Current through Register Vol. 63, No. 9, September 1, 2024
(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
