Oregon Statutes - Chapter 358 - Museums; Historical Societies; Preservation of Historical and Archaeological Properties and Objects; Oregon Historic Families Database

358.005 [1961 c.160 §18; renumbered 357.805]
358.010 [Renumbered 357.815]
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...
358.018 Duties of Oregon Historical Society.
(1) The Oregon Historical Society shall advise the Department of Transportation on acquisition, development and operation of historic places. (2) The Department of Transportation shall...
358.020 [Renumbered 357.825]
358.030 [Amended by 1961 c.160 §20; renumbered 357.835]
358.035 Oregon Historic Families database; duties of State Archivist.
(1) The State Archivist shall establish the Oregon Historic Families database to provide genealogy research material and to encourage genealogy studies of historic families of...
358.040 [Renumbered 357.845]
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...
358.050 [Amended by 1961 c.160 §21; renumbered 357.855]
358.055 Oregon Trail; promotion as major tourist attraction.
The Economic and Community Development Department shall promote the Oregon Trail as a major tourist attraction in this state, consistent with maintaining the historical integrity...
358.057 Value and significance of state historic trails.
Oregon recognizes the value and significance of its historic trails, including: (1) The Lewis and Clark National Historic Trail; (2) The Oregon National Historic Trail;...
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358.110 [Repealed by 1981 c.126 §6]
358.120 [Repealed by 1981 c.126 §6]
358.130 [Repealed by 1981 c.126 §6]
358.140 [Repealed by 1981 c.126 §6]
358.150 [Repealed by 1981 c.126 §6]
358.160 [Repealed by 2005 c.22 §255]
358.170 [Amended by 1965 c.327 §1; repealed by 1983 c.350 §227 (358.171 enacted in lieu of 358.170)]
358.171 Election to establish county historical fund.
(1) This section establishes the procedure for determining whether a county historical fund should be created. The question shall be decided by election. The governing...
358.180 Tax levy for county historical fund; limitation.
(1) When authorized by the electors as set forth in ORS 358.171, the county court may levy, in addition to the taxes now permitted by...
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. [Amended by 2003 c.46
358.200 Annual estimate of 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...
358.210 Disbursement of county historical fund.
Upon the filing of the detailed estimate and approval thereof by the county court, all moneys in the county historical fund are subject to disbursal...
358.220 Annual report of expenditures.
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...
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...
358.310 Definitions for ORS 358.310 to 358.405.
As used in ORS 358.310 to 358.405, unless the context requires otherwise: (1) �Governing body� means the city council in relation to a city museum...
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: (1) Accept deeds, gifts, devises...
358.320 Museum commission.
(1) The governing body of a city may appoint a museum commission, which shall consist of seven members chosen with reference to their fitness for...
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...
358.330 Chairperson and secretary of commission; duties of commission regarding records, rules, reports and budgets.
A museum commission shall: (1) Elect a chairperson and secretary to serve until the next succeeding first Monday in January and until their successors are...
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...
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...
358.345 Authority of city to establish and operate public museum.
(1) Any city may establish, maintain and operate a public museum. (2) Any two or more cities may jointly establish, maintain and operate a public...
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...
358.360 Duties of museum commission respecting establishment of museum.
A museum commission shall: (1) Determine the kind and class of museum to be established and submit such determination to the governing body. (2) Investigate...
358.365 Duties of museum commission respecting operation of museum.
When a museum is established under ORS 358.345, a museum commission shall: (1) Maintain and operate the museum for and in the name 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...
358.375 Issuance of bonds to acquire museum site and structure.
(1) In the case of a city museum, and when authorized by the electors of the city voting at a primary election or general election,...
358.380 General bond law applicable to museum bonds.
The provisions of ORS chapter 287A apply to bonds issued under ORS 358.375. [1953 c.481 §17; 1983 c.260 §10; 2007 c.783 §160]
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...
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...
358.415 Definitions for ORS 358.420 to 358.440.
For the purposes of ORS 358.420 to 358.440: (1) �Loan,� �loaned� and �on loan� include all deposits of property with a museum that are not...
