justicedao/ipfs_state_laws huggingface dataset:
736-054-0030 Award of Grants (1) The Commission will review the recommendations of the Historic Cemetery Grants review committee and make its recommendations to the OPRD director. The Commission shall act by motion and vote at a public meeting. (2) Awards will be subject to binding grant agreements between the OPRD and the grant recipients. The grant agreement will specify the terms and conditions of the grant award, generally including: (a) The total project costs, the match or share to be provided by the grant recipient if any, and the amount of the grant; (b) A statement of the work to be accomplished; (c) Products to be delivered; and (d) When the grant-assisted project may begin and a schedule for accomplishing work, reporting on progress, delivering products, and project completion. (3) Generally, grants will be awarded at the beginning of the biennium. Statutory/Other Authority: ORS 390.124 & 390.131 Statutes/Other Implemented: ORS 97.780 History: PRD 2-2005, f. & cert. ef. 3-23-05
736-054-0040 Permits to Restore, Maintain and Preserve an Abandoned Cemetery Purpose This division establishes the procedures, criteria and requirements that the Oregon Parks and Recreation Department (OPRD) will use in issuing a permit to restore, maintain, and preserve an abandoned cemetery. Statutory/Other Authority: ORS 226.640(6) Statutes/Other Implemented: ORS 226.640 History: PRD 7-2018, adopt filed 04/20/2018, effective 04/20/2018
736-054-0050 Definitions As used in this division, unless the context requires otherwise, the following definitions apply: (1) “Abandoned cemetery” means an abandoned cemetery as defined in ORS 226.520(1). (2) “Coordinator” means the Department staff person that serves as executive secretary to the Oregon Commission on Historic Cemeteries pursuant to ORS 97.784. (3) “Department” means the Oregon Parks and Recreation Department as defined in ORS 390.005(2). (4) “Entity” means an organization or one or more individuals applying for or receiving a permit under this division. (5) “Maintain” means to regularly manage vegetative growth, clean up debris, and make repairs . (6) “Permit application” means the Department form and its format as developed by OPRD that an entity uses to apply for a permit. (7) “Permit” means the formal document from the Department to an entity that authorizes and describes the terms and conditions under which that entity may restore, maintain, and preserve an abandoned cemetery as provided in ORS 226.640(2). (8) “Permittee” means the entity to which the department issues a permit. (9) “Preserve” means to apply measures necessary to sustain the existing form, integrity, and materials of the cemetery. (10) “Restore” means to rebuild, reconstruct, or replace damaged elements with consideration of the historic character of the cemetery and the individual elements. Statutory/Other Authority: ORS 226.640(6) Statutes/Other Implemented: ORS 260.640 History: PRD 7-2018, adopt filed 04/20/2018, effective 04/20/2018
736-054-0060 Eligibility (1) Qualified applicants. Any entity may apply for a permit for purpose of restoring, maintaining and preserving a specific abandoned cemetery. (2) Abandoned Cemetery. The permit application must be for a cemetery that is an abandoned cemetery as defined in ORS 226.520. Statutory/Other Authority: ORS 226.640(6) Statutes/Other Implemented: ORS 226.640 History: PRD 7-2018, adopt filed 04/20/2018, effective 04/20/2018
736-054-0070 Permit Application and Issuance Process (1) The Coordinator administers the application and permit process for the Department. The Department will: (a) Provide an application form. (b) Make available instructions to complete and submit the application and required documentation. (c) Determine whether an application form is complete and provides the required documentation. (d) Determine whether the application establishes that the cemetery is an abandoned cemetery. (2) The Coordinator will process a complete application within 30 days. Statutory/Other Authority: ORS 226.640(6) Statutes/Other Implemented: ORS 226.640 History: PRD 7-2018, adopt filed 04/20/2018, effective 04/20/2018
