Current through Register Vol. 63, No. 3, March 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
