Title 82 W. Va. C.S.R.

Culture And History Culture And History

Series 01 Certified Local Government Program

W. Va. Code R. § 82-1-1 General

1.1. Scope. -- This rule establishes general guidelines for the certification of local governments to participate in the National Historic Preservation Program with the state and allow local governments to apply for matching funds with the State Historic Preservation Officer and to review nominations of properties to the National Register of Historic Places.

1.2. Authority. -- W. Va. Code ''29-1-8 (d), 8-26A-1.

1.3. Filing Date. -- May 24, 1999.

1.4. Effective Date. -- July 1, 1999.

W. Va. Code R. § 82-1-2 Definitions

2.1. ALocal Government@ means a city, county, municipality, or other general purpose political subdivision of the state.

2.2. AHistoric Landmark Commission (HLC)@or ACommission@ means a board, council, commission, or other similar body established by state or local legislation to document historic properties and advise other county or local agencies on resource protection.

2.3. ACertified Local Government (CLG)@ means any local government certified as meeting the requirement set forth in this document.

2.4. AState Historic Preservation Officer (SHPO)@ means the official in the Division of Culture and History appointed by the Governor to carry out the provisions of the National Historic Preservation Act of 1966, as amended, in West Virginia.

2.5. ASecretary@ means the United States Secretary of the Interior.

2.6. AProfessional@ means a person with a degree in one of the following fields: history, architecture, architectural history, planning, real estate, American studies, geography, landscape architecture, law engineering, or archaeology, and who meets the standards outlined in 36 CFR 61 (See Appendix C).

W. Va. Code R. § 82-1-3 Introduction

3.1. General purposes. The purpose of this rule is to implement the Federal-State-Local preservation partnership in West Virginia as provided for in The National Historic Preservation Amendments Act of 1980 (P.L. 95-515), as amended. The role of the ACertified Local Governments@ in the partnership involves (1) eligibility to apply to the State Historic Preservation Officer, for matching funds earmarked for ACertified Local Governments,@ and (2) responsibility for review of nominations of properties to The National Register of Historic Places. CLGs will help to promote the preservation of prehistoric and historic sites, structures, objects, buildings and historic districts by establishing a partnership between the local government and the West Virginia State Historic Preservation Office (SHPO), a unit of the West Virginia Division of Culture and History, which seeks to encourage and expand local involvement in preservation issues. This partnership will help to ensure that: Historic preservation issues are understood and addressed at the local level; local interests and concerns are identified in the evaluation and nomination process of the SHPO; information concerning local historic preservation issues is provided to the SHPO and to the public; local landmark legislation and historic preservation Commissions are established in localities where they do not yet exist and are updated, if necessary, where they already exist; existing inventory data and technical information is made available to the local community preservation needs.

In order to become certified, a local government must meet several requirements, chief of which are to have enacted an historic preservation ordinance and appointed a qualified Historic Preservation Commission. The Federal Act directs the State Historic Preservation Officer (SHPO) and the Secretary of the Interior to certify local governments to participate in the partnership.

W. Va. Code R. § 82-1-4 Requirements for Certification of Local Government Programs in West Virginia

4.1. Enforcement. The local government must enforce appropriate state or local laws, requirements, and ordinances for the designation and protection of historic properties.

4.1.a. The local government must establish, through ordinance or county order, a municipal or county Historic Landmark Commission in accordance with provisions of the W. Va. Code ' 8-26A-1 et seq.

4.1.b. The Commission must establish a clearly defined process for the local designation and protection of significant individual historic properties (landmarks) and/or historic districts. Both the criteria for determining significant properties and the procedure for designating and protecting those properties must be defined. A copy of guidelines can be obtained upon request from the West Virginia State Historic Preservation Office.

4.2. Establishment of review Commission. Local government shall AHave established an adequate and qualified Historic Preservation Review Commission by state or local legislation.@

4.2.a. The local government must create a Historic Landmark Commission (HLC), consisting of five (5) members, to carry out the provisions of the ordinance or order.

4.2.b. HLC membership shall be drawn from among persons with demonstrated interest, competence or knowledge in historic preservation and local history. To the extent available in the community, members of the HLC shall be preservation-related professionals. Members who are not professionally qualified shall demonstrate avocational experience in preservation and associated disciplines. When a discipline is not represented in the Commission membership, commissioners shall seek expertise in this area when reporting on National Register nominations and other actions that will impact properties which are normally evaluated by a professional in such discipline. This may be accomplished through consultation with universities or colleges. Prior to the consultation process, the Commission must notify the State Historic Preservation Officer in writing that the appropriate professional assistance has been obtained and identified.

4.2.c. The local government, to be certified without the minimum number or types of professional disciplines, must report to the SHPO=s satisfaction that it has made a reasonable effort to fill those positions. The requirements for professional representation on the Commission shall not exceed those of the State Review Board.

4.2.d. Commission meetings shall be held at regular intervals at least four (4) times each year, advertised in advance and open to the public in accordance with the provisions of W. Va. Code '6-9A-1 et seq. The Commission shall establish rules of procedure or bylaws including a code of conduct, using standards established by the West Virginia Open Meeting Law, '6-9A-1 et seq.

4.2.e. The Commission shall transmit an annual report of its activities to the State Historic Preservation Officer. The report shall include, at a minimum, new designations made, progress on survey activities and commission attendance records. The report shall be submitted within sixty (60) days after the end of the fiscal year for the local government or portion of the fiscal year in the first year of the establishment of the Commission. The report will be reviewed and evaluated by the SHPO to ensure that the Commission=s activities are consistent with the State Historic Preservation Plan. The annual report will adhere to the guidelines established by the SHPO. A copy of report guidelines can be obtained from the State Historic Preservation Office.

4.2.f. The Commission shall monitor and report to the State Historic Preservation Officer any activity affecting any property in its jurisdiction listed in the National Register of Historic Places.

4.2.g. Records of proceedings shall be transmitted to the members of the Commission.

4.2.h. In addition to the above stated duties and those specified in W. Va. Code '8-26A-5, the Commission shall report on all proposed National Register nominations for properties within the boundaries of the CLG=s jurisdiction. When a Commission reviews a nomination that is normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Commission, the Commission must seek expertise in that discipline before rendering its decision. This can be accomplished by consulting with the appropriate professional or with the SHPO.

4.2.i. Commission responsibilities must be complementary to and carried out in coordination with those of the State Historic Preservation Office as outlined in 36 CFR 61.4 (b) (please see Appendix C). The State Historic Preservation Office shall cooperate with the HLC by making available materials and training to provide a working knowledge of the roles and operations of federal, state and local preservation programs.

4.3. System for survey and inventory. The local government maintain a system for the survey and inventory of historic properties.

4.3.a. The local government must carry out a systematic and professionally comprehensive method of inventories of historic properties as outlined in the SHPO=s West Virginia Historic Resource Survey Handbook, obtainable from the State Historic Preservation Office. This survey information must be clearly organized and accessible to the public. The State Historic Preservation Office should be consulted in the initial development of such a system and inventory forms should be those used by the State Historic Preservation Officer. The local inventory should also clearly indicate those properties which have been designated local landmarks as well as those listed on the National Register of Historic Places. The local government survey shall in all cases be coordinated with and complementary to those of the state.

4.3.b. The local government must submit a copy of inventory documentation for all locally surveyed resources to the State Historic Preservation Office within a 6 month time frame.

4.3.c. The State Historic Preservation Office may request additional survey and inventory data from the local government as part of the development of the state=s comprehensive planning process.

4.3.d. All inventory material shall be updated every third year to reflect changes, alterations and demolitions.

4.4. Public participation. Local governments must provide for adequate public participation in the local Historic Preservation Programs, including the process of recommending properties for nomination to The National Register, as outlined in 36 CFR 61.5 (c) (4.) (See Appendix C).

4.4.a. All meetings of the Commission shall adhere to the West Virginia Open Meetings Law, '6-9A-1, et seq. If the meeting place does not conform to American Disability Act standards, the public notice shall allow for requests for accommodation.

4.4.b. Careful minutes shall be kept of all actions taken by the Commission and must be kept on file and available to the public upon request.

4.4.c. The SHPO and the CLG will cooperate to provide adequate opportunity for public participation in the nomination of properties to the National Register. All reports submitted by the CLG to the SHPO regarding historic properties shall include assurances of public input. The CLG shall retain a list of all persons contracted during the review and comment period and record responses which they received. If a public meeting was held, a list of those attending shall be included in the report.

4.4.d. The local government must perform the responsibilities delegated to it under the National Historic Preservation Act of 1966, as amended (16 U.S.C. ' 470) and all regulations promulgated there under (See Appendix A).

W. Va. Code R. § 82-1-5 Process for Certification of Local Governments in West Virginia

5.1. Request for certification. The chief elected official of the appropriate local governing body shall request certification from the West Virginia Historic Preservation office. The request for certification shall include the following:

5.1.a. A written assurance by the chief elected official that the local government does fulfill all the standards for certification outlined above;

5.1.b. A copy of the local historic landmark ordinance or order;

5.1.c. A listing of districts and designated historic landmarks under the local ordinance together with statements of the historical significance of the properties and maps showing the location of each district and landmark.

5.1.d. Resumes of each of the members of the Historic Landmark Commission including credentials documenting the members= expertise in fields related to historic preservation. In cases where no professional members have been appointed to an HLC, then an explanation and information demonstrating good faith efforts to obtain such members shall be included; and

5.1.e. A set of goals and objectives for the coming year.

5.2. State Historic Preservation Office response to local government request. The West Virginia State Historic Preservation Office shall respond to the chief elected official within sixty (60) days of the receipt of an adequately documented written request. The request for certification may be made at any time throughout the year and is separate from requests for funding from the Historic Preservation Fund.

5.3. Determination that local government fulfills requirements for certification. If the SHPO determines that the local government fulfills the requirements for certification, the SHPO will prepare a written certification agreement with the local government that lists the specific responsibilities of the local government. These responsibilities include those powers and duties as stated in subsection 4.2 of this rules. The SHPO will notify the United States Secretary of the Interior or his or her designee and furnish a copy of the approved request and the certification agreement. The SHPO shall notify the local government within fifteen (15) days of the Secretary=s response.

5.4. Local government certification to participate. The local government shall be certified to participate in the National Historic Preservation Program if no comment is received by the SHPO from the Secretary of the Interior within fifteen (15) working days. The certification agreement between the SHPO and the local government becomes final.

5.5. Local government condition for continued certification. Once a local government is certified it remains certified without further action unless it is decertified.

W. Va. Code R. § 82-1-6 Certified Local Government Participation in the Nomination Process for the National Register of Historic Places (National Historic Preservation Act of 1966, as amended, 16 U.S.C. ' 470 Section 101 (c) (2))

6.1. Notification of the Commission by the SHPO of National Register nomination of property within local government jurisdiction. Before a property within the jurisdiction of the certified local government may be considered by the State to be nominated to the Secretary for inclusion on the National Register, the State Historic Preservation Officer shall notify in writing the owner, the applicable chief local elected official, and the local Historic Preservation Commission. The Commission, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria for inclusion on the National Register. When the National Register nomination materials have been prepared by the HLC or have been received first by the HLC, the HLC may provide its recommendation and report at the same time it submits a copy of the nomination package to the SHPO for review and comment. When the HLC receives a nomination for comment from the SHPO, it shall have sixty (60) days to submit its recommendation to the SHPO.

6.2. Commission and chief local elected official recommend that a property not be nominated to the National Register. (National Historic Preservation Act of 1966, as amended, 16 U.S.C. ' 470 Section 101 (c) (2) (b)) (See Appendix A). If both the Commission and the chief local elected official recommend that a property not be nominated to the National Register, the SHPO shall take no further action, unless within thirty (30) days of the receipt of such recommendation by the State Historic Preservation Officer an appeal is filed with the state. If such an appeal is filed, the state shall follow the procedures for making a nomination pursuant to 36 CFR 60 (See Appendix B). Any report and recommendation made under this subsection shall be included with any nomination submitted by the state to the Secretary.

6.3. Commission option for required professional qualifications and review of National Register nominations. All nominations, when sent by the State Historic Preservation Officer to the HLC for comment, will be classified as primarily historic, archaeological, and/or architectural in nature.

If an HLC does not have a professional member, the HLC can obtain the opinion of a qualified professional in the area and consider their opinion in their recommendation.

