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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 358 Museums; Historical Societies; Preservation of Historical and Archaeological Properties and Objects; Oregon Hist
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The state recognizes a continuing obligation to contribute to the support
of the Oregon Historical Society. The amount appropriated each biennium
will be considered the continuing level of state aid for operation of the
society for the next biennium. Supplements may also be added to
acknowledge inflationary factors and as a match for demonstrated
increases in membership dues or a combination thereof. [1979 c.72 §2] (1) The Oregon
Historical Society shall advise the Department of Transportation on
acquisition, development and operation of historic places.
(2) The Department of Transportation shall consider the advice of
the Oregon Historical Society, particularly advice regarding the
designation of historic buildings, sites and other historic places.
[Formerly 358.770]OREGON HISTORIC FAMILIES DATABASE(1) The State Archivist shall establish the Oregon Historic
Families database to provide genealogy research material and to encourage
genealogy studies of historic families of Oregon.
(2) The State Archivist shall compile Oregon data taken from
decennial censuses prior to 1910. The State Archivist shall consolidate
information pertaining to genealogy of Oregon Historic Families in
cooperation with the Oregon Historical Society, county historical
societies and genealogical societies.
(3) The Oregon Historic Families database shall be funded by
federal grants from the National Endowment for the Humanities or other
sources made available for purposes such as establishing the database.
The State Archivist may submit applications for federal grants to
establish the database.
(4) As used in this section, "Oregon Historic Families" means
individuals whose names appear in decennial census data prior to the
census of 1910. [1989 c.685 §1]OREGON HISTORIC TRAILS The
Oregon Historical Society shall prepare, administer and periodically
revise a comprehensive program for the development of the Oregon Trail as
a major historical attraction in this state. The program prepared by the
Oregon Historical Society shall provide for:
(1) Coordination of local, regional and national efforts to develop
the Oregon Trail.
(2) Encouragement of Oregon Trail recognition and interpretation in
cities situated along the Oregon Trail.
(3) Development of an integrated concept plan and economic
feasibility study for Oregon Trail interpretive facilities across the
state. [1989 c.1014 §2] The
Economic and Community Development Department shall promote the Oregon
Trail as a major tourist attraction in this state, consistent with
maintaining the historical integrity of the Oregon Trail by:
(1) Preparing and distributing maps, brochures and other
promotional literature that publicize the historical, cultural and
recreational opportunities available along the Oregon Trail.
(2) Promoting the celebration of the 150th Anniversary of the Great
Migration of 1843 on the Oregon Trail. [1989 c.1014 §3; 1993 c.736 §50] Oregon
recognizes the value and significance of its historic trails, including:
(1) The Lewis and Clark National Historic Trail;
(2) The Oregon National Historic Trail;
(3) The Applegate National Historic Trail;
(4) The Nez Perce National Historic Trail;
(5) Alternate routes of the Oregon Trail including:
(a) The Whitman Mission Route;
(b) The Upper Columbia River Route;
(c) The Meek Cutoff;
(d) The Free Emigrant Road; and
(e) The Cutoff to the Barlow Road; and
(6) Major historic trails of Oregon including:
(a) The Klamath Trail;
(b) The Jedediah Smith Route;
(c) The Nathaniel Wyeth Route;
(d) The Benjamin Bonneville Route;
(e) The Ewing Young Route;
(f) The John Fremont Route; and
(g) The Santiam Wagon Road. [1995 c.479 §1]Note: Section 2, chapter 479, Oregon Laws 1995, provides:
Sec. 2. In preparation for the bicentennial celebration of the
Lewis and Clark Corps of Discovery expedition, the State Parks and
Recreation Department may:
(1) Work with property owners to mark the historic trails of
Oregon; and
(2) Cooperate with the Oregon Trail Coordinating Council to develop
a statewide program to research, recognize and promote Oregon's historic
trails as heritage tourism resources that will have a positive economic
and cultural impact on the state. [1995 c.479 §2]COUNTY HISTORICAL FUND
(1) This
section establishes the procedure for determining whether a county
historical fund should be created. The question shall be decided by
election. The governing body of a county:
(a) May order the election on its own resolution; or
(b) Shall order the election when a petition is filed as provided
in this section.
(2) An election under this section shall determine:
(a) Whether a county historical fund should be created; and
(b) The amount of taxes to be levied annually for the fund.
(3) The resolution or the petition calling an election under this
section shall designate the amount of taxes to be levied annually for the
county historical fund.
(4) The requirements for preparing, circulating and filing a
petition calling an election under this section shall be as provided for
an initiative petition in ORS 250.165 to 250.235.
(5) Notwithstanding subsection (4) of this section, if ORS 250.155
makes ORS 250.165 to 250.235 inapplicable to a county, the requirements
for preparing, circulating and filing a petition under this section shall
be as provided for an initiative petition under the county charter or an
ordinance adopted under the county charter.
(6) The notice, time and manner of election shall be governed by
the applicable provisions of ORS chapters 246 to 260.
(7) An election under this section may be held only on the date of
a statewide general election. [1983 c.350 §228 (enacted in lieu of
358.170); 1995 c.79 §198; 1999 c.21 §71] (1) When
authorized by the electors as set forth in ORS 358.171, the county court
may levy, in addition to the taxes now permitted by law to be levied, an
ad valorem tax upon the taxable property in the county for the purpose of
creating a county historical fund.
(2) The levy shall be a continuing levy in the amount required by
the detailed estimates annually filed with the county court under ORS
358.200 less any amount carried forward from the preceding year excepting
reserve funds previously set aside and approved by the county court, but
not exceeding one-fortieth of one percent (0.00025) or such part thereof
as is authorized by the electors of the county, of the real market value
of all taxable property within the county, computed in accordance with
ORS 308.207. [Amended by 1963 c.9 §17; 1977 c.325 §1; 1991 c.459 §323] The county
historical fund is not subject to the provisions of the Local Budget Law
and shall be a continuing fund. [Amended by 2003 c.46 §50] Upon the creation
of a county historical fund, the president and secretary of any
historical society organized as a nonprofit organization under the laws
of Oregon, affiliated with and approved by the Oregon Historical Society
and including in its purposes the acquisition by gift, purchase or other
means and the preservation of historical objects, real and personal
property of historical interest, records, material and data for the
purpose of which the fund was created, and the acquisition by gift,
purchase, or other means, of real and personal property for use in
connection with any of those purposes, may, on or before March 1 of each
year, file with the county court of such county a detailed estimate of
the money required during the year commencing the following July 1 for
such purposes. [Amended by 1977 c.325 §2] Upon the filing of
the detailed estimate and approval thereof by the county court, all
moneys in the county historical fund are subject to disbursal by warrants
drawn by the historical society and signed by the president and secretary
of the society. No money withdrawn from the fund shall be expended except
for purposes set forth in ORS 358.200 and included in the detailed
estimate. On or before January 1 of
each year, every historical society specified in ORS 358.200 which has
received moneys from a county historical fund shall submit a report in
writing to the county court showing in detail how such moneys have been
expended during the preceding fiscal year ending June 30. [Amended by
1977 c.325 §3] The
authority to levy taxes for the county historical fund shall be deemed
terminated in any county by the majority vote of the electors of the
county voting to that effect on such question at any general election.
Such termination shall be without prejudice to any subsequent
authorization of such levy under ORS 358.171 and 358.180.CITY MUSEUMS As used in ORS
358.310 to 358.405, unless the context requires otherwise:
(1) "Governing body" means the city council in relation to a city
museum or the respective city councils of the two or more cities in
relation to a joint city museum.
(2) "Museum" includes any collection of archaeological specimens,
artifacts, pioneer relics, articles, documents and other things of
historical, scientific or artistic import assembled, displayed, preserved
and protected for the benefit of the public, for educational and
scientific purposes or to commemorate the occupation and development of
the Pacific Northwest region, and the structure or structures housing
such collection.
(3) "Museum objects" includes any of the objects described in
subsection (2) of this section. [1953 c.481 §1; 1973 c.757 §1; 1983 c.260
§3] Any
city acting through its governing body or a museum commission established
under ORS 358.320, may, for public museum purposes:
(1) Accept deeds, gifts, devises or bequests of land, money or
other valuable things and hold, control or dispose of such things
according to the terms of the deed, gift, devise or bequest, except that
whenever the deed, gift, devise or bequest is conditioned upon any act of
the city or the museum commission, the governing body of the city shall
determine prior to acceptance whether the condition may be complied with.
(2) Accept in the name of the city, and thereafter hold as public
property, museum objects given for museum purposes by any person,
historical society, association or other organization.
(3) Purchase, collect, exchange for or otherwise acquire museum
objects in the name of the city, and thereafter hold or dispose of the
same as public property.
(4) Receive in the name of the city museum objects loaned for
display, holding them in accordance with the terms of the loan agreement
and displaying them for the benefit of the public and for educational and
scientific purposes.
(5) Enter into all necessary contracts or agreements for services,
assistance or cooperation with the federal government or any of its
agencies, with the State of Oregon or any of its educational institutions
or agencies, with any political subdivision of this state, with any
person, including nonprofit educational or foreign corporations, or with
educational and scientific foundations. [1953 c.481 §2; 1973 c.757 §2;
1983 c.260 §4] (1) The governing body of a city may
appoint a museum commission, which shall consist of seven members chosen
with reference to their fitness for the position.
(2) The members of a city museum commission shall be residents of
the city in which the museum is or is to be located. When two or more
cities jointly establish, maintain and operate a public museum, four of
the members of a joint city museum commission shall be residents of the
city in which the museum is or is to be located and three of the members
shall be residents of the other city or cities. [1953 c.481 §6; 1957
c.200 §1; 1969 c.693 §2; 1973 c.72 §1; 1973 c.757 §3; 1983 c.260 §5] Two of the first members of a
museum commission shall be appointed for one year, two shall be appointed
for two years and three shall be appointed for three years, as determined
by the governing body. Except for the first members and appointments to
fill vacancies, the terms of members of a museum commission shall be
three years and until their successors are appointed and qualified. [1953
c.481 §7]A museum
commission shall:
(1) Elect a chairperson and secretary to serve until the next
succeeding first Monday in January and until their successors are
elected. The secretary shall keep permanent and complete records of the
proceedings of the museum commission.
(2) Adopt rules governing the transaction of its business.
(3) Prepare and submit an annual budget and an annual report to the
governing body. [1953 c.481 §10] A vacancy in the position of
member of a museum commission shall be filled by a qualified person
appointed by the governing body for the remainder of the unexpired term
of the appointee's predecessor in the position. [1953 c.481 §8] The members of a museum
commission shall receive no compensation as members, but shall be
reimbursed for expenses incurred in the performance of their duties and
approved by the chairperson of the museum commission. [1953 c.481 §9]
(1) Any city may establish, maintain and operate a public museum.
(2) Any two or more cities may jointly establish, maintain and
operate a public museum. [1953 c.481 §3; 1957 c.200 §2; 1973 c.757 §4;
1983 c.260 §6] In the event
that a public museum is established under ORS 358.345, the city or two or
more cities, acting through the governing body or museum commission, may:
(1) Acquire a site or sites for the museum.
(2) Construct a structure or structures to house the museum
collection, or lease a structure or structures for such purpose for not
more than 50 years.
(3) Use public sites or structures or both for museum purposes.
[1953 c.481 §5; 1973 c.757 §5; 1983 c.260 §7]A museum commission shall:
(1) Determine the kind and class of museum to be established and
submit such determination to the governing body.
(2) Investigate and determine the most suitable location for the
museum and the adequacy of roads or streets and parking areas therefor,
and submit its proposals relating thereto to the governing body.
(3) Subject to approval by the governing body, arrange for the
design of the museum and the preparation of plans therefor.
(4) Investigate and make determinations with regard to such other
preliminary matters in connection with a public museum as are deemed
necessary or desirable, and submit its proposals relating thereto to the
governing body.
(5) When the establishment of a museum is authorized under ORS
358.345, and upon authorization by the governing body, prepare bids and
advertise for bids for the construction of the proposed museum. [1953
c.481 §11]
When a museum is established under ORS 358.345, a museum commission shall:
(1) Maintain and operate the museum for and in the name of the city
or two or more cities.
(2) Subject to the approval of the governing body before they
become effective, adopt and publish rules relating to the operation of
the museum, admission charges thereto and the administration of the
museum objects in the museum.
(3) In conformity with its rules and ORS 358.310 to 358.405, act as
administrator of all museum objects in the museum.
(4) Establish maintenance and operating policies sufficient to keep
the museum presentable and in a proper state of repair.
(5) Subject to the approval of the governing body, advertise the
museum in an appropriate manner.
(6) Compile, print and sell or distribute free of charge
historical, educational, scientific and artistic literature.
(7) Subject to the approval of the governing body, employ necessary
employees and fix their compensation.
(8) Prescribe and publish a charge or charges which may be made for
admission to the museum.
