68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

SA to SB 1025

LC 3579

                      SENATE AMENDMENTS TO
                        SENATE BILL 1025

                    By COMMITTEE ON JUDICIARY

                             May 11

  In line 2 of the printed bill, after 'sites' insert '; amending
ORS 358.905 and 390.235'.
  Delete lines 4 through 6 and insert:
  '  { +  SECTION 1. + } ORS 358.905 is amended to read:
  ' 358.905. (1) As used in ORS 192.005, 192.501 to 192.505,
358.905 to 358.955 and 390.235:
  ' (a) 'Archaeological object' means an object that:
  ' (A) Is at least   { - 50 - }   { + 75 + } years old;
  ' (B)   { - Comprises - }   { + Is part of + } the physical
record of an indigenous or other culture found in the state or
waters of the state; and
  ' (C) Is material remains of past human life or activity that
are of archaeological significance including, but not limited to,
monuments, symbols, tools, facilities, technological by-products
and dietary by-products.
  ' (b) 'Site of archaeological significance' means:
  ' (A) Any archaeological site on, or eligible for inclusion on,
the National Register of Historic Places as determined in writing
by the State Historic Preservation Officer; or
  ' (B) Any archaeological site that has been determined
significant in writing by an Indian tribe.
  ' (c)(A) 'Archaeological site' means a geographic locality in
Oregon, including but not limited to submerged and submersible
lands and the bed of the sea within the state's jurisdiction,
that contains archaeological objects and the contextual
associations of the archaeological objects with:
  ' (i) Each other; or
  ' (ii) Biotic or geological remains or deposits.
  ' (B) Examples of archaeological sites described in
subparagraph (A) of this paragraph include but are not limited to
shipwrecks, lithic quarries, house pit villages, camps, burials,
lithic scatters, homesteads and townsites.
  ' (d) 'Indian tribe' has the meaning given that term in ORS
97.740.
  ' (e) 'Burial' means any natural or prepared physical location
whether originally below, on or above the surface of the earth,
into which, as a part of a death rite or death ceremony of a
culture, human remains were deposited.
  ' (f) 'Funerary objects' means any artifacts or objects that,
as part of a death rite or ceremony of a culture, are reasonably
believed to have been placed with individual human remains either
at the time of death or later.
  ' (g) 'Human remains' means the physical remains of a human
body, including, but not limited to, bones, teeth, hair, ashes or
mummified or otherwise preserved soft tissues of an individual.
  ' (h) 'Object of cultural patrimony':
  ' (A) Means an object having ongoing historical, traditional or
cultural importance central to the native Indian group or culture
itself, rather than property owned by an individual native
Indian, and which, therefore, cannot be alienated, appropriated
or conveyed by an individual regardless of whether or not the
individual is a member of the Indian tribe. The object shall have
been considered inalienable by the native Indian group at the
time the object was separated from such group.
  ' (B) Does not mean unassociated arrowheads, baskets or stone
tools or portions of arrowheads, baskets or stone tools.
  ' (i) 'Police officer' has the meaning given that term in ORS
181.610.
  ' (j) 'Public lands' means any lands owned by the State of
Oregon, a city, county, district or municipal or public
corporation in Oregon.
  ' (k) 'Sacred object' means an archaeological object or other
object that:
  ' (A) Is demonstrably revered by any ethnic group, religious
group or Indian tribe as holy;
  ' (B) Is used in connection with the religious or spiritual
service or worship of a deity or spirit power; or
  ' (C) Was or is needed by traditional native Indian religious
leaders for the practice of traditional native Indian religion.
  ' (L) 'State police' has the meaning given that term in ORS
181.010.
  ' (2) The terms set forth in subsection (1)(e), (f), (g), (h)
and (k) of this section shall be interpreted in the same manner
as similar terms interpreted pursuant to 25 U.S.C. 3001 et seq.
  '  { +  SECTION 2. + } ORS 390.235 is amended to read:
  ' 390.235. (1)(a) A person may not excavate or alter an
archaeological site on public lands, make an exploratory
excavation on public lands to determine the presence of an
archaeological site or remove from public lands any material of
an archaeological, historical, prehistorical or anthropological
nature without first obtaining a permit issued by the State Parks
and Recreation Department.
  ' (b) If a person who obtains a permit under this section
intends to curate or arrange for alternate curation of an
archaeological object that is uncovered during an archaeological
investigation, the person must submit evidence to the State
Historic Preservation Officer that the Oregon State Museum of
Anthropology and the appropriate Indian tribe have approved the
applicant's curatorial facilities.
  ' (c) No permit shall be effective without the approval of the
state agency or local governing body charged with management of
the public land on which the excavation is to be made, and
without the approval of the appropriate Indian tribe.
  ' (d) The State Parks and Recreation Director, with the advice
of the Oregon Indian tribes and Executive Officer of the
Commission on Indian Services, shall adopt rules governing the
issuance of permits.
  ' (e) Disputes under paragraphs (b) and (c) of this subsection
shall be resolved in accordance with ORS 390.240.
  ' (f) Before issuing a permit, the State Parks and Recreation
Director shall consult with:
  ' (A) The landowning or land managing agency; and
  ' (B) If the archaeological site in question is associated with
a prehistoric or historic native Indian culture:
  ' (i) The Commission on Indian Services; and
  ' (ii) The most appropriate Indian tribe.
  ' (2) The State Parks and Recreation Department may issue a
permit under subsection (1) of this section under the following
circumstances:
  ' (a) To a person conducting an excavation, examination or
gathering of such material for the benefit of a recognized
scientific or educational institution with a view to promoting
the knowledge of archaeology or anthropology;
  ' (b) To a qualified archaeologist to salvage such material
from unavoidable destruction; or

