reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-02 - Standards And Procedures For Administering State Historic Preservation Programs › Section 82-2-7 - Endangered Historic Properties Fund Program

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Eligible Sites. Funds from the West Virginia Endangered Historic
				Properties Fund must be used on sites which are:
7.1.a. Listed on the West Virginia
				Register of Historic Places;
7.1.b. Determined eligible for
				listing on the West Virginia Register of Historic Places;
7.1.c. Listed on the National
				Register of Historic Places; or
7.1.d. Determined eligible for
				listing on the National Register of Historic Places.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-03 - Standards And Procedures For Granting Permits To Excavate Archaeological Sites And Unmarked Graves › Section 82-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This legislative rule establishes the procedures by which
				permits are issued for the excavation of historic and prehistoric
				ruins and archaeological sites; burial grounds, human skeletal
				remains and unmarked graves; and the removal or alteration of grave
				markers. Additionally, it establishes the method by which property
				tax exemptions for unmarked graves are determined and the methods for
				disposing of skeletal remains and associated artifacts claimed by
				descendents and those remains and artifacts not claimed. Not included
				within the scope of this legislative rule are collections of
				artifacts from historic or prehistoric ruins, burial grounds,
				archaeological sites or unmarked graves acquired prior to the
				effective date of H.B. 4752, June 8, 1990 or of artifacts collected
				from the surface of the ground through surface survey or activities
				undertaken in compliance with the federal Archaeological Resources
				Protection Act ( Public Law 96-95 at
				16 USC
				470(aa) ) and
				regulations promulgated thereunder and projects being undertaken in
				compliance with §106 of the National Historic Preservation act
				of 1966, as amended, or W. Va. Code §
									29-1-5(a).
1.2. Authorization. -- W. Va. Code
				§
									29-1-8(d).
1.3. Filing Date. -- April 5,
				1994.
1.4. Effective
				Date. -- April 5, 1994.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-03 - Standards And Procedures For Granting Permits To Excavate Archaeological Sites And Unmarked Graves › Section 82-3-3 - Permits to Excavate Historic and Prehistoric Ruins and Archaeological Sites

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any person proposing to
				excavate a ruin or site shall request a permit application form from
				the Director at the Division of Culture and History, The Cultural
				Center, Capitol Complex, Charleston, W. Va. 25305. They may call the
				Cultural Center at 558-0240 for further information. Permits will be
				issued on a project by project basis. The form will provide for and
				require the following information:
3.1.1. Documentation of the
				property owner's or property manager's, in the case of publicly owned
				land, permission to excavate. Recovered artifacts remain the property
				owner's, except in the case of publicly owned land, unless they
				forfeit their rights to them in writing.
3.1.2. The applicant's
				qualifications. A professional archaeologist will submit a resume, if
				not already on file at the State Historic Preservation Office.
				Avocational archaeologists will submit a letter explaining their past
				accomplishments as an avocationalist.
3.1.3. An excavation plan detailing
				the methodologies and techniques by which the excavations will be
				conducted and the reasons and objectives for excavation or removal
				and the benefits expected to be obtained from the contemplated
				work.
3.1.4. The facility
				where recovered material and excavation records will be
				curated.
3.1.5. A plan to
				restore the site to its former condition prior to excavations when
				the site is not intended to altered or destroyed.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-03 - Standards And Procedures For Granting Permits To Excavate Archaeological Sites And Unmarked Graves › Section 82-3-4 - Permits to Excavate Burial Grounds, Human Skeletal Remains and Unmarked Graves

