(1) The following disputes shall be submitted to mediation and if mediation is not successful to arbitration as described in this section:

(a) A dispute with regard to the issuance of an archaeological permit under ORS § 390.235; or

(b) A dispute over the disposition of human skeletal remains or burial goods under ORS § 97.750.

(2) The State Parks and Recreation Commission in consultation with the Mark O. Hatfield School of Government and the governing bodies of the Oregon Indian tribes shall adopt rules to establish mediation and arbitration procedures. [1993 c.459 § 15; 2001 c.104 § 129; 2003 c.598 § 42; 2003 c.791 32,32a; 2005 c.817 § 9]

(Office of Outdoor Recreation)