Or. Admin. Code § 736-051-0010 - Definitions

As used in OAR 736-051-0000 through 736-051-0050, unless the context requires otherwise:

(1) "Arbitration" means a process whereby a neutral third party or panel considers the facts and arguments presented by disputing parties and renders a decision.

(2) "Mediation" means a process in which a third party assists and facilitates two or more parties to a dispute in reaching a mutually acceptable resolution of the dispute.

(3) "Negotiation" means an informal process by which an attempt is made by disputing parties to resolve the dispute without the need for mediation or arbitration.

(4) "Entity with Approval Authority" means, as appropriate to the context, one or more of the following: The Oregon Parks and Recreation Department, an appropriate Indian tribe, the Oregon State Museum of Anthropology, the state agency or local governing body charged with management of the public land in question.

(5) "Applicant" means a person who is applying for an archaeological permit pursuant to ORS 390.235.

(6) "Recognized Curatorial Facility" means the Oregon State Museum of Anthropology (OSMA).

(7) "Alternate Curatorial Facility" can mean one or more of the following:

(a) The scientific, educational, or Indian tribal institution for whose benefit a permit was issued under ORS 390.905 et seq., if approved by OSMA with the concurrence of the appropriate Indian tribe;

(b) An educational facility other than the institution collecting the material, provided the action is approved by the State Board of Higher Education with the concurrence of the appropriate Indian tribe;

(c) An educational facility or firm approved by OSMA with the concurrence of the appropriate Indian tribe, and with the requirement that the facility provide an inventory of material to OSMA within six months of collection.

(8) "Human Remains" has the meaning given that term in ORS 358.905.

(9) "Funerary Objects" have the meanings given that term in ORS 358.905.

(10) "Associated Material Objects" has the same meaning as section (9) of this rule.

(11) "Burial Goods" as found in ORS 309.240(1)(b), has the same meaning as section (9) of this rule.

(12) "Sacred Object" has the meaning given that term in ORS 358.905.

(13) "Qualified Archaeologist" has the meaning given that term in ORS 390.235.

(14) "Professional Archaeologist" has the meaning given that term in ORS 97.740(6).

(15) "Archaeological Permit" means the permit issued under ORS 390.235.

(16) "Archaeological Object" has the meaning given that term in ORS 358.905.

(17) "Indian Tribe" has the meaning given in ORS 97.740(4).

(18) "Appropriate Indian Tribe" means the Indian tribe designated by the Commission on Indian Services as having the greatest interest in the subject matter relating to the dispute.

Notes

Or. Admin. Code § 736-051-0010

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 390.124 & 390.240