Current through Register Vol. 63, No. 3, March 1, 2024
(1) The SHPO may delegate authority under
this division to the Deputy SHPO, the Associate Deputy SHPO, the National
Register Program Coordinator, or other Oregon SHPO staff.
(2) The SHPO must appoint a National Register
Program Coordinator to administer the state's National Register of Historic
Places program.
(3) Upon request of
the receiving party, the Oregon SHPO must make available an un-redacted,
complete copy of a National Register nomination form to the federal planning
agency, owner(s), CLG, and chief elected official as described in
36
CFR §
60.6(x) (2020),
and a copy to the proponent, public, and Tribes subject to the provisions of
sections (9) and (10) at any time.
(4) The Oregon SHPO may provide notice to
owners by public press release or other means in place of written notice when
there are more than 50 owners, except for the public comment period notice
described in paragraphs 11(a)(C) and (D), and 18(f)(C).
(5) A proponent may submit a National
Register nomination form regardless of ownership status to the SHPO, the
federal preservation officer for the appropriate federal agency if the property
is entirely located on federally-administered lands, or Tribal Historic
Preservation Officer for the appropriate Tribe if the property is entirely
located on trust land.
(6) A Tribe
may request government-to-government consultation with the Oregon SHPO at any
time.
(7) The Oregon SHPO must
provide a written response to a proponent seeking to amend a National Register
nomination form for a historic property or to nominate a property to the
National Register within 60 calendar days of receipt and within 45 calendar
days of receipt for a petition to remove a historic property from the National
Register stating whether the National Register nomination form is:
(a) Adequately documented;
(b) Technically and professionally correct
and sufficient; and
(c)
Demonstrates that the property does or does not meet the National Register
criteria for evaluation.
(8) A proponent may withdraw the National
Register nomination form at any time by submitting a written request to the
SHPO.
(9) The Oregon SHPO must keep
all or qualifying portions of a National Register nomination form, associated
correspondence, and other documents confidential and conditionally exempt from
public disclosure under the conditions established in ORS
192.345
and as described in
36
CFR §
60.6(x) (2020).
Oregon SHPO staff must apply the conditions of ORS
192.355(4)
to submitted National Register nomination forms. In addition, SHPO will not
make specific information relating to the location of property available if
disclosure would create a risk of destruction or harm as provided in
36
CFR §
60.6(x)
(2020).
(10) The SHPO may petition
the Keeper to keep all or qualifying portions of a National Register nomination
form, correspondence, and other documents confidential and exempt from public
disclosure under the provisions of the Act,
54 USC §
307103.
(11) The Oregon SHPO must provide a public
comment period for each National Register nomination form considered by the
committee. The copy of the National Register nomination form made available for
public comment may be redacted as provided for under sections (9) and (10) as
applicable.
(a) The Oregon SHPO must:
(A) Identify owners using county property tax
records obtained within 90 calendar days prior to opening the public comment
period;
(B) Open the public comment
period not less than 30 calendar days nor more than 75 calendar days before a
scheduled committee meeting;
(C)
Mail a written public comment period notice to the proponent; owner; CLG; chief
elected official; federal, state, and local agencies and subdivisions of Oregon
State Government that meet the definition of owner; and Tribes. The Oregon SHPO
may choose to coordinate with local governments on the format, content, and
distribution of the public comment period notice when nominating districts;
and
(D) Include in the public
comment period notice the date and location of the scheduled committee meeting
and the process for submitting comments.
(b) The Oregon SHPO may:
(A) Publish a public comment period notice in
one or more local newspapers of general circulation in the area where the
nominated property is located.
(B)
Hold or attend meetings or publish information to inform the public and
interested parties if the SHPO believes that such an action is in the public
interest.
(12)
Any person may comment on a National Register nomination form considered by the
committee.
