28 chapters · 1,856 sections in this title.
ORS 358.687 Reports
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(1) The State Parks and Recreation Director shall report biennially to the Governor and to the Legislative Assembly on activities of the State Advisory Committee on Historic Preservation during the preceding biennium. The director shall make any additional reports required by the…
ORS 358.690 Oregon Property Management Account
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(1) The Oregon Property Management Account is established as a separate account in the State Parks and Recreation Department Fund. Except as otherwise provided by law, all moneys received by the State Advisory Committee on Historic Preservation under law shall be paid into the St…
ORS 358.820 Tax levy for municipal orchestras and band
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Any city having a population of 250,000 or more may, when authorized as provided in ORS 358.840, levy each year a tax of not to exceed fifteen-hundredths of one mill on each dollar of assessed valuation of property subject to taxation by the city for the purpose of maintaining an…
ORS 358.831 Election to levy tax
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(1) This section establishes the procedure for submitting to election a tax levy for any of the purposes stated in ORS 358.820. The governing body of a city: (a) May order the election on its own resolution; or (b) Shall order the election when a petition is filed as provided in …
ORS 358.840 Action upon favorable vote
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If a majority of the votes cast on the proposition at the election is in favor of the proposition, the city is authorized and required to levy a tax within the amount and for the purpose or purposes authorized. [Formerly 357.950]
ORS 358.850 Annulment of tax
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The proposition of whether or not a tax levied for the purposes of ORS 358.820 shall be annulled may be submitted to the electors of the city in the same manner as provided for the levy of the tax in ORS 358.831. If a majority of the votes cast on the proposition is in favor of t…
ORS 358.880 Oregon State Museum of Natural History; activities; location; operation; state participation
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(1) There is established an Oregon State Museum of Natural History whose activities shall include, but not be limited to: (a) Extending and improving public access to the state-owned natural history collections now stored at the University of Oregon and any other items or collect…
ORS 358.885 Lane County matching fund relationship
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(1) In relation to the Oregon State Museum of Natural History, the Department of Transportation is authorized to enter into a relationship with Lane County based upon local matching funds and efforts being available in fact. (2) The Department of Transportation shall, in calculat…
ORS 358.900 Oregon State Maritime Museum; functions; participation by Department of Transportation
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(1) Columbia River Maritime Museum, Incorporated, is designated the Oregon State Maritime Museum. The activities of the museum pertaining to its function as the Oregon State Maritime Museum may include, but are not limited to, the following: (a) Extending and improving public acc…
ORS 358.905 Definitions for ORS 358.905 to 358.961; interpretation
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(1) As used in ORS 192.005, 192.338, 192.345, 192.355, 358.905 to 358.961 and 390.235: (a) Archaeological object means an object that: (A) Is at least 75 years old; (B) Is part of the physical record of an indigenous or other culture found in the state or waters of the state; a…
ORS 358.910 Policy
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The Legislative Assembly hereby declares that: (1) Archaeological sites are acknowledged to be a finite, irreplaceable and nonrenewable cultural resource, and are an intrinsic part of the cultural heritage of the people of Oregon. As such, archaeological sites and their contents …
ORS 358.915 Application
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The provisions of ORS 192.005, 192.338, 192.345, 192.355, 273.990, 358.905 to 358.961 and 390.235 do not apply to a person who unintentionally discovers an archaeological object that has been exposed by the forces of nature on private property and retains the object for personal …
ORS 358.920 Prohibited conduct; exception; penalty
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(1)(a) A person may not excavate, injure, destroy or alter an archaeological site or object or remove an archaeological object located on public or private lands in Oregon unless that activity is authorized by a permit issued under ORS 390.235. (b) Collection of an arrowhead from…
ORS 358.923 When collection may be held notwithstanding ORS 358.920 (3) and (4)
