These regulations prescribe the policies, procedures, and authorizations for making and administering grants and providing assistance under the Historical and Cultural Museum Assistance Program of the Maryland Historical Trust, an agency within the Department of Planning. The objective of the Program is to provide grants and technical and advisory assistance to local jurisdictions and nonprofit organizations for the purpose of supporting the upgrade, care, research, interpretation, documentation, and display of the State's historical and cultural museum collections and operating support for museum-related activities. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland, as amended. “Archival material” means documentary material, either public or private, in any form including paper, microform, computerized record, film, or other comparable medium. “Board of Trustees” or “Trustees” means the Board of Trustees of the Maryland Historical Trust. “Code” means the Annotated Code of Maryland, as amended. “County” means any of the 23 counties of the State and the Mayor and City Council of Baltimore. “Department” means the Department of Planning. “Director” means the Director of the Maryland Historical Trust. “Eligible activity” or “eligible activities” means one or more of the activities set forth in Regulation .05 of this chapter. “Fiscal year” means the fiscal year of the State. “Grant” means an award of financial assistance under the Program from the MHT Grant Fund. “Grant documents” means the grant agreement and other documents between the grantee and the Trust which evidence the terms and conditions of the grant. “Grantee” means the recipient of a grant. “Local jurisdiction” means any county or municipality, and a duly authorized agency or instrumentality of the county or municipality. “MHT Grant Fund” or “Fund” means the Historic Preservation and Historical and Cultural Museum Assistance Grant Fund of the Trust created under State Finance and Procurement Article, §5A-328, Annotated Code of Maryland. “Minor structural modifications” means alterations or modifications to existing buildings, structures, or other physical facilities that are consistent with the purposes of the Act. “Municipality” means a municipal corporation in Maryland subject to the provisions of Article XI-E of the Maryland Constitution. Museum. “Museum” means a facility in the State that: Is organized and operated on a nonprofit basis for essentially educational or preservation purposes; Owns or uses tangible inanimate objects; Is organized for the care of the objects in §B(17)(a)(ii) of this regulation and exhibits them to the public on a regular schedule; and Interprets the State's cultural heritage or the State's history, natural history, or history of science and technology. “Museum” includes a facility that is one of several facilities that meet the requirements of §B(17)(a) of this regulation and are owned or administered at least in part by the same nonprofit organization or local jurisdiction, if that facility and the other facilities owned or administered by the same nonprofit organization or local jurisdiction have separate space facilities, collections, budgets, paid or unpaid professional staffs, and programmatic advisory committees or boards. “Museum operated by the State” means a museum whose: Employees are State personnel, as defined in State Government Article, §12-101(1), Annotated Code of Maryland; and Operating costs are funded in whole or in part by State appropriations. “Nonprofit organization” means a corporation, foundation, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in that entity. “Operating support” means necessary administrative, technical, and professional services and related expenses. “Program” means the Historical and Cultural Museum Assistance Program of the Trust established by the Act. “Review panel” means the Museum Assistance Review Panel appointed by the Secretary under the Act and these regulations. “Routine administrative overhead expenses” means all operating costs except those incurred directly for an eligible activity. “Secretary” means the Secretary of Planning. “Trust” means the Maryland Historical Trust, an instrumentality of the State as part of the Department. The Program may provide technical and general advisory assistance to museums for the purpose of: Assisting museums to become eligible for grants; Developing long-range plans; Becoming accredited by the American Association of Museums or other pertinent entity that provides museum accreditation; and Meeting professional museum standards. Advisory and technical assistance shall be made available to applicants in the order in which written requests are received, subject to the availability of Program staff and budgetary resources. The following are eligible to apply for grants under the Program: A nonprofit organization only if the: Organization is in good standing, qualified to do business in Maryland, and has the legal capacity and all necessary legal authority to incur the obligations involved in the grants provided under the Program; Museum which is to be the