justicedao/ipfs_state_laws huggingface dataset:
736-052-0040 Applicability (1) This division applies to all state agency requests for the department’s approval of the transferring, selling, demolishing, substantially altering or otherwise disposing of historic artifact(s) pending before the department or submitted after the effective date of this rule. (2) This division does not apply to the temporary transfer or loan of state-owned historic artifacts. (3) Nothing in this division either authorizes or invalidates a state agency action that transferred, sold, demolished, substantially altered or otherwise disposed of any historic artifacts prior to the effective date of this rule. Statutory/Other Authority: ORS 358.640(4) Statutes/Other Implemented: ORS 358.640(3) & 358.647 History: PRD 4-2003, f. & cert. ef. 5-16-03
736-053-0100 Purpose The purpose of OAR 736-053-0100 to 736-053-0140 is to establish the procedures and criteria that the Oregon Heritage Commission, with the advice of the Oregon Historical Society and the Oregon Museums Association, will use when awarding Museum Grant Funds as provided in ORS 358.583. Statutory/Other Authority: ORS 390.124 & 358.585 Statutes/Other Implemented: ORS 358.583 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 2-2006, f. & cert. ef. 2-27-06 PRD 3-1998, f. 2-11-98, cert. ef. 2-17-98
736-053-0105 Definitions As used in OAR 736-053-0100 to 736-053-0140, unless the context requires otherwise: (1) "Commission" means the Oregon Heritage Commission. (2) “Department” means the Oregon Parks and Recreation Department.(3) "Museum" means a public institution or private nonprofit Oregon corporation primarily devoted to the acquisition and public exhibition of specimens, artifacts, articles, documents and other items that relate to history, anthropology, archaeology, science, heritage, or art and that have historical significance. (4) "Grant" means an award from the Oregon Museum Grant Program. (5) "Museum Grant Review Committee" means the committee that reviews grant applications and makes funding recommendations to the commission. (6) "Heritage" means the array of significant things, thoughts, and activities associated with past human experience in Oregon. (7) "Heritage collections" includes artifacts and other manifestations of material culture, documents, publications, photographs and film, heritage recordings, music and songs gathered for study, comparison or exhibition, and their management. (8) "Heritage-related tourism" means the practice of traveling for leisure to learn, enjoy or appreciate heritage. (9) "Heritage aspects of education and interpretation" means the action or process of educating or of being educated about heritage. (10) "Grantee" means an eligible applicant museum legally capable of executing and which has executed a grant agreement for project awarded a Museum Grant. Statutory/Other Authority: ORS 390.124 & 358.585 Statutes/Other Implemented: ORS 358.583 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 2-2006, f. & cert. ef. 2-27-06 PRD 3-1998, f. 2-11-98, cert. ef. 2-17-98
736-053-0110 Eligible Applicants In order to be eligible for a grant, museums must meet the following requirements: (1) Be in operation for a period of at least two years; (2) Provide museum services open to the public at least 120 hours per year at designated and reasonable hours and places; (3) Have a responsible, competent attendant on duty when museum services are provided to the public; (4) Be organized as a public or private non-profit institution that exists on a permanent basis for primarily educational or aesthetic purposes; (5) Care for tangible objects that the museum owns or uses; and (6) Exhibit tangible objects to the public on a regular basis through facilities the museum owns or operates. Statutory/Other Authority: ORS 390.124 & 358.585 Statutes/Other Implemented: ORS 358.583 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 2-2006, f. & cert. ef. 2-27-06 PRD 3-1998, f. 2-11-98, cert. ef. 2-17-98
736-053-0115 Application Procedure (1) The Commission shall announce the availability of procedures, and deadlines for applying for Oregon Museum Grants, for at least two weeks prior to the application deadline. (2) To apply for Oregon Museum Grants, museums must submit their applications by the specified deadline. In addition, applications must meet the format prescribed by the Commission and demonstrate the following: (a) The museum is eligible for a grant; (b) The proposed project qualifies for a grant; (c) The museum is capable of carrying out the proposed project; and (d) The proposed project is related to the collection and management of heritage collections, or for heritage-related tourism, or to assist in projects related to the heritage aspects of education and interpretation. Statutory/Other Authority: ORS 390.124 & 358.585 Statutes/Other Implemented: ORS 358.583 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 2-2006, f. & cert. ef. 2-27-06 PRD 3-1998, f. 2-11-98, cert. ef. 2-17-98
736-053-0120 Evaluation of Applications (1) Eligible applications received by announced deadlines shall be evaluated by the department’s Museum Grant Review Committee. (2) The Museum Grant Review Committee shall rank applications in order of priority based on an evaluation of: (a) The museum's capability of carrying out the proposed project; (b) The anticipated results of the proposed project in the collection and management of heritage collections, the promotion of heritage-related tourism, or the provision of education and other interpretations related to heritage; and (c) The commitment of other significant monetary or in-kind support to the goals of the project, or both. Statutory/Other Authority: ORS 390.124 & 358.585 Statutes/Other Implemented: ORS 358.583 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 2-2006, f. & cert. ef. 2-27-06 PRD 3-1998, f. 2-11-98, cert. ef. 2-17-98
736-053-0125 Award of Grants (1) The Commission shall, at a public meeting, consider and approve or disapprove, in part or in full, the recommendations of the Museum Grant Review Committee. The department shall then award grants based on the Commission’s decision. (2) All awards must be the subject of binding grant agreements between the department and grantees. (3) Grant agreements must specify total project costs, participant's share, department share, work to be accomplished, products to be delivered, and deadlines for accomplishing work and delivering products. Statutory/Other Authority: ORS 390.124 & 358.585 Statutes/Other Implemented: ORS 358.583 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 2-2006, f. & cert. ef. 2-27-06 PRD 3-1998, f. 2-11-98, cert. ef. 2-17-98
736-053-0130 Museum Grant Review Committee (1) Department staff appoints the Museum Grant Review Committee, which must be composed of Commission representatives and museum or heritage professionals. (a) The committee must have a minimum of five members, and include individuals with professional knowledge related to the type of projects submitted, and individuals with a direct understanding of small museum operations. (b) The department may consult with appropriate organizations including the Oregon Historical Society and Oregon Museums Association for committee member recommendations. (2) The Museum Grant Review Committee shall follow current statutory conflict-of-interest provisions. Statutory/Other Authority: ORS 390.124 & 358.585 Statutes/Other Implemented: ORS 358.583 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 2-2006, f. & cert. ef. 2-27-06 PRD 3-1998, f. 2-11-98, cert. ef. 2-17-98
736-053-0135 Disbursement of Grant Funds The department will distribute grant funds to participants on a reimbursable basis after submission of billings on approved schedules specified in grant agreements. Participants will supply information substantiating billings if requested by the Commission. Grant funds may be disbursed in advance if participants can demonstrate a compelling need. Statutory/Other Authority: ORS 390.124 & 358.585 Statutes/Other Implemented: ORS 358.5830 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 2-2006, f. & cert. ef. 2-27-06
736-053-0140 Recovery of Grant Funds (1) Participant museums who fail to complete approved projects to the Commission's satisfaction shall return all unexpended grant funds. (2) Participant museums must maintain records adequate for audit purposes for a period of not less than five years after project completion and shall reimburse the commission for any costs disqualified through audit findings. Statutory/Other Authority: ORS 390.124 & 358.585 Statutes/Other Implemented: ORS 358.5830 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 2-2006, f. & cert. ef. 2-27-06
736-053-0200 Purpose The purpose of OAR 736-053-0200 to 736-053-0235 is to establish the procedures and criteria that the Oregon Heritage Commission will use when awarding Oregon Heritage Grants as provided in ORS 358.590(3) Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.590 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2000, f. & cert. ef. 4-5-00
736-053-0205 Definitions As used in OAR 736-053-0200 to 736-053-0235, the following terms shall have the following meanings: (1) "Commission" means the Oregon Heritage Commission. (2) “Department” means the Oregon Parks and Recreation Department. (3) "Grant" means an award from the Oregon Heritage Grant Program. (4) "Heritage" means the array of significant things, thoughts, and activities associated with past human experience in Oregon. (5) "Heritage Resources" means artifacts and other manifestations of material culture, documents, publications, photographs and film, prehistoric and historic sites, historic buildings and other structures, cultural landscapes, heritage celebrations, heritage festivals and fairs, and heritage recordings, music, and songs. (6) "Heritage Conservation" means activities that preserve or enhance heritage resources. (7) "Heritage Development" means activities that fulfill the potential of heritage resources to educate Oregonians and their visitors and enrich their lives. (8) "Grantee" means an eligible applicant legally capable of executing and which has executed a grant agreement for project awarded an Oregon Heritage Grant. (9) "Eligible Project Costs" means approved costs incurred after execution of a grant agreement. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.590 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2000, f. & cert. ef. 4-5-00
736-053-0210 Eligible Applicants: (1) In order to be eligible for an Oregon Heritage Grant, applicants must be one of the following: (a) A non-profit organization incorporated in the State of Oregon with a 501(c)(3) determination from the United States Internal Revenue Service and a legally-constituted board of trustees or directors; (b) A tribal government of a Native American group recognized by the State of Oregon and the federal government and located in the State or Oregon; (c) A university or college located in the State of Oregon; or (d) A local government within the State of Oregon. (2) The following are not eligible to apply for Oregon Heritage Grants: (a) Individuals; (b) Religious organizations; (c) For-profit organizations such as partnerships, companies, and corporations; (d) State agencies, except for state supported colleges and universities; (e) School districts; and (f) Federal agencies. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.590 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2000, f. & cert. ef. 4-5-00
736-053-0215 Application Procedure (1) The Commission shall announce the availability of, procedures to apply for, and deadlines for applying for Oregon Heritage Grants, for at least two weeks prior to the application deadline. (2) To apply for Oregon Heritage Grants, applicants must submit their applications by the specified deadline. In addition, applications must meet the format prescribed by the Commission and demonstrate the following: (a) The applicant is eligible to apply for an Oregon Heritage Grant; (b) The proposed project qualifies for an Oregon Heritage Grant; (c) The applicant is capable of carrying out the proposed project; and (d) The proposed project to conserves or develops heritage resources. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.590 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2000, f. & cert. ef. 4-5-00
736-053-0220 Evaluation of Applications (1) Eligible applications received by announced deadlines shall be evaluated by an Oregon Heritage Grants Review Committee appointed by department staff and approved by the Commission Chair. (2) The Oregon Heritage Grants Review Committee shall rank applications in order of priority based on an evaluation of: (a) The applicant's capability of carrying out the proposed project; and (b) How the proposed project will result in the conservation or development of heritage resources. Priority will be given to projects that preserve or develop heritage resources that are threatened, are of statewide significance, or both. (3) The Oregon Heritage Grants Review Committee shall follow current statutory conflict-of-interest provisions. (4) The Commission will, at public meetings, consider and disapprove, approve in part, or approve in full the recommendations of the Oregon Heritage Grant Review Committee. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.590 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2000, f. & cert. ef. 4-5-00
736-053-0225 Award of Grants (1) When Oregon Heritage Grant Program funds are appropriated by the Legislative Assembly, the Commission shall award these funds based on priorities recommended by the Oregon Heritage Grants Review Committee. (2) Grants will be made for no more than fifty percent of total project costs. Up to fifty percent of a grantee’s share of project costs may consist of department-approved donated services and materials. (3) All awards shall be the subject of binding grant agreements between the department and participants. (4) Grant agreements shall specify total project costs, participants' share, department share, work to be accomplished, products to be delivered, and deadlines for accomplishing work and delivering products. (5) Indirect costs (grant processing, but not directly associated with the project) are limited to six percent of the awarded grant funds. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.590 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2000, f. & cert. ef. 4-5-00
736-053-0230 Disbursement of Grant Funds All Grant funds will be disbursed to participants on a reimbursable basis after submission of billings on approved schedules specified in grant agreements. Participants must supply information substantiating billings when requested by the Commission. Grant funds may be disbursed in advance if participants can demonstrate a compelling need. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.590 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2000, f. & cert. ef. 4-5-00
736-053-0235 Recovery of Grant Funds (1) Participants who fail to complete approved projects to the Commission's satisfaction must return all unexpended Grant funds. (2) Participants shall maintain records adequate for audit purposes for a period of not less than five years after project completion and must reimburse the Commission for any costs disqualified through audit findings. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.590 History: PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2000, f. & cert. ef. 4-5-00
736-053-0300 Purpose The purpose of OAR 736-053-0300 to 736-053-0325 is to adopt regulations establishing procedures that the Oregon Heritage Commission shall use when coordinating statewide anniversary commemorations. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.595(2f) History: PRD 5-2019, amend filed 11/25/2019, effective 11/25/2019 PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2001, f. & cert. ef. 2-23-01
736-053-0305 Definitions As used in OAR 736-053-0300 to 736-053-0325, the following terms shall have the following meanings: (1) "Commission" means the Oregon Heritage Commission. (2) "Statewide anniversary commemorations" means celebrations and other commemorations of anniversaries of events of statewide significance to Oregon's heritage. (3) "Oregon's heritage" means the array of significant things, thoughts, and activities associated with the human experience in Oregon. (4) "Coordinate" means serving as a source of information on resources, a source of technical assistance, a source of financial assistance when funds have been appropriated for that purpose by the Legislative Assembly, and as a clearinghouse for information and activities for designated commemorations. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.595(2f) History: PRD 5-2019, amend filed 11/25/2019, effective 11/25/2019 PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2001, f. & cert. ef. 2-23-01
736-053-0315 Qualification as a Statewide Anniversary Commemoration An event or episode may qualify for designation as a statewide anniversary commemoration if its impacts are proven to have significance in Oregon beyond the actual event or episode being celebrated or commemorated. Upon demonstration of significance, the Commission may designate the event or episode a statewide anniversary commemoration. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.595(2f) History: PRD 5-2019, amend filed 11/25/2019, effective 11/25/2019 PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2001, f. & cert. ef. 2-23-01
736-053-0320 Application Procedure To apply for an event to be designated a statewide anniversary commemoration, an application must be submitted by the specified deadline. Applications must meet the format and criteria prescribed by the Commission. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.595 (2)(f) History: PRD 5-2019, adopt filed 11/25/2019, effective 11/25/2019
736-053-0325 Commission Coordination of Statewide Anniversary Commemorations Commission coordination of statewide anniversary commemorations designated under OAR 736-053-0315, may include providing communication, technical and financial assistance to government and non-profit organizations that implement the commemorations. Statutory/Other Authority: ORS 358.585 Statutes/Other Implemented: ORS 358.595(2f) History: PRD 5-2019, amend filed 11/25/2019, effective 11/25/2019 PRD 3-2013, f. & cert. ef. 7-19-13 PRD 3-2001, f. & cert. ef. 2-23-01
736-054-0000 Purpose The purpose of this division is to establish the procedures and criteria that the Oregon Commission on Historic Cemeteries will use in recommending Historic Cemetery Grants pursuant to ORS 97.780(3). Statutory/Other Authority: ORS 390.124(1) & 390.131 Statutes/Other Implemented: ORS 97.780 History: PRD 2-2005, f. & cert. ef. 3-23-05
736-054-0005 Definitions As used in this division, unless the context requires otherwise, the following definitions apply: (1) "Commission" means the seven-member body appointed by the Director of the Oregon Parks and Recreation Department (OPRD) to carry out the responsibilities of ORS 97.772 to 97.784. (2) "Grant" means an award from the Historic Cemetery Grant program. (3) "Historic Cemetery" means the definition provided in ORS 97.772. (4) "Project Completion" means satisfaction of all requirements of a grant agreement as determined after review or inspection by OPRD. Statutory/Other Authority: ORS 390.124 (1) & 390.131 Statutes/Other Implemented: ORS 97.780 History: PRD 2-2008, f. & cert. ef. 2-15-08 PRD 2-2005, f. & cert. ef. 3-23-05
736-054-0010 Intent (1) The Commission intends to coordinate restoration, renovation, or maintenance of the state's historic cemeteries and to recommend projects and funding that help maintain and improve such historic cemeteries. Grants may be recommended in the following general categories: (a) Protection and security; (b) Restoration and preservation; and (c) Education and training. (2) The Commission may determine each funding cycle the types of projects, areas of focus, or thematic concentration that will determine what will be considered eligible to be recommended for project funding. (3) The Commission may consider geographic distribution in reviewing grant applications. (4) The Commission may recommend funding a grant application either in whole or in part. (5) The Commission will give preference to applications that include cash or in-kind match. The Commission may nevertheless recommend grant funding for a project that does not include a cash or in-kind match. (6) The Commission may establish minimum or maximum grant award amounts. Statutory/Other Authority: ORS 390.124 & 390.131 Statutes/Other Implemented: ORS 97.780 History: PRD 2-2008, f. & cert. ef. 2-15-08 PRD 2-2005, f. & cert. ef. 3-23-05
736-054-0015 Eligibility (1) Site — To be eligible for a Grant, a burial place or cemetery must meet the definition of an historic cemetery as provided in ORS 97.772. (2) Applicant — The Commission may consider a grant application from any entity that meets the requirements of this section, including, but not limited to: an individual, a non-profit or other public or private organization, schools, state agencies, local governments, and tribal governments. (a) An applicant for a grant must demonstrate that an auditable fiscal agent will receive and expend the grant funds. (b) An applicant for a project that will affect property not owned by the applicant must provide the Commission with a copy of written authorization from the fee owner of the site of the project unless the cemetery is not owned or is abandoned. Statutory/Other Authority: ORS 390.124 & 390.131 Statutes/Other Implemented: ORS 97.780 History: PRD 2-2008, f. & cert. ef. 2-15-08 PRD 2-2005, f. & cert. ef. 3-23-05
736-054-0020 Application Process (1) When the Historic Cemetery Grant program has funds to award, the Commission will announce through a variety of media the availability of, application procedures for, deadlines and other information for applying for Historic Cemetery Grants. (2) Applicants will submit an application in a format prescribed by the Commission. (3) An application that contains multiple work items must be structured so that the Commission may award partial funding to a specific work item proposed in the application. (4) Multiple applications by the same entity are not allowed. Statutory/Other Authority: ORS 390.124 & 390.131 Statutes/Other Implemented: ORS 97.780 History: PRD 2-2005, f. & cert. ef. 3-23-05
736-054-0025 Evaluation of Applications (1) Eligible applications received by the announced deadline will be evaluated by a Historic Cemetery Grants review committee, appointed by the Commission chair and containing at least one member of the Commission. (2) The review committee will rank applications in order of priority based on the following criteria: (a) Whether the application meets the Commission's funding priorities for that funding cycle; (b) Whether the application has demonstrated the need for the project; (c) Whether the applicant has demonstrated that adequate budget and financial controls are in place to properly administer the grant; and (d) Any other criteria determined by the Commission prior to the announcement of the availability of grant funding, and which are contained in that announcement. (3) The review committee shall recommend to the Commission grant funding recommendations up to the amount of funds that may be available in that biennium. The review committee may also rank several alternates in priority order that would be funded if any of the recommended grants are not awarded. Statutory/Other Authority: ORS 390.124 & 390.131 Statutes/Other Implemented: ORS 97.780 History: PRD 2-2008, f. & cert. ef. 2-15-08 PRD 2-2005, f. & cert. ef. 3-23-05