justicedao/ipfs_state_laws huggingface dataset:
736-050-0220 State Advisory Committee on Historic Preservation: Federal Requirements and Purpose (1) The National Historic Preservation Act of 1966, as amended, ( 54 USC § 300101 et seq. ) (Act), specifies basic requirements for state historic preservation programs. The requirements and responsibilities listed in the Act are incorporated into federal rule, 36 CFR Part 60 (2020 edition) and 36 CFR Part 61 (2020 edition) , which are hereby adopted by reference into OAR 736-050-0230 to OAR 736-050-0270. (2) The Oregon State Historic Preservation Office must construe OAR 736-050-0230 to OAR 736-050-0270 to effectuate the purposes and implement the provisions of the Act and its implementing rules. The public policy specifically includes affording each owner of private property within the boundary of a building, district, object, site, or structure, as defined in 36 CFR § 60.3(a), (d), (j), (l), and (p) (2020) nominated to the National Register of Historic Places (National Register) a single opportunity to object to listing the property in the National Register regardless of how many properties or what part of one property that person owns as provided in 36 CFR § 60.6(g)(2020) . (3) The Oregon State Historic Preservation Office identifies and nominates properties to the National Register that represent the full breadth of Oregon’s history and the contributions of the state’s diverse communities. . Statutory/Other Authority: ORS 358.617 Statutes/Other Implemented: ORS 358.605 History: PRD 7-2021, amend filed 06/25/2021, effective 06/25/2021 PRD 5-2002, f. & cert. ef. 4-10-02 PR 9-1995, f. 10-12-95, cert. ef. 10-16-95 PR 8-1991, f. & cert. ef. 6-13-91
736-050-0240 State Advisory Committee on Historic Preservation: Organization and Duties (1) The SHPO may delegate authority under this division to the Deputy SHPO or the Associate Deputy SHPO. (2) The Governor appoints committee members as described in ORS 358.622 . (3) Committee members appointed to fill unexpired terms serve for the remainder of the term of the vacating member. (4) Committee members may serve no more than two consecutive terms of appointment unless the Governor approves another consecutive term. A committee member appointed under section (3) may be considered for reappointment for two, full consecutive terms as described in section (4). A committee member may serve beyond an appointed term until the Governor appoints a replacement. (5) The SHPO must nominate a chairperson and vice chairperson to the Governor for consideration. The Governor appoints the chairperson and vice chairperson for a two-year term or until the end of their second, full consecutive term, whichever occurs first. The chairperson and vice chairperson may serve consecutively in either role through their terms. The chairperson and vice chairperson may serve beyond their appointed term as chair and vice chair until the Governor appoints a replacement. (6) The chairperson conducts committee meetings. The vice chairperson must fulfill this role when the chairperson is unavailable. The SHPO must appoint a committee member to conduct the meeting when the chairperson and vice chairperson are both unavailable. (7) The committee may define additional responsibilities for the chairperson and vice chairperson. (8) A committee member may resign by submitting a written resignation letter to the Governor, chairperson, and SHPO. The chairperson may resign by submitting a written resignation letter to the Governor and the SHPO. (9) The SHPO must request that the Governor remove a committee member absent for two consecutive meetings without prior permission from the chairperson or, in the absence of the chairperson, the vice chairperson. (10) The committee must carry out the duties described under 36 CFR § 61.4(f)(6) (2020) and ORS 358.622 ; and (a) Meet at least three times annually; (b) Review National Register nomination forms submitted to the committee by the SHPO for review as provided in OAR 736-050-0260; (c) Review and make recommendations to the SHPO on the Oregon State Historic Preservation Plan, and provide advice on comprehensive historic preservation planning processes; and (d) Perform other duties as requested by the SHPO. (11) The committee may take the following actions in the interest of carrying out the body’s duties: (a) Create advisory committees or subcommittees; (b) Appoint committee members to serve as representatives to another body; and (c) Adopt standard practices to carry out committee duties. Statutory/Other Authority: ORS 358.617 Statutes/Other Implemented: ORS 358.622 History: PRD 7-2021, amend filed 06/25/2021, effective 06/25/2021 PRD 5-2002, f. & cert. ef. 4-10-02 PR 9-1995, f. 10-12-95, cert. ef. 10-16-95 PR 8-1991, f. & cert. ef. 6-13-91