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. After the Director has been
				notified of the discovery of skeletal remains, grave artifacts or
				grave markers, the director shall cause an on-site inspection of the
				disturbance to be made to determine the potential for archaeological
				significance of the site. If the director determines that the site
				has potential historical or archaeological significance and after
				alternatives to excavation have been examined, a permit application
				form for the archaeological excavation or removal of the remains must
				be filed. In cases where discovery is unforseen, an on-site
				inspection shall be made within ten (10) working days and the
				determination of potential historical or archaeological significance
				shall be made as soon as is reasonable, but shall not exceed sixty
				(60) days. Permits to excavate burials will be made available for
				review by the public upon request. When the Director, or designee,
				determines that emergency conditions exist, a permit may be issued
				without having received an application form, provided that the terms
				and conditions for excavating are formally agreed to at a more
				convenient time. An application form will provide for and require the
				following information:
4.1.1.
				Documentation of the property owner's or property manager's in the
				case of publicly owned land, permission to excavate. Recovered
				artifacts remain the property owner's, except in the case of publicly
				owned land, unless they forfeit their rights to them in
				writing.
4.1.2. The
				applicant's qualifications. A professional archaeologist will submit
				a resume, if not already on file at the State Historic Preservation
				Office. Avocational archaeologists will submit a letter explaining
				their past accomplishments as an avocationalist.
4.1.3. An excavation plan detailing
				the methodologies and techniques by which the excavations will be
				conducted and the reason and object for excavation the burial
				grounds, human skeletal remains, or unmarked graves and the benefits
				expected to be obtained from the contemplated work; except when
				discovered through construction activities.
4.1.4. The facility where recovered
				material and excavation records will be curated.
4.1.5. A plan to restore the site
				to its former condition prior to excavations when the site is not
				intended to be altered or destroyed.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-03 - Standards And Procedures For Granting Permits To Excavate Archaeological Sites And Unmarked Graves › Section 82-3-5 - Permits for the Removal or Alteration of Grave Markers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				person proposing to remove or alter the appearance of a grave marker
				shall request a permit application form from the Director. The form
				will provide for and require the following information:
5.1.1. When applicable, written
				authorization from the cemetery authority or caretaker for removal or
				alteration of a grave marker.
5.1.2. Evidence of attempts to
				notify descendents prior to removing or altering the grave
				marker.
5.1.3. The
				purpose for removing or altering the grave marker.
5.1.4. The methods for recording
				the grave marker prior to its removal or alteration. They may
				include, but not be limited to, photographs, rubbings, and maps
				showing the location of the marker in relationship to surrounding
				markers or objects.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-03 - Standards And Procedures For Granting Permits To Excavate Archaeological Sites And Unmarked Graves › Section 82-3-6 - Disposition of Skeletal Remains and Associated Artifacts When Claimed by Lineal Descendents

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The lineal descendents of a
				deceased individual shall file a claim of legitimacy and provide the
				Director with documentation and/or evidence of descent.
6.1.1. Based upon evidence
				submitted by the descendents of a deceased individual pursuant to
				section 6.1, the Director shall make a written determination of the
				legitimacy of a claim of descent and state the reasons
				therefore.
6.1.2. A
				descendent may appeal an adverse determination of legitimacy by the
				Director to the Archives and History Commission by filing notice of
				appeal with the Commission twenty (20) days prior to the next
				regularly scheduled meeting.
6.1.2.a. The filing of a notice of
				appeal with the Commission shall stay any action to dispose of or
				rebury the claimed remains and associated artifacts and grave
				goods.
6.1.2.b. Upon
				receipt of a notice of appeal, the Commission shall provide the
				descendent with a hearing at the next regularly scheduled meeting of
				the Commission. Such hearing shall be held in accordance with W. Va.
				Code §
											29A-5-1
				et. seq.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-03 - Standards And Procedures For Granting Permits To Excavate Archaeological Sites And Unmarked Graves › Section 82-3-7 - Disposition of Skeletal Remains and Associated Artifacts When Not Claimed by Descendents

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. When human skeletal remains
				are not claimed by descendents, the Director in consultation with the
				ad hoc committee has the option to rebury the remains after
				archaeological investigations have been completed, or to accession
				them into the state museum where they will be cared for with dignity
				and respect as determined by the Director and interested
				parties.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-03 - Standards And Procedures For Granting Permits To Excavate Archaeological Sites And Unmarked Graves › Section 82-3-8 - Procedures for Establishing Property Tax Exemptions For Burial Grounds and Unmarked Graves

