| (1) Grants are awarded on a competitive basis to eligible
properties or projects judged by the Commission to provide the best
use of limited grant funds or on an emergency basis for properties
or collections deemed highly significant and/or endangered by the
Commission. The Executive Director, with the approval of the Executive
Committee or Commission, will have the authority to award grants on
an emergency basis in accordance with subsection (o)(6) of this section.
(2) Meeting the eligibility criteria and submissions
of a grant application does not guarantee award of a grant in any
amount.
(3) The commission may consider an appropriate distribution
of funds across geographic area, discipline, or type of preservation
grant when making awards.
(o) Types of preservation grants. Preservation grants
shall be awarded only for:
(1) architectural or archeological development ("preservation,"
"restoration," "rehabilitation," and "reconstruction," as defined
by the Secretary of the Interior's Standards for The Treatment of
Historic Properties, latest edition or Secretary of the Interior's
Standards for Preservation Planning and Standards for Archeological
Documentation, latest edition); the costs include professional fees
to supervise actual construction, the costs of construction, and related
expenses approved by the commission; or
(2) architectural or archeological acquisition of absolute
ownership of an eligible property (that is what is defined in subsection
(j) of this section) and related costs and professional fees approved
by the commission; or
(3) planning costs necessary for the preparation of
a historic structure reports, historic or cultural resource reports,
preservation plans, maintenance studies, resource surveys, local and
regional preservation plans or surveys, and/or feasibility studies
as approved by the commission; or
(4) heritage education costs necessary for training
individuals and organizations about historic resources and historic
preservation techniques; or
(5) curation management cost necessary for a professional
inventory and/or rehabilitation of state associated held-in-trust
archeological collections (such as processing, cataloging and collections
housing improvements). Held-in-trust collections refer to those State
associated collections under the authority of the Texas Historical
Commission that are placed in a curatorial facility for the care and
management; or
(6) emergency costs necessary for the acquisition,
evaluation, planning or repair of eligible property or projects as
defined in subsection (j) of this section, to reduce or eliminate
an immediate threat, resulting from a natural or man-made disaster.
In consideration of the emergency nature, the commission may develop
and adopt policy and procedures to implement this type of preservation
grant with requirements separate from those in this rule.
(p) Eligible match for grant assistance. Applicants
eligible to receive grant assistance shall provide a minimum of one
dollar in cash match to each state dollar for approved project costs.
The commission or the Executive Director upon designation by the Commission,
by written policy, may approve in-kind match for projects involving
highly significant and endangered properties. In exceptional circumstances
and upon recommendation by the Executive Director of the Commission,
the Commission may also waive the one to one cash match requirement
completely, and/or approve any combination of matching cash or in-kind
contribution percentages that the Commission deems appropriate.
(q) Grant allocations. Grants shall be allocated by
vote of the Commission at large upon the recommendation of the Executive
Committee at any duly noticed meeting of the commission. Reallocation
of returned funds may be made by the Executive Committee of the commission
upon the recommendation of the Executive Director of the commission.
(r) Starting project work.
(1) The funding agreement must be executed prior to
starting any project work.
(2) The project start date is typically the date of
the executed funding agreement.
(3) Commencement of project work. Project work as approved
shall commence within 90 days of the assigned start date unless otherwise
approved in writing by the commission. Approved project work may not
begin before the assigned project start date.
(4) If any expenses enumerated in the project proposal
detailed budget do not qualify for grant funds, these expenses will
be identified by the commission and should be either omitted from
the scope of work or separated into a bid alternate for exclusion
from the grant funded work.
(5) Any changes in the scope of work or significant
changes (greater than 10 percent) in the detailed budget must receive
the written approval of the commission prior to implementation.
(6) Forfeiture of grant allocation. Failure to meet
the deadline for starting the project work, or to perform any part
of the project work as approved, or to receive permission from the
commission before commencing additional work may result in forfeiture
of the full grant amount.
(s) Award of contract.
(1) Architectural development grant projects. Despite
no specific procurement requirements, state, local, or other public
entities are responsible for following appropriate procurement methods
as required by the Texas Government Code or Local Government Code
as applicable for the respective property owned. This may also apply
to a non-profit organization that is funding construction on a publicly
owned property.
(2) Architectural planning grant projects. The commission
recommends that contract for work described in the project proposal
be awarded subsequent to interview with at least three professional
firms.
(t) Grant reimbursement procedures.
(1) All payment of grant funds shall be strictly on
a reimbursement basis with the exception of emergency grants in accordance
with subsection (o)(5) of this section for which the Executive Committee
or Commission may determine other payment methods. Reimbursement may
be made after the competitive award of contract and submission of
proof of all incurred allowable expenses in increments of at least
$2,500 or at least 10% of the total project cost, whichever is lesser;
or according to a schedule as determined by the Executive Director
of the Commission; or at the completion of the project after an acceptable
required completion report and/or planning documents have been received
by the commission.
(2) Deadline for submission of requests for reimbursement.
Allowable project expenses equal to two times the grant amount shall
be incurred by the deadlines announced by the commission. Proof of
those incurred expenses and corresponding payments shall be submitted
to the commission by the deadlines announced by the commission.
(3) Forfeiture of grant. Failure to expend the full
grant amount by the deadlines as announced by the commission or to
submit to the commission all required material by the deadline as
announced by the commission may result in forfeiture of the remaining
grant amount unless otherwise approved in writing by the commission.
(u) Deed restrictions/designations/conservation easements.
Acquisition and development projects shall be encumbered, prior to
reimbursement of any project expenses, with a protective designation,
deed restriction, conservation easement (as defined in Title 8, Natural
Resources Code, Chapter 183), or other appropriate covenants in favor
of the state in a format acceptable to the commission. The deed restriction
shall run with the land, be enforceable by the State of Texas, and
its duration will be based upon the cumulative amount of grant assistance.
The terms of the deed restrictions/designations/conservation easements
shall be set by the commission.
(v) Repayment penalty for resale of property within
one year of acquisition. If a property acquired with a preservation
grant is sold within one year of the purchase date, the project owner
may be required to repay the State of Texas the amount of the grant
allocation.
(w) Completion reports. Projects assisted with acquisition
or development grants will be required to submit a project completion
report with copies as determined by the commission, consisting of
photo documentation and project summary prepared by the supervising
project professional, to the commission no later than deadlines announced
by the commission. The commission may require completion reports with
appropriate documentation for planning, heritage education, curation,
or emergency grants. Final reimbursement, in the amount of 10% of
the grant allocation may be retained until receipt of an acceptable
completion report by the commission.
(x) Professional standards.
(1) Project personnel for development, curation, and
planning grants. Project proposal documents for development and planning
grants shall be prepared by, and development work supervised by, appropriate
personnel in compliance with the following criteria except as otherwise
approved by the Executive Director:
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