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~.c_ <br />~~~'~~~I~II~~~~~ ~I~ <br />sss <br />STATE OF COLORAD <br />Roy Romer, Governor <br />DEPARTMENT OFNATURALRESOURCES <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />DATE: November 16, 1987 <br />T0: Mike Savage ,~'/ <br />FROM: Dan Mathews ~ !~~ <br />RE: REGULATORY AUTHORITY ON INDIAN LANDS, FILE - BLUE FLAME MINE, C-81-053 <br />I have done some preliminary research into the question of our regulatory <br />jurisdiction at the Blue Flame Mine, due to the fact that a portion or <br />possibly all of the surface within the permit area is owned by the Ute <br />Mountain Ute Indian Tribe. Obviously, the uncertainty regarding the partial <br />or complete ownership needs to be resolved. <br />As you are aware, the State Regulatory Program became effective December 15, <br />1980. At that time, the Division became the regulatory authority for coal <br />operations on non-Federal and non-Indian Lands. The Cooperative Agreement <br />between the Department of Interior and State of Colorado which became <br />effective October 6, 1982 provided fur State Regulation of coal operations on <br />Federal Lands. The Cooperative Agreement contains a clause which states that <br />one of the purposes of the Agreement is to "provide uniform and effective <br />application of the program on all non-Indian Lands in Colorado..." <br />Since "Indian Lartds" are specifica]]y excluded from the Federal definition of <br />"Federal Lands", it is apparent that the State does not have regulatory <br />jurisdiction on Indian Lands. Indian Lands, as defined in 30 CFR Chapter 7, <br />means lands within the boundaries of any Federal Indian reservation and all <br />lands held in trust for or supervised by an Indian tribe, <br />/vjr <br />3447E <br /> <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />