13 TAC §15.6
The Texas Historical Commission proposes amendments to §15.6
to update its Certified Local Government state procedures in order to reflect
various changes in the National Historic Preservation Act, in 36 CFR 61, and
in the
Historic Preservation Fund Grants Manual
.
These minor changes are needed to meet National Park Service requirements
for the state Certified Local Government program.
F. Lawerence Oaks, Executive Director, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Oaks has also determined that for each year of the first five year
period the rule is in effect, the public benefit anticipated as a result of
administering the rule will be that more grants will be able to be funded.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the rule as proposed.
Written comments on the amended rule proposal may be submitted to Ms. Bratten
Thomason, Program Director of Certified Local Government, Texas Historical
Commission, PO Box 12276, Austin, TX 78711-2276. All comments will be accepted
for 30 days after publication in the
Texas Register
.
These amendments are proposed under Texas Government Code, §442.005
(q) which authorizes the Texas Historical Commission to "adopt rules as it
considers proper for the effective administration of this chapter." These
amendments are also proposed under Texas Government Code, §442.005 (t)
which authorizes the Texas Historical Commission to "promote heritage tourism
by assisting persons, including local governments, organizations, and individuals,
in the preservation, enhancement, and promotion of heritage and cultural attractions
in this state..."
Texas Government Code §442.005(t) is affected by the rule amendment.
§15.6.Rules and Procedures for Certified Local Governments.
(a)-(g)
(No change.)
(h)
Process for certification of local governments.
(1)-(3)
(No change.)
(4)
The local government shall be certified to participate
in the national historic preservation program when certified by the State
Historic Preservation Officer and the Secretary of the Interior, as follows:
When government fulfills the requirements for certification, that officer
will forward the decision to the United States Secretary of the Interior,
or his designee.
A Certification Agreement is not effective until it
is signed by the chief elected official and the SHPO, and concurred in writing
by NPS. The effective date of certification is the date of NPS concurrence.
When NPS concurs with the SHPO recommendation for certification, NPS will
notify the SHPO in writing, and send a copy of that letter to the CLG. The
date of this letter is the official date of certification
[
If the
Secretary does not take exception to the request within 15 working days of
receipt of such notice from the State Historic Preservation Officer, the local
government shall be regarded as certified
].
(5)-(6)
(No change.)
(i)
(No change.)
(j)
Process for revoking certification.
(1)- (2)
(No change.)
(3)
If, after the number of days set in paragraph (2) of this
subsection improvement has not occurred, that officer shall recommend to the
Secretary of the Interior the revocation of certification of the Certified
Local Government, citing specific reasons for the recommendation.
The
SHPO must affirm with the decertification recommendation to NPS that the SHPO
has notified the CLG. The local government is decertified if the NPS concurs
in writing with the SHPO's recommendation to decertify the CLG.
(A)
The NPS will notify the SHPO
in writing prior to 30 working days after receipt of the recommendation, if
there are problems with the recommendation or if the NPS needs more time to
review the recommendation.
(B)
Upon receipt of the written
NPS concurrence with the SHPO recommendation for decertification, the SHPO
must inform the CLG in writing of the decertification, and, if necessary,
must take appropriate action if the decertified local government has a current
CLG subgrant.
(C)
If a local government wished
to become recertified it must reapply for certification.
(4)
Upon the revocation of certification by the Secretary of
the Interior, the State Historic Preservation Officer shall begin procedures
for the suspension and termination of financial assistance to that local governmental
entity in accordance with the
Historic Preservation Fund Grants Manual
[
National Register Programs Manual
].
(k)-(m)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 8, 2003.
TRD-200302321
Larry Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: May 25, 2003
For further information, please call: (512) 463-6100