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Interpretations continued pace 5 (Issue #3) (The discretionary provisions of the Register of Historic Places Act (CRS 24-80.1-101 to 108) cannot provide a basis to deny a Mined Land Reclamation Permit under CRS 34-32-115(c) and 109(5).) These regulations merely imply a moral obligation onto the (Board and Division) to contact the Historical Society to see if the area of the proposed Cross Mountain Pit No. 1 is on state land or if the affected area contains any cultural resource properties that are listed in the State Register. The Board and the Division met that obligation by informing the society of the proposed action on the Cross Mountain Pit #1 application. And the society met its statutory duty to assist in that review. On March 11, 1993, Susan M. Collins reported the results of that review in a letter to Division Reclamation Specialist, Carl B. Mount: "...A search of the Colorado Cultural Resource Inventory has indicated that there are no known sites located within the boundaries of this project..." (See Exhibit B-1) At this point, the Division of Minerals had met its moral obligation to notify the Society of the proposed reclamation permit application, and the Society had met its statutory duty to determine if there are any known sites of historical significance located within the boundaries of this project. At issue are Susan M. Collins' unsolicited comments: "...we recommend that a cultural resource survey be undertaken to determine if eligible cultural resources will be impacted by mining activities...." The historical society has no statutory authority to "review" agency actions on private owned land and private owned properties. These comments are outside of Susan Collins' official jurisdiction to make. They do not have the force and effect of any law or regulation that the applicant or property owner can be forced to comply with. It is an unconstitutional act for the Board and the Division to attempt to enforce the historical society's unofficial and arbitrary comments onto the applicant under the requirement provisions of the Mined Land Reclamation Act (CRS 34-32-115(c) and 109(5).