Chapter 09. Maryland Historical Trust African American Heritage Preservation Program
Regulation .01 General.LinkCopy Citation
These regulations prescribe the policies, procedures, and authorizations for administering the African American Heritage Preservation Program, a joint partnership of the Maryland Historical Trust and the Maryland Commission on African American History and Culture.
Regulation .02 Objective.LinkCopy Citation
The objective of the Program is to provide a source of grant funding to local jurisdictions, nonprofit organizations, business entities, and individuals, to assist efforts to identify and preserve, through acquisition, construction, or improvements, buildings, communities, and sites of historical and cultural importance to the African American experience in Maryland.
Regulation .03 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Acquisition” means the act or process of acquiring fee title or an interest other than fee title to historic property, including the purchase or acquisition of preservation easements, leasehold estates subject to ground rents, development rights, or remainder interests.
(2)
“Act” means State Finance and Procurement Article, §5A-330, Annotated Code of Maryland, as amended.
(3)
“African American Heritage Preservation Project” or “project” means a capital project that:
(a)
Preserves a building, site, or community of historical or cultural importance to the African American experience in Maryland;
(b)
Is for the acquisition, construction, or improvement of land or buildings; and
(c)
Has an expected useful life of at least 15 years.
(4)
“Board of Trustees” or “Trustees” means the Board of Trustees of the Maryland Historical Trust.
(5)
“Business entity” means a corporation, association, partnership, joint venture, or other legally organized entity.
(6)
“Commission” means the Commission on African American History and Culture.
(7)
“Construction or improvement” means:
(a)
Planning, design, engineering, alteration, construction, reconstruction, enlargement, expansion, extension, improvement, replacement, rehabilitation, renovation, upgrading, repair, or capital equipping; and
(b)
Includes archeology and other predevelopment costs necessary for preparation of plans, designs, or engineering.
(8)
“County” means any of the 23 counties of the State or the City of Baltimore.
(9)
“Department” means the Maryland Department of Planning.
(10)
“Director” means the Director of the Maryland Historical Trust.
(11)
“Grant” means an award of financial assistance from the Grant Fund.
(12)
“Grant documents” means the grant agreement and other documents between a grantee and the Trust which establish the terms and conditions of a grant.
(13)
“Grant Fund” means the African American Heritage Preservation Grant Fund of the Trust as established by the Act.
(14)
“Grantee” means the recipient of a grant.
(15)
“Historic property” means a district, site, building, structure, monument, or object significant in the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State, which is listed in or is eligible for listing in the Maryland Register of Historic Properties.
(16)
“Local jurisdiction” means a county or municipality and any duly authorized agency or instrumentality of a county or municipality.
(17)
“Maryland Register of Historic Properties” means the register of historic properties in Maryland which is established by the Trust under State Finance and Procurement Article, §5A-323, Annotated Code of Maryland.
(18)
“Municipality” means a municipal corporation in Maryland that is subject to the provisions of Article XI-E of the Maryland Constitution.
(19)
“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 any private shareholder or individual holding an interest in such entity.
(20)
“Program” means the African American Heritage Preservation Program of the Trust established by the Act.
(21)
“Rehabilitation” means the act or process of returning an historic property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features which are significant to its historical and cultural values.
(22)
“Restoration” means the act or process of applying measures to sustain the existing form, integrity, and material of an historic property or of accurately recovering the form and details of an historic property as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
(23)
“Secretary” means the Secretary of the Maryland Department of Planning.
(24)
“Trust” means the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department.
Regulation .04 Eligible Grantees.LinkCopy Citation
A.
Subject to §B of this regulation, the following are eligible for grants under the Program, subject to meeting the grant selection criteria of Regulation .06B of this chapter:
(1)
A nonprofit organization;
(2)
A local jurisdiction;
(3)
An individual; and
(4)
A business entity.
B.
To be eligible for a grant, a nonprofit organization or a business entity shall be in good standing, qualified to do business in Maryland, and have the legal capacity and all necessary legal authority to incur the obligations and requirements of the grant.
