HomeMy WebLinkAboutR-85-1006_95-9 5
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RESOLUT ION NO. 9 ..1006
A RESOLUTION AUTHORIZING, THE CITY MANAGER
TO APPLY FOR CERTIFICATION UNDER FLORIDA'S
CERTIFIED LOCAL GOVERNMENTS PROGRAM TO
PARTICIPATE IN THE FEDERAL HISTORIC.
PRESERVATION PROGRAM.
WHEREAS, the National Historic Preservation Act provides a process for
certifying local governments to participate in the federal historic
preservation program; and
WHEREAS, Florida's State Historic Preservation Office is accepting
applications for certification;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to apply for
certification under Florida's Certified Local Governments Program to
participate in the Federal historic preservation program.
PASSED AND ADOPTED this 26th day of SEPTEMBER
1985.
MAURICE A. FERRE
MAURICE A. ,i
PREPARED AND APPROVED BY:
APPROVED AS TO FORM AND CORRECTNESS:
It I
CiTY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members
of the City Commission
FROM
Sergio Pereira
City Manager
DATE SEP 1 8 1985 FILE
SUBJECT Certified Local Government
Program
REFERENCES
ENCLOSURES
It is recommended that the City Manager be
authorized to apply for certification
under Florida's Certified Local
Governments Program to participate in the
federal historic preservation program, per
the attached resolution.
The National Historic Preservation Act was recently amended by Congress to
provide a process for certifying local governments to participate in the
federal historic preservation program. The State Historic Preservation Office
(SHPO) and the National Park Service are responsible for certifying local
governments, and Florida is now accepting applications for certification.
Expanded participation in the process for nominating properties to the
National Register of Historic Places is one of the benefits extended to
Certified Local Governments. Local governments that become certified will
review all nominations to the National Register from their jurisdiction before
reviews at the state and federal level.
In addition, Certified Local Governments may apply for matching grants to
assist a variety of local preservation efforts. Currently, $40,000 is
available statewide, and it appears that only two to four local governments
will be competing for the money. Miami's application would request a
consultant to assist in the preparation of the historic preservation component
of the Downtown Master Plan and DRI.
Discussions with the SHPO indicate that Miami's heritage conservation program
meets the criteria for certification. These criteria include the enforcement
of a local historic preservation ordinance; establishment of a local review
commission (Heritage Conservation Board); maintenance of a system for the
survey and inventory of historic properties; provision for adequate public
participation in the historic preservation program, and satisfactory
performance of National Register responsibilities delegated to it under the
state's guidelines.
Certification would slightly
increase
the workload
of the Planning Department
and the Heritage Conservation
Board.
Recordkeeping
and reporting requirements
would increase somewhat, and
public
hearings would
have to be scheduled for
National Register nominations. Such hearing, however, could be incorporated
into regular Board meetings. The ability to receive a grant in an era of
limited historic preservation funding is an obvious benefit. Finally,
acceptance as a Certified Local Government would carry with it a certain
G` prestige.
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85 -1006
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DRAFT
Program Description
In 1980, Congress amended the National Historic Preservation Act to
provide for a process of certifying local governments to participate in
the federal historic preservation program.
This program was first established by the National Historic Preservation
Act of 1966 (16 U.S.C. 470), as a partnership between the state and federal
levels of governments. The federal government is represented in this
partnership by the United States Department of the Interior. The states
are represented by State Historic Preservation Offices, each state having
one.
A key part of the federal program is the National Register of Historic
Places. State Historic Preservation Offices process nominations to the
National Register, while the Department of the Interior maintains the
Register itself and makes final decisions as to whether or not properties
nominated by the states will be listed.
The 1980 amendments (Public Law 96-515) which amend Section 101 of the
National Historic Preservation Act extend the federal/state partnership to
include qualified local governments, enabling them to participate more
directly in the federal preservation program, becoming essentially a third
member of the partnership, and offering them a better opportunity to
direct preservation efforts at the local level.
In 1984, the Department of the Interior issued regulations setting
forth the details of the Certified Local Governments part of the federal
program. These are found in Section 5 of the Code of Federal Regulations,
Title 36, Part 61, "Procedures for Approved State and Local Government Historic
Preservation Programs."
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According to the regulations, each State Historic Preservation Office
is responsible for preparing state guidelines for certifying local governments.
These guidelines, which describe the state's certification process, must
then be approved by the Department of the Interior. Thereafter, local
governments may apply to the State Historic Preservation Office to become
certified. Once certified, they may participate in the benefits of the
federal program. Florida's guidelines were approved in March of 1985, and
Florida's State Historic Preservation Office is accepting applications for
certification.
Expanded participation in the National Register nomination process is
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one of the significant benefits extended to Certified Local Governments.
Local governments which become certified will review all nominations to the
National Register from their jurisdiction before reviews at the state and
federal level's. They will, therefore, have a better opportunity to
coordinate the nomination and plan for the preservation of properties
within their areas.
In addition, the 1980 amendments provide that at least ten percent
(10Z) of each state's annual federal Historic Preservation Fund apportionment
be set aside for matching grants to Certified Local Governments exclusively.
This money is made available on a competitive basis and may be used to assist a
variety of local preservation activities, including survey and inventory,
preparation of National Register nominations, and the development of
preservation plans, ordinances, and similar documents. Certain public
education projects are also eligible for funding.
In order to be certified, a local government must meet certain prescribed
criteria. In the most general of terms, certification will require local
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According to the regulations, each State Historic Preservation Office
is responsible for preparing state guidelines for certifying local governments.
