reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.640 - State-owned historic artifacts; catalog; recommendations to state agency; rules.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.645 - Review of private property of historic significance.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.647 - Transfer of state-owned historic artifact.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.650 - Acceptance of historic artifact as gift to state; custody; finders fees.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.653 - Conservation program; leases.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.662 - Definitions for ORS 358.662 to 358.678.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.664 - Historic Preservation Revolving Loan Fund.

(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) To pay 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.
(c) To pay expenses incurred by the Attorney General in the exercise of the Attorney General’s enforcement authority described in ORS 358.955 or in the Attorney General’s criminal prosecution of violations of ORS 358.905 to 358.961 or ORS chapter 97 or 390.
(d) To promote public education regarding cultural preservation.
(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;
(e) Interest and other earnings on moneys in the fund;
(f) Moneys recovered by the Attorney General in the exercise of the Attorney General’s enforcement authority described in ORS 358.955; and
(g) Gifts, grants or donations received from any source.
(3) The State Historic Preservation Officer may seek or accept gifts, grants or donations from any source for the purposes specified in subsection (1)(c) and (d) of this section. Moneys received under this subsection shall be paid into the fund established in subsection (1) of this section. [2001 c.540 §30; 2009 c.89 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.666 - Historic Preservation Revolving Loan Fund Review Committee.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.672 - Lien created when historic preservation loan made; procedure; foreclosure.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.674 - Types of property for which historic preservation loan may be made.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.676 - Rules; fees.

(1) The State Historic Preservation Officer shall adopt rules:
(a) 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.
(b) Establishing criteria and procedures for the payment of moneys to the Attorney General for expenses described in ORS 358.664.
(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.
(e) Facilitating the promotion of public education regarding cultural preservation. [2001 c.540 §§31a,36; 2009 c.89 §2]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.678 - Annual report.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.680 - Definitions for ORS 358.683 to 358.690.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.683 - Oregon Property Management Program; rules.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.685 - Duties of director.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.687 - Reports.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.690 - Oregon Property Management Account.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.730

[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; renumbered 358.583 in 2007]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.820 - Tax levy for municipal orchestras and band.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.831 - Election to levy tax.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.840 - Action upon favorable vote.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.850 - Annulment of tax.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.880 - Oregon State Museum of Natural History; activities; location; operation; state participation.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.885 - Lane County matching fund relationship.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.900 - Oregon State Maritime Museum; functions; participation by Department of Transportation.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.910 - Policy.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.915 - Application.

The provisions of ORS 192.005, 192.338, 192.345, 192.355, 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 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; 2017 c.242 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.923 - When collection may be held notwithstanding ORS 358.920 (3) and (4).

Notwithstanding the provisions of ORS 358.920 (3) and (4), any collection of objects described in those subsections may be held if the collection:
(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.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.924 - Objects held unlawfully considered contraband; seizure; procedure; disposition of seized objects.

(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 and the Commission on Indian Services. The district attorney shall promptly investigate to determine whether any person or Indian tribe claims the items seized. The commission shall designate any appropriate Indian tribe and give notice to the tribe of the seizure.
(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; 2017 c.242 §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.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.925 - Seizure of instrumentalities and proceeds of certain violations; forfeiture; procedure.

(1) Violation of ORS 358.920 or 390.235 is prohibited conduct for the purposes of ORS chapter 131A. 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 131A. 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 131A, 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; 2009 c.78 §59]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.928 - Alternative method for seizure and forfeiture of instrumentalities and proceeds of certain violations; procedure.

(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.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.935 - Forfeiture of seized objects in criminal prosecution.

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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.937 - Declination to prosecute certain violations; notice required; authority of Attorney General to prosecute; requirement to provide investigatory reports to Commission on Indian Services.

(1)(a) If a district attorney of a county declines to prosecute a violation of ORS 358.920 or 390.235 for a reason other than insufficient admissible evidence, within 30 days of the declination the district attorney shall give written notice of the declination to the Attorney General. The notice must contain the reasons underlying the declination to prosecute. Upon receipt of the notice, the Attorney General may take full charge of any investigation of, or prosecution for, conduct in violation of ORS 358.920 or 390.235.
(b) The Attorney General may require the aid and assistance of the district attorney in all matters pertaining to any investigation or prosecution authorized under this section and to the duties of the Attorney General in the county in which the district attorney holds office.
(2) If the Attorney General chooses to investigate or prosecute under this section, the Attorney General shall have all the powers of a district attorney including:
(a) The power to issue subpoenas;
(b) The power to prepare charging instruments; and
(c) All other powers incidental to an investigation or a prosecution authorized under this section.
(3) All costs, fees and other expenses related to the investigation or prosecution authorized under this section shall be paid by the county in which the investigation or prosecution occurs, to the same extent as if conducted by the district attorney of that county.
(4) Except as otherwise provided by law, a local law enforcement agency investigating a violation of ORS 358.920 or 390.235 shall provide copies of all investigatory reports to the Commission on Indian Services.
(5) The power granted to the Attorney General by this section does not deprive a district attorney of any authority or relieve a district attorney from any duty to prosecute criminal violations of law and advise the officers of the county in which the district attorney holds office. [2017 c.242 §4]
Note:
358.937 was added to and made a part of 358.905 to 358.961 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.940 - Reinterment required; notice to appropriate Indian tribe or Commission on Indian Services.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.945 - Notice required upon finding of object; exception.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.950 - When notice to Indian tribe required; report; penalty.

(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]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites › Section 358.953 - Compensation to property owner deprived of lawful use of property; expense of removal.

(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]