(9) Collect all admission charges and other museum revenue, and pay
such charges and other revenue into the treasury of the city or two or
more cities, to be deposited to a separate account and disbursed by the
museum commission as directed by the governing body. [1953 c.481 §§12,13;
1973 c.757 §6; 1983 c.260 §8] The governing body
may provide for the payment of the expense incident to museum operation,
care and maintenance of museum objects, structures and grounds, and
compensation of employees by means of annual budgeting and appropriation.
[1953 c.481 §14] (1)
In the case of a city museum, and when authorized by the electors of the
city voting at a primary election or general election, the governing body
may issue general obligation or revenue bonds of the city for the purpose
of providing all or part of the funds necessary to acquire a museum site
or sites and to construct the museum.
(2) In the case of a joint city museum, and when authorized by the
electors of the two or more cities voting at a primary election or
general election, each city council of the two or more respective cities
may issue general obligation bonds or revenue bonds of each of the two or
more respective cities for the purpose of providing such portion of the
funds necessary to acquire a museum site or sites and to construct the
museum as is determined by the governing body. [1953 c.481 §§15,16; 1973
c.757 §7; 1983 c.260 §9; 1983 c.350 §§229,229a; 1987 c.267 §78; 1995
c.712 §109] The provisions
of general law, including issuance procedures, relating to bond issues of
cities shall apply to bonds issued under ORS 358.375. [1953 c.481 §17;
1983 c.260 §10] The
governing body may pledge all or part of museum revenues, collected or to
be collected, as security for the payment of general obligation bonds or
revenue bonds issued under ORS 358.375. [1953 c.481 §18]Revenue bonds issued under ORS 358.375 and pledges
of revenue under ORS 358.385 shall not be construed as a general
obligation of the issuing city. [1953 c.481 §19; 1983 c.260 §11] Revenue bonds issued
under ORS 358.375 shall:
(1) Be in such denominations, mature at such times and bear such
annual interest rate as the issuing body determines.
(2) Provide for the semiannual payment of interest.
(3) Contain a recital that the bonds and interest thereon are
payable only from revenues resulting from museum operation and activities.
(4) Contain a recital that the bonds and interest thereon shall not
constitute a general obligation of the issuing authority.
(5) Be in such form and be signed by such official or officials as
the issuing body determines. [1953 c.481 §20] Revenue bonds
issued under ORS 358.375 may:
(1) Have interest coupons attached, which coupons need only bear
the facsimile signature of the official or officials designated to sign
the coupons.
(2) Contain such other terms and conditions as the issuing body
determines. [1953 c.481 §21]Whenever joint action by the city councils of two or
more cities is required or authorized under ORS 358.310 to 358.405, and
there is disagreement between or among the city councils of the two or
more respective cities, the matter shall be submitted to a judge of the
circuit court for the judicial district in which the joint city museum is
located, who shall arbitrate and decide the matter. [1953 c.481 §22; 1973
c.757 §8; 1983 c.260 §12]LOANS TO MUSEUMS For the purposes of
ORS 358.420 to 358.440:
(1) "Loan," "loaned" and "on loan" include all deposits of property
with a museum that are not accompanied by a transfer of title to the
property.
(2) "Museum" means an institution located in Oregon that:
(a) Is primarily educational, scientific or aesthetic in purpose;
(b) Owns, borrows or cares for, and studies, archives or exhibits
property; and
(c) Is operated by a nonprofit corporation or public agency.
(3) "Property" includes all tangible objects, animate and
inanimate, under a museum's care that have intrinsic value to science,
history, art or culture, except that it does not include botanical or
zoological specimens loaned to a museum for scientific research purposes.
[1985 c.580 §1; 2005 c.22 §256](1) No action shall be brought against a museum
to recover property on loan to the museum when more than 25 years have
passed from the date of the last written contact between the lender and
the museum.
(2) Property on loan to a museum shall be deemed to have been
donated to the museum if no action is filed to recover the property
within seven years after the museum gave notice of termination of the
loan as provided in ORS 358.425 and 358.430.
(3) Property on loan to a museum shall not escheat to the state
under ORS 112.055, but shall pass to the museum if no person takes under
ORS 112.025 to 112.045. [1985 c.580 §2] (1) A museum may
give notice of termination of a loan of property at any time if the
property was loaned to the museum for an indefinite term. If the property
was loaned to the museum for a specified term, the museum may give notice
of termination of the loan at any time after the expiration of the
specified term.
(2) Notices given under this section shall contain:
(a) The name and address, if known, of the lender;
(b) The date of the loan;
(c) The name, address and telephone number of the appropriate
office or official to be contacted at the museum for information
regarding the loan; and
(d) Any other information deemed necessary by the museum. [1985
c.580 §3] (1)
To give notice of termination of a loan, the museum shall mail a notice
to the lender at the most recent address of the lender as shown on the
museum's records pertaining to the property on loan. If the museum has no
address in its records, or the museum does not receive written proof of
receipt of the mailed notice within 30 days of the date the notice was
mailed, the museum shall publish notice at least once a week for three
consecutive weeks in a newspaper of general circulation in both the
county in which the museum is located and the county of the lender's
address, if any.
(2) For the purposes of this section, if the loan of property was
made to a branch of a museum, the museum is located in the county where
the branch is located. Otherwise, the museum is located in the county in
which it has its principal place of business.
(3) It is the responsibility of the owner of property on loan to a
museum to notify the museum promptly in writing of any change of address
or change in ownership of the property. [1985 c.580 §4] One who purchases
property from a museum acquires good title to the property if the museum
represents that it has acquired title to the property pursuant to ORS
358.420. [1985 c.580 §5] When a museum accepts a loan of
property, the museum shall inform the lender in writing of the provisions
of ORS 358.420 to 358.440. [1985 c.580 §6]HISTORIC PROPERTY(Policy and Definitions) The Legislative Assembly hereby declares that it is
in the best interest of the state to maintain, preserve and rehabilitate
properties of Oregon historical significance. Historic preservation
incentive programs provide a public benefit by encouraging preservation
and appropriate rehabilitation of significant historic properties. These
historically significant portions of the built environment contain the
visual and intellectual record of our irreplaceable cultural heritage.
They link us with our past traditions and values, establish standards and
perspectives for measuring our present achievements and set goals for
future accomplishments. To the extent that Oregon's historic preservation
incentive programs encourage the preservation and appropriate
rehabilitation of significant historical property, the programs create a
positive partnership between the public good and private property that
promotes economic development; tourism; energy and resource conservation;
neighborhood, downtown and rural revitalization; efficient use of public
infrastructure; and civic pride in our shared historical and cultural
foundations. [1975 c.514 §1; 1995 c.5 §1; 2001 c.540 §1] As used in ORS
358.480 to 358.545, unless the context requires otherwise:
(1) "Governing body" means the city or county legislative body
having jurisdiction over the property for which a limited assessment may
be applied for under ORS 358.480 to 358.545.
(2) "Historic property" means real property that:
(a) Is currently listed in the National Register of Historic Places
established and maintained under the National Historic Preservation Act
of 1966 (P.L. 89-665) or, if the National Register of Historic Places
ceases accepting nominations, that is approved for listing on an Oregon
register of historic places;
(b) Is open to the public for sight-seeing at least one day in each
calendar year in accordance with rules adopted by the State Historic
Preservation Officer; and
(c) Meets the minimum standards of maintenance established by rule
of the State Historic Preservation Officer.
(3) "Maintenance" means action taken to mitigate wear and
deterioration of a historic property without altering the historic
character of the property, including action taken to protect and repair
the condition of the property with the least possible impact on the
historic character of the property.
(4) "Owner" includes a purchaser under a recorded instrument of
sale.
(5) "Preservation":
(a) Means the act or process of applying measures necessary to
sustain the existing form, integrity and materials of a historic
property, including but not limited to the ongoing maintenance and repair
of historic materials.
(b) Does not include the extensive replacement of historic
materials or new construction.
(6) "Rehabilitation" means the process of repairing or altering a
historic property in order to return the property to a state of utility
in which an efficient contemporary use is possible, while preserving
those portions and features of the property that are significant to the
historic, architectural and cultural values of the property. [1975 c.514
§2; 1983 c.720 §1; 2001 c.540 §2](1) As used
in ORS 358.480 to 358.545:
(a) "Americans with Disabilities Act" means the Americans with
Disabilities Act of 1990 (P.L. 101-336), as amended.
(b) "Commercial property" means real property used in a trade or
business or held for the production of income, including multifamily
residential rental property.
(c) "Preservation plan" means a written preservation, maintenance
and rehabilitation proposal submitted by the owner with the application
for classification and special assessment as historic property that has
been approved by the State Historic Preservation Officer, or as amended
and reapproved by the State Historic Preservation Officer, and that is in
compliance with standards and guidelines for rehabilitation and rules
adopted by the State Historic Preservation Officer.
(d) "Renovation plan" means a written proposal submitted by an
owner of commercial property in connection with a reapplication for
special assessment pursuant to ORS 358.540 (3) that is in compliance with
rules adopted by the State Historic Preservation Officer for the
submission and content of renovation plans.
(e) "Review committee" means the Historic Assessment Review
Committee established under ORS 358.511.
(f) "Seismic improvement" means construction or other measures that
improve the seismic performance or structural stability of property, or
that reduce the potential for heavy structural damage to property in the
event of an earthquake.
(g) "Standards and guidelines for rehabilitation" means the
standards and guidelines, based on those developed by the United States
Secretary of the Interior, adopted by the State Historic Preservation
Officer to determine sufficiency of preservation plans, maintenance,
alteration and construction for a specific property.
(2) Except as otherwise specifically provided, the definitions
contained in this section apply to property first classified and assessed
as historic property on or after July 1, 1996. [1995 c.693 §2; 2001 c.540
§3](Application)(1)(a) An owner of historic property
desiring classification and special assessment under ORS 358.480 to
358.545 for the property may make application for the classification and
special assessment to the State Historic Preservation Officer on forms
approved by the State Historic Preservation Officer. The forms shall
include or be accompanied by the written consent of the owner to the
viewing of the property by the State Historic Preservation Officer. Any
application made under this subsection shall include a preservation plan
and be sent by the State Historic Preservation Officer to the appropriate
county assessor, local landmark commission and governing body. An
application must be made during the calendar year preceding the first
property tax year for which classification and special assessment as
historic property is desired.
(b) Classification and special assessment pursuant to an
application made under this subsection shall be granted only for 15
consecutive property tax years, commencing in the tax year beginning on
the July 1 following the calendar year in which the application was made.
(2)(a) An owner may make preliminary application for classification
of property as historic upon approval by the State Advisory Committee on
Historic Preservation of the nomination of the property for listing on
the National Register of Historic Places or, if the National Register of
Historic Places ceases accepting nominations, the nomination of the
property for listing on an Oregon register of historic places.
(b) The preliminary application shall be considered an application
made or received for purposes of subsection (1) of this section if, by
September 15 of the year for which classification and special assessment
are first sought, the property is:
(A) Listed in the National Register of Historic Places; or
(B) If the National Register of Historic Places ceases accepting
nominations, approved for listing on an Oregon register of historic
places.
(c) If the requirements of paragraph (b) of this subsection are not
satisfied, the preliminary application may not be considered an
application made for purposes of subsection (1) of this section until the
calendar year in which, as of September 15, the property is listed as
described in paragraph (b) of this subsection.
(3) Immediately upon receipt of a copy of the application under
subsection (1) of this section, the county assessor shall review the
application for accuracy and completeness of description and other
matters within the expertise of the county assessor and shall make
recommendations regarding the classification to the State Historic
Preservation Officer.
(4) Immediately upon receipt of a copy of the application under
subsection (1) of this section, the governing body shall review the
application for matters relating to public benefit and shall make
recommendations regarding the classification to the State Historic
Preservation Officer.
(5) By making application for classification and assessment under
this section, the owner consents that the State Historic Preservation
Officer has access to the property for inspection at reasonable times to
ensure that the terms of the national register or other federal or state
laws or requirements are being met.
(6) The application for classification and assessment under ORS
358.480 to 358.545 may not be processed unless accompanied by a
nonrefundable fee of one-third of one percent of the real market value of
the property, as of the assessment date, for the year in which
application is made. The fee shall be deposited in the State Parks and
Recreation Department Fund for use by the State Parks and Recreation
Director or for transfer to the Oregon Property Management Account
established under ORS 358.680 to 358.690, upon the advice of the State
Advisory Committee on Historic Preservation. [1995 c.693 §3; 1997 c.541
§427; 2001 c.540 §4; 2005 c.22 §257](1) After an application is filed under
ORS 358.487, the State Historic Preservation Officer shall review the
application and may view the premises. After determining that the
application is complete, the State Historic Preservation Officer shall
approve, approve with conditions or deny the application. The State
Historic Preservation Officer may not disapprove the application solely
because of the potential loss of revenue that may result from granting
the application.