W. Va. Code R. § 82-1-7 Process for Monitoring and Decertification of Certified Local Governments

7.1. Performance review of certified local government by SHPO. The SHPO will review the Commission=s annual report to ensure that the performance of the local government is consistent with the State Historic Preservation Plan. If the SHPO determines that the performance of a certified local government is not in conformance with the certification agreement and the State Historic Preservation Plan, the SHPO shall document that determination and recommend to the certified local government steps which may be taken to improve their performance. The SHPO shall provide advice and assistance when CLG performance is inadequate. The Historic Preservation Officer shall also review the administration of funds allocated from the Historic Preservation Fund. The SHPO shall permanently maintain written records for all SHPO evaluations of CLGs which will be available to the Secretary at any time.

7.2. Timetable for CLG improvement. The certified local government shall have no less than thirty (30) days nor more than one hundred twenty (120) days to implement improvements acceptable to the State Historic Preservation Officer.

7.3. Revocation of certification. If the State Historic Preservation Officer determines that the CLG does not meet the minimum qualifications as stated in subsection 4.2, the State Historic Preservation Officer shall recommend the revocation of the certification of the certified local government to the Secretary citing specific reasons for the recommendation. If the local government is decertified, the SHPO will terminate any financial assistance and will conduct a close-out review of any funds received from the SHPO by the CLG.

7.4. Final approval for CLG decertification. SHPO recommendation(s) for CLG decertification shall be approved and final if the Secretary does not object within thirty (30) days of receipt of SHPO recommendations for decertification.

W. Va. Code R. § 82-1-8 Transfer of Historic Preservation Funds to Certified Local Governments

8.1. General purposes. Federal funding is available to CLGs in accordance with The National Historic Preservation Act of 1966, as amended, 16 U.S.C. ' 470 et seq (See Appendix A). Funding will be transferred to the CLGs in accordance with procedures outlined in 36 CFR 61 (See Appendix C).

82CSR1

Series 02 Standards And Procedures For Administering State Historic Preservation Programs

W. Va. Code R. § 82-2-1 General

1.1. Scope. This legislative rule provides guidelines for the establishment of a state register of historic places, criteria and procedures for listing properties on the register. The rule adopts standards for rehabilitation of historic structures on state assisted undertakings and establishes procedures for the Division of Culture and History to review the effect state projects may have on resources eligible for the state register. It establishes procedures for the Division of Culture and History to assist the State Fire Marshal in providing compliance alternatives when enforcing fire and building codes for structures eligible for the state register. In addition, the rule establishes criteria and procedures for spending state funds provided for threatened and endangered historic properties.

1.2. Authority. -- W.Va. Code ''29-1-1, 29-1-5, 29-1-8 and 29-1-8a.

1.3. Filing Date. -- May 24, 1999.

1.4. Effective Date. -- July 1, 1999.

W. Va. Code R. § 82-2-2 Definitions

2.1. AHistoric District@ means a group of buildings, structures, or sites that taken together make up a coherent whole with similar historic and/or architectural meaning.

2.2. AIntegrity@ means the authenticity of a property=s historic identity as evidenced by the survival of physical characteristics that existed during the property=s prehistoric or historic period. It is the composite of the following seven qualities: location, design, setting, materials, workmanship, feeling or association.

2.3. AUndertaking@ means any project, activity, or program that can result in changes in the character or use of historic properties, if any such historic properties are located in the area of potential effects. The project, activity, or program must be under the direct or indirect jurisdiction of a State agency or licensed, permitted, or assisted by a State agency. Undertakings include new and continuing projects, activities, or programs.

2.4. AEffect@ means the results of an undertaking that may alter characteristics of a site, for better or worse.

2.5. ANo Adverse Effect@ means an effect that would not be harmful to the characteristics that qualify a site for the State Register.

2.6. AAdverse Effect@ means an effect that could diminish the integrity of characteristics that qualify a site for the State Register.

2.7. AMitigate@ means to take action, to reduce or compensate for damage an undertaking does to site(s).

2.8. AHistoric Building or Structure@ means any building or structure so designated by the State Historic Preservation Officer as individually significant or as contributing to the historic character of a historic district.

W. Va. Code R. § 82-2-3 West Virginia Register of Historic Places

3.1. Eligibility Criteria. The following criteria will be used when evaluating the eligibility of sites for West Virginia Register of Historic Places:

3.1.a. The site must posses significance in West Virginia, American, or local history or prehistory, architecture, archaeology, or culture;

3.1.b. The site must possess integrity;

3.1.c. The site must meet at least one of the following criteria:

3.1.c.A. It must be associated with events that have made a significant contribution to the broad patterns of our history;

3.1.c.B. It must be associated with the lives of persons significant in our past;

3.1.c.C. It must embody the distinctive characteristics of type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

3.1.c.D. It must have yielded, or may be likely to yield, information important in prehistory or history.

3.1.d. Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past fifty (50) years are not considered eligible for the State Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

3.1.d.A. A religious property deriving primary significance form architectural or artistic distinction or historical importance;

3.1.d.B. A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event;

3.1.d.C. A birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his productive life;

3.1.d.D. A cemetery that derives its primary significance from graves of persons of transcendent importance, age, distinctive design features, or association with historic events;

3.1.d.E. A reconstructed building when accurately executed in suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived;

3.1.d.F. A property primarily commemorative in intent if design, age tradition, or symbolic value has invested it with its own historical significance; or

3.1.d.G. A property achieving significance within the past fifty (50) years if it is of exceptional importance.

3.1.e. The following types of properties shall be considered eligible for State Register:

3.1.e.A. Districts;

3.1.e.B. Historic Sites;

3.1.e.C. Buildings;

3.1.e.D. Structures;

3.1.e.E. Objects;

3.1.e.F. Vistas;

3.1.e.G. Landscapes; and

3.1.e.H. Natural sites.

3.1.f. Sites listed in the National Register of Historic Places shall be listed in the State Register and not be required to follow the process described in Section 3.2 of this rule.

3.2. Registration Process. The Division of Culture and History shall prepare an application form for listing sites in the State Register and determine documentation requirements for minimal packages.

3.2.a. Any person may make application for nomination of a property to the State Register of Historic Places by completing and submitting a registration form to the Division of Culture and History. The Division of Culture and History may also initiate registration of properties to the State Register.

3.2.b. Upon receipt of a nomination package, the Division of Culture and History shall notify property owners and local elected officials that the property is being considered for listing on the State Register.

3.2.b.A. Property owners must be given no less than thirty (30) days to object in writing to the nomination. If a property owner objects, the nomination shall be tabled.

3.2.b.B. In the event of a historic district, at least fifty-one percent (51%) of the property owners must object in writing to table a nomination.

3.2.c. The Archives and History Commission shall evaluate all state nomination applications and determine their eligibility for the State Register.

3.2.d. If the commission determines a site eligible, it shall be listed on the State Register.

3.2.e. Upon receipt of the listing, the Governor, or governor=s designee, signs the nomination form, officially proclaiming the property a West Virginia registered site.

W. Va. Code R. § 82-2-4 Rehabilitation Standards

4.1. The Division of Culture and History will adopt and apply the Secretary of the Interior Standards for Rehabilitation, United States Department of the Interior Regulation at 36 CFR 67(See Appendix A), as the accepted state rehabilitation standards.

4.2. The Secretary of the Interior Standards for Rehabilitation will be applied in the following instances:

4.2.a. The administration of State Historic Preservation Grants;

4.2.b. The review of compliance alternatives for fire and building codes;

4.2.c. The administration of funds expended from the Endangered Historic Properties Fund Program;

4.2.d. The review of state assisted undertakings;

4.2.e. The rehabilitation of structures eligible for the State Register in any other state assisted programs.

W. Va. Code R. § 82-2-5 State Review Process

5.1. The Division of Culture and History will review all undertakings permitted, funded, licensed or otherwise assisted, in whole or in part, by the state for the purposes of furthering the duties outlined in W. Va. Code '29-1-8. The following review process will be conducted on lands owned or leased by the state, or on private lands where investigation and development rights have been acquired by the state by lease or contract as outlined in W. Va. Code '29-1-8b. Permit approval of activities affecting historic properties will be demonstrated by written letter from the Division of Culture and History upon completion of the review process.

5.1.a. If the project receives federal funding or requires a federal permit, the agencies shall follow the procedures outlined in 36 CFR 800, AThe Protection of Historic Properties@(See Appendix B).

5.1.b. The Division of Culture and History will provide an annual listing of sites on the Register to all state agencies. The Division will also provide the criteria of significance of the Register and encourage the agencies to work with the Division to initiate an ongoing survey and evaluation of their owned or controlled properties.

5.1.c. The Division of Culture and History will annually request planning information or brief comprehensive descriptions of scheduled activities from state agencies in order to evaluate whether or not their programs will potentially impact historic properties. If the Division determines that there are potential impacts, the Division will conduct a project review. Cooperation of the affected agency is encouraged.

5.1.d. Members of the public with interest in or knowledge of an undertaking will have the opportunity to notify the Division of Culture and History and will have a reasonable opportunity to participate in the review process.

5.2. The Division of Culture and History shall request from the state agency a description of the project, including a map showing its location, photographs of the project area or subject of the undertaking, plans, elevations and specifications. Additional information as deemed appropriate to the description of the project will also be requested. With the cooperation and assistance of the agency, the Division shall conduct the review as outlined in Subsections 5.3 and 5.4.

5.3. Identification of Historic Properties. The Division of Culture and History will identify the project=s area of potential effect to historic properties. Within that area of potential effect, the Division of Culture and History shall identify historic properties that may be impacted by the project.

5.3.a. For the purposes of review, the State Historic Preservation Office shall identify both listed historic properties and those eligible for listing on the state or National Register of Historic Places.

5.3.b. If the Division of Culture and History determines that a property is not eligible, the property shall be considered ineligible for review purposes. The office shall provide this information to the agency for their consideration.

If the State Historic Preservation Office determines that a property is eligible, the property shall be considered eligible for review purposes. The office shall provide this information to the agency for their consideration.

5.3.c. If the agency and the Division of Culture and History do not agree on the eligibility of a property to the National Register of Historic Places, the Division of Culture and History shall request that the evaluation be submitted to the Keeper of the National Register of Historic Places for final evaluation.

5.3.d. If the agency and the Division agree that there are no historic properties within the project area, the Division shall comment that the review of the individual project is complete.

5.3.e. If historic properties are identified within the project area, the Division shall request the agency to conduct an assessment of the effect of the project on the resource(s), in accordance with subpart 5.4. of this rule, as part of the process to obtain a permit as stipulated under W. Va. Code '29-1-8(b).

5.4. Assessment of Effects. In consultation with the agency, the Division of Culture and History shall evaluate the undertaking=s potential effect to historic properties, giving consideration to the views, if any, of interested persons.

5.4.a. If the agency and the Division of Culture and History find that the undertaking shall have no effect on historic properties, the Division of Culture and History shall document that finding and provide comments to the sponsor agency.

5.4.b. If the agency and the Division of Culture and History find that there will be an effect to the historic properties by the project, the Division of Culture and History shall apply the Criteria of Effect and Adverse Effect in accordance with subsection 5.5 of this rule.

5.4.c. If the agency and the Division of Culture and History find that there will be no adverse effect, the Division of Culture and History shall document that finding and provide comments to the agency.

5.4.d. If the agency and the Division of Culture and History find that there will be an adverse effect, they shall seek ways to avoid or reduce the effects on historic properties.

5.4.d.1. If the agency and the Division of Culture and History agree upon how the effects will be taken into account, they shall execute a Memorandum of Agreement which shall document the actions to be taken.

5.4.d.2. If the agency and the Division of Culture and History do not agree upon how the effects will be taken into account, the Division of Culture and History will provide final comments to the agency and document the historic properties prior to initiation of the undertaking. 5.5 Criteria of Effect and Adverse Effect. An undertaking has an effect on a historic property when the undertaking may alter characteristics of the property that may qualify the property for inclusion on the State/National Register. For the purpose of determining effect, alteration to features of the property=s location, immediate setting, or use may be relevant depending on a properties significant characteristics and should be considered.

5.5.a. An undertaking is considered to have an adverse effect when the effect on a historic property may diminish the integrity of the property=s location, design, setting, materials, workmanship, feeling or association. Adverse effects on historic properties include, but are not limited to:

5.5.a.1. Physical destruction, damage, or alteration of all or part of the property;

5.5.a.2. Isolation of the property from or alteration of the character of the property=s setting when that character contributes to the properties qualification for the State/National Register;

5.5.a.3. Introduction of a significant change to visual, audible, or atmospheric elements that are out of character with the property or alter its setting;

5.5.a.4. Neglect of a property resulting in its deterioration or destruction; and

5.5.a.5. Transfer, lease or sale of the property without protective restrictions.

