OAR 736-051-0090
Archaeological Permits: Process for Applying for an Archaeological Permit on Private Lands
(1)
A person may not knowingly and intentionally excavate, injure, destroy or alter an archeological site or object or remove an archeological object from private lands in Oregon unless that activity is authorized by a permit issued pursuant to this rule:(a)
Permits on private lands will not be required for exploratory excavation to determine the presence of an archaeological site;(b)
The provisions of this rule do not apply to a person who unintentionally discovers an archaeological object that has been exposed by the forces of nature and retains the object for personal use, except for sacred objects, human remains, funerary objects or objects of cultural patrimony;(c)
Collection of an arrowhead from the surface of private land is permitted if collection can be accomplished without the use of any tool.(2)
Intentionally left blank —Ed.(a)
It is strongly recommended that anyone considering a development project on private lands on previously undisturbed ground contact the SHPO and the appropriate Tribe(s) to determine whether archaeological sites and objects are likely to be present in the project area. This contact will reduce the chance that the project will be delayed due to discovery of an archaeological site;(b)
SHPO shall coordinate, along with the governing bodies of the Oregon Tribes and the CIS, joint efforts to create and disseminate informational materials that will be distributed to local governments, federal and state agencies, and permitting authorities on the requirements of ORS Chapters 97, 358 and 390, and these rules.(3)
A person who desires an archaeological permit to excavate or remove objects on private lands pursuant to ORS 358.920 (Prohibited conduct)(1)(a) and 390.235 (Permits and conditions for excavation or removal of archaeological or historical material) must submit a request to the Oregon State Parks and Recreation Director or his or her designee:(a)
The application must be complete and meet the requirements of the public lands rule section OAR 736-051-0080 (Archaeological Permits: Process for Applying for an Archaeological Permit on Public Lands)(4). In addition, an application for an archaeological permit on private lands must be accompanied by a copy of the landowner’s written permission pursuant to ORS 358.920 (Prohibited conduct)(5), and a written statement concerning the disposition of any recovered artifacts not covered by 358.920 (Prohibited conduct)(4)(b);(b)
The archaeological permit process for private lands is the same as that found in OAR 736-051-0080 (Archaeological Permits: Process for Applying for an Archaeological Permit on Public Lands)(6), (7), (8), (9), (10), (12) and (14) relating to permits on public lands. The SHPO must be satisfied that reasonable concerns of the appropriate Tribe(s) have been addressed by the applicant.(4)
Upon receipt of an application, the Director or his or her designee may contact the landowner to verify the written permission, location and activities of the proposed activity.(5)
Unless authorized by ORS 97.750 (Permitted acts), an archaeological permit on private lands shall not be issued if the activity includes burials, funerary objects, or human remains.(6)
If an applicant disputes the permit conditions, or the Director’s denial of a permit, the dispute shall be resolved pursuant to OAR 736-051-0000 (Dispute Resolution Process) through 736-051-0050 (Arbitration).
Source:
Rule 736-051-0090 — Archaeological Permits: Process for Applying for an Archaeological Permit on Private Lands, https://secure.sos.state.or.us/oard/view.action?ruleNumber=736-051-0090.