(2) During the review process of each application, the State
Historic Preservation Officer shall consider the county assessor's and
governing body's recommendations submitted under ORS 358.487 (3) and (4).
(3) The State Historic Preservation Officer may approve the
application with respect to only part of the property that is the subject
of the application. However, if any part of the application is denied,
the applicant may withdraw the application.
(4) A preservation plan that has been approved by the State
Historic Preservation Officer may be amended from time to time, either at
the request of the owner or at the request of the State Historic
Preservation Officer. The amendments may be approved, approved in part or
disapproved by the State Historic Preservation Officer. To the extent the
amendments are approved, amendments shall become part of the preservation
plan that must be carried out in order that the property not be
disqualified as historic property. [1975 c.514 §4; 1983 c.720 §4; 1995
c.5 §7; 1995 c.693 §4; 2001 c.540 §5](1)
Immediately following approval or disapproval of an application under ORS
358.490, the State Historic Preservation Officer shall notify the county
assessor, the governing body and the applicant which shall in no event be
later than September 15 of the tax year for which classification and
special assessment are first desired. In no event later than September 15
of the year for which classification and special assessment are desired,
the State Historic Preservation Officer shall cause a copy of the
preservation plan approved under ORS 358.490 to be delivered or mailed to
the county assessor and the governing body. An application not denied on
or before September 15 shall be deemed approved, and the property that is
the subject of the application shall be considered to be historic
property that qualifies under ORS 358.480 to 358.545.
(2) If the State Historic Preservation Officer determines that the
historic property qualifies under ORS 358.480 to 358.545, the State
Historic Preservation Officer shall certify that fact in writing and
shall file a copy of the certificate with the county assessor and the
governing body. The certificate shall state the facts upon which the
approval was based and list any condition on which approval is based. The
county assessor, as to any historic property, shall assess on the basis
provided in ORS 358.505, and each year the historic property is
classified and so assessed shall also enter on the assessment and tax
roll that the property is being specially assessed as historic property
and is subject to potential additional taxes as provided in ORS 358.525
by adding the notation "historic property (potential additional tax)."
(3) If the State Historic Preservation Officer determines that the
property does not qualify for classification and assessment under ORS
358.480 to 358.545, the State Historic Preservation Officer shall give
written notice of the denial to the applicant. The notice shall state the
reasons for the denial.
(4)(a) Any owner, governing body or county assessor affected by a
determination of the State Historic Preservation Officer made under ORS
358.480 to 358.545 may request a contested case hearing according to the
provisions of ORS chapter 183.
(b) After a contested case hearing has been held, the
administrative law judge shall present the proposed order to the Historic
Assessment Review Committee. The review committee shall determine the
final order in the case. [1975 c.514 §5; 1983 c.720 §5; 1995 c.5 §8; 1995
c.693 §5; 1997 c.541 §428; 2001 c.540 §6; 2003 c.75 §87](1) Property first classified and specially assessed as
historic property for a tax year beginning on or before July 1, 1994,
shall continue to be so classified, specially assessed and removed from
special assessment as provided under ORS 358.480 to 358.545 as those
sections were in existence and in effect on December 31, 1992.
(2) Property may be classified and specially assessed under ORS
358.480 to 358.545 pursuant to application filed under ORS 358.487 on or
after September 9, 1995, and first applicable for the tax year 1996-1997
or any tax year thereafter.
(3) Property may not be classified and specially assessed pursuant
to application filed under ORS 358.487 if the application is filed on or
after July 1, 2010. [1995 c.693 §19; 2001 c.540 §7]Note: 358.499 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 358 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(Valuation)(1)(a) The
county assessor shall, for the 15 consecutive tax years elected under ORS
358.480 to 358.545, list on the assessment and tax roll a specially
assessed value for property classified as historic property that equals
the assessed value of the property at the time application for
classification was made.
(b) Notwithstanding paragraph (a) of this subsection, if the
property that is the subject of the application was exempt or specially
assessed at the time the application for classification was made, the
county assessor shall, for the 15 consecutive tax years elected under ORS
358.480 to 358.545, list on the assessment and tax roll a specially
assessed value for the property that equals the product of the real
market value of the property for the tax year in which the application
was made multiplied by the ratio of the average maximum assessed value
over the average real market value for that tax year of property in the
same area and property class.
(c) If a reapplication for classification and special assessment
filed pursuant to ORS 358.540 (3) is approved under ORS 358.490, the
county assessor shall, for 15 consecutive tax years after the date of the
filing of the reapplication, list on the assessment and tax roll a
specially assessed value for the property that was the subject of the
reapplication that equals the product of the real market value of the
property for the assessment year in which the reapplication is made
multiplied by the ratio of the average maximum assessed value over the
average real market value for the assessment year of property in the same
area and property class.
(2)(a) For the first tax year of a 15-year period of historic
property special assessment, notwithstanding ORS 308.149 (2), the maximum
assessed value of property subject to historic property special
assessment shall equal the specially assessed value of the property under
subsection (1) of this section multiplied by the ratio, not greater than
1.00, of the maximum assessed value the property would have had if the
property were not specially assessed over the real market value of the
property.
(b) For each tax year after the first tax year in which the
property is subject to special assessment as historic property and before
the conclusion of the 15-year period of historic property special
assessment, the property's maximum assessed value subject to special
assessment shall equal 103 percent of the property's assessed value from
the prior year or 100 percent of the property's maximum assessed value
subject to special assessment from the prior year, whichever is greater.
(3) The assessed value of property that is classified as historic
property for the tax year shall equal the lesser of:
(a) The property's specially assessed value as determined under
subsection (1) of this section; or
(b) The property's maximum assessed value as determined under
subsection (2) of this section.
(4) Except as provided under ORS 358.487 (2), the entitlement of
property to the special assessment provisions of this section shall be
determined as of July 1. If the property becomes disqualified on or after
July 1, its assessment for that year shall continue as provided in this
section.
(5) Assessed value, as defined and determined under ORS 308.146,
shall be determined for property classified as historic property by the
county assessor each year. The assessed value so determined for any year
shall be subject to appeal to the county board of property tax appeals
within the time and in the manner provided in ORS chapter 309 and shall
be subject to appeal thereafter to the Oregon Tax Court and to the Oregon
Supreme Court within the time and in the manner provided for appeals of
value determination for purposes of ad valorem property taxation.
(6) The Department of Revenue, in consultation with the State
Historic Preservation Officer, shall adopt rules within its area of
expertise that are necessary to the implementation of ORS 358.480 to
358.545. [1975 c.514 §6; 1981 c.804 §97; 1983 c.720 §6; 1985 c.565 §63;
1991 c.459 §325; 1995 c.5 §9; 1995 c.650 §80; 1995 c.693 §6; 1997 c.541
§§429,430; 2001 c.540 §8]Note: Sections 28 and 28b, chapter 540, Oregon Laws 2001, provide:
Sec. 28. (1) As used in this section, "qualified property" means
property that was commercial property at the time the property was first
classified and assessed as historic property under ORS 358.480 to 358.545
and that, as of July 1 of the 15th tax year of historic property
classification and assessment under ORS 358.480 to 358.545, is no longer
commercial property.
(2) Notwithstanding ORS 358.505 and 358.540, qualified property
that continues to be maintained, rehabilitated or preserved as historic
property shall be assessed as provided in ORS 358.505 for one additional
tax year following the conclusion of the 15-year period of historic
property assessment. The specially assessed value of the property for the
15th tax year of historic property assessment shall apply to the
additional tax year.
(3) This section applies to qualified property for which the
original 15-year term of historic property classification and assessment
concludes after June 30, 2003, and before July 1, 2004. [2001 c.540 §28]
Sec. 28b. Section 28 of this 2001 Act is repealed on December 31,
(Review)If the county assessor, local landmark
commission or governing body has reason to believe that property
classified as historic property is not being maintained, rehabilitated or
preserved as required under the preservation plan approved for the
property, as amended, or as required under rules established by the State
Historic Preservation Officer, or otherwise no longer qualifies for
classification and special assessment as historic property, the county
assessor, local landmark commission or governing body shall request the
State Historic Preservation Officer to determine if the property
continues to qualify. The request shall be in writing and state the
reasons why the continuing qualification is questioned. Upon receipt of
the request, the State Historic Preservation Officer may initiate a
continuing qualification review. If a review is initiated, the State
Historic Preservation Officer or designee of the officer shall inspect
the property and may take whatever steps are necessary to determine if
the property continues to qualify for special assessment including a
request for a report under ORS 358.535. The State Historic Preservation
Officer shall notify the county assessor of the determination made
pursuant to the request within 60 days after the request is received. A
determination by the State Historic Preservation Officer that the
property no longer qualifies shall constitute a discovery described in
ORS 358.515 (1)(c). [1979 c.346 §4; 1983 c.720 §7; 1995 c.5 §10; 1995
c.693 §7; 2001 c.540 §9] (1) There is
established an Historic Assessment Review Committee consisting of three
members appointed by the Governor.
(2) The term of office of each member is four years, but a member
serves at the pleasure of the Governor. A member is eligible for
reappointment. A member whose term has expired shall continue to serve
until a successor has been appointed.
(3) Appointments to the review committee shall be based on
representation of interests of the county assessors, historic
preservation interests and local government.
(4) A majority of the members of the review committee constitutes a
quorum for the transaction of business. [1995 c.693 §16; 2001 c.540 §10]Note: 358.511 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 358 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(Disqualification)(1) When property has
once been classified and assessed as historic property pursuant to
application filed under ORS 358.480 to 358.545, it shall remain so
classified and be granted the special assessment provided by ORS 358.505
until the property becomes disqualified for such classification and
assessment by:
(a) Written notice by the taxpayer to the assessor to remove the
special assessment.
(b) Sale or transfer to an ownership making it exempt from property
taxation.
(c) Removal of the special assessment by the assessor upon
discovery that the property no longer qualifies as historic property
because it is not in compliance with the preservation plan applicable to
the property or for other reason.
(d) In the case of residential property, any other sale or transfer
of the property.
(2)(a) Notwithstanding subsection (1)(d) of this section, the sale
or transfer to a new owner or transfer by reason of death of a former
owner to a new owner does not operate to disqualify the property from the
special assessment provided by ORS 358.505 so long as the property
continues to qualify as historic property and the new owner expressly
assents to the preservation plan in effect for the property and continues
to implement the preservation plan.
(b) The new owner shall notify the State Historic Preservation
Officer of the sale or transfer of ownership within 60 days after the
date that the documents described in ORS 93.040 are recorded.
(3) When, for any reason, the property or any portion thereof
ceases to qualify as historic property, the owner at the time of change
shall notify the assessor and the State Historic Preservation Officer of
the change prior to the next January 1 assessment date. [1975 c.514 §7;
1979 c.346 §1; 1983 c.720 §8; 1991 c.459 §326; 1995 c.5 §11; 1995 c.693
§8; 1997 c.541 §434; 2001 c.540 §11; 2005 c.549 §3](1) Except as provided in subsection (4) of this section,
whenever property that has received special assessment as historic
property under ORS 358.480 to 358.545 thereafter becomes disqualified for
such assessment as provided in ORS 358.515, there shall be added to the
tax extended against the property on the next general property tax roll,
to be collected and distributed in the same manner as the remainder of
real property tax, additional taxes equal to the difference between the
taxes assessed against the property and the taxes that would otherwise
have been assessed against the property for each of the last 15 years (or
such lesser number of years, corresponding to the years of assessment as
historic property applicable to the property) as of January 1 of the
assessment year for which the property was disqualified for special
assessment plus an amount equal to the sum of the interest on each year's
additional taxes computed under ORS 311.505 from November 15 of the tax
year for which back taxes are being added to July 1 of the tax year of
disqualification.
(2) Whenever property that has received special assessment as
historic property under ORS 358.505 becomes disqualified for such
assessment and either notice required by ORS 358.515 (3) is not given,
the assessor shall determine the date that the notice should have been
given, shall notify the owner thereof and, notwithstanding ORS 311.235,
there shall be added to the tax extended against the property on the next
general property tax roll, to be collected and distributed in the same
manner as the remainder of the real property tax, in full payment of all
taxes and penalties accruing from the disqualification, the sum of the
following:
(a) Additional taxes equal to the difference between the total
amount of taxes that would have been due on the property for each year,
not to exceed the last 15 years, in which special assessment under ORS
358.505 was in effect for the property (even though erroneously) and the
taxes that would have been due had special assessment not been in effect
plus an amount equal to the sum of the interest on each year's additional
taxes computed under ORS 311.505 from November 15 of the tax year for
which additional taxes are being added to July 1 of the tax year of
disqualification, plus
(b) An additional penalty of 15 percent of the amount in paragraph
(a) of this subsection.