5.6. Programmatic Agreement. The Division of Culture and History and the agency may fulfill these review requirements for a particular program, a large or complex project, or a class of undertakings that would normally require numerous reviews, through a programmatic agreement with the Division of Culture and History. Programmatic agreements are appropriate for programs or projects when:

5.6.a. Effects are non-existent;

5.6.b. Effects on historic properties are similar and repetitive;

5.6.c. Effects on historic properties cannot be fully determined prior to action;

5.6.d. Non-state parties are delegated major decision making responsibilities;

5.6.e. Projects involve development of regional or land-management plans;

5.6.f. Projects involve routine management activities.

5.7. Emergency Undertakings. The Division of Culture and History may waive or alter the review process in consideration of emergency events or activities.

5.7.a. This section does not apply to undertakings that will not be implemented within thirty days after a disaster or emergency.

5.8. Accidental Discovery of Historic Properties. Should additional historic properties or archaeological sites be discovered in the course of an undertaking, the agency shall notify the Division of Culture and History so that amendments can be made to the review/permit process in accordance with W. Va. Code '29-1-8a and its legislative rule, 82 CSR 3, and W. Va. Code '29-1-8b.

W. Va. Code R. § 82-2-6 Fire and Building Code Alternatives

6.1. Intent and Purpose.

6.1.a. The intent of this section is to provide guidelines for the uniform application of fire and building related codes to historic buildings and structures; to provide acceptable alternative safeguards to requirements of various fire and building code provisions where strict compliance is not practical; to specify various hazardous conditions in existing buildings and structures which should not be permitted to exist; to relieve building and fire code enforcement authorities from certain liabilities when applying the provisions of this chapter; to provide for rules and regulations; to provide construction and fire safety standards for historic buildings; to exempt historic buildings from certain laws and regulations; and to provide for other matters relative thereto.

6.1.b. It is a purpose of this section to encourage the sensitive rehabilitation, restoration, stabilization, or preservation of historic buildings and to encourage the preservation of buildings and structures deemed to be historic in total or in part: Provided, That rehabilitation and preservation efforts should provide for the upgrading of the safety features of the building or structure to provide a practical level of safety to the public and surrounding property. It is the further purpose of this section to provide guidance regarding acceptable alternative solutions and to stimulate enforcement authorities to utilize alternative compliance concepts wherever practical to permit the continued use of existing buildings and structures without overly restrictive financial burdens on owners or occupants.

6.1.c. The provisions of this section shall not be applicable to new construction.

6.2. Identification of State and National Register sites. The Division of Culture and History shall provide to the State Fire Marshal and appropriate local building officials as requested, a listing of sites in the State and National Register within their jurisdiction.

6.2.a. The Division of Culture and History shall provide an annual update of this listing to the State Fire Marshal and appropriate local building officials as requested.

6.2.b. The Division of Culture and History shall advise the State Fire Marshal and appropriate local building officials as requested on the eligibility of any sites not currently listed in the State or National Registers.

6.3. Fire Code Alternatives. The Division of Culture and History shall review historic structures in accordance with compliance alternatives and otherwise assist the State Fire Marshal when enforcing fire code requirements on sites listed or eligible for listing in the State or National Registers, if the normal requirements would damage the integrity of the structure, as provided for in W. Va Code ''29-3-5 and 29-1-8(d).

6.3.a. The Division of Culture and History shall consult with the State Fire Marshal when enforcing fire code requirements on sites listed or eligible for listing in the State or National Registers.

6.3.b. The Division of Culture and History will determine if the requirements recommended will maintain the integrity of the structure.

6.3.c. If the recommended requirements will damage the integrity of the structure, the State Fire Marshal and the Division of Culture and History will agree to alternatives that will meet fire codes and protect the integrity of the structure.

6.4. Building Code Alternatives. The Division of Culture and History will confer with appropriate building officials upon their request to determine the effect of enforcement of building code requirements on sites listed or eligible for listing in the State or National Register of Historic Places.

W. Va. Code R. § 82-2-7 Endangered Historic Properties Fund Program

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.

7.2. Eligible Projects. Funds from the West Virginia Endangered Historic Properties Fund may be used:

7.2.a. If sites, as defined in Section 7.1 of this rule, face probable threat of destruction or irreversible damage;

7.2.b. If the property owner requests assistance or consents to the request;

7.2.c. If the funds are likely to provide a solution to the situation; and

7.2.d. If the project is of one of the following:

7.2.d.A. A grant to an organization, property owner, or public agency;

7.2.d.B. A low or no interest loan to an organization, property owner, or public agency; or

7.2.d.C. Direct assistance, contracted and paid for by the Division of Culture and History.

7.3. Funding Process. The Division of Culture and History will administer the West Virginia Endangered Historic Properties Fund.

7.3.a. The Archives and History Commission shall recommend to the Division of Culture and History actions to be funded.

7.3.a.A. The Commission may establish categories of actions to be funded at the approval of the Division;

7.3.a.B. The Commission may form a Committee to recommend funding actions;

7.3.a.C. The Commission may require that funding requests come before the full Commission; or

7.3.a.D. The Commission may use any combination of these methods to make funding recommendations.

7.3.b. If the Division of Culture and History becomes aware of a project meeting the criteria of Section 7.1 and 7.2 of this rule, it may choose to contract directly to carry out the action in accordance with Section 7.3.a of this rule.

7.3.c. If an organization, agency, or property owner requests assistance for a project meeting the criteria of Section 7.1 and 7.3 of this rule, the Division of Culture and History may fulfill the request by awarding a grant or providing a loan in accordance with Section 7.3.a of this rule.

7.3.d. If an organization, agency or property owner accepts assistance from the West Virginia Endangered Historic Properties Fund, the Division of Culture and History will require that the recipient and owner sign a Letter of Agreement specifying conditions under which the funds may be spent and protecting the site in the future.

7.3.e. The recipient of funds shall provide to the Division of Culture and History, within sixty (60) days after completion of the project, a report describing the results of the assistance.

7.3.f. Funds repaid to the West Virginia Endangered Historic Properties Fund will be used for future Endangered Historic Properties.

82CSR2

Series 03 Standards And Procedures For Granting Permits To Excavate Archaeological Sites And Unmarked Graves

W. Va. Code R. § 82-3-1 General

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.

W. Va. Code R. § 82-3-2 Definitions

2.1. "Archaeology" means the systematic, scientific study of past cultures through examination of material remains.

2.2. "Ruins" mean the remnants of structures constructed by humans during historic or prehistoric times.

2.3. "Sites" mean areas occupied for various durations by humans throughout history and prehistory including, but not limited to, campsites, villages, dwellings, rock shelters and industrial complexes.

2.4. "Cultural Affiliation" means the relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day group and an identifiable earlier group.

2.5. "Lineal Descendants" means any individuals tracing his or her ancestry directly or by proven kinship.

2.6. "Proven Kinship" means the relationship among people that exists because of genetic descent, which includes racial descent. 2.7 "Burial Grounds" mean a location where during history or prehistory human bodies or skeletal remains are entombed in visibly marked or unmarked graves and may include objects or artifacts with them. 2.8 "Grave Goods" mean artifacts found in association with a human burial. 2.9 "Professional Archaeologist" means an individual meeting the qualifications specified in the Secretary of the Interior's Standards for the Recovery of Archaeological Data (36 CFR 66).

2.10. "Avocational Archaeologist" means an individual whose vocation is in a field different than archaeology and who does not have a degree in the subject.

2.11. "Permit" means a written authorization issued by the Director of Historic Preservation, or designee, to conduct excavations of historic and prehistoric ruins, archaeological sites, burial grounds, human skeletal remains, and unmarked graves, and to remove or alter grave markers. A permit shall be valid for one designated site.

2.12. "Emergency Condition" means any unforeseen discovery of human remains.

2.13. "Excavation" means the controlled removal of dirt to uncover and retrieve artifacts or human skeletal remains.

2.14. "Surface Survey" means an activity that involves traversing the land for the purpose of locating archaeological sites as revealed by artifacts found on the surface of the ground.

2.15. "Historical or Archaeological Significance" means sites, ruins, burial grounds, or unmarked graves having significance determined by applying the criteria of eligibility for the National Register of Historic Places found in 36 CFR 60.

2.16. "Director" means Director of Historic Preservation or authorized representative.

2.17. "Evidence of descent" means evidence of a kin or cultural affiliation between a present-day individual or Indian Tribe and human remains and cultural items which shall be established by using the following types of evidence: Geographical, kinship, biological, archeological, anthropological, linguistic, folklore, oral tradition, historical, or other relevant information or expert opinion.

W. Va. Code R. § 82-3-3 Permits to Excavate Historic and Prehistoric Ruins and Archaeological Sites

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.

3.2. Upon review of the permit application by the Director, a written response to the applicant will be forwarded within thirty (30) days of receipt of the application. Permits may be issued for up to two (2) years and may be suspended or revoked at any time for failing to meet terms and conditions of the permit. The Director shall be allowed access to any excavation of a site or ruin to observe whether conditions and terms of the permit are being met.

Permits may be denied for reasons including, but not limited to, failure to provide a completed application form, inadequate justification for excavating a site or ruins, or inability to complete satisfactorily a previous excavation. The reasons for denial shall be written down and forwarded to the applicant within thirty days of receipt of the application. Applicants denied a permit may appeal the decision by requesting a hearing before a regularly scheduled meeting of the Archives and History Commission. Such hearing shall be held in accordance with W. Va. Code §29A-5-1 et. seq.

3.3. If a permit is granted, an annual progress report shall be submitted on the anniversary date of the permit, if applicable, and a final report of the excavation will be submitted upon completion of fieldwork. The deadline for final reports will vary depending upon the nature of the project. Professionals will submit reports of the quality recommended in the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation (36 CFR 68). Avocationalists are not expected to submit reports of professional quality, but they shall minimally include information on site location and conditions, relevant background information, all field observations (stratigraphy, features, etc.), and analyses and results. The Director may request that reports be written for publication to be read by the general public, or in other ways disseminate the information recovered through permitted excavations to the general public.

W. Va. Code R. § 82-3-4 Permits to Excavate Burial Grounds, Human Skeletal Remains and Unmarked Graves

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.

4.2. Prior to the issuance of a permit for the disturbance of human skeletal remains, grave artifacts, or grave markers, the director shall convene and chair an ad hoc committee to develop permit conditions. The committee shall be comprised of the chair and 6 or 8 members representing known or presumed lineal descendants, private and public organizations which have cultural affiliation to the presumed contents of the site, the Council for West Virginia Archaeology and the West Virginia Archaeological Society. At least two (2) persons shall represent each group applicable to the site. Any remaining vacancies shall be chosen at the discretion of the director from the applicable groups according to the presumed cultural affiliation of the site. In the case of Native American sites, the ad hoc committee shall be comprised of the chair and 6 or 8 members representing the Council for West Virginia Archaeology, the West Virginia Archaeological Society, and known or presumed lineal descendants, preferably with cultural affiliation to tribes that existed in the geographic area that is now West Virginia. At least two (2) persons shall represent each of these groups with the remaining vacancies to be chosen at the discretion of the director from these groups according to the presumed cultural affiliation of the site. The ad hoc committee must be formed within thirty days of application, must meet within sixty days of application, and must render a decision within ninety days of application.

All such permits shall at a minimum address the following conditions:

4.2.1. The methods by which lineal descendants of the deceased are notified prior to the disturbance.

4.2.2. The respectful manner in which the remains, artifacts or markers are to be removed and handled.

4.2.3. Scientific analysis of the remains, artifacts or markers and the duration of those studies.

4.2.4. The way in which the remains may be reburied in consultation with any lineal descendants, when available.

4.2.5. The methods for the respectful curation of recovered items.

4.2.6. Such other conditions as the director may deem necessary.

4.3. Permits shall be issued for two (2) years and may be suspended or revoked at any time due to failure of meeting terms and conditions of the permit. The Director and members of the ad hoc committee shall be allowed access to any excavation of burial grounds, human skeletal remains, or unmarked graves to observe whether conditions and terms of the permit are being met.

4.3.1. Permits may be renewed for a period of six months if a letter requesting such a renewal and the reasons for the renewal request are submitted to the Director.

