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<br /> <br />Interpretations continued page 6 <br /> <br />The limitations of the Register of Historic Places Act <br />can be better understood in CRS 24-80-401. In this statute, <br />the State's title to cultural resources is limited to lands <br />owned by the state and by other political subdivisions of <br />the state. <br />CRS 24-80-408 specifies that the state historical <br />society cannot undertake any powers over historical , <br />prehistorical, or archaeological resources on any corporation <br />or private lands without a request to do so by the property owner. <br />It is significant to understand that a private land <br />owner owns all of the cultural resources on his property. <br />In this case, the Cross Mountain Ranches LTD have <br />exclusive right to any cultural resources on their land. <br />They even have the right to destroy them in any manner that <br />they may choose, and there is no law against it. <br />Without permission, no one, including the society, the <br />agency or the applicant, has the right to trespass in search <br />of cultural resources. A cultural resource survey on the <br />subject property has no lawful purpose. If any cultural resources <br />exist they are ineligible for registration under CRS <br />24-80.1-107(2) because they belong exclusively to the <br />property owner. <br />(Issue #4) <br />(The Moffat County Road Department has complied with <br />all of the provisions of the Mined Land reclamation Act <br />and all other applicable state laws and regulations.) <br />The applicant has complied with all of the provisions <br />necessary to secure a mined land reclamation permit. The Board <br />and the Division have met their obligation to the Register of <br />Historic Places Act. There are no other applicable state <br />laws and regulations that the Moffat County Road Department <br />can comply with. Permit #M-93-023 should be issued on that basis. <br />(Issue #5) <br />(It is a violation of an applicant's right to due process <br />for one agency of the state to hold him in compliance with <br />arbitrary and discretionary standards while other applicants <br />to the same, or other agencies, are excused from these <br />standards by discretion.) <br />