beneficiary of a grant has been in existence as a nonprofit institution organized and operated on a nonprofit basis for at least 3 years before the date of application; and Organization or museum has applied for recognition as a tax-exempt organization under §501 of the Federal Internal Revenue Code, as amended; A local jurisdiction, only if the museum which is to be the beneficiary of a grant has been in existence as an agency or instrumentality of a local jurisdiction or as a nonprofit institution for at least 3 years before the date of application. Grants may not be made under the Program for a museum that: Is operated by the State; Is operated, in whole or in part, by a department or agency of the federal government. Eligible grant activities under the Program are those activities designed to improve and upgrade the quality of existing or new museum programs and activities, and operating support for museum-related activities. The activities in §A of this regulation are limited to: Research related to collections, exhibits, or other educational activities; Care, conservation, documentation, and interpretation of collections; Planning, design, and construction of exhibits and displays; Design and implementation of educational programs and activities; Development of master plans for the museum, including activities required to achieve accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation; Construction of minor structural modifications; Development of plans and specifications and provision of architectural, engineering, or other special services directly related to the construction or rehabilitation of museum facilities; or Operating support for any museum-related activity including activities described in §B(1)—(7) of this regulation. Grants may not be used for the following: Construction other than minor structural modifications as set forth in §B(6), of this regulation; or Costs that have been incurred before the date of the Trust's notice of grant approval. Grant Solicitation. At least once during each fiscal year the Trust shall solicit applications for the award of grants under the Program. At least 90 days before an expected award of grants to grantees, the Trust shall: Issue a public announcement of the availability of funds under the Program describing: The application process; The total anticipated funding available; Eligible applicants and activities; Eligible activity selection criteria; Special priorities and identified Statewide needs for grant awards; and The timetable for application submission, activity selection, and grant award; Endeavor to send direct mail announcements to museums Statewide; and Issue a press release containing the public announcement. Grant Application. Applications shall be made upon standard forms prescribed by the Trust. Each application shall be accompanied by sufficient information and documentation to determine the: Eligibility of the applicant and the proposed activity; Geographical location of the museum and of the proposed activity; Cost of the proposed activity; Managerial and fiscal competence of the applicant or the museum which is the beneficiary of the grant including its capability to carry out the activity, the appropriateness of its budget to the scope of the activity, and its ability to initiate and complete the activity within the time frame proposed; Except for operating support grants, extent to which there will be any contribution to the proposed activity by the appropriate local jurisdiction or any other funding source; Potential for the proposed activity to stimulate increased tourism, museum attendance, museum quality, or museum self-sufficiency or promote collections care or educational activities; Except for operating support grants, relative merits of the proposed activity within Statewide needs identified annually by the Trust in consultation with the review panel; Extent to which the activity will advance long-range planning efforts of the museum; Extent to which the activity will lead to accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation; Except for operating support grants, demonstration or innovation value of the activity; and Other relevant factors identified by the Trust from time to time. Each applicant shall certify that it is familiar with and willing to comply with the grant terms and conditions set forth in Regulation .09 of this chapter. Selection Criteria. Grant applications shall be reviewed and evaluated in accordance with selection criteria including but not limited to the: Except for operating support grants, relative merits of the eligible activity within Statewide needs identified annually by the Trust in consultation with the review panel; Except for operating support grants, extent to which there will be any contribution to the eligible activity by the appropriate local jurisdiction; Potential for the eligible activity to stimulate increased tourism, museum attendance, museum quality, or museum self-sufficiency or promote collections care or educational activities; and Extent to which the eligible activity will contribute to the cumulative equitable