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s <br />It is believed by Petitioner that the Society's interpretation <br />of the Act results from a confusion between the Society's duties <br />under the Act and the Society's duties under the National Historic <br />Preservation Act, 16 U.S.C. §470, which the Society also <br />administers. The NHPA applies only to federal actions, but <br />authorizes intervention whether a property is listed in the <br />National Register or not. The NHPA is much more broad than the <br />Act. In any event, the Society's present interpretation of the <br />Act, while afforded some deference by caselaw, is not controlling. <br />Colorado Div. of Emolovment and Training v. Parkview Eoisconal <br />HOSp., 725 P.2d 787 (Colo. 1986). <br />III. CONCLIIBION <br />The purpose of the Register of Historic Places Act is to <br />create and maintain a State Register of Historic Properties. The <br />Act gives the Historical Society the opportunity to delay, for up <br />to ninety (90) days, state initiated actions which might damage <br />those properties that become listed in the State Register. Until <br />a property is listed or nominated for listing in the State <br />Register, the Society has no authority under the Act to address an <br />action concerning that property. A careful review of the entire <br />Act (consisting of only eight (8) short Subsections), including the <br />definitions of defined terms, makes this conclusion obvious. <br />The Petitioner's position concerning the Society's duties and <br />authority under the Act is clearly correct. Petitioner does not <br />believe the Act is ambiguous on this issue. However, if the Act is <br />deemed ambiguous, then the legislative history of the Act, the <br />titles of the Act, the definitions of terms contained in that Act <br />and the other aids to construction of an ambiguous statute <br />discussed above clarify the ambiguity such that actions affecting <br />unlisted properties are not subject to Society review. The Act <br />simply does not provide a~ protection for properties which are not <br />listed or nominated for inclusion in the State Register. <br />WHEREFORE, Petitioner requests as follows: <br />a) that the Board exercise its discretion to rule upon this <br />Petition; and <br />b) that the Board issue a Declaratory Order determining that <br />the Colorado Register of Historic Places Act, C.R.S. §24-80.1-101 <br />et. sea. does not require or authorize any action by the the <br />Colorado Historical Society in situations where property to be <br />affected by an action of the Department of Natural Resources, is <br />neither listed nor nominated for listing in the State Register of <br />Historic Properties. <br />c) that the Board modify the Permit by deleting the Rider to <br />Mining Permit which is quoted above <br />9 <br />