73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 703
A-Engrossed
Senate Bill 64
Ordered by the Senate March 28
Including Senate Amendments dated March 28
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for State Parks and Recreation Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires persons conducting certain archaeological activities
on private lands to obtain permit from State Parks and Recreation
Department. { + Defines 'archaelogical investigation.' + }
Specifies that landowner must be deprived of lawful use of
property under archaeological permit to receive compensation
under eminent domain process.
A BILL FOR AN ACT
Relating to archaeological permit issuance on private lands;
creating new provisions; and amending ORS 358.945, 358.953 and
390.235.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 358.945 is amended to read:
358.945. (1) If a person who is conducting an archaeological
investigation on public { + or private + } 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.
{ + (5) As used in this section, 'archaeological
investigation ' means the physical assessment of an
archaeological site, using subsurface probes or excavation,
conducted in order to determine the boundaries of the site, the
integrity of the site or the historical significance of the site
or to mitigate unavoidable disturbances to the site. + }
SECTION 2. ORS 358.953 is amended to read:
358.953. { - (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. - }
{ + (1) The state shall compensate a property owner, under
the procedures provided in ORS chapter 35, for the loss in value
to the property if:
(a) The State Parks and Recreation Department denies or is
precluded from issuing to the owner or agent of the owner a
permit under ORS 390.235; and
(b) The denial or preclusion prevents the owner or agent of the
owner from engaging in conduct otherwise allowed under ORS
358.920. + }
(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.
SECTION 3. ORS 390.235 is amended to read:
390.235. (1)(a) A person may not { + , without a permit issued
by the State Parks and Recreation Department:
(A) + } Excavate or alter an archaeological site on public
{ + or private + } lands { - , - } { + ;
(B) + } Make an exploratory excavation on public lands to
determine the presence of an archaeological site { + ; + } or
{ + (C) + } Remove from public { + or private + } lands any
material of an archaeological, historical, prehistorical or
anthropological nature { - without first obtaining a permit
issued by the State Parks and Recreation Department - } .
(b) If a person who obtains a permit under this section intends
to curate or arrange for alternate curation of an archaeological
object that is uncovered during an archaeological investigation,
the person must submit evidence to the State Historic
Preservation Officer that the Oregon State Museum of Anthropology
and the appropriate Indian tribe have approved the applicant's
curatorial facilities.
(c) No permit shall be effective without the approval of the
state agency or local governing body charged with management of
the public land on which the excavation is to be made, and
without the approval of the appropriate Indian tribe.
(d) The State Parks and Recreation Director, with the advice of
the Oregon Indian tribes and Executive Officer of the Commission
on Indian Services, shall adopt rules governing the issuance of
permits.
(e) Disputes under paragraphs (b) and (c) of this subsection
shall be resolved in accordance with ORS 390.240.
(f) Before issuing a permit, the State Parks and Recreation
Director shall consult with:
(A) The landowning or land managing agency; and
(B) If the archaeological site in question is associated with a
prehistoric or historic native Indian culture:
(i) The Commission on Indian Services; and
(ii) The most appropriate Indian tribe.
(2) The State Parks and Recreation Department may issue a
permit under subsection (1) of this section under the following
circumstances:
(a) To a person conducting an excavation, examination or
gathering of such material for the benefit of a recognized
scientific or educational institution with a view to promoting
the knowledge of archaeology or anthropology;
(b) To a qualified archaeologist to salvage such material from
unavoidable destruction; or
(c) To a qualified archaeologist sponsored by a recognized
institution of higher learning, private firm or an Indian tribe
as defined in ORS 97.740.
(3) Any archaeological materials, with the exception of Indian
human remains, funerary objects, sacred objects and objects of
cultural patrimony { + as defined in ORS 358.905 + }, recovered
by a person granted a permit under subsection (2) of this section
shall be under the stewardship of the State of Oregon to be
curated by the Oregon State Museum of Anthropology unless:
(a) The Oregon State Museum of Anthropology with the approval
from the appropriate Indian tribe approves the alternate
curatorial facilities selected by the permittee;
(b) The materials are made available for nondestructive
research by scholars; and
(c)(A) The material is retained by a recognized scientific,
educational or Indian tribal institution for whose benefit a
permit was issued under subsection (2)(a) of this section;
(B) The State Board of Higher Education with the concurrence of
the appropriate Indian tribe grants approval for material to be
curated by an educational facility other than the institution
that collected the material pursuant to a permit issued under
subsection (2)(a) of this section; or
(C) The sponsoring institution or firm under subsection (2)(c)
of this section furnishes the Oregon State Museum of Anthropology
with a complete catalog of the material within six months after
the material is collected.
(4) The Oregon State Museum of Anthropology shall have the
authority to transfer permanent possessory rights in subject
material to an appropriate Indian tribe.
(5) Except for sites containing human remains, funerary objects
and objects of cultural patrimony as defined in ORS 358.905, or
objects associated with a prehistoric Indian tribal culture, the
permit required by subsection (1) of this section or by ORS
358.920 shall not be required for forestry operations on private
lands for which notice has been filed with the State Forester
under ORS 527.670.
(6) As used in this section:
{ + (a) 'Archaeological investigation' means the physical
assessment of an archaeological site, using subsurface probes or
excavation, conducted in order to determine the boundaries of the
site, the integrity of the site or the historical significance of
the site or to mitigate unavoidable disturbances to the site. + }
{ - (a) - } { + (b) + } 'Private firm' means any legal
entity that:
(A) Has as a member of its staff a qualified archaeologist; or
(B) Contracts with a qualified archaeologist who acts as a
consultant to the entity and provides the entity with
archaeological expertise.
{ - (b) - } { + (c) + } 'Qualified archaeologist' means a
person who has the following qualifications:
(A) A post-graduate degree in archaeology, anthropology,
history, classics or other germane discipline with a
specialization in archaeology, or a documented equivalency of
such a degree;
(B) Twelve weeks of supervised experience in basic
archaeological field research, including both survey and
excavation and four weeks of laboratory analysis or curating; and
(C) Has designed and executed an archaeological study, as
evidenced by a Master of Arts or Master of Science thesis, or
report equivalent in scope and quality, dealing with
archaeological field research.
(7) Violation of the provisions of subsection (1)(a) of this
section is a Class B misdemeanor.
SECTION 4. { + The amendments to ORS 358.945, 358.953 and
390.235 by sections 1 to 3 of this 2005 Act apply to persons
initiating archaeological investigations, excavations,
alterations or removals on or after the effective date of this
2005 Act. + }
----------