# COMAR Title 14 — Independent Agencies ## Subtitle 29 — Maryland Heritage Areas Authority ### Chapter 03 — Maryland Heritage Areas Grant Program **Authority:** Financial Institutions Article, §§13-1107(6) and (12), 13-1111(b), 13-1113, and 13-1114, Annotated Code of Maryland **Administrative History:** Effective date: December 25, 2000 (27:25 Md. R. 2283) **Administrative History:** Regulation .03B amended effective April 24, 2017 (44:8 Md. R. 406) **Administrative History:** Regulation .05G amended effective October 24, 2005 (32:21 Md. R. 1709) **Administrative History:** Regulation .06 amended effective October 25, 2004 (31:21 Md. R. 1545) **Administrative History:** Regulation .06 repealed and new Regulation .06 adopted effective February 12, 2018 (45:3 Md. R. 157) **Administrative History:** Regulations .01—.10 repealed and new Regulations .01—.10 adopted effective November 4, 2019 (46:22 Md. R. 978) #### Regulation .01 General. *COMAR 14.29.03.01* A. This chapter sets forth the policies, procedures, and authorizations for administering the Maryland Heritage Areas Grant Program, established within the Maryland Heritage Areas Authority, which provides grants from the Maryland Heritage Areas Authority Financing Fund. B. The objective of the Grant Program is to provide a source of funding, including grants to local jurisdictions and other appropriate entities, to develop management plans for recognized heritage areas, assist the operations of heritage area management entities, and undertake capital and non-capital projects that will assist and encourage preservation, tourism, and other economic development within certified heritage areas. #### Regulation .02 Definitions. *COMAR 14.29.03.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means Financial Institutions Article, §§13-1101—13-1124, Annotated Code of Maryland. (2) “Authority” means the Maryland Heritage Areas Authority established by the Act. (3) “Capital project” means a project to acquire, develop, preserve, rehabilitate, or restore either real property or tangible personal property that has a useful life of at least 15 years. (4) “Certified heritage area” means a recognized heritage area that has been designated a certified heritage area in accordance with the Act and Chapter .02 of this subtitle. (5) “Fund” means the Maryland Heritage Areas Authority Financing Fund established by the Act. (6) “Grant” means an award of financial assistance from the Fund. (7) “Grant Program” means the Maryland Heritage Areas Grant Program of the Authority established by this chapter as authorized under the Act. (8) “Grantee” means the recipient of a grant. (9) “Heritage area” means a contiguous or noncontiguous developed geographic area of public and private uses that: (a) Can range in size from as small as a portion of a county or municipal corporation or as large as a regional area; (b) Has a coherent and cohesive special character; (c) Is distinguished by a concentration of natural, recreational, cultural, and historic resources of Statewide significance that have played a vital role in the historic life and development of the area and contribute to the public through interpretive, educational, and recreational uses; and (d) May include traditional parks and historic places or property. (10) “Heritage area management entity” means a nonprofit organization or agency of either State or local government that is or will be responsible for coordinating development of a management plan for a recognized heritage area or is responsible for implementing the management plan for a certified heritage area. (11) “Local jurisdiction” means any of the 23 counties of the State, the City of Baltimore, any municipal corporation in the State that is subject to the provisions of Article XI-E of the Maryland Constitution, or any of their duly authorized agencies or instrumentalities. (12) “Management plan” means a document prepared and approved in accordance with the Act and COMAR 14.29.02, that includes a comprehensive strategy expressed in words, maps, illustrations, or other media for planning, implementing, and achieving the goals and objectives for the heritage area. (13) “Noncapital project” means a project that is not a capital project and involves: (a) The development or presentation of interpretive exhibits, materials, or other products intended to further the educational or recreational objectives of a certified heritage area; or (b) Planning, design, interpretation, marketing, or programming activities intended to encourage revitalization of, or reinvestment in, a certified heritage area or its resources. (14) “Nonprofit organization” means a corporation, foundation, governmental entity, or other legal entity, no part of the net earnings of which inures to the benefit of a private shareholder or individual holding an interest in the entity. (15) “Recognized heritage area” means a heritage area designated a recognized heritage area in accordance with the Act and COMAR 14.29.01. (16) “Trust” means the Maryland Historical Trust established under State Finance and Procurement Article, §5A-310, Annotated Code of Maryland. #### Regulation .03 Eligible Grantees and Eligible Activities. *COMAR 14.29.03.03* A. An entity is eligible for a grant under the Grant Program if: (1) The entity is a: (a) Local jurisdiction; (b) Agency or unit of Maryland State Government; (c) Agency or unit of the federal government; or (d) Nonprofit organization that: (i) Is in good standing and qualified to do business in Maryland; and (ii) Has the legal capacity and all necessary legal authority to be obligated by the grant; and (2) For a grant for a noncapital project or a capital project, the entity is authorized to apply for the grant by the heritage area management entity for the certified heritage area that will benefit from the grant. B. The Authority may provide a grant to an entity eligible under §A of this regulation if the grant is for purposes of funding: (1) Development of a management plan; (2) The operations and management of a heritage area management entity; (3) A noncapital project that: (a) Will be undertaken within a certified