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Notwithstanding the provisions of ORS 358.920 (3) and (4), any collection of objects described in those subsections may be held if the collection: (1) Is kept within this state; (2) Is curated under customary museum standards; and (3) Is available for nondestructive study by muse…
ORS 358.924 Objects held unlawfully considered contraband; seizure; procedure; disposition of seized objects
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(1) Archaeological objects, funerary objects, human remains, sacred objects and objects of cultural patrimony that are held in violation of the provisions of ORS 358.920 or 390.235 are contraband. A police officer shall seize all items declared to be contraband under the provisio…
ORS 358.925 Seizure of instrumentalities and proceeds of certain violations; forfeiture; procedure
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(1) Violation of ORS 358.920 or 390.235 is prohibited conduct for the purposes of ORS chapter 131A. Proceeds and instrumentalities of a violation of ORS 358.920 or 390.235 may be seized and forfeited in the manner provided by ORS chapter 131A. An action for civil forfeiture under…
ORS 358.928 Alternative method for seizure and forfeiture of instrumentalities and proceeds of certain violations; procedure
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(1) All instrumentalities or proceeds from the violation of the provisions of ORS 358.920 to 358.955 or 390.235 are subject to civil forfeiture to the appropriate Indian tribe, as designated by the Commission on Indian Services. All forfeitures under this section shall be made wi…
ORS 358.935 Forfeiture of seized objects in criminal prosecution
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Any instrumentality or proceeds seized under the provisions of ORS 358.925 shall be preserved and retained. If any instrumentality or proceeds are not forfeited under ORS 358.925 or 358.928, at the time the court sentences the defendant in the criminal prosecution for violation o…
ORS 358.937 Declination to prosecute certain violations; notice required; authority of Attorney General to prosecute; requirement to provide investigatory reports to Commission on Indian Services
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(1)(a) If a district attorney of a county declines to prosecute a violation of ORS 358.920 or 390.235 for a reason other than insufficient admissible evidence, within 30 days of the declination the district attorney shall give written notice of the declination to the Attorney Gen…
ORS 358.940 Reinterment required; notice to appropriate Indian tribe or Commission on Indian Services
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(1) A person who disturbs native Indian remains or a funerary object at or associated with an archaeological site shall reinter at the persons expense those remains or funerary objects under the supervision of an Indian tribe as provided in ORS 97.750. (2) Any native Indian sacr…
ORS 358.945 Notice required upon finding of object; exception
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(1) If a person who is conducting an archaeological investigation on public lands according to the provisions of ORS 390.235 or on private land with the owners written permission finds a sacred object or object of cultural patrimony, the person conducting the archaeological inve…
ORS 358.950 When notice to Indian tribe required; report; penalty
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(1) Any person who conducts an archaeological excavation associated with a prehistoric or historic American Indian archaeological site shall notify the most appropriate Indian tribe. The notification shall include, but not be limited to: (a) The location and schedule of the forth…
ORS 358.953 Compensation to property owner deprived of lawful use of property; expense of removal
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(1) Under the provisions of ORS 358.905 to 358.961, if a property owner is deprived of an otherwise lawful use of private property, the state shall compensate the property owner for the loss in value under the procedures set forth in ORS chapter 35. (2) Notwithstanding any other …
ORS 358.955 Civil enforcement
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(1) Any person or the Attorney General, on behalf of the state, may institute a civil proceeding against a person who violates the provisions of ORS 358.920, 358.945, 358.950 or 390.235. In the proceeding, relief shall be granted in conformity with the principles that govern the …
ORS 358.958 Remedies not precluded
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The application of one civil remedy under any provision of ORS 358.905 to 358.961 does not preclude the application of any other remedy under ORS 358.905 to 358.961 or under any other provision of statutory or common law. [2001 c.739 §8]
ORS 358.961 Time limitations on actions or proceedings; tolling of statute
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Notwithstanding any other provision of law, a criminal or civil action or proceeding for a violation of ORS 358.920 to 358.955 and 390.235 may be commenced at any time within five years after the conduct in violation of a provision of ORS 358.920 to 358.955 and 390.235 terminates…