These guidelines, which describe the state's certification process, must
then be approved by the Department of the Interior. Thereafter, local
governments may apply to the State Historic Preservation Office to become
certified. Once certified, they may participate in the benefits of the
federal program. Florida's guidelines were approved in ?larch of 1985, and
Florida's State Historic Preservation Office is accepting applications for
certification.
Expanded participation in the National Register nomination process is
one of the significant benefits extended to Certified Local Governments.
Local governments which become certified will review all nominations to the
National Register from their jurisdiction before reviews at the state and
federal levels. They will, therefore, have a better opportunity to
coordinate the nomination and plan for the preservation of properties
within their areas.
In addition, the 1980 amendments provide that at least ten percent
(10%) of each state's annual federal Historic Preservation Fund apportionment
be set aside for matching grants to Certified Local Governments exclusively.
This money is made available on a competitive basis and may be used to assist a
variety of local preservation activities, including survey and inventory,
preparation of National Register nominations, and the development of
preservation plans, ordinances, and similar documents. Certain public
education projects are also eligible for funding.
In order to be certified, a local government must meet certain prescribed
criteria. In the most general of terms, certification will require local
SLE-1006
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governments to: (1) enforce appropriate State or local legislation for the
designation and protection of historic properties; (2) establish by local
law an adequate and qualified historic preservation review commission composed
of professional members; (3) maintain a system for the survey and inventory
of historic properties; (4) provide for adequate public participation in the
historic preservation program; and (5) satisfactorily perform the National
Register responsiblities and other such responsibilities delegated to it under
the state's guidelines.
Local governments interested in learning more about the benefits of
being a Certified Local Government and the process of becoming certified
should contact the Architectural Preservation Services Section in the
Bureau of Historic Preservation at (904) 487-2333. Copies of the Florida
Guidelines are available from this office, as are the application
checklist and other program information at: Architectural Preservation
Services Section, Bureau of Historic Preservation, Florida Department of
State, The Capitol, Tallahassee, Florida, 32301-8020.
e-S-Loos
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DRAFT
CE R T IF IE D LOCAL GOVERNMENT GUIDELINES
INTR0DUCT ION
Since its establishment by Congress in 1966, the national historic
preservation program of the United States has operated as a decentralized
partnership between the federal government and the states. Briefly, the
federal government established a program of identification, evaluation, and
protection of nistoric properties based on the National Register of Historic
Places. The program is carried out by the states, under the direction of the
National Park Service of the Department of the Interior. Participating states
receive funding assistance in the form of annual grants from the federal
Historic Preservation Fund to support their efforts. Funds are normally used
to support the staff of the State Historic Preservation Office. A portion of
these funds may be regranted in the form of subgrants for survey, acquisition,
and development activities.
The success of this working relationsnip has prompted Congress to extend
the partnership to provide for direct participation by qualified local
governments. The National Historic Preservation Act Amendments of 1980 (P.L.
96-515) contain the legal basis for the new federal -state -local preservation
partnership commonly referred to as the Certified Local Government program.
The Amendments direct the State Historic Preservation Officer and the
Secretary of the Interior to establish procedures for the certification of
local governments to participate in this partnership. The Certified Local
Government program will permit the State to: 1) delegate certain limited
responsibilities to those local governments that meet specific qualifications
for certification, and 2) provide, from its annual Historic Preservation Fund
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s apportionment, on a competitive basis, limited grant-in-aid funding to assist
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certified local governments in carrying out the responsibilities so delegated.
It should be emphasized that a Certified Local Government way participate in
this program, whether or not it elects to apply for Historic Preservation Fund
transfer funds.
The Certified Local Government program has no connection with the program
of certification of local historic preservation ordinances or of the historic
districts designated under such ordinances, outlined in 36 CFR Part 67.9.
Those are related to certain historic preservation incentives available under
current federal tax laws. While the word "certified" in the two programs may
be confusing, the difference between them is basic and distinct. Properties
listed in the National Register tnrougn the Certified Local Government program
are eligible for all additional protections and benefits associated with such
listing; properties in a district certified under 36 CFR Parc 67.9 are not.
The purpose of these guidelines is to set forth: 1) the requirements and
responsibilities of the Certified Local Government program, and 2) the
procedures for certification of local governments and for transfer of federal
grant funds to participating Certified Local Governments.
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FLORIDA CERTIFIED LOCAL GOVERAAENr GUIDELINES
TABLE OF C O NPE M
Introduction...................................0................. i
A. Definitions ......................................... 6...... 1. 1
B. Requirements ................................................. 2
1. Local Historic Preservation Legislation .................. 2
2. Historic Preservation Review Commission .................. 4
3. System for Survey and Inventory .......................... 7
4. Public Participation......... ............................ 6
5. Satisfactory Performance of Responsibilities ............. 9
C. Procedures.......... ...... 0 ............................. 9
1. Certification of Local Governments in Florida............ 9
2. Monitoring Certified Local Governments/Process for
Decertification/Local Government Appeal .................. 12
3. Transfer of Funds ........................................ 15
4. Certified Local Government Participation in the
Florida National Register of Historic Places Process..... 19
Appendix A - Professional Qualifications Standards ............... 25
Appendix B - Rules of the Department of State, (See Attached)
Florida Administrative Code
Historic Preservation Grants -in -Aid
Appendix C - Application/Checklist ............................... 28
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A. Definitions
1. Appropriate Local official: the mayor, county executive, or
otherwise titled administrative official who is the head of -
the local political jurisdiction which is the Certified Local
Government.