736-054-0080 Application (1) The entity must submit a complete application and required supporting materials to the Coordinator, as indicated on the application instructions. At a minimum, the entity must: (a) Name an appointed contact person. (b) Provide evidence establishing that that cemetery is abandoned. The Department will describe all required documentation in the application instructions, which will include, but is not limited to: (A) Copies of county land ownership records; (B) Tracking of efforts to contact owner(s) of record, if there is one; (C) Tracking of efforts to find descendants of deceased owner(s) of record, if there is one. (D) Title tracking is an optional form of documentation. (c) Provide documentation supporting the eligibility of the entity. The department will describe all required documentation in the application instructions, which will include, but is not limited to: (A) Description of knowledge landscape care, lawn maintenance, etc.; (B) Description of vegetation treatment methods to be used, including proposed tools; (C) Description of monument cleaning methods to be used; and (D) Description of preservation treatments and methods to be used. (d) Indicate which one or more of the following activities allowed under ORS 226.640(2) that it is applying for: (A) Restore the grounds of the cemetery; (B) Maintain the grounds of the cemetery; (C) Preserve the grounds of the cemetery; (D) Take custody of documents related to the cemetery; and (E) Establish a fund to collect donations for the restoration, maintenance, and preservation of the abandoned cemetery. (2) At any time before the Department issues a permit, an entity may withdraw its application by providing notice to the Coordinator. Statutory/Other Authority: ORS 226.640(6) Statutes/Other Implemented: ORS 226.640 History: PRD 7-2018, adopt filed 04/20/2018, effective 04/20/2018
736-054-0090 Permit Requirements and Authorizations (1) Any permit issued by the Department under this division is subject to the following restrictions. In addition, the Department may include other restrictions that it determines necessary for compliance with applicable laws and regulations, including ORS 226.640. (a) The permittee may not transfer the permit to another entity. (b) The permit is valid for one year. A permittee may request to renew a permit by following renewal instructions and using forms provided by the Department. The renewal request will require a report and photos of the work completed the previous year. (c) Work performed under the permit shall be done in compliance with standards and procedural guidelines for restoration and preservation of historic cemeteries provided by the Department. (d) Work performed under the permit shall follow statutes and rules governing cemeteries. (e) The permittee must obtain prior approval from the Coordinator for restoration and preservation work performed under the permit that includes major restoration, construction, tree removal, or other significant work. (f) The permittee must follow all state and local planning and other laws. (g) The permittee shall train and supervise volunteers, or arrange for their training. Workshops and informational materials are available through the Department. (h) The permit does not convey land ownership. (i) The permit does not authorize the permittee to: (A) Sell burial plots, or (B) Inter remains in the cemetery. (j) The permittee must allow access to the historic cemetery according to ORS 376.197 [SS1] . (2) Any permit issued by the Department under this division may authorize the following activities: (a) The permittee may complete general landscape care and clean, level and repair monuments. (b) The permittee may take custody of cemetery records, for use in restoration, maintenance and preservation of the cemetery, while a permit holder. (c) Establish a fund to collect donations for the restoration, maintenance and preservation of the cemetery. If the permittee establishes a fund authorized by ORS 226.640(2)(c), the fund must be used only for such purposes, and: (A) The fund shall be established in an FDIC insured financial institution. (B) The permittee must maintain records of donation collections and fund use for the life of the permit. Statutory/Other Authority: ORS 226.640(6) Statutes/Other Implemented: ORS 226.640 History: PRD 7-2018, adopt filed 04/20/2018, effective 04/20/2018
736-054-0100 Permit Issuance (1) The Department may issue a permit based on a determination that the application has established the following: (a) The entity is eligible; (b) Sufficient evidence that the cemetery is abandoned; and (c) Demonstrated intent to restore, maintain, or preserve the cemetery. (2) The Coordinator will inform either the county or municipal corporation regarding a permit issued under this division for an abandoned cemetery located within its boundaries. (3) The Coordinator will notify the permittee and provide a copy of the permit. Statutory/Other Authority: ORS 226.640(6) Statutes/Other Implemented: ORS 226.640 History: PRD 7-2018, adopt filed 04/20/2018, effective 04/20/2018
