waived.

(d) Abbreviated Historic Preservation Grant Award Agreement, DOS Form HR3E1208GAAAB, effective (date of adoption), 2009, incorporated by reference. This agreement shall be used for all local Main Street and Historic Marker projects.

Sub-subparagraphs 1A-39.009(4)(a)4. and 5. are amended to read:

4. Exception: The encumbrance period for a Special Category Grant project shall may be extended by written approval of the Division if requested in writing as indicated below and if the Grantee demonstrates To be eligible for this extension, the Grantee must demonstrate to the satisfaction of the Division that full encumbrance of grant funding and the required match by binding contract(s) is achievable by the end of the requested extended encumbrance period. The Grantee’s written request for extension of the encumbrance deadline must be submitted to the Division no later than May 31 of the state fiscal year in which the grant funds are appropriated by the Legislature. For Special Category Grant projects, the maximum extension of the encumbrance period shall be 180 days.

5. Exception: A one-time thirty (30) day extension of the encumbrance period for Small Matching Grant projects shall may be granted by the Division if requested in writing as indicated below and if the Grantee demonstrates by the Grantee To be eligible for this extension, the Grantee must demonstrate to the satisfaction of the Division that full encumbrance of grant funding and the required match by binding contract(s) is achievable by December 1 of the state fiscal year in which the grant funds are appropriated by the Legislature. The Grantee’s written request for extension of the encumbrance deadline must be submitted to the Division no later than October 1 of the state fiscal year in which the grant funds are appropriated by the Legislature. No further extension of the encumbrance period shall be granted.”

The first sentence in sub-subparagraph 1A-39.009(4)(a)6. is amended to read:

6. Small Matching Grant projects for which full encumbrance of grant funding and the required match is not accomplished by the extended encumbrance deadline shall may be terminated by the Division.

Sub-subparagraphs 1A-39.009(4)(d)4. and 5. are amended to read:

4. For Special Category Grant projects, the Division shall may extend the expenditure period by not more than 180 days provided that the grantee requests the extension in writing and:

a. Documents that all grant funds and match contributions are encumbered; and

b. Demonstrates to the satisfaction of the Division that project work is progressing at a rate such that completion is achievable within the extended expenditure period.

5. For Small Matching Grant Projects, a one-time thirty (30) day extension shall may be granted by the Division if requested in writing by the Grantee and if the Grantee demonstrates To be eligible for this extension, the grantee must demonstrate to the satisfaction of the Division that project work is progressing at a rate that completion is achievable within the extended grant period.

Subparagraph 1A-39.009(5)(b) is amended to read:

(b) All grantee payment requests must be submitted to the Division in writing on the Payment Request Form provided by the Division (DOS Form HR3E1208PRF, effective (date of adoption), 2009, incorporated by reference and available on the Division web site.

Subparagraph 1A-39.010(2)(b) is amended to read:

(b) The following Project Progress and Expenditure Report forms, incorporated by reference and available on the Division’s web site, shall be used for the corresponding Small Matching Grant project type:

1. Acquisition & Development Project Progress and Expenditure Report (DOS Form HR3E1208PERSMAD, effective (date of adoption), 2009), incorporated by reference);

2. Survey and Planning/Community Education Project Progress and Expenditure Reports (DOS Form HR3E1208PERSMSPCE, effective (date of adoption), 2009), incorporated by reference) (for Survey & Planning, Community Education and National Register nomination projects for which a match is required);

3. Non-Matching Grant Project Progress and Expenditure Reports (DOS Form HR3E1208PERNM, effective (date of adoption), 2009) (for special solicited projects and REDI waiver projects);

4. Abbreviated Historic Preservation Grant Project Progress and Expenditure Reports (DOS Form HR3E1208PERAB, effective (date of adoption), 2009) (for Historical Marker and Main Street projects); and

5. Certified Local Government Grant Project Progress and Expenditure Reports (DOS Form HR3E1208PERCLG, effective (date of adoption), 2009).

The following sentence is added to the end of paragraph 1A-39.011(1):

This Restrictive Covenants form, incorporated by reference, is available on the Division web site.

The first sentence in paragraph 1A-39.012(1) is amended to read:

(1) For Special Category and Small Matching Grant projects involving properties other than real property (e.g., an aircraft, locomotive or marine vessel), Division receipt of an executed and notarized Preservation Agreement, DOS Form HR3E1208PASC, effective (date of adoption), 2009, incorporated herein by reference and available on the Division web site, shall be required prior to the release of grant funds.

The first sentence in paragraph 1A-39.012(2) is amended to read:

(2) For Small Matching Grant projects involving acquisition of or improvement to a historic property, Division receipt of an executed and notarized Preservation Agreement, DOS Form HR3E1208PASM, effective (date of adoption), 2009, incorporated herein by reference and available on the Division web site, shall be required prior to the release of grant funds.