US Laws, Codes, Statutes & Cases

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

 

2005 EDITION

 

 

MUSEUMS; HISTORIC PRESERVATION

 

EDUCATION AND CULTURE

 

OREGON HISTORICAL SOCIETY

 

358.015     State policy to contribute to Oregon Historical Society

 

358.018     Duties of Oregon Historical Society

 

OREGON HISTORIC FAMILIES DATABASE

 

358.035     Oregon Historic Families database; duties of State Archivist

 

OREGON HISTORIC TRAILS

 

358.045     Oregon Trail; comprehensive program for development

 

358.055     Oregon Trail; promotion as major tourist attraction

 

358.057     Value and significance of state historic trails

 

COUNTY HISTORICAL FUND

 

358.171     Election to establish county historical fund

 

358.180     Tax levy for county historical fund; limitation

 

358.190     Historical fund not subject to Local Budget Law

 

358.200     Annual estimate of historical societies

 

358.210     Disbursement of county historical fund

 

358.220     Annual report of expenditures

 

358.230     Termination of tax levy for county historical fund

 

CITY MUSEUMS

 

358.310     Definitions for ORS 358.310 to 358.405

 

358.315     General authority of cities regarding public museums

 

358.320     Museum commission

 

358.325     Terms of commission members

 

358.330     Chairperson and secretary of commission; duties of commission regarding records, rules, reports and budgets

 

358.335     Vacancies on commission

 

358.340     Compensation of commission members

 

358.345     Authority of city to establish and operate public museum

 

358.355     Acquisition of site and structure for museum

 

358.360     Duties of museum commission respecting establishment of museum

 

358.365     Duties of museum commission respecting operation of museum

 

358.370     Payment of expense of museum operation

 

358.375     Issuance of bonds to acquire museum site and structure

 

358.380     General bond law applicable to museum bonds

 

358.385     Pledge of museum revenues for payment of museum bonds

 

358.390     Revenue bonds and pledges of revenue not general obligations of city

 

358.395     Mandatory provisions of revenue bonds

 

358.400     Permissive provisions of revenue bonds

 

358.405     Method of settling disagreement where joint action of cities required

 

LOANS TO MUSEUMS

 

358.415     Definitions for ORS 358.420 to 358.440

 

358.420     Status of property loaned to a museum; statute of limitations on recovery

 

358.425     Notice of termination of loan; content

 

358.430     Procedure for giving notice; responsibility of owner

 

358.435     Status of title to acquired property

 

358.440     Notice to lenders

 

HISTORIC PROPERTY

 

(Policy and Definitions)

 

358.475     Policy

 

358.480     Definitions for ORS 358.480 to 358.545

 

358.482     Additional definitions applicable to property first classified and assessed as historic on or after July 1, 1996

 

(Application)

 

358.487     Application for classification and assessment as historic property; term of assessment; fee

 

358.490     Review and approval of application by State Historic Preservation Officer; withdrawal

 

358.495     Notice of approval or disapproval; effect of approval; request for hearing; committee determination of final order

 

358.499     Limitations on classification and assessment as historic property

 

(Valuation)

 

358.505     Determination of specially assessed value, maximum assessed value and assessed value of historic property; appeals; rules

 

(Review)

 

358.509     Review of continued qualification of property by State Historic Preservation Officer

 

358.511     Historic Assessment Review Committee

 

(Disqualification)

 

358.515     Loss of special assessment; effect of sale or transfer; notice to assessor when property ceases to qualify

 

358.525     Imposition of additional taxes when property disqualified; exception

 

358.526     Interest not imposed following disqualification under certain circumstances; requirements

 

(Change of Classification)

 

358.528     Application to change classification as historic property; withdrawal permitted

 

(Owners' Reports)

 

358.535     Reports from owners; effect of failure to comply

 

(Renewal)

 

358.540     Limitation on renewal of historic property assessment; exception

 

358.541     City or county authorization for second term residential historic property

 

(New Construction)

 

358.543     Effect of new construction on historic classification; request; effect of State Historic Preservation Officer approval; rules

 

(State Historic Preservation Officer)

 

358.545     Rules of State Historic Preservation Officer

 

358.565     State Historic Preservation Officer

 

OREGON HERITAGE COMMISSION

 

