Oregon Revised Statutes
Chapter 358 — Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites
179 sections358.010 [Renumbered 357.815]
OREGON HISTORICAL SOCIETY
358.015 State policy to contribute to Oregon Historical Society
The state recognizes a continuing obligation to contribute to the support of the Oregon Historical Society. The amount appropriated each biennium will be considered the continuing level of state aid for operation of the society for the next biennium. Supplements may also be added to acknowledge inflationary factors and as a match for demonstrated increases i…
358.018 Duties of Oregon Historical Society
The Oregon Historical Society shall advise the Department of Transportation on acquisition, development and operation of historic places. The Department of Transportation shall consider the advice of the Oregon Historical Society, particularly advice regarding the designation of historic buildings, sites and other historic places. [Formerly 358.770] (Tempo…
358.020 [Renumbered 357.825]
358.030 [Amended by 1961 c.160 §20; renumbered 357.835]
OREGON HISTORIC FAMILIES DATABASE
358.035 Oregon Historic Families database; duties of State Archivist
The State Archivist shall establish the Oregon Historic Families database to provide genealogy research material and to encourage genealogy studies of historic families of Oregon. The State Archivist shall compile Oregon data taken from decennial censuses prior to 1910. The State Archivist shall consolidate information pertaining to genealogy of Oregon Hist…
358.040 [Renumbered 357.845]
OREGON HISTORIC TRAILS
358.045 Oregon Trail; comprehensive program for development
The Oregon Historical Society shall prepare, administer and periodically revise a comprehensive program for the development of the Oregon Trail as a major historical attraction in this state. The program prepared by the Oregon Historical Society shall provide for: Coordination of local, regional and national efforts to develop the Oregon Trail. Encourageme…
358.050 [Amended by 1961 c.160 §21; renumbered 357.855]
358.055 Oregon Trail; promotion as major tourist attraction
The Oregon Business Development Department shall promote the Oregon Trail as a major tourist attraction in this state, consistent with maintaining the historical integrity of the Oregon Trail by: Preparing and distributing maps, brochures and other promotional literature that publicize the historical, cultural and recreational opportunities available along …
358.057 Value and significance of state historic trails
Oregon recognizes the value and significance of its historic trails, including: The Lewis and Clark National Historic Trail; The Oregon National Historic Trail; The Applegate National Historic Trail; The Nez Perce National Historic Trail; Alternate routes of the Oregon Trail including: The Whitman Mission Route; The Upper Columbia River Route; The Me…
358.060 [Amended by 1961 c.160 §22; renumbered 357.865]
358.070 [Renumbered 357.875]
358.080 [Amended by 1961 c.172 §6; renumbered 357.885]
358.090 [1961 c.160 §19; renumbered 357.895]
358.110 [Repealed by 1981 c.126 §6]
358.120 [Repealed by 1981 c.126 §6]
358.130 [Repealed by 1981 c.126 §6]
358.140 [Repealed by 1981 c.126 §6]
358.150 [Repealed by 1981 c.126 §6]
358.160 [Repealed by 2005 c.22 §255]
358.170 [Amended by 1965 c.327 §1; repealed by 1983 c.350 §227 (358.171 enacted in lieu of 358.170)]
COUNTY HISTORICAL FUND
358.171 Election to establish county historical fund
This section establishes the procedure for determining whether a county historical fund should be created. The question shall be decided by election. The governing body of a county: May order the election on its own resolution; or Shall order the election when a petition is filed as provided in this section. An election under this section shall determine:…
358.180 Tax levy for county historical fund; limitation
When authorized by the electors as set forth in ORS 358.171, the governing body of the county may levy, in addition to the taxes now permitted by law to be levied, an ad valorem tax upon the taxable property in the county for the purpose of creating a county historical fund. The levy shall be a continuing levy in the amount required by the detailed estimate…
358.190 Historical fund not subject to Local Budget Law
The county historical fund is not subject to the provisions of the Local Budget Law and shall be a continuing fund.
358.200 Annual estimate of money required by historical societies
Upon the creation of a county historical fund, the president and secretary of any historical society organized as a nonprofit organization under the laws of Oregon, affiliated with and approved by the Oregon Historical Society and including in its purposes the acquisition by gift, purchase or other means and the preservation of historical objects, real and p…
358.210 Disbursal of money in county historical fund
Upon the filing of the detailed estimate and approval thereof by the governing body of the county, all moneys in the county historical fund are subject to disbursal by warrants drawn by the historical society and signed by the president and secretary of the society. No money withdrawn from the fund shall be expended except for purposes set forth in ORS 358.2…
358.220 Annual historical society report of fund moneys expended
On or before January 1 of each year, every historical society specified in ORS 358.200 which has received moneys from a county historical fund shall submit a report in writing to the governing body of the county showing in detail how such moneys have been expended during the preceding fiscal year ending June 30.