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. When a private property owner
				has evidence for the presence of a burial ground or unmarked grave on
				his or her property, they may apply for a tax exemption in the manner
				outlined below.
8.1.1. The property
				owner shall submit a letter to the Director seeking a determination
				of the suspected burial ground or unmarked graves authenticity and
				eligibility for tax exemption.
8.1.2. A response to the letter
				shall be made within thirty (30) days about the availability of an
				archaeologist from the Division of Culture and History to make the
				determination.
8.1.3.
				Upon completion of archaeological fieldwork to determine the location
				and extent of the burial ground, a response shall be prepared, after
				which, if verifying the presence of the burial ground, a certificate
				of authenticity will be issued to the property owner. The certificate
				may then be presented to the county assessor for
				processing.
8.1.4. The
				property owner has the option to establish a protective easement of
				the burial ground or unmarked grave by making arrangements with
				officials from the Division of Culture and History.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-04 - Rehabilitation Of Certified Historic Residential Structures Tax Credit › Section 82-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This legislative rule outlines the application process
				necessary to receive the credit for qualified rehabilitation owner
				occupied residential buildings investment. It provides guidelines and
				procedures to determine eligibility of a material rehabilitation of
				an owner occupied historic residential building. The tax credit is
				granted and administered by the State Tax Department. This rule is
				filed pursuant to '11-21-8g.
1.2. Authority. -- W. Va. Code
				'11-21-8g.
1.3. Filing
				Date. -- May 1, 2000.
1.4. Effective Date. -- August 1,
				2000.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-04 - Rehabilitation Of Certified Historic Residential Structures Tax Credit › Section 82-4-4 - Appeal Process

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any person adversely affected
				by a decision of the SHPO with regard to interpretation of the
				Secretary of the Interior's Standards and eligibility for this credit
				may appeal the decision of the SHPO to the Archives and History
				Commission at its next regularly scheduled meeting. The request to
				appeal an adverse decision must be made in writing to the Secretary
				of the Archives and History Commission by certified letter no more
				than 60 days after the date of the decision by the SHPO. The person
				appealing the adverse decision or a representative of that person
				designated in writing must appear before the next regularly scheduled
				meeting of the Archives and History Commission to appeal the
				decision.
4.2. The
				decision of the Archives and History Commission is the final
				administrative determination of the matter. An appeal of a decision
				of the Archives and History Commission may be made to the Circuit
				Court of the county in which the building is located.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-05 - Curatorial Guidelines - Collections Management Facility › Section 82-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- The curatorial guidelines represents a first approximation
				by the West Virginia Division of Culture and History (WVDCH) to
				comply with recent, federally mandated curation standards (i.e. 36
				CFR 79 ). These guidelines will ensure standardization in the
				labeling and in the packaging of collections and associated records
				to facilitate their incorporation into the WVDCH collections
				management facility. All collections in this facility will be
				available for scientific, educational and religious uses pursuant to
				36 CFR 79.
1.2.
				Authority. -- W. Va. Code '29-1-8.
1.3. Filing Date. -- September 9,
				1993.
1.4. Effective
				Date. -- October 13, 1993.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-05 - Curatorial Guidelines - Collections Management Facility › Section 82-5-2 - Adoption by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. West Virginia Division of
				Culture and History adopts by reference the attached Curatorial
				Guidelines - Collections Management Facility.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-06 - Archives And History Library Services And Fee Guidelines › Section 82-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- These procedural rules set forth policies and procedures
				concerning the availability to the public of all records and
				informational materials generated, developed, or held by Archives and
				History.
1.2. Authority.
				-- W. Va. Code §
									29-1-6.
1.3. Filing Date. -- November 24,
				2009.
1.4. Effective
				Date. -- January 4, 2010.
1.5. Repeal and Replace. -- This
				procedural rule repeals and replaces WV 82CSR6 "Archives and History
				Library Services and Fee Guidelines" filed December 6, 2004, and
				effective January 15, 2005.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-06 - Archives And History Library Services And Fee Guidelines › Section 82-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
Emergency requests
are research inquiries involving
				the immediate health and well-being of a patron, such as
				documentation necessary for acquiring or sustaining health
				benefits.
2.2.
Research requests
are inquiries for information
				submitted in writing to Archives and History.
2.3.
Rush requests
are research inquiries needed on an immediate basis, but not
				involving the health and well-being of a patron. These inquiries
				typically will be responded to within two days.
2.4.
Specialized
				collections
consist of any one of the following Archives and
				History collections: archives collections, manuscript collections,
				special collections, photograph collections, audiovisual archives,
				maps, state documents, rare books, and other materials requiring
				staff assistance.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-06 - Archives And History Library Services And Fee Guidelines › Section 82-6-3 - Public Availability and Use

