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1995 Colorado Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagco0047 and id is 1 raw text is: GALE A. NORTON STATE OF COLORADO STATE SERVIcES BUIING Attorney General 1525 Sherman Street - 5th Floor DEPARTMENT OF LAW Denver, Colorado 80203 STEPFEN K. ERKENBRACK Phone (303) 866-4500 Chief Deputy Attorney General OFFICE OF THE ArrORNEY GENERAL FAX (303) 866-5691 TimoTaY M. TYMKOvIcH Solicitor General FORMAL ) OPINION ) No. 95-1 of ) February 17, 1995 GALE A. NORTON ) Attorney General ) This Opinion responds to an inquiry from the Executive Director of the Colorado Department of Higher Education, concerning the power of the Colorado Historical Society, a division of the Department of Higher Education, to require cultural or archaeological surveys pursuant to section 24-80.1- 104, C.R.S. (1988) to identify historic properties that may be affected by state actions. BACKGROUND This issue arises in the context of the Mined Land Reclamation Board's issuance of a mining permit rider stipulating that an applicant must conduct a cultural resource survey on private land in order to comply with the Register of Historic Places Act, section 24-80.1-101 et eag., C.R.S. (1988), before mining activities can commence. In 1993, the Moffat County Road Department applied for the issuance of a Reclamation Permit to engage in the mining of gravel at a privately owned site known as Cross Mountain Pit No. 1. This property is neither nominated to nor listed in the State Register of Historic Properties. Pursuant to section 24-80.1- 104, C.R.S. (1988), the Mined Land Reclamation Board sent notice of this application to the Colorado Historical Society (CHS). On March 23, 1993, James E. Hartmann, in his capacity as the President of CHS, reviewed the application and issued the following recommendation: qN~'

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