Loading
The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

PARKS AND RECREATION DEPARTMENT

 

DIVISION 52

STATE AGENCY TRANSFER OF HISTORIC ARTIFACTS

 

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 historic artifacts pursuant to ORS 358.640(3) and 358.647. This division specifically excludes real property matters governed by ORS 358.653 and archaeological objects provided for in ORS 358.905 to 358.961.

Stat. Auth.: ORS 358.640(4)
Stats. Implemented: ORS 358.640(3), ORS 358.647
Hist.: PRD 4-2003, f. & cert. ef. 5-16-03

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 property which have historic significance. "Historic artifacts" does not include paper, electronic media or other media that are classified as public records. "Historic Artifacts" does not include "archaeological objects" as defined in ORS 358.905(1)(a).

(3)"Historic Significance" as used in the definition of "historic artifacts" connotes a historic artifact that was important, meaningful, or influenced past events, or is famous. Historic significance may be determined by the Oregon Heritage Commission or by the department based on an inventory of historic artifacts, including:

(a) The inventory of historic property prepared by the former Historic Properties Commission;

(b) A local government's acknowledged comprehensive plan inventory of historic resources under Statewide Planning Goal 5; or

(c) The inventory of state-owned cultural properties coordinated by the Oregon Heritage Commission pursuant to ORS 358.595; or

(d) A state agency's inventory of historic artifacts prepared by a professional.

(4) "Indian tribe" as provided in ORS 182.162(2), means a federally recognized Indian tribe in Oregon.

(5) "Museum" as provided in ORS 358.415(1), is an institution located in Oregon and operated by a nonprofit corporation or public agency, primarily educational, scientific or aesthetic in purpose, which owns, borrows or cares for, and studies, archives or exhibits property.

(6) "Oregon Heritage Commission" means the commission charged, along with the department, with identifying and cataloging state-owned historic artifacts.

(7) "Professional" means a person who possesses knowledge, experience, and demonstrable competence in methods and techniques appropriate to evaluate the nature and content of an item or collection of historic artifacts.

(8) "State agency" as provided in ORS 358.635(2), includes all officers, employees, agencies, boards, committees and commissions of the legislative, executive, administrative and judicial branches of state government.

(9) "Surplus Property" as provided in OAR 125-050-0000(11), means all personal property, vehicles and titled equipment excess to the state's needs available for sale to state agencies, political subdivisions of the state and private not-for-profit organizations and/or the general public.

(10) "Temporary transfer or loan" includes all deposits of state-owned historic artifacts with a state or federal agency, a person as defined in ORS 174.100(5), a museum, local government as defined in ORS 174.116(1), or an Indian tribe, which are not accompanied by a transfer of title to the property.

Stat. Auth.: ORS 358.640(4)
Stats. Implemented: ORS 358.640(3), ORS 358.647
Hist.: PRD 4-2003, f. & cert. ef. 5-16-03

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 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
Hist.: PRD 4-2003, f. & cert. ef. 5-16-03

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. 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
Hist.: PRD 4-2003, f. & cert. ef. 5-16-03

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 practicable time.

(2) If the information required by OAR 736-052-0010 is not included with the state agency request, the department shall notify the state agency that the 60-day review period has not begun, what information required by OAR 736-052-0010 is missing or incomplete, and that the 60-day review period will begin when the missing or complete information is received by the department.

Stat. Auth.: ORS 358.640(4)
Stats. Implemented: ORS 358.640(3), ORS 358.647
Hist.: PRD 4-2003, f. & cert. ef. 5-16-03

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 effective date of this rule.

(2) This division does not apply to the temporary transfer or loan of state-owned historic artifacts.

(3) Nothing in this division either authorizes or invalidates a state agency action that transferred, sold, demolished, substantially altered or otherwise disposed of any historic artifacts prior to the effective date of this rule.

Stat. Auth.: ORS 358.640(4)
Stats. Implemented: ORS 358.640(3), ORS 358.647
Hist.: PRD 4-2003, f. & cert. ef. 5-16-03

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​