4.4. Permits may be denied from being issued for reasons including, but not limited to, failure to provide a completed application form, inadequate justification for excavating burial grounds, human skeletal remains, or unmarked graves, or inability to complete satisfactorily a previous excavation. The reasons for denying a permit shall be written down and forwarded to the applicant. Applicants denied a permit may appeal the decision by requesting a hearing before a regularly scheduled meeting of the Archives and History Commission. Such hearing shall be held in accordance with W. Va. Code §29A-5-1 et. seq.

4.5. If a permit is granted, an annual progress report shall be submitted on the anniversary date of the permit, if applicable, and a final report of the excavations will be submitted upon completion of fieldwork. The deadline for final reports will vary depending upon the nature of the project. Professionals will submit reports of the quality recommended in the Secretary of Interior's Standards and Guidelines for Archaeololgy and Historic Preservation (36 CFR 68). Avocationalists are not expected to submit reports of professional quality, but they shall minimally include information on site location and conditions, relevant background information, all field observations (stratigraphy, features, etc.), and analyses and results. The Director may request that reports be written for publication to be read by the general public, or in other ways disseminate the information recovered through permitted excavations to the general public.

W. Va. Code R. § 82-3-5 Permits for the Removal or Alteration of Grave Markers

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.

W. Va. Code R. § 82-3-6 Disposition of Skeletal Remains and Associated Artifacts When Claimed by Lineal Descendents

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.

6.2. Upon determination of a legitimate claim to the remains and grave goods, a written agreement between the Director in consultation with the ad hoc committee, the permittee and the descendent of the deceased shall be executed detailing the method by which the remains and any associated artifacts and grave goods shall be disposed of or reburied.

W. Va. Code R. § 82-3-7 Disposition of Skeletal Remains and Associated Artifacts When Not Claimed by Descendents

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.

W. Va. Code R. § 82-3-8 Procedures for Establishing Property Tax Exemptions For Burial Grounds and Unmarked Graves

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.

82CSR3

82CSR3

Series 04 Rehabilitation Of Certified Historic Residential Structures Tax Credit

W. Va. Code R. § 82-4-1 General

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.

W. Va. Code R. § 82-4-2 Definitions

2.1. ACertification by the National Park Service@ means actual approval of a completed rehabilitation by the National Park Service or a written waiver of such an approval and designation of the State Historic Preservation Officer by the National Park Service for approving qualified rehabilitated owner occupied residential buildings for historic preservation in this state.

2.2. ACertified Historic Structure@ means any owner occupied residential building located in this state that is listed individually on the National Register of Historic Places or contributing to a National Register listed historic district and has been approved by the State Historic Preservation Officer as meeting the Criteria of the National Register of Historic Places for the purposes of receiving this tax credit. (See Appendix A)

2.3. AEligible Rehabilitation Expenses@ means expenses incurred in the material rehabilitation of a certified historic structure and added to the property=s basis for income tax purposes.

2.4. AHistoric District@ means a group of buildings, structures, or sites that taken together make up a coherent whole with similar historic and/or architectural meaning according to the Criteria of the National Register of Historic Places.

2.5. AHistoric Preservation Application@ means application forms published by the National Park Service, United States Department of the Interior, Parts 1, 2 and 3, Form No. 1-168, or its successor.

2.6. AMaterial Rehabilitation@ means improvements or rehabilitation consistent with the ASecretary of the Interior=s Standards for Rehabilitation and Guidelines for the Rehabilitation of Historic Buildings@(See Appendix B), the actual cost of which amounts to at least twenty percent of the assessed value of a certified historic structure for ad valorem real estate tax purposes for the tax year before such rehabilitation expenses were incurred, exclusive of the assessed value of the land.

2.7. APlaced in Service@ means the property is placed in a condition or state of readiness and availability for use as owner occupied housing. (See U. S. Treasury Regulation 1.46-3(d))

2.8. AResidential Certified Historic Structure@ means any certified historic structure that is either classified as Class II Property for levy purposes for the year in which the rehabilitation expenses are incurred, or not classified as Class II property for levy purposes for the year in which the rehabilitation expenses are incurred, but will satisfy the requirements for classification as Class II for real property assessment purposes as of the first day of July of the year following the year in which the rehabilitation expenses are incurred.

2.9. ASecretary of the Interior Standards for Rehabilitation (Standards)@ means standards and guidelines adopted and published by the National Park Service, United States Department of the Interior, for rehabilitation of historic properties.

2.10. AState Historic Preservation Officer (SHPO)@ means the West Virginia state official designated by the governor to carry out the provisions of the National Historic Preservation Act of 1966, as amended (16 U.S.C. '470 et seq.), and as defined in W. Va. Code '29-1-6.

W. Va. Code R. § 82-4-3 Credit for Qualified Rehabilitated Residential Buildings Investment

3.1. The West Virginia Division of Culture and History, State Historic Preservation Office administers the historic preservation program for the state. The Division=s role in the application procedure shall be identical, or substantially similar, to that in 36 C.F.R. Part 67 and 26 C.F.R. Part 1, to the extent applicable. The Division also reviews the application for eligible expenditures and determines whether the rehabilitation meets the Standards. Approval of the application by the SHPO allows the owner to apply for the certified historic residential structure=s tax credit when filing West Virginia annual income tax forms.

3.2. The application to establish that the property is eligible to receive the credit for qualified rehabilitated residential buildings investment consists of three parts. The application may be obtained from the Division of Culture and History, Cultural Center, 1900 Kanawha Boulevard East, Charleston, WV 25305.

3.2.a. Historic Preservation Certification Application Part 1 - Evaluation of Significance. Review and approval of a completed Part 1 application establishes that the building is a certified historic structure. This application must be completed and submitted to the SHPO regardless of the current National Register eligibility status of the building. Part 1 applications may be submitted before work is planned for a particular building. Approval of the Part One application is strongly recommended, but not required, prior to commencement of work on the building. Subsequent to certification, the building must be formally nominated to the National Register of Historic Places. Final completion of the National Register nomination process must occur prior to approval of the Part 3 Application.

3.2.b. Historic Preservation Certification Application Part 2 - Description of Rehabilitation. Part 2 of the application describes the proposed work. The applicant must describe the existing condition of each work item prior to activity and list all work items considered to be capital investment. The applicant must also describe the proposed or completed work for each item. Documentation should be complete so that the SHPO can fully review the rehabilitation project. Documentation must include written descriptions of work, photographs, and sketch plans showing location of work. Supporting documentation may also include plans and elevations-to-scale, as well as specifications.

3.2.b.A. All work described in the application will be reviewed by SHPO staff to insure that it conforms to the ASecretary of the Interior=s Standards for Rehabilitation and Guidelines for the Rehabilitation of Historic Buildings.@ Although it is not required that the Part 2 application be submitted prior to the commencement of work, it is strongly recommended. Work completed prior to submission of the Part 2 application will not be excluded from adherence to the Secretary of the Interior=s Standards for Rehabilitation and could be determined as not meeting the Standards.

3.2.b.B. A fee will be charged by the Division of Culture and History to review each Historic Preservation Certification Application Part 2 - Description of Rehabilitation when the application is submitted to the SHPO for review. The Part 2 application will not be reviewed prior to payment. For all projects with a material rehabilitation cost of $10,000 or less, the review fee will be $50. For projects with a material rehabilitation cost of $10,001 to $100,000 the review fee will be $100. For projects with a material rehabilitation cost greater than $100,001 the review fee will be $500.

3.2.c. Historic Preservation Certification Part 3 Application - Request for Certification of Completed Work must be submitted at the conclusion of the project before a final approval letter can be issued. It must include thorough photographic documentation of the completed work. If the building is not listed on the National Register of Historic Places individually or as a contributing building in an historic district listed on the National Register of Historic Places prior to its submission to the SHPO for approval, the Part 3 application will not be reviewed.

3.3. Eligible rehabilitation expenses are those expenses incurred in connection with rehabilitation of a qualified building for items properly charged to a capital account. Only expenditures directly related to rehabilitation of an approved building are included. Acquisition costs, landscaping, additions, new construction outside the existing building envelope, sidewalks, drain fields, septic systems and similar work items are not allowable expenses. The SHPO will determine which rehabilitation expenses are eligible rehabilitation expenses.

3.4. The amount expended to meet the material rehabilitation test must be spent within a 24 month period ending on December 31 of the year for which the credit is taken. Expenditures not occurring within the 24 month period are not eligible expenditures for the purpose of calculating the credit.

3.5. A tax credit under the provisions of this rule is available from the State Tax Department to a new owner of a property if the approved property is acquired by the new owner prior to the property being placed in service. The credit will be available to the new owner only if the previous owner has not claimed the credit for the approved expenditures. The credit will be based on the eligible expenses of the original owner.

W. Va. Code R. § 82-4-4 Appeal Process

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.

82CSR4

Series 05 Curatorial Guidelines - Collections Management Facility

W. Va. Code R. § 82-5-1 General

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.

W. Va. Code R. § 82-5-2 Adoption by Reference

2.1. West Virginia Division of Culture and History adopts by reference the attached Curatorial Guidelines - Collections Management Facility.

82CSR5

Series 06 Archives and History Library Services and Fee Guidelines

W. Va. Code R. § 82-6-1 General

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. – October 16, 2017

1.4. Effective Date. – November 15, 2017

1.5. Repeal of former rule. - This procedural rule repeals and replaces WV 82CSR6 “Archives and History Library Services and Fee Guidelines” filed November 24, 2009, and effective January 4, 2010.

W. Va. Code R. § 82-6-2 Definitions

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.

W. Va. Code R. § 82-6-3 Public Availability and Use

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, or if materials in a collection contain confidential information or information that would violate privacy laws. 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.

W. Va. Code R. § 82-6-4 Hours of Use

Hours for the Archives and History Library are established within the operating hours of the Culture Center.

W. Va. Code R. § 82-6-5 Availability of Records and Donated Historical Materials

5.1. General provisions.

Researchers will normally use documents in the Archives and History Library. Original documents will not normally be made available when microfilm, photocopies, or other alternative copies of the documents are available.

5.2. Research procedures and rules.

5.2.a. All patrons must sign and complete the guest book in full at the entrance desk each day upon initial entry. All patrons must also complete a library registration form in full. Refer to Form #1, WVAH-01, “Library Registration Form West Virginia Archives and History.” Patrons will only have to complete the library registration form on one occasion, but may be asked periodically for updates to registration information.

5.2.b. All researchers using specialized collections will complete a specialized collections use form. Refer to Form #2, WVAH-02, “Specialized Collections Use Form West Virginia Archives and History.”

5.2.c. Patrons may bring only the following personal items into the library: pencils, paper pads and spiral notebooks, blank sheets of unbound paper, index cards and loose personal papers (for example: genealogy charts, notes, printouts); necessary medication and personal medical devices; laptop computer with power cord, mouse and memory stick or flash drive; silenced cell phones, pagers or similar devices; money, checkbooks, identification cards and monetary cards; and clear plastic bags to contain allowable items. Coats and other outerwear are permitted, but pockets must be empty. All materials are subject to inspection upon departure from library.

5.2.d. Prohibited items include but are not limited to: all liquids, food, candy, gum, tobacco products, umbrellas, purses, waist packs, tote bags, backpacks, suitcases, computer bags and brief cases; opaque plastic and paper bags; binders of any type; pens, mechanical pencils, colored pencils, markers, highlighters and/or marking devices; self-adhesive notes, tape and stickers; scissors, knives and box cutters; file boxes, file folders, envelopes and report covers; and personal reference books.

5.2.e. Patrons will be provided with pencils, blank paper, bookmarks, one-page genealogy charts, tissues and clear plastic self-closing bags.

5.2.f. Division of Culture and History lockers are available on a first-come, first-serve basis. Archives and History is not responsible for items placed in lockers.

5.2.g. All persons and belongings are subject to inspection before departure.

5.2.h. Use of any tobacco products, eating, and drinking are prohibited in all library and collections areas. Prohibition includes candy, gum and all liquids.

5.2.i. Staff is available at the reference desk to assist patrons.

5.2.j. Patrons are responsible for their personal property. Archives and History assumes no responsibility for lost or stolen personal belongings or property.

5.2.k. Use of scanning or mechanized copying equipment by patrons is prohibited in all library and microfilm rooms. Such equipment includes but is not limited to photocopiers and scanning devices.

