| (a) Purpose. The Certified Local Government program
(hereinafter referred to as the Program) is part of the Historic Preservation
Fund (HPF) grants-in-aid program authorized by the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.) (also referred to
as the Act), to provide a statutory framework for national historic
preservation partnerships among federal, state, tribal, and local
governments in the identification, evaluation, designation, and protection
of historic and prehistoric properties. The Texas State Historic Preservation
Office (Texas SHPO), within the Texas Historical Commission (THC),
coordinates the state's preservation responsibilities as set out in
the Act. Local participation in this Program is provided to local
governments that are certified by the Secretary of the United States
Department of the Interior and administered by the National Park Service
(NPS) through the Program.
(1) Section 101(c)(1) of the Act directs the Texas
State Historic Preservation Officer (SHPO) and the Secretary of the
Department of the Interior through the NPS to participate in the partnership
and Title 36, Code of the Federal Regulations, Part 61.6 lists requirements
that the SHPO and local governments are to meet.
(2) These requirements are also found in the Historic
Preservation Fund (HPF) grants manual, as published and amended by
the NPS.
(b) City participation. City governments may participate
in the Program through compliance with the Texas Local Government
Code, Chapter 211, which empowers municipal governments to adopt zoning
regulation for the purpose of promoting the public health, safety,
morals, or general welfare and protecting and preserving places and
areas of historical, cultural, or architectural importance and significance.
Section 214.00111 of the Texas Local Government Code also provides
additional authority specifically to participating local governments
for the purpose of preserving substandard buildings that are historic
properties.
(c) County participation. Counties may participate
in the Program through compliance with the Texas Local Government
Code, Chapter 318, which empowers the Commissioners Court of each
county to appoint a County Historical Commission, for the purpose
of initiating and conducting programs suggested by the Court and the
THC for the preservation of the county's historic cultural resources
that are consistent with the statewide preservation plan.
(d) Indian Tribe participation. Indian tribes that
effectively meet the definition of a local government in Section 301(3)
of the Act may participate in the Program in accordance with Section
101(d)(1)(A) of the Act to establish a program and promulgate regulations
to assist Indian tribes in preserving their historic properties.
(e) Eligibility for certification of Local Governments.
Any city, county, township, municipality, Indian tribe, or any other
general-purpose political subdivision of Texas may apply to become
a Certified Local Government (CLG) by submitting a Request for Certification
to the Texas SHPO. To be considered eligible, the local government
must meet the minimum Program requirements pursuant to Title 36, Code
of the Federal Regulations, Part 61, and outlined in the HPF grants
manual. The Texas SHPO may expand or prescribe additional state requirements
and responsibilities. The following are the minimum federal requirements
local governments must satisfy for certification:
(1) Enforces appropriate State or local legislation
for the designation and protection of historic properties;
(2) Has established an adequate and qualified historic
preservation review commission by State or local legislation;
(3) Maintains a system for the survey and inventory
of historic properties;
(4) Provides for adequate public participation in the
local historic preservation program, including the process of recommending
properties for nomination to the National Register; and
(5) Satisfactorily performs the responsibilities delegated
to it under the Act.
(f) Certification process of Certified Local Governments.
All eligible local governments must submit a completed Request for
Certification and Certification Agreement, signed by the chief elected
official of the applying local government, along with all necessary
requested materials, to the THC. A Request for Certification may be
submitted at any time throughout the year. Texas SHPO shall have a
reasonable opportunity to review and respond to the request. If the
local government meets the minimum requirements for participation
in the Program, the Texas SHPO shall forward the Request for Certification
and Certification Agreement to the NPS with a recommendation for certification.
The NPS shall make the final certification decision. The local government
shall become a CLG upon receipt of written notice from the NPS, completing
the certification process.
(g) Annual requirements for Certified Local Governments
for participation in Program. All annual requirements for participation
and Program procedures are found in the Texas SHPO's Certified Local
Government Preservation Handbook (Handbook), which shall be provided
to each CLG upon its certification into the Program.
(1) The Texas SHPO shall provide a 60-day period for
all CLGs to comment on any proposed significant changes or amendments
to the Handbook, keep a record of its consultation process, and follow
the procedures outlined in the HPF grant manual.
(2) Written notification from the Texas SHPO to the
CLGs is sufficient for minor changes, technical corrections and amendments
to the Handbook.
(h) Monitoring and evaluating CLG performance. The
Texas SHPO shall monitor the performance of each CLG on an on-going
basis to assure that CLGs fulfill their responsibilities in accordance
with the requirements found in the Handbook and the terms of the Certification
Agreement. In addition the performance of the CLG shall be reviewed
by the Texas SHPO on the basis of recognized standards for historic
preservation activities. These standards shall include but not be
limited to the Secretary of the Interior's Standards and Guidelines
for Archeology and Historic Preservation; National Register criteria
for evaluation in reviewing the local government's role in the National
Register Program; state survey requirements in assessing the local
government's execution of the survey requirement of the CLG regulations;
and the Secretary of the Interior's Standards for the Treatment of
Historic Properties in considering the local government's role in
overseeing work to locally designated landmarks and districts. Evaluation
of the performance of the CLG shall include the ability to maintain
an adequate and qualified commission as called for in subsection (e)(2)
of this section with all commission members having a demonstrated
interest, competence, or knowledge in historic preservation.
(1) The Texas SHPO shall conduct a full evaluation
of each CLG no less than once every four years. Written procedures
and standards for evaluating CLG performance in program operation
and administration shall be included in the Certification Agreement
and in the Handbook.
(2) The Texas SHPO shall promptly notify the CLG in
writing of the results of the evaluation and must maintain written
records for all evaluations.
(3) If the performance of a CLG is unsatisfactory,
the Texas SHPO shall suggest ways the CLG can improve its performance
and stipulate a time frame in which the improvements are to be made.
(i) Decertification. If the Texas SHPO determines that
a CLG has not complied with the terms of the Certification Agreement,
and/or has not improved sufficiently within a reasonable stipulated
time frame as recommended during the monitoring process, the Texas
SHPO must notify the CLG in writing of its intent to recommend decertification
to the NPS. During the decertification process:
(1) The Texas SHPO may begin procedures for the suspension
and termination of financial assistance to that local governmental
entity in accordance with the HPF grants manual.
(2) Recertification shall not be permitted until all
previously identified inadequacies have been addressed to the satisfaction
of the Texas SHPO, and a demonstrated effort has been made by the
local government to strengthen local preservation efforts above and
beyond previous attempts.
(j) Funds for Certified Local Governments. The Act
provides that at least 10 percent of the Texas SHPO's annual HPF allocation
be made available in the form of sub grants to CLGs to provide financial
assistance for local activities associated with the identification,
evaluation, designation, and protection of historic and prehistoric
properties. Although each CLG is eligible to receive funds from this
allocation, there is no requirement that funds be awarded to all local
governments that are eligible. All procedures, terms and conditions
for application to receive a sub grant as part of the Program shall
be found in the Handbook.
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