(a) The Oregon SHPO must receive
written comments at least five business days before the scheduled committee
meeting, except as provided for CLGs in section (13). Any written comments
received after this time but before the meeting must be included in the public
record, but the Oregon SHPO must not provide the comments to the
committee.
(b) A person may provide
written materials or oral comment to the committee for consideration the day of
the committee meeting.
(c) The
committee must only consider written and oral comment submitted during the
public comment period that address:
(A)
Requirements for a complete National Register nomination form described in
section (7), or
(B) Procedural
requirements under state and federal law.
(d) All comments received in any format are
public records, except as provided for under sections (9) and (10).
(e) The public comment period must remain
open when the committee defers making a recommendation under the provisions of
OAR 736-050-0260(11) or (12).
(13) A CLG may object to the nomination of a
property to the National Register or a major revision to a National Register
nomination form for a historic property as described in
54
USC §
302504 when all or part of the
property is within the CLG's jurisdiction.
(a) The CLG must provide the public an
opportunity to comment and consider these comments when making a recommendation
to the SHPO.
(b) A valid objection
under this subsection must meet the following requirements:
(A) The SHPO must receive the CLG's objection
within 60 calendar days following the opening of the public comment period
described in section (11);
(B) The
chief elected official recommends that the property not be nominated to the
National Register or that the National Register nomination form for a historic
property not receive a major revision; and
(C) The local historic preservation
commission recommends by majority opinion that the National Register nomination
form does not meet one or more of the criteria described in section
(7).
(c) Upon receipt of
a valid objection under subsection (b), Oregon SHPO must:
(A) Remove the National Register nomination
form from committee consideration and take no further review action from the
date the Oregon SHPO receives the objection;
(B) Suspend the nomination process for 30
calendar days; and
(C) Provide
written notice to the persons noted under paragraph 11(a)(C) within five
calendar days of the action. The notice must specify the date the SHPO received
the objection under paragraph (b)(A).
(d) Any person may appeal a CLG's objection
by submitting a written statement appealing the CLGs objection to the SHPO
within 30 calendar days after the date the Oregon SHPO received the CLG's
objection. Following the receipt of the appeal, the SHPO must submit the
National Register nomination form for committee consideration at the next
regularly- scheduled committee meeting, not less than 90 calendar days from the
date the Oregon SHPO received the CLGs objection.
(e) If an appeal is not submitted from the
date the SHPO received a valid objection under subsection (b) within 30
calendar days the SHPO must stop the nomination process and take all necessary
actions to close the administrative process.
(f) A CLG may object each time proposed
revisions to a National Register nomination form meet the definition of a
"major revision."
(14)
The executive department of state government as defined in ORS
174.112
and political subdivisions of state government may comment on a National
Register nomination form. State government and political subdivisions of state
government may object to listing a property in the National Register, but the
SHPO must not count the objection toward the total number of private property
owners needed to prevent the property from being listed in the National
Register as prohibited by the provisions of
36
CFR §
60.6(g) (2020).
As used in section (14), "political subdivision" includes counties, cities,
taxing districts, and any other governmental unit within this state.
(15) The SHPO must determine if the majority
of owners object to listing a nominated property in the National Register by
comparing the total number of owners identified on the property owner list to
the number of valid statements that object to listing the property in the
National Register. The SHPO must provide the Keeper the property owner list and
tally of valid statements objecting to nominating the property to the National
Register through the end of the public comment period.
(a) The Oregon SHPO must create a property
owner list that includes each owner and parcel of real property within the
boundary of a building, district, object, site, or structure nominated for
listing in the National Register using county property tax records obtained as
provided in paragraph (11)(a)(A). That property owner list is the official list
of property owners and real property throughout the public comment period. In
creating the property owner list, the Oregon SHPO must:
(A) Edit the property owner list based on the
submission of a valid statement and as described in section (16).
(B) Assume that the property tax records
provided by the county assessor are accurate.
(C) Include owners on the property owner list
regardless of whether the owner can be contacted using the information included
on the property owner list provided by the county assessor's office.