(3) Prior to adding to the tax extended against the property on the
next general property tax roll of any additional taxes or penalty imposed
by subsection (1) or (2) of this section, in the case of disqualification
pursuant to ORS 358.515 (1)(c), the assessor shall notify the owner of
the property by mail, return receipt requested, of the disqualification.
(4) Additional tax or penalty may not be imposed under subsection
(1) or (2) of this section upon the sale or transfer to an ownership
making it exempt from property taxation. Additional tax or penalty may
not be imposed under subsection (1) or (2) of this section if the
historic property is destroyed by fire or act of God.
(5) The amount determined to be due under subsection (1) or (2) of
this section may be paid to the tax collector prior to the completion of
the next general property tax roll, pursuant to ORS 311.370.
(6) Additional taxes collected under this section shall be deemed
to have been imposed in the year to which the additional taxes relate.
[1975 c.514 §8; 1979 c.350 §18; 1983 c.720 §9; 1991 c.459 §327; 1995 c.5
§12; 1995 c.693 §9; 1997 c.541 §435; 2001 c.540 §12](1) Notwithstanding ORS 358.525,
whenever property that has received special assessment as historic
property under ORS 358.480 to 358.545 thereafter becomes disqualified for
historic property assessment as the result of a written notice given by
the taxpayer pursuant to ORS 358.515 (1)(a), additional taxes shall be
added to the tax extended against the property as prescribed in ORS
358.525 (1), but interest may not be added to the additional taxes if
within two years following the date of disqualification:
(a) The property has been classified for special assessment as
historic property under ORS 358.480 to 358.545; and
(b) The property owner has spent an amount implementing an approved
preservation plan for the property that equals or exceeds five times the
amount of interest that would otherwise be payable under ORS 358.525 (1).
(2) If the property owner files a written request with the county
assessor, for the period of time from the disqualification of the
property until the earlier of the time the assessor determines that the
requirements of subsection (1) of this section have been met or two years
following the date of disqualification, interest that would otherwise be
added to the additional taxes due under ORS 358.525 may not be extended
against the property but shall remain a potential liability on the
assessment and tax roll. If the assessor determines that the requirements
of subsection (1) of this section are met, the interest shall be
canceled. If the assessor determines that the requirements of subsection
(1) of this section have not been met, the interest shall be added to the
tax extended against the property as prescribed in ORS 358.525 (1). [2001
c.540 §12b](Change of Classification)When any property has been classified and assessed
as historic property under ORS 358.480 to 358.545 and the owner or other
qualified person applies for a change in the classification under another
special assessment program, the applicant shall have 30 days thereafter
within which to withdraw the application, by giving written notice to the
public official or agency to whom the applicant applied for the change in
classification. If no notice of withdrawal is given by the applicant, the
application shall be acted upon and the change in classification made, as
otherwise provided by law. [1999 c.314 §48; 2001 c.540 §13](Owners' Reports) The State
Historic Preservation Officer shall at all times be authorized to demand
and receive reports from owners of property classified as historic
property under ORS 358.480 to 358.545 as to the continued qualification
of the property for historic property classification. The content of
reports and times for reporting shall be determined by the State Historic
Preservation Officer. If the owner fails, after 30 days' written notice
by mail, return receipt requested, to comply with such demand, the State
Historic Preservation Officer shall immediately notify the assessor and
the assessor shall withdraw the property from classification and apply
the penalties provided by ORS 358.525. [1975 c.514 §9; 1995 c.5 §13; 1995
c.693 §10; 2001 c.540 §14](Renewal)(1) Property classified as historic property under ORS 358.480
to 358.545 is entitled to any other exemption or special assessment
provided by law.
(2) Property that has received special assessment under ORS 358.480
to 358.545 for 15 years, at the completion of the 15-year term, is
disqualified from historic property special assessment.
(3)(a) Notwithstanding subsection (2) of this section, following
completion of the initial 15-year period of historic property
classification and disqualification under subsection (2) of this section,
the owner of property classified as historic property may reapply under
ORS 358.487 for one additional 15-year period of special assessment under
ORS 358.480 to 358.545. Following completion of the second 15-year term
of special assessment, the historic property shall be disqualified from
historic property special assessment and is not again eligible for
special assessment under ORS 358.480 to 358.545.
(b) For commercial property, a reapplication filed under this
subsection, in addition to containing all of the information required of
an application filed under ORS 358.487, shall be accompanied by a
renovation plan detailing measures to be taken for purposes of Americans
with Disabilities Act compliance, seismic improvement measures or energy
conservation measures, the costs associated with the measures and a
schedule of the dates on which work on the measures will be begun and
completed.
(c) For commercial property, a reapplication filed under this
subsection that in other respects is in compliance with the application
requirements of ORS 358.487 may be approved only upon a finding by the
State Historic Preservation Officer that the renovation plan submitted
with the reapplication will, if implemented, result in a significant
investment in the historic property that promotes compliance with
Americans with Disabilities Act requirements or that results in seismic
improvements or energy conservation improvements to the property. If
approved, the renovation plan shall be considered an amendment to and
part of the preservation plan filed with the reapplication and in effect
for the property.
(d) For residential property, a reapplication filed under this
subsection that in other respects is in compliance with the application
requirements of ORS 358.487 may be approved only if a second term of
historic property classification and special assessment for residential
property is authorized under ORS 358.541.
(e) The State Historic Preservation Officer may adopt rules under
this subsection, including rules that provide:
(A) The minimum amount of investment that must be made in order for
the investment to be considered a significant investment.
(B) The minimum amount of seismic improvement to the property that
must be contemplated in the renovation plan in order for the plan to be
approved.
(C) The minimum level of energy conservation improvements that must
be contemplated in the renovation plan in order for the plan to be
approved.
(D) The maximum amount of time between the date of filing of the
reapplication and the date of completion of the measures described in the
renovation plan in order for the renovation plan to be approved. [1975
c.514 §10; 1983 c.720 §10; 1995 c.5 §14; 1995 c.693 §11; 2001 c.540 §15;
2005 c.549 §1]Note: Section 33, chapter 579, Oregon Laws 1999, provides:
Sec. 33. (1) The owner of a property receiving special assessment
under ORS 358.475 to 358.545 (1999 Edition) who purchased the property
within the five-year period immediately prior to the effective date of
this 1999 Act [October 23, 1999] may file a reapplication under ORS
358.540 within one year following the effective date of this 1999 Act for
classification and special assessment of the property as historic
property for an additional 15-year period under ORS 358.540.
(2) Notwithstanding ORS 358.505 and 358.507 (1999 Edition),
following approval of the reapplication by the State Historic
Preservation Officer, the property shall be assessed for the additional
15-year period of historic property classification at the assessed value
of the property at the time the property was purchased, as determined
under ORS 358.475 to 358.545 (1995 Edition).
(3) Notwithstanding subsection (2) of this section, for any tax
year within the additional 15-year period, property shall be assessed at
a lesser value than the assessed value determined under subsection (2) of
this section if the lesser value is required pursuant to section 11,
Article XI of the Oregon Constitution. [1999 c.579 §33](1) Residential property may not qualify for a second
term of classification and special assessment as historic property under
this section unless:
(a) If the property is located within a city, the governing body of
the city has adopted a resolution or ordinance authorizing a second term
of historic property classification and special assessment for
residential property; or
(b) If the property is located within unincorporated territory of a
county, the governing body of the county has adopted a resolution or
ordinance authorizing a second term of historic property classification
and special assessment for residential property.
(2) The city or county authorizing a second term of historic
property classification and special assessment for residential property
shall send a copy of the authorizing resolution or ordinance to the State
Historic Preservation Officer. [2005 c.549 §2]Note: 358.541 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 358 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(New Construction)(1) Any additions made that are historically accurate reconstructions of
once extant features or necessary for safety or disabled access or
required by building code requirements may be classified as not being
"new construction" by the State Historic Preservation Officer if the
State Historic Preservation Officer so determines after request is made
by the owner.
(2) A request to have an addition classified as not being "new
construction" must be made in writing and must be accompanied by written
documentation that demonstrates that the addition is a historically
accurate reconstruction of once extant features, necessary for safety or
disabled access or required by building code requirements.
(3) Except as provided in subsection (4) of this section, if new
construction takes place with respect to property classified as historic
property under ORS 358.480 to 358.545, the new construction may not be
considered classified as historic and may not receive the special
valuation accorded historic property under ORS 358.505. The new
construction shall be valued for ad valorem property tax purposes at its
real market value and shall be assessed as provided in ORS 308.146 (1) to
(3).
(4)(a) If new construction takes place on or after January 1, 2002,
with respect to historic property for which a certificate has been filed
under ORS 358.495 (2), the new construction shall be subject to the
maximum assessed value and assessed value of the historic property under
ORS 358.505 if the new construction is approved by the State Historic
Preservation Officer and:
(A) Is used primarily for residential purposes; or
(B) Is used primarily for nonresidential purposes. New construction
that is used primarily for nonresidential purposes shall be subject to
the maximum assessed value and assessed value of the historic property
under ORS 358.505 only to the extent the square footage of the new
construction, when added to the total net rentable area of the existing
historic property, is less than or equal to the total net rentable area
of the property that existed prior to the new construction.
(b) New construction that is not approved for historic property
assessment under paragraph (a) of this subsection shall be assessed as
provided in ORS 308.146 (1) to (3).
(c) The State Historic Preservation Officer may adopt rules
establishing procedures for requesting and obtaining the approval of the
State Historic Preservation Officer under this subsection.
(d) For purposes of this subsection, net rentable area shall be
measured in square feet.
(5) Any notice required under ORS 358.528 to be sent by a public
official or agency with regard to a change in classification to or from
historic property classification shall be given by the county assessor
and to the State Historic Preservation Officer.
(6) As used in this section, "new construction" includes, but is
not limited to:
(a) An additional new building, structure or other improvement
outside the building envelope, including but not limited to a parking
area to be or in use for commercial purposes.
(b) An enlargement of the exterior perimeters of an existing
building, structure or improvement.
(c) Any story or stories added to an existing building, structure
or improvement. [1983 c.720 §§12,13; 1991 c.459 §329; 1995 c.5 §15; 1995
c.693 §12; 1999 c.314 §87; 2001 c.540 §16](State Historic Preservation Officer) The State
Historic Preservation Officer shall adopt rules, pursuant to ORS chapter
183, with regard to the determination of entitlement of historic
properties to the special assessment accorded by ORS 358.480 to 358.545.
The rules shall:
(1) Encompass requirements for allowance and substantiation of
public sight-seeing of historic property classified under ORS 358.480 to
358.545;
(2) Provide minimum maintenance and preservation standards for the
property;
(3) Provide standards and guidelines for rehabilitation based on
those adopted by the United States Secretary of the Interior;
(4) Delineate any other matters necessary to carry out the purposes
of ORS 358.480 to 358.545; and
(5) Provide for a review procedure by the State Historic
Preservation Officer for compliance with the preservation plan in the
5th, 10th and 14th years of special assessment. If the State Historic
Preservation Officer determines that there is lack of compliance with the
preservation plan, the State Historic Preservation Officer shall either
notify the county assessor under ORS 358.509 or request that the
preservation plan be amended as provided under ORS 358.490. If, after a
request for amendment is made, the property remains in noncompliance, the
State Historic Preservation Officer shall notify the county assessor as
described, and with the result described, under ORS 358.509. [1975 c.514
§11; 1995 c.5 §16; 1995 c.693 §13; 2001 c.540 §17] (1) The Governor shall
designate a State Historic Preservation Officer who shall serve at the
pleasure of the Governor. In case of vacancy, the Governor shall
designate a successor.
(2) The State Historic Preservation Officer shall appoint a staff
of persons well qualified in history, architectural history,
architecture, archaeology and education as technical assistants and
analysts.
(3) In addition to the powers and duties assigned to the State
Historic Preservation Officer under ORS 358.480 to 358.545, the State
Historic Preservation Officer shall perform whatever functions as are
authorized by law. [1975 c.514 §12; 1983 c.268 §2; 2001 c.540 §18]OREGON HERITAGE COMMISSION(1) To assure the conservation and development of
Oregon's heritage there is established in the State Parks and Recreation
Department the Oregon Heritage Commission consisting of nine voting
members appointed by the Governor and eight ex officio members as
described in ORS 358.575.
(2) The term of office of each member is four years, but a member
serves at the pleasure of the Governor. Before the expiration of the term
of a member, the Governor shall appoint a successor whose term begins on
July 1 next following. A member is eligible for reappointment. If there
is a vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
(3) A member of the commission is entitled to actual and necessary
travel and other expenses as provided in ORS 292.495. [1995 c.428 §1;
1997 c.112 §1]Note: 358.570 to 358.595 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 358 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) The voting members of the Oregon
Heritage Commission shall be composed of representatives of heritage
interests, including Indian tribes with federal recognition, that reflect
the cultural and geographic diversity of this state as well as the
heritage interests reflected in community institutions, libraries,
museums, architecture, archaeology and historic preservation.
(2) The ex officio members of the commission shall be designees of
the following:
(a) The Department of Land Conservation and Development;
(b) The Trustees of the State Library;
(c) The State Board of Higher Education;
(d) The Economic and Community Development Department;
(e) The Department of Education;
(f) The Executive Director of the Oregon Historical Society;
(g) The State Archivist; and
(h) The State Historic Preservation Officer. [1995 c.428 §3; 1997
c.112 §2]Note: See note under 358.570. (1) The Oregon
Heritage Commission shall select one of its members as chairperson and
another as vice chairperson, for such terms and with duties and powers
necessary for the performance of the functions of such offices as the
commission determines.
(2) A majority of the voting members of the commission constitutes
a quorum for the transaction of business.
(3) The commission shall meet at least once every three months at a
place, day and hour determined by the commission. The commission also
shall meet at other times and places specified by the call of the
chairperson or of a majority of the voting members of the commission.
[1995 c.428 §4]Note: See note under 358.570. In accordance with applicable provisions of ORS
chapter 183, the State Parks and Recreation Commission may adopt rules,
as requested by the Oregon Heritage Commission, for the administration of
the laws that the commissions are charged with administering. [1995 c.428
§5]Note: See note under 358.570.(1) To aid and advise
the Oregon Heritage Commission in the performance of its functions, the
commission may establish such advisory and technical committees as it
considers necessary. These committees may be continuing or temporary. The
commission shall determine the representation, membership, terms and
organization of the committees and shall appoint their members.
(2) Members of the committees are not entitled to compensation, but
in the discretion of the commission may be reimbursed from funds
available to the commission for actual and necessary travel and other
expenses incurred by them in the performance of their official duties,
subject to ORS 292.495.
(3) The commission may raise and expend funds, including grants
from federal, state and private sources. [1995 c.428 §6]Note: See note under 358.570.The Oregon Heritage Commission is
designated the primary agency for coordination of heritage activities and
shall coordinate its activities with public and private organizations
that express an interest in the heritage of Oregon. The commission shall:
(1) Prepare and adopt an Oregon Heritage Plan to address
coordination for the identification, curation, restoration and
interpretation of heritage resources.
(2) Increase efficiency and avoid duplication among the various
interest groups that seek to preserve heritage resources.
(3) Coordinate a comprehensive inventory of state-owned cultural
properties and make the inventory available to the public.
(4) In conjunction with the Economic and Community Development
Department encourage tourism activities relating to heritage resources.
(5) Coordinate statewide anniversary celebrations.
(6) Coordinate statewide celebrations of Asian American Heritage
Month. [1995 c.428 §7; 1999 c.690 §3; 2003 c.244 §3; 2005 c.233 §3]Note: See note under 358.570.HISTORIC PRESERVATION PLAN (1) The Legislative Assembly declares
that the cultural heritage of Oregon is one of the state's most valuable
and important assets; that the public has an interest in the preservation
and management of all antiquities, historic and prehistoric ruins, sites,
structures, objects, districts, buildings and similar places and things
for their scientific and historic information and cultural and economic
value; and that the neglect, desecration and destruction of cultural
sites, structures, places and objects result in an irreplaceable loss to
the public.
(2) The Legislative Assembly finds that the preservation and
rehabilitation of historic resources are of prime importance as a prime
attraction for all visitors; that they help attract new industry by being
an influence in business relocation decisions; and that rehabilitation
projects are labor intensive, with subsequent benefits of payroll, energy
savings and are important to the revitalization of deteriorating
neighborhoods and downtowns.
(3) It is, therefore, the purpose of this state to identify,
foster, encourage and develop the preservation, management and
enhancement of structures, sites and objects of cultural significance
within the state in a manner conforming with, but not limited by, the
provisions of the National Historic Preservation Act of 1966 (P.L.
89-665; 16 U.S.C. 470). [1983 c.268 §1] The State
Historic Preservation Officer:
(1) Shall conduct or cause to have conducted a comprehensive,
statewide survey to identify districts, sites, buildings, structures and
objects that are potentially significant in Oregon history, prehistory,
architecture, archaeology and culture;
(2) Shall prepare and implement a comprehensive statewide historic
preservation plan to assist local governments in developing their
preservation programs and participate in the national program;
(3) Shall maintain a statewide inventory of historic properties;
(4) Shall create a mechanism for an Oregon State Register of
Historic Properties in which to record significant historic properties
with the State Advisory Committee on Historic Preservation developing the
criteria for such properties;
(5) Shall nominate properties of historical, prehistoric
architectural, archaeological and cultural significance to the Oregon
State Register of Historic Properties and to the National Register of
Historic Places;
(6) Shall administer state and federal tax incentive provisions for
the preservation of properties on the state and national registers;
(7) Shall provide information on federal and state tax benefits for
preservation projects;
(8) Shall administer grant programs to conduct surveys of historic
properties and to assist the development of properties on the state and
national registers;
(9) Shall provide or assist other appropriate state agencies in
providing information and education on the economic and social benefits
of developing historical and cultural resources;
(10) Shall provide public education and information to foster the
purposes of ORS 358.565 to 358.622;
(11) Shall provide technical assistance as funds permit;
(12) Shall work with local, statewide and national organizations to
develop means of promoting historic preservation, including legislation,
financing, education, easements, conferences and workshops and
audio-visual materials;
(13) Shall, when a project involves Native American concerns, work
with the Commission on Indian Services, project administrators and the
local Indian tribes or communities to insure that these concerns are
adequately addressed;
(14) May review and comment on the impact of publicly funded
projects and programs;
(15) May accept gifts and grants to be used for purposes consistent
with ORS 358.565 to 358.622; and
(16) Subject to the availability of funds therefor, serve as staff
for the State Advisory Committee on Historic Preservation. [1983 c.268 §3] Pursuant to ORS chapter 183, the State Historic
Preservation Officer shall adopt rules to carry out the duties and
functions of the officer, including rules governing cultural resource
management programs and grants-in-aid program categories. [1983 c.268 §4] (1)
There is created a State Advisory Committee on Historic Preservation
consisting of not more than nine members appointed by the Governor. At
least one-half of the members shall be from among persons recognized as
professionals in the areas of history, architectural history,
architecture, archaeology, museum management or cultural or ethnic
minorities. A representative of the Oregon Native American Indian
community shall be appointed.
(2) The committee:
(a) Shall review and make recommendations concerning nominations by
the State Historic Preservation Officer of properties to the state and
national registers of historic properties and places;
(b) Shall advise the State Historic Preservation Officer on matters
of policy, programs and budget; and
(c) May perform such other duties as may be requested by the State
Historic Preservation Officer.
(3) The Governor shall select the chairperson and vice chairperson
with such terms and duties as the committee may prescribe. Five members
of the committee constitute a quorum. The committee shall meet a minimum
of three times a year.
(4) Members of the committee shall not receive compensation but
shall be entitled to actual and necessary travel expenses subject to ORS
292.495.
(5) The committee shall develop the criteria for the creation of an
Oregon State Register of Historic Properties, and review properties for
acceptance by the Oregon Property Management Account and may appoint any
other committee or subcommittee necessary to carry out its functions.
[1983 c.268 §5]PRESERVATION OF PROPERTY OF HISTORIC SIGNIFICANCE As used in ORS
358.635 to 358.653:
(1) "Historic artifacts" means three-dimensional objects including
furnishings, art objects and items of personal property which have
historic significance. "Historic artifacts" does not include paper,
electronic media or other media that are classified as public records.
(2) "State agency" includes all officers, employees, agencies,
boards, committees and commissions of the legislative, executive,
administrative and judicial branches of state government. [1979 c.205 §5;
1991 c.240 §1](1) The State Parks and Recreation Department, in
consultation with the Oregon Heritage Commission, shall identify and
catalog state-owned historic artifacts.
(2) The State Parks and Recreation Department shall make
recommendations to any state agency or political subdivision that
possesses any historic artifact relating to its retention, preservation,
maintenance, use or transfer to the custody of any public or private
agency or person.
(3) Any state agency shall obtain approval from the State Parks and
Recreation Department prior to transferring, selling, demolishing,
substantially altering or otherwise disposing of any historic artifact.
(4) The State Parks and Recreation Department shall adopt rules
pursuant to ORS chapter 183 to implement ORS 358.635 to 358.653. [1979
c.205 §1; 1983 c.295 §2; 1989 c.743 §1; 1991 c.240 §2; 1995 c.428 §20] A
private owner of any historic artifact believed to have state or national
historic significance that the owner wishes to give to the state or to a
political subdivision may request review of the significance of the
property by the State Parks and Recreation Department. [1979 c.205 §2;
1983 c.295 §3; 1989 c.743 §2; 1991 c.240 §3; 2003 c.18 §1] A person, other
than the state or a person who has received written permission from the
state, shall not sell, trade or otherwise transfer any state-owned
historic artifact. [1991 c.240 §7](1) Whenever a prospective donor of any historic artifact
identified as historically significant pursuant to ORS 358.645 requires
immediate acceptance of the property as a condition of a gift, the State
Parks and Recreation Department may accept the gift on behalf of the
state or political subdivision and may place the gift in the custody of a
state agency or political subdivision under agreement between the
department and the agency or political subdivision.
(2) The State Parks and Recreation Department may transfer under
agreement between the department and the agency or political subdivision
any gift accepted pursuant to this section to the custody of an
appropriate state agency or political subdivision.
(3) The State Parks and Recreation Department may, pursuant to
procedures adopted by rule, pay finders fees, rewards or otherwise expend
funds to acquire historic artifacts previously owned by the state. [1979
c.205 §3; 1983 c.295 §4; 1991 c.240 §4; 1995 c.428 §21; 2003 c.18 §6] (1) Any state agency or
political subdivision responsible for real property of historic
significance in consultation with the State Historic Preservation Officer
shall institute a program to conserve the property and assure that such
property shall not be inadvertently transferred, sold, demolished,
substantially altered or allowed to deteriorate.
(2) State agencies and political subdivisions may and are
encouraged to lease real property of historic significance to private
businesses and nonprofit organizations for purposes which are consistent
with the nature of the property.
(3) Where possible, the Oregon Department of Administrative
Services shall acquire or lease buildings of historic significance for
state use.
(4) As used in this section, "political subdivision" includes
counties, cities, school districts and any other governmental unit within
the state not included in ORS 358.635. [1983 c.295 §§1,5,6; 1989 c.743 §3]HISTORIC PRESERVATION REVOLVING LOAN FUND As used in ORS
358.662 to 358.678:
(1) "Eligible costs" includes architectural, engineering, material
and planning costs, rehabilitation and reconstruction costs, and
construction expenses necessary to meet building code requirements.
(2) "Financial need" means the amount of moneys that must be
obtained from a lender in order for the proposed project to be completed.
(3) "Historic property" means real property that is:
(a) Listed individually in the National Register of Historic Places
established and maintained under the National Historic Preservation Act
of 1966 (P.L. 89-665);
(b) A contributing property in a National Register Historic
District; or
(c) Designated by local ordinance as an individual historic
property or as a contributing property in a historic district and that
the State Historic Preservation Officer finds is eligible for listing in
the National Register of Historic Places.
(4) "Owner" includes a purchaser under a recorded instrument of
sale.
(5) "Standards and guidelines for the rehabilitation of historic
property" means the standards and guidelines adopted by the State
Historic Preservation Officer under ORS 358.676 (1). [2001 c.540 §29] (1) There is
established in the State Treasury, separate and distinct from the General
Fund, the Historic Preservation Revolving Loan Fund. Moneys in the
Historic Preservation Revolving Loan Fund are continuously appropriated
to the State Historic Preservation Officer for the following purposes:
(a) To provide loans to owners of historic property, as described
in ORS 358.662 to 358.678.
(b) For administrative expenses of the State Historic Preservation
Officer in:
(A) Processing applications for loans made under ORS 358.662 to
358.678;
(B) Investigating historic property rehabilitation projects funded
by loans made under ORS 358.662 to 358.678; and
(C) Collecting loans made under ORS 358.662 to 358.678.
(2) The Historic Preservation Revolving Loan Fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative Assembly;
(b) Repayment of moneys loaned from the fund;
(c) Moneys transferred to the fund from the federal government or
from private contributions;
(d) Application fees required under ORS 358.668; and
(e) Interest and other earnings on moneys in the fund.
(3) If the State Historic Preservation Officer does not make any
loan from the Historic Preservation Revolving Loan Fund for a 24-month
period, the balance of the Historic Preservation Revolving Loan Fund and
any repayments of loans from the Historic Preservation Revolving Loan
Fund shall be transferred to the Oregon Property Management Account
established under ORS 358.690 and may be spent for any purpose for which
Oregon Property Management Account moneys may be spent. [2001 c.540 §30]
(1) There is established the Historic Preservation Revolving Loan Fund
Review Committee, consisting of three members appointed by the State
Historic Preservation Officer and representing each of the following
interests:
(a) The interests of the Housing and Community Services Department;
(b) The interests of the State Historic Preservation Officer; and
(c) The interests of banks and other financial institutions.
(2) The review committee shall review applications for loans from
the Historic Preservation Revolving Loan Fund, make recommendations for
loan approval or disapproval to the State Historic Preservation Officer
and establish interest rates to be charged for the loans.
(3) The term of office of each member of the review committee is
four years, but a member serves at the pleasure of the State Historic
Preservation Officer. Before the expiration of the term of a member, the
State Historic Preservation Officer shall appoint a successor whose term
begins on the July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the State Historic
Preservation Officer shall make an appointment to become immediately
effective for the unexpired term.
(4) Successor appointments to the review committee shall be based
on representation of interests of the Housing and Community Services
Department, the State Historic Preservation Officer and banks and other
financial institutions.
(5) A majority of the members of the review committee constitutes a
quorum for the transaction of business.
(6) A member of the review committee shall serve without
compensation.
(7) The review committee shall meet at least once per year. [2001
c.540 §31](1) Any of the following persons may apply for a loan from the
Historic Preservation Revolving Loan Fund:
(a) An owner of historic property.
(b) A city or county having jurisdiction over the historic property
for which the application is being filed.
(c) A nonprofit corporation organized for the purpose of owning,
managing or rehabilitating historic property.
(d) A business association organized, in whole or part, for the
purpose of historic preservation.
(e) A neighborhood organization representing a neighborhood in
which historic property is located.
(f) An economic development agency of this state or of a political
subdivision of this state.
(2) A person or other entity described in subsection (1) of this
section that intends to rehabilitate historic property and that seeks a
loan from the Historic Preservation Revolving Loan Fund to pay for the
rehabilitation shall file an application for the loan with the State
Historic Preservation Officer. The application shall be on a form
prescribed by the State Historic Preservation Officer and shall include
or be accompanied by:
(a) The name and address of the loan applicant and of the property
owner;
(b) The address and historic name, if any, of the property;
(c) Evidence that the property is historic property;
(d) A description of the proposed rehabilitation project;
(e) Architectural plans, specifications and other materials that
facilitate the evaluation of the proposed rehabilitation project for
conformance with standards and guidelines for the rehabilitation of
historic property;
(f) Color photographs, at least four inches by six inches in size,
that depict that portion of the property that is the subject of the
application, and duplicates in color slide format or digital or other
computer imaging format;
(g) A statement of financial need to complete the project;
(h) An estimate of the eligible costs to be incurred in completing
the rehabilitation project;
(i) A schedule setting forth when the rehabilitation project is to
be commenced and completed; and
(j) Any other information that the State Historic Preservation
Officer may require.
(3) The application shall be accompanied by a fee established
pursuant to ORS 358.676 (2).
(4) Upon receipt of a complete application, the State Historic
Preservation Officer shall forward the application to the Historic
Preservation Revolving Loan Fund Review Committee. The review committee
shall review the application and make a recommendation to approve or
disapprove the loan being sought. The recommendation of the review
committee shall be based on the extent to which:
(a) The project meets the standards and guidelines for the
rehabilitation of historic property;
(b) The proposed rehabilitation project is feasible;
(c) The requested loan would constitute no more than a reasonable
risk and for which there would be a reasonable likelihood of repayment;
(d) The applicant has a financial need for the requested loan;
(e) The applicant's financial resources are adequate to ensure
success of the project; and
(f) There are moneys available in the Historic Preservation
Revolving Loan Fund.
(5) The Historic Preservation Revolving Loan Fund Review Committee
shall make its recommendation to the State Historic Preservation Officer.
The review committee shall include an interest rate for the loan if the
loan is issued. The State Historic Preservation Officer must consider the
review committee's recommendation but need not accept the recommendation
of the review committee in accepting or disapproving the application. The
State Historic Preservation Officer shall consider the factors set forth
in subsection (4) of this section in determining whether to approve or
disapprove the loan application. If the State Historic Preservation
Officer decides to approve the loan, the interest rate for the loan shall
be that prescribed by the review committee.
(6) A loan may not be approved in an amount that exceeds the lesser
of the applicant's estimate of eligible costs for the project or the
State Historic Preservation Officer's determination of the expected
estimated costs to complete the project.
(7) The State Historic Preservation Officer may request
modifications to the rehabilitation project as a condition to loan
approval or may approve a loan that is less than the amount requested in
the application.
(8) The decision of the State Historic Preservation Officer to
disapprove a loan application or reduce the amount of the loan may not be
appealed.
(9) If the State Historic Preservation Officer approves a loan
application, the approval shall be conditioned on the borrower and the
owner of historic property agreeing to the terms of the loan contract set
forth in ORS 358.670.
(10) The State Historic Preservation Officer shall notify the
applicant of the State Historic Preservation Officer's decision to
approve, modify and approve or disapprove a loan application. [2001 c.540
§32] (1) If a loan
application is approved by the State Historic Preservation Officer under
ORS 358.668, the borrower (and the owner of historic property if the
owner is a person other than the borrower) must enter into a written loan
contract with the State Historic Preservation Officer. Under the terms of
the loan contract, the borrower (and the owner of historic property if
the owner is a person other than the borrower) must agree to:
(a) Maintain the historic property as restored, rehabilitated or
repaired for a period of at least 15 years.
(b) Maintain complete and proper financial records regarding the
historic property and allow the State Historic Preservation Officer to
review those records upon request.
(c) Complete the proposed rehabilitation of the historic property
within two years after the date of entering into the loan contract under
this section.
(d) Complete the proposed rehabilitation in conformance with the
standards and guidelines for the rehabilitation of historic property.
(e) Provide a collateral security interest in the historic property
to this state that meets the standards set forth in rules adopted by the
State Historic Preservation Officer for securing loans from the Historic
Preservation Revolving Loan Fund.
(f) Use the loan proceeds only to fund eligible costs of the
rehabilitation.
(2) The loan contract must state the duration of the loan, which
may not exceed five years. The loan contract must state the interest
payable on the unpaid balance of the loan, which shall be the interest
rate set forth in the loan recommendation of the Historic Preservation
Revolving Loan Fund Review Committee but may not exceed five percent per
year, compounded daily. The loan contract must provide that the loan is
to be repaid in equal installments made at least annually.
(3) The loan contract entered into pursuant to this section must
include the following additional provisions:
(a) A loan repayment schedule;
(b) The manner of determining when loan payments are delinquent;
(c) Extensions of time in making repayment if the delinquency is
caused by emergency, act of God or economic hardship beyond the control
of the borrower and the security for the loan will not be impaired
thereby;
(d) Rescission of the loan upon default of the loan, upon failure
to complete the proposed rehabilitation in conformance with the standards
and guidelines for the rehabilitation of historic property or upon
failure to maintain the property as historic property; and
(e) Any other provision the State Historic Preservation Officer
considers necessary to ensure expenditure of the moneys loaned for
eligible costs and to ensure repayment of the borrowed moneys.
(4) After a loan contract in compliance with this section is
entered into by the borrower and the State Historic Preservation Officer
(and the owner of historic property if the owner is a person other than
the borrower), the State Historic Preservation Officer shall transfer the
borrowed moneys from the Historic Preservation Revolving Loan Fund to the
borrower in accordance with the terms of the loan contract. [2001 c.540
§33](1) The State Historic Preservation Officer has a
lien upon any historic property that is the subject of a rehabilitation
funded in whole or part from a loan from the Historic Preservation
Revolving Loan Fund for the entire amount of principal and interest on
the loan.
(2) The lien created under this section shall attach as of the day
the loan contract is entered into under ORS 358.670.
(3) The State Historic Preservation Officer shall file a written
notice of claim of lien not later than 120 days after the lien attaches
with the recording officer of the county in which the historic property
is located.
(4) The notice of claim of lien required under subsection (3) of
this section must be a statement in writing verified by the oath of the
State Historic Preservation Officer or by the oath of an authorized
agent, and must contain:
(a) A statement of the amount of principal and interest of the loan
from the Historic Preservation Revolving Loan Fund;
(b) The name of the owner of the historic property to be charged
with the lien; and
(c) A description of the property to be charged with the lien
sufficient for identification.
(5) The recording officer of the county shall record a notice of
claim of lien filed under this section in the county clerk lien records.
(6) A lien described in this section shall be foreclosed in the
manner provided in ORS chapter 88.
(7)(a) If a suit to foreclose a lien created under this section is
not brought within five years from the date the notice of claim of lien
is recorded, the lien shall cease to exist.
(b) Notwithstanding paragraph (a) of this subsection, a lien
created under this section may be continued in force for a period longer
than described in paragraph (a) of this subsection pursuant to an
agreement to extend the period of time for which repayment of the loan is
to occur, but may not be continued for a period longer than six months
following the period for which the repayment is to occur. [2001 c.540 §34]A loan from the Historic Preservation Revolving Loan Fund may be
made for the rehabilitation of a historic property that is classified and
specially assessed as provided in ORS 358.480 to 358.545 or any other
historic property. [2001 c.540 §35] (1) The State Historic Preservation Officer
shall adopt rules establishing standards and guidelines for the
rehabilitation of historic property. The standards and guidelines shall
include, but need not be limited to, guidance on preservation,
maintenance and rehabilitation of historic property, adequacy of
rehabilitation plans and proposals, and eligible alterations of and
construction associated with historic property. To the extent
practicable, the standards and guidelines shall be based on those
developed by the United States Secretary of the Interior to determine
sufficiency of rehabilitation plans.
(2) The State Historic Preservation Officer may adopt rules:
(a) Establishing lending guidelines for loans from the Historic
Preservation Revolving Loan Fund.
(b) Establishing loan application procedures.
(c) Establishing loan application and administrative fees.
(d) Facilitating administration of the Historic Preservation
Revolving Loan Fund. [2001 c.540 §§31a,36] The State Historic Preservation Officer, in
consultation with the Historic Preservation Revolving Loan Fund Review
Committee, shall report annually to the Governor and to the Legislative
Assembly on the financial condition and operation of the Historic
Preservation Revolving Loan Fund. [2001 c.540 §37]OREGON PROPERTY MANAGEMENT PROGRAM FOR HISTORIC SITES AND PROPERTIES As used in ORS
358.683 to 358.690:
(1) "Director" means the State Parks and Recreation Director.
(2) "Committee" means the State Advisory Committee on Historic
Preservation established in ORS 358.622.
(3) "Oregon Property Management Program" means the program
established in ORS 358.683.
(4) "State Historic Preservation Officer" means the officer
designated under ORS 358.565. [1983 c.231 §1; 1989 c.904 §55] (1) The State
Parks and Recreation Director, with the advice of the State Advisory
Committee on Historic Preservation shall formulate and implement an
Oregon Property Management Program. The program shall include, but need
not be limited to:
(a) Policies and plans for accepting and preserving historic sites
and property in Oregon;
(b) Criteria for selecting sites and property according to the
provisions of ORS 358.680 to 358.690; and
(c) Any other provision necessary to administer the program.
(2) The director and the State Advisory Committee on Historic
Preservation shall coordinate activities concerning historic properties
with the State Historic Preservation Officer.
(3) In accordance with any applicable provision of ORS chapter 183,
the director may promulgate rules to carry out the provisions of the
Oregon Property Management Program. [1983 c.231 §3; 1989 c.904 §56] In addition to any other duties or
powers provided by law, the State Parks and Recreation Director may, with
the advice of the State Advisory Committee on Historic Preservation:
(1) Except as otherwise provided in ORS 358.650 (1), accept, from
whatever source, appropriations, gifts or grants of money or other
property for the preservation of significant historic sites and
properties, and use the money or property to preserve significant
historic sites and properties.
(2) Sell or exchange property owned by the state and used for state
heritage or historic preservation purposes if the director determines
that the sale or exchange would be advantageous to the state for the
preservation of significant historic sites and properties.
(3) Acquire by purchase, lease, agreement or gift real property and
all appropriate interests therein for significant sites and properties of
recreational value and purpose.
(4) Acquire by purchase, lease, agreement, gift or otherwise real
property and all interests therein and establish, operate and maintain
thereon significant historic sites and properties.
(5) Establish and develop significant historic sites and properties
and prescribe rules governing the use of significant historic sites and
properties established and developed under any other provision of state
law.
(6) By rule prescribe reasonable fees for recreational uses of real
property owned or managed by the administrator, unless those fees or user
charges are otherwise prescribed by law or administrative rule.
(7) Enter into contracts with any person or governmental agency for
the development and encouragement of programs and projects designed to
preserve significant historic sites and properties.
(8) Perform the acts necessary for the establishment and
implementation of programs designed to preserve significant historic
sites and properties with agencies of the federal government.
(9) Offer and pay rewards for the arrest and conviction of any
person who has violated any of the state heritage or historic
preservation laws. No reward shall exceed $100 for a single arrest and
conviction. [1983 c.231 §4; 1989 c.904 §57] (1) The State Parks and Recreation Director shall
report biennially to the Governor and to the Legislative Assembly on
activities of the State Advisory Committee on Historic Preservation
during the preceding biennium. The director shall make any additional
reports required by the Governor or the Legislative Assembly.
(2) Reports required under subsection (1) of this section shall be
in the form and contain the information the director considers
appropriate, and shall contain the information required by the Governor
or the Legislative Assembly. [1983 c.231 §2; 1989 c.904 §58] (1) The Oregon Property
Management Account is established as a separate account in the State
Parks and Recreation Department Fund. Except as otherwise provided by
law, all moneys received by the State Advisory Committee on Historic
Preservation under law shall be paid into the State Treasury and credited
to the account. All moneys in the account and all income, interest and
earnings from the moneys in the account are appropriated continuously to
the committee to carry out the state heritage and historic preservation
laws.
(2) The committee shall keep a record of all moneys deposited in
the Oregon Property Management Account. The record shall indicate by
separate cumulative accounts the source from which the moneys are derived
and the individual activity or program against which each withdrawal is
charged.
(3) Moneys in the Oregon Property Management Account shall be
accounted for separately and shall be stated separately in the State
Parks and Recreation Department biennial budget. [1983 c.231 §5; 1989
c.904 §59]GRANTS FOR MUSEUMS (1)
As used in this section, "museum" means a public institution or private
nonprofit Oregon corporation primarily devoted to the acquisition and
public exhibition of specimens, artifacts, articles, documents and other
items that relate to history, anthropology, archaeology, science or art
and that have historical significance.
(2) The purpose of this section is to direct the Oregon Heritage
Commission to assist in projects for the collection and management of
heritage collections and for heritage-related tourism and to assist in
projects related to the heritage aspects of education and interpretation.
(3) In addition to the other duties of the commission, the
commission shall:
(a) Make biennial competitive grants to museums for projects
related to Oregon's heritage, including but not limited to projects
involving the collection and management of heritage collections, the
promotion of heritage-related tourism and the provision of education and
other interpretations related to heritage;
(b) With the assistance of the Oregon Historical Society and the
Oregon Museums Association, determine the eligibility of a museum for a
competitive grant;
(c) Advise, upon request, museum governing bodies, county governing
bodies, city governing bodies and interested citizens of the availability
of competitive grants; and
(d) Request, with the advice of the Oregon Historical Society and
the Oregon Museums Association, rules for the State Parks and Recreation
Commission to adopt under ORS 358.585 for the purpose of carrying out the
grant program. [1965 c.572 §4; 1981 c.165 §3; 1983 c.324 §14; 1993 c.736
§51; 1995 c.362 §15; 1997 c.155 §2; 2005 c.139 §1]LOCAL SYMPHONIES AND BANDS Any city having
a population of 250,000 or more may, when authorized as provided in ORS
358.840, levy each year a tax of not to exceed fifteen-hundredths of one
mill on each dollar of assessed valuation of property subject to taxation
by the city for the purpose of maintaining and employing one major
symphony orchestra, one band and one junior symphony orchestra. At the
election of the governing body of the city, the levy may be:
(1) Within the permanent rate limit for the city, but may not
increase that limit; or
(2) A local option tax described in ORS 280.040 to 280.145.
[Formerly 357.920; 2005 c.94 §114] (1) This section establishes the
procedure for submitting to election a tax levy for any of the purposes
stated in ORS 358.820. The governing body of a city:
(a) May order the election on its own resolution; or
(b) Shall order the election when a petition is filed as provided
in this section.
(2) A petition filed under this section shall request submission of
the tax levy to the city electors.
(3) The requirements for preparing, circulating and filing a
petition under this section shall be as provided for an initiative
petition in ORS 250.265 to 250.346, except that notwithstanding ORS
250.325 a city governing body shall submit the tax levy question to the
electors without first considering its adoption or rejection.
(4) Notwithstanding subsection (3) of this section, if ORS 250.255
makes ORS 250.265 to 250.346 inapplicable to a city, the requirements for
preparing, circulating and filing a petition under this section shall be
as provided for an initiative petition under the city charter or an
ordinance adopted under the city charter.
(5) The notice, time and manner of election shall be governed by
the applicable provisions of ORS chapters 246 to 260.
(6) An election under this section shall be held only at the time
of a statewide general election. [1983 c.350 §231 (enacted in lieu of
358.830); 1995 c.79 §199; 1999 c.21 §72] If a majority of the votes cast
on the proposition at the election is in favor of the proposition, the
city is authorized and required to levy a tax within the amount and for
the purpose or purposes authorized. [Formerly 357.950] The proposition of whether or not a tax
levied for the purposes of ORS 358.820 shall be annulled may be submitted
to the electors of the city in the same manner as provided for the levy
of the tax in ORS 358.831. If a majority of the votes cast on the
proposition is in favor of the proposition, no further levy for said
purposes shall be made. [Formerly 357.960]OREGON STATE MUSEUM OF NATURAL HISTORY(1) There is established an
Oregon State Museum of Natural History whose activities shall include,
but not be limited to:
(a) Extending and improving public access to the state-owned
natural history collections now stored at the University of Oregon and
any other items or collection of items which shall be acquired;
(b) Educating the public regarding Oregon's natural and
archaeological history; and
(c) Mounting special exhibitions from time to time.
(2) The Oregon State Museum of Natural History shall be located in
the museum complex, Alton Baker Park, Eugene, Lane County, Oregon. Future
plans for the museum complex are recognized to include a science
museum-planetarium, the Lane County Pioneer Museum, an adequate parking
area, a park setting and other facilities appropriate to a major museum
complex.
(3) The museum's construction and operation shall be the
responsibility of the Lane Cooperative Museum Commission.
(4) The state agency responsible for state participation in the
Oregon State Museum of Natural History shall be the Department of
Transportation. [1979 c.852 §1] (1) In relation to
the Oregon State Museum of Natural History, the Department of
Transportation is authorized to enter into a relationship with Lane
County based upon local matching funds and efforts being available in
fact.
(2) The Department of Transportation shall, in calculating the
value of funds or other local efforts to be appropriated by Lane County,
consider the value of existing or future construction, facilities in
place, landscaping, gardens and all improvements made or to be made by
Lane County. [1979 c.852 §2]OREGON STATE MARITIME MUSEUM(1) Columbia River Maritime Museum,
Incorporated, is designated the Oregon State Maritime Museum. The
activities of the museum pertaining to its function as the Oregon State
Maritime Museum may include, but are not limited to, the following:
(a) Extending and improving public access to state and privately
owned maritime collections of historical, informational or technical
interest and any other maritime items or collection of maritime items
that may be acquired in the future;
(b) Educating the public regarding Oregon's maritime history and
involvement; and
(c) Mounting special maritime exhibitions from time to time.
(2) The Department of Transportation is responsible for state
participation in the Columbia River Maritime Museum in the same manner as
the department is responsible for other historical museums in the state
under ORS 358.018. [1981 c.480 §1; 1991 c.216 §1; 2005 c.139 §2]ARCHAEOLOGICAL OBJECTS AND SITES (1)
As used in ORS 192.005, 192.501 to 192.505, 358.905 to 358.961 and
390.235:
(a) "Archaeological object" means an object that:
(A) Is at least 75 years old;
(B) Is part of the physical record of an indigenous or other
culture found in the state or waters of the state; and
(C) Is material remains of past human life or activity that are of
archaeological significance including, but not limited to, monuments,
symbols, tools, facilities, technological by-products and dietary
by-products.
(b) "Site of archaeological significance" means:
(A) Any archaeological site on, or eligible for inclusion on, the
National Register of Historic Places as determined in writing by the
State Historic Preservation Officer; or
(B) Any archaeological site that has been determined significant in
writing by an Indian tribe.
(c)(A) "Archaeological site" means a geographic locality in Oregon,
including but not limited to submerged and submersible lands and the bed
of the sea within the state's jurisdiction, that contains archaeological
objects and the contextual associations of the archaeological objects
with:
(i) Each other; or
(ii) Biotic or geological remains or deposits.
(B) Examples of archaeological sites described in subparagraph (A)
of this paragraph include but are not limited to shipwrecks, lithic
quarries, house pit villages, camps, burials, lithic scatters, homesteads
and townsites.
(d) "Indian tribe" has the meaning given that term in ORS 97.740.
(e) "Burial" means any natural or prepared physical location
whether originally below, on or above the surface of the earth, into
which, as a part of a death rite or death ceremony of a culture, human
remains were deposited.
(f) "Funerary objects" means any artifacts or objects that, as part
of a death rite or ceremony of a culture, are reasonably believed to have
been placed with individual human remains either at the time of death or
later.
(g) "Human remains" means the physical remains of a human body,
including, but not limited to, bones, teeth, hair, ashes or mummified or
otherwise preserved soft tissues of an individual.
(h) "Object of cultural patrimony":
(A) Means an object having ongoing historical, traditional or
cultural importance central to the native Indian group or culture itself,
rather than property owned by an individual native Indian, and which,
therefore, cannot be alienated, appropriated or conveyed by an individual
regardless of whether or not the individual is a member of the Indian
tribe. The object shall have been considered inalienable by the native
Indian group at the time the object was separated from such group.
(B) Does not mean unassociated arrowheads, baskets or stone tools
or portions of arrowheads, baskets or stone tools.
(i) "Police officer" has the meaning given that term in ORS 181.610.
(j) "Public lands" means any lands owned by the State of Oregon, a
city, county, district or municipal or public corporation in Oregon.
(k) "Sacred object" means an archaeological object or other object
that:
(A) Is demonstrably revered by any ethnic group, religious group or
Indian tribe as holy;
(B) Is used in connection with the religious or spiritual service
or worship of a deity or spirit power; or
(C) Was or is needed by traditional native Indian religious leaders
for the practice of traditional native Indian religion.
(L) "State police" has the meaning given that term in ORS 181.010.
(2) The terms set forth in subsection (1)(e), (f), (g), (h) and (k)
of this section shall be interpreted in the same manner as similar terms
interpreted pursuant to 25 U.S.C. 3001 et seq. [1983 c.620 §1; 1993 c.459
§1; 1995 c.588 §1] The Legislative Assembly hereby declares that:
(1) Archaeological sites are acknowledged to be a finite,
irreplaceable and nonrenewable cultural resource, and are an intrinsic
part of the cultural heritage of the people of Oregon. As such,
archaeological sites and their contents located on public land are under
the stewardship of the people of Oregon to be protected and managed in
perpetuity by the state as a public trust.
(2) The State of Oregon shall preserve and protect the cultural
heritage of this state embodied in objects and sites that are of
archaeological significance. [1983 c.620 §2; 1993 c.459 §2]The provisions of ORS 192.005, 192.501 to
192.505, 273.990, 358.905 to 358.961 and 390.235 do not apply to a person
who unintentionally discovers an archaeological object that has been
exposed by the forces of nature on public land or private property and
retains the object for personal use, except for sacred objects, human
remains, funerary objects or objects of cultural patrimony. [1983 c.620
§15; 1993 c.459 §3] (1)(a) A person may
not excavate, injure, destroy or alter an archaeological site or object
or remove an archaeological object located on public or private lands in
Oregon unless that activity is authorized by a permit issued under ORS
390.235.
(b) Collection of an arrowhead from the surface of public or
private land is permitted if collection can be accomplished without the
use of any tool.
(c) It is prima facie evidence of a violation of this section if:
(A) A person possesses the objects described in paragraph (a) of
this subsection;
(B) A person possesses any tool that could be used to remove such
objects from the ground; and
(C) A person does not possess a permit required under ORS 390.235.
(2) A person may not sell, purchase, trade, barter or exchange or
offer to sell, purchase, trade, barter or exchange any archaeological
object that has been removed from an archaeological site on public land
or obtained from private land within the State of Oregon without the
written permission of the landowner.
(3)(a) A person may not sell, trade, barter or exchange or offer to
sell, trade, barter or exchange any archaeological object unless the
person furnishes the purchaser a certificate of origin to accompany the
object that is being sold or offered. The certificate shall include:
(A) For objects obtained from public land:
(i) A statement that the object was originally acquired before
October 15, 1983.
(ii) The location from which the object was obtained and a brief
cumulative description of how the object had come into the possession of
the current owner in accordance with the provisions of ORS 358.905 to
358.961 and 390.235.
(iii) A statement that the object is not human remains, a funerary
object, sacred object or object of cultural patrimony.
(B) For objects obtained from private land:
(i) A statement that the object is not human remains, a funerary
object, sacred object or object of cultural patrimony.
(ii) A copy of the written permission of the landowner to acquire
the object.
(b) As used in this subsection, "certificate of origin" means a
signed and notarized statement that meets the requirements of paragraph
(a) of this subsection.
