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~..' f' a o . ~ ) <br />... <br />Bruce Humphries <br />Page 2 <br />included in the state register or is nominated to be in that <br />register. He also opines that the action necessary to implicate <br />the requirements of the statute must be initiated by a state <br />agency, i_e., that the state agency must be the permit applicant. <br />I disagree with these conclusions. <br />Section 24-80.1-104(1), C.R.S. (1988), applies to properties <br />nominated to be in the register or properties already listed in <br />the register and provides that such properties must be protected <br />from an action initiated by a state agency until clearance is <br />obtained as provided in subsection (2) of that section. <br />Subsection (2) then provides in relevant part that: <br />At the earliest stage of planning or consideration of a proposed <br />action or when_it is anticipated that properties of historical <br />significance may be adversely affected in the course of agency <br />action and in all cases prior to an agency decision concerning an <br />action that may have an effect on. properties listed in the state <br />register, the agency initiating the ,action shall identify such <br />properties located within the area of the proposed action, notify <br />the society of the proposed action, request a determination of <br />.effect on such properties, and afford the society a period of <br />thirty days in which to review the,pioposed action ,Comments <br />made by the society which include specific recommendations to <br />prohibit or.alter_all or some aspects of the proposed action <br />shall be implemented by the agency .... (emphasis added). <br />Contrary to Alan Hassler's opinion, this section applies to two <br />separate groups of properties: properties of historical signifi- <br />cance that may be adversely affected by agency action and prop- <br />erties already listed in the register. Read in this manner, the <br />requirements of the statute are activated when a property of his- <br />torical significance may be affected by a state action even <br />though .such property is not in the register or nominated to be in <br />the register. <br />The legislative declaration supports this interpretation of the <br />statute. The declaration does not distinguish between properties <br />in the register and those that are not in the register, but <br />simply states that the legislative intent is to preserve all cul- <br />tural resources. <br />Mr. Hassler also states that he thinks the reporting requirements <br />only apply to action initiated by the state agency. Specifi- <br />