Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 52 - STATE AGENCY TRANSFER OF HISTORIC ARTIFACTS
Section 736-052-0020 - Department Determination

Universal Citation: OR Admin Rules 736-052-0020

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

(1) The department shall approve, approve with conditions, or deny the request, in whole or in part. The department may approve or approve with conditions a request to transfer if the request complies with applicable state and federal law. The department may approve or approve with conditions the request, in whole or in part, through a Memorandum of Agreement with the requesting state agency. An approval from the department may express conditions of approval that:

(a) Restrict destination of transferred items;

(b) Suggest transfer, loan or sale of specific historic artifacts to individuals, state agencies, organizations, museums or Indian tribes;

(c) In cases of demolition or alteration, require actions to mitigate the effects of the demolition or alteration; or,

(d) Require conditions of sale.

(2) Should the requesting state agency object to conditions attached to an approval by the department, the state agency and the department will meet to resolve the dispute.

(3) State agencies that fail to get department approval or that do not agree with conditions imposed by the department for transferring, selling, demolishing, substantially altering or otherwise disposing of any historic artifact are prohibited from transferring, selling, demolishing, substantially altering or otherwise disposing, any historic artifact(s) from their ownership, until such time as agreement can be reached.

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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