US Laws, Codes, Statutes & Cases

Chapter 358 — Museums; Historical Societies; Preservation of

Historical and Archaeological Properties and Objects;

Oregon Historic Families Database

 

2007 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

 

358.405     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

 

(Task Force on Historic Property)

 

(Temporary provisions relating to Task Force on Historic Property are compiled as notes preceding ORS 348.475)

 

(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; exclusion from participation; 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; rules

 

358.541     City or county authorization for second term 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

 

358.583     Purpose and duties of commission relating to museums

 

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

 

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]

 

      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]