Here is a "summary version" of a bill. SB64
Has several areas of concern.
What are "certain archaeological activities"?
Makes it illegal to alter or excavate an archaeological site on PRIVATE lands without a permit. Or to remove anything from that site. So would you even need a permit to dig on your OWN property?!!
It does not mention metal detecting but we all know it could very easily be twisted to include it at a later date.
Oregon residents need to contact their legislators and voice their concerns on this one.
Mark Schuessler
Alliance Liaison FMDAC
73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Senate Bill 64
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Governor Theodore R. Kulongoski for State Parks and Recreation Department)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor?s brief statement of the essential features of themeasure as introduced.
Requires persons conducting certain archaeological activities on privatelands to obtain permit from State Parks and Recreation Department. Specifies that landowner must be deprived of lawful use of property under archaeological permit to receive compensation under eminent domain process.
A BILL FOR AN ACT
Relating to archaeological permit issuance on private lands; creating new provisions; and amending ORS 358.945, 358.953 and 390.235.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 358.945 is amended to read:
358.945. (1) If a person who is conducting an archaeological investigation on public or private lands according to the provisions of ORS 390.235 [or on private land with the owner?s written permission] finds a sacred object or object of cultural patrimony, the person conducting the archaeological investigation shall notify in writing:
(a) The State Historic Preservation Officer; and
(b) The appropriate ethnic group, religious group or Indian tribe with which the object is associated.
(2) If a sacred object or object of cultural patrimony is recovered on any land, the State Historic Preservation Officer shall assist the appropriate group to repossess the object.
(3) This section does not apply to the contents of an Indian cairn or burial regulated under ORS 97.740 to 97.760.
(4) Failure to notify the appropriate Indian tribe as required by subsection (1)(b) of this section is a Class B misdemeanor.
SECTION 2. ORS 358.953 is amended to read:
358.953. [(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.]
(1) The state shall compensate a property owner, under the procedures provided in ORS chapter 35, for the loss in value to the property if:
(a) The State Parks and Recreation Department denies or is precluded from issuing to the owner or agent of the owner a permit under ORS 390.235; and
(b) The denial or preclusion prevents the owner or agent of the owner from engaging in conduct otherwise allowed under ORS 358.920.
(2) Notwithstanding any other provision of law, if human remains, funerary objects, sacred objects or objects of cultural patrimony are removed from private property at a tribe?s request, the tribe shall pay the expenses of removal and, at its expense, restore the private property to its condition prior to the removal.
SECTION 3. ORS 390.235 is amended to read:
390.235. (1)(a) A person may not, without a permit issued by the State Parks and Recreation Department:
(A) Excavate or alter an archaeological site on public or private lands[,];
(B) Make an exploratory excavation on public lands to determine the presence of an archaeological site; or
(C) Remove from public or private lands any material of an archaeological, historical, prehistorical or anthropological nature [without first obtaining a permitissued by the State Parks and Recreation Department].
(b) If a person who obtains a permit under this section intends to curate or arrange for alternate curation of an archaeological object that is uncovered during an archaeological investigation, the person must submit evidence to the State Historic Preservation Officer that the Oregon State Museum of Anthropology and the appropriate Indian tribe have approved the applicant?s curatorial facilities. (c) No permit shall be effective without the approval of the state agency or local governing body charged with management of the public land on which the excavation is to be made, and without the approval of the appropriate Indian tribe.
(d) The State Parks and Recreation Director, with the advice of the Oregon Indian tribes and Executive Officer of the Commission on Indian Services, shall adopt rules governing the issuance of permits.
(e) Disputes under paragraphs (b) and (c) of this subsection shall be resolved in accordance with ORS 390.240.
(f) Before issuing a permit, the State Parks and Recreation Director shall consult with:
(A) The landowning or land managing agency; and
(B) If the archaeological site in question is associated with a prehistoric or historic native Indian culture:
(i) The Commission on Indian Services; and
(ii) The most appropriate Indian tribe.
(2) The State Parks and Recreation Department may issue a permit under subsection (1) of this section under the following circumstances:
(a) To a person conducting an excavation, examination or gathering of such material for the benefit of a recognized scientific or educational institution with a view to promoting the knowledge of archaeology or anthropology;
(b) To a qualified archaeologist to salvage such material from unavoidable destruction; or
(c) To a qualified archaeologist sponsored by a recognized institution of higher learning, private firm or an Indian tribe as defined in ORS 97.740.
