1. (a)

   1. (1) Applicants approved for funding for the preservation of historic property sites should schedule a meeting and site visit with:

      1. (A) Arkansas Natural and Cultural Resources Council staff;
      2. (B) Arkansas Historic Preservation Program staff;
      3. (C) The grant contact;
      4. (D) The architect; and
      5. (E) Other key project personnel.
   2. (2) This meeting should take place prior to the submission of construction plans, demolition plans, or other documents to the Arkansas Historic Preservation Program for review.
   3. (3) No construction or demolition should commence prior to the approval of the Arkansas Historic Preservation Program.

2. (b)

   1. (1) Grant projects that include the rehabilitation or restoration of historic properties must follow the additional procedures listed below in the application process and in the implementation of the grant.
   2. (2) These procedures do not apply to projects that are awarded directly to subgrantees by the Arkansas Historic Preservation Program.

3. (c) Architectural contracts.

   1. (1)

      1. (A) The council requires that an architect prepare plans and specifications for a rehabilitation/restoration project funded with council funds.
      2. (B) Architectural services must be obtained through the State of Arkansas procedures for obtaining professional services.
      3. (C) A grantee with a total project cost of ten thousand dollars ($10,000) or more is required to engage the services of an architect licensed by the State of Arkansas.
      4. (D) The architect will:

4. (i) Prepare and certify plans, specifications, a work-cost breakdown, and other required contract documents for submission to the council; and

   1. (ii) Supervise the project work.

      1. (E) The requirement for an architect or a licensed architect may be waived if the Secretary of the Arkansas Natural and Cultural Resources Council determines that in-house expertise is available in the applicant agency.
   2. (2) After a grant award is made, the architect selected by the grantee is to arrange to meet with the designated staff of the Arkansas Historic Preservation Program to discuss the project in detail.

   3. (3) Architectural fees can be included in the fundable expenses of the grant.

      1. (d) Contractors.

   4. (1)

      1. (A) Contractors shall be selected by means of the State of Arkansas procedures.
      2. (B) The council requires that a grantee with a total grant project of ten thousand dollars ($10,000) or above retain the services of a licensed contractor.
      3. (C) Contractors employed by grantees shall be licensed by the Contractors Licensing Board.
      4. (D) Contractors shall indicate on the bid their current license number as issued by the board.
   5. (2) This requirement may be waived if the Secretary of the Arkansas Natural and Cultural Resources Council determines that in-house expertise is available in the applicant agency.
   6. (3) Contractors' fees may be included in the fundable expenses of the grant.

5. (e) Project preparation/plans and specifications.

   1. (1) All rehabilitation/restoration grants must be in accordance with the guidelines listed in the United States Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.
   2. (2) If the scope of a grant project includes interior work, that work shall be made accessible to the handicapped according to the Architectural Barriers Accessibility Act of 1989, Arkansas Code § 20-14-601 et seq. [repealed], or its successor, including considerations for historic properties.
   3. (3) Work completed as part of the council grant shall also comply with the Arkansas Fire Code, including considerations for historic properties.

6. (f) Project initiation.

   1. (1)

      1. (A) If a grant application is for a rehabilitation/restoration project, the staff of the council will route the application to the Arkansas Historic Preservation Program staff for a review of the application.
      2. (B) This review will be in addition to the council’s staff review of grants.
      3. (C) The Arkansas Historic Preservation Program staff will indicate that it has reviewed the application before the application is forwarded to council members.
   2. (2) This review will be for the determination of the property's eligibility for listing on the National Register of Historic Places.

   3. (3)

      1. (A) A list of the eligibility requirements for the National Register of Historic Places is as follows.

      2. (B) National Register of Historic Places criteria. The quality of significance in American history, architecture, archeology, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association and that:

         1. (i) Are associated with events that have made a significant contribution to the broad patterns of our history;
         2. (ii) Are associated with the lives of persons significant in our past;
         3. (iii) Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
         4. (iv) Have yielded, or may be likely to yield, information important in prehistory or history.

      3. (C) Criteria consideration (exceptions).

         1. (i) Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past fifty (50) years shall not be considered eligible for the National Register of Historic Places.
         2. (ii) However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:
7. (a) (a) A religious property deriving primary significance from architectural or artistic distinction or historical importance;

8. (b) (b) A building or structure removed from its original location but that is significant primarily for architectural value or that is the surviving structure most importantly associated with a historic person or event;

   1. (c) (c) A cemetery that derives its primary significance from graves of persons of transcendent importance, from distinctive design features, or from association with historic events;

      1. (d) (d) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived;
9. (e) (e) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or

10. (f) (f) A property achieving significance within the past fifty (50) years if it is of exceptional importance.

