CLG Certification & Requirements
Since 1966, when Congress first established a preservation program for the United States, the national historic preservation program has operated as a decentralized partnership between the federal government and the states. Through the National Park Service, Department of the Interior, the federal government established a program of identification, evaluation, and protection of historic properties which were implemented primarily by the states and federal agencies.
The success of that working relationship prompted Congress to expand the partnership to provide for participation by local governments. The National Historic Preservation Act as amended (16 U.S.C. 470 et. seq.) contains the legal basis for the federal-state-local preservation partnership. The federal law directs the State Historic Preservation Officer and the Secretary of the Interior to certify local governments to participate in this partnership and specifies several requirements which the local government must meet. Within federal parameters, each state tailors its Certified Local Government procedures to its circumstances.
The Certified Local Government (CLG) program is designed to promote the preservation of prehistoric and historic sites and districts by establishing a partnership between the local government and the Kansas State Historic Preservation Office (SHPO), a division of the Kansas Historical Society. The SHPO seeks to encourage and expand local involvement in preservation issues. Some of the goals of the program are as follows:
1. Historic preservation issues should be understood and addressed at the local level and then integrated into the local planning and decision making processes at the earliest possible opportunity.
2. The interests and concerns of local governments should be integrated into the identification, evaluation, nomination, and protective processes of the SHPO.
3. Information on local historic preservation issues should be provided to the Kansas SHPO and to the public.
4. Historic preservation should be facilitated at the local level through the establishment of historic preservation commissions and programs.
5. The process employed in the Kansas Inventory of Historic Sites should be used to assist local communities in identifying and defining neighborhood development and conservation areas.
Through participation in the identification, evaluation, and protection of local historic resources, each Certified Local Government can assume a leadership role in the preservation of its community’s prehistoric and historic sites, have a formal role in the National Register nomination process, participate in the establishment of state historic preservation objectives, and receive technical and advisory services from the State Historic Preservation Office. A CLG also is eligible to apply annually to the SHPO for subgrants from the Historic Preservation Fund.
Find a printable version of the Kansas CLG certification manual or contact the Kansas SHPO at 785-272-8681, ext. 240; email@example.com.
I. REQUIREMENTS FOR CERTIFICATION OF LOCAL GOVERNMENTS IN KANSAS
Any general purpose political subdivision of the state, such as a city or county, which meets the criteria set forth in this document, is eligible to apply for certification. The National Historic Preservation Act as amended (16 U.S.C. 470 et. seq.) contains five broad standards, all of which must be met by a local government seeking certification. The federal standards are defined and amplified below.
A. The local government must enforce appropriate state and local legislation for the designation and protection of historic properties.
1. The local government must observe any requirements placed on it by the protective clause of the State Historic Preservation Act (KSA 75-2724) and cooperate with the State Historic Preservation Officer in any matters arising under that statute.
2. The local government must adopt a local historic preservation ordinance. The purpose of the ordinance must be clearly stated. The ordinance must establish an historic preservation commission, define all relevant terms, and specify the number, composition, and duties of the commission.
3. The ordinance shall give the local preservation commission the authority either to designate local historic districts and individual landmarks or recommend such designation to the jurisdiction’s governing body, which may retain final approval. The local ordinance shall clearly define a process and criteria for local landmark designation.
4. The local ordinance shall contain provisions requiring public hearings for all designation and design review matters. Exceptions to this provision may be made for sensitive historic resources as described in Section 304 (16 US.C. 470w-3) of the National Historic Preservation Act as amended (16 USC 470) and the 45-221 exception of K.S.A. 45-215 - 45-223 Open Records Act of 1983 as amended in 1995.
5. The local government is encouraged to establish provisions for reviewing effects on locally designated properties. The nature and scope of the protections offered for properties on the local register shall be at the discretion of the local government. The criteria upon which a local preservation commission reviews proposals for alteration or demolition must be clearly set forth in the ordinance or adopted by the commission under the authority of the ordinance. Such criteria must be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Should the local government elect not to include design review under the provisions for the local register, it still must conduct such reviews on Kansas and National Register properties as required by the State Historic Preservation Act (KSA 75-2724).
6. The local ordinance shall contain specific time limits within which the commission and the applicant shall act.
7. Provisions for enforcing decisions and a right of appeal must exist in the ordinance or in the general zoning ordinance.
