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~ 1 ~ :'. ..... <br />i •..~ ~ .~"^ II I III I II I II IIII III <br />Ki:i F` <br />•'' 999 <br />~::~r >'. <br />~,}1 <br />,.,:.~:: <br />''~~`Y COLORADO COUNCIL OF <br />~ j:: t.: <br />~~='~~" ~ry~~'~` PROFESSIONAL ARCH.~EOLOGISTS <br />January 18, 1995 <br />Catherine Krueger-Rovey <br />Chair, Mined Land Reclamation Board <br />1313 Sherman, Room 215 <br />Denver, CO 80203 <br />RECE~ SEC <br />JAN 24 1995 <br />Divis,, or mnn <br />eras a Leo 0 <br />9Y <br />Subject: Survey requirements under CRS 24-80.1-101 to 108, State Register <br />of Historic Places. <br />Dear Ms. Krueger-Rovey, <br />I am writing on behalf of the Colorado Council of Professional Archaeolo- <br />gists to express our organization's concern with recent questions raised <br />about the intent and requirements of the State Act protecting properties of <br />historical significance in the State of Colorado. We are informed that the <br />Mined Land Reclamation Board will host a hearing on February 22 and 23 <br />regarding application of the Act to a proposed gravel mining operation in <br />Moffat County, specifically the current requirement that State agencies <br />consult with the Colorado Historical Society (Society) on the need to <br />conduct cultural resources surveys prior to issuing permits. <br />Article 80.1 of Colorado Revised Statute Part 24 regarding protection of <br />sites and structures of historical significance in the State of Colorado, <br />as currently implemented, requires State agencies to seek the Society's <br />views in this regard. As we understand it, the heart of the question is <br />whether State agencies must conduct surveys, or ieyuire applicants for <br />permits or assistance to conduct surveys, to locate sites eligible for <br />listing in the State Register; or if the Act merely requires agencies to <br />consult with the Society regarding sites and structures already listed in <br />or nominated for the State Register. <br />Procedures for implementing Article 80.1 (see item 7, 8 CCR 1504-5) state <br />that an "agency initiating (an] action should contact the Society to <br />determine whether properties of historical significance may be located <br />within the area of the proposed action". Since 1991, this has been inter- <br />preted by the Colorado Historical Society to mean that where State agency <br />actions have the potential to affect historic resources (e.g, ground <br />disturbing activities in locations likely to contain archaeological <br />properties) the Society could recommend surveys to identify such resources <br />with the expectation that agencies would follow their recommendations. This <br />process parallels that established in 36 CFR Part 800, regulations imple- <br />menting the National Historic Preservation Act of 1966 (16 U.S.C. 470f), <br />