(D) When encountering similar names, compare
the name and mailing addresses to determine if there are one or more owners.
The SHPO must consider Jane Doe and Jane S. Doe as two distinct persons when
the county property tax records identify differing mailing addresses. If the
mailing address is the same, the SHPO must identify these individuals as the
same person.
(E) Count entities,
such as named trusts, corporations, partnerships, etc., as individual owners
when the owner name differs in any way, even when the mailing address is the
same.
(F) Count a trust as a single
owner when multiple trustees are named, but no trust is identified.
(G) Unless the terms of a trust expressly
provide that the trust is irrevocable, count the settlor as the owner of the
trust consistent with ORS
130.505.
(H) Use any adopted system of abbreviations,
symbols, or other codes used by the county assessor from the county providing
property tax records to identify owners when creating the property owner
list.
(b) An owner may
submit a statement to take the actions in paragraphs (A) to (E) at any time
during the public comment period:
(A) Object
to listing a property in the National Register. An owner may object only once
regardless of how many properties or what portion of a property the owner
owns;
(B) Withdraw their own
previous objection;
(C) Remove the
previous owner as the owner of record from the property owner list and withdraw
the previous owner's objection;
(D)
Assert ownership of a property within the nominated area when the property
owner list does not include the owner or parcel of real property and add the
name of the owner and the real property to the property owner list;
or
(E) Any combination of
paragraphs (A), (B), (C), and (D).
(c) To be valid statements must meet the
following criteria:
(A) An owner must submit
to the Oregon SHPO an original statement;
(B) The statement must be on a form provided
by the Oregon SHPO;
(C) The
statement must identify private, real property within the boundary of the
nominated property that the owner owns;
(D) The statement must clearly identify the
intent of the owner as described in subsection (b);
(E) The owner must identify the name they
were previously known by and listed in the county property tax records if
different from their current legal name;
(F) The statement must clearly identify the
nature of the owner's property interest;
(G) The owner must sign and date the
statement, and either:
(i) The statement must
include an unsworn declaration that information provided is true under penalty
of perjury in compliance with the provisions of
28U.S.C §
1746; or
(ii) A notary public must confirm, or
"attest" the identity of the owner signing the notarized statement as provided
in ORS chapter 194 and OAR chapter 160, division 100.
(d) The SHPO must
consider only the most recent valid statement submitted under subsection (b)
when determining the total number of statements of objection and the total
number of owners and parcels of real property on the property owner list under
subsection (a).
(e) The SHPO must
not accept a statement that does not meet the requirements of subsection (c),
or that is incomplete, or illegible.
(f) The legal representative of an owner may
submit a statement on an owner's behalf under subsection (b). The
representative must provide documentation demonstrating that they legally
represent the owner.
(g) A person
not listed on the property owner list created in subsection (a) that submits a
statement must submit documentation demonstrating that they meet the definition
of "owner" in OAR 736-050-0230(16), including instruments used to create legal
entities such as trusts, limited liability corporations, and any other legal
entities. For a trust, a certification of trust that complies with ORS
130.860 is
adequate documentation under subsection (g).
(h) When removing the objection of a previous
owner under paragraph (b)(C), a person must submit documentation demonstrating
that the previous owner no longer has an ownership interest and that they
themselves meet the definition of "owner" in OAR 736-050- 0230(16).
(i) The SHPO must not recognize any person as
an "owner" who is unable or refuses to submit documentation as required by this
rule.
(j) All statements and
accompanying documentation are public records as defined in ORS
192.311(5)(a)
and subject to inspection as provided for in ORS
192.311
through ORS
192.380.
(k) The SHPO must acknowledge persons in
writing within 30 calendar days of the receipt of their statement and any
accompanying documents. Acknowledgements must indicate if the statement and
accompanying documents are valid under subsections (c) through (i) and if not
valid, describe why and how to correct the error.