2. Commission: a board, council, commission, or other similar
collegial body which is established in accordance with Section
C.2• of these guidelines.
3. Florida Conference of Preservation Boards and Commissions:
a coalition of Florida historic preservation boards and
commissions. Formed under the auspices of the Florida Trust
for Historic Preservation, its primary functions are to educate
preservation commission members and to enable commissions to
share ideas.
4. Florida Master Site File: the list or catalog of all recorded
historical and archaeological sites and properties in Florida.
It is maintained by the Division of Archives, History and
Records Management.
5. Historic Preservation Fund: the monies accrued under the
Outer Continental Shelf Lands Act, as amended, to support
the program of matching grancs-in-aid to the states for
historic preservation programs and projects, as authorized
by Section 101(d)(1) of the National Historic Preservation
Act, as amended.
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6. National Register of Historic Places: the national list of
districts, sites, buildings, structures, and objects
significant in American history, architecture, archaeology,
engineering, and culture, maintained by the Secretary of
the Interior under authority of Section 1O1(a)(1)(A) of the
National Historic Preservation Act, as amended.
7. State Historic Preservation Officer: the official within
each state who has been designated and appointed by the
Governor to administer the historic preservation program in
the state.
B. Requirements
The following requirements are contained in 36 CFR, Part 61,
the rule which establishes regulations necessitated by
enactment of the National Historic Preservation Act Amendments
of 1980, Public Law 96-515, on December 12, 1980. Local
governments desiring to become Certified Local Governments must
meet all of the following requirements:
1. Enforce appropriate state or local legislation for designation
and protection of historic properties. In the absence of
state legislation, this requirement may be met by the enactment
of local legislation containing the following provisions:
a. The purpose of the legislation shall be clearly stated and
shall include authority for appointment of a Commission to
be responsible for the designation and protection of historic
properties.
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b. The legislation must clearly define criteria, and a process
the same as or substantially the same as that identified in
the National Historic Preservation Act of 1966, U.S.C. 470
et. seq., as amended, for the designation of historic
properties.
The law shall state that boundaries for any historic
districts or individual properties identified in or by the
mechanisms contained in the legislation must be clearly
established.
c. The legislation shall provide for the authority for and
the establishment of a process for the review and rendering
of a decision upon all proposed alterations, relocations,
demolitions, or new construction within the boundaries of
historic districts established under the ordinance or which
directly affect historic properties designated under the
legislation. This authority shall include provisions for
delay of demolition but not for the indefinite stay of a
demolition.
d. The criteria for the review of proposals for alterations,
relocations, demolitions and new construction shall be
clearly set forth in the law and in case of alterations
should substantially achieve the purposes of the Secretary of
the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings.
e. The legislation shall include provisions for enforcing
decisions, including penalties for non—compliance; a right of
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and mechanism for appeal must exist in the legislation.
f. Specific time frames for reviews and for considerations of
alternatives should be identified.
g• Provisions for public and owner notification and public
hearings for designation and project reviews should be
identified, per a.4., below.
2. Local governments shall establish an adequate and qualified
historic preservation review commission (Commission) composed of
professional and lay members in accordance with paragraph C,
below.
a. Each Certified Local Government shall have a Commission with
a minimum of five (5) members, whose area of geographic
responsibility is coterminus with the boundaries of its local
jurisdiction. For communities with a population less than
10,000 the minimum number of members may be reduced but shall
not be less than three (3) members.
b. Appointments snall be made by the appropriate local official
of the jurisdiction concerned.
c. To the extent available in the community, the local
government shall appoint professional members from the
disciplines of architecture, history, architectural history,
planning, archaeology, or other historic preservation related
disciplines such as urban planning, American Studies,
American Civilization, Cultural Geography
or Cultural Anthropology (see Appendix A., Professional
Qualifications Standards). Professional Qualifications
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Standards in Appendix A are no more stringent than the
standards for membership on the National Register Review
Board. Lay persons vho have demonstrated special interest,
experience, or knowledge in history, architecture, or related
disciplines shall make up the balance of Commission
membership as provided for in Section 1.2.e. in the event
that there are not enough professionals in the community.
d. Members shall be residents of the jurisdiction for which they
serve.
e. Local governments may be certified without the minimum number
or types of disciplines represented on the Commission if they
can demonstrate to the State Historic Preservation Officer
that they have made a reasonable effort to fill those
positions. The State Historic Preservation Officer will
decide these matters on a case -by -case basis.
f. The terms of office of Commission members shall be uniform
and staggered and of at least two but not more than five
years' duration (except as provided in the initiation of a
Commission). There is not necessarily a limit on the number
of consecutive terms which may be served.
S. Vacancies, including expired terms, shall be filled within 60
days by the appropriate local official. Extensions up to an
additional 60 days may be granted by the State Historic
Preservation Officer on a case -by -case basis.
h. At least four meetings shall be held each year and minutes of
each meeting shall be kept.
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i. Each Commission member should make a reasonable effort to
attend the State Historic Preservation Office orientation
program and subsequent training programs for Certified Local
Governments. Each Commission should sake every effort to be
represented at any informational or educational meetings,
conferences, or workshops pertaining to work and functions of
the Commission scheduled by the State Historic Preservation
Officer or the Florida Conference of Preservation Boards and
Commissions.
J. The Commission snall review alterations, relocations,
demolitions and new construction of properties within its
jurisdiction.
k. The Commission shall review proposed National Register
nominations within its jurisdiction. When a Commission
considers a National Register nomination proposal and other
actions that will impact properties wnich are normally
evaluated by a professional in a specific discipline, and
that discipline is not represented on the Commission, the
Commission shall seek professional expertise in this area
before rendering a decision. This can be accomplished
through consulting (e.g., universities, private preservation
organizations, or regional planning commissions) or by other
means that the State Historic Preservation Officer determines
appropriate.
1. The legislation shall contain specific time limits within
which the Commission shall act.
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a. Time Commission shall have staff sufficient to undertake the
requirements for certification and carry out the duties and
responsibilities delegated to the Certified Local Government.
n. The Commission shall adopt Rules of Procedure for use in all
transactions involving the public.
o. All Commission responsibilities must be complementary to and
carried out in accordance with the responsibilities of the
State Historic Preservation Officer as described in 36 CFR
61.4(b).
3. The local government shall maintain a system for survey and
inventory of historic properties. In Florida, the term
'historic property' refers to any prenistoric or historic
district, site, building, structure, object or other real or
personal property of historical or archaeological value,
including but not limited to monuments, memorials, Indian
habitations, ceremonial sites, abandoned settlements, sunken or
abandoned snips, buildings, engineering works, treasure trove,
artifacts, or other objects with intrinsic historical or
archaeological value, or any part thereof, relating to the
history, government, and culture of the state.
a. The Certified Local Government shall initiate and/or continue
an approved process to identify historic properties within
the jurisdiction.
b. A detailed inventory of the designated districts, sites,
and/or structures within the jurisdiction of local government
must be maintained.
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c. All inventory material shall be:
(1) Compatible with the Florida Master Site File, vhich
exemplifies the format used for statewide comprehensive
historic preservation planning.
(2) Kept current and regularly provided to the State Historic
Preservation Officer for incorporation in the Florida
Master Site File.
d.
All inventory material shall be considered as public records,
per s.119.011 Florida Statute and s.267.021 Florida Statute.
Therefore, inventory material shall be available for public
inspection, per s.286.011, Florida Statute.
e.
Commission members shall be encouraged to participate in the
survey process and in preservation planning carried out by
the Certified Local Government.
4. Local governments shall provide for adequate public participation
in
local historic preservation programs, including the process of
recommending properties for nomination to the National Register.
a.
All Commission meetings shall be publicly announced, open to
the public, and have a previously advertised agenda, per
s.286.0105, Florida Statute. Commission meetings must occur
at regular intervals at least four times a year.
b.
Minutes of all actions of the Commission, including reasons
for making the decisions, must be kept on file and available
for public inspection, per s.286.011, Florida Statute.
c.
All decisions by the Commission shall be made in a public
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forum, and applicants shall be given written notification of
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decisions of the Commission.
d. Rules of procedure adopted by the Commission shall be
available for public inspection, per ss. 286.011, 119.011,
and 267.021, Florida Statute.
e. Appropriate local officials, owners of record, and applicants
shall be notified of proposed Commission actions concerning a
proposed nomination to the National Register according to
requirements found in 36 CFR Part 60. Objections by owners
of properties proposed for nomination must be notarized.
5. Local governments shall satisfactorily perform the
responsibilities listed in items one througn four above and those
specifically delegated to them by the State Historic Preservation
Officer.
C. Procedures
1. Certification of Local Governments in Florida
a. The appropriate official of the local government shall
request certification from the State Historic Preservation
Officer. The request for certification shall include:
(1) A written assurance by the appropriate official that the
local government will fulfill all the standards for
certification. Standards for certification include
enforcement of appropriate state or local legislation for
designation and protection of historic properties, per
B.1•, above; establishment of an adequate and
qualified historic preservation review commission
(Commission) composed of professional and lay members,
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per B.2., above; maintenance of a system for survey and
inventory of historic properties, per B.3., above;
provision for adequate public participation in local
historic preservation programs, including the process of
recommending properties for nomination to the National
Register, per B.4., above; and satisfactory performance
of any additional responsibilities delegated to all
Certified Local Governments in the state, and any other
delegated responsibilities.
(2) A copy of the local legislation, per B.l., above.
(3) A map of the area of jurisdiction of the Commission with
any and all existing designated historic districts and/or
individual historic properties clearly identified.
Inclusion of these properties within the jurisdiction of
the Certified Local Government should be clearly
demonstrated. This map should be updated regularly
through the incorporation of additions and
deletions of districts and individual properties and/or
alterations of historic district boundaries.
(4) A copy of the Commission's Rules of Procedure.
(5) Resumes for each member of the Commission including,
where appropriate, credentials or member expertise in
fields related to historic preservation, per B.2.c.,
above, and Appendix A, below.
(6) Resumes for staff members, if there is professional
staff.
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per B.2., above; maintenance of a system for survey and
inventory of historic properties, per B.3., above;
provision for adequate public participation in local
historic preservation programs, including the process of
recommending properties for nomination to the National
Register, per B.4., above; and satisfactory performance
of any additional responsibilities delegated to all
Certified Local Governments in the state, and any other
delegated responsibilities.
(2)
A copy of the local legislation, per B.1., above.
(3)
A map of the area of jurisdiction of the Commission With
any and all existing designated historic districts and/or
individual historic properties clearly identified.
Inclusion of these properties Within the jurisdiction of
the Certified Local Government should be clearly
demonstrated. This map should be updated regularly
through the incorporation of additions and
deletions of districts and individual properties and/or
alterations of historic district boundaries.
(4)
A copy of the Commission's Rules of Procedure.