358.230 Termination of tax levy for county historical fund
The authority to levy taxes for the county historical fund shall be deemed terminated in any county by the majority vote of the electors of the county voting to that effect on such question at any general election. Such termination shall be without prejudice to any subsequent authorization of such levy under ORS 358.171 and 358.180. CITY MUSEUMS
358.310 Definitions for ORS 358.310 to 358.405
As used in ORS 358.310 to 358.405, unless the context requires otherwise: “Governing body” means the city council in relation to a city museum or the respective city councils of the two or more cities in relation to a joint city museum. “Museum” includes any collection of archaeological specimens, artifacts, pioneer relics, articles, documents and other th…
358.315 General authority of cities regarding public museums
Any city acting through its governing body or a museum commission established under ORS 358.320, may, for public museum purposes: Accept deeds, gifts, devises or bequests of land, money or other valuable things and hold, control or dispose of such things according to the terms of the deed, gift, devise or bequest, except that whenever the deed, gift, devise…
358.320 Museum commission
The governing body of a city may appoint a museum commission, which shall consist of seven members chosen with reference to their fitness for the position. The members of a city museum commission shall be residents of the city in which the museum is or is to be located. When two or more cities jointly establish, maintain and operate a public museum, four of…
358.325 Terms of commission members
Two of the first members of a museum commission shall be appointed for one year, two shall be appointed for two years and three shall be appointed for three years, as determined by the governing body. Except for the first members and appointments to fill vacancies, the terms of members of a museum commission shall be three years and until their successors ar…
358.330 Chairperson and secretary of commission; duties of commission regarding records, rules, reports and budgets
A museum commission shall: Elect a chairperson and secretary to serve until the next succeeding first Monday in January and until their successors are elected. The secretary shall keep permanent and complete records of the proceedings of the museum commission. Adopt rules governing the transaction of its business. Prepare and submit an annual budget and a…
358.335 Vacancies on commission
A vacancy in the position of member of a museum commission shall be filled by a qualified person appointed by the governing body for the remainder of the unexpired term of the appointee’s predecessor in the position.
358.340 Compensation of commission members
The members of a museum commission shall receive no compensation as members, but shall be reimbursed for expenses incurred in the performance of their duties and approved by the chairperson of the museum commission.
358.345 Authority of city to establish and operate public museum
Any city may establish, maintain and operate a public museum. Any two or more cities may jointly establish, maintain and operate a public museum.
358.350 [1953 c.481 §4; repealed by 1957 c.200 §3]
358.355 Acquisition of site and structure for museum
In the event that a public museum is established under ORS 358.345, the city or two or more cities, acting through the governing body or museum commission, may: Acquire a site or sites for the museum. Construct a structure or structures to house the museum collection, or lease a structure or structures for such purpose for not more than 50 years. Use publ…
358.360 Duties of museum commission respecting establishment of museum
A museum commission shall: Determine the kind and class of museum to be established and submit such determination to the governing body. Investigate and determine the most suitable location for the museum and the adequacy of roads or streets and parking areas therefor, and submit its proposals relating thereto to the governing body. Subject to approval by…
358.365 Duties of museum commission respecting operation of museum
When a museum is established under ORS 358.345, a museum commission shall: Maintain and operate the museum for and in the name of the city or two or more cities. Subject to the approval of the governing body before they become effective, adopt and publish rules relating to the operation of the museum, admission charges thereto and the administration of the…
358.370 Payment of expense of museum operation
The governing body may provide for the payment of the expense incident to museum operation, care and maintenance of museum objects, structures and grounds, and compensation of employees by means of annual budgeting and appropriation.
358.375 Issuance of bonds to acquire museum site and structure
In the case of a city museum, and when authorized by the electors of the city voting at a primary election or general election, the governing body may issue general obligation or revenue bonds of the city for the purpose of providing all or part of the funds necessary to acquire a museum site or sites and to construct the museum. In the case of a joint city…
358.380 General bond law applicable to museum bonds
The provisions of ORS chapter 287A apply to bonds issued under ORS 358.375.
358.385 Pledge of museum revenues for payment of museum bonds
The governing body may pledge all or part of museum revenues, collected or to be collected, as security for the payment of general obligation bonds or revenue bonds issued under ORS 358.375.
358.390 Revenue bonds and pledges of revenue not general obligations of city
Revenue bonds issued under ORS 358.375 and pledges of revenue under ORS 358.385 shall not be construed as a general obligation of the issuing city.
358.395 [1953 c.481 §20; repealed by 2007 c.783 §234]
358.400 [1953 c.481 §21; repealed by 2007 c.783 §234]
358.405 Method of settling disagreement where joint action of cities required
Whenever joint action by the city councils of two or more cities is required or authorized under ORS 358.310 to 358.405, and there is disagreement between or among the city councils of the two or more respective cities, the matter shall be submitted to a judge of the circuit court for the judicial district in which the joint city museum is located, who shall…
358.415 Definitions for ORS 358.420 to 358.440
For the purposes of ORS 358.420 to 358.440: “Loan,” “loaned” and “on loan” include all deposits of property with a museum that are not accompanied by a transfer of title to the property. “Museum” means an institution located in Oregon that: Is primarily educational, scientific or aesthetic in purpose; Owns, borrows or cares for, and studies, archives or …
358.420 Status of property loaned to a museum; statute of limitations on recovery
No action shall be brought against a museum to recover property on loan to the museum when more than 25 years have passed from the date of the last written contact between the lender and the museum. Property on loan to a museum shall be deemed to have been donated to the museum if no action is filed to recover the property within seven years after the museu…
358.425 Notice of termination of loan; content
A museum may give notice of termination of a loan of property at any time if the property was loaned to the museum for an indefinite term. If the property was loaned to the museum for a specified term, the museum may give notice of termination of the loan at any time after the expiration of the specified term. Notices given under this section shall contain:…
358.430 Procedure for giving notice; responsibility of owner
To give notice of termination of a loan, the museum shall mail a notice to the lender at the most recent address of the lender as shown on the museum’s records pertaining to the property on loan. If the museum has no address in its records, or the museum does not receive written proof of receipt of the mailed notice within 30 days of the date the notice was …
358.435 Status of title to acquired property
One who purchases property from a museum acquires good title to the property if the museum represents that it has acquired title to the property pursuant to ORS 358.420.
358.440 Notice to lenders
When a museum accepts a loan of property, the museum shall inform the lender in writing of the provisions of ORS 358.420 to 358.440. HERITAGE DISTRICTS
358.442 Definitions for ORS 358.442 to 358.474
As used in ORS 358.442 to 358.474, unless the context requires otherwise: “County” means the county in which the administrative office of the district is located. “County governing body” means the county court or board of county commissioners of the county. “District” means a heritage district formed under ORS 198.705 to 198.955 and 358.442 to 358.474. “…
358.444 Creation of heritage district
A heritage district may be created as provided in ORS 198.705 to 198.955 and 358.442 to 358.474. In addition to other required matters, a petition for formation of a district shall state the method of election of the board of the proposed district from among the methods described in ORS 358.456.
358.446 Formation of multicounty heritage district
In addition to other methods for formation of a heritage district authorized under ORS 198.705 to 198.955 and 358.442 to 358.474, the governing body in each of two or more counties may initiate the formation of a multicounty district, to be located entirely within those counties, by an order setting forth: The intention of the county governing body to initi…
358.448 Heritage district board
The officers of a heritage district shall be a board of five members, to be elected by the electors of the district. The district board shall appoint a representative of the museums in the district to serve as secretary of the district. Any elector residing within the district shall be qualified to serve as a district board member.
358.450 Election of first heritage district board
Five district board members shall be elected at the election for heritage district formation. Nominating petitions or declarations of candidacy described in ORS 249.031 shall be filed with the county governing body. The fee for a declaration of candidacy shall be as prescribed in ORS 255.235. If the effective date of the formation of the district occurs in …
358.452 Election of heritage district board members; initiative and referendum
ORS chapter 255 governs the following: The nomination and election of heritage district board members. The conduct of district elections. The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205.
358.454 Result of election at large or by zone; oath of office; vacancy; term of office
If two or three board members of a heritage district are to be elected at a regular district election at large, the candidates receiving the highest number of votes shall be elected. If one or more board members are to be elected by zone, the candidate receiving the highest number of votes in each zone shall be elected. Each district board member elected sh…
358.456 Choice of election at large or by zone
Heritage district board members may be elected by one of the following methods or a combination thereof: By the electors of zones as nearly equal in population as possible according to the latest federal census. At large by position number by the electors of the district. Candidates for election from zones shall be nominated by electors of the zones.
358.458 Change in method of nominating and electing heritage district board members
A heritage district may not change the method for nominating and electing board members, unless the change is approved by the electors of the district in an election held prior to the change in method. The district board: May order the election on its own resolution; or Shall order the election when a petition is filed as provided in this section. Except …
358.460 Population within boundaries of zones in heritage districts
The board of a heritage district shall adjust the boundaries of zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The district board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district.
358.462 Filing boundary change with county assessor and Department of Revenue
For purposes of ad valorem taxation, a boundary change of a zone established within a heritage district must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225.
358.464 Duties of heritage district board
The board of a heritage district shall be the governing body of the district and shall exercise all powers thereof. At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president.
358.466 Powers of heritage district board
The board of a heritage district has the power: To have and use a common seal. To sue and be sued in its name. To make and accept any and all contracts, deeds, leases, releases and documents of any kind that, in the judgment of the board, are necessary or proper to the exercise of any power of the district, and to direct the payment of all lawful claims o…
358.468 [Formerly 198.986; repealed by 2023 c.173 §1]
358.470 Sinking fund for acquisition of historic real property and restoration of historic buildings or facilities
The board of a heritage district, by resolution duly adopted, may establish sinking funds for the purpose of defraying the costs of acquiring historic real property and for restoration of historic buildings or facilities. A sinking fund may be created through the inclusion annually within the tax budget of the district of items representing the yearly instal…
358.472 Legal counsel for heritage district
The board of a heritage district may call upon the attorney for the heritage district for advice as to any district business. The attorney for the heritage district shall give advice when called on for advice by the board. The board may at any time employ special counsel for any purpose.
358.474 Employees’ retirement system
A heritage district may establish an employees’ retirement system as provided for rural fire protection districts under ORS 478.355 to 478.370. HISTORIC PROPERTY (Policy and Definitions)
358.475 Policy
The Legislative Assembly hereby declares that it is in the best interest of the state to maintain, preserve and rehabilitate properties of Oregon historical significance. Historic preservation incentive programs provide a public benefit by encouraging preservation and appropriate rehabilitation of significant historic properties. These historically significa…
358.480 Definitions for ORS 358.480 to 358.545
As used in ORS 358.480 to 358.545, unless the context requires otherwise: “Commercial property” means improved real property that is used in a trade or business or held for the production of income, including but not limited to: Single-family or multifamily residential rental property. Office buildings, retail buildings, hotels, banks, restaurants, servic…
358.482 [1995 c.693 §2; 2001 c.540 §3; repealed by 2009 c.892 §20]
358.485 [1975 c.514 §3; 1983 c.720 §3; 1989 c.904 §54; 1995 c.693 §15; repealed by 2001 c.540 §25]
(Application)
358.487 Application for classification and special assessment of commercial property as historic property; reapplication for additional consecutive term; fee; rules
An owner of commercial property may seek classification and special assessment as historic property under ORS 358.480 to 358.545 for the property by applying to the State Historic Preservation Officer on forms approved by the officer. The application must include or be accompanied by: A preservation plan that: Commits the applicant to expend, within the f…
358.490 Review and approval of application; withdrawal; amendment of plan
After an application is filed under ORS 358.487, the State Historic Preservation Officer: Shall determine whether the application meets the requirements of ORS 358.487; and May view the premises of the property that is the subject of the application. If the officer determines that the application does not meet the requirements of ORS 358.487, the officer …
358.495 Notice of approval or denial; notice of classification and special assessment; installation of plaque; contested case hearing and final order
As soon as practicable following approval or denial of an application under ORS 358.490, but in no event later than July 1 of the property tax year for which classification and special assessment as historic property are first sought, the State Historic Preservation Officer shall notify in writing: The governing body and the applicant of the decision; and …
358.499 Applicability and sunset provisions for classification and special assessment
Property may be classified and specially assessed as historic property under ORS 358.480 to 358.545 pursuant to an application filed under ORS 358.487 on or after September 9, 1995, and first applicable for the property tax year 1996-1997 or any property tax year thereafter. Property may not be classified and specially assessed as historic property pursuant…
358.500 Reporting requirement; work approval
The owner of property classified and specially assessed as historic property under ORS 358.480 to 358.545 shall submit written progress reports concerning the preservation plan to the State Historic Preservation Officer in a form, on a schedule and including content prescribed by the officer, on or before December 31 for the property tax years ending on June…
358.502 [1957 c.196 §1; repealed by 1957 c.196 §10]
358.504 [1957 c.196 §3; repealed by 1957 c.196 §10]
(Benefit Computation)
358.505 Determination of specially assessed value, maximum assessed value and assessed value of historic property; appeals
Except as provided in paragraph (b) of this subsection, for property granted special assessment as historic property under ORS 358.480 to 358.545, the county assessor shall list on the assessment and tax roll for 10 consecutive tax years a specially assessed value that equals the real market value of the property on the last certified assessment and tax roll…
358.506 [1957 c.196 §4; repealed by 1957 c.196 §10]
358.507 [1997 c.541 §433; repealed by 2001 c.540 §26]
358.508 [1957 c.196 §5; repealed by 1957 c.196 §10]
(Review)
358.509 Review of continued qualification of historic property by State Historic Preservation Officer
A county assessor, local landmark commission or governing body shall request the State Historic Preservation Officer to determine whether historic property that is located in their respective jurisdictions and classified and specially assessed as historic property under ORS 358.480 to 358.545 continues to be eligible for classification and special assessment…
358.510 [Repealed by 1957 c.196 §2]
358.511 [1995 c.693 §16; 2001 c.540 §10; 2009 c.892 §15; repealed by 2025 c.209 §20]
Note: The repeal of 358.511 applies to applications for classification and special assessment under 358.480 to 358.545 filed on or after September 26, 2025, for property tax years beginning on or after July 1, 2026. See sections 20 and 22, chapter 209, Oregon Laws 2025. The text that applies to applications for classification and special assessment under 358…
358.512 [1957 c.196 §6; repealed by 1957 c.196 §10]
358.514 [1957 c.196 §7; repealed by 1957 c.196 §10]
(Disqualification)
358.515 Disqualification for classification and special assessment; notice
Property that has been classified and specially assessed as historic property under ORS 358.480 to 358.545 remains classified and specially assessed until it is disqualified for classification and special assessment by: Expiration of the 10-year period of special assessment. Sale or transfer to a governmental or nonprofit entity that is exempt from ad valo…
358.516 [1957 c.196 §10; repealed by 1957 c.196 §10]
358.520 [Renumbered 390.220]
(Penalty)
358.525 Imposition of additional taxes, interest and penalties upon disqualification; exceptions
Except as provided in subsection (4) of this section, whenever property that has been specially assessed as historic property under ORS 358.480 to 358.545 is disqualified for special assessment as provided in ORS 358.515, there shall be added to the tax extended against the property on the next general property tax roll, to be collected and distributed in th…
358.526 [2001 c.540 §12b; repealed by 2009 c.892 §20]
(Change of Classification)
358.528 Application for change from historic property special assessment to another program to be acted upon unless withdrawn
When any property has been classified and specially assessed as historic property under ORS 358.480 to 358.545 and the owner or the owner’s legal representative applies for a change in the classification under another special assessment program, the applicant shall have 30 calendar days following the filing of the application within which to withdraw the app…