5.2.l. Cell phones or other personal communication devices that are on a silent setting or turned off may be brought into the library, but all calls must be answered and placed outside the library.

5.2.m. Only pencils may be used by researchers. Use of pens, highlighters, and other writing and/or marking devices is prohibited.

5.2.n. Patrons will not apply self-adhesive removable notes, tape, paper clips, staples, or similar objects to any items in the collections.

5.2.o. Patrons may pull books, materials and microfilm in the library and microfilm storage rooms. Call slips, with all requested information printed legibly, must be submitted at the reference desk for materials not shelved in these rooms. Materials may be used in the library and microfilm reading rooms only and may not be removed. Patrons are not to reshelve any materials but are to return them to designated areas.

5.2.p. Arrangement of the materials is to be retained and all materials are to be treated with great care so as to avoid marking, folding, or damaging in any way.

5.2.q. Patrons who find damaged materials should inform Archives and History staff immediately so that repair and preservation work can be initiated.

5.2.r. During the last one-half hour of operation, no materials will be pulled from the closed stacks.

5.2.s. All photocopying will be done by staff.

5.2.t. Some materials at Archives and History are protected by copyright and other restrictions. Archives and History will only photocopy materials within the provisions of “fair use” provided in copyright law of the United States (Title 17, U.S. Code). Archives and History reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. Patrons who copy materials at reader-printers or from the public-access computers in the library are responsible for determining any restrictions that may apply to those materials. Patrons also assume all responsibility for possible infringement of copyright and invasion of privacy or other rights that may arise in the use they make of the materials copied.

5.3. Use of specialized collections.

5.3.a. To provide quality access to the specialized collections, researchers should make an appointment with Archives and History staff at least one week in advance and provide information on research topic.

5.3.b. To access the specialized collections, researchers must complete an application form, which will be kept on file by Archives and History. Refer to Form #2, WVAH-02, “Specialized Collections Use Form West Virginia Archives and History.”

5.3.c. Conditions for the use of photographic copies. Refer to Form #3, WVAH-03, “Conditions for the Use of Photographic Copies West Virginia Archives and History,” and Form #5, WVAH-05, “Permission for Use of Photographs and Moving Images West Virginia Archives and History.”

5.3.d. Conditions for the use of moving images footage. Refer to Form #4, WVAH-04, “Conditions for the Use of Moving Images Footage West Virginia Archives and History,” and Form #5, WVAH-05, “Permission for Use of Photographs and Moving Images West Virginia Archives and History.”

5.3.e. Conditions for the use of personal cameras. Refer to Form #12, WVAH-12, “Conditions for the Use of Personal Cameras,” and Form #13, WVAH-13, “Photo Log.”

5.3.f. When material from the specialized collections is used in a publication, broadcast, film, exhibition, website, etc., credit must be given as follows: “West Virginia State Archives.” When a specific collection name is provided by Archives and History, that name must also appear in the credit line.

5.3.g. Researchers assume all responsibility for questions of copyright and invasion of privacy or other rights that may arise in the reproduction or use of materials from the specialized collections.

5.3.h. Reproduction by others of photographic copies and moving images footage from the West Virginia State Archives is not permitted. Nor is it permitted to donate these materials, or other copies of specialized collections materials, to other archival institutions without the written permission of the West Virginia State Archives.

5.3.i. Specialized collections materials displayed on the West Virginia Archives and History website are covered by the rules discussed in 5.3.c., 5.3.d, 5.3.e, 5.3.f, 5.3.g, and 5.3.h.

5.4. Use of Archives and History website materials.

5.4.a. Materials on the Archives and History website are for research, teaching, and private study purposes only. For such purposes, except as provided in subsection 5.3, users may reproduce (print or download) single copies of materials from this website without prior permission, on the condition that proper attribution of the source is provided in all copies. Users may also make additional photocopies of materials that are not protected by copyright for teaching purposes without prior permission, on the condition that proper attribution of the source is provided in all copies.

5.4.b. For copyrighted materials on the website that are owned by West Virginia Archives and History, such as West Virginia History, the making of multiple copies requires the written permission of the director of Archives and History.

5.4.c. For other uses of materials from this website, such as printed or online publications, broadcast, film, exhibition, website, etc., advance written permission from West Virginia Archives and History is required.

5.4.d. Permission to reprint articles from West Virginia Archives and History News is granted, provided: (1) The reprint is not used for commercial purposes, and (2) the following notice appears at the end of the reprinted material: “Previously published in West Virginia Archives and History News, [Volume and issue numbers], [Month, Year], a publication of the West Virginia Division of Culture and History.”

5.4.e. Some materials on the Archives and History website are protected by copyright or other restrictions. Researchers assume all responsibility for questions of copyright and invasion of privacy or other rights that may arise in the reproduction or use of these materials.

W. Va. Code R. § 82-6-6 Requests for Services

6.1. Research requests and copy 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. A copy request is defined as one of the following:

6.2.a. Uncertified county record: name on record, specific county record book and page number must be provided.

6.2.b. West Virginia land grant: specific citation from Sims Index to West Virginia Land Grants must be provided. Statutory fee is included. Up to two grants may be obtained per fee payment.

6.2.c. Obituary: name, date of death and town, county or newspaper to be searched must be provided for staff to search up to four issues of up to two newspapers per fee payment.

6.2.d. Uncertified state birth or death certificate: name and year of record must be provided. Statutory fee is included.

6.2.e. Newspaper article: subject or title of article, name of town/county or newspaper, and date of event must be provided.

6.2.f. Vertical File article: full citation from West Virginia Memory Project database must be provided. Up to three articles will be copied per fee payment.

6.3. All research and copy requests are assigned in the order of the date of receipt, with the exception of emergency requests and rush requests.

6.4. 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.

W. Va. Code R. § 82-6-7 Fees

7.1. Library fees.

7.1.a. A fee of twenty dollars ($20.00) must accompany each and every out-of-state research request. This fee is non-refundable and must be paid in advance. This entitles patrons to one-half hour of staff research time and two dollars and fifty cents ($2.50) in copy work and postage and handling. If additional costs for copies, postage and handling, statutory document fees, and/or additional research time are incurred, patrons will be billed.

7.1.b. A fee of ten dollars ($10.00) must accompany each and every in-state research request. This fee is non-refundable and must be paid in advance. This entitles patrons to one-half hour of staff research time and two dollars and fifty cents ($2.50) in copy work and postage and handling. If additional costs for copies, postage and handling, statutory document fees, and/or additional research time are incurred, patrons will be billed. The fee may be adjusted for West Virginia primary and secondary school students.

7.1.c. A fee of eight dollars ($8.00) must accompany each and every out-of-state copy request for a copy of an obituary, newspaper article, land grant, or uncertified county record or state certificate as defined in § 82-6-6.2. For any out-of-state copy request that results in extended research, patron will be billed the difference between the initial copy request fee and the full out-of-state research fee of twenty ($20.00).

7.1.d. A fee of five dollars ($5.00) must accompany each and every in-state copy request for a copy of an obituary, newspaper article, land grant, or uncertified county record or state certificate as defined in § 82-6-6.2. For any in-state copy request that results in extended research, patron will be billed the difference between the initial copy request fee and the full in-state research fee of ten dollars ($10.00).

7.1.e. If emergency requests can be filled, they will be assessed a ten dollar ($10.00) fee in addition to the applicable minimum research fee, any additional research and copy costs, and postage and handling. Emergency requests are limited to single specific requests. Such requests may be subject to review and restrictions.

7.1.f. Rush requests will be assessed a twenty-five dollar ($25.00) fee in addition to the applicable minimum research fee, any additional research and copy costs, and postage and handling. Rush requests are limited to single specific requests. Such requests may be subject to review and restrictions.

7.1.g. Requests requiring excessive staff time will be assessed a fee of twenty dollars ($20.00) per hour for all work exceeding the first half hour, plus all other applicable charges.

7.1.h. The black and white photocopying cost for all 8 ½" x 11" and 8 ½" x 14" paper is twenty-five cents ($.25) per sheet. The black and white photocopying cost for 11" x 17" paper is fifty cents ($.50) per sheet.

7.1.i. The color photocopying cost for all 8 ½" x 11" and 8 ½" x 14" paper is seventy-five cents ($.75) per sheet. The color photocopying cost for 11" x 17" paper is one dollar and fifty cents ($1.50) per sheet.

7.1.j. The microfilm reader/printer copy cost is fifty cents ($.50) per sheet for 8 ½" x 11" and one dollar ($1.00) per sheet for 11" x 17" when staff is required to make the copies. When patrons make their own copies, using self-service reader/printers, the cost is twenty-five cents ($.25) per sheet for 8 ½" x 11" and fifty cents ($.50) per sheet for 11" x 17".

7.1.k. The computer printer copy cost is twenty-five cents ($.25) per sheet.

7.1.l. Uncertified Vital Registration birth and death certificates printed by staff are two dollars and fifty cents ($2.50) per copy.

7.1.m. Land grant records are one dollar and fifty cents ($1.50) for the first page and one dollar ($1.00) for each subsequent page of the same grant.

7.1.n. Certification of a copied record, as a true and accurate copy of the said record for historical purposes only, is two dollars and fifty cents ($2.50) for each use of the seal, each page of a document to be certified individually. Only copies made by staff can be certified.

7.1.o. Notarization of a copied record, as a true and accurate copy of the said record for historical purposes only, is two dollars and fifty cents ($2.50) for each use of the seal, each page of a document to be notarized individually. Only copies made by staff can be notarized.

7.1.p. Oversized items that cannot be copied by Archives and History, which must be copied off the Capitol Complex, will be assessed a twenty dollar ($20.00) fee, plus the cost of copies, and postage and handling, if applicable.

7.1.q. Submission of a claim form for a Union Civil War medal must be accompanied by a fifty dollar ($50.00) non-refundable payment, which includes the verification process, notification of acceptance or rejection, return of documentation, and certified mailing of the medal to successful claimants. Refer to Form #10, WVAH-10, “How to Apply for a Civil War Medal at West Virginia Archives and History,” and Form #11, WVAH-11, “Claim Application for Civil War Medals.”

7.2. Photograph fees.

7.2.a. The requestor must accept all charges in advance and payment may be required prior to reproduction or use of photographs.

7.2.b. Reproduction fees. Refer to Form #6, WVAH-06, “Photograph Reproduction Fees West Virginia Archives and History.”

7.2.c. Use fees. Refer to Form #7, WVAH-07, “Photograph Use Fees West Virginia Archives and History.”

7.2.d. Reciprocal arrangements may be considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.

7.3. Audiovisual Archives fees.

7.3.a. The requestor must accept all charges in advance and payment may be required prior to transfer, duplication, or use of moving images, audio or microfilm.

7.3.b. Transfer and duplication fees. Refer to Form #8, WVAH-08, “Audiovisual Archives Transfer & Duplication Fees West Virginia Archives and History.”

7.3.c. Use fees. Refer to Form #9, WVAH-09, “Audiovisual Archives Use Fees West Virginia Archives and History.”

7.3.d. Reciprocal arrangements may be considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.

7.4. Payment of fees.

Fees may be paid in cash, by check, money order, or credit card. Remittances from outside the United States must be made by credit card, international money order, payable in U.S. dollars, or a check drawn on a U.S. bank.

7.5. Non-Payment of fees.

Non-payment of fees nullifies any additional requests for copies or use of collections until full payment of outstanding obligations has been made.

WVAH-01

Form #1 Library Registration Form Name Affiliation Street Address City State Zip Home Phone Business Phone E-Mail Address (optional)

DECLARATION:

I acknowledge that I have received, read, understand and will abide by the Archives and History Library rules as listed. I understand that violation of the rules is grounds for revocation of permission to use the library or Archives and History materials.

Signature Date WVAH-02 Form #2 Specialized Collections Use Form Name Affiliation Street Address City State Zip Home Phone Business Phone E-Mail Address (optional)

Purpose of Research (check all that apply) ____01 State agency operations ____02 Legislation ____03 Genealogy ____04 Military history ____05 Student paper ____06 Graduate thesis ____07 Community history ____08 Historic preservation ____09 Archaeology ____10 Printed publication ____11 Illustrations ____12 Legal proceedings ____13 Property title search ____14 Exhibit ____15 Instructional use ____16 Audiovisual Archives ____17 Other (please specify): ____________________________________________________ DECLARATION:

I acknowledge that I have received, read, understand and will abide by the Archives and History Library rules as listed. I understand that violation of the rules is grounds for revocation of permission to use the library or Archives and History materials. For any publication, broadcast, film, exhibition, etc., in which this material is used, I will give credit as follows: “West Virginia State Archives.” When a specific collection name is provided by Archives and History, that name will also appear in the credit line.

