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<br /> <br />The rules and procedures for implementing Article 80.1, published <br />on June 1, 1991 (8 CCR 1504-5), outline the procedures for review <br />of proposed actions by State agencies. These include (1) <br />contacting the Colorado Historical Society to determine whether <br />properties of historical significance may be located within the <br />area of the proposed action; (2) seeking the Society's <br />determination as to whether such property is of historical <br />significance, and (3) requesting the Society's determination of <br />effect on such properties. This process parallels that <br />established in 36 CFR Part 800, regulations implementing the <br />National Historic Preservation Act of 1966 (16 U.S.C. 470f), <br />regarding Federal actions, or "undertakings", that may affect <br />historic properties. The National Historic Preservation Act <br />recognizes the importance of both protecting known historic <br />properties and conducting surveys to locate and evaluate <br />properties that have not yet been discovered. The Council's <br />regulations, at 36 CFR Part 800, require Federal agencies, among <br />other things, to seek the advise of the State Historic <br />Preservation Office "...on further actions to identify historic <br />properties that may be affected" (Section 800.4[a][ii]). <br />Identifying the locations of properties of historical <br />significance is fundamental to their protection. While many <br />important properties are now listed in both the National and <br />State registers, by no means have all such significant properties <br />been identified. The National Historic Preservation Act offers <br />protection to historic properties, regardless of land ownership, <br />but only where Federal agency actions are involved. Actions <br />taken by State agencies, without Federal involvement, should <br />offer the same level of protection. Without providing for <br />cultural resource surveys when the Colorado Historical Society <br />believes significant properties may be affected, the State risks <br />unnecessarily impacting many such properties. <br />