N.Y. Comp. Codes R. & Regs. tit. 9 § 438.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 438.1 - Llnterpretive/visitor center facility projects

Urban cultural park (UCP) interpretive/visitor center facility projects shall be eligible for up to 100-percent funding.

(a) Eligibility.

(1) An eligible interpretive/visitor center facility project shall be:

(i) A structure or part thereof, including interpretive and informational exhibits and related support facilities, which will serve as a focal point for visitor orientation to the resources of the State urban cultural parks system and the local urban cultural park in which the facility is located.

(ii) The selected site must be described in an approved urban cultural park management plan.

(iii) Priority will be given to interpretive/visitor centers which are located in structures that are compatible with the theme(s) of the specific UCP, listed on or eligible for listing on the State or National Register of Historic Places, and conveniently located for UCP visitors. Where more than one potential facility is identified in a management plan, the facility selected shall be subject to the approval of the commissioner.

(2) In some UCP's, more than one interpretive/visitor center may be needed.

(i) Provisions and justifications for the creation of additional visitor center(s) shall be described in an approved urban cultural park management plan.

(ii) Such proposals for additional interpretive/visitor center(s) will not be funded until the primary interpretive/visitor center is completed to the satisfaction of the commissioner.

(b) Projects eligible for interpretive/visitor center funds.

(1) Acquisition projects. The acquisition of sites, buildings, structures and objects for interpretive/visitor center functions, including related parking. Acquisition may include purchase, transfer and gift.

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

(ii) Costs associated with acquisition of real property which are not eligible for grant assistance shall be options to purchase real property and the cost of borrowing funds for acquisition.

(iii) Appraisals must be performed no more than 12 months prior to the acquisition of real property. The cost of obtaining an appraisal shall not be an allowable cost if an acquisition grant is not subsequently awarded. If the 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.

(2) Restoration or rehabilitation projects. Eligible projects include:

(i) Activities associated with interpretive/visitor center development which are not construction but are directly related to construction. Examples of such activities include the preparation of requests for proposals, predevelopment plans, specifications and cost estimates; feasibility studies; historic structure reports; preparation of construction documents; professional accounting services; and preparation of project completion reports, project signs and the design of permanent interpretive elements. To be eligible for grant assistance, all such associated activities must be part of an approved development project.

(ii) Construction activities such as:

(a) rehabilitation of structure(s) or parts thereof for interpretive/visitor center use;

(b) provision of facilities to provide barrier-free access for disabled patrons;

(c) installation or rehabilitation of restroom and visitor reception areas; and

(d) structural and interpretive fixtures permanently affixed to the interpretive/visitor center site.

(iii) Projects shall meet the following requirements:

(a) The interpretive/visitor center shall be available to the general public at reasonable times at no charge.

(b) The project shall provide barrier-free access for disabled patrons in accordance with applicable New York State statutes.

(c) The project shall comply with the Secretary of the Interior's standards as interpreted by the commissioner.

(d) The municipality shall utilize competent professional architects, engineers, exhibit designers and other professionals as needed in planning and developing the interpretive/visitor center and in developing any request for proposal for the selection of such professionals.

(3) Site development, including landscaping, docks, boardwalks, lighting, fencing, signage, parking, and installation of sidewalks, curbs, roads and service drives.

(c) Eligible applicants.

(1) An eligible applicant for an interpretive/visitor center facility project shall be a city, town or village which:

(i) shall be the owner of the structure that shall house the facility;

(ii) shall be a lessee of such structure or parts thereof sufficient to house an interpretive/visitor center facility and provide appropriate related facilities and services as described in subdivision (a) of this section, provided that such lease shall have an unexpired term of not less than 23 years from the date on which the check for final payment on the project is issued by the State Comptroller; or

(iii) shall be the occupant of land under the jurisdiction of a State agency, provided that a memorandum of understanding or comparable agreement between the municipality and the State agency having jurisdiction over the land has been executed which:

(a) states the purpose of the project and the conditions under which it is to be carried out; and

(b) contains terms and conditions sufficient in the commissioner's judgment to ensure a period of public use of at least 23 years from the date on which the check for final payment on the project is issued by the State Comptroller.

(2) If the municipality contracts with a management entity to operate the interpretive/visitor center, a copy of the contract between the municipality and the management entity for the administration, operation and maintenance of the facility shall be submitted to the commissioner for his approval prior to execution of said contract.

(d) Application procedures.

(1) Notice of intent.

(i) No later than May 31, 1987, each municipality which intends to apply for interpretive/visitor center assistance under this section shall notify the commissioner in writing of its intention.

(ii) No later than July 31, 1987, the municipality shall submit to the office a draft request for proposal or scope of work for the preparation of a plan for site selection (if needed) and development of interpretive/visitor center facilities and for the design and provision of appropriate exhibitry and signage associated with the project. The request for proposal shall be subject to the approval of the commissioner.

(2) No later than December 31, 1987, each municipality shall submit to the commissioner a formal application for an interpretive/visitor center project.

(3) Applications shall be submitted on forms to be furnished by the office. Forms may be obtained from the Director of Urban Cultural Parks of the office.

(4) The application shall contain the following:

(i) general applicant information;

(ii) the specific proposal for the development of interpretive/visitor centers;

(iii) documentation to demonstrate the municipality's ability and commitment to fund, operate and maintain the interpretive/visitor center for a period of at least 20 years;

(iv) a program narrative containing information to be specified by the office, including documentation and identification of local actions and funding sources guaranteeing provision of all interpretive elements needed for the interpretive/visitor center to be fully operational at the time of contract completion;

(v) references to page numbers of the UCP management plan which describe the interpretive/visitor center project. Information cited in the management plan should be summarized and updated where necessary;

(vi) a project cost breakdown;

(vii) a site map and floor plan, including appropriate provisions for a Statesupplied core exhibit on the UCP system; and

(viii) copy of a deed or other proof of ownership or copy of lease.

(e) Criteria. The following factors shall be considered in funding interpretive/visitor center facilities:

(1) the degree to which the facility addresses the four UCP goals of education, preservation, recreation and economic development;

(2) the relationship of the facility to statewide, regional and local plans of agencies supporting the goals of the UCP program;

(3) the impact the facility will have on the local economy;

(4) the financial feasibility and effectiveness of the proposed facility;

(5) the social, environmental and economic characteristics of the community and associated impacts of the facility on those characteristics;

(6) the record and capability of the UCP community and the applicant to complete the facility and guarantee operations in a manner acceptable to the commissioner;

(7) the demonstrated capability of the UCP community to implement the programs and projects as stated in its local UCP management plan; and

(8) the degree to which the interpretive/visitor center complements rather than competes with existing interpretive facilities, museums and resources in the UCP area.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 438.1