(3) Any archaeological materials, with the exception of Indian human remains, funerary objects, sacred objects and objects of cultural patrimony as defined in ORS 358.905, recovered by a person granted a permit under subsection (2) of this section shall be under the stewardship of the State ofOregon to be curated by the Oregon State Museum of Anthropology unless:
(a) The Oregon State Museum of Anthropology with the approval from the appropriate Indian tribe approves the alternate curatorial facilities selected by the permittee;
(b) The materials are made available for nondestructive research by scholars; and
[2]
(c)(A) The material is retained by a recognized scientific, educational or Indian tribal institution for whose benefit a permit was issued under subsection (2)(a) of this section;
(B) The State Board of Higher Education with the concurrence of the appropriate Indian tribe grants approval for material to be curated by an educational facility other than the institution that collected the material pursuant to a permit issued under subsection
(2)(a) of this section; or
(C) The sponsoring institution or firm under subsection (2)(c) of this section furnishes the Oregon State Museum of Anthropology with a complete catalog of the material within six months after the material is collected.
(4) The Oregon State Museum of Anthropology shall have the authority to transfer permanent possessory rights in subject material to an appropriate Indian tribe.
(5) Except for sites containing human remains, funerary objects and objects of cultural
patrimony as defined in ORS 358.905, or objects associated with a prehistoric Indian tribal culture, the permit required by subsection (1) of this section or by ORS 358.920 shall not be required for forestry operations on private lands for which notice has been filed with the State Forester under ORS 527.670.
(6) As used in this section:
(a) ?Private firm? means any legal entity that:
(A) Has as a member of its staff a qualified archaeologist; or
(B) Contracts with a qualified archaeologist who acts as a consultant to the entity and provides the entity with archaeological expertise.
(b) ?Qualified archaeologist? means a person who has the following qualifications:
(A) A post-graduate degree in archaeology, anthropology, history, classics or other germane discipline with a specialization in archaeology, or a documented equivalency of such a degree;
(B) Twelve weeks of supervised experience in basic archaeological field research, including both survey and excavation and four weeks of laboratory analysis or curating; and
(C) Has designed and executed an archaeological study, as evidenced by a Master of Arts or Master of Science thesis, or report equivalent in scope and quality, dealing with archaeological field research.
(7) Violation of the provisions of subsection (1)(a) of this section is a Class B misdemeanor.
SECTION 4. The amendments to ORS 358.945, 358.953 and 390.235 by sections 1 to 3 of this 2005 Act apply to persons initiating archaeological investigations, excavations, alterations or removals on or after the effective date of this 2005 Act.
Has several areas of concern.
What are "certain archaeological activities"?
Makes it illegal to alter or excavate an archaeological site on PRIVATE lands without a permit. Or to remove anything from that site. So would you even need a permit to dig on your OWN property?!!
It does not mention metal detecting but we all know it could very easily be twisted to include it at a later date.
Oregon residents need to contact their legislators and voice their concerns on this one.
Mark Schuessler
Alliance Liaison FMDAC
73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Senate Bill 64
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Governor Theodore R. Kulongoski for State Parks and Recreation Department)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor?s brief statement of the essential features of themeasure as introduced.
Requires persons conducting certain archaeological activities on privatelands to obtain permit from State Parks and Recreation Department. Specifies that landowner must be deprived of lawful use of property under archaeological permit to receive compensation under eminent domain process.
A BILL FOR AN ACT
Relating to archaeological permit issuance on private lands; creating new provisions; and amending ORS 358.945, 358.953 and 390.235.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 358.945 is amended to read:
358.945. (1) If a person who is conducting an archaeological investigation on public or private lands according to the provisions of ORS 390.235 [or on private land with the owner?s written permission] finds a sacred object or object of cultural patrimony, the person conducting the archaeological investigation shall notify in writing:
(a) The State Historic Preservation Officer; and
(b) The appropriate ethnic group, religious group or Indian tribe with which the object is associated.
(2) If a sacred object or object of cultural patrimony is recovered on any land, the State Historic Preservation Officer shall assist the appropriate group to repossess the object.
(3) This section does not apply to the contents of an Indian cairn or burial regulated under ORS 97.740 to 97.760.
(4) Failure to notify the appropriate Indian tribe as required by subsection (1)(b) of this section is a Class B misdemeanor.
SECTION 2. ORS 358.953 is amended to read:
358.953. [(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.]
(1) The state shall compensate a property owner, under the procedures provided in ORS chapter 35, for the loss in value to the property if:
(a) The State Parks and Recreation Department denies or is precluded from issuing to the owner or agent of the owner a permit under ORS 390.235; and
(b) The denial or preclusion prevents the owner or agent of the owner from engaging in conduct otherwise allowed under ORS 358.920.
(2) Notwithstanding any other provision of law, if human remains, funerary objects, sacred objects or objects of cultural patrimony are removed from private property at a tribe?s request, the tribe shall pay the expenses of removal and, at its expense, restore the private property to its condition prior to the removal.