Regulation .05 Eligible Projects.LinkCopy Citation
A.
Subject to §C of this regulation, and except as provided in §B of this regulation, the Trust may provide a grant from the Grant Fund to any eligible grantee for completion of an African American Heritage Preservation Project.
B.
A grant from the Grant Fund may not be used to assist a project that includes restoration, rehabilitation, or other construction or improvement to a historic property if:
(1)
The project does not meet the Secretary of the Interior’s Standards for Treatment of Historic Properties; or
(2)
Any acquisition, rehabilitation, restoration, or other construction or improvement of the property for which grant funds are sought is already under way or completed at the time a grant application is submitted.
C.
To be eligible for a grant, a project must have as the applicant an eligible grantee who:
(1)
Owns the property where the project is located; or
(2)
Has a leasehold interest, contract, option, or other written agreement or instrument, acceptable to the Trust, that gives the applicant the legal right to carry out the project on the property.
Regulation .06 Grant Allocation Procedures.LinkCopy Citation
A.
Annual Application Solicitation and Submission.
(1)
Once during each fiscal year for which funds are available in the Grant Fund for the award of grants, the Trust and the Commission shall jointly:
(a)
Solicit applications for the award of grants under the Program by issuing a public announcement regarding the availability of grant funds under the Program that:
(i)
Includes a description of the application process;
(ii)
States the total anticipated funding available;
(iii)
Identifies criteria for eligible grantees and projects;
(iv)
Provides a deadline date for submission of grant applications;
(v)
Provides an estimated timeline for project selection and grant award; and
(vi)
As appropriate, includes suggested recommendations on the types of projects to which the Trust and the Commission intend to give special consideration for funding;
(b)
Send the public announcement by email to African American heritage preservation organizations and other related organizations Statewide;
(c)
Issue a press release that includes the public announcement; and
(d)
Post the public announcement on the Trust's website.
(2)
Grant applications shall be submitted to the Trust in form prescribed by the Trust and shall include:
(a)
A description of the scope and purpose of the project;
(b)
A project budget, in a form acceptable to the Trust, that:
(i)
Details anticipated project costs and expenses;
(ii)
Identifies all sources and uses of project funds; and
(iii)
Includes the estimated total cost of the overall project;
(c)
Sufficient information and documentation to:
(i)
Evaluate the historical or cultural significance of the property;
(ii)
Determine the relationship of the project to the types of projects that the Trust and the Commission may have noted for special consideration under §A(1)(a)(vi) of this regulation;
(iii)
Determine the ownership and all lessees or substantial users of the property;
(iv)
Evaluate the current and proposed condition and use of the property;
(v)
Evaluate the extent, if any, to which the project will change the type of use or increase the intensity of the existing use of the property;
(vi)
Evaluate the nature and cost of the project;
(vii)
Evaluate the readiness of the applicant to commence the project and applicant's ability to complete the project within an established time frame;
(viii)
Evaluate the applicant’s administrative and financial capacity and capability; and
(ix)
Establish that the applicant has site control of the property as required by Regulation .05C(2) of this chapter;
(d)
Copies of applicant's organizational documents; and
(e)
Such other information as determined necessary by the Trust and the Commission.
B.
Selection Criteria.
(1)
The Trust and the Commission shall review and evaluate grant applications in accordance with the following selection criteria:
(a)
Relative historical or cultural significance of the project to the African American experience in Maryland;
(b)
Public necessity for the project;
(c)
Urgency of the project;
(d)
If applicable, the degree to which the project relates to the types of projects that the Trust and the Commission have noted for special consideration under §A(1)(a)(vi) of this regulation;
(e)
Estimated cost and timeliness for executing the project;
(f)
Extent to which the project will contribute to the cumulative equitable Statewide geographic diversity and distribution of funds considering relative concentrations of historic properties;
(g)
Inclusion within the project scope of long-term preservation measures that will protect the property or resource that is the subject of the project;
(h)
Comprehensiveness of the scope of the project;
(i)
The applicant's capacity to administer the project;
(j)
Extent to which the project might stimulate or promote other African American heritage preservation activities;
(k)
Informational and educational value of the project;
(l)
Demonstration and innovation value of the project;
(m)
Need for additional sources of funding for the project;
(n)
Applicant's readiness to commence the project;
(o)
Applicant's ability, including financial ability and capacity, to complete the project within an established time frame; and
(p)
Any additional criteria which the Trust and the Commission consider to be appropriate.