Signature Date WVAH-03 Form #3 Conditions For the Use of Photographic Copies 1. Permission is granted for the use of photograph(s) from the West Virginia State Archives (WVSA) for a non-exclusive, one time, one edition, one language use only. Photographs may not be altered without permission of the WVSA. To make any additional use of the photograph(s) in another format requires the written permission of the WVSA and may be subject to additional fees. Further use of the photograph(s) must be applied for in writing prior to re-publication, re-broadcast, or re-exhibition.

2. Credit must be given as follows: “West Virginia State Archives.” When a specific collection name is provided by the WVSA, that name must also appear in the credit line. In printed materials, the credit line will appear on the same or facing page as the photograph(s) or be included within the credit section. In all other formats, the credit line will be included on the film within the credit section. With exhibitions, including those in digital format, the credit line will be displayed within the exhibit area. Exceptions must be requested in advance.

3. A complimentary copy of any published work, videotape, or other final production format must be provided to the WVSA.

4. Copyrighted material will not be copied without the written permission of the copyright holder. Applicants assume all responsibility for questions of copyright and invasion of privacy that may possibly arise in the reproduction and in the use they make of the images reproduced.

5. Others must not be permitted to reproduce the photographic copy or any facsimile of it.

6. Photograph(s) shall not be donated to other archival institutions without the written permission of the WVSA.

7. The WVSA reserves the right to limit the number of photographic copies; to restrict the use or reproduction of rare or valuable material; to make special quotations on material involving unusual difficulty in copying; and to charge a higher copying fee than specified.

8. The applicant must accept all charges in advance and payment may be required before rights will be granted to use any photograph(s).

9. Any exceptions or additions to the above conditions must appear on, and be considered part of, this agreement.

10. Failure to comply with the above conditions may result in prosecution and/or restricted use of the WVSA collections.

WVAH-04

Form #4 Conditions For the Use of Moving Images Footage 1. Permission is granted for the use of moving images footage from the West Virginia State Archives (WVSA) for a non-exclusive, one time, one edition, one language use only. Footage may not be altered without permission of the WVSA. The footage will not be used in other media or formats without the written permission of the WVSA and may be subject to additional fees. Further use of the footage must be applied for in writing prior to re-broadcast or re-exhibition. The applicant will not reproduce any still images from the footage for any use.

2. It is the applicant's responsibility to obtain all required releases from persons whose voices or likenesses appear in the footage or from their estates, and from the owners of any music contained in the footage. The applicant shall pay any fees and other payments required in connection with the releases and furnish the WVSA with copies of all such releases.

3. The applicant will indemnify, defend, and hold the WVSA and its officers, directors, agents, employees, representatives, and associates harmless from and against any and all costs, damages, liabilities, and expenses, including reasonable fees arising out of any claim whatsoever regarding use of the footage. At the request of the WVSA, the applicant will agree to defend any such claim at its own expense, which will include the obligations to pay residuals or any other amounts that may be due.

4. Copyrighted material will not be copied without the written permission of the copyright holder. Applicants assume all responsibility for questions of copyright and invasion of privacy that may possibly arise in the reproduction and in the use they make of the images reproduced.

5. Credit must be given as follows: “West Virginia State Archives.” When a specific film or collection name is provided by the WVSA, that name must appear in the credit line.

6. A complimentary copy of the final production must be provided to the WVSA within thirty days of completion of project.

7. The applicant may not copy, duplicate, or otherwise use any footage except as provided in the “Intended Use” section of this agreement.

8. Footage shall not be donated to other archival institutions without the written permission of the WVSA.

9. The WVSA is and will remain the owner of the copyright of the footage. The applicant may not assign or sub-license to any third party the rights authorized in this agreement. No waiver of any of the terms of this agreement will be valid without the written permission of the WVSA.

10. The applicant must accept all charges in advance and payment may be required before rights will be granted to use the footage.

11. Any exceptions or additions to the above conditions must appear on, and be considered part of, the licensing agreement.

12. Failure to comply with the above conditions may result in prosecution and/or restricted use of the WVSA collections.

WVAH-05

Form #5 Permission For Use of Photographs and Moving Images Use is: _____ Non-Profit _____ Commercial Intended use of the image(s):

Images will be used for: ___ Printed/electronic publication ___ Exhibition ___ Film ___ DVD ___ Video ___ Broadcast ___ CD ___ Private use ___ On-line ___ Other (please specify): __________________________ Description & Fee:

Total Due:

Signature below indicates the attached conditions for the use of image(s) have been read, approved, and agreed to:

Signed ______________________________________ Date _______________________ Printed Name _________________________________ Title _______________________ Affiliation ________________________________________________________________ Mailing Address ___________________________________________________________ City __________________________ State ______ Zip Code ___________________ E-Mail __________________________ Telephone_______________________________ Permission for reproduction by: ___________________________________________ Fee Paid $_________ Archives and History WVAH-06 Form #6 Photograph Reproduction Fees Photographic prints 5 x 7 $7.00 8 x 10 10.00 11 x 14 20.00 Digital files File available $5.00 No file available 10.00 If additional costs for special services, storage media, postage and handling, and /or additional staff time are incurred, patrons will be billed.

Special orders Prints larger than 11x14, panoramics, slides, etc., are not reproduced in-house and will be quoted on an individual basis depending on price charged to Archives and History by private vendors.

Reciprocal arrangements may be considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.

WVAH-07

Form #7 Photograph Use Fees Cost per image Educational and/or non-profit website or exhibit $5.00 Educational and/or non-profit publication 15.00 Educational and/or non-profit video, DVD-ROM or similar formats 25.00 Educational and/or non-profit television broadcast or film, with home video 35.00 Commercial website or exhibit 20.00 Commercial publication 40.00 Commercial video, DVD-ROM or similar formats 60.00 Commercial television broadcast or film, with home video 80.00 Reciprocal arrangements may be considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.

WVAH-08

Form #8 Audiovisual Archives Transfer & Duplication Fees Duplication Cost Preparation Master video $45.00/hour ($45 minimum) BETA SP stock extra VHS tape (includes tape) $30.00/hour Screener video with time code $30.00/hour ($30.00 minimum)

Audio tape to cassette or similar formats $30.00/hour ($30.00 minimum)

Analog Audio to CD or digital format $30.00/hour ($30.00 minimum)

Video to DVD or similar formats $30.00/hour ($30.00 minimum)

Transfer Cost Film to video or digital format $70.00/hour Analog disc to audio tape, CD-ROM or similar formats $30.00/hour ($30.00 minimum)

Other Services Cost Microfilming documents (paper documents to microfilm) $1.00 per exposure ($50.00 minimum) plus the cost of duplication Microfilming duplication Non-profit organizations and institutions 16mm $15.00 per roll 35mm $30.00 per roll Individuals and for-profit 16mm $50.00 per roll 35mm $100.00 per roll Note: Every effort is made to turn requests around in two to four weeks. Orders needed in less than two weeks may be negotiated at higher rates.

This sheet for estimation purposes – prices may vary – request quote Reciprocal arrangements are considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.

WVAH-09

Form #9 Audiovisual Archives Use Fees Educational and/or non-profit television broadcast or film Cost per second Local viewing area or market $ 2.00 State viewing area or market 3.00 National viewing area or market 8.00 Worldwide viewing area or market 12.00 Worldwide viewing area or market plus home video and other applications 15.00 Commercial television broadcast or film Cost per second Local viewing area or market 3.00 State viewing area or market 5.00 National viewing area or market 20.00 Worldwide viewing area or market 25.00 Worldwide viewing area or market plus home video and other applications 30.00 Home video distribution without broadcast or cable 20.00 CD-ROM, videodisc, and similar formats, and/or on-line applications 20.00 without broadcast or cable Website or exhibit Cost per second Educational and/or non-profit 1.00 Commercial 5.00 Reciprocal arrangements may be considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.

Other services not addressed in this document will be evaluated and priced on an individual basis.

WVAH-10

Form #10 How To Apply For a Civil War Medal at West Virginia Archives and History Many heirs of West Virginia Union veterans of the Civil War may be eligible to claim medals struck to honor their ancestors years ago. Most of the medals were claimed by the veterans themselves, their immediate families, or their descendants, but several thousand medals remain unclaimed. A list of the unclaimed medals is available at Archives and History and on its website.

To claim an ancestor's medal, a claimant must submit his or her line of descent from the veteran along with documentation to support this line of descent. To establish line of descent, claimants must include copies of primary sources, including birth, death, marriage, will, deed, military, census, Bible records, etc. Old letters, diaries, marriage announcements, or obituaries may also prove helpful in supporting a descendant's claim. Please note that a family chart submitted without primary source documentation is not sufficient.

The claimant who establishes the most direct relationship to the veteran will be awarded the ancestor's medal six months from the date the fully documented claim is approved by Archives and History. The purpose of the six-month waiting period is to allow for sufficient verification of the descendant's claim and for submission of counterclaim(s) by other potential descendant(s). In the case of equal claims, the descendant whose claim was received first will be awarded the medal.

To submit a claim for a remaining medal, please submit the application form with appropriate documentation and a fifty dollar ($50.00) non-refundable fee to:

Archives and History The Culture Center 1900 Kanawha Boulevard E.

Charleston, WV 25305-0300 Medal claims may only be submitted by mail or hand-delivered in person. None will be accepted via e-mail or fax.

WVAH-11

Form #11 Claim Application For Civil War Medals (West Virginia Union Regiments Only)

Submission of a claim for a Union Civil War medal must be accompanied by a fifty dollar ($50.00) non-refundable payment, which includes the verification process, notification of acceptance or rejection, and certified mailing of the medal to successful claimants. Make checks payable to “Archives and History”.

Applications should be returned to: Archives and History; The Culture Center; 1900 Kanawha Boulevard E.; Charleston, WV 25305-0300.

Name of Veteran: ____________________________________________ Veteran's Service Unit: Company ________ Regiment _______________ Names and Address of Claimant: ________________________________ ___________________________________________________________ ___________________________________________________________ Claimant's Relationship to Veteran: ______________________________ Please list the documents which you have included for verification of your line of descent:

Briefly outline your line of descent from the veteran:

Claimant's signature: _____________________________________ Date: ___________________ FOR USE OF ARCHIVES & HISTORY STAFF. PLEASE DO NOT WRITE IN THIS AREA.

Date Received: _____________ Additional documentation needed? _______ If additional documentation needed, date received: ____________ Verified: ______________ By: ___________________ Date Due: __________ Medal claims may only be submitted by mail. None will be accepted via e-mail or fax.

WVAH-12

Form #12 Conditions for the Use of Personal Cameras 1. Use of personal cameras is allowed for photographing printed pages, documents or microfilm images for personal research use only. Images may not be published, reproduced, donated, exhibited, sold or posted on Web sites.

2. Professional photography must be arranged through the Images Archivist.

3. Permission to use camera must be obtained from Reference Desk staff and “Conditions for the Use of Personal Cameras” form must be signed prior to use.

4. Signed “Conditions for the Use of Personal Cameras” form must be visible on table where user is working. Each photograph must be entered in Photo Log as taken. Photo Log must be turned in to the Reference Desk when maximum allowable number of photographs has been reached or upon departure, whichever occurs first.

5. Photography permitted with ambient lighting only. No flash or supplemental lighting equipment (including tripods) is allowed. Patron must take a test shot first to be sure flash is disabled. All sound functions of the camera must be disabled.

6. Patrons are prohibited from standing on chairs, tables, stools or any other item. Furniture may not be rearranged. Staff will move item to a better lighting area if requested and if available.

7. The maximum number of images allowed per published book or pamphlet is 20% of total pages or 20 total pages, whichever is less. The maximum combined number of photographs of printed pages, documents or microfilm images that may be taken in one day by a single user is 25. No images of original photographs, shot sheets or negatives allowed. Sections of maps, architectural drawings or other oversize materials may be photographed. For duplication of a complete oversize item, see Images Archivist.

8. All items must be placed flat on the reading table. Bound volumes may not be flattened and flat items may not be folded to obtain better images.

9. Staff will assist with placement of materials to be photographed if necessary to ensure proper handling, and will determine whether photographs of fragile materials will be allowed on a case by case basis. Staff must handle any document leaves stapled or otherwise fastened together, and any item fastened in a scrapbook, notebook, album or holder of any type. Items in folders must remain in the folders and items in Mylar sleeves must remain in the sleeves.