358.570     Oregon Heritage Commission; establishment; terms of commission members

 

358.575     Commission membership

 

358.580     Selection of chairperson; quorum; meetings

 

358.585     Rules

 

358.590     Advisory and technical committees; reimbursement of commission member expenses; solicitation of funds

 

358.595     Coordination of heritage activities; Oregon Heritage Plan; inventory of state cultural properties

 

HISTORIC PRESERVATION PLAN

 

358.605     Legislative findings

 

358.612     Duties of State Historic Preservation Officer

 

358.617     Rules

 

358.622     State Advisory Committee on Historic Preservation

 

PRESERVATION OF PROPERTY OF HISTORIC SIGNIFICANCE

 

358.635     Definitions for ORS 358.635 to 358.653

 

358.640     State-owned historic artifacts; catalog; recommendations to state agency; rules

 

358.645     Review of private property of historic significance

 

358.647     Transfer of state-owned historic artifact

 

358.650     Acceptance of historic artifact as gift to state; custody; finders fees

 

358.653     Conservation program; leases

 

HISTORIC PRESERVATION REVOLVING LOAN FUND

 

358.662     Definitions for ORS 358.662 to 358.678

 

358.664     Historic Preservation Revolving Loan Fund

 

358.666     Historic Preservation Revolving Loan Fund Review Committee

 

358.668     Historic preservation loans; application and approval process

 

358.670     Loan contract terms and requirements

 

358.672     Lien created when historic preservation loan made; procedure; foreclosure

 

358.674     Types of property for which historic preservation loan may be made

 

358.676     Rules; fees

 

358.678     Annual report

 

OREGON PROPERTY MANAGEMENT PROGRAM FOR HISTORIC SITES AND

PROPERTIES

 

358.680     Definitions for ORS 358.683 to 358.690

 

358.683     Oregon Property Management Program; rules

 

358.685     Duties of director

 

358.687     Reports

 

358.690     Oregon Property Management Account

 

GRANTS FOR MUSEUMS

 

358.730     Purpose and duties of commission relating to museums

 

LOCAL SYMPHONIES AND BANDS

 

358.820     Tax levy for municipal orchestras and band

 

358.831     Election to levy tax

 

358.840     Action upon favorable vote

 

358.850     Annulment of tax

 

OREGON STATE MUSEUM OF NATURAL HISTORY

 

358.880     Oregon State Museum of Natural History; activities; location; operation; state participation

 

358.885     Lane County matching fund relationship

 

OREGON STATE MARITIME MUSEUM

 

358.900     Oregon State Maritime Museum; functions; participation by Department of Transportation

 

ARCHAEOLOGICAL OBJECTS AND SITES

 

358.905     Definitions for ORS 358.905 to 358.961; interpretation

 

358.910     Policy

 

358.915     Application

 

358.920     Prohibited conduct; exception; penalty

 

358.923     When collection may be held notwithstanding ORS 358.920 (3) and (4)

 

358.924     Objects held unlawfully considered contraband; seizure; procedure; disposition of seized objects

 

358.925     Seizure of instrumentalities and proceeds of certain violations; forfeiture; procedure

 

358.928     Alternative method for seizure and forfeiture of instrumentalities and proceeds of certain violations; procedure

 

358.935     Forfeiture of seized objects in criminal prosecution

 

358.940     Reinterment required; notice to appropriate Indian tribe or Commission on Indian Services

 

358.945     Notice required upon finding of object; exception

 

358.950     When notice to Indian tribe required; report; penalty

 

358.953     Compensation to property owner deprived of lawful use of property; expense of removal

 

358.955     Civil enforcement

 

358.958     Remedies not precluded

 

358.961     Time limitations on actions or proceedings; tolling of statute

 

      358.005 [1961 c.160 §18; renumbered 357.805]

 

      358.010 [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 in membership dues or a combination thereof. [1979 c.72 §2]

 

      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 consider the advice of the Oregon Historical Society, particularly advice regarding the designation of historic buildings, sites and other historic places. [Formerly 358.770]

 

      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. (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 Oregon.

      (2) 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 Historic Families in cooperation with the Oregon Historical Society, county historical societies and genealogical societies.

