"Oregon trying to ban metal detecting.....IMPORTANT"

Oregon is trying to pass a bill that would ban metal detecting on private property, as well as artifact collecting without a permit. The only way to get the permit is if your have a masters in archeology. Please take a few seconds to sign the petetion, and possibly post this elsewhere that you think might help. I know a lot of you do not live in Oregon (myself included), but think of it this way........"Who's next?" Here is the post........
Say NO to State of Oregon Senate Bill 64

In summary... it would stop all Artifact Collecting, metal detecting and relic hunting in the Oregon State, not just on public land but on private land. It makes it illegal for even a landowner to pick up artifacts on his own property. Anything of cultural patrimony cannot be removed without a permit. To get the permit requires a Masters Degree in Archaeology or a related field. Even with the permit everything has to go either to the appropriate Indian tribe or to the State Anthropological Museum. There’s much more…. But suffice to say it would be the death knell for collecting in Oregon and a bitter blow to private museums that rely on these folks to give them artifacts. It would also put an extremely heavy load on the State Historic Preservation Office which is already shorthanded.

Say "NO" to State Of Oregon - Senate Bill 64

The bill may be viewed at:
http://www.leg.state.or.us/05reg/measures/...r/sb0064.a.html or http://www.leg.state.or.us/05reg/measures/...0064.intro.html

Please take 30 Seconds of your time to "Say No" and show your support. http://www.petitiononline.com/ORBill64/petition.html
If you support collectors rights, please forward this email to other artifact collectors to spread the word.
If you have a website: Provide a Link to the Petition... Show Your Support... Please!



Thanks,
Paul in WA

im 415 on this list. everyone should sign it. even if you dont care about what goes on in oregon!

# 604

Gotta wonder what they are really trying to accomplish with that nonsense.

# 652 better late than never, thats a load of horse dumplins right there!

I and seveal others have attempted to locate this Bill. All we can find is Senate Bill 64 and that was a bill written in 2005. If someone has info contrary to this for the year 2007 please send me the information at jerhobbs2@aol.com.

Jerry

After looking at the senate bill 64.

I noticed the 2005 date and decided some investigation was in order.

The petition is meaningless. About two years to late. The Oregon Legislature amended the ORS to include the changes listed in the senate bill in 2005.
The following is the actual wording as found in the 2005 ORS’s 358.945, 358.953 and 390.235:

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
(b) The appropriate ethnic group, religious group or Indian tribe with which the object is associated.
(2) If a sacred object or object of cultural patrimony is recovered on any land, the State Historic Preservation Officer shall assist the appropriate group to repossess the object.
(3) This section does not apply to the contents of an Indian cairn or burial regulated under ORS 97.740 to 97.760.
(4) Failure to notify the appropriate Indian tribe as required by subsection (1)(b) of this section is a Class B misdemeanor. [1983 c.620 §8; 1993 c.459 §8; 1995 c.543 §5; 1997 c.249 §116; 2001 c.104 §124]

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 objects, sacred objects or objects of cultural patrimony are removed from private property at a tribe's request, the tribe shall pay the expenses of removal and, at its expense, restore the private property to its condition prior to the removal. [1993 c.459 §18]

390.235 Permits and conditions for excavation or removal of archaeological or historical material; rules; criminal penalty. (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.
© 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 © 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
© 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
©(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
© The sponsoring institution or firm under subsection (2)© 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.
(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
© 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.
(7) Violation of the provisions of subsection (1)(a) of this section is a Class B misdemeanor. [Formerly 273.705; 1993 c.459 §12; 1995 c.543 §7; 1995 c.588 §2]

There you have it…. Even though the petition is to late, the summary of it is pretty much right on target.

Al Hansen
Golddredger9