Or. Admin. R. 736-051-0020

Current through Register Vol. 63, No. 8, August 1, 2024

Section 736-051-0020 - Disputes Covered by the Dispute Resolution Process

These rules cover disputes among or between: Entities that have statutory authority to approve or disapprove an archaeological permit, or to approve or disapprove a curatorial facility to house archaeological objects, or to approve or disapprove the disposition of human remains, associated material objects, or funerary objects; and applicants for such permits, facilities or dispositions:

(1) Disputes may arise among or between approving entities and applicants over the terms, conditions, provisions or for approval or disapproval of an archaeological permit where:

(a) An entity with approval authority over an application for a permit withholds that approval;

(b) An entity with approval authority disagrees over the terms, conditions or provisions of the permit;

(c) The applicant disagrees with the terms, conditions or provisions of the permit as established by an entity with approval authority.

(2) Disputes may arise over the selection of curatorial facilities to house archaeological objects uncovered on public lands where:

(a) An entity that has approval authority over the choice of a recognized or alternate curatorial facility withholds that approval;

(b) The applicant disagrees with the choice of a recognized or alternate curatorial facility as made by an entity with approval authority.

(3) Disputes may arise over the disposition of human skeletal remains, associated material objects, or funerary objects as described in ORS 97.750 where:

(a) The appropriate Indian tribe has denied consent within 30 days of the mailing of the request for consent;

(b) The professional archaeologist proposing the excavation (or the company or agency the archaeologist represents), disagrees with the terms, conditions or provisions of the Indian tribe's written consent, if any.

Or. Admin. R. 736-051-0020

PR 6-1994, f. & cert. ef. 4-22-94; PRD 6-2022, amend filed 11/21/2022, effective 7/1/2023

Statutory/Other Authority: ORS 390.124 & 390.240

Statutes/Other Implemented: ORS 97.750 & 390.235