      (3) The Oregon Historic Families database shall be funded by federal grants from the National Endowment for the Humanities or other sources made available for purposes such as establishing the database. The State Archivist may submit applications for federal grants to establish the database.

      (4) As used in this section, "Oregon Historic Families" means individuals whose names appear in decennial census data prior to the census of 1910. [1989 c.685 §1]

 

      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:

      (1) Coordination of local, regional and national efforts to develop the Oregon Trail.

      (2) Encouragement of Oregon Trail recognition and interpretation in cities situated along the Oregon Trail.

      (3) Development of an integrated concept plan and economic feasibility study for Oregon Trail interpretive facilities across the state. [1989 c.1014 §2]

 

      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 of the Oregon Trail by:

      (1) Preparing and distributing maps, brochures and other promotional literature that publicize the historical, cultural and recreational opportunities available along the Oregon Trail.

      (2) Promoting the celebration of the 150th Anniversary of the Great Migration of 1843 on the Oregon Trail. [1989 c.1014 §3; 1993 c.736 §50]

 

      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;

      (3) The Applegate National Historic Trail;

      (4) The Nez Perce National Historic Trail;

      (5) Alternate routes of the Oregon Trail including:

      (a) The Whitman Mission Route;

      (b) The Upper Columbia River Route;

      (c) The Meek Cutoff;

      (d) The Free Emigrant Road; and

      (e) The Cutoff to the Barlow Road; and

      (6) Major historic trails of Oregon including:

      (a) The Klamath Trail;

      (b) The Jedediah Smith Route;

      (c) The Nathaniel Wyeth Route;

      (d) The Benjamin Bonneville Route;

      (e) The Ewing Young Route;

      (f) The John Fremont Route; and

      (g) The Santiam Wagon Road. [1995 c.479 §1]

 

      Note: Section 2, chapter 479, Oregon Laws 1995, provides:

      Sec. 2. In preparation for the bicentennial celebration of the Lewis and Clark Corps of Discovery expedition, the State Parks and Recreation Department may:

      (1) Work with property owners to mark the historic trails of Oregon; and

      (2) Cooperate with the Oregon Trail Coordinating Council to develop a statewide program to research, recognize and promote Oregon's historic trails as heritage tourism resources that will have a positive economic and cultural impact on the state. [1995 c.479 §2]

 

      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]

 

COUNTY HISTORICAL FUND

 

      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 body of a county:

      (a) May order the election on its own resolution; or

      (b) Shall order the election when a petition is filed as provided in this section.

      (2) An election under this section shall determine:

      (a) Whether a county historical fund should be created; and

      (b) The amount of taxes to be levied annually for the fund.

      (3) The resolution or the petition calling an election under this section shall designate the amount of taxes to be levied annually for the county historical fund.

      (4) The requirements for preparing, circulating and filing a petition calling an election under this section shall be as provided for an initiative petition in ORS 250.165 to 250.235.

      (5) Notwithstanding subsection (4) of this section, if ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a county, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the county charter or an ordinance adopted under the county charter.

      (6) The notice, time and manner of election shall be governed by the applicable provisions of ORS chapters 246 to 260.

      (7) An election under this section may be held only on the date of a statewide general election. [1983 c.350 §228 (enacted in lieu of 358.170); 1995 c.79 §198; 1999 c.21 §71]

 

      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 law to be levied, an ad valorem tax upon the taxable property in the county for the purpose of creating a county historical fund.

      (2) The levy shall be a continuing levy in the amount required by the detailed estimates annually filed with the county court under ORS 358.200 less any amount carried forward from the preceding year excepting reserve funds previously set aside and approved by the county court, but not exceeding one-fortieth of one percent (0.00025) or such part thereof as is authorized by the electors of the county, of the real market value of all taxable property within the county, computed in accordance with ORS 308.207. [Amended by 1963 c.9 §17; 1977 c.325 §1; 1991 c.459 §323]

 

      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 §50]

 

      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 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 personal property of historical interest, records, material and data for the purpose of which the fund was created, and the acquisition by gift, purchase, or other means, of real and personal property for use in connection with any of those purposes, may, on or before March 1 of each year, file with the county court of such county a detailed estimate of the money required during the year commencing the following July 1 for such purposes. [Amended by 1977 c.325 §2]

 

      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 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 358.200 and included in the detailed estimate.

