Or. Admin. Code § 736-050-0230

Current through Register Vol. 63, No. 12, December 1, 2024

Section 736-050-0230 - State Advisory Committee on Historic Preservation: Definitions

The following definitions apply to OAR 736-050-0220 through OAR 736-050-0270:

(1) "Act" means the National Historic Preservation Act of 1966, as amended, (54 USC § 300101 et seq.) that establishes the federal historic preservation program.

(2) "Associate Deputy SHPO" means the Associate Deputy State Historic Preservation Officer who serves under the delegated authority of the Deputy State Historic Preservation Officer.

(3) "CLG" means Certified Local Government, which is a local government certified by the National Park Service under 36 CFR § 61.6 (2020) to carry out responsibilities under the Act and by the Oregon SHPO as meeting state requirements identified in the Oregon State Historic Preservation Office Certified Local Government Program Local Government Participation Procedures (2001), approved by the National Park Service.

(4) "Chief elected official" has the meaning provided in 36 CFR § 60.3(b) (2020).

(5) "Committee" means the State Advisory Committee on Historic Preservation appointed by the Governor as established in ORS 358.622. The committee is the "State Review Board" as that term is defined in 36 CFR § 60.3(o) (2020).

(6) "Criteria for evaluation" means the National Register criteria for evaluation described in 36 CFR § 60.4 (2020) by which the CLG, committee, SHPO, and the Keeper judge every property proposed for nomination to the National Register.

(7) "Deputy SHPO" means the Deputy State Historic Preservation Officer, who serves under the delegated authority of the State Historic Preservation Officer.

(8) "Determination of eligibility" has the meaning provided in 36 CFR § 60.3(c) (2020).

(9) "Historic property" means a building, district, object, site, or structure, as defined in 36 CFR § 60.3(a), (d), (j), (l), and (p) (2020) significant in American history, architecture, engineering, archeology, or culture at the national, state, or local level, and that is listed in the National Register or that the Keeper finds meets the criteria for evaluation for listing in the National Register under a determination of eligibility. This definition includes Traditional Cultural Properties as described in National Register Bulletin 38, "Guidelines for Documenting Traditional Cultural Properties" (1992) and Historic Properties of Religious and Cultural Significance to Indian Tribes as described in 36 CFR § 800.2(c)(2)(B)(ii) (2020) that meet the criteria for evaluation.

(10) "Keeper" has the meaning provided in 36 CFR § 60.3(f) (2020) for the Keeper of the National Register of Historic Places.

(11) "Local historic preservation commission" means an advisory or quasi-judicial body responsible for carrying out responsibilities under the Act on behalf of a CLG as described in 54 USC § 302503(a) and described as the "historic preservation review commission" in 36 CFR § 61.6(e)(2) (2020).

(12) "Major revision"

(a) means:

(A) A request to remove a historic property from the National Register;

(B) A request to physically relocate a still extant historic property;

(C) A National Register nomination form for a historic property is edited to increase or decrease the boundary;

(D) A National Register nomination form for a property not listed in the National Register is edited to increase the proposed boundary;

(E) A National Register nomination form is edited to add one or more National Register Criteria or Criteria Considerations;

(F) A National Register nomination form is revised or the committee recommends a revision(s) that the SHPO believes may determine whether the property is listed in the National Register or if a historic property will remain listed in the National Register as provided for in 36 CFR § 60.6(w) (2020); or

(G) Any combination of paragraphs (A), (B), (C), (D), (E), or (F).

(b) Does not mean:

(A) Adding a National Register Criteria or a Criteria Consideration when the SHPO or committee determine that the narrative portions of the National Register nomination form sufficiently justify the addition;

(B) The actions described in OAR 736-050-0250(19)(a)(A) to (E);

(C) A National Register nomination form for a property not listed in the National Register is edited to decrease the proposed boundary; or

(D) Any combination of paragraphs (A), (B), or (C).

(13) "National Register" means the National Register of Historic Places maintained by the United States Department of the Interior and administered by the National Park Service, which is the national list of historic properties significant in American history, architecture, archaeology, engineering, and culture.

(14) "National Register nomination form" has the meaning provided in 36 CFR § 60.3(i) (2020).

(15) "Oregon SHPO" means the Oregon State Historic Preservation Office, an office of the Oregon Parks and Recreation Department.

(16) "Owner"

(a) Means: "owner or owners" as defined in 36 CFR § 60.3(k) (2020), and means:

(A) A person possessing fee simple absolute or fee simple defeasible estate title to real property as shown in the property tax records of the county where the property is located, including, but not limited to, trusts, limited liability corporations, and any other legal entity that can hold fee simple absolute or fee simple defeasible title to real property within the State of Oregon;

(B) The purchaser under a land sale contract, if there is a recorded land sale contract in force for real property; or

(C) The settlor of a revocable trust, if the property is owned by the trustee of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner.

(b) Does not mean:

(A) Individuals, partnerships, corporations, or public agencies holding easements or less than fee interests (including leaseholds) of any nature; or

(B) The life tenant of a life estate.

(c) Means, for a building, structure, site, object, or historic district, as defined in 36 CFR § 60.3(a), (d), (j), (l), and (p) (2020), with multiple owners, a majority of the owners as defined in subsections (a) and (b).

(17) "Person" or "persons" means individuals, corporations, associations, firms, business trusts, estates, trusts, partnerships, limited liability companies, joint ventures, public and municipal organizations, joint stock companies, federal agencies, Tribes, state, local, and special government public bodies as defined in ORS 174.109, or any other entity legally established under federal, state, or local law.

(18) "Proponent" means the person that submits a National Register nomination form to the SHPO.

(19) "Public comment period" means the opportunity for a person to comment on the National Register nomination form submitted for review by the committee. The public comment period begins on the date the SHPO notifies the proponent, owner, CLG, chief elected official, and Tribes under OAR 736-050-0250(11)(a) and ends the day that the Keeper makes a final decision to list a historic property in the National Register.

(20) "SHPO" means the Director of the Oregon Parks and Recreation Department and the State Historic Preservation Officer as defined in ORS 358.565. The SHPO is the "State Historic Preservation Officer" as that term is defined in 36 CFR § 60.3(m) (2020).

(21) "Tribe" or "Tribes" means one or more of the nine federally-recognized Indian tribes in Oregon.

Or. Admin. Code § 736-050-0230

PR 8-1991, f. & cert. ef. 6-13-91; PR 9-1995, f. 10-12-95, cert. ef. 10-16-95; PRD 5-2002, f. & cert. ef. 4-10-02; PRD 7-2021, amend filed 06/25/2021, effective 6/25/2021

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 358.617

Statutes/Other Implemented: ORS 358.617