B. The local government must establish an adequate and qualified historic preservation commission through a local ordinance.
1. Each Certified Local Government shall have a commission with a minimum of five members, whose geographic area of authority is coterminous with the boundaries of that local government's jurisdiction. The commission members must be appointed by the chief elected official of the jurisdiction.
2. The commission shall be composed of both professional and lay members, all of whom have a demonstrated interest, knowledge, or training in historic preservation. Information on the credentials of the commission members must be kept on file and available to the public. The commission members must attempt to remain current concerning historic preservation issues and techniques.
3. At least forty percent of the commission membership shall be drawn from the preservation-related profession defined by the National Park Service. These professions currently include Prehistoric and Historic Archeology, Architectural History, Conservation, Cultural Anthropology, Curation, Engineering, Folklore, Historic Architecture, Historic Landscape Architecture, Historic Preservation Planning, Historic Preservation, and History. Additional professions may be added to this list in the future by the National Park Service. This requirement may be waived if the local government can provide written documentation to the Historic Preservation Office that it has made a reasonable effort to fill those positions.
4. The historic preservation commission shall review all proposed National Register nominations for properties within its jurisdiction as well as alterations, relocations, and demolitions of listed historic properties as required by law. When a commission reviews a National Register nomination or other actions which are normally evaluated by a professional in a specific discipline and that discipline is not represented on the commission, the commission shall seek expertise in that area before rendering its decision. For example, an archeological site is normally evaluated by an archeologist, a building may be evaluated by an architectural historian or an architect. Local governments are encouraged to try to find qualified individuals with expertise in the relevant disciplines to serve on their preservation commissions. If they cannot be found, commissions will need to explore the possibility of utilizing the services of consultants or other outside experts or work with the Historic Preservation Office to meet the need in another way.
5. Terms of office of commission members shall be staggered and of at least two years duration. There need not be a limit on the number of consecutive terms served by one member.
6. The local appointing authority shall act within sixty days to fill a vacancy, including expired terms. The Historic Preservation Office shall be provided with the resumes and qualifications of new appointments.
7. The commission shall adopt rules of procedure or by-laws which shall be made available to the public. Included in the rules of procedure shall be sections which specify attendance requirements for members and which cover potential conflicts of interest situations unless those matters are already covered by other city ordinances. These rules of procedure must be consistent with state and federal procedures.
8. All meetings of the commission shall be open to the public. Minutes shall be kept of each meeting and shall be available for public inspection. A copy of the minutes of each meeting shall be sent to the Historic Preservation Office at the same time that copies are distributed to commission members. Exceptions may be made as described in Section 304 (16 US.C. 470w-3) of the National Historic Preservation Act as amended (16 USC 470) and the 45-221 exception of K.S.A. 45-215 - 45-223 Open Records Act of 1983 as amended in 1995
9. The commission must meet as often as necessary to complete its work in a timely manner. The commission must meet no less than twice a year.
10. All preservation responsibilities and activities shall be carried out by the Certified Local Government in a manner consistent with the state’s comprehensive planning process.
11. An annual report of CLG related activities of the local government shall be submitted to the Historic Preservation Office. The report shall be due no later than August 1 and shall cover the period July 1 to June 30. The report shall include, but is not limited to, such items as number and types of cases reviewed and their disposition, a list of new designations made during the year, changes in boundaries of any previous designations, resumes of new commission members, a list of all current members with their professional disciplines, attendance records, a list of educational meetings attended by commission members, and all minutes relating to National Register nominations.
12. The State Historic Preservation Officer may, at his or her discretion and by mutual written agreement with the local government, delegate further responsibilities to the Certified Local Government.
13. In order to stay current with developments in the field, each commission member is strongly encouraged to attend at least one informational or training meeting per year that pertains to fields associated with historic preservation or with the duties of local preservation commissions. Ongoing training of historic preservation commissions may be a factor in the awarding of Historic Preservation Fund subgrants.
14. All responsibilities and duties assigned to local historic preservation commissions shall be complementary to and carried out in coordination with those assigned to the State in 36 C.F.R. 61.6 (e).