10. Patrons are responsible for compliance with copyright laws. Disclaimer: User agrees to hold the West Virginia Division of Culture and History, the West Virginia Archives and History and its employees and agents harmless against all claims of copyright infringement or any other legal or regulatory claim arising from use of these photographs.

11. Paper or Mylar flag reading “Original is housed in West Virginia Archives and History. Reproduction not permitted.” will be provided, must be placed on materials to be photographed and must appear in each photograph. Staff may ask to view photograph to ensure inclusion of flag.

12. No photographs may be taken of the room, staff, or other patrons.

13. West Virginia Archives and History reserves the right to deny and/or to revoke photographic privileges for any reason.

DECLARATION: I acknowledge that I have received, read, understand and will abide by the Archives and History Library “Conditions for the Use of Personal Cameras” rules as listed. I understand that violation of the rules is grounds for revocation of permission to use my camera and potentially to use the library or Archives and History materials. I agree to show photographs taken in the Archives Library to staff upon request to ensure I have complied with the rules. I agree to complete the Photo Log (Form #13, WVAH-13) on the back of this form and to turn the form in once completed or upon my departure.

SIGNATURE: ___________________________________________________________

PRINTED NAME:________________________________________________________

DATE: _________________________________________________________________

WVAH-13

Form #13 Photo Log Log each photograph as taken. Please show photograph to staff upon request.

Book or Document Page number (brief title or description) or identifier 1. ___________________________________________________________________________ 2. ___________________________________________________________________________ 3. ___________________________________________________________________________ 4. ___________________________________________________________________________ 5. ___________________________________________________________________________ 6. ___________________________________________________________________________ 7. ___________________________________________________________________________ 8. ___________________________________________________________________________ 9. ___________________________________________________________________________ 10. ___________________________________________________________________________ 11. ___________________________________________________________________________ 12. ___________________________________________________________________________ 13. ___________________________________________________________________________ 14. ___________________________________________________________________________ 15. ___________________________________________________________________________ 16. ___________________________________________________________________________ 17. ___________________________________________________________________________ 18. ___________________________________________________________________________ 19. ___________________________________________________________________________ 20. ___________________________________________________________________________ 21. ___________________________________________________________________________ 22. ___________________________________________________________________________ 23. ___________________________________________________________________________ 24. ___________________________________________________________________________ 25. ___________________________________________________________________________ RETURN PHOTOGRAPH LOG TO REFERENCE DESK WHEN FULL OR WHEN DEPARTING

Series 07 Cultural Facilities And Capital Resources Grant Program

W. Va. Code R. § 82-7-1 General

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.

W. Va. Code R. § 82-7-2 Definitions

2.1. “Checklist” means that portion of the Application Instructions which enumerates the required components of a complete application.

2.2. “Commission” means the West Virginia Commission on the Arts established by W. Va. Code §29-1-3.

2.3. “Durable Equipment” means industrial products, including intermediate materials, which have a life of a year or more and that contribute significantly to an applicants ability to deliver services to the public through projects that fall within the priorities of this grant program.

2.4. “Feasibility Study” means, for new construction projects, a report which includes architectural, socioeconomic, construction contracting, cultural, marketing, and financial analysis; and, for renovation projects, a report which consists of discussion of the applicant’s ability to complete the project and to implement the proposed programs.

2.5. “Grant Period” means the twelve month period running from July 1 through June 30, during which all grant funds must be expended, normally the next fiscal year, following the approval of an award by the commission: Provided, that, a request for an extension of not greater than one hundred twenty days may be made in writing to the director of arts and upon good cause shown, the director may grant the extension.

2.6. “History Museum” means a public or private nonprofit institution which is organized on a permanent basis for essentially historical, educational or aesthetic purposes and which, using a professional staff, owns or uses tangible objects, cares for these objects and exhibits them to the general public on a regular basis; an institution is using a professional staff if it employs at least one staff member, or full-time equivalent, whether paid or unpaid, who is primarily engaged in the acquisition, care, or exhibition to the public of objects owned or used by the institution; an institution is exhibiting objects to the public if it exhibits the objects through facilities which it owns or operates; an institution which exhibits objects to the general public for at least 120 days a year shall be considered to meet this requirement.

2.7. “Panel” means one or more persons selected by the director of arts to read and review applications for grants and may include members of the commission and others with expertise in architecture, design, construction, and technical aspects of the arts disciplines and history museums.

2.8. “Required Attachments” means the required submissions detailed in subdivision 4.2 of this rule, including an audit, proof of undisturbed use, feasibility study, compliance with Section 504 and ADA regulations, compliance with National Register of Historic Places regulations, reduction of current architectural plans, and list of local private and public persons and organizations in support of the project.

2.9. “Undisturbed Use” means that projects involving the purchase or renovation of real or personal property require either proof of ownership, and option to purchase, or a long term lease with minimum terms of undisturbed use for consideration of a grant are as follows: (a) for Equipment and capital fixtures (not office furniture), 10 years; (b) for Building Renovation or Improvements, 20 years; (c) for an Increase of square footage 30 years; (d) for Building Construction (land is leased) 40 years. For purposes of meeting this requirement, the period of a renewal option contained in the current lease will be considered by the commission, provided the renewal does not require landlord approval.

W. Va. Code R. § 82-7-3 Priorities

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.

W. Va. Code R. § 82-7-4 Eligibility Requirements

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.

4.2. A grant applicant shall also:

(a) Have received funding from the West Virginia Commission on the Arts (WVCA) in each of the previous three years. (Receipt of funding through a regranting program, including the Ohio River Border Initiative program, a Mini Grant or Peer Assistance Network advisory does not qualify toward meeting this requirement.) The West Virginia Commission on the Arts will consider requests for exemption from this requirement submitted in writing thirty days prior to the grant application deadline. The request must demonstrate, to the satisfaction of the West Virginia Commission on the Arts, the capacity of the applicant organization to fulfill the arts and administrative purposes and requirements of the project;

(b) Have satisfied the administrative requirements, including final reports, of grants received from the Commission.

4.3. A grant applicant shall submit:

4.3.1. A completed and signed Cultural Facilities and Capital Resources Grant Program Application Form, including any required attachments;

4.3.2. Proof of ownership of real property, option to purchase, or a long term lease with an un-expired period required for the type of project proposed;

4.3.3. Proof of undisturbed use;

4.3.4. If the applicant is not-for-Profit, tax-exempt West Virginia Corporation, a copy of the applicant organization’s independent, certified audit or review for the most recent fiscal year;

4.3.5. If an applicant for a renovation or construction project, a feasibility study: An applicant for a new construction project shall submit an independently prepared feasibility study with the original application, and an executive summary of the feasibility study with each of the application copies. The new construction study shall be conducted by people or organizations possessing experience and expertise in architectural, socioeconomic, construction contracting, cultural, marketing, and financial analysis. The executive summary of the study should address information about the facility’s use and projected programming including revenues, an analysis of operations, and a forecast budget analysis;

4.3.6. A feasibility study for renovations projects which may be conducted by the applicant and should consist of a discussion of the applicant’s ability to complete the project and to implement the proposed programs for the completed project. The study should include the number and responsibilities of staff dedicated to the completion of the project and any new or expanded programs;

4.3.7. Proof that renovation and construction plans comply with Section 504 of the Federal Rehabilitation Act and the Americans with Disabilities Act (ADA) and regulations concerning access to public buildings for people with disabilities;

4.3.8. Proof that renovation and construction plans for facilities currently on the National Register of Historic Places comply with regulations governing renovation of historic places. Arts organizations planning renovations to buildings fifty years and older shall consult with the West Virginia Historic Preservation Office;

4.3.9. An 8 ½ “ x 11” reduction schematic of current architectural plans; and

4.3.10. The names of public and private persons and organizations supporting the project.

4.4. The project must have a Project Team established to be considered for funding. The Project Team must include the names and addresses of the architect, engineer, design consultants, and general contractor. Certification forms confirming the project status in the application shall be completed. At least the architect or engineer must have been selected at the time of application and shall sign the form. If the Project Team is “in house”, the form shall be signed by the “in house” architect, designer, engineer, or contractor. If the project does not require an architect, the appropriate equivalent person shall sign the form.

4.5. A private individual or group or any for profit organization may not receive a grant under this program. In addition, public and private institutions of higher education are not eligible and any capital project receiving more than $3 million from any agency or department of state government during five years previous to the application is not eligible to receive a grant under this program.

W. Va. Code R. § 82-7-5 Application Review and Evaluation

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.

5.2. Projects for acquisition, construction, renovation, and capital equipment including a request for $50,000 or more may also be evaluated on-site prior to filing the application for a grant.

5.3. A panel shall review eligible applications for examination and scoring. The panel for the Cultural Facilities and Capital Resources Grant Program shall include Commission on the Arts members. If the applicant is a history museum, the panel shall include Archives and History Commission members. Additional outside panelists with expertise in facilities planning, architecture, construction contracting, and arts and history museum disciplines may be included in the panel.

5.4. The recommendations of the panel regarding any grant application shall be reviewed, approved, amended, or rejected by the full West Virginia Commission on the Arts.

W. Va. Code R. § 82-7-6 Appeals

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.

W. Va. Code R. § 82-7-7 Qualified Project Activities

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.

W. Va. Code R. § 82-7-8 Grant Levels

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.

8.3. Fast Track ADA and Emergency Grants. -- The Commission shall reserve the amount of $100,000 from the previous fiscal year’s accumulated funds for the purpose of responding to smaller renovation and construction projects to comply with Section 504 of the Federal Rehabilitation Act and the Americans with Disabilities Act (ADA) and regulations concerning access to public buildings for people with disabilities, and to answer emergency needs when damage to arts and history museum infra-structure or sudden failure of equipment may result in harm to arts and history collections and public safety.

8.3.1. Fast Track ADA and Emergency Grant levels shall be limited to amounts between $2,000 and $10,000; matching funds requirements apply to these grants; only one grant per fiscal year to any eligible arts organization or history museum. The Commission shall return any funds remaining unexpended from the Fast Track and Emergency Grant reserve in one fiscal year to the general capital grant fund for the next fiscal year.

8.3.2. Fast Track ADA and Emergency grants shall be made at the recommendation of the Director of Arts with approval by the Commission on the Arts.

8.4. Applicants (other than applicants for multi year, phased projects) receiving awards at level 4 or above are not eligible to re-apply to the Cultural Facilities and Capital Resources Program for a period of two years following the end of the grant year in which they last received funding.

8.5. Applicants (other than applicants for multi year, phased projects) receiving awards at level 5 or above are not eligible to re-apply for a period of three years following the end of the grant year in which they last received funding. Re-application may only be made for a new project which demonstrates significant public arts and history museum programming benefit beyond the achievements of the earlier project.

W. Va. Code R. § 82-7-9 Matching Funds

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.

9.9. Mortgage Interest. -- The interest paid on the mortgage is considered to be the “cost of doing business”, and may not be used as matching funds.

9.10. Building or Land as Match. -- Unless owned by the applicant as set forth in this subsection the value of any building or land may not be used as matching funds. To be considered as matching funds, buildings or land owned by the applicant, must have been purchased or acquired within five years of the date of application; the buildings or land must have been intended for the grant purposes at the time of purchase or acquisition; and, only the purchase price or documented value at the date of acquisition, not the current market value, may be used as matching funds.

9.11. Loans. -- Loan proceeds may not be counted as matching funds. Only unencumbered equity may be counted as matching funds.

W. Va. Code R. § 82-7-10 Grants Payments

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.

82CSR7

82CSR7

Series 08 Records Preservation Grant Program For Political Subdivisions

W. Va. Code R. § 82-8-1 General

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. '82- 8- 2. Definitions.

2.1. AArchival 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. AArchival 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 Aadministrative,@ Afiscal,@ Ahistorical,@ and Alegal@ shall be defined as:

2.2.a. AAdministrative value@ means the records have continuing utility in the operation of an agency of a county or municipality.

2.2.b. AFiscal value@ means the records are needed to document and verify financial authorizations, obligations and transactions.

2.2.c. AHistorical 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. ALegal value@ means the records document actions taken in the protection and proving of legal or civil rights and obligations of individuals and agencies.