(2)
The Trust and the Commission may assign differing weights to the criteria set forth in §B(1) of this regulation and the weights may vary from time to time.
C.
Emergency Grants.
(1)
The Secretary may reserve during any fiscal year up to 20 percent of the funds available during that year in the Grant Fund to be used for emergency project grants for grantees and projects that qualify as eligible under Regulations .04 and .05 of this chapter but not otherwise applied for under the annual procedures established under §A of this regulation.
(2)
A project may qualify for an emergency project grant if:
(a)
An unpredictable or unforeseen situation has occurred which may necessitate an immediate need to undertake the project; or
(b)
The project is one which provides a special opportunity to undertake a qualifying activity within a narrow time frame.
(3)
An application for an emergency project grant shall:
(a)
Be submitted to the Trust in form and content as proscribed under §A(2) of this regulation; and
(b)
Include a description of the nature of the emergency and an explanation as to why the applicant cannot wait until the next annual grant application deadline date to apply for the grant.
Regulation .07 Review and Approval.LinkCopy Citation
A.
Procedures for Review of Annual Grant Applications.
(1)
For each grant application timely submitted to the Trust in accordance with Regulation .06A of this chapter, Trust staff shall review the application and determine if:
(a)
The applicant is an eligible grantee under Regulation .04 of this chapter; and
(b)
The proposed project is an eligible project under Regulation .05 of this chapter.
(2)
Following its review under §A(1) of this regulation, Trust staff shall:
(a)
Transmit to the Commission all grant applications for which staff determined during review that both the grantee and the project are eligible; or
(b)
Send a notice of ineligibility to each grant applicant for which staff determined during review that either the grantee or the project is not eligible.
(3)
Upon receipt of applications transmitted by Trust staff under §A(2)(a) of this regulation, the Commission shall:
(a)
Review each application and the recommendations made by Trust staff;
(b)
Evaluate and rank competitively the applications in accordance with the selection criteria under Regulation .06B of this chapter;
(c)
Recommend funding levels for the projects it determines worthy of the award of a grant; and
(d)
Transmit to the Board of Trustees the Commission’s evaluations, rankings, and recommendations.
(4)
Upon receipt of the information transmitted by the Commission under §A(3)(d) of this regulation, the Trustees shall:
(a)
Review the Commission’s evaluations, rankings, and recommendations;
(b)
Refine or revise the Commission’s rankings and recommendations as the Trustees deem appropriate; and
(c)
Forward to the Secretary recommendations on each application as to whether the applicant should be awarded a grant and in what amount.
B.
Procedures for Review of Emergency Applications.
(1)
For each emergency grant application submitted to the Trust under Regulation .06C of this chapter, Trust staff shall review the application and determine if:
(a)
The applicant is a eligible grantee under Regulation .04 of this chapter; and
(b)
The proposed project is an eligible project under Regulation .05 of this chapter.
(2)
Following its review under §B(1) of this regulation, Trust staff shall:
(a)
Transmit the application to the Commission if staff determined during its review that both the grantee and the project are eligible; or
(b)
Send a notice of ineligibility to the applicant if staff determined during its review that either the grantee or the project is not eligible.
(3)
Upon receipt of an application by Trust staff under §B(2)(a) of this regulation, the Commission shall:
(a)
Review the application and the recommendation made by Trust staff;
(b)
Evaluate the application in accordance with the selection criteria under Regulation .06B of this chapter;
(c)
Evaluate the nature of the emergency;
(d)
Recommend a fund level for the project if it determines the project worthy of the award of a grant; and
(e)
Transmit to the Board of Trustees the Commission’s evaluation and recommendation.