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Availability of records.
Archives and History's administrative/office
				  records are available to the greatest extent possible in keeping with
				  the spirit and intent of the Freedom of Information Act. Requestors
				  should address their requests to the state archivist. The person
				  making the request need not have a particular interest in the subject
				  matter, nor provide justification for the request except to the
				  extent necessary to determine the requestor's category for fee
				  assessment purposes. The FOIA requirement that records be available
				  to the public refers only to records in existence when the request is
				  submitted. The act does not require an agency to compile or create
				  information or records in response to an FOIA request.
3.2. Applying
				exemptions.
The Freedom of Information Act need not be invoked
				  to obtain access to accessioned collections. Archives and History
				  will restrict access to a collection or a portion of a collection on
				  which restrictions have been placed by the donor. To obtain access to
				  a restricted collection, patrons are required to apply directly to
				  the donor. Archives and History will not withhold a record unless
				  there is a compelling or legal reason to do so.
3.3. Records of other agencies.
In some instances, Archives and History maintains
				  on deposit, but does not accession, the records of other state
				  government agencies. If Archives and History receives a request to
				  make available such unaccessioned records on deposit, it shall refer
				  the request to the agency concerned for appropriate
				  action.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-06 - Archives And History Library Services And Fee Guidelines › Section 82-6-4 - Hours of Use

Current through Register Vol. XLI, No. 28, July 12, 2024
Hours for the Archives and History Library are
				  established within the operating hours of the Culture
				  Center.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-06 - Archives And History Library Services And Fee Guidelines › Section 82-6-6 - Requests for Services