2.3. ACommission@ means the West Virginia Archives and History Commission.

2.4. ACustodian@ means the county or municipal public official in charge of an office having public records.

2.5. ADirector@ means the Director of the Archives and History Section.

2.6. APolitical Subdivision@ means any municipal corporation or county government which transacts government business in the State of West Virginia.

2.7. APreservation@ means maintaining archival records in their original form by stabilizing them chemically or strengthening them physically to ensure their survival as long as possible in their original form. It also means the reformatting of written, printed, electronic or visual archival originals to extend the life of the information.

2.8. APublic record@ means recorded information that documents a transaction or activity by or with any county or municipal public official, agency or employee. Regardless of physical form or characteristic, the recorded information is a public record if it is produced, collected, received or retained in pursuance of law or in connection with the transaction of public business.

The medium on which the information is recorded may be, but is not limited to, paper, film, magnetic, optical or solid state devices which can store electronic signals, tapes, Mylar, linen, silk or vellum. The general types of records may be, but are not limited to books, papers, letters, documents, printouts, photographs, films, tapes, microfiche, microfilm, photostats, sound recordings, maps, drawings, and any representations held in machine readable form.

W. Va. Code R. § 82-8-3 Introduction

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.

W. Va. Code R. § 82-8-4 Grant Program

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.

4.3. Funds available for records preservation matching grants are contingent upon legislative appropriation, less necessary expenses to administer the program.

4.4. Each grant period is for one year to run concurrent with state fiscal year.

4.5. All political subdivisions are eligible to apply for funds but will not automatically receive funds. Grants will be awarded on a competitive basis, evaluated by Archives and History staff and rated in accordance with program priorities established by section 4.2 above. The Commission will consider the grant applications and staff recommendations and ratings and approve, amend or reject for funding.

4.6. Availability of project application form and selection criteria will be announced in February of each year and accessible on the Archives and History web page or upon request to the Director of Archives and History, 1900 Kanawha Boulevard East, Charleston, WV 25305-0030. Hard copies of the completed application (one original and two copies) must be postmarked no later than the 31st day of March of each year.

4.7. Successful grant recipients will be notified on or before the first day of July of each year.

4.8. Successful applicants will be required to:

4.8.a. enter into a binding contract to expend all grant funds awarded in accordance with state purchasing laws and rules;

4.8.b. meet standard financial management systems and general accounting standards for audit of government entities and organizations;

4.8.c. be agreeable to participate in pre-grant meetings and on-site visits; and

4.8.d. provide report, by way of example, detailing project accomplishments, successes and failures, products, and etc., and financial reports within ninety (90) days of the completion of the project or 30 September, whichever is the earlier to the Director of Archives and History, 1900 Kanawha Boulevard East, Charleston, WV 25305-0300.

4.9. Unsuccessful applicants will be notified in writing within fifteen (15) days of the Commission=s decision on the application.

4.9.a. Any grant applicant failing to receive an award may appeal this action by submitting a written request for reconsideration with specific reasons as to why the Commission=s original decision should be overturned.

4.9.b. The request for reconsideration must be made to the Commission addressed to the Director at Archives and History, 1900 Kanawha Blvd., E., Charleston, WV 25305 within fifteen (15) days of receipt of notification of the denial of the grant request.

4.9.c. Within thirty (30) days of the request for reconsideration the Commission will issue its final administrative determination on the grant request. The director will notify the appellant of the Commission=s decision in writing.

82CSR8

Series 09 Veterans Memorial Archives Advisory Committee

W. Va. Code R. § 82-9-1 General

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.

W. Va. Code R. § 82-9-2 Establishment, Membership, Chairman

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.

W. Va. Code R. § 82-9-3 Meetings

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.

W. Va. Code R. § 82-9-4 Duties

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.

4.3. The Committee shall also advise regarding making changes on names already inscribed on the Memorial, and on any other subject presented to it relevant to the West Virginia Veterans Memorial or the Veterans Memorial Archives.

W. Va. Code R. § 82-9-5 Changes to Memorial

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.

82CSR9

82CSR9

Series 10 West Virginia Certified Arts Community Designation

W. Va. Code R. § 82-10-1 General

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.

W. Va. Code R. § 82-10-2 Definitions

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).

W. Va. Code R. § 82-10-3 Priorities

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.

W. Va. Code R. § 82-10-4 Eligibility Requirements

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.

4.2. An applicant must submit:

4.2.1. A completed and signed Certified Arts Community Designation Program Application Form, including any required attachments.

W. Va. Code R. § 82-10-5 Application Review and Evaluation

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.

5.2. Applications for the West Virginia Certified Arts Community Designation will be reviewed by the Director of Arts and Arts Section Staff at the West Virginia Division of Culture and History. Applications receiving a successful review will be nominated for the designation to the WVCA.

5.3. The recommendations of the Director of Arts regarding any application for the designation will be reviewed, approved, amended, or rejected by a majority of the full Commission.

W. Va. Code R. § 82-10-6 Appeals

6.1. General. -- Any applicant denied the Certified Arts Community Designation under the provisions of this rule may appeal to the Commission by writing to the Director of Arts, requesting that the application be reconsidered. The letter of appeal must be received no later than sixty days after notice of denial.

6.2. Limited Consideration. -- Appeals will be considered 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 Arts will review the letter of appeal and submit it with the original application to the Commission for consideration at their next regular meeting. The Commission will review the appeal and act on it during that meeting. The Director of Arts 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 to the designation that is the subject of the appeal, the request will be treated as a new application. New applications will be reviewed in the next grant cycle.

W. Va. Code R. § 82-10-7 Entitlements of the Designation as a West Virginia Certified Arts Community

A community approved by the WVCA to receive the designation of Certified Arts Community will be eligible to display banners, signs and other promotional devices to announce the designation.

7.2. The design and content of the banners, signs and other promotional devices will be approved by the WV Division of Culture and History and will include the logo of the Division.

7.3. The cost of the banners, signs or other promotional devices will be borne by the community receiving the designation and not by the WV Division of Culture and History or funds under the discretion of the WV Commission on the Arts.

W. Va. Code R. § 82-10-8 Evaluation and De-certification

8.1. A Certified Arts Community may be evaluated by the WV Commission on the Arts at any time, three years after the effective date of certification.

8.2. If the evaluation conducted finds that the Certified Arts Community no longer meets the previously stated criteria, or if actions by the community have not supported the criteria, the Commission may choose to de-certify the community, which would remove all entitlements previously received as a Certified Arts Community.

SUMMARY OF PROPOSED RULE

STATEMENT OF CIRCUMSTANCES

TITLE 82 SERIES 10

West Virginia Certified Arts Community Designation 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.

The purpose of the designation is to recognize communities that have realized the benefits of cooperation between arts and humanities groups, business leaders and jurisdictional agencies. This designation will be offered to towns, cities, counties that can qualify by application, satisfaction of eligibility and review criteria and documentation that the governing body of the community, city or county, has adopted a resolution indicating recognition of the importance of the arts to economic development, educational quality, and civic involvement.

82CSR10

82CSR10

Series 11 West Virginia Historic Preservation Community Designation

W. Va. Code R. § 82-11-1 General

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 Historic Preservation Community” under West Virginia Archives and History Commission, West Virginia Certified Historic Preservation Community Program.

1.2. Authority. -- W. Va. Code §29-1-5.

1.3. Filing Date. -- October 21, 2005.

1.4. Effective Date. -- November 21, 2005.

W. Va. Code R. § 82-11-2 Definitions

2.1. “Commission” means West Virginia Archives and History Commission established by W. Va. Code §29-1-5.

2.2. “Director of Historic Preservation Section and Staff” as established by W. Va. Code §29-1-8.

2.3. “Preservation community” means that city, town, county or other civil jurisdiction making application to the program.

2.4. “required attachments” means letters of support, resolutions of governing authorities, and other documentation of fulfillment of qualification under Eligibility Requirements §82-11-3 (below).

W. Va. Code R. § 82-11-3 Eligibility Requirements

Organizations eligible for review must be able to meet the following requirements by the application deadline:

3.1. An applicant must be one of the following:

3.1.1. An agency of municipal government, county government, or other civil jurisdiction.

3.1.2. 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.

3.2. An applicant must submit:

3.2.1. A completed and signed Certified Historic Preservation Community Designation Program Application Form, including any required attachments.

W. Va. Code R. § 82-11-4 Application Review and Evaluation

4.1. Applications for the West Virginia Certified Historic Preservation Community Designation will be reviewed by the Director of the Historic Preservation Section and staff at the West Virginia Division of Culture and History. All applications will be forwarded to the Commission. Applications receiving a successful review will be recommended for designation as a Certified Historic Preservation Community.

4.2. The applications and recommendations of the Director of Historic Preservation Section will be reviewed, approved, amended, or rejected by a quorum of the Commission.

4.3. A Certified Historic Preservation Community will be required to (a) have supported (within the last three years) an historic preservation project that promotes heritage tourism or otherwise fosters economic vitality (the project must have involved a public-private partnership between government entities and at least one civic association, non-profit organization, or business enterprise); and (b) have adopted (within the last three years) a resolution indicating its commitment to the preservation of its heritage assets.

4.4. The community will be evaluated and required to meet at least three of the criteria below, including at least one from each category:

Category 1: Discovering Heritage through Historic Places a. An ongoing, publicly available inventory of historic places.

b. An active community supported museum, or interpretive facility archive, or local history records collection (public or private).

c. Active citizen volunteer involvement, such as a docent or guide program for interpretation of local history and culture, or volunteer participation in improving the condition of heritage assets within the community.

d. Ongoing opportunities for children to learn about local heritage in the schools, either through established curriculum or a special outreach program.

Category 2: Protecting Historic Resources a. An active historic landmark commission, created by the local governmental entity through an ordinance, charged with leading historic preservation activities within the community.

b. An adopted community–wide historic preservation plan that is being implemented.

c. An historic preservation review ordinance and volunteer or professional staff to implement it.

Category 3: Promoting Historic Assets a. An active local heritage tourism program or participation in a regional program, with such promotional material as a walking/driving trail or itinerary, map of historic resources, etc.

b. A regularly scheduled heritage observation or event.

c. An historic preservation awards or recognition program.

4.5. Applications are available at, and shall be submitted to, the Director of the Historic Preservation Section at the West Virginia Division of Culture and History.

4.6. Deadlines for submittal of completed applications shall be 60 days before any scheduled meeting of the WV Archives and History Commission.

W. Va. Code R. § 82-11-5 Appeals

5.1. General. Any applicant denied the Certified Historic Preservation Community Designation under the provisions of this rule may appeal to the Commission by writing to the Director of Historic Preservation, requesting that the application be reconsidered. The letter of appeal must be received no later than sixty days after notice of denial.

5.2. Limited Consideration. Appeals will be considered only if the applicant can document specific examples that demonstrate that the application was misinterpreted or improperly reviewed.

5.3. Appeal Process. The Director of Historic Preservation will review the letter of appeal and submit it with the original application to the Commission for consideration at their next regular meeting. The Commission will review the appeal and act on it during that meeting. The Director of Historic Preservation shall notify the applicant within ten days of the decision of the Commission.

5.4. 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. New applications will be reviewed in the next regularly scheduled Commission meeting.

W. Va. Code R. § 82-11-6 Entitlements of the Designation as a West Virginia Certified Historic Preservation Community

6.1. A community approved by the Commission to receive the designation of Certified Historic Preservation Community will be eligible to display banners, signs and other promotional devices to announce the designation.

6.2. The design and content of the banners, signs and other promotional devices will be approved by the WV Division of Culture and History and will include the logo of the Division.

6.3. The cost of the banners, signs or other promotional devices will be borne by the community receiving the designation and not by the WV Division of Culture and History or funds under the discretion of the WV Archives and History Commission, unless such funds are dedicated.

W. Va. Code R. § 82-11-7 Evaluation and Decertification

7.1. Certified Historic Preservation communities may be evaluated by the WV Archives and History Commission at any time after the effective date of certification.

7.2. If the evaluation conducted finds that the Certified Historic Preservation Community no longer meets the previously stated criteria, or if actions by the community have not supported the criteria, the Commission may choose to de-certify the community, which would remove all entitlements previously received as a Certified Historic Preservation Community. Upon the decision of the Commission, the Director of the Historic Preservation Section will notify the Certified Historic Preservation of its decertification, within fourteen days of the Commission’s decision.

7.3. A Certified Historic Preservation Community which has been decertified may submit a new application. The application will be reviewed as stated in section §82-11-4.

82CSR11

82CSR11