358.530 [Repealed by 1959 c.242 §1]
358.535 [1975 c.514 §9; 1995 c.5 §13; 1995 c.693 §10; 2001 c.540 §14; repealed by 2009 c.892 §20]
358.540 [1975 c.514 §10; 1983 c.720 §10; 1995 c.5 §14; 1995 c.693 §11; 2001 c.540 §15; 2005 c.549 §1; 2007 c.718 §2; 2009 c.892 §11; repealed by 2025 c.209 §20]
Note: The repeal of 358.540 applies to applications for classification and special assessment under 358.480 to 358.545 filed on or after September 26, 2025, for property tax years beginning on or after July 1, 2026. See sections 20 and 22, chapter 209, Oregon Laws 2025. The text that applies to applications for classification and special assessment under 358…
358.541 [2005 c.549 §2; 2007 c.718 §3; 2009 c.892 §12; repealed by 2025 c.209 §20]
Note: The repeal of 358.541 applies to applications for classification and special assessment under 358.480 to 358.545 filed on or after September 26, 2025, for property tax years beginning on or after July 1, 2026. See sections 20 and 22, chapter 209, Oregon Laws 2025. The text that applies to applications for classification and special assessment under 358…
358.543 Assessment of new construction and additions
The value of new construction or additions to property classified and specially assessed as historic property under ORS 358.480 to 358.545 shall be assessed in the same manner as the original historic property under ORS 358.505 if the new construction or additions: Were included in the preservation plan approved under ORS 358.490; and Meet the historic reh…
358.545 Rules
The Director of the Department of Revenue and the State Historic Preservation Officer shall adopt rules within their areas of expertise as necessary to carry out the purposes of ORS 358.480 to 358.545. Note: The amendments to 358.545 by section 13, chapter 209, Oregon Laws 2025, apply to applications for classification and special assessment under 358.480 t…
358.565 State Historic Preservation Officer
The Governor shall designate a State Historic Preservation Officer who shall serve at the pleasure of the Governor. In case of vacancy, the Governor shall designate a successor. The State Historic Preservation Officer shall appoint a staff of persons well qualified in history, architectural history, architecture, archaeology and education as technical assis…
358.570 Oregon Heritage Commission; establishment; terms of commission members
There is established in the State Parks and Recreation Department the Oregon Heritage Commission consisting of nine voting members appointed by the Governor and nine advisory members, as described in ORS 358.575. The term of office of each voting member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of…
358.575 Commission membership
The voting members of the Oregon Heritage Commission shall be representatives of: Heritage interests, including Indian tribes with federal recognition, that reflect the cultural and geographic diversity of this state; and Heritage interests reflected in community institutions, libraries, museums, architecture, archaeology and historic preservation. The ad…
358.580 Selection of chairperson; quorum; meetings
The Oregon Heritage Commission shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines. A majority of the voting members of the commission constitutes a quorum for the transaction of business. The com…
358.583 Purpose and duties of commission relating to museums
As used in this section, “museum” means a public institution or private nonprofit Oregon corporation primarily devoted to the acquisition and public exhibition of specimens, artifacts, articles, documents and other items that relate to history, anthropology, archaeology, science or art and that have historical significance. The purpose of this section is to…
358.585 Rules
In accordance with applicable provisions of ORS chapter 183, the State Parks and Recreation Commission may adopt rules, as requested by the Oregon Heritage Commission, for the administration of the laws that the commissions are charged with administering. Note: See note under 358.570.
358.590 Advisory and technical committees; reimbursement of commission member expenses; solicitation of funds
To aid and advise the Oregon Heritage Commission in the performance of its functions, the commission may establish such advisory and technical committees as it considers necessary. These committees may be continuing or temporary. The commission shall determine the representation, membership, terms and organization of the committees and shall appoint their me…
358.595 Coordination of heritage activities; Oregon Heritage Plan; inventory of state cultural properties
The Oregon Heritage Commission is the primary agency for coordination of heritage activities and shall coordinate its activities with public and private organizations that express an interest in the heritage of Oregon. The commission shall: Prepare and adopt an Oregon Heritage Plan to coordinate the identification, curation, restoration and interpretation …
358.600 Periodic review of certain state archival agencies by commission; joint meetings with agencies
The Oregon Heritage Commission shall: Periodically review the authority, duties and mission of the commission, the State Archives, the State Library and the State Historical Records Advisory Board; Establish a schedule of semiannual joint meetings of representatives of the agencies listed in paragraph (a) of this subsection to define the duties of each age…
358.605 Legislative purpose
The Legislative Assembly declares that the cultural heritage of Oregon is one of the state’s most valuable and important assets, that the public has an interest in the preservation and management of all antiquities, historic and prehistoric ruins, sites, structures, objects, districts, buildings and similar places and things for their scientific and historic…
358.610 [1953 c.475 §1; renumbered 390.410]
358.612 Duties of State Historic Preservation Officer
The State Historic Preservation Officer: Shall conduct or cause to have conducted a comprehensive, statewide survey to identify districts, sites, buildings, structures and objects that are potentially significant in Oregon history, prehistory, architecture, archaeology and culture; Shall prepare and implement a comprehensive statewide historic preservation…
358.615 [1953 c.475 §2; 1955 c.547 §1; renumbered 390.420]
358.617 Rules
Pursuant to ORS chapter 183, the State Historic Preservation Officer shall adopt rules to carry out the duties and functions of the officer, including rules governing cultural resource management programs and grants-in-aid program categories.
