Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 52 - STATE AGENCY TRANSFER OF HISTORIC ARTIFACTS › Section 736-052-0010 - Request for Department Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any state agency shall request approval
			 from the department prior to transferring, selling, demolishing, substantially
			 altering or otherwise disposing of any historic artifact. The approval request
			 shall include a statement from the requesting state agency that the state
			 agency has:
(a) Complied with applicable
			 requirements of Native American Graves Protection and Repatriation Act, 25 USC
			 Chapter 32 and ORS chapter 97, Indian Graves and Protected Objects. This
			 includes consultation with Indian tribe(s), in coordination with the
			 Legislative Commission on Indian Services.
(b) Complied with the state surplus property
			 provisions of ORS 279.800 to
			 279.833 and OAR chapter 125,
			 division 25, or other applicable laws, including ORS chapter 351.
(c) Established a property interest in the
			 historic artifact(s) proposed for transfer that would permit the state agency
			 to dispose of the historic artifact(s). Proof of such a property interest may
			 be made by submitting a copy of written documents providing the state a
			 transferable property interest in the historic artifact(s).
(d) Determined the manner by which the state
			 acquired the property interest in the historic artifact(s). The manners of
			 acquiring title to historic artifacts to be stated include: donation, including
			 property deemed donated to a state museum under ORS
			 358.420; gift; bequeath; escheat
			 to the state under ORS
			 112.055; condemnation; eminent
			 domain; and all other means of acquiring a property interest. The statutory
			 authority allowing the state to acquire the property interest in the historic
			 artifact(s) shall be stated.
(e)
			 Inventoried, by a professional, the historic artifacts subject to the request.
			 Such inventory shall detail:
(A) Whether the
			 historic artifact(s) are of Native American origin.
(B) Whether the historic artifact(s) are
			 associated with an Indian tribe.
(f) Made a good faith effort to identify the
			 most appropriate recipient(s) for the historic artifact(s), and has consulted
			 with any heirs, claimants, Indian tribes or others who could reasonably be
			 determined to be appropriate recipients.
(g) Determined that the transferee is an
			 appropriate receiver, capable of curation of the historic artifact(s) according
			 to standards appropriate for the historic artifact(s). In determining that the
			 transferee is capable of curation, consider the requirements and standards
			 provided by federal rules at 36 CFR Part 79 for Curation of Federally Owned and
			 Administered Archaeological Collections.
(A)
			 This subsection does not apply to a transfer or sale of the historic
			 artifact(s) to an Indian tribe.
(h) Consulted with professional(s), if
			 demolition or substantial alteration of the historic artifact(s) is proposed,
			 to seek:
(A) Alternatives to demolition,
			 including transfer or sale of the historic artifact(s).
(B) Alternatives to substantial alteration,
			 including transfer and sale of the historic artifact(s).
(i) Determined whether the historic
			 artifact(s) proposed for transfer are included on:
(A) The comprehensive inventory of
			 state-owned cultural properties coordinated by the Oregon Heritage Commission
			 pursuant to ORS 358.595(3),
			 or
(B) A local government's
			 acknowledged comprehensive plan inventory of historic resources pursuant to
			 Statewide Planning Goal 5: Natural Resources, Scenic and Historic Areas, and
			 Open Spaces.
(j)
			 Notified the Oregon Heritage Commission and the Legislative Commission on
			 Indian Services of the proposed transfer.