736-054-0110 Permit Revocation (1) The Department may revoke a permit for reasons including, but not limited to: (a) The entity no longer meets eligibility requirements. (b) The entity does not submit annual renewal application within 60 days of notification. I n this case, the Department may assume that the entity is dissolved or is no longer interested in holding a permit. (c) The entity has dissolved or ceased to exist. (d) The cemetery land ownership is established. (e) The entity causes damage to the cemetery. (f) The entity in any way operates outside of the requirements and authorization of the permit or this division. (g) The entity uses the fund of collected donations for purposes other than restoration, maintenance and preservation. (2) A committee established by the Department that includes, but is not limited to [SS2] the Coordinator and the Oregon Commission on Historic Cemeteries will determine permit revocation in the case of subsections (1)(e), (f) and (g). Statutory/Other Authority: ORS 226.640(6) Statutes/Other Implemented: ORS 226.640 History: PRD 7-2018, adopt filed 04/20/2018, effective 04/20/2018
736-055-0005 Grant Application and Award Procedure (1) Acquisition and Development Projects: (a) The State Historic Preservation Office will accept written requests for federal grant assistance for acquisition or development purposes from the owners (or prospective owners for acquisition projects) of properties which are listed in the National Register of Historic Places, or which are in the process of nomination to the National Register. Written guidelines for preparing requests for acquisition or development grant funds are available from the office on request. The office will keep requests for grant assistance on file for at least one year from the date of receipt. (b) Grant awards will be made only to owners of properties that are actually listed in the National Register. If proponents other than owners of record (except for acquisition projects) wish to request federal grant assistance, the office must be provided with a letter from the owner of record authorizing the proponent to request grant money as the owner’s representative. The letter must also stipulate who may actually receive this money. (c) When selections for project funding have been made, the office will make a written offer of grant to the property owner or owner’s representative. A grant offer may be for all or part of the amount requested in the letter of request. To insure that grant funds are spent in timely fashion, the grant offer may stipulate dates by which certain information identified in the grant offer must be submitted to the office. If these deadlines are not met, grant offers may be cancelled by the office without notice. Proponents should remember that a grant offer is not the award of a grant. (d) When the office has received the necessary information from the project proponent, the office will make a formal grant application to the federal government in accord with federal regulations and procedures current at the time. If approved by the federal government, the office will then notify the proponent that a grant award has been made. Proponents should remember that the state government selects projects for grant applications, but the federal government makes decisions to grant or deny funds. (2) Survey and Planning Projects: The State Historic Preservation Office will accept written requests for Survey and Planning funds from state agencies, local governments, public and private institutions, and private individuals. Written guidelines to preparing requests for survey funds are available from the office upon request. The procedure and guidelines for applying for planning funds is the same as that for Acquisition and Development projects explained above. The award procedure for Survey and Planning funds is also the same, except that unlike Acquisition and Development grants, the award of Survey and Planning grants is made by the state government. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 358.612 & 358.617 History: PR 3-1981, f. & ef. 2-26-81
736-055-0015 Advisory Committee Review and Public Comment At least once a year, staff will inform the State Advisory Committee on Historic Preservation of projects that have been selected for grant funding at a regular meeting of the Committee. The Committee may review this information and comment or make policy recommendations. Staff will make the date of this review known to the press and to anyone who has asked to be informed of it. Government agencies or the public may comment on allocation policy at this or any other regular meeting of the committee. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 358.622 History: PR 3-1981, f. & ef. 2-26-81