(4)
Upon receipt of the information transmitted by the Commission under §B(3) of this regulation, the Trustees shall:
(a)
Review the Commission’s evaluation and recommendation;
(b)
Refine or revise the Commission’s recommendation as the Trustees deem appropriate; and
(c)
Forward to the Secretary a recommendation as to whether the applicant should be awarded a grant and in what amount.
C.
Secretary’s Review and Approval. The Secretary shall:
(1)
Review each grant application forwarded to the Secretary by the Trustees and the recommendations of the Trust and of the Commission;
(2)
Evaluate each grant application against the selection criteria set forth in Regulation .06B of this chapter and, as applicable, the nature of any emergency; and
(3)
Make a final decision to:
(a)
Approve the grant and in what amount;
(b)
Approve the grant with modifications; or
(c)
Deny the grant.
D.
Board of Public Works Approval. For all grants awarded by the Secretary under §C of this regulation that are to be funded with the proceeds of the sale of State general obligation bonds, the Trust shall submit the grant agreement to the Board of Public Works for approval.
E.
Final Decision. The decision on a grant application of the Secretary under §C of this regulation, or, as appropriate, of the Board of Public Works under §D of this regulation, is final and not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
F.
Inapplicable Provisions. Grants submitted to the Board of Public Works in accordance with §D of this regulation are not subject to the provisions of the State Finance and Procurement Article, Title 4, Annotated Code of Maryland, or otherwise subject to review by the Department of General Services or any other State unit.
Regulation .08 Grant Terms and Conditions.LinkCopy Citation
A.
Grant Amount. A grant may not exceed $500,000.
B.
Grant Disbursement. Disbursement will be made as the project progresses based upon requests for disbursement submitted by the grantee in accordance with the terms of the grant documents and in a form satisfactory to the Trust.
C.
Additional Grant Requirements.
(1)
Deeds of Easement and Preservation Agreements.
(a)
If a grant is for a project on real property that is individually listed in, or individually eligible for listing in, the Maryland Register of Historic Properties, the grantee and the owner of the real property, if the owner is not the grantee, shall convey to the Trust a deed of easement containing preservation covenants applicable to the real property, in form, substance, and duration satisfactory to the Trust, which shall be recorded in the land records of the local jurisdiction in which the real property is situated.
(b)
A deed of easement conveyed pursuant to §D(1)(a) of the regulation may contain conditional lien provisions and other provisions which require reimbursement of the grant if the encumbrance of the deed of easement is extinguished by the foreclosure of a prior lien or otherwise or if the deed of easement is determined not to be legally enforceable for any reason.
(c)
If a grant is for a project affecting property that is individually listed in, or individually eligible for listing in, the Maryland Register of Historic Properties, and is other than real property, the grantee and the owner of the property, if the owner is not the grantee, shall enter into an agreement with the Trust to preserve and maintain the property in such manner and duration as is acceptable to the Trust.
(d)
The preservation agreement or deed of easement requirements of §D(1)(a) and (c) of this regulation may be modified or waived by the Director if the Director determines that such an agreement or easement is impracticable, infeasible, or not necessary under the circumstances.
(e)
The requirement in §D(1)(a) of this regulation that a deed of easement be conveyed by a property owner if the owner is not the grantee may be modified or waived by the Director, as necessary, if the subject property is long-term leasehold property.
(2)
Title to Real Property. The Trust, in its discretion, may require a grantee to provide evidence of title, acceptable to the Trust, that certifies title to the real property on which the grantee will undertake the project for which the grant is awarded. The certificate of title may contain only standard exceptions and encumbrances approved by the Trust.
(3)
Insurance. A grantee shall insure the property where the project is located against loss or damage by fire and other hazards, casualties, and contingencies as may be required by the Trust in amounts satisfactory to the Trust.