358.620 [1953 c.475 §4; 1955 c.547 §2; renumbered 390.430]
358.622 State Advisory Committee on Historic Preservation
There is created a State Advisory Committee on Historic Preservation consisting of not more than nine members appointed by the Governor. At least one-half of the members shall be from among persons recognized as professionals in the areas of history, architectural history, architecture, archaeology, museum management or cultural or ethnic minorities. A repre…
358.625 [1953 c.475 §3; renumbered 390.440]
358.630 [1953 c.475 §5; renumbered 390.450]
PRESERVATION OF PROPERTY OF HISTORIC SIGNIFICANCE
358.635 Definitions for ORS 358.635 to 358.653
As used in ORS 358.635 to 358.653: “Historic artifacts” means three-dimensional objects including furnishings, art objects and items of personal property which have historic significance. “Historic artifacts” does not include paper, electronic media or other media that are classified as public records. “State agency” includes all officers, employees, agenc…
358.640 State-owned historic artifacts; catalog; recommendations to state agency; rules
The State Parks and Recreation Department, in consultation with the Oregon Heritage Commission, shall identify and catalog state-owned historic artifacts. The State Parks and Recreation Department shall make recommendations to any state agency or political subdivision that possesses any historic artifact relating to its retention, preservation, maintenance,…
358.645 Review of private property of historic significance
A private owner of any historic artifact believed to have state or national historic significance that the owner wishes to give to the state or to a political subdivision may request review of the significance of the property by the State Parks and Recreation Department.
358.647 Transfer of state-owned historic artifact
A person, other than the state or a person who has received written permission from the state, shall not sell, trade or otherwise transfer any state-owned historic artifact.
358.650 Acceptance of historic artifact as gift to state; custody; finders fees
Whenever a prospective donor of any historic artifact identified as historically significant pursuant to ORS 358.645 requires immediate acceptance of the property as a condition of a gift, the State Parks and Recreation Department may accept the gift on behalf of the state or political subdivision and may place the gift in the custody of a state agency or po…
358.653 Conservation program; leases
Any state agency or political subdivision responsible for real property of historic significance in consultation with the State Historic Preservation Officer shall institute a program to conserve the property and assure that such property shall not be inadvertently transferred, sold, demolished, substantially altered or allowed to deteriorate. State agencie…
358.655 [1979 c.205 §4; 1987 c.883 §1; 1989 c.743 §4; 1991 c.240 §5; repealed by 1995 c.428 §8]
358.660 [1989 c.112 §6; 1995 c.144 §2; repealed by 2003 c.18 §2]
HISTORIC PRESERVATION REVOLVING LOAN FUND
358.662 Definitions for ORS 358.662 to 358.678
As used in ORS 358.662 to 358.678: “Eligible costs” includes architectural, engineering, material and planning costs, rehabilitation and reconstruction costs, and construction expenses necessary to meet building code requirements. “Financial need” means the amount of moneys that must be obtained from a lender in order for the proposed project to be complet…
358.664 Historic Preservation Revolving Loan Fund
There is established in the State Treasury, separate and distinct from the General Fund, the Historic Preservation Revolving Loan Fund. Moneys in the Historic Preservation Revolving Loan Fund are continuously appropriated to the State Historic Preservation Officer for the following purposes: To provide loans to owners of historic property, as described in O…
358.666 Historic Preservation Revolving Loan Fund Review Committee
There is established the Historic Preservation Revolving Loan Fund Review Committee, consisting of three members appointed by the State Historic Preservation Officer and representing each of the following interests: The interests of the Housing and Community Services Department; The interests of the State Historic Preservation Officer; and The interests o…
358.668 Historic preservation loans; application and approval process
Any of the following persons may apply for a loan from the Historic Preservation Revolving Loan Fund: An owner of historic property. A city or county having jurisdiction over the historic property for which the application is being filed. A nonprofit corporation organized for the purpose of owning, managing or rehabilitating historic property. A business…
358.670 Loan contract terms and requirements
If a loan application is approved by the State Historic Preservation Officer under ORS 358.668, the borrower (and the owner of historic property if the owner is a person other than the borrower) must enter into a written loan contract with the State Historic Preservation Officer. Under the terms of the loan contract, the borrower (and the owner of historic p…
358.672 Lien created when historic preservation loan made; procedure; foreclosure
The State Historic Preservation Officer has a lien upon any historic property that is the subject of a rehabilitation funded in whole or part from a loan from the Historic Preservation Revolving Loan Fund for the entire amount of principal and interest on the loan. The lien created under this section shall attach as of the day the loan contract is entered i…
358.674 Types of property for which historic preservation loan may be made
A loan from the Historic Preservation Revolving Loan Fund may be made for the rehabilitation of a historic property that is classified and specially assessed as provided in ORS 358.480 to 358.545 or any other historic property.