736-056-0000 Purpose The purpose of this division is to establish the procedures and criteria the Oregon Parks and Recreation Department will use to coordinate Oregon Main Street and to award Oregon Main Street Revitalization Grant Funds. (1) The Department will use this division when coordinating Oregon Main Street, the statewide downtown and commercial neighborhood improvement program implementing the Main Street Approach™ trademarked and managed by Main Street America. This division: (a) Provides the parameters for organizations to participate in the Oregon Main Street Network, and (b) Outlines how the Department will provide resources to participating organizations. (2) The Department will use procedures and criteria in this division when awarding Oregon Main Street Revitalization Grant Funds as provided in ORS 390.262 and 390.264. Oregon Main Street Revitalization Grant Program Fund grant awards are to be used for the following purposes: (a) To acquire, rehabilitate and construct buildings on properties in designated downtown areas statewide; and (b) To facilitate community revitalization that will lead to private investment, job creation or retention, establishing or expanding viable business or creating a stronger tax base. Statutory/Other Authority: ORS 390.124(1) & 390.262(9) Statutes/Other Implemented: ORS 390.262 & 390.264 History: PRD 6-2024, amend filed 09/23/2024, effective 09/23/2024 PRD 5-2016, f. & cert. ef. 9-21-16
736-056-0010 Definitions The definitions provided in ORS 390.005 and 390.262 apply to this division unless the context requires otherwise. In addition, the following definitions apply: (1) “Department” means the Oregon Parks and Recreation Department (OPRD) as provided in ORS 390.005(2). (2) “Designated downtown area” means the defined primary focus area for the local downtown or neighborhood revitalization effort submitted by the local Oregon Main Street Network member to and approved by Oregon Main Street. (3) “Designated Local Communities” means the city, town, or urban neighborhood district that has a group, organization, or local government entity that has submitted an application and has been approved by Oregon Main Street to participate in the Oregon Main Street Network. (4) “Grant” means an award from the Oregon Main Street Revitalization Grant Program. (5) “Grantee” means the grant recipient who is legally capable of executing and which has executed a grant agreement for project awarded an Oregon Main Street Revitalization Grant. (6) “Grant Review Committee” means the committee that reviews grant applications and makes funding recommendations to the Department. (7) “Oregon Main Street” means the statewide downtown and commercial neighborhood improvement program implementing the Main Street Approach™ trademarked and managed by Main Street America. (8) “Oregon Main Street Network” means the entity administered by the State Historic Preservation Officer designated under ORS 358.565 to provide assistance, training and technical services to communities in Oregon desiring to strengthen, preserve, and revitalize their historic downtown commercial districts as defined in ORS 390.262(1)(b). (9) “Main Street Track” means the organizations that are participating in the Affiliated Main Street, Designated Main Street, and Accredited Main Street tiers, and Rural Regional Main Street hub. (10) “Rural Regional Main Street” means regional tier that serves multiple communities under a designated hub organization and the communities participating under the designated hub. (11) “Rural Regional Main Street Hub” means the organization that serves as the coordinating body bringing together rural community members from neighboring towns. (12) “OMS Coordinator” means the Department’s staff person responsible for administering Oregon Main Street and overseeing the coordination of services for the Oregon Main Street Network. (13) “Project completion” means satisfaction of all requirements of a grant agreement as determined after review or inspection by OPRD. (14) “Rural area” means an area located entirely outside the acknowledged Portland Metropolitan Area Regional Urban Growth Boundary and the acknowledged urban growth boundaries of cities with population of 30,000 or more as defined in ORS 390.262(1)(c). (15) “Surrounding community” is the city, town, or urban neighborhood district where the proposed project in the designated downtown area is located. Statutory/Other Authority: ORS 390.124(1) & 390.262(9) Statutes/Other Implemented: ORS 390.262 & 390.264 History: PRD 6-2024, amend filed 09/23/2024, effective 09/23/2024 PRD 5-2016, f. & cert. ef. 9-21-16
736-056-0012 Oregon Main Street Role as statewide Main Street Coordinating Program (1) The Department holds an agreement with Main Street America to be the official statewide coordinating program. (2) The Department meets the requirements of Main Street America as the official statewide coordinating program. Statutory/Other Authority: ORS 390.124(1) & 390.262(9) Statutes/Other Implemented: ORS 390.262 & 390.264 History: PRD 6-2024, adopt filed 09/23/2024, effective 09/23/2024
