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
Universal Citation: OR Admin Rules 736-052-0010
Current through Register Vol. 63, No. 3, March 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.
(2) In addition to the statement required by section (1) of this rule, all requests for approval must be accompanied by the following:
(a) A statement of purpose
outlining the proposal, including such history or other information that makes
it clear the purpose of, or reasoning behind, the request, and
(b) An inventory of the historic artifact(s)
prepared by a professional, and complete or representational photographic
images (depending on the number of historic artifacts) of the historic
artifact(s).
(c) The department may
request that the state agency provide evidence in support of the statement
required by section (1) of this rule.
Publications: Publications referenced are available from the agency.
Stat. Auth.: ORS 358.640(4)
Stats. Implemented: ORS 358.640(3), ORS 358.647
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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