736-050-0270 State Advisory Committee on Preservation: Incorporation of Publications by Reference and Effective Date of Rule (1) The publication(s) referred to or incorporated by reference in OAR 736-050-0220 through OAR 736-050-0270 are available from the Oregon SHPO. (2) This division adopts by reference the following publications of the National Park Service: “ The National Register of Historic Places Regulations (36 CFR Part 60): A Brief History and Annotated Guide,” August 2012; “Historic Preservation Fund Grant Manual” (June 2007); National Register Bulletin 15, “How to Apply the National Register Criteria for Evaluation” (1995); National Register Bulletin 16A, “How to Complete the National Register Form” (1997); National Register Bulletin 16B, “How to Complete the National Register Multiple Documentation Form” (1999); National Register Bulletin 21 and 12, “Defining Boundaries for National Register Properties” (1997); and “Preparing National Register Nominations in Oregon” (2021), published by the Oregon SHPO. (3) OAR 736-050-0220 through OAR 736-050-0270 are effective upon filing of the rule with the Secretary of State. (4) OAR 736-050-0250(15)(c)(B), OAR 736-050-0250(18)(e), and OAR 736-050-0250(18)(f)(B) are not applicable to National Register forms submitted before the effective date of this division. Statutory/Other Authority: ORS 358.617 Statutes/Other Implemented: ORS 358.605 History: PRD 7-2021, adopt filed 06/25/2021, effective 06/25/2021
736-051-0000 Dispute Resolution Process (1) OAR 736-051-0000 through 736-051-0050 establish procedures the Oregon Parks and Recreation Department shall use in resolving a dispute over: (a) The issuance of an archaeological permit pursuant to ORS 390.235; (b) Curation facilities for archaeological objects uncovered pursuant to a permit issued under ORS 390.235; (c) The disposition of human remains or funerary objects as identified in ORS 97.750. (2) Throughout the dispute resolution process, the location of archaeological sites and objects will be kept from public disclosure pursuant to ORS 192.345(11) and include provisions for protecting confidential information. Statutory/Other Authority: ORS 390.124 & ORS 390.240 Statutes/Other Implemented: ORS 390.124 & ORS 390.240 History: PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023 PR 6-1994, f. & cert. ef. 4-22-94
736-051-0020 Disputes Covered by the Dispute Resolution Process OAR 736-051-0000 through 736-051-0050 cover disputes among or between persons or entities that have statutory authority to: approve or object to the issuance of an archaeological permit, approve or object to a proposed curatorial facility, approve or object to the disposition of human remains, funerary objects, sacred objects, or objects of cultural patrimony; apply for an archaeological permit. (1) Beginning July 1, 2023, after a permit application is sent for review, disputes may arise among or between entities with approval authority and applicants over terms, conditions, or objections, where: (a) An entity with approval authority over an application for a permit objects to its issuance, based on one or more of the following; (A) Due to any terms or conditions. (B) In response to a failure of an applicant to comply with a prior permit, issued on or after July 1, 2023. (C) Over a failure to address comments to a report intending to satisfy terms and conditions of a prior permit, issued on or after July 1, 2023. The entity with approval authority must provide documentation supporting failure to address comments. (D) Due to a known prior violation of ORS 390.235 by the applicant for failing to obtain a permit, on or after July 1, 2023. (b) The applicant disagrees with any terms or conditions of a permit; (c) The applicant disagrees with an objection to their permit application under subsection (a). (2) Disputes may arise over the selection of curatorial facilities for the removal of archaeological objects on public lands where: (a) An entity that has approval authority objects to the choice of an alternate curatorial facility; or (b) The applicant disagrees with the choice of an alternate curatorial facility made by an entity with approval authority. (3) Disputes may arise over the disposition of human remains, funerary objects, sacred objects, or objects of cultural patrimony as described in ORS 97.740. Statutory/Other Authority: ORS 390.124 & ORS 390.240 Statutes/Other Implemented: ORS 97.750, ORS 390.235 & ORS 97.740 History: PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023 PR 6-1994, f. & cert. ef. 4-22-94
