Res 1625 - Scien Explore Policy
COUNCIL BILL NO. 2303
RESOLUTION NO. 1625
A RESOLUTION ADOPTING A SCIENTIFIC EXPLORATION POLICY TO APPLY
WITHIN PARKS AND TO OTHER CITY PROPERTY; ESTABLISHING A PERMIT
PROCESS CONSISTENT WITH STATE AND FEDERAL LAW; AND DECLARING AN
EMERGENCY.
WHEREAS, City parks have recently become a focal point for significant scientific
exploration; and
WHEREAS, the State of Oregon issues archaeological permits and legally regulates
"archaeological sites" as that term is defined by state law; and
WHEREAS, the City has determined that a policy is necessary to regulate scientific
exploration within City parks and on other City property; and
WHEREAS, this Scientific Exploration Policy will be applied consistent with the
provisions of state and federal law, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Scientific Exploration Policy which is affixed hereto and incorporated
herein as Attachment "A" is hereby adopted.
Section 2. Pursuant to this Policy, the following permit fees are hereby established:
Permit Processing
Park Use
$45
$70 per day
The City reserves the right to bill permittees for additional out-of-pocket expenses incurred as a
direct result of the permit issuance
Section 3. Emer~ency Clause. This ordinance being necessary for the immediate
preservation ofthe public peace, health and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by the Mayor.
APprovedastoform:cn.~ ~ 4-- 14 - '200 l
N. Robert Shields, City Attorney Date
APproved:~t* ~ '\\ iJA._ ~
Richard Jenni~s\ M~
Page 1 - COUNCIL BILL NO. 2303
RESOLUTION NO. 1625
Passed by the Council Apri 1 23 . 2001
Submitted to the Mayor April 24, 2001
Approved by the Mayor Apri 1 24, 2001
Filed in the Office of the Recorder Apri 1 24, 2001
AITEST: m~ ~.. J
Mary enn t, CIty Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2303
RESOLUTION NO. 1625
ATTAOHMENT A .
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WOODBURN
Incorporated 1889
SCIENTIFIC EXPLORATION POLICY
Council Approved: April 23, 2001
ATTACHMENT A
Page -k- of .:a:::=
SCIENTIFIC EXPLORATION POLICY
April 23, 2001
1. PURPOSE. Located within Woodburn are what many consider the oldest
paleoarchaeological sites in the Pacific Northwest. Explorations have uncovered
significant discoveries on City of Woodburn property within City parks. These policies
are intended to regulation and coordinate paleoarchaeological exploration within City
parks and on City property.
2. APPLICATION. This Scientific Exploration Policy applies only to City parks and other
property owned by the City. This Policy does not apply where it is preempted by state
and/or federal laws.
3. DEFINITIONS. As used in this Policy unless the context requires otherwise:
A. "Alter" means to disturb or remove.
B. "Applicant" means the person who is applying for a permit under this Policy.
C. "City" means the City of Woodburn, Oregon.
D. "Curatorial Facility" means either a:
(1) "Recognized" curatorial facility, which is the Oregon State Museum of
Anthropology (OSMA); or
(2) "Alternate" curatorial facility, which is defined as follows:
(a) The scientific, educational, or Indian tribal institution for whose
benefit a permit was issued, if approved by the Oregon State
Museum of Anthropology (OSMA); or
(b) An educational facility other than the institution collecting the
material, provided the action is approved by the State Board of
Higher Education; or
(c) An educational facility or firm approved by OSMA with the
requirement that the facility provide a material inventory to OSMA
within six months of collection.
E. "Excavate" means to break the ground surface.
Page 1 - Scientific Exploration Policy
ATTACHMENT A
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F. "Person" means an individual, a partnership, a public or private corporation, and
unincorporated association or any other legal entity. "Person" includes any
subsidiary subcontractor, parent company or other affiliate. Business entities are
considered affiliates when one controls or has the power to control the other or
when both are controlled directly or indirectly by a third person.
G. "Recreation and Parks Director" means the Recreation and Parks Director of
Woodburn, Oregon.
H. "Qualified Scientist" means a person who has the following qualifications:
(1) 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;
(2) Twelve weeks of supervised experience in basic archaeological field
research, including both survey and excavation and four weeks of
laboratory analysis or curating; and
(3) 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.
I. "Recognized Educational Institution" means:
(1) An accredited member ofa state system of higher education; or
(2) An accredited academic or higher education institution with an accredited
program in anthropology.
J. "Recognized Scientific Institution" means a chartered museum, organization or
society with a commitment to the scientific method.
K. "Removal" means taking any artifact or non-artifactual remains on, imbedded in,
or under the surface of the ground.
4. PROCESS FOR APPLYING FOR A SCIENTIFIC EXPLORATION PERMIT
WITHIN A CITY PARK OR ON CITY PROPERTY.
A. A person may not excavate or alter a City park or other City property for
scientific purposes without first obtaining a permit from the Recreation and Park
Director. This includes scientific exploratory excavations to determine the
presence of an archaeological site, or the removal of any material of an
archaeological, paleonotological, historical, prehistorical or anthropological
nature
Page 2 - Scientific Exploration Policy
ATTAC'1MENT A
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E.
