As used in OAR 736-051-0080 through 736-051-0090 unless the context requires otherwise:

1. (1) “Alter” means to disturb or remove any part of an archaeological site.

2. (2) “Applicant” means the qualified archaeologist (as defined in ORS 390.235(6)(b)) or person responsible for the terms and any conditions of an archaeological permit pursuant to ORS 390.235 where;

   1. (a) The qualified archaeologist or person obtains the permit for the benefit of a recognized scientific or educational institution with a view to promoting the knowledge of archaeology or anthropology;
   2. (b) The qualified archaeologist obtains the permit to salvage archaeological objects from unavoidable destruction or;
   3. (c) The qualified archaeologist obtains the permit for investigations sponsored by a recognized institution of higher learning, private firm, or an Indian tribe.
3. (3) “Appropriate Indian tribe” means the Oregon federally recognized Indian tribe or tribes designated by the Legislative Commission on Indian Services (LCIS).
4. (4) “Archaeological excavation” means to apply archaeological methods to break the ground surface to remove any buried or embedded archaeological object, feature, or non-archaeological material for the purposes of performing archaeological research.
5. (5) “Archaeological object” has the meaning in ORS 358.905.
6. (6) “Archaeological permit” means the permit issued under ORS 390.235.
7. (7) “Archaeological site” has the meaning in ORS 358.905.
8. (8) “Burial” has the meaning in ORS 358.905.
9. (9) “Conditions” means any additional permit terms relating to property access, research, notifications, field methods, analyses, monitoring, curation, and reporting, by an entity with approval authority.

10. (10) “Curatorial facility” means either:

    1. (a) The “state designated curatorial facility”, which is the UOMNCH incorporating the OSMA; or
    2. (b) “Alternate curatorial facility” means the institution meeting standards in ORS 390.235 approved by UOMNCH and appropriate Indian tribe(s).
11. (11) “Destroy” means to injure in entirety.
12. (12) “Director” means the Director of the Oregon State Parks and Recreation Department or their designee.
13. (13) “Entity with approval authority” means, as appropriate to the context, one or more of the following: The director, the landowner or land managing agency, and the most appropriate Indian tribe(s).
14. (14) “Exploratory excavation” is a type of archaeological excavation inventory method for identifying the presence or absence of a buried archaeological object or site, not visible from the surface, requiring a permit on non-federal public lands.
15. (15) “Funerary objects” has the meaning in ORS 358.905.
16. (16) “Historic cemetery” has the meaning given in ORS 97.772.
17. (17) “Human remains” has the meaning given that term in ORS 358.905.
18. (18) “Injure” means to inflict damage of any kind.
19. (19) “Object of cultural patrimony” has the meaning given that term in ORS 358.905.

20. (20) “Person” means an individual, a partnership, a public or private corporation, an 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.

    1. (a) A “person” that is an individual may be an applicant for an archaeological permit as provided in ORS 390.235(2)(a), for the benefit of a recognized scientific or educational institution with a view to promoting the knowledge of archaeology or anthropology.
    2. (b) Any other “person” must have a qualified archaeologist as the applicant for a permit.

21. (21) “Private lands” means lands within the State of Oregon owned by a person, except “private lands” do not include federal lands or nonfederal public lands, or any lands the title to which is:

    1. (a) Held in trust by the United States for the benefit of any Indian tribe or individual;
    2. (b) Held by an Indian tribe or individual subject to a restriction by the United States against alienation.
22. (22) “Public lands” means any lands owned by the State of Oregon, a city, county, district or municipal or public corporation in Oregon.

23. (23) “Qualified Archaeologist” means a person that meets the ORS 390.235(6)(b) education, fieldwork, laboratory or curation, and reporting experience specific to archaeological excavation and analysis, supporting their ability to comply with any terms and conditions of a State of Oregon issued archaeological permit. The “Qualified Archaeologist” must be able to demonstrate that they:

    1. (a) Possess 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;