(5)
Resumes for each member of the Commission including,
where appropriate, credentials or member expertise in
fields related to historic preservation, per B.2.c.,
above, and Appendix A, below.
(6)
Resumes for staff members, if there is professional
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staff.
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b. The State Historic Preservation Officer shall respond to the
appropriate local official within 45 days of receipt of an
adequately documented written request. The State Historic
Preservation Officer will review the request and certify by
letter of certification if the government fulfills the
requirements. The State Historic Preservation Officer will
prepare a written certification agreement which lists the
specific responsibilities of the local government when
certified. The written request, certification and written
certification agreement shall be forwarded to the Secretary
of the Interior by the State Historic Preservation Officer.
If the Secretary of the Interior does not object within
15 working days after receipt, the State Historic
Preservation Officer's certification of the local government
to participate in the national historic preservation program
shall be effective.
c. The State Historic Preservation Officer shall respond to the
appropriate local official within 45 working days of receipt
of a documented written request which is inadequate. The
State Historic Preservation Officer shall indicate how
inadequacies can be corrected in this notification.
d. The State Historic Preservation Officer may agree with the
local government to change the delegation of responsibilities
by amending the certification agreement. If the Secretary of
the Interior does not object within 15 working days after
receipt of the State Historic Preservation Office amendment,
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the amended certification agreement shall be effective.
e. The local government may appeal a denial of certification by
the State Historic Preservation Officer to the Secretary of
the Interior.
2. Monitoring Certified Local Governments/Process for Decertifica-
tion/Local Government Appeal.
a. The performance of Certified Local Governments must be
consistent and coordinated with identification, evaluation
and preservation priorities of the comprehensive state
historic preservation planning process.
b. Once a local government is certified, it remains certified
without further action unless officially decertified.
c. The State Historic Preservation Office shall conduct periodic
reviews and monitoring of Certified Local Governments to
assure tnac each government is meeting the requirements for
certification. Reviews shall be conducted at least annually
but may be conducted more frequently at the discretion of the
State Historic Preservation Officer if deemed appropriate.
Reviews shall be preceded by notice of at least 30 days.
d. The Certified Local Government will supply at least 30 days'
advance notice of Commission meetings to the State Historic
Preservation Officer.
e. A Certified Local Government is responsible for providing the
State Historic Preservation Officer with particular
information at frequent intervals. In addition to advance
notice of meetings, Certified Local Governments should submit
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the minutes of each Commission meeting, attendance at
Commissions meetings, and appointments to the Commission
within 30 days of such actions. The Certified Local
Government should also inform the State Historic
Preservation Officer about any new historic designations or
alterations of existing designations immediately.
f. The Certified Local Government shall submit an annual report
and other documents as necessary to the State Historic
Preservation Officer. The annual report shall include any
changes in Rules of Procedure, a summary of Commission
activities including but not limited to the number of
proposals reviewed, new designations, revised resumes,
appointments to the Commission, a review of survey and
inventory activity with a description of the system used, as
well as a progress report on grant -assisted activities. The
annual report is due by November 1 and should cover the
previous October 1 - September 30 year. It will be reviewed
by the State Historic Preservation Officer within 30 days.
g. The State Historic Preservation Officer shall review
expenditures of funds allocated as historic preservation
grants-in-aid.
h. Review of the historic preservation grants-in-aid
expenditures, as well as review of the annual report, shall
form the basis of the State Historic Preservation Officer's
evaluation of the Certified Local Government.
1. if the State Historic Preservation Officer's evaluation of a
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Certified Local Government indicates inadequate performance,
that assessment will be documented, and ways to improve
performance to acceptable levels shall be delineated by the
State Historic Preservation Officer. The Certified Local
Government shall have a period of not less than 30 nor more
than 180 days to implement the improvements. If the State
Historic Preservation Officer determines that sufficient
improvement has not occurred, the State Historic Preser-
vation Officer will recommend decertification of the local
government to the Secretary of the Interior, citing specific
reasons for the recommendation. If the Secretary of the
Interior does not object within 30 working days of receipt,
decertification shall be effective.
J. Local governments may petition the State Historic
Preservation Officer to be decertified voluntarily and
without prejudice.
k. Grounds for decertification shall include revocation of the
local ordinance, failure to comply with provisions
incorporated into the local ordinance, failure to maintain a
Commission, failure to maintain a survey and identification
program, failure to provide for adequate public participation
in the local historic preservation program, and failure to
keep the State Historic Preservation Officer informed about
Certified Local Government activities and actions.
1. The local government may appeal a decertification decision of
the State Historic Preservation Officer to the Secretary of
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the Interior.
■. Upon decertification, the State Historic Preservation Officer
shall conduct financial assistance closeout procedures as
specified in the National Register Programs Manual.
3. Transfer of Funds.
a. Each Certified Local Government is eligible to request a
portion of funds reserved from Florida's annual Historic
Preservation Fund grant apportionment on a competitive basis.
(1) The reserved portion will amount to at least ten percent
of the state's annual grant, and the State Historic
Preservation Officer will inform all Certified Local
Governments of the available total within fifteen days of
receiving official notification of the total amount of the
annual apportionment for Florida.
(2) Any year in which the annual Historic Preservation Fund
state grant appropriation exceeds $65,000,000, one half of
the excess shall also be transferred to Certified Local
Governments according to procedures to be provided by the
Secretary of the Interior.
(3) There is no guarantee that Certified Local Governments
will receive Historic Preservation Funds if they apply for
such funds. Further, receipt of Historic Preservation
regnant funding from the Florida State Historic
Preservation Office is not assurance that funds will be
available the following year or that a Certified Local
Government will receive grant funding the following year.