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Research requests must be
				submitted in writing to the Archives and History Library and must be
				accompanied by the applicable minimum research fee as outlined in
				§
									82-6-7. Research
				requests must be limited to two (2) specific requests for information
				per letter. Staff research time is set at one-half hour per letter.
				If more than one-half hour of staff time is required, an additional
				fee will be assessed. If requests will require excessive research
				time, a list will be provided of individuals who conduct genealogical
				and historical research for a fee.
6.2. All research requests are
				assigned in the order of the date of receipt, with the exception of
				emergency requests and rush requests.
6.3. Rush and emergency requests
				may be placed by phone or facsimile transmission, but must be
				accompanied by confirmation guaranteeing payment prior to any work on
				the order. A rush request may be denied if staff commitments preclude
				the completion of said request in the time specified.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-07 - Cultural Facilities And Capital Resources Grant Program › Section 82-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This Legislative Rule provides the administrative
				Procedures and requirements for application by arts organizations and
				history museums for grants under the West Virginia Commission on the
				Arts' Cultural Facilities and Capital Resources Grant
				Program.
1.2. Authority.
				-- W. Va. Code §
									29-1-4.
1.3. Filing Date. -- April 9,
				2003.
1.4. Effective
				Date. -- April 30, 2003.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-07 - Cultural Facilities And Capital Resources Grant Program › Section 82-7-3 - Priorities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				following projects shall be given priority by the commission in
				awarding grants: projects that (a) increase or assure public access
				to the arts; (b) involve collaborations and partnerships that
				leverage additional public and private investment; and (c) that are
				supported by and serve more than one county. Emphasis shall be on
				projects that provide ongoing public experience of the arts, improve
				sustainable fiscal operation of arts organizations, and advance
				artistic excellence.
3.2.
				A secondary priority in awarding grants shall be given by the
				commission to history museums with capital projects that will
				increase public programming, secure permanent collections, and
				advance historical museum presentation and practice.
3.3. Additional weight shall be
				given by the commission to: projects that (a) contribute to economic
				development; (b) include requests from organizations that further
				cultural development in rural, under-served, or minority communities;
				(c) address known health and safety deficiencies; (d) create or
				improve access to facilities for working artists and historians with
				disabilities; (e) improve, expand, or rehabilitate existing buildings
				to provide for handicapped accessibility; and, (f) reduce an
				organization's operating costs.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-07 - Cultural Facilities And Capital Resources Grant Program › Section 82-7-4 - Eligibility Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
Organizations eligible for panel review must be
				  able to meet the following requirements by the application
				  deadline:
4.1. A grant
				applicant shall be one of the following:
4.1.1. An agency of municipal or
				county government, including county school boards, or
4.1.2. A not-for profit, tax-exempt
				West Virginia corporation as defined in 501(c) (3) and 501(c)(4) of
				the Federal Internal Revenue Code of 1954 and as designated in
				compliance with §170 of that code at the time of application and
				prior to the release of funds. Arts organizations and history museums
				may apply.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-07 - Cultural Facilities And Capital Resources Grant Program › Section 82-7-5 - Application Review and Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The commission shall use the
				following criteria to evaluate each capital request:
(a) the strength and quality of the
				organization's arts or history museum programs and administration;
(b) the need for the
				proposed project;
(c) the
				ability of the organization to raise the required matching funds and
				complete the project;
(d) the degree to which the
				feasibility study for renovation and construction projects address
				artistic, historic, technical, and financial aspects of the project;
(e) the experience and
				skills of the project consultants; and,
(f) the ability of the organization
				to operate and maintain the facility after improvements are
				made.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-07 - Cultural Facilities And Capital Resources Grant Program › Section 82-7-6 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				General. -- Any applicant denied a grant under the provisions of this
				rule may appeal to the Commission by writing to the Director of the
				Arts section, requesting that the application be reconsidered. The
				letter of appeal must be received no later than sixty days after the
				applicant receives notice of denial.
6.2. Limited Consideration. --
				Appeals will be considered by the commission only if the applicant
				can document specific examples that demonstrate that the application
				was misrepresented or improperly reviewed.
6.3. Appeal Process. -- The
				Director of the Arts section shall review the letter of appeal and
				submit it with the original application to the Commission for
				consideration at its next regular meeting. The Commission shall
				review the appeal and act on it during that meeting. The Director of
				the Arts section shall notify the applicant within ten days of the
				decision of the Commission.
6.4. New Materials and New
				Requests. -- If an applicant appeals a denial and submits new
				material or adds new purposes to the project which is the subject of
				the appeal, the request will be treated as a new application by the
				commission. New applications shall be reviewed in the next grant
				cycle.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-07 - Cultural Facilities And Capital Resources Grant Program › Section 82-7-7 - Qualified Project Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Qualified Project Activities.
				-- Renovation, construction or acquisition of real property,
				including alterations needed to comply with Section 504 of the 1974
				Rehabilitation Act or the 1990 Americans with Disabilities Act;
				durable equipment, including sound and lighting systems; furnishings
				which contribute to the artistic or historic museum experience; and,
				capital purchases that enhance earned income of the arts organization
				or history museum are qualified projects activities under this
				rule.
7.2. Disqualified
				Project Activities. -- Operating costs; office equipment such as
				typewriters and computers; bad debts; mortgage payments on a facility
				for construction or renovation which occurred prior to July 1, 1997;
				endowment campaigns; projects at public or private colleges or
				universities; projects which are restricted to private or exclusive
				participation, which include restricted access on the basis of sex,
				race, color, religion, national origin, disability, age, handicap, or
				marital status; and projects that take place outside West Virginia
				are not qualified project activities.
7.3. Effective with the fiscal year
				2001-2002, grants are available only for project expenses which occur
				during the fiscal year grant period, with the exception that
				organizations that received debt retirement grants in FY 2001, and
				that have mortgaged debt related to the original project, may apply
				for a grant of an additional amount equal to $500,000, the new single
				year grant maximum, minus the grant first used for debt
				retirement.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-07 - Cultural Facilities And Capital Resources Grant Program › Section 82-7-8 - Grant Levels