Statewide geographic distribution of funds based on the Statewide distribution of eligible applicants. Unanticipated Activity Grants. In any fiscal year, the Secretary may allocate up to 20 percent of the total moneys available in the MHT Grant Fund to be held in reserve for grants to unanticipated eligible activities that have arisen generally because of one or more of the following circumstances: The eligible activity requires emergency action; or The eligible activity provides a unique opportunity to promote the objectives of the Program. Except for §A of this regulation, the provisions of this chapter apply to unanticipated activity grants. There is established within the Trust a Museum Assistance Review Panel. Membership. The review panel shall consist initially of nine members. The Secretary may appoint additional members as the responsibilities of the review panel may require. The review panel shall include the following members: Three ex officio members as follows: The President of the Senate of Maryland or the President's designee; The Speaker of the House of Delegates of Maryland or the Speaker's designee; and A representative of the Executive Branch, whose responsibilities relate to the purposes of the Program, designated by the Secretary; At least six other members, appointed by the Secretary, who shall: Equitably represent the geographical diversity of the State and the variety of museums eligible for grant assistance under the Program; Have served in a museum-related capacity for a minimum of 3 years; Serve terms of 3 years, except that initial members shall serve staggered terms of 1, 2, and 3 years; Serve not more than two consecutive terms, and may not be reappointed again until at least 1 year has elapsed. Review panel members shall serve without compensation but are entitled to reimbursement for expenses as permitted by law. Duties. The review panel shall: Review grant applications; Make recommendations in accordance with Regulation .08 of this chapter, for review and approval by the Board of Trustees and recommendation to the Secretary for final approval or disapproval by the Secretary; Consider any advice or recommendations of the State Archivist received on all grant applications that in whole or in part relate to the care of, preservation of, or access to, archival material; and Advise the Trust and the Secretary regarding Program policies, activities, and expenditures. Review. The Trust staff shall accept for review all grant applications from eligible applicants postmarked or received by the due date. The Trust staff shall review and analyze all applications, determine whether proposed activities are eligible, and transmit applications together with staff comments to the review panel. State Archivist's Review. All eligible applications that relate in whole or in part to the care or preservation of, or access to, archival material shall be transmitted to the State Archivist for review and comment. The State Archivist shall transmit comments to the review panel within 10 working days. Review Panel Review and Recommendation. The review panel shall review all eligible applications and staff comments and shall evaluate, rank, and make recommendations on funding for eligible applications. The review panel shall transmit eligible application summaries, rankings, and funding recommendations to the Board of Trustees. Trustees' Review. The Trustees shall review the review panel's recommendations and approve, disapprove, defer, or modify these recommendations. The Trustees shall transmit eligible application summaries, rankings, and the review panel's recommendations, together with the Trustees' recommendations, to the Secretary. Secretary's Approval. The Secretary shall approve, disapprove, defer, or modify the Board of Trustees' recommendations. The Trust shall issue to each applicant a written notice of the Secretary's decision. The Secretary's decision is final and not a contested case within the meaning of State Government Article, §10-201 et seq., Annotated Code of Maryland. Term. The period of a grant may not exceed 24 months from the date of the grant agreement unless the Secretary or the Secretary's designee agrees in writing to an additional grant period. Extensions may be granted only for 1 period of not more than 24 months. Disbursement. Disbursement shall be made as the eligible activity progresses based upon requests for disbursement submitted by the grantee in a form satisfactory to the Trust. Expenditure Rate. The Trust may: Cancel the grant and withhold any funds not yet disbursed if the grantee has not expended all grant funds within the period set forth in §B of this regulation, and the grant documents may prescribe a shorter period of time if the circumstances of the eligible activity warrant it; or Extend the time limit if the grantee demonstrates that the circumstances warrant extension, such as an inability to satisfy the time limit because of circumstances beyond the grantee's control. Nondiscrimination; Compliance with Law. Each grantee shall comply with all applicable federal, State, and local laws and