| Advisory opinion request regarding transactions members of Louisiana's National Register Review Committee may enter into related to programs administered by the Division of Historic Preservation. |
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An advisory opinion request was made by the Deputy State Historic Preservation Officer regarding transactions members of Louisiana's National Register Review Committee (Committee) may enter into related to programs administered by the Division of Historic Preservation (DHP).
The National Register of Historic Places is the nation's list of properties that are deemed worthy of preservation. The National Register program is administered at both the state and federal level by the DHP and the National Park Service (NPS), respectively. At the state level, members of the Committee serve voluntarily and are appointed by the State Historic Preservation Officer (SHPO), subject to confirmation by the Senate, to review and recommend to the SHPO nominations to the National Register. Applicants or consultants on behalf of applicants, submit a National Register nomination to DHP, which reviews and places the nomination on the Committee's agenda for review and recommendation. NPS reviews the nomination and makes the final decision as to whether the property is listed or denied as a property on the National Register.
A listing on the National Register is an honorary designation that enables a building's owner to apply for Federal Rehabilitation Tax Credits. The Federal Rehabilitation Tax Credit is a 20% income tax credit for the rehabilitation of historic, income-producing buildings that are listed on the National Register. The program is administered at the state level by DHP and at the federal level by the NPS and Internal Revenue Service. DHP also administers the State Commercial Tax Credit Program with the Department of Revenue. However, listing on the National Register is not an eligibility requirement for this state tax credit.
DHP administers several grant programs, including the National Park Service Survey and Planning Grants, Certified Local Government Grants (CLG), and Main Street Redevelopment Incentive Grants (RIG). The Survey and Planning Grants are funded with federal money allocated to the DHP through the Historic Preservation Fund, while the RIG program is funded with state money. Listing on the National Register is only an eligibility requirement for physical restoration projects funded through the Survey and Planning Grants program. Listing on the National Register is not an eligibility requirement for becoming a CLG or for qualifying for CLG grants. RIG grants are available for the redevelopment of historic downtown buildings that are located within the designated Main Street District boundaries that are at least 50 years old or of major contributing significance to the Main Street District. Therefore, a building's National Register status may be a factor in eligibility for RIG grants.
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La. R.S. 42:1111E prohibits a public servant and a legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which he has a substantial economic interest from receiving or agreeing to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
La. R.S. 42:1113B prohibits an appointed member of a board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest from bidding on, entering into, or being in any way interested in a contract, subcontract or transaction under the supervision or jurisdiction of the public servant's agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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