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Grant Levels. -- The amount of
				funds available for grants in the Cultural Facilities and Capital
				Resources category may vary from year to year. The Commission shall
				determine the number and amount of grants to be awarded each year
				based on funds available. An applicant may be awarded a grant for a
				lesser amount than requested at the discretion of the
				Commission.
8.2. Phased
				Projects. -- Applicants with projects that include multi-year phases
				may apply for funding for up to three consecutive years. An applicant
				may not receive more than a total of $750,000, cumulative, for phased
				projects. Eligible organizations may apply for grants for qualified
				projects at the following levels:
(a) Level 1, $2,500 to $24,999;
(b)Level 2, $25,000 to
				$49,999;
(c) Level 3,
				$50,000 to $99,999; and,
(d) Level 4, $100,000 to $299,999;
(e) Level 5 $300,000 to
				$500,000.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-07 - Cultural Facilities And Capital Resources Grant Program › Section 82-7-9 - Matching Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. General. -- Applicants are
				required to match grants on an equal dollar-for dollar (1:1) match
				basis from federal, foundation, corporate, and local private
				contributions. No funds from any state government source may be
				counted toward the match amounts.
9.2. Cash Match. -- All funds used
				for this matching requirement must be in cash.
9.3. Limit on Request. -- An
				applicant may not request funds in excess of fifty percent (50%) of
				the total project costs.
9.4. Operational Funds. -- An
				applicant may not use funds which are operational in nature or not
				designated to the project phase will not be allowed as matching
				funds.
9.5. Bond Issue
				Revenue. -- An applicant may not use revenue from bond issues that
				have not been passed at the time of application as matching funds. In
				addition, cash proceeds from bond issues must be expended by the end
				of the grant period in order to qualify as matching funds.
9.6. Fund Raising Costs. -- Fund
				raising costs are not acceptable as matching funds.
9.7. Matching Funds for Phased
				Projects. -- The applicant may designate matching funds only to the
				project phase presented in the application and may not use them in a
				previous or succeeding application, or in any other arts or historic
				preservation grant.
9.8.
				Expended Matching Funds. -- An applicant's matching funds, excluding
				those used for debt retirement, may have been expended prior to the
				start date of the grant award agreement if the matching funds:
(a) are clearly a part of the
				project described;
(b)
				can be documented upon request; and,
(c) were not expended prior to July
				1, 1997 or five years before the application date, whichever is the
				shorter period.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-07 - Cultural Facilities And Capital Resources Grant Program › Section 82-7-10 - Grants Payments

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. General. -- The West Virginia
				Division of Culture and History shall make payments on grant awards
				in quarterly installments in accordance with the contract and invoice
				procedures of the Administration Section of the Division of Culture
				and History, consistent with requirements of the State
				Auditor.
10.2. Limits on
				Payments. -- The Division of Culture and History shall limit
				installment payments on grant awards to amounts for which both the
				expenses and matching funds have been confirmed.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-08 - Records Preservation Grant Program For Political Subdivisions › Section 82-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This legislative rule establishes general guidelines for a
				competitive records preservation matching grants program for
				political subdivision records administered by the Archives and
				History section and considered by the Archives and History Commission
				of the West Virginia Division of Culture and History.
1.2. Authority. -- W. Va. Code
				''29-1-6 and 29-1-5.
1.3.
				Filing Date. -- June 21, 2001.
1.4. Effective Date. July 1,
				2001.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-08 - Records Preservation Grant Program For Political Subdivisions › Section 82-8-2 - RONG'82- 8- 2. Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Archival quality" means a
				quality of reproduction providing permanent, durable, and
				nondestructive storage or copying medium for records consistent with
				established standards specified by state and national agencies and
				organizations responsible for establishing such standards, such as
				the Association for Information and Image Management, the American
				National Standards Institute, the National Bureau of Standards, the
				National Archives and Records Administration, and others as
				applicable to the project submitted for funding.
2.2. "Archival records" mean all
				non-current records of continuing and enduring value useful to the
				citizens of the state and necessary to the administrative functions
				of counties and municipalities in the conduct of services and
				activities mandated by law. In appraisal of public records deemed
				archival, the terms "administrative," "fiscal," "historical," and
				"legal" shall be defined as:
2.2.a.
				"Administrative value" means the records have continuing utility in
				the operation of an agency of a county or municipality.
2.2.b. "Fiscal value" means the
				records are needed to document and verify financial authorizations,
				obligations and transactions.
2.2.c. "Historical value" means the
				records contain information, regardless of age, which provides
				understanding of some aspect of the government and promotes the
				development of an informed and enlightened citizenry.
2.2.d. "Legal value" means the
				records document actions taken in the protection and proving of legal
				or civil rights and obligations of individuals and
				agencies.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-08 - Records Preservation Grant Program For Political Subdivisions › Section 82-8-3 - Introduction

