OAR 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 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. 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.]