reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 51 - ARCHAEOLOGICAL PERMITS › Section 736-051-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				736-051-0000 through
				736-051-0050, unless the context
				requires otherwise:
(1) "Arbitration"
			 means a process whereby a neutral third party or panel considers the facts and
			 arguments presented by disputing parties and renders a decision.
(2) "Mediation" means a process in which a
			 third party assists and facilitates two or more parties to a dispute in
			 reaching a mutually acceptable resolution of the dispute.
(3) "Negotiation" means an informal process
			 by which an attempt is made by disputing parties to resolve the dispute without
			 the need for mediation or arbitration.
(4) "Entity with Approval Authority" means,
			 as appropriate to the context, one or more of the following: The Oregon Parks
			 and Recreation Department, an appropriate Indian tribe, the Oregon State Museum
			 of Anthropology, the state agency or local governing body charged with
			 management of the public land in question.
(5) "Applicant" means a person who is
			 applying for an archaeological permit pursuant to ORS
			 390.235.
(6) "Recognized Curatorial Facility" means
			 the Oregon State Museum of Anthropology (OSMA).
(7) "Alternate Curatorial Facility" can mean
			 one or more of the following:
(a) The
			 scientific, educational, or Indian tribal institution for whose benefit a
			 permit was issued under ORS
			 390.905 et seq., if approved by
			 OSMA with the concurrence of the appropriate Indian tribe;
(b) An educational facility other than the
			 institution collecting the material, provided the action is approved by the
			 State Board of Higher Education with the concurrence of the appropriate Indian
			 tribe;
(c) An educational facility
			 or firm approved by OSMA with the concurrence of the appropriate Indian tribe,
			 and with the requirement that the facility provide an inventory of material to
			 OSMA within six months of collection.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 51 - ARCHAEOLOGICAL PERMITS › Section 736-051-0020 - Disputes Covered by the Dispute Resolution Process

Current through Register Vol. 63, No. 7, July 1, 2024
These rules cover disputes among or between: Entities that have
				statutory authority to approve or disapprove an archaeological permit, or to
				approve or disapprove a curatorial facility to house archaeological objects, or
				to approve or disapprove the disposition of human remains, associated material
				objects, or funerary objects; and applicants for such permits, facilities or
				dispositions:
(1) Disputes may arise
			 among or between approving entities and applicants over the terms, conditions,
			 provisions or for approval or disapproval of an archaeological permit where:
(a) An entity with approval authority over an
			 application for a permit withholds that approval;
(b) An entity with approval authority
			 disagrees over the terms, conditions or provisions of the permit;
(c) The applicant disagrees with the terms,
			 conditions or provisions of the permit as established by an entity with
			 approval authority.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 51 - ARCHAEOLOGICAL PERMITS › Section 736-051-0030 - Informal Dispute Resolution (Negotiation)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the permit
			 applicant or an entity with approval authority over an application for a permit
			 objects to the approval or disapproval of a permit or any of its terms,
			 conditions or provisions, it shall notify the State Historic Preservation
			 Office (SHPO) in writing.
(2) The
			 SHPO shall initiate an informal process by which the disputing parties shall
			 attempt to reach agreement. By mutual agreement, the disputing parties may
			 include the SHPO or other third parties in this process, but they shall not be
			 compensated. It is recommended that the informal dispute resolution process be
			 completed within 30 days.
(3) At
			 any time, a disputing party can terminate the informal dispute resolution
			 process and submit the dispute to mediation.
Statutory/Other Authority: ORS
				  390.124 &
				  390.240
Statutes/Other Implemented: ORS
				  390.240
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 51 - ARCHAEOLOGICAL PERMITS › Section 736-051-0040 - Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The entities
			 with approval authority in consultation with the staff of the Dispute
			 Resolution Commission (DRC), shall compile and maintain a list of potential
			 mediators.
(2) Within ten calendar
			 days of receipt of a written request to mediate, the SHPO shall provide the
			 disputing parties with a list of at least three potential mediators, including
			 written credentials of each one.
(3) Within ten calendar days of receipt of
			 the list of potential mediators, each disputing party shall notify the SHPO if
			 one or more of the mediators would be acceptable.
(4) Disputing parties may jointly interview
			 potential mediators. All parties shall agree on the choice of mediator within
			 five working days after the list of acceptable mediators is forwarded to
			 SHPO.
(5) The mediator shall assist
			 the disputing parties in preparing for the negotiation. Such preparations shall
			 include:
(a) A statement of the issues to be
			 mediated;
(b) A list of the parties
			 who will participate in the mediation;
(c) An estimated completion date for the
			 mediation process. By mutual consent, deadlines may be established for ending
			 or continuing the mediation process;
(d) A statement of what shall constitute
			 agreement. An understanding of what constitutes agreement shall include
			 adequate time for each disputing party's decision-making body to ratify andy
			 tentative agreement reached by the mediator and the disputing
			 parties;
(e) Provisions for
			 protecting confidential information about site location, traditional or sacred
			 practices, or other sensitive information associated with archaeological sites
			 and objects;
(f) Provisions for
			 payment of the mediator's services, if the services are not
			 voluntary;
(g) Any other procedural
			 matters the disputing parties determine need resolution before mediation begins
			 on the substantive issues.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 51 - ARCHAEOLOGICAL PERMITS › Section 736-051-0050 - Arbitration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 mediation does not yield a result satisfactory to all parties, the disputing
			 parties shall notify the SHPO in writing, and the dispute shall proceed to
			 arbitration.
(2) The SHPO shall
			 notify each of the following of the need to designate one representative to
			 serve on an arbitration panel:
(a) The State
			 Historic Preservation Office;
(b)
			 The Commission on Indian Services;
(c) The Oregon State Museum of
			 Anthropology;
(d) The governing
			 bodies of the federally-recognized Indian tribes;
(e) The Dispute Resolution
			 Commission.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 51 - ARCHAEOLOGICAL PERMITS › Section 736-051-0060 - Application for Archaeological Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 736-051-0060 through
			 736-051-0090 establish
			 procedures the Director of the Parks and Recreation Department shall use in
			 issuing archaeological permits on public and private lands.
(2) It is the policy of the Oregon Parks and
			 Recreation Department (OPRD) and the Oregon State Historic Preservation Office
			 (SHPO) that information pertaining to the location of archaeological sites,
			 cairns, burials, human remains, funerary objects, sacred objects or objects of
			 cultural patrimony is confidential information that will be disclosed only as
			 required by law.
Statutory/Other Authority: ORS
				  390.235(1)(d)
Statutes/Other Implemented: ORS
				  390.235
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 51 - ARCHAEOLOGICAL PERMITS › Section 736-051-0070 - Archaeological Permits: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				736-051-0060 through
				736-051-0090 unless the context
				requires otherwise:
(1) "Alter" means
			 to disturb or remove any part of an archaeological site or a feature within an
			 archaeological site.
(2)
			 "Applicant" means the person who is applying for an archeological permit
			 pursuant to ORS 390.235.
(3) "Appropriate Indian Tribe" means the
			 Indian tribe designated by the Commission on Indian Services as having the
			 greatest interest in the permit application.
(4) "Archaeological Site" means a geographic
			 locality in Oregon, including but not limited to submerged and submersible
			 lands and the bed of the sea within the state's jurisdiction, that contains
			 archaeological objects and the contextual associations of the objects with:
(a) Each other; or
(b) Biotic or geological remains or deposits.
			 Examples of archaeological sites include but are not limited to shipwrecks,
			 lithic quarries, house pit villages, camps, burials, lithic scatters,
			 homesteads and townsites.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 51 - ARCHAEOLOGICAL PERMITS › Section 736-051-0080 - Archaeological Permits: Process for Applying for an Archaeological Permit on Public Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not excavate or alter an archaeological site on public lands, make an
			 exploratory excavation on public lands to determine the presence of an
			 archaeological site, or remove from public lands any material of an
			 archaeological, historical, prehistorical, or anthropological nature without
			 first obtaining a permit issued by the director.
(2) The director may issue an archaeological
			 permit to:
(a) A person conducting an
			 excavation, examination or gathering of such material for the benefit of a
			 recognized scientific or educational institution with a view to promoting the
			 knowledge of archaeology or anthropology;
(b) A qualified archaeologist to salvage
			 archaeological objects from unavoidable destruction; or
(c) A qualified archaeologist sponsored by a
			 recognized institution of higher learning, private firm or an Indian tribe as
			 defined in ORS 97.740.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 51 - ARCHAEOLOGICAL PERMITS › Section 736-051-0090 - Archaeological Permits: Process for Applying for an Archaeological Permit on Private Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not excavate, injure, destroy, or alter an archeological site or object, or
			 remove an archeological object from private lands in Oregon unless that
			 activity is authorized by a permit that the director issues pursuant to this
			 rule:
(a) The department does not require
			 permits for archaeologists to conduct exploratory excavation to determine the
			 presence of an archaeological site on private lands;
(b) If an archaeological site is identified,
			 all excavation must stop and the archaeologist shall record the site on a State
			 of Oregon Archaeological Site Record and submit to SHPO.
(c) If additional investigation is necessary
			 for an archaeologist to establish the boundary of the site, continue excavation
			 of any exploratory probes, or conduct further archaeological excavations or
			 collection of archaeological objects, it will require a permit that the
			 department issues pursuant to this rule.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 52 - STATE AGENCY TRANSFER OF HISTORIC ARTIFACTS › Section 736-052-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The department is required to adopt administrative rules by ORS
				358.640(4).
				This division provides the department procedure for considering a request for
				approval from a state agency to transfer, sell, demolish, substantially alter
				or otherwise dispose of any historic artifacts pursuant to ORS
				358.640(3) and
				358.647. This division
				specifically excludes real property matters governed by ORS
				358.653 and archaeological
				objects provided for in ORS
				358.905 to
				358.961.
Stat. Auth.: ORS
				  358.640(4)
Stats. Implemented: ORS
				  358.640(3), ORS
				  358.647
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 52 - STATE AGENCY TRANSFER OF HISTORIC ARTIFACTS › Section 736-052-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division the following definitions
				shall apply:
(1)"Department" means the
			 Oregon Parks and Recreation Department.
(2)"Historic artifacts" means
			 three-dimensional objects including furnishings, art objects and items of
			 personal property which have historic significance. "Historic artifacts" does
			 not include paper, electronic media or other media that are classified as
			 public records. "Historic Artifacts" does not include "archaeological objects"
			 as defined in ORS 358.905(1)(a).
(3)"Historic Significance" as used in the
			 definition of "historic artifacts" connotes a historic artifact that was
			 important, meaningful, or influenced past events, or is famous. Historic
			 significance may be determined by the Oregon Heritage Commission or by the
			 department based on an inventory of historic artifacts, including:
(a) The inventory of historic property
			 prepared by the former Historic Properties Commission;
(b) A local government's acknowledged
			 comprehensive plan inventory of historic resources under Statewide Planning
			 Goal 5; or
(c) The inventory of
			 state-owned cultural properties coordinated by the Oregon Heritage Commission
			 pursuant to ORS 358.595; or
(d) A state agency's inventory of historic
			 artifacts prepared by a professional.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 52 - STATE AGENCY TRANSFER OF HISTORIC ARTIFACTS › Section 736-052-0020 - Department Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department shall approve, approve with conditions, or deny the request, in
			 whole or in part. The department may approve or approve with conditions a
			 request to transfer if the request complies with applicable state and federal
			 law. The department may approve or approve with conditions the request, in
			 whole or in part, through a Memorandum of Agreement with the requesting state
			 agency. An approval from the department may express conditions of approval
			 that:
(a) Restrict destination of transferred
			 items;
(b) Suggest transfer, loan
			 or sale of specific historic artifacts to individuals, state agencies,
			 organizations, museums or Indian tribes;
(c) In cases of demolition or alteration,
			 require actions to mitigate the effects of the demolition or alteration;
			 or,
(d) Require conditions of
			 sale.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 52 - STATE AGENCY TRANSFER OF HISTORIC ARTIFACTS › Section 736-052-0030 - Time for Review by Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department shall review a state
			 agency request within 60 days. The department shall inform the state agency of
			 its approval, approval with conditions, or denial, in whole or in part of the
			 state agency request at the earliest practicable time.