SECTION 3. ORS 390.235 is amended to read:
390.235. (1)(a) A person may not, without a permit issued by the State Parks and Recreation Department:
(A) Excavate or alter an archaeological site on public or private lands[,];
(B) Make an exploratory excavation on public lands to determine the presence of an archaeological site; or
(C) Remove from public or private lands any material of an archaeological, historical, prehistorical or anthropological nature [without first obtaining a permitissued by the State Parks and Recreation Department].
(b) If a person who obtains a permit under this section intends to curate or arrange for alternate curation of an archaeological object that is uncovered during an archaeological investigation, the person must submit evidence to the State Historic Preservation Officer that the Oregon State Museum of Anthropology and the appropriate Indian tribe have approved the applicant?s curatorial facilities. (c) No permit shall be effective without the approval of the state agency or local governing body charged with management of the public land on which the excavation is to be made, and without the approval of the appropriate Indian tribe.
(d) The State Parks and Recreation Director, with the advice of the Oregon Indian tribes and Executive Officer of the Commission on Indian Services, shall adopt rules governing the issuance of permits.
(e) Disputes under paragraphs (b) and (c) of this subsection shall be resolved in accordance with ORS 390.240.
(f) Before issuing a permit, the State Parks and Recreation Director shall consult with:
(A) The landowning or land managing agency; and
(B) If the archaeological site in question is associated with a prehistoric or historic native Indian culture:
(i) The Commission on Indian Services; and
(ii) The most appropriate Indian tribe.
(2) The State Parks and Recreation Department may issue a permit under subsection (1) of this section under the following circumstances:
(a) To a person conducting an excavation, examination or gathering of such material for the benefit of a recognized scientific or educational institution with a view to promoting the knowledge of archaeology or anthropology;
(b) To a qualified archaeologist to salvage such material from unavoidable destruction; or
(c) To a qualified archaeologist sponsored by a recognized institution of higher learning, private firm or an Indian tribe as defined in ORS 97.740.
(3) Any archaeological materials, with the exception of Indian human remains, funerary objects, sacred objects and objects of cultural patrimony as defined in ORS 358.905, recovered by a person granted a permit under subsection (2) of this section shall be under the stewardship of the State ofOregon to be curated by the Oregon State Museum of Anthropology unless:
(a) The Oregon State Museum of Anthropology with the approval from the appropriate Indian tribe approves the alternate curatorial facilities selected by the permittee;
(b) The materials are made available for nondestructive research by scholars; and
[2]
(c)(A) The material is retained by a recognized scientific, educational or Indian tribal institution for whose benefit a permit was issued under subsection (2)(a) of this section;
(B) The State Board of Higher Education with the concurrence of the appropriate Indian tribe grants approval for material to be curated by an educational facility other than the institution that collected the material pursuant to a permit issued under subsection
(2)(a) of this section; or
(C) The sponsoring institution or firm under subsection (2)(c) of this section furnishes the Oregon State Museum of Anthropology with a complete catalog of the material within six months after the material is collected.
(4) The Oregon State Museum of Anthropology shall have the authority to transfer permanent possessory rights in subject material to an appropriate Indian tribe.
(5) Except for sites containing human remains, funerary objects and objects of cultural
patrimony as defined in ORS 358.905, or objects associated with a prehistoric Indian tribal culture, the permit required by subsection (1) of this section or by ORS 358.920 shall not be required for forestry operations on private lands for which notice has been filed with the State Forester under ORS 527.670.
(6) As used in this section:
(a) ?Private firm? means any legal entity that:
(A) Has as a member of its staff a qualified archaeologist; or
(B) Contracts with a qualified archaeologist who acts as a consultant to the entity and provides the entity with archaeological expertise.
(b) ?Qualified archaeologist? means a person who has the following qualifications:
(A) A post-graduate degree in archaeology, anthropology, history, classics or other germane discipline with a specialization in archaeology, or a documented equivalency of such a degree;
(B) Twelve weeks of supervised experience in basic archaeological field research, including both survey and excavation and four weeks of laboratory analysis or curating; and
(C) Has designed and executed an archaeological study, as evidenced by a Master of Arts or Master of Science thesis, or report equivalent in scope and quality, dealing with archaeological field research.
(7) Violation of the provisions of subsection (1)(a) of this section is a Class B misdemeanor.
SECTION 4. The amendments to ORS 358.945, 358.953 and 390.235 by sections 1 to 3 of this 2005 Act apply to persons initiating archaeological investigations, excavations, alterations or removals on or after the effective date of this 2005 Act.
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