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<br />;~ <br />' Interpretations continued pane 2 <br />The Moffat County Road Department (applicant), and the <br />Cross Mountain Ranches LTD, (land owner and owner of any <br />related cultural resource properties), do not believe that <br />the Colorado Historical Society and the Division of Minerals <br />have statutory authority to require a cultural resource survey <br />on private owned properties as a condition of a reclamation <br />permit. And neither do I. <br />The reasons supporting my position follow in this <br />Memorandum of Interpretations. <br />ISSUE #1 <br />The state legislature did not give the Colorado <br />historical society, or any other state agency, statutory <br />authority to "review" agency actions on properties that are <br />not state owned and are not listed in the State Register; <br />ISSUE #2 <br />The Register of Historic Places Act is an arbitrary, and <br />vague set of regulations that only imply a moral duty onto all <br />state agencies including the Mined Land Reclamation Board and <br />the Division; <br />ISSUE #3 <br />The discretionary provisions of the Register of Historic <br />Places Act (CRS 24-80.1-101 to 108 ) cannot provide a basis <br />to deny a Mined Land Reclamation Permit under CRS <br />34-32-115(c) and 109(5); <br />ISSUE #4 <br />The Moffat County Road Department has complied with all <br />of the provisions of the Mined Land Reclamation Act and all <br />other applicable state laws and regulations. <br />