736-051-0030 Informal Dispute Resolution (Negotiation) (1) If the applicant or an entity with approval authority over an application for a permit objects to the approval or objection of a permit or any of its terms or conditions, they shall notify the State Historic Preservation Office (SHPO) in writing. (2) The SHPO shall initiate an informal process by which the disputing parties shall attempt to reach agreement. By mutual agreement, the disputing parties may include the SHPO or other third parties in this process, without compensation. Completion of the informal dispute resolution negotiation shall last no more than 60 days. (3) At any time, a disputing party can terminate the informal dispute resolution negotiation and submit the dispute to mediation or withdraw the dispute by notifying all parties in writing. Statutory/Other Authority: ORS 390.124 & ORS 390.240 Statutes/Other Implemented: ORS 390.240 History: PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023 PR 6-1994, f. & cert. ef. 4-22-94
736-051-0040 Mediation (1) Entities with approval authority shall compile and maintain a list of potential mediators. (2) Within 10 calendar days of receipt of a written request to mediate, the SHPO shall provide the disputing parties with a list of at least three potential mediators, including written credentials of each one. (3) Within 10 calendar days of receipt of the list of potential mediators, each disputing party shall notify the SHPO if one or more of the mediators is acceptable. (4) Disputing parties may interview potential mediators. All parties shall agree on the choice of mediator within five working days after the list of acceptable mediators is forwarded to the SHPO. (5) The mediator shall assist the disputing parties in preparing for mediation. Such preparations shall include: (a) A statement of the issues to be mediated; (b) A list of the parties participating in the mediation; (c) An estimated completion date for the mediation process. By mutual consent, deadlines may be established for ending or continuing the mediation process; (d) A statement of what shall constitute agreement. An understanding of what constitutes agreement shall include adequate time for each disputing party’s decision-making body to ratify a tentative agreement reached by the mediator and the disputing parties; (e) Throughout the dispute resolution process, the location of archaeological sites and objects will be kept from public disclosure pursuant to ORS 192.345(11), and include provisions for protecting confidential information about traditional or sacred places and practices, or other sensitive information associated with archaeological sites and objects; (f) Provisions for payment of the mediator’s services, if the services are not voluntary; (g) Any other procedural matters the disputing parties determine need resolution before mediation begins on the substantive issues. Statutory/Other Authority: ORS 390.124 & ORS 390.240 Statutes/Other Implemented: ORS 390.240 History: PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023 PR 6-1994, f. & cert. ef. 4-22-94
736-051-0050 Arbitration (1) If the mediation under OAR 736-051-0040 does not yield a result satisfactory to all parties, the disputing parties shall notify the SHPO in writing, and the dispute shall proceed to arbitration. (2) The SHPO, a member of the arbitration panel, shall notify each of the following of the need to designate one representative to additionally serve on an arbitration panel: (a) The LCIS; (b) State designated curatorial facility; (c) The governing bodies of the most appropriate Indian tribes; (3) All panel members shall be designated within 10 calendar days of receipt of SHPO’s notification. (4) By consensus, the panel shall: (a) Choose a chair who shall be responsible for scheduling arbitration sessions, notifying parties with standing in the dispute, and convening the arbitration session; and (b) Establish the procedural framework for the arbitration. (5) The issues to be arbitrated are limited to those which could not be resolved by the mediation process as provided in ORS 390.240(1)(a)-(b). (6) Any party that declines to participate in the mediation or arbitration process waives its right to approve the permit application, or to set conditions on the approval of the permit application. Statutory/Other Authority: ORS 390.124 & ORS 390.240 Statutes/Other Implemented: ORS 390.240 History: PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023 PR 6-1994, f. & cert. ef. 4-22-94
736-051-0060 Application for Archaeological Permit (1) OAR 736-051-0060 through 736-051-0090 establish procedures the department, shall use in issuing archaeological permits on public and private lands. (2) Under ORS 192.345(11), information pertaining to the location of archaeological objects and sites are confidential and exempt from public disclosure. Requirements outside those in this rule from local processes or other rules that contradict any of the roles and responsibilities herein, are not enforceable under this process in part due to this exemption. Statutory/Other Authority: ORS 390.235(1)(d) Statutes/Other Implemented: ORS 390.235 History: PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023 PR 1-1995, f. & cert. ef. 1-3-95