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b. Each Certified Local Government which sakes application for
funds from Florida's annual Historic Preservation fund
apportionment is required by the Secretary of the Interior
to:
(1) Maintain adequate financial management systems. Local
financial management systems shall be in accordance with
the standards specified in OMB Circular A-102, Attachment
G, `Standards for Grantee Financial Management Systems."
Local financial management systems shall be auditable in
accordance with GAO's Standards for Audit of Governmental
Organizations, Programs, Activities and Functions. Local
financial management systems will be periodically
evaluated by the State Historic Preservation Officer.
(2) Adhere to all requirements of the National Register
Programs Manual.
(3) Adnere to any requirements mandated by Congress regarding
the use of such funds. The State Historic Preservation
Officer will advise Certified Local Governments of such
requirements and will include a summary of such
information in the materials made available to Certified
Local Governments making application for funds, as in
C.3•c., below.
c. The requirements listed in 3.b., above, shall be used by the
State as minimum requirements for local governments receiving
Historic Preservation Funds; they also shall be included in
the State's required written grant agreement with the local
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b. Each Certified tocal Government which sakes application for
funds from Florida's annual Historic Preservation fund
apportionment is required by the Secretary of the Interior
to:
(1) Maintain adequate financial management systems. Local
financial management systems shall be in accordance with
the standards specified in OMB Circular A-102, Attachment
G, "Standards for Grantee Financial Management Systems."
Local financial management systems shall be auditable in
accordance with GAO's Standards for Audit of Governmental
Organizations, Programs, Activities and Functions. Local
financial management systems will be periodically
evaluated by the State Historic Preservation Officer.
(2) Adhere to all requirements of the National Register
Programs Manual.
(3) Adhere to any requirements mandated by Congress regarding
the use of such funds. The State Historic Preservation
Officer will advise Certified Local Governments of such
requirements and will include a summary of such
information in the materials made available to Certified
Local Goverrments making application for funds, as in
C.3•c., below.
c. The requirements listed in 3.b., above, shall be used by the
State as minimum requirements for local governments receiving
Historic Preservation Funds; they also shall be included in
the State's required written grant agreement with the local
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I
b. Each Certified Local Government which makes application for
funds from Florida's annual Historic Preservation fund
apportionment is required by the Secretary of the Interior
to:
(1) Maintain adequate financial management systems. Local
financial management systems shall be in accordance with
the standards specified in OHS Circular A-102, Attachment
G, `Standards for Grantee Financial Management Systems.`
Local financial management systems shall be auditable in
accordance with GAO's Standards for Audit of Governmental
Organizations, Programs, Activities and Functions. Local
financial management systems will be periodically
evaluated by the State Historic Preservation Officer.
(2) Adhere to all requirements of the Hational Register
Programs Manual.
(3) Adhere to any requirements mandated by Congress regarding
the use of such funds. The State Historic Preservation
Officer will advise Certified Local Governments of such
requirements and will include a summary of such
information in the materials made available to Certified
Local Governments making application for funds, as in
C.3•c., below.
c. The requirements listed in 3.b., above, shall be used by the
State as minimum requirements for local governments receiving
Historic Preservation Funds; they also shall be included in
the State's required written grant agreement with the local
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government. The State say require specific uses of funds as
long as such requirements are consistent with the State
comprehensive historic preservation planning process and are
eligible for Historic Preservation Fund assistance.
d. Certified Local Governments shall make applications for funds
described in C.3.a., above, on the time schedule and using
the procedures identified in Chapter IA-35, Rules of the
Department of State, Florida Administrative Code Historic
Preservation Grants -in -Aid (See Appendix B). As applicants
for shares of the reserved portion of Florida's Historic
Preservation Fund annual apportionment, Certified Local
Governments will follow procedures for applying for
federal funds identified in 1A-35.07(6), Rules of the
Department of State. Certified Local Governments which are
awarded funds under this rule and during other possible
special application periods allowed for under the rule will
be considered subgrantees of the Florida State Historic
Preservation Office.
e. Funds made available to Certified Local Governments from the
reserved portion of Florida's annual Historic Preservation
Fund apportionment shall be awarded on a competitive basis,
per C.3.c., above, for historic preservation survey and
planning activities. When evaluating Certified Local
Government grant applications, the State snall:
(1) Provide that the amount awarded any applicant must be
sufficient to produce a specific impact.
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j �&
(2) Ensure that the funds awarded will be sufficient to
generate effects directly as a result of the funds
transfer.
(3) Note that requirements for tangible results may not be
waived even if there are many otherwise eligible
applicants for the amount set aside for the Certified
Local Governments share.
(4) ?Make reasonable efforts to distribute these monies among
the maximum number of eligible local jurisdictions to the
extent that such distribution is consistent with 36 CFR
61.7(f)(1).
(5) Seek to ensure a reasonable distribution between urban
and rural areas in the State.
(6) Ensure that no Certified Local Government will receive a
disproportionate snare of the allocation.
f. Submission of an application for a portion of the annual
Historic Preservation Fund apportionment for Florida, whether
successful or not, shall not preclude or in any manner
disqualify the Certified Local Government making such
application from consideration for other state grant or
federal regnant funds available under terms of 1A-35, Rules
of the Department of State, referenced in C.3.c., above.
g. Historic Preservation regnant funding cannot be used to match
other Federal program grants, with the exception of Community
Development Block Grant funds, as specified in Section
105(a)(9) of the Housing and Community Development Act of
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1974, P.L. 93-388, and Revenue Sharing funds as specified in
State and Local Fiscal Assistance Amendments of 1976, P.L.
