Oregon Administrative Code

736-050-0112 Requirement for Owner Expenditure (1) Under ORS 358.487(2)(a)(A), the 10 percent expenditure requirement may include the market value of donated materials, services, and professional labor. Nonprofessional volunteer labor may also be included and must be valued at th…

736-050-0120 Owner and SHPO Responsibilities (1) An owner of specially assessed historic property must maintain the property in good condition, being structurally stable, weathertight, protected from deterioration, secured from unauthorized entry, and in compliance with state and…

736-050-0125 Changes and Alterations to Properties Approved for Special Assessment (1) The SHPO must rely on the expertise of staff meeting that National Park Service’s professional qualifications in making program decisions. (2) The SHPO may approve a local landmark commission t…

736-050-0135 Removal of Special Assessments (1) The SHPO may conduct a continuing qualification review for a specially assessed historic property by its own initiative or at the request of the county assessor, governing body, or local landmark commission as provided in ORS 358.50…

736-050-0140 Appeal Process (1) An owner of historic property enrolled in the Special Assessment Program for Historic Property prior to July 1, 2024, may appeal all decisions made by the SHPO to the Historic Assessment Review Committee (HARC). The HARC must establish and may amen…

736-050-0200 State Advisory Committee on Historic Preservation: Purpose These sections of Chapter 736, Oregon Administrative Rules establish: (1) Organization and duties of the State Advisory Committee on Historic Preservation. (2) State Historic Preservation Office staff respons…

736-050-0210 State Advisory Committee on Historic Preservation: Statutory Authority ORS 358.617 requires the State Historic Preservation Officer to adopt rules to carry out the duties and functions of the officer, including rules governing cultural resource management programs. S…

736-050-0220 State Advisory Committee on Historic Preservation: Federal Requirements and Purpose (1) The National Historic Preservation Act of 1966, as amended, (54 USC § 300101 et seq.) (Act), specifies basic requirements for state historic preservation programs. The requirement…

736-050-0230 State Advisory Committee on Historic Preservation: Definitions The following definitions apply to OAR 736-050-0220 through OAR 736-050-0270: (1) “Act” means the National Historic Preservation Act of 1966, as amended, (54 USC § 300101 et seq.) that establishes the fed…

736-050-0240 State Advisory Committee on Historic Preservation: Organization and Duties (1) The SHPO may delegate authority under this division to the Deputy SHPO or the Associate Deputy SHPO. (2) The Governor appoints committee members as described in ORS 358.622. (3) Committee …

736-050-0250 State Advisory Committee on Historic Preservation: Staff Activities Relating to the National Register Program (1) The SHPO may delegate authority under this division to the Deputy SHPO, the Associate Deputy SHPO, the National Register Program Coordinator, or other Or…

736-050-0260 State Advisory Committee on Historic Preservation: Committee Procedures for Review and Approval of Nominations to the National Register (1) The committee must review all National Register nomination forms except for those prepared under OAR 736-050-0250(19)(a)(A) to …

736-050-0270 State Advisory Committee on Preservation: Incorporation of Publications by Reference and Effective Date of Rule (1) The publication(s) referred to or incorporated by reference in OAR 736-050-0220 through OAR 736-050-0270 are available from the Oregon SHPO. (2) This d…

736-051-0000 Dispute Resolution Process (1) OAR 736-051-0000 through 736-051-0050 establish procedures the Oregon Parks and Recreation Department shall use in resolving a dispute over: (a) The issuance of an archaeological permit pursuant to ORS 390.235; (b) Curation facilities f…

736-051-0010 Dispute Resolution Definitions As used in OAR 736-051-0020 through 736-051-0050, unless the context requires otherwise: (1) “Alternate curatorial facility” means the institution approved by the University of Oregon Museum of Natural and Cultural History (UOMNCH) inco…