heritage area; and (b) Will further or complete an activity that is: (i) Identified in the management plan for the certified heritage area; or (ii) Consistent with goals, objectives, strategies, or actions outlined in the management plan or other planning document applicable to or utilized by the certified heritage area; (4) Marketing of a heritage area by either: (a) The heritage area management entity; or (b) The tourism office or agency for a local jurisdiction located within the heritage area; (5) A block grant to a heritage area management entity that the entity will exclusively use to fund subgrants for noncapital projects in accordance with policies implemented by the Authority; (6) A capital project that: (a) Will be undertaken within a certified heritage area; and (b) Will further or complete an activity that is: (i) Identified in the management plan for the certified heritage area; or (ii) Consistent with goals, objectives, strategies, or actions outlined in the management plan or other planning document applicable to or utilized by the certified heritage area; or (7) Other activities as may be approved by the Authority. #### Regulation .04 Grant Application Procedures. *COMAR 14.29.03.04* A. For any year during which money is available in the Fund to make grants from the Grant Program, the Authority shall: (1) Establish grant application procedures; (2) Establish selection criteria that the Authority will utilize when awarding grants; (3) Establish grant application deadlines; (4) Establish minimum and maximum amounts for awards of individual grants; and (5) Publish on the Trust’s website the grant application procedures, selection criteria, grant application deadline, and minimum and maximum award amounts. B. An application for a grant shall be made on forms prescribed by the Authority and posted on the Trust’s website. C. A grant application shall include information and documentation that: (1) Establishes that the applicant is an eligible grantee as provided in Regulation .03A of this chapter evidenced by copies of the applicant’s organizational documents, including as applicable its articles of incorporation and bylaws, its articles of organization and operating agreement, its certificate of limited partnership and limited partnership agreement, or its partnership or joint venture agreement; (2) Describes in detail the proposed activity; (3) Identifies the estimated or actual cost of the proposed activity evidenced by contractor bids, proposals, or other good faith estimates; (4) Identifies in a proposed budget all proposed sources and uses of funding for the activity; (5) Establishes the applicant’s capability and readiness to initiate and undertake the activity and to complete the activity within an established time frame; (6) Establishes the applicant’s financial capacity to pay for costs of the proposed activity that will not be funded by the grant; (7) Identifies the sources, forms, and amounts for the matching contribution required under Regulation .06B of this chapter; (8) Details the applicant’s administrative capabilities, including the applicant’s capacity to manage the proposed activity; and (9) May otherwise be required by the Authority as specified in the grant application form. #### Regulation .05 Grant Application Review and Approval. *COMAR 14.29.03.05* A. For each grant application submitted prior to the grant application deadline established by the Authority under Regulation .04A of this chapter, Authority staff shall review the application and determine if: (1) The applicant is an eligible grantee under Regulation .03A of this chapter; and (2) The activity for which the applicant seeks grant funding is an eligible activity under Regulation .03B of this chapter. B. For each application that Authority staff determined under §A of this regulation that either the grantee or the project is ineligible for a grant, the Authority shall promptly send written notice of such determination to the grant applicant. C. For each grant application that Authority staff determines under §A of this regulation is eligible for a grant, staff shall: (1) Evaluate and rank the application competitively with all other eligible applications in accordance with the selection criteria established by the Authority under Regulation .04A of this chapter; (2) Make a funding recommendation based upon the evaluation and ranking; and (3) Forward the funding recommendation to the Authority. D. After receipt of Authority staff’s recommendations made under §C of this regulation, the Authority shall: (1) Review and consider staff’s recommendations; (2) Approve or disapprove each grant application; and (3) For each grant application approved, authorize an amount of funding for the grant: (a) That is within the limitations established under Regulation .06 of this chapter; and (b) Which may be an amount less than the amount requested by the applicant. E. Authority staff shall promptly notify each grant applicant of the action taken by the Authority under §D of this regulation. F. A decision by the Authority made under this regulation on an application for a grant is final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. #### Regulation .06 Grant Limitations, Terms, and Conditions. *COMAR 14.29.03.06* A. Limitations. The amount of a grant may not: (1) Exceed 50 percent of the total cost of the proposed activity, as evidenced by contractor bids, proposals, or other good faith estimates or budgets provided by the applicant; or (2) Fall outside the minimum or maximum grant amounts established by the Authority. B. Matching Requirements. A grantee shall make a matching contribution to an activity funded by a grant: (1) In an amount not less than the amount of the grant; (2) That consists of either cash, an equivalent dollar value of in-kind contributions, or a combination thereof; and (3) That is from sources and is in substance, form, and amount acceptable to the Authority. C. Grant Agreement. (1) No funds shall be disbursed from the Fund to a grantee unless the grantee has first executed a grant agreement in form and substance acceptable to the Authority. (2) A