9 NYCRR Part 442 - Executive Department

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Source version current through Sep 15, 2021

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 442.1 - Eligibility criteria

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)A property shall be eligible for grant assistance if, prior to the award of the grant, it is:

(1)individually listed on the State or National Register of Historic Places; or

(2)located within a historic district which is listed on the State or National Register of Historic Places and which is identified in the district nomination form as contributing to the significance of the district. If the nomination does not clearly identify the property as contributing, the commissioner shall make this determination.

(b)Eligible projects include:

(1)Acquisition. The acquisition during the project term or within one year prior to the application deadline date of a permanent easement in or fee title to all or part of a property listed on the State or National Register or of buffer zones, viewsheds or other ancillary property if, in the opinion of the office, the acquisition is necessary to protect the significance of the listed property.

(2)Development. Improvement, restoration, preservation, rehabilitation, protection, reconstruction, or archaeological interpretation of historic properties. All work must conform to the Secretary of the Interior's Standards.

(3)Planning. Costs incurred to plan an acquisition or development project. Examples of such costs include:

(i)predevelopment plans, specifications, cost estimates and other contract documents;

(ii)planning or feasibility studies;

(iii)structural assessments, historic structure reports, cultural landscape reports, archaeological, architectural or historic research reports; and

(4)Implementation. Project completion or archaeological investigation reports, audit reports, project signs and costs to implement, administer or monitor an acquisition or development project.

9 NYCRR 442.2 - Archaeological development activities

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)All identification, evaluation, curation, interpretation and protection activities shall be conducted under the supervision of a professional archeologist meeting the requirements of the office. Disturbance of archaeological sites will be kept to a minimum and funded only if one of the following criteria is met:

(1)data recovery is necessary to determine the presence of significant archaeological deposits that might be disturbed by a project; or

(2)data recovery and/or other mitigative measures are necessary because a development project will unavoidably disturb an area that has archaeological value; or

(3)testing is necessary to design and perform an approved development activity which is dependent upon information that can be obtained only through archaeological investigation; or

(4)public interpretation of a property is dependent upon the information that can only be obtained by archaeological testing.

(b)Whenever archaeological activities are funded under this Subchapter, appropriate research notes, maps, sketches, photographs, profiles, and field notes recording information about the archaeological resources and the methods and techniques employed must be submitted to the office together with a written report of the investigation. All information and reports must meet the professional requirements of the office for archaeological documentation.

(c)Archaeological collections and accompanying data and records must be curated in a repository meeting the requirements of the office.

9 NYCRR 442.3 - Supplemental application requirements

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

In addition to the general application requirements found in section 440.7 of this Title, applications under this Part shall include the following additional information:

(a)the location of the property shown on a map as directed by the office;

(b)photographs or images showing the existing condition of the property as directed by the office; and

(c)a narrative description of the property's historic significance.

9 NYCRR 442.4 - Supplemental rating criteria

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

In addition to the criteria listed in section 440.8 of this Title, the following criteria will be considered in rating historic preservation projects:

(a)the historic significance of the property in the national, State or local context; and

(b)degree to which the project will increase public stewardship or awareness of historic resources.

9 NYCRR 442.5 - Public benefit provision

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

In order to assure the preservation and maintenance of projects funded under this Part and to assure that a public benefit accrues from the expenditure of public funds, the commissioner will require the project sponsor to convey a preservation or maintenance restriction, easement or other protective agreement to the office or such other entity as the commissioner deems appropriate.

9 NYCRR 442.6 - Earlier source heading: 442.6 to 442.9 [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

9 NYCRR 442.10 - Earlier source heading: 442.10 to 442.29 [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

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