736-051-0090 Archaeological Permits: Process for Applying for an Archaeological Permit on Private Lands (1) A person may not excavate, injure, destroy, or alter an archeological site or object, or remove an archeological object from private lands in Oregon unless that activity is authorized by a permit that the director issues pursuant to this rule: (a) The department does not require permits for archaeologists to conduct exploratory excavation to determine the presence of an archaeological site on private lands; (b) If an archaeological site is identified, all excavation must stop and the archaeologist shall record the site on a State of Oregon Archaeological Site Record and submit to SHPO. (c) If additional investigation is necessary for an archaeologist to establish the boundary of the site, continue excavation of any exploratory probes, or conduct further archaeological excavations or collection of archaeological objects, it will require a permit that the department issues pursuant to this rule. (2) A person who desires an archaeological permit on private lands pursuant to ORS 358.920(1)(a) and ORS 390.235 must submit a request to the director: (a) A complete application for an archaeological permit on private lands must: (A) Meet the same requirements provided for a public lands application in OAR 736-051-0080(3). (B) Be accompanied by a copy of the landowner’s written permission pursuant to ORS 358.920(5), and (C) Include a written statement concerning the disposition of any recovered archaeological objects not covered by ORS 358.920(4)(b); (b) The archaeological permit process for private lands is the same as OAR 736-051-0080 (2)-(12) relating to permits on public lands. (3) Unless authorized by ORS 97.750, the department will not issue an archaeological permit on private lands for burials, human remains, funerary objects, sacred objects, or objects of cultural patrimony. (4) Disputes over an archaeological permit on private lands shall be resolved pursuant as provided in OAR 736-051-0000 through 736-051-0050. (5) The director, in coordination with appropriate Indian tribe(s) may amend archaeological permits where: (a) The applicant requests amendments to an active, issued archaeological permit. (b) Amendment requests address anything in the issued permit, with the exception of field methods. (c) An amendment request to extend permit deadlines and deliverables may not exceed more than one-year. (d) An amendment requesting a change in responsibility over an issued permit must be signed by both the current and proposed applicant. If either the proposed or current applicant is not available, the amendment requestor must contact the director to determine if a new permit is needed. (e) The director will send amendment requests for a 10-day review to entities with approval authority. Statutory/Other Authority: ORS 390.235 & ORS 390.240 Statutes/Other Implemented: ORS 390.235 History: PRD 4-2023, minor correction filed 08/28/2023, effective 08/28/2023 PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023 PRD 4-2017, minor correction filed 10/20/2017, effective 10/20/2017 PR 1-1995, f. & cert. ef. 1-3-95
736-052-0000 Purpose The department is required to adopt administrative rules by ORS 358.640(4). This division provides the department procedure for considering a request for approval from a state agency to transfer, sell, demolish, substantially alter or otherwise dispose of any historic artifacts pursuant to ORS 358.640(3) and 358.647. This division specifically excludes real property matters governed by ORS 358.653 and archaeological objects provided for in ORS 358.905 to 358.961. Statutory/Other Authority: ORS 358.640(4) Statutes/Other Implemented: ORS 358.640(3) & 358.647 History: PRD 4-2003, f. & cert. ef. 5-16-03