Current through Register Vol. XLI, No. 28, July 12, 2024
Public records created, filed, and stored under the
				  auspices of county and municipal government offices, officers and
				  officials have reached an age and volume challenging those charged
				  with responsibility for their preservation and access. Records
				  custodians lack adequate funds to provide for proper storage
				  conditions, providing for the security of unique records and
				  information required for governmental operations and citizen needs.
				  They lack office and storage areas meeting minimum environmental
				  requirements for paper, audio, film, tape, and electronic records.
				  Many, charged with responsibility for records over 150 to 200 years
				  old, have not had the resources and staff to provide the attention
				  the records require. Most are also confronted with buildings which
				  were not designed so as to provide adequate and proper storage space
				  and environments. These problems have been compounded by the absence
				  of training for staff in records management administration, changing
				  records technologies and preservation techniques and formats for
				  public records.
This records preservation grant program addresses
				  these needs by providing for matching grants to county and municipal
				  governments so as to provide for preservation of the record and
				  continued public access to the information recorded in a systematic
				  manner. The program seeks uniformity in records management,
				  preservation, reformatting and access, utilizing the most efficient
				  and cost effective applications, and applying best practices and
				  standards available.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-08 - Records Preservation Grant Program For Political Subdivisions › Section 82-8-4 - Grant Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Only political subdivisions
				and their records custodians may qualify for funds under this
				program. No grant award will exceed fifty percent of the total cost
				of the project.
4.2. In
				general, grants will be awarded to address preservation of original
				historical public records and/or the historical information contained
				on these records. Eligible program areas include, but are not limited
				to:
(1). Survey and condition of
				records;
(2). Storage of
				records; and
(3).
				Reformatting of records.
Grant applications will be prioritized in this
				  order initially. Priority will be given to applications utilizing
				  recognized archival quality preservation practices, processes and
				  technologies.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-09 - Veterans Memorial Archives Advisory Committee › Section 82-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- These procedural rules set forth establishment of a
				Veterans Memorial Archives Advisory Committee to assist in providing
				for the adoption of equitable policies regarding additions and
				changes to the names placed on the West Virginia Veterans Memorial
				and inclusion of information in the Veterans Memorial
				Archives.
1.2. Authority.
				-- W. Va. Code §§
									29-1-1,
				29A-1-1
				et seq.
1.3. Filing Date.
				-- August 18, 2004.
1.4.
				Effective Date. -- September 23, 2004.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-09 - Veterans Memorial Archives Advisory Committee › Section 82-9-2 - Establishment, Membership, Chairman

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. There is hereby established a
				Veterans Memorial Archives Advisory Committee (Committee). The
				Committee shall be composed of ten persons. The following persons
				shall serve as ex-officio voting members of the Committee:
1. The Manager of the Veterans Memorial Archives,
				  or his/her designee.
2. The Director of the Division of Veterans
				  Affairs, or his/her designee.
3. The Chairman of the Committee on the Military of
				  the Senate, or his/her designee.
4. The Chairman of the Committee on Veterans
				  Affairs of the House of Delegates, or his/her designee.
The following members of the Committee shall be
				  appointed by the Director of Archives and History, to serve at
				  his/her will and pleasure:
1. One honorably discharged veteran of World War
				  II.
2. One honorably discharged veteran of the Korean
				  Conflict.
3. One honorably discharged veteran of the Vietnam
				  era.
4. One honorably discharged veteran of the Armed
				  Forces of the United States who served in the period following the
				  Vietnam era.
5. One citizen member of the Archives and History
				  Commission who is not a veteran of the Armed Forces of the United
				  States, to represent the public-at-large.
The Director of the Archives and History Section of
				  the Division of Culture and History shall be an ex-officio,
				  non-voting member of the Committee.
2.2. The Chairman of the Committee
				shall be designated by the Director of Archives and
				History.
2.3. The
				appointed members of the Committee shall serve on a voluntary basis
				and shall not receive compensation.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-09 - Veterans Memorial Archives Advisory Committee › Section 82-9-3 - Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
The Committee shall meet at the call of the
				  Director of Archives and History, or the Manager of the Veterans
				  Memorial Archives, at such time and place as he/she shall
				  determine.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-09 - Veterans Memorial Archives Advisory Committee › Section 82-9-4 - Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				duties of the Committee shall be to advise the Manager of the
				Veterans Memorial Archives and the Director of Archives and History
				regarding the conduct and management of the West Virginia Veterans
				Memorial and the Veterans Memorial Archives.
4.2. The Committee shall advise on
				the following subjects regarding eligibility for inclusion of names
				on the West Virginia Veterans Memorial and information in the
				Veterans Memorial Archives:
1.
				Policy regarding inclusion of West Virginians who served in foreign
				service and died during recognized period of hostile
				action.
2. Policy
				regarding inclusion of those who died in a period of recognized
				conflict but did not die as a result of hostile action and/or in a
				recognized hostile action theater.
3. Policy regarding length of
				residency in West Virginia.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-09 - Veterans Memorial Archives Advisory Committee › Section 82-9-5 - Changes to Memorial