    1. (4)

       1. (A) After receipt of a grant award, the grantee will submit the project plans, specification, and work-cost breakdown to the designated Arkansas Historic Preservation Program staff.
       2. (B) If clarification or additional information is required, the grantee will be contacted.
       3. (C) The Arkansas Historic Preservation Program will review each grant project and notify the Secretary of the Arkansas Natural and Cultural Resources Council of its findings.
       4. (D) The Secretary of the Arkansas Natural and Cultural Resources Council will mail a written notice to the grantee that work may begin on the project.
       5. (E) The grantee must notify the council of the date upon which construction work will begin.

11. (g) Review by the Arkansas Historic Preservation Program.

    1. (1)

       1. (A) After project plans are reviewed, any substantive architectural or construction changes or any changes that may compromise the historic integrity of the property must be reviewed by the Arkansas Historic Preservation Program.
       2. (B) This is for changes made during the period of the grant project.

    2. (2)

       1. (A) Any changes relating to architecture or construction made to the project after the project plans are approved and during construction must be reviewed and approved in writing by the Arkansas Historic Preservation Program.
       2. (B) The staff of the Arkansas Historic Preservation Program will notify the Secretary of the Arkansas Natural and Cultural Resources Council of the changes prior to approving them.
       3. (C) Designated staff of the Arkansas Historic Preservation Program may inspect the project before, during, and after the completion of the work.
       4. (D) The grantee and project architect are encouraged to contact the Arkansas Historic Preservation Program with questions at any time before or during work on the project.
       5. (E) Grantees are encouraged to take advantage of the expertise available from the Arkansas Historic Preservation Program staff before beginning work on a questionable item.
       6. (F) All project work should follow guidelines of the United States Secretary of the Interior's Standards as closely as possible.

    3. (3)

       1. (A) The staff of the Arkansas Historic Preservation Program will notify the Secretary of the Arkansas Natural and Cultural Resources Council of any instance of unsatisfactory work.

       2. (B) Failure by the grantee to follow the guidelines of the United States Secretary of the Interior's Standards or the recommendations of the Arkansas Historic Preservation Program staff may result in:

          1. (i) The forfeiture of the grant's outstanding payments; and
          2. (ii) A recall of already awarded funds.
       3. (C) Further penalties are noted under 15 CAR § 311-308, legal, financial, and reporting requirements for grant recipients.

12. (h) Appeal process for decisions on historic properties.

    1. (1)

       1. (A) If a grantee disagrees with a decision made by the Arkansas Historic Preservation Program review staff, the agency may appeal the decision or recommendation to the council’s officers.
       2. (B) This appeal shall be made in writing and filed within twenty (20) working days of the grantee agency's receipt of the Arkansas Historic Preservation Program’s final decision.
    2. (2) The officers shall meet within ten (10) working days of receipt of the appeal (or on a date mutually agreed upon by both parties) and determine the course of action to be taken.

    3. (3)

       1. (A) The officers may choose to have the full council review the appeal.
       2. (B) If so, the Chair of the Arkansas Natural and Cultural Resources Council shall call a special called meeting of the full council to be held within twenty (20) working days of the officers’ meeting (or on a date mutually agreed upon by both parties) to hear the appeal.
       3. (C) The decision of the full council shall be final.

    4. (4)

       1. (A) If a grantee agency is dissatisfied with the determination made by the officers, the agency may request a hearing by the full council.
       2. (B) The chair shall call a special called meeting of the full council to be held within twenty (20) working days of the receipt of the request for a hearing (or on a date mutually agreed upon by both parties).

       3. (C) The decision of the full council shall be final.

          1. (i) Maintenance and administration.
    5. (1) Grantees who own the properties assisted by council funds must agree that the property shall be maintained to every extent possible according to the United States Secretary of the Interior's Standards.
    6. (2) Additionally, the grantee must agree to give the grantor the right to inspect the property at all reasonable times to ascertain the grantee's compliance with the grant agreement.
13. (j) Notification of transfer of title. The owner must agree to notify the council within ninety (90) days of a transfer of title.

14. (k) Site visits.

    1. (1) As work on the project progresses, the council staff or designated Arkansas Historic Preservation Program staff may make periodic site visits to inspect the work.

    2. (2) Once work has begun on the project, the site visits may be made without notification to the grantee.

       1. (l) Application, request for funds, signage, and reporting. The grantees receiving council funds for rehabilitation or restoration work will be subject to the same requirements for application, funding requests, signage, reporting, and all other requirements as those required of all other council grantees.

Codification Notes: The Architectural Barriers Accessibility Act of 1989, Arkansas Code § 20-14-601 et seq., was repealed by Acts 1993, No. 876, § 1.