Section 358.937 – Declination to prosecute certain violations; notice required; authority of Attorney General to prosecute; requirement to provide investigatory reports to Commission on Indian Services.
(1)(a) If a district attorney of a county declines to prosecute a violation of ORS 358.920 or 390.235 for a reason other than insufficient admissible evidence, within 30 days of the declination the district attorney shall give written notice of the declination to the Attorney General. The notice must contain the reasons underlying the declination […]
Section 359.110 – Gifts; Arts Program as custodian.
(1) The Arts Program of the Oregon Business Development Department may solicit and accept gifts, bequests or devises of money, securities or other property of whatever character to carry out the purposes of ORS 359.010 to 359.142. A restricted gift, bequest or devise shall not be accepted if such restriction would be contrary to the […]
Section 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 those remains or funerary objects under the supervision of an Indian tribe as provided in ORS 97.750. (2) Any native Indian sacred object, object of cultural patrimony or native Indian […]
Section 359.120 – Arts Trust Account.
There hereby is established an account separate and distinct from the General Fund to be known as the Arts Trust Account. Except for moneys received for the purposes of the Trust for Cultural Development Account, all moneys received by the Arts Program of the Oregon Business Development Department pursuant to ORS 359.100 and 359.110 shall […]
Section 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 the owner’s written permission finds a sacred object or object of cultural patrimony, the person conducting the archaeological investigation shall notify in writing: (a) The State Historic Preservation Officer; and […]
Section 359.130 – Powers not granted or transferred.
(1) The Arts Program of the Oregon Business Development Department shall not direct, supervise or control the policy, programs, personnel, curriculum or administration of any public or private agency, school, association or entity having to do with the arts. (2) Nothing in ORS 359.010 to 359.142 is intended to transfer from any other state agency […]
Section 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. The notification shall include, but not be limited to: (a) The location and schedule of the forthcoming excavation; (b) A description of the nature of the investigation; and (c) The […]
Section 359.135 – Administrator; appointment; salary; duties.
(1) The Director of the Oregon Business Development Department, upon consultation with and the approval of the Oregon Arts Commission, shall appoint the Administrator of the Arts Program who shall serve at the pleasure of the director. (2) The administrator shall receive such salary as may be provided by law or as fixed by the […]
Section 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 shall compensate the property owner for the loss in value under the procedures set forth in ORS chapter 35. (2) Notwithstanding any other provision of law, if human remains, funerary […]
Section 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 ORS 358.920, 358.945, 358.950 or 390.235. In the proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief in other civil cases, except […]