2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 5A-330 - African American Heritage Preservation Program [Section subject to abrogation].

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Capital project" means the:

(i) acquisition of land or buildings for an African American heritage preservation project; or

(ii) construction or improvement of an African American heritage preservation project.

(3) "Commission" means the Commission on African American History and Culture.

(4) "Construction or improvement" means planning, design, engineering, alteration, construction, reconstruction, enlargement, expansion, extension, improvement, replacement, rehabilitation, renovation, upgrading, repair, or capital equipping.

(5) "Grantee" means a business entity, individual, nonprofit organization, or political subdivision.

(6) "Secretary" means the Secretary of Planning.

(b) Program established; purpose. --

(1) There is an African American Heritage Preservation Program in the Trust.

(2) The purpose of the African American Heritage Preservation Program is to identify and preserve buildings, communities, and sites of historical and cultural importance to the African American experience in Maryland.

(c) Administration. -- The Trust shall develop and administer the African American Heritage Preservation Program in partnership with the Commission.

(d) Application for grants. --

(1) On or before July 15 of each year, a grantee may submit an application to the joint partnership of the Trust and Commission to receive a grant for an African American heritage preservation capital project for the next fiscal year.

(2) An application shall include:

(i) a description of the scope and purpose of the project;

(ii) a building plan that includes the estimated total cost of the project; and

(iii) any other information required by the Trust and Commission.

(e) Grant funding. -- Grants under the Program to a business entity, individual, or political subdivision:

(1) require a matching fund from any combination of federal, county, municipal, or private sources; and

(2) may not exceed 50% of the total cost of an African American heritage preservation capital project.

(f) Review of applications; recommendations. --

(1) The Trust and Commission shall review grant applications submitted in accordance with subsection (d) of this section and shall make recommendations for African American heritage preservation capital project grants for the next fiscal year.

(2) In making recommendations under this subsection, the Trust and Commission shall consider:

(i) the public necessity and urgency of a project;

(ii) the need for additional sources of funding for a project;

(iii) the estimated cost and timeliness of executing a project;

(iv) the viability of matching funds for a project; and

(v) geographic diversity.

(3) On or before November 1 of each year, the Trust and Commission shall:

(i) recommend African American heritage preservation capital projects for funding in the State capital budget for the next fiscal year; and

(ii) forward the list of recommended projects and grantees to the Department of Budget and Management.

(g) Funding in capital budget. -- For fiscal year 2012 and each fiscal year thereafter, the Governor shall include in the annual capital budget submission $ 1,000,000 for African American heritage preservation capital projects.

(h) Annual reports. -- On or before October 1 of each year, the Trust and Commission shall report to the Governor and, in accordance with § 2-1246 of the State Government Article, the General Assembly, on State grants awarded for African American heritage preservation capital projects for the prior fiscal year.

(i) Requirements of grantees. --

(1) Except as provided in paragraph (3) of this subsection, the Trust shall require a grantee under the African American Heritage Preservation Program to enter into an agreement to preserve and maintain the property.

(2) If the property is historic real property, the agreement shall be a recordable historic preservation easement.

(3) The Secretary may waive the easement requirement if the Secretary determines that an easement is impracticable or infeasible under the circumstances.

(j) Regulations. --

(1) Subject to paragraph (2) of this subsection, the Secretary, in consultation with the Commission, shall adopt regulations to implement the African American Heritage Preservation Program.

(2) A proposed regulation that relates to approval by the Board of Public Works of grants to be financed through the sale of State general obligation bonds may not be adopted under paragraph (1) of this subsection unless the regulation is approved by the Board of Public Works.

(k) Financing by State bonds. -- To the extent required by regulations adopted under subsection (j) of this section, the Trust and the Commission shall submit to the Board of Public Works for the Board's approval each recommended African American Heritage Preservation Program grant that is to be financed through the sale of State general obligation bonds.

§ 5A-330 - African American Heritage Preservation Program. (Abrogation of section effective May 31, 2015.)

Abrogated.