358.676 Rules; fees
The State Historic Preservation Officer shall adopt rules: Establishing standards and guidelines for the rehabilitation of historic property. The standards and guidelines shall include, but need not be limited to, guidance on preservation, maintenance and rehabilitation of historic property, adequacy of rehabilitation plans and proposals, and eligible alter…
358.678 Annual report
The State Historic Preservation Officer, in consultation with the Historic Preservation Revolving Loan Fund Review Committee, shall report annually to the Governor and to the Legislative Assembly on the financial condition and operation of the Historic Preservation Revolving Loan Fund. OREGON PROPERTY MANAGEMENT PROGRAM FOR HISTORIC SITES AND PROPERTIES
358.680 Definitions for ORS 358.683 to 358.690
As used in ORS 358.683 to 358.690: “Director” means the State Parks and Recreation Director. “Committee” means the State Advisory Committee on Historic Preservation established in ORS 358.622. “Oregon Property Management Program” means the program established in ORS 358.683. “State Historic Preservation Officer” means the officer designated under ORS 358…
358.683 Oregon Property Management Program; rules
The State Parks and Recreation Director, with the advice of the State Advisory Committee on Historic Preservation shall formulate and implement an Oregon Property Management Program. The program shall include, but need not be limited to: Policies and plans for accepting and preserving historic sites and property in Oregon; Criteria for selecting sites and …
358.685 Duties of director
In addition to any other duties or powers provided by law, the State Parks and Recreation Director may, with the advice of the State Advisory Committee on Historic Preservation: Except as otherwise provided in ORS 358.650 (1), accept, from whatever source, appropriations, gifts or grants of money or other property for the preservation of significant histori…
358.687 Reports
The State Parks and Recreation Director shall report biennially to the Governor and to the Legislative Assembly on activities of the State Advisory Committee on Historic Preservation during the preceding biennium. The director shall make any additional reports required by the Governor or the Legislative Assembly. Reports required under subsection (1) of thi…
358.690 Oregon Property Management Account
The Oregon Property Management Account is established as a separate account in the State Parks and Recreation Department Fund. Except as otherwise provided by law, all moneys received by the State Advisory Committee on Historic Preservation under law shall be paid into the State Treasury and credited to the account. All moneys in the account and all income, …
358.710 [1965 c.572 §2; 1973 c.757 §9; 1981 c.165 §1; repealed by 2005 c.139 §3]
358.720 [1965 c.572 §3; 1981 c.165 §2; 1997 c.155 §1; repealed by 2005 c.139 §3]
358.730 [1965 c.572 §4; 1981 c.165 §3; 1983 c.324 §14; 1993 c.736 §51; 1995 c.362 §15; 1997 c.155 §2; 2005 c.139 §1; renumbered 358.583 in 2007]
358.740 [1965 c.572 §§5,10; 1981 c.165 §4; 1997 c.155 §3; repealed by 2005 c.139 §3]
358.750 [1965 c.572 §6; 1981 c.165 §5; 1983 c.324 §15; 1993 c.736 §52; 1997 c.155 §4; repealed by 2005 c.139 §3]
358.760 [1965 c.572 §7; 1981 c.165 §6; 1983 c.324 §16; 1993 c.736 §53; 1997 c.155 §5; repealed by 2005 c.139 §3]
358.770 [1965 c.572 §9; 1981 c.165 §7; renumbered 358.018 in 2005]
358.810 [Formerly 357.910; 1979 c.712 §2; repealed by 1981 c.126 §6]
LOCAL SYMPHONIES AND BANDS
358.820 Tax levy for municipal orchestras and band
Any city having a population of 250,000 or more may, when authorized as provided in ORS 358.840, levy each year a tax of not to exceed fifteen-hundredths of one mill on each dollar of assessed valuation of property subject to taxation by the city for the purpose of maintaining and employing one major symphony orchestra, one band and one junior symphony orche…
358.830 [Formerly 357.930; repealed by 1983 c.350 §230 (358.831 enacted in lieu of 358.830)]
358.831 Election to levy tax
This section establishes the procedure for submitting to election a tax levy for any of the purposes stated in ORS 358.820. The governing body of a city: May order the election on its own resolution; or Shall order the election when a petition is filed as provided in this section. A petition filed under this section shall request submission of the tax lev…
358.840 Action upon favorable vote
If a majority of the votes cast on the proposition at the election is in favor of the proposition, the city is authorized and required to levy a tax within the amount and for the purpose or purposes authorized.