94-488. historic Preservation Fund regrants to Certified
Local Governments must be used for activities which
further the goals of identification, evaluation, protection,
and preservation of cultural resources.
h. Use of Historic Preservation regrant funding will be subject
to all existing restrictions imposed by the Historic
Preservation Fund Grants Management Manual. In accordance
with the requirements of this Manual, indirect costs may be
charged as part of the Certified Inca'_ Government grant only
if the Certified Local Government subgrantee meets the
requirements of the Manual and has a current indirect cost
rate approved by the cognizant Federal agency. Otherwise,
only direct costs may be charged.
4. Certified Local Government Participation in the Florida National
Register of Historic Places Nomination Process.
a. The Commission complements the Florida Review Board for the
National Register in the review of proposed nominations to
the National Register. Sponsors of National Register
nomination proposals located in areas served by a Certified
Local Government shall nave their proposals reviewed at the
local level. Proposals for properties in areas not served by
a Certified Local Government shall be reviewed by the Florida
Review Board for the National Register. Nomination proposals
submitted to the State Historic Preservation Officer for
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i
consideration by the Florida Review Board for the National
Register will be reviewed to ascertain if they are located in
an area served by a Certified Local Government. If a
Certified Local Government serves the area, the State
Historic Preservation Officer shall forward the nomination
proposal to the local Commission.
b. The local Commission will develop or receive the
documentation necessary to nominate properties to the
National Register of Historic Places. The Commission shall
evaluate nomination proposals received for completeness in a
timely manner. Should the nomination proposal not be
technically complete, the Commission shall notify the pro-
posal's sponsor, identifying the technical deficiencies, in
writing, within 30 days of receipt of the nomination
proposal. If the nomination proposal is technically
complete, the Commission snall place the item on its agenda
for the next meeting or, should notification provisions
outlined in C.4.c., below, make that impossible, for the
earliest possible regular meeting.
c. The Commission shall notify the following of its intention to
consider a nomination proposal. in all cases, such
notification shall occur at least 30 days but not more than
75 days prior to the Commission meeting at which the
nomination proposal will be considered.
(1) Owner(s) of record of the property. The list of owners
shall be obtained from official tax records. Where there
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M "
consideration by the Florida Review Board for the National
Register will be reviewed to ascertain if they are located in
an area served by a Certified Local Government. If a
Certified Local Government serves the area, the State
Historic Preservation Officer shall forward the nomination
proposal to toe local Commission.
b. The local Commission will develop or receive the
documentation necessary to nominate properties to the
National Register of historic Places. The Commission shall
evaluate nomination proposals received for completeness in a
timely manner. Snould the nomination proposal not be
technically complete, the Commission shall notify the pro-
posal's sponsor, identifying the technical deficiencies, in
writing, within 30 days of receipt of the nomination
proposal. If the nomination proposal is technically
complete, the Commission shall place the item on its agenda
for the next meeting or, should notification provisions
outlined in C.4.c., below, make that impossible, for the
earliest possible regular meeting.
c. The Commission snall notify the following of its intention to
consider a nomination proposal. In all cases, such
notification shall occur at least 30 days but not more than
75 days prior to the Commission meeting at vnich the
nomination proposal will be considered.
(1) Owner(s) of record of the property. The list of owners
shall be obtained from official tax records. Where there
S� -1006
consideration by the Florida Review Board for the National
Register will be reviewed to ascertain if they are located in
an area served by a Certified Local Government. If a
Certified Local Government serves the area, the State
Historic Preservation Officer shall forward the nomination
proposal to the local Commission.
b. The local Commission will develop or receive the
documentation necessary to nominate properties to the
National Register of Historic Places. The Commission shall
evaluate nomination proposals received for completeness in a
timely manner. Should the nomination proposal not be
technically complete, the Commission shall notify the pro-
posal's sponsor, identifying the technical deficiencies, in
writing, within 30 days of receipt of the nomination
proposal. If the nomination proposal is technically
complete, the Commission shall place the item on its agenda
for the neat meeting or, should notification provisions
outlined in C.4.c., below, make that impossible, for the
earliest possible regular meeting.
c. The Commission shall notify the following of its intention to
consider a nomination proposal. In all cases, such
notification shall occur at least 30 days but not more than
75 days prior to the Commission meeting at which the
nomination proposal will be considered.
(1) Owner(s) of record of the property. The list of owners
shall be obtained from official tax records. Where there
OJ -i006
i
is more than one owner on the list, each separate owner
shall be notified.
(2) Appropriate local official(e). In the case of a
Commission whose area of jurisdiction is a county, these
will be the Chairman of the Board of County Commissioners
and such other contact persons as may be designated, and
the appropriate local official of a municipality if the
property to be considered is located within municipal
boundaries. In the case of a Commission whose area of
jurisdiction is a municipality, this will include the
appropriate municipal official(s) and the Chairman of the
Board of County Commissioners. Within 30 days of receipt
of the nomination proposal, the appropriate local
official(s) shall submit in writing to the Commission a
recommendation as to whether or not the property shall be
nominated to the National Register.