358.420 Status of property loaned to a museum; statute of limitations on recovery.
(1) No action shall be brought against a museum to recover property on loan to the museum when more than 25 years have passed from...
358.425 Notice of termination of loan; content.
(1) A museum may give notice of termination of a loan of property at any time if the property was loaned to the museum for...
358.430 Procedure for giving notice; responsibility of owner.
(1) To give notice of termination of a loan, the museum shall mail a notice to the lender at the most recent address of the...
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...
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. [1985...
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....
358.480 Definitions for ORS 358.480 to 358.545.
As used in ORS 358.480 to 358.545, unless the context requires otherwise: (1) �Governing body� means the city or county legislative body having jurisdiction over...
358.482 Additional definitions applicable to property first classified and assessed as historic on or after July 1, 1996.
(1) As used in ORS 358.480 to 358.545: (a) �Americans with Disabilities Act� means the Americans with Disabilities Act of 1990 (P.L. 101-336), as amended....
358.485 [1975 c.514 §3; 1983 c.720 §3; 1989 c.904 §54; 1995 c.693 §15; repealed by 2001 c.540 §25]
358.487 Application for classification and assessment as historic property; term of assessment; exclusion from participation; fee.
(1)(a) An owner of historic property desiring classification and special assessment under ORS 358.480 to 358.545 for the property may make application for the classification...
358.490 Review and approval of application by State Historic Preservation Officer; withdrawal.
(1) After an application is filed under ORS 358.487, the State Historic Preservation Officer shall review the application and may view the premises. After determining...
358.495 Notice of approval or disapproval; effect of approval; request for hearing; committee determination of final order.
(1) Immediately following approval or disapproval of an application under ORS 358.490, the State Historic Preservation Officer shall notify the county assessor, the governing body...
358.499 Limitations on classification and assessment as historic property.
(1) Property first classified and specially assessed as historic property for a tax year beginning on or before July 1, 1994, shall continue to be...
358.502 [1957 c.196 §1; repealed by 1957 c.196 §10]
358.504 [1957 c.196 §3; repealed by 1957 c.196 §10]
358.505 Determination of specially assessed value, maximum assessed value and assessed value of historic property; appeals; rules.
(1)(a) The county assessor shall, for the 15 consecutive tax years elected under ORS 358.480 to 358.545, list on the assessment and tax roll a...
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]
358.509 Review of continued qualification of property by State Historic Preservation Officer.
If the county assessor, local landmark commission or governing body has reason to believe that property classified as historic property is not being maintained, rehabilitated...
358.510 [Repealed by 1957 c.196 §2]
358.511 Historic Assessment Review Committee.
(1) There is established an Historic Assessment Review Committee consisting of three members appointed by the Governor. (2) The term of office of each member...
358.512 [1957 c.196 §6; repealed by 1957 c.196 §10]
358.514 [1957 c.196 §7; repealed by 1957 c.196 §10]
358.515 Loss of special assessment; effect of sale or transfer; notice to assessor when property ceases to qualify.
(1) When property has once been classified and assessed as historic property pursuant to application filed under ORS 358.480 to 358.545, it shall remain so...
358.516 [1957 c.196 §10; repealed by 1957 c.196 §10]
358.520 [Renumbered 390.220]
358.525 Imposition of additional taxes when property disqualified; exception.
(1) Except as provided in subsection (4) of this section, whenever property that has received special assessment as historic property under ORS 358.480 to 358.545...
358.526 Interest not imposed following disqualification under certain circumstances; requirements.
(1) Notwithstanding ORS 358.525, whenever property that has received special assessment as historic property under ORS 358.480 to 358.545 thereafter becomes disqualified for historic property...
358.528 Application to change classification as historic property; withdrawal permitted.
When any property has been classified and assessed as historic property under ORS 358.480 to 358.545 and the owner or other qualified person applies for...
358.530 [Repealed by 1959 c.242 §1]
358.535 Reports from owners; effect of failure to comply.
The State Historic Preservation Officer shall at all times be authorized to demand and receive reports from owners of property classified as historic property under...
358.540 Limitation on renewal of historic property assessment; exception; rules.
(1) Property classified as historic property under ORS 358.480 to 358.545 is entitled to any other exemption or special assessment provided by law. (2) Property...
358.541 City or county authorization for second term historic property.
(1) Residential or commercial property may not qualify for a second term of classification and special assessment as historic property under this section unless: (a)...
358.543 Effect of new construction on historic classification; request; effect of State Historic Preservation Officer approval; rules.
(1) Any additions made that are historically accurate reconstructions of once extant features or necessary for safety or access for persons with disabilities or required...
358.545 Rules of State Historic Preservation Officer.
The State Historic Preservation Officer shall adopt rules, pursuant to ORS chapter 183, with regard to the determination of entitlement of historic properties to the...
358.565 State Historic Preservation Officer.
(1) The Governor shall designate a State Historic Preservation Officer who shall serve at the pleasure of the Governor. In case of vacancy, the Governor...
358.570 Oregon Heritage Commission; establishment; terms of commission members.
(1) To assure the conservation and development of Oregon�s heritage there is established in the State Parks and Recreation Department the Oregon Heritage Commission consisting...
358.575 Commission membership.
(1) The voting members of the Oregon Heritage Commission shall be composed of representatives of heritage interests, including Indian tribes with federal recognition, that reflect...
358.580 Selection of chairperson; quorum; meetings.
(1) The Oregon Heritage Commission shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and...
358.583 Purpose and duties of commission relating to museums.
(1) As used in this section, �museum� means a public institution or private nonprofit Oregon corporation primarily devoted to the acquisition and public exhibition of...
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,...
358.590 Advisory and technical committees; reimbursement of commission member expenses; solicitation of funds.
(1) To aid and advise the Oregon Heritage Commission in the performance of its functions, the commission may establish such advisory and technical committees as...
358.595 Coordination of heritage activities; Oregon Heritage Plan; inventory of state cultural properties.
The Oregon Heritage Commission is designated the primary agency for coordination of heritage activities and shall coordinate its activities with public and private organizations that...
358.605 Legislative findings.
(1) 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...
358.610 [1953 c.475 §1; renumbered 390.410]
358.612 Duties of State Historic Preservation Officer.
The State Historic Preservation Officer: (1) Shall conduct or cause to have conducted a comprehensive, statewide survey to identify districts, sites, buildings, structures and objects...
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...
358.620 [1953 c.475 §4; 1955 c.547 §2; renumbered 390.430]
358.622 State Advisory Committee on Historic Preservation.
(1) 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...
358.625 [1953 c.475 §3; renumbered 390.440]
358.630 [1953 c.475 §5; renumbered 390.450]
358.635 Definitions for ORS 358.635 to 358.653.
As used in ORS 358.635 to 358.653: (1) �Historic artifacts� means three-dimensional objects including furnishings, art objects and items of personal property which have historic...
358.640 State-owned historic artifacts; catalog; recommendations to state agency; rules.
(1) The State Parks and Recreation Department, in consultation with the Oregon Heritage Commission, shall identify and catalog state-owned historic artifacts. (2) The State Parks...
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...
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...
358.650 Acceptance of historic artifact as gift to state; custody; finders fees.
(1) 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...
358.653 Conservation program; leases.
(1) Any state agency or political subdivision responsible for real property of historic significance in consultation with the State Historic Preservation Officer shall institute a...
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]
358.662 Definitions for ORS 358.662 to 358.678.
As used in ORS 358.662 to 358.678: (1) �Eligible costs� includes architectural, engineering, material and planning costs, rehabilitation and reconstruction costs, and construction expenses necessary...
358.664 Historic Preservation Revolving Loan Fund.
(1) There is established in the State Treasury, separate and distinct from the General Fund, the Historic Preservation Revolving Loan Fund. Moneys in the Historic...
358.666 Historic Preservation Revolving Loan Fund Review Committee.
(1) There is established the Historic Preservation Revolving Loan Fund Review Committee, consisting of three members appointed by the State Historic Preservation Officer and representing...
358.668 Historic preservation loans; application and approval process.
(1) Any of the following persons may apply for a loan from the Historic Preservation Revolving Loan Fund: (a) An owner of historic property. (b)...
358.670 Loan contract terms and requirements.
(1) 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...
358.672 Lien created when historic preservation loan made; procedure; foreclosure.
(1) The State Historic Preservation Officer has a lien upon any historic property that is the subject of a rehabilitation funded in whole or part...
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...
358.676 Rules; fees.
(1) The State Historic Preservation Officer shall adopt rules establishing standards and guidelines for the rehabilitation of historic property. The standards and guidelines shall include,...
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...
358.680 Definitions for ORS 358.683 to 358.690.
As used in ORS 358.683 to 358.690: (1) �Director� means the State Parks and Recreation Director. (2) �Committee� means the State Advisory Committee on Historic...
358.683 Oregon Property Management Program; rules.
(1) The State Parks and Recreation Director, with the advice of the State Advisory Committee on Historic Preservation shall formulate and implement an Oregon Property...
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...
358.687 Reports.
(1) The State Parks and Recreation Director shall report biennially to the Governor and to the Legislative Assembly on activities of the State Advisory Committee...
358.690 Oregon Property Management Account.
(1) The Oregon Property Management Account is established as a separate account in the State Parks and Recreation Department Fund. Except as otherwise provided by...
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]
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...
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.
(1) 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...
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...
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...
358.880 Oregon State Museum of Natural History; activities; location; operation; state participation.
(1) There is established an Oregon State Museum of Natural History whose activities shall include, but not be limited to: (a) Extending and improving public...
358.885 Lane County matching fund relationship.
(1) In relation to the Oregon State Museum of Natural History, the Department of Transportation is authorized to enter into a relationship with Lane County...
358.900 Oregon State Maritime Museum; functions; participation by Department of Transportation.
(1) Columbia River Maritime Museum, Incorporated, is designated the Oregon State Maritime Museum. The activities of the museum pertaining to its function as the Oregon...
358.905 Definitions for ORS 358.905 to 358.961; interpretation.
(1) As used in ORS 192.005, 192.501 to 192.505, 358.905 to 358.961 and 390.235: (a) �Archaeological object� means an object that: (A) Is at least...
358.910 Policy.
The Legislative Assembly hereby declares that: (1) Archaeological sites are acknowledged to be a finite, irreplaceable and nonrenewable cultural resource, and are an intrinsic part...
358.915 Application.
The provisions of ORS 192.005, 192.501 to 192.505, 273.990, 358.905 to 358.961 and 390.235 do not apply to a person who unintentionally discovers an archaeological...
358.920 Prohibited conduct; exception; penalty.
(1)(a) A person may not excavate, injure, destroy or alter an archaeological site or object or remove an archaeological object located on public or private...
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: (1) Is...
358.924 Objects held unlawfully considered contraband; seizure; procedure; disposition of seized objects.
(1) 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...
358.925 Seizure of instrumentalities and proceeds of certain violations; forfeiture; procedure.
(1) Violation of ORS 358.920 or 390.235 is prohibited conduct for the purposes of ORS chapter 475A. Proceeds and instrumentalities of a violation of ORS...
358.928 Alternative method for seizure and forfeiture of instrumentalities and proceeds of certain violations; procedure.
(1) 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...
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...
358.940 Reinterment required; notice to appropriate Indian tribe or Commission on Indian Services.
(1) 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...
358.945 Notice required upon finding of object; exception.
(1) 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...
358.950 When notice to Indian tribe required; report; penalty.
(1) Any person who conducts an archaeological excavation associated with a prehistoric or historic American Indian archaeological site shall notify the most appropriate Indian tribe....
358.953 Compensation to property owner deprived of lawful use of property; expense of removal.
(1) 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...
358.955 Civil enforcement.
(1) Any person or the Attorney General, on behalf of the state, may institute a civil proceeding against a person who violates the provisions of...
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...
358.961 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...

Last modified: August 7, 2008