(16) The SHPO must examine the accuracy of
the property owner list and validity of statements when the SHPO determines
that the reasonably possible outcome of identifying potential error(s) may
determine if the nominated property is or is not listed in the National
Register.
(a) Any person may request that the
SHPO carry out an examination of the property owner list. Such a request must
be in writing, and identify and document with evidence of one or more of the
following:
(A) Factual inaccuracy;
(B) Error in the property owner
list;
(C) Error in the tally of
valid statements; or
(D) Any
combination of paragraphs (A), (B), or (C).
(b) The SHPO must respond in writing to the
petitioner within 15 calendar days of a request for an examination stating
whether the SHPO will conduct an examination and the basis for the decision.
The SHPO must provide the response to the proponent, owner, CLG, chief elected
official, and Tribes if proceeding with an examination.
(c) The SHPO may complete an examination for
any reason. The SHPO must notify the proponent, owner, CLG, chief elected
official, and Tribes within 5 calendar days of initiating an
examination.
(d) The SHPO must
determine how best to conduct an examination on a case-by-case basis based on
the nature of the identified concern.
(e) An examination under subsection (a) is
limited to the specific nature of the identified concern and does not include
an evaluation of each entry in the property owner list or each submitted
statement unless the SHPO determines that this step is necessary.
(f) The SHPO may choose to re-examine the
property owner list and valid statements against official land recordation
records or property tax assessor records, the results of a title search, or any
public record.
(g) The SHPO may
require that persons submit documentation to prove their ownership status,
existence of real property, or the validity of their submitted statements. The
Oregon SHPO must not treat persons as "owners" who are unable or refuse to
submit documentation for the purposes of taking any action under subsection
(15)(b).
(h) The SHPO may add or
remove a person or real property from the property owner list or invalidate a
statement upon completion of an examination. The SHPO must inform a person in
writing within 30 calendar days of acting and provide the reason the SHPO took
the action. A person receiving notice of the SHPO's action under this section
may submit documentation as described in this rule to the SHPO for an action
under subsection (15)(b).
(i) An
examination under section (16) is complete once the SHPO determines that
further identification and correction of errors will not determine if the
nominated property will or will not be listed in the National
Register.
(17) The SHPO
must consider the comments from the committee, CLG, Tribes, and all other
comments received during the public comment period when making a recommendation
and submitting a National Register nomination form to the Keeper under the
provisions of
36
CFR §
60.6(o) and (p)
(2020). The SHPO must provide the recommendation provided to the Keeper to the
proponent, owner, CLG, chief elected official, and Tribes.
(18) Under the Act, upon receipt of a
National Register form from the SHPO the Keeper may list a property in the
National Register; correct a submitted National Register nomination form and
list the nominated property in the National Register; or return a National
Register nomination form without listing the property in the National Register.
(a) If the Keeper lists a property in the
National Register the SHPO must provide notice to the committee at their next
regularly-scheduled meeting and written notice to the proponent, owner(s), CLG,
chief elected official, and Tribes within 30 calendar days.
(b) If the Keeper corrects a submitted
National Register form and lists a property in the National Register, the
Oregon SHPO must provide notice to the committee at their next
regularly-scheduled meeting, and written notice to the proponent, owner(s),
CLG, chief elected official, and Tribes within 30 calendar days.
(c) If the Keeper returns a National Register
nomination form without listing the property in the National Register, the
Oregon SHPO must provide notice to the committee, and written notice to the
proponent, owner(s), CLG, chief elected official, and Tribes within 30 calendar
days. The notice will forward the Keeper's reasons for the return and state
whether the SHPO intends to resubmit the National Register nomination form to
the committee or the Keeper and the reasons for the decision.
(A) The Oregon SHPO must provide the
proponent, owner, CLG, chief elected official, and Tribes 30 calendar days to
comment and consider their opinion before making a final decision. The SHPO
must provide a written final decision to the proponent, owner, CLG, chief
elected official, and Tribes after considering any comments received.
