OAR 736-051-0000 through 736-051-0050 cover disputes among or between persons or entities that have statutory authority to: approve or object to the issuance of an archaeological permit, approve or object to a proposed curatorial facility, approve or object to the disposition of human remains, funerary objects, sacred objects, or objects of cultural patrimony; apply for an archaeological permit.

1. (1) Beginning July 1, 2023, after a permit application is sent for review, disputes may arise among or between entities with approval authority and applicants over terms, conditions, or objections, where:

   1. (a) An entity with approval authority over an application for a permit objects to its issuance, based on one or more of the following;

      1. (A) Due to any terms or conditions.
      2. (B) In response to a failure of an applicant to comply with a prior permit, issued on or after July 1, 2023.
      3. (C) Over a failure to address comments to a report intending to satisfy terms and conditions of a prior permit, issued on or after July 1, 2023. The entity with approval authority must provide documentation supporting failure to address comments.
      4. (D) Due to a known prior violation of ORS 390.235 by the applicant for failing to obtain a permit, on or after July 1, 2023.
   2. (b) The applicant disagrees with any terms or conditions of a permit;
   3. (c) The applicant disagrees with an objection to their permit application under subsection (a).

2. (2) Disputes may arise over the selection of curatorial facilities for the removal of archaeological objects on public lands where:

   1. (a) An entity that has approval authority objects to the choice of an alternate curatorial facility; or
   2. (b) The applicant disagrees with the choice of an alternate curatorial facility made by an entity with approval authority.
3. (3) Disputes may arise over the disposition of human remains, funerary objects, sacred objects, or objects of cultural patrimony as described in ORS 97.740.

Statutory/Other Authority

ORS 390.124 & ORS 390.240

Statutes/Other Implemented

ORS 97.750, ORS 390.235 & ORS 97.740

History

PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023
PR 6-1994, f. & cert. ef. 4-22-94