736-056-0016 Oregon Main Street Network Services The department will provide services to organizations maintaining participation requirements in the Oregon Main Street Network based on tier level, such as: (1) Workshops and training opportunities like the Oregon Main Street Conference, on demand webinars, virtual workshops; (2) Online resources such as guides and sample documents; (3) Virtual and in-person networking opportunities; (4) Orientation for new executive directors and board members; (5) Technical assistance; (6) Board strategic planning assistance; (7) Program evaluation and advice; and (8) Other services identified by the department. Statutory/Other Authority: ORS 390.124(1) & 390.262(9) Statutes/Other Implemented: ORS 390.262 & 390.264 History: PRD 6-2024, adopt filed 09/23/2024, effective 09/23/2024
736-056-0018 Oregon Main Street Data Collection (1) The department will collect data from participating Oregon Main Street Network organizations to track the value and impact of the program locally and statewide. Data from Accredited, Designated, and Affiliated Main Street tier organizations will be collected quarterly and include the following activity within the organization’s primary focus area. (a) Business and job related data. (b) Physical and infrastructure related data including new construction, improvements and losses. (c) Volunteer participation. (d) Updated organization contact information, and (e) Other data needed to enhance and track the benefits of Oregon Main Street. (2) The department will collect data from Connected Communities tier organizations annually and include updated contact information, any qualifying workshops or trainings attended, and a brief description of any downtown activity for the year. (3) Oregon Main Street will publish an annual report on the departments website. Statutory/Other Authority: ORS 390.124(1) & 390.262(9) Statutes/Other Implemented: ORS 390.262 & 390.264 History: PRD 6-2024, adopt filed 09/23/2024, effective 09/23/2024
736-056-0020 Oregon Main Street Revitalization Grant Eligible Applicants In order to be eligible for a Main Street Revitalization Grant, applicants must: (1) Be a designated organization that participates at any level in the Oregon Main Street Network; (2) Demonstrate past or prospective capacity to work with stakeholders such as local officials, business owners, building owners, and other partners in designated local communities or designated downtown areas; and (3) Have the ability to receive and expend the grant funds and manage all fiscal responsibilities. Statutory/Other Authority: ORS 390.124(1) & 390.262(9) Statutes/Other Implemented: ORS 390.262 & 390.264 History: PRD 6-2024, amend filed 09/23/2024, effective 09/23/2024 PRD 5-2016, f. & cert. ef. 9-21-16
736-056-0030 Oregon Main Street Revitalization Grant Application Procedure/Process (1) The department shall announce through a variety of media the availability of, procedures for, deadlines, and other information for applying for Oregon Main Street Revitalization Grants. (2) To apply for Oregon Main Street Revitalization Grants, applicants must submit their applications in a format prescribed by the department by the specified deadline. (3) Applications must demonstrate the following: (a) The applicant is an eligible applicant as provided in OAR 736-056-0020. (b) The proposed project is within a designated downtown area. (c) The applicant is capable of carrying out the proposed project. (d) The proposed project would facilitate community revitalization. (e) The community need for revitalization and economic development: (A) Community is in a traditionally underserved area, rural area, or has significant financial barriers to improve downtown areas. (B) Economic factors may include percentage of renters and wage and income rates in the proposed project location and surrounding community. (f) The proposed project would be consistent with the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties. (g) There are sources of additional funding sufficient to complete the project. (h) Evidence that the property owner understands and agrees with the proposed project. (4) The department will request that applicants include measures to demonstrate the effectiveness of the Oregon Main Street Revitalization Grant. These may include business creation or expansion, job creation or retention, vacancy rates, business mix, housing, or creation of a stronger tax base. Statutory/Other Authority: ORS 390.124(1) & 390.262(9) Statutes/Other Implemented: ORS 390.262 & 390.264 History: PRD 6-2024, amend filed 09/23/2024, effective 09/23/2024 PRD 5-2016, f. & cert. ef. 9-21-16