ORS 226.640 Issuance of permit to restore, maintain and preserve abandoned cemetery; rules

The State Parks and Recreation Department may issue a permit to an entity to restore, maintain and preserve an abandoned cemetery.

An entity issued a permit under subsections (1) to (5) of this section may:

Restore, maintain and preserve the grounds of the abandoned cemetery;

Take custody, for the time during which the entity holds a valid permit, of documents relating to the abandoned cemetery for the purpose of restoration and preservation of those documents; and

Establish a fund to collect donations for the restoration, maintenance and preservation of the abandoned cemetery.

A permit issued under subsections (1) to (5) of this section does not authorize the permit holder to inter remains in the abandoned cemetery.

An entity that holds a permit issued under subsections (1) to (5) of this section is not liable:

For reasonable alterations made during restoration to memorials, roadways, walkways, plantings or other details or features of the abandoned cemetery.

To a person who claims burial rights, ancestral ownership or an unrecorded claim to the abandoned cemetery.

In contract or tort for personal injury, death or property damage that arises out of the use of the abandoned cemetery if the principal purpose for the use is for maintenance or visitation of the abandoned cemetery, or for similar activities. This paragraph does not limit the liability of an entity for intentional injury or damage.

The department shall revoke a permit issued under subsections (1) to (5) of this section if the entity dissolves or otherwise ceases to exist.

The department may adopt rules to carry out the provisions of subsections (1) to (5) of this section, including but not limited to:

Establishment of a permit application and issuance process;

Criteria to determine whether an entity is qualified to restore, maintain and preserve an abandoned cemetery;

A process through which the department may communicate with a municipal corporation regarding a permit issued to restore, maintain and preserve an abandoned cemetery located within the boundaries of the municipal corporation;

A method to determine whether an entity is dissolved or otherwise ceases to exist; and

Other rules necessary to carry out the provisions of subsections (1) to (5) of this section.