736-051-0020 Disputes Covered by the Dispute Resolution Process OAR 736-051-0000 through 736-051-0050 cover disputes among or between persons or entities that have statutory authority to: approve or object to the issuance of an archaeological permit, approve or object to a propos…

736-051-0030 Informal Dispute Resolution (Negotiation) (1) If the applicant or an entity with approval authority over an application for a permit objects to the approval or objection of a permit or any of its terms or conditions, they shall notify the State Historic Preservation …

736-051-0040 Mediation (1) Entities with approval authority shall compile and maintain a list of potential mediators. (2) Within 10 calendar days of receipt of a written request to mediate, the SHPO shall provide the disputing parties with a list of at least three potential media…

736-051-0050 Arbitration (1) If the mediation under OAR 736-051-0040 does not yield a result satisfactory to all parties, the disputing parties shall notify the SHPO in writing, and the dispute shall proceed to arbitration. (2) The SHPO, a member of the arbitration panel, shall n…

736-051-0060 Application for Archaeological Permit (1) OAR 736-051-0060 through 736-051-0090 establish procedures the department, shall use in issuing archaeological permits on public and private lands. (2) Under ORS 192.345(11), information pertaining to the location of archaeol…

736-051-0070 Archaeological Permits: Definitions As used in OAR 736-051-0080 through 736-051-0090 unless the context requires otherwise: (1) “Alter” means to disturb or remove any part of an archaeological site. (2) “Applicant” means the qualified archaeologist (as defined in ORS…

736-051-0080 Archaeological Permits: Process for Applying for an Archaeological Permit on Public Lands (1) A person may not excavate or alter an archaeological site on public lands, make an exploratory excavation on public lands to determine the presence of an archaeological site…

736-051-0090 Archaeological Permits: Process for Applying for an Archaeological Permit on Private Lands (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…

736-052-0000 Purpose The department is required to adopt administrative rules by ORS 358.640(4). This division provides the department procedure for considering a request for approval from a state agency to transfer, sell, demolish, substantially alter or otherwise dispose of any…

736-052-0001 Definitions For the purposes of this division the following definitions shall apply: (1) "Department" means the Oregon Parks and Recreation Department. (2) "Historic artifacts" means three-dimensional objects including furnishings, art objects and items of personal p…

736-052-0010 Request for Department Review (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 …

736-052-0020 Department Determination (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. Th…

736-052-0030 Time for Review by Department (1) The department shall review a state agency request within 60 days. The department shall inform the state agency of its approval, approval with conditions, or denial, in whole or in part of the state agency request at the earliest pra…

736-052-0040 Applicability (1) This division applies to all state agency requests for the department’s approval of the transferring, selling, demolishing, substantially altering or otherwise disposing of historic artifact(s) pending before the department or submitted after the ef…

736-053-0100 Purpose The purpose of OAR 736-053-0100 to 736-053-0140 is to establish the procedures and criteria that the Oregon Heritage Commission, with the advice of the Oregon Historical Society and the Oregon Museums Association, will use when awarding Museum Grant Funds as …

736-053-0105 Definitions As used in OAR 736-053-0100 to 736-053-0140, unless the context requires otherwise: (1) "Commission" means the Oregon Heritage Commission. (2) “Department” means the Oregon Parks and Recreation Department.(3) "Museum" means a public institution or private…

736-053-0110 Eligible Applicants In order to be eligible for a grant, museums must meet the following requirements: (1) Be in operation for a period of at least two years; (2) Provide museum services open to the public at least 120 hours per year at designated and reasonable hour…

736-053-0115 Application Procedure (1) The Commission shall announce the availability of procedures, and deadlines for applying for Oregon Museum Grants, for at least two weeks prior to the application deadline. (2) To apply for Oregon Museum Grants, museums must submit their app…

736-053-0120 Evaluation of Applications (1) Eligible applications received by announced deadlines shall be evaluated by the department’s Museum Grant Review Committee. (2) The Museum Grant Review Committee shall rank applications in order of priority based on an evaluation of: (a…