grant agreement shall establish all terms and conditions of the grant, including: (a) The amount of the grant; (b) The matching contribution requirements; (c) A scope of work for the activity funded by the grant; (d) A budget for the activity funded by the grant; (e) A grant disbursement schedule; (f) Special conditions on grant disbursement as may be required by the Authority; (g) A project timeline and deadlines for expenditures of grant funds; (h) Insurance requirements, as may be applicable; (i) Historic preservation requirements, as may be applicable; (j) Reporting requirements; (k) Defaults and remedies; and (l) Other terms and conditions as may be required by the Authority. (3) For a capital project funded by a grant that will affect property that is listed or eligible for listing on the Maryland Register of Historic Properties, the grant agreement shall provide that: (a) The plans and specifications for the project must be reviewed and approved by the Trust prior to the grantee undertaking any work specified in the grant agreement; (b) All aspects of the project must conform to historic preservation standards established or applied by the Trust, including, but not limited to, the Secretary of the Interior’s Standards for Treatment of Historic Properties; (c) The grantee must permit staff from the Trust to inspect ongoing construction to ensure that the grantee is undertaking the project in conformance with the applicable historic preservations standards and requirements; and (d) If required by the Trust, the grantee shall: (i) Convey or cause to be conveyed to the Trust for recording in the applicable land records a deed of easement, in form, substance, and duration satisfactory to the Director of the Trust, for preservation of the historic real property and the improvements and the settings thereon affected by the project; or (ii) Enter into an agreement with the Trust, or cause an agreement with the Trust, that obligates preservation and maintenance of the historic property affected by the project, in form, substance, and duration satisfactory to the Director of the Trust. #### Regulation .07 Grant Administration. *COMAR 14.29.03.07* A. Books, Accounts, and Records. (1) A grantee shall maintain those books, accounts, and records related to a grant or an activity funded by a grant that the Authority from time to time may require, and shall cause the grantee’s contractors and subcontractors to do the same. (2) A grantee shall file with the Authority financial and other reports as the Authority may from time to time require. (3) Books, accounts, and records required to be maintain under this section shall be: (a) Open for inspection by representatives of the Authority or the State during reasonable working hours, before, during, or after the period of time during which the grant proceeds are expended; and (b) Maintained and made available for inspection for 3 years after either the date of grantee’s final expenditure of grant proceeds or the termination of the contractual relationship between the Authority and the grantee, whichever is later. (4) A grantee shall, upon request of the Authority or the State, make the grantee’s administrative offices and personnel, whether full-time, part-time, consultants, or volunteers, available to discuss or address matters concerning administration of a grant or of an activity funded by a grant. B. Inspections. The Authority may conduct periodic inspections during the undertaking of an activity funded by a grant to assure that the activity is progressing in accordance with all terms and conditions of the grant agreement or other requirements of the Authority. C. Reports. A grantee shall submit a final report, and interim reports as may be required by the Authority, that documents progress and evaluates effectiveness of the activity funded by a grant. D. Nondiscrimination. (1) A grantee may not discriminate on the basis of age (except with respect to residents in elderly projects), race, color, religion, national origin, sex, marital status, or physical or mental handicap in any aspect of an activity financed or assisted under the Grant Program or in any aspect of employment by either a grantee or a contractor for the activity. (2) A grantee shall comply with all applicable federal, State, and local laws, and Authority policies and programs, regarding discrimination and equal opportunity in employment, housing, and credit practices, including: (a) Titles VI and VII of the Civil Rights Act of 1964, as amended; (b) Title VIII of the Civil Rights Act of 1968, as amended; (c) The Governor's Code of Fair Practices, as amended; and (d) The Authority’s Minority Business Enterprise Program, as amended, if the grantee does not have a minority business participation program which is acceptable to the Authority. #### Regulation .08 Grant Program Administration. *COMAR 14.29.03.08* A. Except for waivers under Regulation .09 of this chapter, any action or decision required or permitted to be taken or made by the Authority under this chapter may be taken or made by the Authority’s designee. B. The Authority may terminate a grant or refuse to make additional disbursements under a grant agreement if the Authority finds that the grantee is not in compliance with a requirement of the Grant Program or a term of the grant agreement. C. The Authority may adopt written policies or guidelines related to administration of the Grant Program and shall post any such adopted policies or guidelines on the Trust’s website. #### Regulation .09 Waiver. *COMAR 14.29.03.09* The Authority may waive or vary a provision of this chapter if the waiver or variance is consistent with the Act and, as determined by the Authority, application of the provision in a specific instance or case, or in an emergency situation, would be inequitable or contrary to the purposes of the Act. #### Regulation .10 False Statements. *COMAR 14.29.03.10* A person who knowingly makes or causes to be made a false statement submitted or made to the Authority in connection with an application for a grant or affecting an existing grant is subject to any penalties authorized by law.