 

      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 submit a report in writing to the county court showing in detail how such moneys have been expended during the preceding fiscal year ending June 30. [Amended by 1977 c.325 §3]

 

      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:

      (1) "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.

      (2) "Museum" includes any collection of archaeological specimens, artifacts, pioneer relics, articles, documents and other things of historical, scientific or artistic import assembled, displayed, preserved and protected for the benefit of the public, for educational and scientific purposes or to commemorate the occupation and development of the Pacific Northwest region, and the structure or structures housing such collection.

      (3) "Museum objects" includes any of the objects described in subsection (2) of this section. [1953 c.481 §1; 1973 c.757 §1; 1983 c.260 §3]

 

      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 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 or bequest is conditioned upon any act of the city or the museum commission, the governing body of the city shall determine prior to acceptance whether the condition may be complied with.

      (2) Accept in the name of the city, and thereafter hold as public property, museum objects given for museum purposes by any person, historical society, association or other organization.

      (3) Purchase, collect, exchange for or otherwise acquire museum objects in the name of the city, and thereafter hold or dispose of the same as public property.

      (4) Receive in the name of the city museum objects loaned for display, holding them in accordance with the terms of the loan agreement and displaying them for the benefit of the public and for educational and scientific purposes.

      (5) Enter into all necessary contracts or agreements for services, assistance or cooperation with the federal government or any of its agencies, with the State of Oregon or any of its educational institutions or agencies, with any political subdivision of this state, with any person, including nonprofit educational or foreign corporations, or with educational and scientific foundations. [1953 c.481 §2; 1973 c.757 §2; 1983 c.260 §4]

 

      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 the position.

      (2) 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 the members of a joint city museum commission shall be residents of the city in which the museum is or is to be located and three of the members shall be residents of the other city or cities. [1953 c.481 §6; 1957 c.200 §1; 1969 c.693 §2; 1973 c.72 §1; 1973 c.757 §3; 1983 c.260 §5]

 

      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 are appointed and qualified. [1953 c.481 §7]

 

      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 elected. The secretary shall keep permanent and complete records of the proceedings of the museum commission.

      (2) Adopt rules governing the transaction of its business.

      (3) Prepare and submit an annual budget and an annual report to the governing body. [1953 c.481 §10]

 

      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. [1953 c.481 §8]

 

      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. [1953 c.481 §9]

 

      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 museum. [1953 c.481 §3; 1957 c.200 §2; 1973 c.757 §4; 1983 c.260 §6]

 

      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:

      (1) Acquire a site or sites for the museum.

      (2) 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.

      (3) Use public sites or structures or both for museum purposes. [1953 c.481 §5; 1973 c.757 §5; 1983 c.260 §7]

 

      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 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.

      (3) Subject to approval by the governing body, arrange for the design of the museum and the preparation of plans therefor.

      (4) Investigate and make determinations with regard to such other preliminary matters in connection with a public museum as are deemed necessary or desirable, and submit its proposals relating thereto to the governing body.

      (5) When the establishment of a museum is authorized under ORS 358.345, and upon authorization by the governing body, prepare bids and advertise for bids for the construction of the proposed museum. [1953 c.481 §11]

 

      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 city or two or more cities.

      (2) 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 museum objects in the museum.

      (3) In conformity with its rules and ORS 358.310 to 358.405, act as administrator of all museum objects in the museum.

      (4) Establish maintenance and operating policies sufficient to keep the museum presentable and in a proper state of repair.

      (5) Subject to the approval of the governing body, advertise the museum in an appropriate manner.

      (6) Compile, print and sell or distribute free of charge historical, educational, scientific and artistic literature.

      (7) Subject to the approval of the governing body, employ necessary employees and fix their compensation.

      (8) Prescribe and publish a charge or charges which may be made for admission to the museum.

      (9) Collect all admission charges and other museum revenue, and pay such charges and other revenue into the treasury of the city or two or more cities, to be deposited to a separate account and disbursed by the museum commission as directed by the governing body. [1953 c.481 §§12,13; 1973 c.757 §6; 1983 c.260 §8]

 

      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. [1953 c.481 §14]

 

      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, 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.

