Oregon Code § 97.750·Enacted ·Last updated March 01, 2026
Statute Text
Permitted acts; notice.
(1) Any proposed excavation by a professional archaeologist of a native Indian
cairn or burial shall be initiated only after prior written notification to the
State Historic Preservation Officer and the state police, as defined in ORS
358.905, and with the prior written consent of the appropriate Indian tribe in
the vicinity of the intended action. Failure of a tribe to respond to a request
for permission within 30 days of its mailing shall be deemed consent. All
associated material objects, funerary objects and human remains removed during
such an excavation shall be reinterred at the archaeologists expense under the
supervision of the Indian tribe.
(2) In order to
determine the appropriate Indian tribe under this section and ORS 97.745, a
professional archaeologist or other person shall consult with the Commission on
Indian Services which shall designate the appropriate tribe. [1977 c.647 §3;
1979 c.420 §2; 1981 c.442 §5; 1993 c.459 §11]