ORS 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 results of the investigation.

After notifying the appropriate Indian tribe under subsection (1) of this section, the person conducting the archaeological excavation shall consult a representative of the tribe to establish a procedure for handling sacred objects recovered during the archaeological excavation.

A delegate from the appropriate Indian tribe may be present during the excavation.

If requested, the Commission on Indian Services shall assist a person in locating the appropriate Indian tribe.

At the conclusion of the investigation, the person conducting the excavation shall prepare and forward a copy of a report on excavation findings to the Commission on Indian Services and to the appropriate Indian tribe.

Failure to notify the appropriate Indian tribe as required by subsection (1) of this section is a Class B misdemeanor.