358.850 Annulment of tax
The proposition of whether or not a tax levied for the purposes of ORS 358.820 shall be annulled may be submitted to the electors of the city in the same manner as provided for the levy of the tax in ORS 358.831. If a majority of the votes cast on the proposition is in favor of the proposition, no further levy for said purposes shall be made. OREGON STATE M…
358.880 Oregon State Museum of Natural History; activities; location; operation; state participation
There is established an Oregon State Museum of Natural History whose activities shall include, but not be limited to: Extending and improving public access to the state-owned natural history collections now stored at the University of Oregon and any other items or collection of items which shall be acquired; Educating the public regarding Oregon’s natural …
358.885 Lane County matching fund relationship
In relation to the Oregon State Museum of Natural History, the Department of Transportation is authorized to enter into a relationship with Lane County based upon local matching funds and efforts being available in fact. The Department of Transportation shall, in calculating the value of funds or other local efforts to be appropriated by Lane County, consid…
358.900 Oregon State Maritime Museum; functions; participation by Department of Transportation
Columbia River Maritime Museum, Incorporated, is designated the Oregon State Maritime Museum. The activities of the museum pertaining to its function as the Oregon State Maritime Museum may include, but are not limited to, the following: Extending and improving public access to state and privately owned maritime collections of historical, informational or t…
358.905 Definitions for ORS 358.905 to 358.961; interpretation
As used in ORS 192.005, 192.338, 192.345, 192.355, 358.905 to 358.961 and 390.235: “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 significanc…
358.910 Policy
The Legislative Assembly hereby declares that: Archaeological sites are acknowledged to be a finite, irreplaceable and nonrenewable cultural resource, and are an intrinsic part of the cultural heritage of the people of Oregon. As such, archaeological sites and their contents located on public land are under the stewardship of the people of Oregon to be prot…
358.915 Application
The provisions of ORS 192.005, 192.338, 192.345, 192.355, 273.990, 358.905 to 358.961 and 390.235 do not apply to a person who unintentionally discovers an archaeological object that has been exposed by the forces of nature on private property and retains the object for personal use, except for sacred objects, human remains, funerary objects or objects of cu…
358.920 Prohibited conduct; exception; penalty
A person may not excavate, injure, destroy or alter an archaeological site or object or remove an archaeological object located on public or private lands in Oregon unless that activity is authorized by a permit issued under ORS 390.235. Collection of an arrowhead from the surface of public or private land is permitted if collection can be accomplished with…
358.923 When collection may be held notwithstanding ORS 358.920 (3) and (4)
Notwithstanding the provisions of ORS 358.920 (3) and (4), any collection of objects described in those subsections may be held if the collection: Is kept within this state; Is curated under customary museum standards; and Is available for nondestructive study by museums and educational institutions located in this state. Note: 358.923 was enacted into l…
358.924 Objects held unlawfully considered contraband; seizure; procedure; disposition of seized objects
Archaeological objects, funerary objects, human remains, sacred objects and objects of cultural patrimony that are held in violation of the provisions of ORS 358.920 or 390.235 are contraband. A police officer shall seize all items declared to be contraband under the provisions of this section if the police officer has reasonable cause to believe the items a…
358.925 Seizure of instrumentalities and proceeds of certain violations; forfeiture; procedure
Violation of ORS 358.920 or 390.235 is prohibited conduct for the purposes of ORS chapter 131A. Proceeds and instrumentalities of a violation of ORS 358.920 or 390.235 may be seized and forfeited in the manner provided by ORS chapter 131A. An action for civil forfeiture under this section may be commenced by the Attorney General or by the district attorney f…
358.928 Alternative method for seizure and forfeiture of instrumentalities and proceeds of certain violations; procedure
All instrumentalities or proceeds from the violation of the provisions of ORS 358.920 to 358.955 or 390.235 are subject to civil forfeiture to the appropriate Indian tribe, as designated by the Commission on Indian Services. All forfeitures under this section shall be made with due provision for the rights of innocent persons. Property subject to forfeiture…
358.930 [1983 c.620 §5; 1993 c.459 §6; repealed by 2001 c.739 §10]
358.935 Forfeiture of seized objects in criminal prosecution
Any instrumentality or proceeds seized under the provisions of ORS 358.925 shall be preserved and retained. If any instrumentality or proceeds are not forfeited under ORS 358.925 or 358.928, at the time the court sentences the defendant in the criminal prosecution for violation of the archaeology laws the court may order that any instrumentality or proceeds …
358.937 Declination to prosecute certain violations; notice required; authority of Attorney General to prosecute; requirement to provide investigatory reports to Commission on Indian Services
If a district attorney of a county declines to prosecute a violation of ORS 358.920 or 390.235 for a reason other than insufficient admissible evidence, within 30 days of the declination the district attorney shall give written notice of the declination to the Attorney General. The notice must contain the reasons underlying the declination to prosecute. Upon…
358.940 Reinterment required; notice to appropriate Indian tribe or Commission on Indian Services
A person who disturbs native Indian remains or a funerary object at or associated with an archaeological site shall reinter at the person’s expense those remains or funerary objects under the supervision of an Indian tribe as provided in ORS 97.750. Any native Indian sacred object, object of cultural patrimony or native Indian funerary object shall be repor…
358.945 Notice required upon finding of object; exception
If a person who is conducting an archaeological investigation on public 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: The State Historic Preservation Officer; and Th…
358.950 When notice to Indian tribe required; report; penalty
Any person who conducts an archaeological excavation associated with a prehistoric or historic American Indian archaeological site shall notify the most appropriate Indian tribe. The notification shall include, but not be limited to: The location and schedule of the forthcoming excavation; A description of the nature of the investigation; and The expected…
358.953 Compensation to property owner deprived of lawful use of property; expense of removal
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. Notwithstanding any other provision of law, if human remains, funerary objects, sacred objects or objects of cult…
358.955 Civil enforcement
Any person or the Attorney General, on behalf of the state, may institute a civil proceeding against a person who violates the provisions of ORS 358.920, 358.945, 358.950 or 390.235. In the proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief in other civil cases, except that a showing of special…
358.958 Remedies not precluded
The application of one civil remedy under any provision of ORS 358.905 to 358.961 does not preclude the application of any other remedy under ORS 358.905 to 358.961 or under any other provision of statutory or common law.
358.961 Time limitations on actions or proceedings; tolling of statute
Notwithstanding any other provision of law, a criminal or civil action or proceeding for a violation of ORS 358.920 to 358.955 and 390.235 may be commenced at any time within five years after the conduct in violation of a provision of ORS 358.920 to 358.955 and 390.235 terminates or the cause of action accrues. If a criminal prosecution, civil action or othe…