(2) If the information required by OAR
			 736-052-0010 is not included
			 with the state agency request, the department shall notify the state agency
			 that the 60-day review period has not begun, what information required by OAR
			 736-052-0010 is missing or
			 incomplete, and that the 60-day review period will begin when the missing or
			 complete information is received by the department.
Stat. Auth.: ORS
				  358.640(4)
Stats. Implemented: ORS
				  358.640(3), ORS
				  358.647
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 52 - STATE AGENCY TRANSFER OF HISTORIC ARTIFACTS › Section 736-052-0040 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  358.640(4)
Stats. Implemented: ORS
				  358.640(3), ORS
				  358.647
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  390.124 &
				  358.585
Stats. Implemented: ORS
				  358.583
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  390.124 &
				  358.585
Stats. Implemented: ORS
				  358.583
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0110 - Eligible Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  390.124 &
				  358.585
Stats. Implemented: ORS
				  358.583
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0115 - Application Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0120 - Evaluation of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0125 - Award of Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  390.124 &
				  358.585
Stats. Implemented: ORS
				  358.583
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0130 - Museum Grant Review Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0135 - Disbursement of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  390.124 &
				  358.585
Stats. Implemented: ORS
				  358.5830
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0140 - Recovery of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  390.124 &
				  358.585
Stats. Implemented: ORS
				  358.5830
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Stat. Auth.: ORS
				  358.585
Stats. Implemented: ORS
				  358.590
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  358.585
Stats. Implemented: ORS
				  358.590
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0210 - Eligible Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0215 - Application Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0220 - Evaluation of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0225 - Award of Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  358.585
Stats. Implemented: ORS
				  358.590
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0230 - Disbursement of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth: ORS
				  358.585
Stats. Implemented: ORS
				  358.590
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0235 - Recovery of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth: ORS
				  358.585
Stats. Implemented: ORS
				  358.590
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0305 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0315 - Qualification as a Statewide Anniversary Commemoration

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0320 - Application Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 53 - HERITAGE COMMISSION GRANT AND COORDINATION PROGRAMS OREGON MUSEUM GRANT PROGRAM › Section 736-053-0325 - Commission Coordination of Statewide Anniversary Commemorations

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 54 - HISTORIC CEMETERY GRANTS › Section 736-054-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: 390.124(1) & 390.131
Stats. Implemented: ORS
				  97.780
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 54 - HISTORIC CEMETERY GRANTS › Section 736-054-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  390.124(1)
				  & 390.131
Stats. Implemented: ORS
				  97.780
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 54 - HISTORIC CEMETERY GRANTS › Section 736-054-0010 - Intent

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 54 - HISTORIC CEMETERY GRANTS › Section 736-054-0015 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 54 - HISTORIC CEMETERY GRANTS › Section 736-054-0020 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  390.124 &
				  390.131
Stats. Implemented: ORS
				  97.780
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 54 - HISTORIC CEMETERY GRANTS › Section 736-054-0025 - Evaluation of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 54 - HISTORIC CEMETERY GRANTS › Section 736-054-0030 - Award of Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 55 - STANDARDS TO BE USED WHEN ALLOCATING FEDERAL HISTORIC PRESERVATION MONIES › Section 736-055-0005 - Grant Application and Award Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(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.