N.Y. Comp. Codes R. & Regs. tit. 9 § 436.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 436.2 - Eligible activities

The following activities are allowable as State, municipal or not-for-profit projects, except as noted:

(a)Acquisition.

(1) Historic property may be acquired only by a not-for-profit corporation. The boundaries of the real property to be acquired may not exceed the boundaries as listed in the Register nomination, except that the acquisition of a contiguous buffer zone or ancillary property which, in the opinion of the commissioner, is essential to the protection of the listed property shall be considered eligible for grant assistance.

(2) Priority will be given to those acquisition proposals which are necessary in order to prevent an immediate threat to the property. Such threats include demolition, impairment, erosion, slumping, vandalism and relic collecting.

(3) Eligible costs related to acquisition include legal and other professional fees, appraisal fees, purchase options and project signs when part of an approved scope of work and within the approved period of the acquisition project.

(4) Appraisals must be performed no more than 12 months prior to the acquisition of real property. The cost of obtaining an appraisal is an allowable cost if an acquisition grant is subsequently awarded. If a property is valued at $100,000 or more, two appraisals must be obtained. If the property is valued at less than $100,000, one appraisal is sufficient. If the property is valued at less than $5,000, a short form appraisal may be used at the discretion of the commissioner. Appraisals shall be prepared by an active consultant appraiser in accordance with the requirements of the office.

(5) For acquisition at less than the appraised market value, the buyer must provide to the commissioner a signed and notarized statement from the seller indicating that the buyer has been informed of the appraised market value and is satisfied with the price even though it is less than the appraised fair market value.

(b)Development.

(1) Eligible development activities include improvement, restoration, preservation, rehabilitation, protection, reconstruction, archeology and interpretation of historic properties. The development of an archeological site shall have as its principal objective the protection, stabilization or preservation of the site and its archeological resources. All work undertaken on a historic property must conform to the Secretary of the Interior's standards.

(i) Relocation of a historic building, structure or object shall be allowable only when necessary for its preservation, and with the written approval of the commissioner prior to relocation. The commissioner will grant approval only if it appears the relocation will not result in removal of the property from the National or State Register.

(ii) Costs of landscaping are allowable as follows:

(a) historically documented restoration or reconstruction of gardens, plantings, grounds and grading to attain historic appearance and a compatible setting for the historic property;

(b) grading and site work for purposes of drainage, safety and protection;

(c) improvements necessary to facilitate access for disabled patrons.

(iii) Costs of project furnishings are allowable as part of a development project as follows:

(a) when furnishings are original pieces of furniture or permanently attached items that are integral to the property; or

(b) when furnishings are of documented historical design or are reconstructions based upon documented original furnishings.

(iv) For all development projects, adequate documentation for the work must be prepared as follows:

(a) Drawings, plans, specifications and requests for proposals must detail the exact scope of any work to be performed. Drawings must be accurately drawn to scale so that measurements can be verified at the project site.

(b) Provisions of all qualified professional services necessary for design, construction monitoring and contract administration shall be the responsibility of the grant recipient.

(c) Review of plans and specifications and requests for proposals by the office is only for the purpose of determining project conformance with the Secretary of the Interior's standards.

(d) All predevelopment research and design (including for archeology) must be completed, reviewed and approved by the office prior to the commencement of construction work.

(2) Nonconstruction development activities are those which relate directly to the development, implementation, operation and monitoring of development projects, whether they are funded with grant assistance or are associated costs used as matching share. They include the following:

(i) preparation of predevelopment plans, specifications, cost estimates and other contract documents;

(ii) preparation of feasibility studies;

(iii) preparation of historic structure reports, historic landscape reports, archeological, architectural and historic research reports;

(iv) preparation of project completion reports, and archeological investigation reports; and

(v) project signs and a limited number of interpretive signs or plaques.

(3) Archeological development activities.

All identification, evaluation, curation, interpretation and protection activities shall be conducted under the supervision of a professional archeologist as defined in Part 435 of this Title.

(i) Because disturbance of archeological sites is in general discouraged by the office, such disturbance will only be funded if it meets the following criteria.

(a) Data recovery may be required to determine the presence of significant archeological deposits that might be disturbed by a project.

(b) If a development project for a property will disturb an area that has archeological value and the development project cannot be altered so as to avoid such disturbance, data recovery or other mitigative measures will be required.

(c) If a development project is dependent upon information that can only be obtained through archeological investigation, the area may be tested to the extent necessary to design and perform the approved development activity.

(d) If public interpretation of a property is dependent upon the information that would be obtained by archeological testing, such testing may be carried out only to the extent essential for that interpretation.

(ii) Preparation of reports and documentation, and curation or exhibition of artifacts or other materials are activities eligible for funding only during the project period.

(a) Appropriate maps, sketches, profiles, and field notes must be completed to record information about the archeological resources and the methods and techniques employed.

(b) A written report of all results of the investigation meeting contemporary professional standards must be prepared. Copies must be provided to the commissioner upon request.

(c) Archeological collections and accompanying data and records must be curated in a repository meeting contemporary professional standards and the Secretary of the Interior's standards. Such arrangements must be negotiated among the property owner, the commissioner and the qualified professional archeologist prior to the start of work.

(c) Ineligible acquisition and development activities include the following:

(1) Acquisition.

(i) acquisition, either by purchase, gift or donation which occurs outside the approved project period. An acquisition that has occurred prior to project approval by the commissioner shall not be eligible for grant assistance or as matching share; and

(ii) phased acquisition.

(2) Development.

(i) development work (except minor investigative activity undertaken as part of approved predevelopment work) done outside the approved project period. This includes construction, report writing, curation and exhibition;

(ii) work not included in the approved scope of work as outlined in the project agreement (and as may be subsequently amended);

(iii) work which in the opinion of the commissioner does not conform to the Secretary of the Interior's standards;

(iv) work which has not been advertised or competitively bid as required;

(v) routine maintenance work on those portions of historic properties which have been previously repaired or rehabilitated with grant assistance provided under these regulations or through the Federal historic preservation fund; and

(vi) archeological data recovery or extensive testing conducted under conditions other than those described in paragraph (b) (3) of this section.

(3) The cost of borrowing funds is not eligible for reimbursement.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 436.2