(4)(a) If the archaeological object was acquired after October 15,
1983, from public lands, any object not described in paragraph (b) of
this subsection is under the stewardship of the state and shall be
delivered to the Oregon State Museum of Anthropology. The museum shall
work with the appropriate Indian tribe and other interested parties to
develop appropriate curatorial facilities for artifacts and other
material records, photographs and documents relating to the cultural or
historic properties in this state. Generally, artifacts shall be curated
as close to the community of their origin as their proper care allows. If
it is not feasible to curate artifacts within this state, the museum may
after consultation with the appropriate Indian tribe or tribes enter into
agreements with organizations outside this state to provide curatorial
services; and
(b) If the object is human remains, a funerary object, a sacred
object or an object of cultural patrimony, it shall be dealt with
according to ORS 97.740, 97.745 and 97.750.
(5) A person may not excavate an archaeological site on privately
owned property unless that person has the property owner's written
permission.
(6) If human remains are encountered during excavations of an
archaeological site on privately owned property, the person shall stop
all excavations and report the find to the landowner, the state police,
the State Historic Preservation Officer and the Commission on Indian
Services. All funerary objects relating to the burial shall be delivered
as required by ORS 358.940.
(7) This section does not apply to a person who disturbs an Indian
cairn or burial. Any person who disturbs an Indian cairn or burial for
any reason shall comply with the provisions of ORS 97.740 to 97.760.
(8) Violation of the provisions of this section is a Class B
misdemeanor. [1983 c.620 §3; 1993 c.459 §4; 1995 c.543 §4; 1997 c.249
§115]
(1) Is kept within this state;
(2) Is curated under customary museum standards; and
(3) Is available for nondestructive study by museums and
educational institutions located in this state. [1993 c.459 §16]Note: 358.923 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 358 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) Archaeological objects,
funerary objects, human remains, sacred objects and objects of cultural
patrimony that are held in violation of the provisions of ORS 358.920 or
390.235 are contraband. A police officer shall seize all items declared
to be contraband under the provisions of this section if the police
officer has reasonable cause to believe the items are held in violation
of the provisions of ORS 358.920 or 390.235.
(2) A law enforcement agency employing a police officer who seizes
contraband items under this section shall give notice of the seizure to
the district attorney for the county in which the items are seized. The
district attorney shall promptly investigate to determine whether any
person claims the items seized.
(3) If any person claims items seized under this section, the
district attorney shall file a petition with the circuit court for the
county for an expedited hearing on the claim. The court shall conduct a
hearing for the sole purposes of determining:
(a) Whether the items are archaeological objects, funerary objects,
human remains, sacred objects or objects of cultural patrimony;
(b) Whether any arrowheads seized under this section were collected
in compliance with ORS 358.920 (1)(b); and
(c) Whether a person claiming an item other than an arrowhead can
lawfully possess the item under ORS 358.905 to 358.961.
(4) If items seized under this section are not claimed by any
person, or the circuit court determines that the items may not be
returned to the claimant under the provisions of subsection (3) of this
section:
(a) Archaeological objects shall be delivered to the Oregon State
Museum of Anthropology and curated as described in ORS 358.920 (4)(a).
(b) Funerary objects, human remains, sacred objects and objects of
cultural patrimony shall be returned to the appropriate tribe for
reinterment or other disposition as provided in ORS 358.940. [2001 c.739
§2]Note: 358.924 and 358.928 were added to and made a part of 358.905
to 358.961 by legislative action but were not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.(1) Violation of ORS 358.920 or
390.235 is prohibited conduct for the purposes of ORS chapter 475A.
Proceeds and instrumentalities of a violation of ORS 358.920 or 390.235
may be seized and forfeited in the manner provided by ORS chapter 475A.
An action for civil forfeiture under this section may be commenced by the
Attorney General or by the district attorney for the county in which any
of the property is seized.
(2) Property subject to forfeiture under this section may be seized
by a police officer upon court process. Seizure without process may be
made if:
(a) The seizure is incident to a lawful arrest or search or an
inspection under an administrative inspection warrant; or
(b) The property subject to seizure has been the subject of a prior
judgment in favor of the state.
(3) In the event of a seizure under subsection (1) of this section,
a forfeiture proceeding shall be instituted promptly. Property taken or
detained under this section shall not be subject to replevin, but is
deemed to be in the custody of the police officer making the seizure,
subject only to the order of the court. When property is seized under
this section, pending forfeiture and final disposition, the police
officer may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the court; or
(c) Require another agency authorized by law to take custody of the
property and remove it to an appropriate location.
(4) In any action brought under this section, the circuit court
shall give priority to the hearing and determination. Pending final
determination, the circuit court may at any time enter such injunctions,
prohibitions or restraining orders, or take such actions as the court may
deem proper.
(5) A judgment rendered in favor of the state in any criminal
proceeding for a violation of ORS 358.920 or 390.235 shall estop the
defendant in any subsequent civil action or proceeding brought by the
state or any other person as to all matters as to which such judgment
would be an estoppel as between the state and the defendant.
(6) Notwithstanding any provision of ORS chapter 475A, after entry
of a judgment of forfeiture in an action under this section, a forfeiting
agency shall deliver the forfeited property and proceeds of the forfeited
property to the Commission on Indian Services after making any deductions
allowed for costs incurred by the forfeiting agency. The commission shall
deliver the property and proceeds to the appropriate Indian tribe, as
designated by the commission. If there is no appropriate Indian tribe,
the commission shall use the property and proceeds for Indian historic
preservation. [1983 c.620 §4; 1993 c.459 §5; 2001 c.739 §4; 2003 c.576
§437](1) All
instrumentalities or proceeds from the violation of the provisions of ORS
358.920 to 358.955 or 390.235 are subject to civil forfeiture to the
appropriate Indian tribe, as designated by the Commission on Indian
Services. All forfeitures under this section shall be made with due
provision for the rights of innocent persons.
(2) Property subject to forfeiture under this section may be seized
by a police officer upon court process. Seizure without process may be
made if:
(a) The seizure is incident to a lawful arrest or search or an
inspection under an administrative inspection warrant; or
(b) The property subject to seizure has been the subject of a prior
judgment in favor of the state.
(3) Any police officer seizing property under this section shall
promptly contact the Commission on Indian Services. The commission shall
designate the appropriate tribe, and give notice to the tribe of the
seizure. A civil forfeiture proceeding under ORS 358.925 may not be
commenced if the tribe gives written notice that the tribe intends to
seek forfeiture under this section. Notice by the tribe must be given
within 30 days after the commission gives notice to the tribe of the
seizure.
(4) Property seized under this section shall be held by the police
agency that employs the police officer pending judgment in an action
under this section. The property shall not be subject to replevin.
Pending judgment in the action, the police agency may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the court; or
(c) Require another agency authorized by law to take custody of the
property and remove it to an appropriate location.
(5) In any action brought under this section, the circuit court
shall give priority to the hearing and determination. Pending final
determination, the circuit court may at any time enter such injunctions,
prohibitions or restraining orders, or take such actions, including the
acceptance of satisfactory performance bonds, as the court may deem
proper.
(6) The defendant or the tribe may demand a trial by jury in any
civil action brought under this section.
(7) A judgment rendered in favor of the state in any criminal
proceeding for a violation of ORS 358.920 to 358.955 or 390.235 shall
estop the defendant in any action under this section as to all matters as
to which such judgment would be an estoppel as between the state and the
defendant. [2001 c.739 §3; 2003 c.576 §438]Note: See note under 358.924. Any
instrumentality or proceeds seized under the provisions of ORS 358.925
shall be preserved and retained. If any instrumentality or proceeds are
not forfeited under ORS 358.925 or 358.928, at the time the court
sentences the defendant in the criminal prosecution for violation of the
archaeology laws the court may order that any instrumentality or proceeds
from a violation of ORS 358.920 or 390.235 be forfeited. [1983 c.620 §6;
1995 c.543 §9; 1999 c.1051 §269; 2001 c.104 §123; 2001 c.739 §5](1) A person who disturbs native Indian
remains or a funerary object at or associated with an archaeological site
shall reinter at the person's expense those remains or funerary objects
under the supervision of an Indian tribe as provided in ORS 97.750.
(2) Any native Indian sacred object, object of cultural patrimony
or native Indian funerary object shall be reported to the appropriate
Indian tribe and the Commission on Indian Services. The appropriate
Indian tribe, with the assistance of the State Historic Preservation
Officer, shall arrange for the return of any objects to the appropriate
Indian tribe. [1983 c.620 §7; 1993 c.459 §7] (1) If a
person who is conducting an archaeological investigation on public lands
according to the provisions of ORS 390.235 or on private land with the
owner's written permission finds a sacred object or object of cultural
patrimony, the person conducting the archaeological investigation shall
notify in writing:
(a) The State Historic Preservation Officer; and
(b) The appropriate ethnic group, religious group or Indian tribe
with which the object is associated.
(2) If a sacred object or object of cultural patrimony is recovered
on any land, the State Historic Preservation Officer shall assist the
appropriate group to repossess the object.
(3) This section does not apply to the contents of an Indian cairn
or burial regulated under ORS 97.740 to 97.760.
(4) Failure to notify the appropriate Indian tribe as required by
subsection (1)(b) of this section is a Class B misdemeanor. [1983 c.620
§8; 1993 c.459 §8; 1995 c.543 §5; 1997 c.249 §116; 2001 c.104 §124] (1)
Any person who conducts an archaeological excavation associated with a
prehistoric or historic American Indian archaeological site shall notify
the most appropriate Indian tribe. The notification shall include, but
not be limited to:
(a) The location and schedule of the forthcoming excavation;
(b) A description of the nature of the investigation; and
(c) The expected results of the investigation.
(2) After notifying the appropriate Indian tribe under subsection
(1) of this section, the person conducting the archaeological excavation
shall consult a representative of the tribe to establish a procedure for
handling sacred objects recovered during the archaeological excavation.
(3) A delegate from the appropriate Indian tribe may be present
during the excavation.
(4) If requested, the Commission on Indian Services shall assist a
person in locating the appropriate Indian tribe.
(5) At the conclusion of the investigation, the person conducting
the excavation shall prepare and forward a copy of a report on excavation
findings to the Commission on Indian Services and to the appropriate
Indian tribe.
(6) Failure to notify the appropriate Indian tribe as required by
subsection (1) of this section is a Class B misdemeanor. [1983 c.620 §9;
1985 c.198 §4; 1995 c.543 §6](1) Under the provisions of ORS 358.905 to
358.961, if a property owner is deprived of an otherwise lawful use of
private property, the state shall compensate the property owner for the
loss in value under the procedures set forth in ORS chapter 35.
(2) Notwithstanding any other provision of law, if human remains,
funerary objects, sacred objects or objects of cultural patrimony are
removed from private property at a tribe's request, the tribe shall pay
the expenses of removal and, at its expense, restore the private property
to its condition prior to the removal. [1993 c.459 §18] (1) Any person or the Attorney General,
on behalf of the state, may institute a civil proceeding against a person
who violates the provisions of ORS 358.920, 358.945, 358.950 or 390.235.
In such proceeding, relief shall be granted in conformity with the
principles that govern the granting of injunctive relief in other civil
cases, except that no showing of special or irreparable damage to the
person shall have to be made. Upon the execution of the proper bond
against damages for an injunction improvidently granted and a showing of
immediate danger of significant loss or damage, a temporary restraining
order or a preliminary injunction may be issued in any such action before
a final determination on the merits.
(2) In any proceeding brought under this section, the court may
allow the prevailing party to recover costs, expert witness fees, and
reasonable attorney fees at trial and upon appeal.
(3) The Attorney General may, upon timely application, intervene in
any civil action or proceeding brought under subsection (1) of this
section if the Attorney General certifies that in the opinion of the
Attorney General, the action or proceeding is of general public
importance. In such action or proceeding, the state shall be entitled to
the same relief as if the Attorney General instituted the action or
proceeding. [1983 c.620 §10; 2001 c.739 §6] The application of one civil remedy
under any provision of ORS 358.905 to 358.961 does not preclude the
application of any other remedy under ORS 358.905 to 358.961 or under any
other provision of statutory or common law. [2001 c.739 §8]Notwithstanding any other provision of law, a criminal or civil
action or proceeding for a violation of ORS 358.920 to 358.955 and
390.235 may be commenced at any time within five years after the conduct
in violation of a provision of ORS 358.920 to 358.955 and 390.235
terminates or the cause of action accrues. If a criminal prosecution,
civil action or other proceeding is brought to punish, prevent or
restrain any violation of the provisions of ORS 358.920 to 358.955 or
390.235, the running of the period of limitations prescribed by this
section with respect to any cause of action arising under ORS 358.955
that is based in whole or in part upon any matter complained of in any
such prosecution, action or proceeding shall be suspended during the
pendency of such prosecution, action or proceeding and for two years
following its termination. [2001 c.739 §9]
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