Oregon Historical and Heritage Agencies, Programs and Tax Provisions

ORS 358.905
Definitions for ORS 358.905 to 358.961

  • interpretation


As used in ORS 192.005 (Definitions for ORS 192.005 to 192.170), 192.338 (Exempt and nonexempt public record to be separated), 192.345 (Public records conditionally exempt from disclosure), 192.355 (Public records exempt from disclosure), 358.905 (Definitions for ORS 358.905 to 358.961) to 358.961 (Time limitations on actions or proceedings) and 390.235 (Permits and conditions for excavation or removal of archaeological or historical material):


“Archaeological object” means an object that:


Is at least 75 years old;


Is part of the physical record of an indigenous or other culture found in the state or waters of the state; and


Is material remains of past human life or activity that are of archaeological significance including, but not limited to, monuments, symbols, tools, facilities, technological by-products and dietary by-products.


“Site of archaeological significance” means:


Any archaeological site on, or eligible for inclusion on, the National Register of Historic Places as determined in writing by the State Historic Preservation Officer; or


Any archaeological site that has been determined significant in writing by an Indian tribe.


(A) “Archaeological site” means a geographic locality in Oregon, including but not limited to submerged and submersible lands and the bed of the sea within the state’s jurisdiction, that contains archaeological objects and the contextual associations of the archaeological objects with:


Each other; or


Biotic or geological remains or deposits.


Examples of archaeological sites described in subparagraph (A) of this paragraph include but are not limited to shipwrecks, lithic quarries, house pit villages, camps, burials, lithic scatters, homesteads and townsites.


“Indian tribe” has the meaning given that term in ORS 97.740 (Definitions for ORS 97.740 to 97.760).


“Burial” means any natural or prepared physical location whether originally below, on or above the surface of the earth, into which, as a part of a death rite or death ceremony of a culture, human remains were deposited.


“Funerary objects” means any artifacts or objects that, as part of a death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later.


“Human remains” means the physical remains of a human body, including, but not limited to, bones, teeth, hair, ashes or mummified or otherwise preserved soft tissues of an individual.


“Object of cultural patrimony”:


Means an object having ongoing historical, traditional or cultural importance central to the native Indian group or culture itself, rather than property owned by an individual native Indian, and which, therefore, cannot be alienated, appropriated or conveyed by an individual regardless of whether or not the individual is a member of the Indian tribe. The object shall have been considered inalienable by the native Indian group at the time the object was separated from such group.


Does not mean unassociated arrowheads, baskets or stone tools or portions of arrowheads, baskets or stone tools.


“Police officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670).


“Public lands” means any lands owned by the State of Oregon, a city, county, district or municipal or public corporation in Oregon.


“Sacred object” means an archaeological object or other object that:


Is demonstrably revered by any ethnic group, religious group or Indian tribe as holy;


Is used in connection with the religious or spiritual service or worship of a deity or spirit power; or


Was or is needed by traditional native Indian religious leaders for the practice of traditional native Indian religion.


“State police” has the meaning given that term in ORS 181A.010 (Definitions for ORS 181A.010 to 181A.350).


The terms set forth in subsection (1)(e), (f), (g), (h) and (k) of this section shall be interpreted in the same manner as similar terms interpreted pursuant to 25 U.S.C. 3001 et seq. [1983 c.620 §1; 1993 c.459 §1; 1995 c.588 §1]
§§ 358.905 to 358.955

Law Review Citations

25 EL 463 (1995)


Last accessed
Jun. 26, 2021