(4)
Review of Plans and Specifications. If a grant is for a project on historic property:
(a)
The plans and specifications for the project shall be subject to the review and approval of the Trust;
(b)
All aspects of the project shall conform to the acquisition, protection, stabilization, preservation, rehabilitation, restoration, reconstruction, and other applicable standards established or applied by the Trust, including, but not limited to, the Secretary of the Interior's Standards for Treatment of Historic Properties; and
(c)
The grantee shall permit the Trust to inspect ongoing construction and to ensure that the grantee is undertaking the project in conformance with all applicable standards and requirements.
D.
Other Requirements. The Commission and the Trust may establish in grant documents other terms and conditions of a grant as considered reasonable and necessary by the Commission and the Trust.
Regulation .09 Grantee Administration.LinkCopy Citation
A.
Books, Accounts, and Records.
(1)
Grantees, contractors, and subcontractors shall maintain those books, accounts, and records and shall file with the Commission and the Trust those financial and other reports as the Commission and the Trust may from time to time require. All such books, accounts, and records shall be open to the inspection of representatives of the Commission and the Trust or other agencies of the State during reasonable working hours before, during, or after the period of time during which the grant proceeds are expended. Grantees shall make their administrative offices and personnel, whether full-time, part-time, consultants, or volunteers, available to the Commission or the Trust upon request.
(2)
Books, accounts, and records of a grantee's 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.
B.
Reports. Grantees shall submit a final report, and interim reports as may be required by the Commission and the Trust that document project progress and evaluate project effectiveness.
C.
Nondiscrimination.
(1)
A grantee may not discriminate on the basis of age (except with respect to residents in elderly projects), ancestry, color, creed, gender identity and expression, genetic information, marital status, national origin, physical or mental handicap, race, religion, sex, and sexual orientation.
(2)
Each grantee shall comply with all applicable federal, State, and local laws and departmental 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 Department's Minority Business Enterprise Program, if any, as amended, if the grantee does not have its own minority business participation program which is acceptable to the Commission and the Trust.
Regulation .10 Program Administration.LinkCopy Citation
A.
Any action or decision required or permitted to be taken or made by the Secretary, the Commission, or the Trust under this chapter may be taken or made by the Secretary’s designee, the Executive Director of the Commission or a designee, or the Director of the Trust or a designee.
B.
The Commission and the Trust may terminate a grant or refuse to make additional disbursements under the applicable grant documents if it finds that the grantee is not complying with any of the requirements of the Program or the grant documents.
C.
The Commission and the Trust may establish from time to time 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 the procedures available to the public.
D.
After a grant has been awarded, the Commission and the Trust may:
(1)
Cancel or reduce the grant, and withhold any funds not yet disbursed if the grantee has not expended all grant funds within 24 months of the effective date of the grant documents, and the grant documents may prescribe a shorter period of time if warranted by the circumstances of the project; or
(2)
Subject to the availability of funds, increase the grant or extend the time limit for completing the project if the grantee demonstrates to the satisfaction of the Commission and the Trust that the circumstances warrant such an increase or extension.
Regulation .11 Waiver.LinkCopy Citation
Except for provisions of Regulation .07D of this chapter relating to Board of Public Works approval, the Secretary may waive or vary particular provisions of this chapter if:
A.
The waiver or variance is not inconsistent with the authorizing provisions of the Act; and
B.
In the written determination of the Secretary, application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.
Chapter annotations
Authority: State Finance and Procurement Article, §§5-203, 5A-318, and 5A-330, Annotated Code of Maryland
History: Effective date: October 4, 2010 (37:20 Md. R. 1396)
History: Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612)
History: Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective February 15, 2016 (43:3 Md. R. 274)
History: Regulation .02 amended effective December 13, 2021 (48:25 Md. R. 1082)
History: Regulation .03B amended effective December 13, 2021 (48:25 Md. R. 1082)
History: Regulation .04A amended effective December 13, 2021 (48:25 Md. R. 1082)
History: Regulation .06A, B amended effective June 10, 2024 (51:11 Md. R. 580)
History: Regulation .08 amended effective June 10, 2024 (51:11 Md. R. 580)
History: Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 347); December 13, 2021 (48:25 Md. R. 1082)
History: Regulation .09B amended effective June 10, 2024 (51:11 Md. R. 580)