Current through Register Vol. XLI, No. 28, July 12, 2024
No changes, additions, etc. to the names on the
				  West Virginia Veterans Memorial may take place without the prior
				  approval of the Committee. No substantial physical changes to the
				  West Virginia Veterans Memorial may take place without the prior
				  approval of the Committee and the Capitol Building
				  Commission.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-10 - West Virginia Certified Arts Community Designation › Section 82-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This Procedural Rule provides the administrative procedures
				and requirements for application by a city, town, county or other
				civil jurisdiction for designation as a "Certified Arts Community"
				under West Virginia Commission on the Arts' West Virginia Certified
				Arts Community Program.
1.2. Authority. -- W. Va. Code
				§
									29-1-3.
1.3. Filing Date. -- October 21,
				2005.
1.4. Effective
				Date. -- November 21, 2005.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-10 - West Virginia Certified Arts Community Designation › Section 82-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Arts community" means that city, town, county or other civil
				jurisdiction making application to the program.
2.2. "Commission" means West
				Virginia Commission on the Arts established by W. Va. Code §
									29-1-3.
2.3. "Director of Arts and Arts
				Staff" as established by W. Va. Code §
									29-1-4.
2.4. "Governing body" means the
				elected officials that administer the municipality or county that
				seeks the designation.
2.5. "Required attachments" means
				letters of support, resolutions of governing authorities, and other
				documentation of fulfillment of qualification under Priorities
				§82.10.3 and Eligibility Requirements §
									82-10-4
				(below).
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-10 - West Virginia Certified Arts Community Designation › Section 82-10-3 - Priorities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				following applications will be given priority in awarding designation
				as a "certified arts community." They are communities that (a)
				annually support two or more arts organizations, providing volunteer
				governance, financial contributions, and audiences for arts
				programming; (b) that have governing bodies (municipal or county)
				that have adopted a resolution indicating recognition of the
				importance of the arts to economic development, educational quality,
				and civic involvement; and (c) and have demonstrated success in
				realizing the benefits of cooperation between arts, humanities, and
				heritage groups, and business leaders and jurisdictional
				agencies.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-10 - West Virginia Certified Arts Community Designation › Section 82-10-4 - Eligibility Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
Organizations eligible for review must be able to
				  meet the following requirements by the application deadline:
4.1. A grant applicant must be one
				of the following:
4.1.1. An agency
				of municipal or county government, including county school
				boards.
4.1.2. A not-for
				profit, tax-exempt West Virginia corporation as defined in 501(c)(3)
				and 501 (c)(4) of the Federal Internal Revenue Code of 1954 and as
				designated in compliance with §170 of that code at the time of
				application and prior to the release of funds.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-10 - West Virginia Certified Arts Community Designation › Section 82-10-5 - Application Review and Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The following criteria shall
				be used to evaluate each request for West Virginia Certified Arts
				Community Designation:
(a) arts
				organizations or other eligible non-profits or government agencies
				made annual applications to the West Virginia Commission on the Arts
				(WVCA) for community arts projects;
(b) schools in the community make
				annual applications to WVCA for Arts in Education (including Mini
				Grants for teaching artists fee support) projects;
(c) the community has benefited by
				involving artists on planning committees for beautification projects
				and other civic projects;
(d)the community has begun
				coordinated cultural planning; and,
(e) there has been steady and/or
				recent growth of a local arts council.