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Proposed OPRD Rules

Oregon Parks and Recreation Department, in accordance with the state's established rulemaking process, develops and maintains Chapter 736 of the Oregon Administrative Rules (OARs). All agency rulemaking notices are published on the first of each month by the Secretary of State in the Oregon Bulletin. The Oregon Parks and Recreation Commission must authorize the agency to proceed with rulemaking before rulemaking notices can be filed with the Secretary of State and rules opened for public comment. Once the public comment period has closed, the agency prepares the final rules text and submits to the commission for consideration and approval of final text prior to permanent adoption.

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Rulemaking Open for Public Comment

There is no open rulemaking at this time.

Closed Rulemaking

‚ÄčProposal for National Register Rulemaking

The Oregon Parks and Recreation Department (OPRD) proposes revising the state rules for the administration of the federal National Register of Historic Places program in Oregon. The program lists buildings, districts, and other sites important to local, state, or national history.  The National Register of Historic Places program is run by the National Park Service and administered locally by the Oregon State Historic Preservation Office, an office of the Oregon State Parks and Recreation Department (OPRD).

Public Comment: Opened July 1, 2020. Closed October 15, 2020, 5 PM

The Oregon Administrative Rules (OAR) proposed for revision include:

Amend:

  • OAR 736-050-0220, State Advisory Committee on Historic Preservation: Federal Requirements
  • OAR 736-050-0230, State Advisory Committee on Historic Preservation: Definitions
  • OAR 736-050-0240, State Advisory Committee on Historic Preservation: Organization and Duties
  • OAR 736-050-0250, State Advisory Committee on Historic Preservation: Staff Activities Relating to the National Register Program
  • OAR 736-050-0260, State Advisory Committee on Historic Preservation: Committee Procedures for Review and Approval of Nominations to the National Register

Adopt:

  • OAR 736-050-0270, State Advisory Committee on Historic Preservation: Incorporation of Publications by Reference and Effective Date of Rule

Public Hearing:

Public hearings were held on the followings dates:
  • Tuesday, August 18, 10-11:30 AM
  • Tuesday, July 28, 7 PM
  • Thursday, July 23, 2 PM and 7 PM

Watch or listen to the public hearings oral testimony

See Commission presentation on rulemaking opening

See the full proposed new rules and filing documents

See the clean copy of the proposed rules

See first press release and additional press release

Comments can be made below or in writing to Oregon Parks and Recreation Department, Attn.: Katie Gauthier, 725 Summer St NE, Suite C, Salem OR  97301; or through e-mail to OPRD.publiccomment@oregon.gov

See comments received between July 1, 2020 and October 15, 2020

Proposal for revising state rules for the National Register of Historic Places in Oregon

The Oregon Parks and Recreation Department (OPRD) proposes revising the state rules for the administration of the federal National Register of Historic Places program in Oregon.

The Oregon Administrative Rules (OAR) proposed for revision include:

  • OAR 736-050-0220, State Advisory Committee on Historic Preservation: Federal Requirements
  • OAR 736-050-0230, State Advisory Committee on Historic Preservation: Definitions
  • OAR 736-050-0240, State Advisory Committee on Historic Preservation: Organization and Duties
  • OAR 736-050-0250, State Advisory Committee on Historic Preservation: Staff Activities Relating to the National Register Program
  • OAR 736-050-0260, State Advisory Committee on Historic Preservation: Committee
  • Procedures for Review and Approval of Nominations to the National Register

OPRD assembled a Rule Advisory Committee (RAC) to provide recommendations on a draft rule written by staff. Staff intend to present the draft rule to the Oregon Parks and Recreation Department Commission and request that the Commission grant permission to begin the public rulemaking process.

The RAC is a citizen group appointed by staff who serve in an advisory capacity. Representatives include those from tribal, state, county, and local government, preservation and natural resource organizations, professionals, and private citizens with a demonstrated interest in the program. RAC meetings are open to the public.

Topics that will be considered include counting owners and objections; how tribal governments, state agencies, and local jurisdictions participate in the nomination process; administrative functions, such as staff duties and public notice and hearing procedures; and under what circumstances nominations may be exempt from public disclosure to protect culturally-sensitive information, among other issues.

The proposed revision addresses issues raised during a handful of controversial nomination projects. These include the nomination of portions of the Pilot Butte Canal, Deschutes Co.; the Eastmoreland Historic District, Portland; and the Q'alya ta Kukwis shichdii me Traditional Cultural Property Historic District, Coos Co. Each of these projects exposed discrepancies between federal and state laws and rules governing the National Register Program.

If the Oregon Parks and Recreation Commission approves rulemaking this website will be updated to include locations and dates of public meetings. The earliest date that staff may present a draft rule to the Oregon Parks and Recreation Commission and that the Commission may grant permission to open rulemaking is April 2020. 

Press release

The RAC members include:

  • Dr. Stephen Dow Beckham, Chair State Advisory Committee on Historic Preservation, Chair of the RAC
  • Peter Gutowsky, Association of Oregon Counties
  • Michael Boquist, League of Oregon Cities
  • Gail Greenman, Oregon Farm Bureau
  • Craig Horrell, Central Oregon Irrigation District
  • George Kramer, Kramer & Company
  • John Liu, At large community member
  • Mary Kyle McCurdy, 1000 Friends of Oregon
  • Ellen Miller, Homebuilders Association
  • Peggy Moretti, Restore Oregon
  • Oregon Tribal Representative
  • Elaine Schacher, State of Oregon, Department of Administrative Services

RAC Meetings

Meetings location, date, and time subject to change or cancellation.

Location: 1313 Mill Street SE, Salem, OR 97301. All meetings begin at 9 a.m.

Jan. 28, 2020           RAC meets to draft new rule


Feb. 10, 2020           RAC meets to draft new rule


Feb.25, 2020            RAC meets to draft new rule : Feb.25, 2020 Meeting Cancelled

PRP-RUL-02-19-Rules-Advisory-Committee-Concludes-Meeting-Series.pdf


March 10, 2020        RAC meets to draft new rule


June 2020                 Earliest date that staff may present a draft rule to the Oregon                                       Parks and Recreation Commission and that the                                                                 Commission may grant permission to open rulemaking.

If the Oregon Parks and Recreation Commission approves rulemaking this website will be updated to include locations and dates of public meetings.





Contact

Katie Gauthier
Legislative Coordinator
503-510-9678



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