A scientific exploration permit may be issued to:
(I) A qualified scientist exploring for the benefits of a recognized scientific or
educational institution with a view to promoting the knowledge of
paleonotology, archaeology or anthropology. The qualified scientist must
have 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
C. 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.
C. A person who desires a Scientific Exploration Permit must submit an application
to the Recreation and Parks Director. The application must be complete and be
accompanied by:
(1) A map that clearly shows the location of the proposed work that enables
the City to clearly understand the location of the proposed action;
(2) A description of exploration activities including:
(a) Dates for mobilization;
(b) Number of people expected on site;
(c) Extent and methode s) of excavation;
(d) Site security during the project; and
(e) Plan for restoring the site when the activities are complete.
(3) A resume(s) or vita(s) for the person(s) in direct charge offield work. The
resume or vita must demonstrate that the person(s) meets or exceeds the
qualifications listed in
(4) A research design that explicitly develops the rationale behind the
proposed research, giving the theoretical orientation, justification for
problem selection, logic and procedures for the research strategy. The
design must define the universe of study, establish realistic minimal
expectations and a realistic schedule of research and provide justified
recovery procedures;
Page 3 - Scientific Exploration Policy
ATTA. C~ENT A- . .
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(5) Access to a curatorial facility within 100 miles of the City for
archaeological and other objects uncovered during the project; and
(6) At least three references from professionals representing recognized
scientific or educational institutions attesting to the applicants
qualifications to pursue the proposed research.
D. After considering the application, maps, research design, vita and all comments,
recommendations for conditions, or objections received by entities with approval
authority during consultation, the Recreation and Park Director may issue the
permit without conditions, issue the permit with conditions or deny the permit.
The permit does not relieve the applicant from compliance with other federal or
state requirements, including, but not limited to, ORS 97.740 to 97.760, ORS
358.905 to 358.955, and ORS 390.235 to 390.240.
E. All permittees shall use State of Oregon, Archaeological Survey and Reporting
Standards.
F. If during the execution of an approved permit, the permittee should uncover biotic
or geological remains or deposits that qualify the site as an "Archaeological Site",
the permittee must file an Archaeology Permit with the Oregon Parks and
Recreation Department, State Historic Preservation Office according to OAR
736-051-0000.
G. Prior to being issued a permit under this Policy, the Permittee shall, to the extent
it may lawfully do so under the Constitution and laws of Oregon, agree to waive
any claim against the City and indemnify, defend, and save harmless the City, its
officers, employees and agents from and against any and all claims, actions, and
appeals arising out of or in any way connected with exercise by the Permittee of
the rights herein permitted.
H. Prior to being issued a permit under this Policy, the Permittee shall acknowledge
that all material found or discovered by the Permittee is the sole property of the
City subject only to a superior ownership interest which is established pursuant to
state or federal law.
I. Without limiting the Permittee's indemnification of the City, the Permittee shall
provide and maintain at its own expense during the term of this Permit
comprehensive general liability insurance and comprehensive auto liability
insurance with a combined single limit of$l,OOO,OOO per occurrence. Such
insurance shall be primary to other insurance maintained by the City and shall
name the City as an additional insured. An application will not be considered
complete without such a certificate.
Page 4 - Scientific Exploration Policy
5.
PERMIT FEES AND CHARGES
ATTACH~ENT fr
Page Of~
A. No application will be considered until fees are paid according to the following
fee schedule:
Permit Processing - $45 per permit
Park Use - $70 per day
The City reserves the right to bill permittees for additional out-of-pocket expenses
incurred as a direct result of the permit issuance
B. These fees and policies guide the organization of scientific exploration conducted
independently from City sponsorship. Agreements for scientific exploration
activities in which the City is a partner will be negotiated on a case-by-case basis.
Depending upon the nature of the activity, policies and fees outlined in these
policies mayor may not apply.
Page 5 - Scientific Exploration Policy
ATT~~ENT A
Page of 8
SCIENTIFIC EXPLORATION
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Permit Application
WOODBURN Recreation and Parks Department . 270 Montgomery Street
Woodburn, OR 97071
IIt(Orprraled 1889 (503) 982-5264 . (503) 982-5244
All information must be completed before this application will be considered for approval. Use separate
sheets if more space is needed to complete a section.
Applicant Project
Name: Project Name:
Institution:
Street Address: Project Location:
City State Zip
Signature: Date:
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Starting Date of Field Work:
Requested Permit Duration:
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The Permittee waives all claims against the City, its officers, agents and employees, for loss or damage caused
by, arising out of or in any way connected with the exercise of this permit. The Permittee agrees, to the extent
it may lawfully do so, to save harmless, indemnify and defend the City, its officers, agents and employees, from
any and all loss, damage or liability which may be suffered or incurred by the City, it's officers, agents and
employees caused by, arising out of or in any way connected with exercise by the Permittee of the rights herein
permitted. The Permittee acknowledges and agrees that all material found or discovered by the Permittee is the
sole property ofthe City subject only to a superior ownership interest which is established pursuant to state or
federal law.
DApproved (conditions attached)
DDenied (justification attached)
Date
Attachments:
Insurance Certificate
References
Conditions of Approval
Professional Credentials