736-052-0001 Definitions For the purposes of this division the following definitions shall apply: (1) "Department" means the Oregon Parks and Recreation Department. (2) "Historic artifacts" means three-dimensional objects including furnishings, art objects and items of personal property which have historic significance. "Historic artifacts" does not include paper, electronic media or other media that are classified as public records. "Historic Artifacts" does not include "archaeological objects" as defined in ORS 358.905(1)(a). (3) "Historic Significance" as used in the definition of "historic artifacts" connotes a historic artifact that was important, meaningful, or influenced past events, or is famous. Historic significance may be determined by the Oregon Heritage Commission or by the department based on an inventory of historic artifacts, including: (a) The inventory of historic property prepared by the former Historic Properties Commission; (b) A local government’s acknowledged comprehensive plan inventory of historic resources under Statewide Planning Goal 5; or (c) The inventory of state-owned cultural properties coordinated by the Oregon Heritage Commission pursuant to ORS 358.595; or (d) A state agency’s inventory of historic artifacts prepared by a professional. (4) "Indian tribe" as provided in ORS 182.162(2), means a federally recognized Indian tribe in Oregon. (5) "Museum" as provided in ORS 358.415(1), is an institution located in Oregon and operated by a nonprofit corporation or public agency, primarily educational, scientific or aesthetic in purpose, which owns, borrows or cares for, and studies, archives or exhibits property. (6) "Oregon Heritage Commission" means the commission charged, along with the department, with identifying and cataloging state-owned historic artifacts. (7) "Professional" means a person who possesses knowledge, experience, and demonstrable competence in methods and techniques appropriate to evaluate the nature and content of an item or collection of historic artifacts. (8) "State agency" as provided in ORS 358.635(2), includes all officers, employees, agencies, boards, committees and commissions of the legislative, executive, administrative and judicial branches of state government. (9) "Surplus Property" as provided in OAR 125-050-0000(11), means all personal property, vehicles and titled equipment excess to the state's needs available for sale to state agencies, political subdivisions of the state and private not-for-profit organizations and/or the general public. (10) "Temporary transfer or loan" includes all deposits of state-owned historic artifacts with a state or federal agency, a person as defined in ORS 174.100(5), a museum, local government as defined in ORS 174.116(1), or an Indian tribe, which are not accompanied by a transfer of title to the property. Statutory/Other Authority: ORS 358.640(4) Statutes/Other Implemented: ORS 358.640(3) & 358.647 History: PRD 4-2003, f. & cert. ef. 5-16-03
736-052-0020 Department Determination (1) The department shall approve, approve with conditions, or deny the request, in whole or in part. The department may approve or approve with conditions a request to transfer if the request complies with applicable state and federal law. The department may approve or approve with conditions the request, in whole or in part, through a Memorandum of Agreement with the requesting state agency. An approval from the department may express conditions of approval that: (a) Restrict destination of transferred items; (b) Suggest transfer, loan or sale of specific historic artifacts to individuals, state agencies, organizations, museums or Indian tribes; (c) In cases of demolition or alteration, require actions to mitigate the effects of the demolition or alteration; or (d) Require conditions of sale. (2) Should the requesting state agency object to conditions attached to an approval by the department, the state agency and the department will meet to resolve the dispute. (3) State agencies that fail to get department approval or that do not agree with conditions imposed by the department for transferring, selling, demolishing, substantially altering or otherwise disposing of any historic artifact are prohibited from transferring, selling, demolishing, substantially altering or otherwise disposing, any historic artifact(s) from their ownership, until such time as agreement can be reached. Statutory/Other Authority: ORS 358.640(4) Statutes/Other Implemented: ORS 358.640(3) & 358.647 History: PRD 4-2003, f. & cert. ef. 5-16-03
736-052-0030 Time for Review by Department (1) The department shall review a state agency request within 60 days. The department shall inform the state agency of its approval, approval with conditions, or denial, in whole or in part of the state agency request at the earliest practicable time. (2) If the information required by OAR 736-052-0010 is not included with the state agency request, the department shall notify the state agency that the 60-day review period has not begun, what information required by 736-052-0010 is missing or incomplete, and that the 60-day review period will begin when the missing or complete information is received by the department. Statutory/Other Authority: ORS 358.640(4) Statutes/Other Implemented: ORS 358.640(3) & 358.647 History: PRD 4-2003, f. & cert. ef. 5-16-03