  ' (c) To a qualified archaeologist sponsored by a recognized
institution of higher learning, private firm or an Indian tribe
as defined in ORS 97.740.
  ' (3) Any archaeological materials, with the exception of
Indian human remains, funerary objects, sacred objects and
objects of cultural patrimony, recovered by a person granted a
permit under subsection (2) of this section shall be under the
stewardship of the State of Oregon to be curated by the Oregon
State Museum of Anthropology unless:
  ' (a) The Oregon State Museum of Anthropology with the approval
from the appropriate Indian tribe approves the alternate
curatorial facilities selected by the permittee;
  ' (b) The materials are made available for nondestructive
research by scholars; and
  ' (c)(A) The material is retained by a recognized scientific,
educational or Indian tribal institution for whose benefit a
permit was issued under subsection (2)(a) of this section;
  ' (B) The State Board of Higher Education with the concurrence
of the appropriate Indian tribe grants approval for material to
be curated by an educational facility other than the institution
that collected the material pursuant to a permit issued under
subsection (2)(a) of this section; or
  ' (C) The sponsoring institution or firm under subsection
(2)(c) of this section furnishes the Oregon State Museum of
Anthropology with a complete catalog of the material within six
months after the material is collected.
  ' (4) The Oregon State Museum of Anthropology shall have the
authority to transfer permanent possessory rights in subject
material to an appropriate Indian tribe.
   { +  ' (5) Except for sites containing human remains, funerary
objects and objects of cultural patrimony as defined in ORS
358.905, or objects associated with a prehistoric Indian tribal
culture, the permit required by subsection (1) of this section or
by ORS 358.920 shall not be required for forestry operations on
private lands for which notice has been filed with the State
Forester under ORS 527.670. + }
  '  { - (5) - }  { +  (6) + } As used in this section:
  ' (a) 'Private firm' means any legal entity that:
  ' (A) Has as a member of its staff a qualified archaeologist;
or
  ' (B) Contracts with a qualified archaeologist who acts as a
consultant to the entity and provides the entity with
archaeological expertise.
  ' (b) 'Qualified archaeologist' means a person who has the
following qualifications:
  ' (A) A post-graduate degree in archaeology, anthropology,
history, classics or other germane discipline with a
specialization in archaeology, or a documented equivalency of
such a degree;
  ' (B) Twelve weeks of supervised experience in basic
archaeological field research, including both survey and
excavation and four weeks of laboratory analysis or curating; and
  ' (C) Has designed and executed an archaeological study, as
evidenced by a Master of Arts or Master of Science thesis, or
report equivalent in scope and quality, dealing with
archaeological field research.'.
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