(B) The SHPO may resubmit a National Register
nomination form not requiring major revision to the Keeper without committee
review.
(C) The SHPO may resubmit
to the committee a National Register nomination form returned by the Keeper.
The SHPO must address the reasons the Keeper returned the National Register
nomination form before resubmission to the committee and the Keeper.
(d) The SHPO may either require
that the proponent complete the revisions identified by the Keeper before
resubmission of the National Register nomination form to the committee or the
Keeper or the Oregon SHPO may complete needed revisions itself.
(e) The SHPO must resubmit a National
Register nomination form to the Keeper within two years from the date the
Keeper initially returns the National Register nomination form for correction
as described in subsection (c) or end the National Register nomination process.
If the SHPO does not resubmit a National Register nomination form to the Keeper
the public comment period and the nomination process end.
(f) The Oregon SHPO must complete the
following to continue the National Register process following the two-year
period from the date of the Keeper's initial return of a National Register
nomination form:
(A) Review the National
Register form as described in section (7) for completeness and accuracy. The
Oregon SHPO may require the proponent to complete revisions before resubmitting
the National Register nomination form to the committee or the Keeper, or the
Oregon SHPO may complete needed revisions itself;
(B) Close the public comment
period;
(C) Provide a public
comment period notice as provided in paragraph (11)(a)(C), and subsection
(11)(b);
(D) Complete an
examination of the property owner list created in subsection 15(a) using the
process described in subsections (16)(d) through (i).
(g) Statements submitted and determined to be
valid under the provisions of section (15) remain valid unless determined to
not be valid under the provisions of section (16).
(19) Petitioning the Keeper:
(a) The SHPO may petition the Keeper to take
the following actions without review by the committee:
(A) Remove a razed historic property from the
National Register;
(B) Amend a
National Register nomination form for a historic property when the amendment is
not a major revision;
(C) Change
the contributing status of an individual historic property within a historic
district listed in the National Register;
(D) Change the contributing status or
recommend the relocation of a secondary historic property, such as a garage,
shed, or other small-scale building, object, site, or structure that in the
opinion of the SHPO does not qualify for listing in the National Register on
its own merit included within the boundary of a historic property; or
(E) Any combination of paragraphs (A), (B),
(C), and (D).
(b) Prior
to petitioning the Keeper under subsection (a), the SHPO must notify the
proponent, owner, CLG, chief elected official, and Tribes, and allow for a 30
calendar day comment period following notice and consider the provided
comments. The SHPO may waive the comment period if the CLG provides a comment
period as part of a local process.
(A) The
SHPO must provide the proponent, owner, CLG, chief elected official, and Tribes
notice of the SHPO's petition to the Keeper.
(B) The SHPO must notify the proponent,
owner, CLG, chief elected official, and Tribes of the Keeper's decision within
30 calendar days. The SHPO shall inform the committee at the next scheduled
committee meeting.
(20) Any person may appeal directly to the
Keeper any SHPO decision regarding the nomination of a property to the National
Register, an amendment to a National Register form for a historic property, or
a petition to remove a historic property from the National Register under the
provisions of
36 CFR §
60.12 (2020).
(21) The SHPO may refer a nomination
submitted pursuant to section (5) to the State of Oregon Office of
Administrative Hearings for a contested case hearing as provided in ORS
183.413
to
183.425,
183.440
to 18.452,
183.457,
183.460
to
183.470
following the Keeper's return of a National Register nomination form for issues
related to counting owners, parcels of real property, and valid statements. The
proponent shall be a party to any contested case. The SHPO shall designate the
scope of issues that may be addressed in the contested case, which may include:
(a) The determination of whether a majority
of owners provided valid statements of objection as provided in section (15);
and
(b) The determination of the
accuracy of the property owner list and validity of statements as provided in
section (16).
Statutory/Other Authority: ORS
358.617
Statutes/Other Implemented: ORS
358.565(3)