C. The local government must maintain a system for the survey and inventory of historic properties.
1. The Certified Local Government shall begin or continue a survey process approved by the Historic Preservation Office to identify historic properties within its jurisdiction. All survey and inventory activities as well as other preservation responsibilities shall be carried out by the Certified Local Government in a manner consistent with the state's comprehensive historic preservation planning process which is available from the Kansas Historic Preservation Office.
2. The Certified Local Government must maintain a detailed inventory of the districts, sites, or structures it has surveyed. All inventory materials shall be kept up to date.
3. All new surveys shall utilize the Kansas Historic Resources Inventory Reconnaissance Form.
As of 2008, all survey information submitted to the SHPO must be submitted online via the Kansas Historic Resources Inventory (KHRI) database – see http://khri.kansasgis.org/
4. All inventory materials shall be accessible to the public except in those conditions specified in Section 304 (16 US.C. 470w-3) and the 45-221 exception of the Kansas Open Meetings Law (K.S.A. 45-215 - 45-223).
5. Duplicate copies of materials from all survey efforts conducted by the local government shall be provided to the Historic Preservation Office unless already in the files of that office.
D. The local government shall provide for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register.
1. All meetings of commissions shall adhere to the provisions of the Kansas Open Meetings Law (KSA 75-4318).
2. Reasonably detailed minutes of all decisions and actions of the commissions, including the reasons for making those decisions, must be kept on file and available for public inspection except in those conditions specified in Section 304 (16 US.C. 470w-3) and the 45-221 exception of the Kansas Open Meetings Law (K.S.A. 45-215 - 45-223)..
3. All decisions by the commission shall be made in public forum and applicants shall be given written notification of decisions of the commission.
4. The local ordinance shall contain provisions requiring public hearing for all designation and design review matters.
E. Local governments shall satisfactorily perform the responsibilities listed in points A through D and those others specifically delegated to them under the National Historic Preservation Act by the State Historic Preservation Officer.
II. PROCESS FOR CERTIFICATION OF LOCAL GOVERNMENTS IN KANSAS
A. The chief elected official of the local government shall request certification from the Kansas State Historic Preservation Officer. The request for certification will contain the following:
1. A certification agreement signed by the chief elected official or a designated representative that the local government will fulfill all the standards for certification outlined above.
2. A copy of the local historic preservation ordinance.
3. A list and accompanying maps of any area or areas already designated as historic districts as well as individual landmarks.
4. Resumes for each of the members of the historic preservation commission. This would include, where appropriate, credentials of members with expertise in the fields related to historic preservation.
B. Kansas State Historic Preservation Office staff shall respond to the chief elected official within thirty days of receipt of an adequately documented written request.
C. If the SHPO determines that the local government fulfills the requirements for certification, an agreement will be signed with the local government.
D. The agreement with the local government will specify that it satisfies the following minimum requirements:
1. The local government must enforce appropriate state and local legislation for the designation and protection of historic properties.
2. The local government must establish and continue to maintain an adequate and qualified historic preservation commission.
3. The local government must establish and maintain a system for the survey and inventory of historic properties.
4. The local government must provide for adequate public participation in the local historic preservation program, including the process of recommending properties to the National Register.
E. The certification agreement shall specify either directly or by reference the role of the local government in the National Register nomination process and any other responsibilities delegated to the local government that have been mutually agreed upon by the State Historic Preservation Officer and the local government.
F. After having determined the CLG application meets all of the requirements in the Kansas State procedures, the SHPO will forward the request for concurrence and the signed review checklist to the Secretary of the Interior, or his or her designee, for review. If the Secretary does not take exception to the request within fifteen working days of receipt, the local government shall be regarded as certified by the Secretary.
III. PROCESS FOR MONITORING, EVALUATING AND DECERTIFYING LOCAL GOVERNMENTS IN KANSAS
A. The Kansas Historic Preservation Office shall periodically monitor and evaluate the performance of Certified Local Governments, but no less often than once a year, to ensure that each government is fulfilling the required standards. Minutes from all commission meetings must be sent to the KHPO at the same time they are sent to the commission members. The minutes assist the state office in the ongoing monitoring of the program and allow the office to identify potential needs for assistance. Continued certification shall be based on performance.
