OAR 736-051-0090: Archaeological Permits: Process for Applying for an Archaeological Permit on Private Lands

(1) A person may not 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 that the director issues pursuant to this rule: (a) The department does not require permits for archaeologists to conduct exploratory excavation to determine the presence of an archaeological site on private lands; (b) If an archaeological site is identified, all excavation must stop and the archaeologist shall record the site on a State of Oregon Archaeological Site Record and submit to SHPO. (c) If additional investigation is necessary for an archaeologist to establish the boundary of the site, continue excavation of any exploratory probes, or conduct further archaeological excavations or collection of archaeological objects, it will require a permit that the department issues pursuant to this rule. (2) A person who desires an archaeological permit on private lands pursuant to ORS 358.920(1)(a) and ORS 390.235 must submit a request to the director: (a) A complete application for an archaeological permit on private lands must: (A) Meet the same requirements provided for a public lands application in OAR 736-051-0080(3). (B) Be accompanied by a copy of the landowner’s written permission pursuant to ORS 358.920(5), and (C) Include a written statement concerning the disposition of any recovered archaeological objects not covered by ORS 358.920(4)(b); (b) The archaeological permit process for private lands is the same as OAR 736-051-0080 (2)-(12) relating to permits on public lands. (3) Unless authorized by ORS 97.750, the department will not issue an archaeological permit on private lands for burials, human remains, funerary objects, sacred objects, or objects of cultural patrimony. (4) Disputes over an archaeological permit on private lands shall be resolved pursuant as provided in OAR 736-051-0000 through 736-051-0050. (5) The director, in coordination with appropriate Indian tribe(s) may amend archaeological permits where: (a) The applicant requests amendments to an active, issued archaeological permit. (b) Amendment requests address anything in the issued permit, with the exception of field methods. (c) An amendment request to extend permit deadlines and deliverables may not exceed more than one-year. (d) An amendment requesting a change in responsibility over an issued permit must be signed by both the current and proposed applicant. If either the proposed or current applicant is not available, the amendment requestor must contact the director to determine if a new permit is needed. (e) The director will send amendment requests for a 10-day review to entities with approval authority.