736-053-0125 Award of Grants (1) The Commission shall, at a public meeting, consider and approve or disapprove, in part or in full, the recommendations of the Museum Grant Review Committee. The department shall then award grants based on the Commission’s decision. (2) All awards …

736-053-0130 Museum Grant Review Committee (1) Department staff appoints the Museum Grant Review Committee, which must be composed of Commission representatives and museum or heritage professionals. (a) The committee must have a minimum of five members, and include individuals wi…

736-053-0135 Disbursement of Grant Funds The department will distribute grant funds to participants on a reimbursable basis after submission of billings on approved schedules specified in grant agreements. Participants will supply information substantiating billings if requested …

736-053-0140 Recovery of Grant Funds (1) Participant museums who fail to complete approved projects to the Commission's satisfaction shall return all unexpended grant funds. (2) Participant museums must maintain records adequate for audit purposes for a period of not less than fi…

736-053-0200 Purpose The purpose of OAR 736-053-0200 to 736-053-0235 is to establish the procedures and criteria that the Oregon Heritage Commission will use when awarding Oregon Heritage Grants as provided in ORS 358.590(3) Statutory/Other Authority: ORS 358.585 Statutes/Other I…

736-053-0205 Definitions As used in OAR 736-053-0200 to 736-053-0235, the following terms shall have the following meanings: (1) "Commission" means the Oregon Heritage Commission. (2) “Department” means the Oregon Parks and Recreation Department. (3) "Grant" means an award from t…

736-053-0210 Eligible Applicants: (1) In order to be eligible for an Oregon Heritage Grant, applicants must be one of the following: (a) A non-profit organization incorporated in the State of Oregon with a 501(c)(3) determination from the United States Internal Revenue Service an…

736-053-0215 Application Procedure (1) The Commission shall announce the availability of, procedures to apply for, and deadlines for applying for Oregon Heritage Grants, for at least two weeks prior to the application deadline. (2) To apply for Oregon Heritage Grants, applicants …

736-053-0220 Evaluation of Applications (1) Eligible applications received by announced deadlines shall be evaluated by an Oregon Heritage Grants Review Committee appointed by department staff and approved by the Commission Chair. (2) The Oregon Heritage Grants Review Committee s…

736-053-0225 Award of Grants (1) When Oregon Heritage Grant Program funds are appropriated by the Legislative Assembly, the Commission shall award these funds based on priorities recommended by the Oregon Heritage Grants Review Committee. (2) Grants will be made for no more than …

736-053-0230 Disbursement of Grant Funds All Grant funds will be disbursed to participants on a reimbursable basis after submission of billings on approved schedules specified in grant agreements. Participants must supply information substantiating billings when requested by the …

736-053-0235 Recovery of Grant Funds (1) Participants who fail to complete approved projects to the Commission's satisfaction must return all unexpended Grant funds. (2) Participants shall maintain records adequate for audit purposes for a period of not less than five years after…

736-053-0300 Purpose The purpose of OAR 736-053-0300 to 736-053-0325 is to adopt regulations establishing procedures that the Oregon Heritage Commission shall use when coordinating statewide anniversary commemorations. Statutory/Other Authority: ORS 358.585 Statutes/Other Impleme…

736-053-0305 Definitions As used in OAR 736-053-0300 to 736-053-0325, the following terms shall have the following meanings: (1) "Commission" means the Oregon Heritage Commission. (2) "Statewide anniversary commemorations" means celebrations and other commemorations of anniversar…

736-053-0315 Qualification as a Statewide Anniversary Commemoration An event or episode may qualify for designation as a statewide anniversary commemoration if its impacts are proven to have significance in Oregon beyond the actual event or episode being celebrated or commemorate…

736-053-0320 Application Procedure To apply for an event to be designated a statewide anniversary commemoration, an application must be submitted by the specified deadline. Applications must meet the format and criteria prescribed by the Commission. Statutory/Other Authority: ORS…