1. The Historic Preservation Office shall review the annual reports submitted by the Certified Local Governments, minutes of the local historic preservation commission meetings, records of the administration of any federal funds received from the Historic Preservation Fund, and other documents as necessary.
2. The local certified government shall make all pertinent records available to the Historic Preservation Office on request.
3. The Historic Preservation Office also may send representatives to meetings of the local historic preservation commission.
B. The following standards shall serve as criteria for the Historic Preservation Office to prepare a written evaluation of the Certified Local Government.
1.Composition of the membership of the local historic preservation commission has been consistent with the requirements in Section I. B.1-3.
2. Members of the commission have attempted to remain current with issues within the field of historic preservation by attending one workshop or conference a year that concerns historic preservation or the disciplines of which it is composed. At least one commission member has attended an historic preservation-related workshop or training program in the reporting year.
3. Design review decisions were consistent with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, state regulations KAR 118-3-1 through 118-3-16, and the Standards and Guidelines for Evaluating the Effect of Projects on the Environs, 1988 Edition.
4. Decisions on the eligibility of properties for the National Register were consistent with the National Park Service criteria.
5. The local preservation commission and the chief local elected official have provided opinions on all properties within their jurisdiction that are proposed for National Register nomination.
6. Public participation requirements of the Kansas Certified Local Government Program have been observed.
7. A system for initiating historic preservation surveys and recording their outcomes has been maintained. If conducted, surveys have been conducted a format consistent with KHPO inventory requirements and copies of the data provided to the Historic Preservation Office.
8. All conditions in the agreement between the Certified Local Government and the State Historic Preservation Office have been met.
9. The annual report was filed on time and contained all required information.
10. The minutes of the local historic preservation commission shall be provided the Historic Preservation Office as required by Section I. B.8.
*11. Any work funded with Historic Preservation Fund monies was completed in a timely manner, or was on schedule, and consistent with the Secretary of the Interior’s standards for that type of work, e.g., survey, planning, National Register Nominations, etc.
*12. The fiscal management system of the Certified Local Government was in compliance with federal requirements.
*13. The Certified Local Government properly carried out all of its obligations as a subgrantee.
* Applicable only to Certified Local Governments that receive federal Historic Preservation Fund monies.
C. If the Historic Preservation Office’s evaluation indicates that the performance of a local certified government is inadequate, the Historic Preservation Office shall document that assessment and recommend in writing to the local government specific steps to bring its performance up to an acceptable level.
1. The Certified Local Government shall have a period of no less than thirty days to implement improvements or may, with SHPO approval, develop an adequate schedule for making necessary improvements.
2. If the Historic Preservation Office determines that sufficient improvement has not occurred, the State Historic Preservation Officer shall recommend decertification of the local government to the Secretary of the Interior, citing the specific reasons for the recommendation.
3. Local certified governments may file requests with the State Historic Preservation Officer to be decertified voluntarily and without prejudice.
D. According to the National Park Service Historic Preservation Fund Grants Manual, when a local government is decertified, current HPF grants may be terminated if the terms of the subgrant cannot continue to be met after decertification. If this is the case, the Historic Preservation Office shall suspend or terminate the Historic Preservation Fund assistance to that local government and implement procedures for closing out the grant as specified in the manual.
IV. CERTIFIED LOCAL GOVERNMENT PARTICIPATION IN THE NATIONAL REGISTER PROCESS
NOTE: This section addresses only properly completed National Register nomination forms, which have been prepared in accordance with the Secretary of the Interior’s Standards for Registration and Guidelines for Registration (Federal Register, v. 48, no. 190, Sept 29, 1983, pp. 44726-44728) and the National Park Service’s technical publication How to Complete National Register Nomination Forms. Requests for the National Register nomination information, for preliminary opinions by the State Historic Preservation Officer on a property’s eligibility, for Part 1 certifications for the preservation tax incentives, etc., will continue to be handled as they have been in the past.
A. All documentation and materials necessary for the nomination of properties to the National Register of Historic Places shall be received by the State Historic Preservation Officer.
B. If a property to be nominated lies within the jurisdiction of a Certified Local Government, the Historic Preservation Office shall transmit a copy of the nomination materials together with a staff review to the historic preservation commission of the Certified Local Government within thirty days after the State Historic Preservation Officer has determined that the nomination materials are complete and correct unless the Certified Local Government itself has initiated the nomination.