(3) State Historic Preservation Officer.
d. Nomination proposals shall be considered by the Commission at
a public meeting, and all votes on nomination proposals
shall be recorded and made a part of the permanent record of
the Commission meeting. All nomination proposals small be
forwarded, with a record of official action taken by the
Commission and the recommendation of the appropriate local
official(s), to the State Historic Preservation Officer
within 30 days of the Commission meeting at which they were
considered. If either the Commission or appropriate local
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tfj
official(s) or both support the nomination, the State
Historic Preservation Officer snall schedule the nomination
for consideration by the Florida Review Board for the =
National Register as part of the normal course of business at
the next regular ueeting.
e. If both the Certified Local Government Commission and
appropriate local official(s) recommend that a property not
be nominated to the National Register, the State Historic
Preservation Officer shall take no further action on the
nomination unless an appeal is filed with the State Historic
Preservation Officer. Any reports and recommendations that
result from such a situation snall be included with any
nomination submitted by the State Historic Preservation
Officer to the Secretary of the Interior.
f. Any person or organization which supports or opposes the
nomination of a property to the National Register shall be
afforded the opportunity to make its views known in writing.
All such correspondence regarding a nomination proposal shall
become part of the permanent record concerning that proposal
and small be forwarded with approved proposals to the State
Historic Preservation Officer. In the case of disapproved
nomination proposals, letters of support or comment shall be
made a part of the permanent record concerning that proposal,
and a list of such letters small accompany the official copy
of the disapproved nomination proposal when it is forwarded
to the State Historic Preservation Officer, per C.4.d.,
above.
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8 : -1006
�xYYa3SJ�1d Yti i Y' � z�ci1�„ ��WX
i�
U
g. Nomination proposals to be considered by the Commission shall
be on file at Commission headquarters for at least 30 days
but not ■ore than 75 days prior to the Commission meeting at
which they will be considered. A copy shall be made
available by mail when requested by the public and shall be
made available at a location of reasonable local public
access, such as a local library, courthouse, or other public
place so that written comments regarding a nomination
proposal can be prepared.
h. Appeals. Any person may appeal the decisions of a local
Commission. Appeals should be directed to the State Historic
Preservation Officer in writing within 30 days of the
decision by the Commission. Nominations or proposals which
have been appealed shall be considered by the Florida Review
Board for the National Register as part of the normal course
of business at its next regular meeting. If the opinion is
that the property or properties is or are significant and
merit nomination to the National Register, the State Historic
Preservation Office shall notify the Commission, within 30
days of the National Register Review Board meeting, of its
intent to forward the nomination to the National Register
with a recommendation that the property or properties be
listed. The State Historic Preservation Officer reserves the
right, as in the case of any nomination from a source other
than a Certified Local Government, to edit or revise the
nomination proposal or request that the sponsor make
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A A
necessary revisions prior to forwarding the proposal to the
National Register. Other appeal procedures promulgated by
the National Park Service, Department of the Interior,
pertaining to local or state actions shall be followed by
Certified Local Governments and by the State Historic
Preservation Officer. Decisions of the State Historic
Preservation Officer may be appealed to the National Park
Service in accordance with the procedures in 36 CFR 60.12.
Sv -1006
4 4
Appendix A
Professional Qualifications Standards
In the following definitions, a year of full-time professional experience
need not consist of a continuous year of full-time work but may be made up of
discontinuous periods of full-time or part-time work adding up to the equiva-
lent of a year of full-time experience. ':hose Commission members in historic
preservation -related disciplines should have educational backgrounds and
experience comparable to the qualifications required for the discipliees
below.
A. History. The minimum professional qualifications in history
are a graduate degree in history or closely related field; or
a bachelor's degree in history or closely related field plus
one of the following:
I. at least two years of full-time experience in research,
writing, teaching, interpretation or other demonstrable
professional activity with an academic institution, histor-
ical organization or agency, museum or other professional
institution; or
2. substantial contribution through research and publication to
the body of scholarly knowledge in the field of history.
B. Archaeology. The minimum professional qualifications in
archaeology are a graduate degree in archaeology, anthropology,
or closely related field plus:
1. at least one year full-time professional experience or
equivalent specialized training in archaeologial research,
-25-
administration or management;
2. at least four months of supervised field and analytic experience
in general North American archaeology; and
3. demonstrated ability to carry research to completion. In addition
to these minimum qualifications, a professional in prehistoric
archaeology shall have at least one year of full-time
professional experience at a supervisory level in the study of
archaeological resources of the prehistoric period. A
professional in Historic archaeology shall have at least one year
of full-time professional experience at a supervisory level in
the study of archaeological resources of the historic period.
C. Architectural history. The minimum professional qualifications
in architectural history are a graduate degree in architectural
history, art history, historic preservation, or closely related
field, with coursework in American architectural history; or a
bachelor's degree in architectural history, art history, historic
preservation, or closely related field plus one of the following:
1. At least two years of full-time experience in research, writing
or teaching in American architectural history or restoration
architecture with an academic institution, historical organiza-
tion, or agency, museum, or other professional institution; or
2. substantial contribution through research and publication to the
body of scholarly knowledge in the field of American
architectural history.
D. Architecture. The minimum professional qualifications in architec-
ture are a professional degree in architecture plus at least two
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S� i1006
years of full -tine professional experience in architecture; or a
State license to practice architecture.
E. Historic Architecture. The ainimum professional qualifications in
historic architecture are a professional degree in architecture or
State license to practice architecture, plus one of the following:
I. at least one year of graduate study in architectural
preservation, American architectural history, preservation
planning, or closely related field; or
2. at least one year of full-time professional experience on
historic preservation projects. Such graduate study or
experience stall include detailed investigations of historic
structures, preparation of historic structures research reports,
and preparation of plans and specifications for preservation
projects.
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