736-051-0010 Dispute Resolution Definitions As used in OAR 736-051-0020 through 736-051-0050, unless the context requires otherwise: (1) “Alternate curatorial facility” means the institution approved by the University of Oregon Museum of Natural and Cultural History (UOMNCH) incorporating the Oregon State Museum of Anthropology (OSMA), and appropriate Indian tribe(s), meeting standards in ORS 390.235; (a) Where materials are made available for nondestructive research by scholars pursuant to ORS 390.235(3)(b); (b) Where “scholars” means but is not limited to: tribal members, traditional cultural practitioners, traditional cultural authorities, archaeologists, academic professionals, and students. (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; (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; (b) The qualified archaeologist obtains the permit to salvage archaeological objects from unavoidable destruction or; (c) The qualified archaeologist obtains the permit for investigations sponsored by a recognized institution of higher learning, private firm, or an Indian tribe. (3) “Appropriate Indian tribe” means the federally recognized Oregon Indian tribe or tribes identified by the Legislative Commission on Indian Services (LCIS). (4) “Arbitration” means a process whereby a neutral third party or panel considers the facts and arguments presented by disputing parties and renders a decision. (5) “Archaeological object” has the meaning given that term in ORS 358.905. (6) “Archaeological permit” means the permit issued under ORS 390.235. (7) “Archaeological site” has the meaning given that term in ORS 358.905. (8) “Burial” has the meaning given that term in ORS 358.905. (9) “Conditions” means any additional permit terms from an entity with approval authority for property access, research, notifications, field methods, analyses, monitoring, curation, and reporting. (10) “Director” means the Director of the Oregon State Parks and Recreation Department or their designee. (11) “Entity with approval authority” means, as appropriate to the context, one or more of the following: The director, the private landowner as applicable or land managing agency, and the appropriate Indian tribe(s). (12) “Funerary objects” have the meanings given that term in ORS 358.905. (13) “Human remains” has the meaning given that term in ORS 358.905. (14) “Indian tribe” has the meaning given that term in ORS 97.740. (15) “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. (16) “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. (17) “Object of cultural patrimony” has the meaning given that term in ORS 358.905 (18) “Qualified archaeologist” means a person that meets ORS 390.235 education and experience criteria related to archaeological collection and excavation, as support of their ability to comply with terms and conditions of a State of Oregon issued archaeological permit. (19) “Sacred object” has the meaning given that term in ORS 358.905. (20) “State designated curatorial facility” means the UOMNCH incorporating the OSMA. Statutory/Other Authority: ORS 390.124 & ORS 390.240 Statutes/Other Implemented: ORS 390.124 & ORS 390.240 History: PRD 6-2022, amend filed 11/21/2022, effective 07/01/2023 PR 6-1994, f. & cert. ef. 4-22-94