C. After providing a reasonable opportunity for public comment, the Certified Local Government shall submit a report to the Historic Preservation Office regarding the eligibility of each property or district proposed for nomination to the National Register within its jurisdiction within sixty days after receipt of the nomination materials. The report shall include the recommendation of the historic preservation commission and the chief elected official and take into account any substantive new information that may be identified through the public meeting process. The report may range from a simple affirmation that the property is eligible to a lengthy research report stating why the property should or should not be nominated. The report shall concentrate on the properties eligibility under the National Register criteria of eligibility. Guidelines on how to apply these criteria will be provided by the Historic Preservation Office. The report could also reference the Certified Local Government’s preservation plan or other relevant planning documents. A copy of the report submitted to the Historic Preservation Office shall be available for public inspection locally.
D. If both the historic preservation commission and the chief elected official agree that the proposed nomination meets the criteria for listing the property in the National Register of Historic Places, the State Historic Preservation Officer will schedule the nomination for consideration by the Kansas Historic Sites Board of Review at the earliest possible opportunity.
E. If the historic preservation commission and the chief elected official disagree on whether the proposed nomination meets the National Register criteria, the State Historic Preservation Officer will schedule the nomination for consideration by the Kansas Historic Sites Board of Review at the earliest possible opportunity.
F. If the historic preservation commission and the chief elected official agree that the proposed nomination does not meet the criteria for listing in the National Register of Historic Places, the State Historic Preservation Officer will not schedule the nomination for consideration by the Kansas Historic Sites Board of Review unless an appeal is filed within thirty days with the State Historic Preservation Officer in accordance with the regulations established by the National Park Service on the appeals process.
G. If the historic preservation commission and the chief elected official do not comment on the proposed nomination within sixty days, the State Historic Preservation Officer shall present the nomination for consideration by the review board at the earliest opportunity
H. The Kansas Historic Sites Board of Review, after considering all opinions from the local chief elected official and the historic preservation commission, shall make its recommendations to the State Historic Preservation Officer. According the federal regulations, properties approved by the board may be forwarded by the State Historic Preservation Office to Keeper of the National Register. The State Historic Preservation Officer has the discretion to decline to nominate properties the board approves. Either the local historic preservation commission or the chief elected official may appeal the final decision of the State Historic Preservation Officer under the appeals process referenced earlier.
I. In order to expedite the nomination process a Certified Local Government may elect to send a supporting report with a nomination when it is first submitted by that government or local preservation commission to the State Historic Preservation Officer. The report should be submitted jointly by the chief elected official and the historic preservation commission and should at a minimum clearly state that in their opinion the property is eligible for the National Register and why. Public participation requirements still apply. In addition, the SHPO may expedite the CLG’s participation in the nomination process, including the sixty day commenting period, with the concurrence of the CLG, as long as owner notification procedures have been met.
J. Failure of the Certified Local Government to submit to the Historic Preservation Office report on all proposed nominations within its jurisdiction will be considered by the Historic Preservation Office in its annual review on the Certified Local Government.
K. Certified Local Government notification procedures do not apply when a federal agency nominates a property under its ownership or control. CLGs are encouraged to coordinate with federal agencies to the extent practical, however, in the consideration of such nominations.
L. The SHPO may delegate to a CLG other responsibilities pertaining to the processing of National Register nominations, as agreed to by the CLG, including responsibility for National Register owner notifications under 36 CFR 60, (or allowing the local historic preservation commission to act in place of the State Review Board for the purposes of considering nominations).
V. PROCESS FOR TRANSFERRING FUNDS TO CERTIFIED LOCAL GOVERNMENTS
A. In order to be eligible to receive a portion of the Certified Local Government share of the Historic Preservation Fund allocation to Kansas, a Certified Local Government must meet the following conditions:
1. The Certified Local Government shall have adequate financial management systems which meet the standards of the Office of Management and Budget Circular A-102, Attachment G, which are auditable in accordance with General Accounting Office Standards, and which are periodically evaluated by the State Historic Preservation Officer. (The Historic Preservation Office will provide advice and information on developing and implementing financial management systems which meet the requirements above).
2. The Certified Local Government shall adhere to all requirements mandated by Congress pertaining to the Historic Preservation Fund.