       1. (A) Where “post-graduate degree” means a Master of Arts (MA), Master of Science (MS), or Doctor of Philosophy (PhD) degree from a recognized educational institution in archaeology, anthropology, history, classics or other germane discipline with a specialization in archaeology.
       2. (B) Where “specialization in archaeology” means the program, coursework, and graduate faculty adhere to departmental requirements for the equivalency of a post-graduate degree in the discipline of archaeology.
       3. (C) Where “archaeology” means the study of the past based on: archaeological method and theory, the analysis or patterning of any surviving archaeological objects, sites, or features, anthropogenic soils, ethnographic, historic, or oral traditions, and any associated contextual relationships documenting the use of a place or places by people individually or collectively for any amount of time. Archaeology is a subfield of Anthropology.
       4. (D) Where “documented equivalency” means an official record of a post-graduate degree from a foreign educational institution deemed equivalent to that gained in conventional/accredited U.S. education programs comparable to a MA, MS, or PhD, with a specialization in archaeology.

    2. (b) Have 12 weeks (480 hours) of supervised experience in basic archaeological field research, including both survey and excavation, and four weeks (160 hours) of archaeological laboratory analysis or curating;

       1. (A) Where supervised archaeological field research means at the professional level, as opposed to that obtained as a volunteer, or for undergraduate or graduate school credit.
       2. (B) Where 480 hours of both survey and excavation means a minimum of 240 hours each.

    3. (c) Have designed and executed an archaeological study, as evidenced by a Master’s thesis or report equivalent in scope and quality, dealing with archaeological field research, of which they are the sole, or primary/lead author.

       1. (A) Where “Master’s thesis or report equivalent in scope and quality” may include a PhD dissertation, peer reviewed publication, or report, where the document:

          1. (i) Presents a major piece of research in preparation for the demands of professional research and writing;
          2. (ii) Sets out a problem, clearly follows the theme or themes involved, includes review of relevant literature, and shows an ability to synthesize material in a way that brings it to bear on the chosen problem;
          3. (iii) Involves a proposal that is reviewed by faculty and provides context to the research, why the topic is important, how the project will address the topic and the methods and materials required to conduct the project;
          4. (iv) Explains how the work addresses archaeological theory, laboratory analysis, archival research, fieldwork, description of materials analyzed, and quantitative methods;
          5. (v) Demonstrates the ability of the author to analyze and manipulate archaeological data to address the stated research questions; and
          6. (vi) Must be in a finished and polished format of sufficient caliber that it is ready to submit to a professional publication.

       2. (B) Where a Master’s thesis or report equivalent in scope and quality dealing with “archaeological field research” supports experience with excavation or removal of archaeological or historical material, and;

          1. (i) Where “archaeological field research” in this context means hands-on analysis of a professionally excavated archaeological collection or a portion of a collection from data recovery or test excavations in an archaeological site, prior to or after curation at an Oregon state designated curatorial facility, alternate curatorial facility, federally approved facility, or foreign institution.
          2. (ii) Where the collection consists of archaeological objects and associated data, such as excavation level forms, field maps, catalogs of archaeological objects, archaeological object inventories, sample collections, and photographs, conveying overall provenience.
       3. (C) Where being the “sole author” demonstrates that the qualified archaeologist designed and executed the archaeological study.
       4. (D) Where a primary/lead author may demonstrate their specific contribution evidencing they were principally responsible for designing and executing the archaeological study.

24. (24) “Recognized educational institution” means:

    1. (a) An accredited member of a state system of higher education; or
    2. (b) An accredited academic or higher education institution, with a department comprising archaeology faculty, through a graduate school program, that offers graduate degrees with a specialization in archaeology.
25. (25) “Recognized scientific institution” means a chartered museum, organization, or society with a commitment to the scientific method.
26. (26) “Remove” means taking any material, whether archaeological or not, embedded in or on the surface, or under the surface of the ground.
27. (27) “Sacred object” has the meaning given that term in ORS 358.905.
28. (28) “Tribal Coordination” means a bilateral process of discussion, cooperation, and decision-making about a proposed investigation to assist with the development of an archaeological permit research design.

Statutory/Other Authority

ORS 390.235(1)(d)

Statutes/Other Implemented

ORS 358.920 & ORS 390.235

History

PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023
PRD 1-1999, f. 3-2-99, cert. ef. 3-3-99
PR 1-1997, f. & cert. ef. 3-31-97
PR 1-1995, f. & cert. ef. 1-3-95