      (2) In the case of a joint city museum, and when authorized by the electors of the two or more cities voting at a primary election or general election, each city council of the two or more respective cities may issue general obligation bonds or revenue bonds of each of the two or more respective cities for the purpose of providing such portion of the funds necessary to acquire a museum site or sites and to construct the museum as is determined by the governing body. [1953 c.481 §§15,16; 1973 c.757 §7; 1983 c.260 §9; 1983 c.350 §§229,229a; 1987 c.267 §78; 1995 c.712 §109]

 

      358.380 General bond law applicable to museum bonds. The provisions of general law, including issuance procedures, relating to bond issues of cities shall apply to bonds issued under ORS 358.375. [1953 c.481 §17; 1983 c.260 §10]

 

      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. [1953 c.481 §18]

 

      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. [1953 c.481 §19; 1983 c.260 §11]

 

      358.395 Mandatory provisions of revenue bonds. Revenue bonds issued under ORS 358.375 shall:

      (1) Be in such denominations, mature at such times and bear such annual interest rate as the issuing body determines.

      (2) Provide for the semiannual payment of interest.

      (3) Contain a recital that the bonds and interest thereon are payable only from revenues resulting from museum operation and activities.

      (4) Contain a recital that the bonds and interest thereon shall not constitute a general obligation of the issuing authority.

      (5) Be in such form and be signed by such official or officials as the issuing body determines. [1953 c.481 §20]

 

      358.400 Permissive provisions of revenue bonds. Revenue bonds issued under ORS 358.375 may:

      (1) Have interest coupons attached, which coupons need only bear the facsimile signature of the official or officials designated to sign the coupons.

      (2) Contain such other terms and conditions as the issuing body determines. [1953 c.481 §21]

 

      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 arbitrate and decide the matter. [1953 c.481 §22; 1973 c.757 §8; 1983 c.260 §12]

 

LOANS TO MUSEUMS

 

      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 accompanied by a transfer of title to the property.

      (2) "Museum" means an institution located in Oregon that:

      (a) Is primarily educational, scientific or aesthetic in purpose;

      (b) Owns, borrows or cares for, and studies, archives or exhibits property; and

      (c) Is operated by a nonprofit corporation or public agency.

      (3) "Property" includes all tangible objects, animate and inanimate, under a museum's care that have intrinsic value to science, history, art or culture, except that it does not include botanical or zoological specimens loaned to a museum for scientific research purposes. [1985 c.580 §1; 2005 c.22 §256]

 

      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 the date of the last written contact between the lender and the museum.

      (2) 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 museum gave notice of termination of the loan as provided in ORS 358.425 and 358.430.

      (3) Property on loan to a museum shall not escheat to the state under ORS 112.055, but shall pass to the museum if no person takes under ORS 112.025 to 112.045. [1985 c.580 §2]

 

      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 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.

      (2) Notices given under this section shall contain:

      (a) The name and address, if known, of the lender;

      (b) The date of the loan;

      (c) The name, address and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan; and

      (d) Any other information deemed necessary by the museum. [1985 c.580 §3]

 

      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 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 mailed, the museum shall publish notice at least once a week for three consecutive weeks in a newspaper of general circulation in both the county in which the museum is located and the county of the lender's address, if any.

      (2) For the purposes of this section, if the loan of property was made to a branch of a museum, the museum is located in the county where the branch is located. Otherwise, the museum is located in the county in which it has its principal place of business.

      (3) It is the responsibility of the owner of property on loan to a museum to notify the museum promptly in writing of any change of address or change in ownership of the property. [1985 c.580 §4]

 

      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. [1985 c.580 §5]

 

      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 c.580 §6]

 

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 significant portions of the built environment contain the visual and intellectual record of our irreplaceable cultural heritage. They link us with our past traditions and values, establish standards and perspectives for measuring our present achievements and set goals for future accomplishments. To the extent that Oregon's historic preservation incentive programs encourage the preservation and appropriate rehabilitation of significant historical property, the programs create a positive partnership between the public good and private property that promotes economic development; tourism; energy and resource conservation; neighborhood, downtown and rural revitalization; efficient use of public infrastructure; and civic pride in our shared historical and cultural foundations. [1975 c.514 §1; 1995 c.5 §1; 2001 c.540 §1]

 

      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 the property for which a limited assessment may be applied for under ORS 358.480 to 358.545.

      (2) "Historic property" means real property that:

      (a) Is currently listed in the National Register of Historic Places established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665) or, if the National Register of Historic Places ceases accepting nominations, that is approved for listing on an Oregon register of historic places;

      (b) Is open to the public for sight-seeing at least one day in each calendar year in accordance with rules adopted by the State Historic Preservation Officer; and

      (c) Meets the minimum standards of maintenance established by rule of the State Historic Preservation Officer.

      (3) "Maintenance" means action taken to mitigate wear and deterioration of a historic property without altering the historic character of the property, including action taken to protect and repair the condition of the property with the least possible impact on the historic character of the property.

      (4) "Owner" includes a purchaser under a recorded instrument of sale.

      (5) "Preservation":

      (a) Means the act or process of applying measures necessary to sustain the existing form, integrity and materials of a historic property, including but not limited to the ongoing maintenance and repair of historic materials.

      (b) Does not include the extensive replacement of historic materials or new construction.

      (6) "Rehabilitation" means the process of repairing or altering a historic property in order to return the property to a state of utility in which an efficient contemporary use is possible, while preserving those portions and features of the property that are significant to the historic, architectural and cultural values of the property. [1975 c.514 §2; 1983 c.720 §1; 2001 c.540 §2]

 

      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.

      (b) "Commercial property" means real property used in a trade or business or held for the production of income, including multifamily residential rental property.

      (c) "Preservation plan" means a written preservation, maintenance and rehabilitation proposal submitted by the owner with the application for classification and special assessment as historic property that has been approved by the State Historic Preservation Officer, or as amended and reapproved by the State Historic Preservation Officer, and that is in compliance with standards and guidelines for rehabilitation and rules adopted by the State Historic Preservation Officer.

      (d) "Renovation plan" means a written proposal submitted by an owner of commercial property in connection with a reapplication for special assessment pursuant to ORS 358.540 (3) that is in compliance with rules adopted by the State Historic Preservation Officer for the submission and content of renovation plans.

      (e) "Review committee" means the Historic Assessment Review Committee established under ORS 358.511.

      (f) "Seismic improvement" means construction or other measures that improve the seismic performance or structural stability of property, or that reduce the potential for heavy structural damage to property in the event of an earthquake.

      (g) "Standards and guidelines for rehabilitation" means the standards and guidelines, based on those developed by the United States Secretary of the Interior, adopted by the State Historic Preservation Officer to determine sufficiency of preservation plans, maintenance, alteration and construction for a specific property.

      (2) Except as otherwise specifically provided, the definitions contained in this section apply to property first classified and assessed as historic property on or after July 1, 1996. [1995 c.693 §2; 2001 c.540 §3]

 

      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 assessment as historic property; term of assessment; 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 and special assessment to the State Historic Preservation Officer on forms approved by the State Historic Preservation Officer. The forms shall include or be accompanied by the written consent of the owner to the viewing of the property by the State Historic Preservation Officer. Any application made under this subsection shall include a preservation plan and be sent by the State Historic Preservation Officer to the appropriate county assessor, local landmark commission and governing body. An application must be made during the calendar year preceding the first property tax year for which classification and special assessment as historic property is desired.

      (b) Classification and special assessment pursuant to an application made under this subsection shall be granted only for 15 consecutive property tax years, commencing in the tax year beginning on the July 1 following the calendar year in which the application was made.

      (2)(a) An owner may make preliminary application for classification of property as historic upon approval by the State Advisory Committee on Historic Preservation of the nomination of the property for listing on the National Register of Historic Places or, if the National Register of Historic Places ceases accepting nominations, the nomination of the property for listing on an Oregon register of historic places.

      (b) The preliminary application shall be considered an application made or received for purposes of subsection (1) of this section if, by September 15 of the year for which classification and special assessment are first sought, the property is:

      (A) Listed in the National Register of Historic Places; or

      (B) If the National Register of Historic Places ceases accepting nominations, approved for listing on an Oregon register of historic places.

      (c) If the requirements of paragraph (b) of this subsection are not satisfied, the preliminary application may not be considered an application made for purposes of subsection (1) of this section until the calendar year in which, as of September 15, the property is listed as described in paragraph (b) of this subsection.

      (3) Immediately upon receipt of a copy of the application under subsection (1) of this section, the county assessor shall review the application for accuracy and completeness of description and other matters within the expertise of the county assessor and shall make recommendations regarding the classification to the State Historic Preservation Officer.

      (4) Immediately upon receipt of a copy of the application under subsection (1) of this section, the governing body shall review the application for matters relating to public benefit and shall make recommendations regarding the classification to the State Historic Preservation Officer.

      (5) By making application for classification and assessment under this section, the owner consents that the State Historic Preservation Officer has access to the property for inspection at reasonable times to ensure that the terms of the national register or other federal or state laws or requirements are being met.

      (6) The application for classification and assessment under ORS 358.480 to 358.545 may not be processed unless accompanied by a nonrefundable fee of one-third of one percent of the real market value of the property, as of the assessment date, for the year in which application is made. The fee shall be deposited in the State Parks and Recreation Department Fund for use by the State Parks and Recreation Director or for transfer to the Oregon Property Management Account established under ORS 358.680 to 358.690, upon the advice of the State Advisory Committee on Historic Preservation. [1995 c.693 §3; 1997 c.541 §427; 2001 c.540 §4; 2005 c.22 §257]

 

      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 that the application is complete, the State Historic Preservation Officer shall approve, approve with conditions or deny the application. The State Historic Preservation Officer may not disapprove the application solely because of the potential loss of revenue that may result from granting the application.

      (2) During the review process of each application, the State Historic Preservation Officer shall consider the county assessor's and governing body's recommendations submitted under ORS 358.487 (3) and (4).

      (3) The State Historic Preservation Officer may approve the application with respect to only part of the property that is the subject of the application. However, if any part of the application is denied, the applicant may withdraw the application.

      (4) A preservation plan that has been approved by the State Historic Preservation Officer may be amended from time to time, either at the request of the owner or at the request of the State Historic Preservation Officer. The amendments may be approved, approved in part or disapproved by the State Historic Preservation Officer. To the extent the amendments are approved, amendments shall become part of the preservation plan that must be carried out in order that the property not be disqualified as historic property. [1975 c.514 §4; 1983 c.720 §4; 1995 c.5 §7; 1995 c.693 §4; 2001 c.540 §5]

 

      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 and the applicant which shall in no event be later than September 15 of the tax year for which classification and special assessment are first desired. In no event later than September 15 of the year for which classification and special assessment are desired, the State Historic Preservation Officer shall cause a copy of the preservation plan approved under ORS 358.490 to be delivered or mailed to the county assessor and the governing body. An application not denied on or before September 15 shall be deemed approved, and the property that is the subject of the application shall be considered to be historic property that qualifies under ORS 358.480 to 358.545.

      (2) If the State Historic Preservation Officer determines that the historic property qualifies under ORS 358.480 to 358.545, the State Historic Preservation Officer shall certify that fact in writing and shall file a copy of the certificate with the county assessor and the governing body. The certificate shall state the facts upon which the approval was based and list any condition on which approval is based. The county assessor, as to any historic property, shall assess on the basis provided in ORS 358.505, and each year the historic property is classified and so assessed shall also enter on the assessment and tax roll that the property is being specially assessed as historic property and is subject to potential additional taxes as provided in ORS 358.525 by adding the notation "historic property (potential additional tax)."

      (3) If the State Historic Preservation Officer determines that the property does not qualify for classification and assessment under ORS 358.480 to 358.545, the State Historic Preservation Officer shall give written notice of the denial to the applicant. The notice shall state the reasons for the denial.

      (4)(a) Any owner, governing body or county assessor affected by a determination of the State Historic Preservation Officer made under ORS 358.480 to 358.545 may request a contested case hearing according to the provisions of ORS chapter 183.

      (b) After a contested case hearing has been held, the administrative law judge shall present the proposed order to the Historic Assessment Review Committee. The review committee shall determine the final order in the case. [1975 c.514 §5; 1983 c.720 §5; 1995 c.5 §8; 1995 c.693 §5; 1997 c.541 §428; 2001 c.540 §6; 2003 c.75 §87]