3. A local government must meet the standards for certification established by the National Park Service and the state program, as confirmed by the annual report.
B. The local share of the Kansas allocation from the Historic Preservation Fund will be available to Certified Local Governments on a matching basis for eligible historic preservation activities and projects approved by the Historic Preservation Office. At present, federal law mandates that a minimum of ten percent of the state’s annual Historic Preservation Fund allocation be set aside for distribution to Certified Local Governments. Any shortfall in meeting the required ten percent distribution to CLG projects will be returned to the National Park Service for reallocation. At such times as Congress may appropriate more than sixty-five million dollars to the Historic Preservation Fund, one-half of the excess shall also be available to Certified Local Governments. Certified Local Governments may participate in the review and approval of National Register nominations whether or not they elect to receive federal historic preservation funds.
C. All of the funds for Certified Local Governments will be awarded on a competitive basis. All local governments which have been certified are eligible to apply for funds but will not automatically receive funds. The Kansas State Historical Society requires that a portion of the grant funds be matched by the local government. Grants made from the Historic Preservation Funds cannot be used as a matching share for other federal grants, except for Community Development Block Grants monies or revenue sharing funds. Indirect costs may charged as a part of the grant only if the Certified Local Government subgrantee meets requirements of Chapter 12 of the Historic Preservation Fund Grants Manual. Unless the Certified Local Government has a current indirect cost rate approved by the cognizant federal agency, only direct costs may be charged.
D. The Certified Local Government which seeks to obtain a portion of the state’s set-aside must complete a project application and budget by the deadline established annually by the Historic Preservation Office. Application forms, instructions, and any annual priorities or criteria for funding established by the Historic Preservation Office will be sent to all CLGs when they become available.
E. The applications will be ranked by the Kansas Historic Sites Board of Review before recommendations for funding are made to the State Historic Preservation Officer. In general, eligible activities will include projects which further the goals of identification, evaluation, nomination, and protection of the community’s historic and cultural resources. This would include survey, nomination of properties to the National Register, development of a comprehensive preservation plan, and public education programs. The applications will be evaluated according to the criteria stated in the annual HPF application. Priority for funding will be given to well-conceived projects that are in accord with the published elements of the state historic preservation plan or the stated annual priorities of the HPF grant program. Past performance on Historic Preservation Fund grants is a major factor in the awarding of funds. Poor past performance on HPF grant projects may be grounds to deny funding unless the applicant can demonstrate that the conditions that led to the difficulties on the previous grants have been resolved.
F. Certified Local Governments can use Historic Preservation Fund monies only for activities that are identified as eligible in The Historic Preservation Fund Grants Manual.
G. Use of federal funds will be limited by all existing restriction imposed by the federal government. The KHPO will inform grant applicants of current federal restrictions. The intent of Historic Preservation Fund assistance is to augment, not replace, existing local commitment to historic preservation.
H. The Certified Local Government which receives Historic Preservation Fund assistance will be considered a subgrantee of the state and will be required to sign a project agreement similar to that of other subgrantees. That agreement will include the specific requirements contained in Sec. V. A. At the end of the project, the Certified Local Government will have to file a completion report and other documents which will be spelled out in the project agreement.
I. The Certified Local Government must be responsible for including the grant project in the “single audit” completed for the city in accordance with OMB Circulars A-102 and A-133. When requesting reimbursement for expenditure of funds, the Certified Local Government will need to provide the Historic Preservation Office with sufficient documentation for that office to verify that the expenditures occurred. Such documentation may include payroll records, contract documents, invoices, vouchers, canceled checks, etc. The Historic Preservation Office must have this information since the state is responsible for verifying to the National Park Service the subgrantee’s match and for the proper accounting of federal funds in accordance with OMB Circulars A-102 and A-133.
J. The evaluation of performance by the Historic Preservation Office will include an assessment of the Certified Local Governments’ fiscal management of the Historic Preservation Fund monies.
K. No single Certified Local Government should receive a disproportionate share of the allocation. This is based on the assumption that the amount of funds available for Certified Local Governments will be sufficient to fund more than one local government’s application, that more than one application will be received, and that each application funded can produce a specific product. If these assumptions are not valid, there is the possibility that only one project may be funded.