Departmental policies and programs regarding drug-free and alcohol-free workplaces, handicapped access, and equal opportunity in employment, housing, and credit practices, and prohibiting discrimination on the basis of race, color, creed, religion, national origin, sex, age, marital status, familial status, or physical or mental handicap, in any aspect of the grant, including but not limited to: Titles VI and VII of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; The Americans with Disabilities Act of 1990, as amended; Article 49B, Annotated Code of Maryland, as amended; The Governor's Code of Fair Practices, as amended; The Maryland Accessibility Code, COMAR 05.02.02, as amended; and Executive Order 01.01.1989.18 relating to drug-free and alcohol-free workplaces, and any Departmental regulations adopted or to be adopted to carry out the requirements of that Order. Grant Agreement. The Department shall enter into a grant agreement with each successful applicant. The grant agreement shall be signed by the Secretary or the Secretary's designee on behalf of the Department. Other Requirements. The Trust may establish other terms and conditions in the grant documents which the Trust considers reasonable and necessary to accomplish the objectives of the Program or to assure compliance with all federal, State, and local laws, ordinances, and regulations, and Departmental programs and policies. Books, Accounts, and Records. Grantees, contractors, and subcontractors shall maintain those books, accounts, and records, using normally accepted accounting procedures, and shall file with the Trust those financial and other reports as the Trust may from time to time require. All of these books, accounts, and records shall be open to inspection by representatives of the Department or other agencies of the State during reasonable working hours before, during, or after the period of time during which grant proceeds are expended. Grantees shall make their administrative offices and personnel, whether full-time, part-time, consultants, or volunteers, available to the Department upon request. Books, accounts, and records of contractors and subcontractors shall be maintained and made available for inspection for up to 3 years after either the date of grantee's final expenditure of grant proceeds or the termination of the contractual relationship between the contractor and the grantee, whichever is later. Reports. Grantees shall submit a final report, and interim reports as may be required by the Trust. Except for waivers, any action or decision required or permitted to be taken or made by the Trust under these regulations may be taken or made by the Director or the Director's designee. The Department may terminate a grant, refuse to make additional disbursements under the grant agreement, or suspend or debar a grantee as provided in COMAR 05.01.05, if the Secretary finds that the grantee is not complying with any of the requirements of the Program or the grant documents. The Trust from time to time may establish operational handbooks or manuals governing matters relating to the Program, including descriptive statements of Program procedures which do not directly affect the: Rights of the public; or Procedures available to the public. Waiver. The Secretary may waive or vary particular provisions of these regulations if: The waiver or variance is not inconsistent with the authorizing provisions of the Act; and In the written determination of the Secretary, the application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act. A person may not knowingly make or cause to be made any material misstatement of fact, in a statement or report in or regarding an application for a grant or affecting a grant already made. A person who violates any provision of this regulation is: Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both; and Subject to immediate cancellation and reimbursement of the grant. State Finance and Procurement Article, §§5A-349—5A-359, Annotated Code of Maryland Effective date: November 12, 1990 (17:22 Md. R. 2654) Regulation .01 amended effective December 25, 2000 (27:25 Md. R. 2279) Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279) Regulation .04 amended effective February 28, 1994 (21:4 Md. R. 273); December 25, 2000 (27:25 Md. R. 2279) Regulation .05 amended effective December 25, 2000 (27:25 Md. R. 2279) Regulation .05C amended effective May 23, 1994 (21:10 Md. R. 841) Regulation .06 amended effective December 25, 2000 (27:25 Md. R. 2279) Regulation .07 amended effective December 25, 2000 (27:25 Md. R. 2279) Regulation .08 amended effective December 25, 2000 (27:25 Md. R. 2279) Regulation .08D amended effective February 28, 1994 (21:4 Md. R. 273) Regulation .09 amended effective December 25, 2000 (27:25 Md. R. 2279) Regulation .10 amended effective December 25, 2000 (27:25 Md. R. 2279) Regulation .11 amended effective December 25, 2000 (27:25 Md. R. 2279) Chapter recodified from COMAR 05.08.04 to COMAR 34.04.04 Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 408) Regulation .04B amended effective February 3, 2025 (52:2 Md. R. 70)