8 CCR 1504-7-10 - Obligations of state agencies with respect to state activities
A. Any
archaeological or paleontological survey or excavation performed by a state
agency on lands owned by the state of Colorado or its political subdivisions
shall be subject to the permit system described in these regulations.
B. Consultation requirements.
1. Project proponents who anticipate applying
for state funding assistance or entitlements of use may request the society's
determinations regarding the project's potential effects on archaeological or
historic resources in advance of, or simultaneously with, submittal of their
applications. The society shall respond to such request within 10 business
days.
2. In the event that any
location of proposed state action includes properties listed on or nominated
for the State Register of Historic Places, the state agency initiating the
action shall request a determination of effect on such properties from the
society pursuant to Section
24-80.1-104 CRS
3. In the event that historical,
prehistorical or archaeological resources are discovered in the course of an
agency action, the agency and/or project proponent(s) should refrain from
knowingly damaging such resources and should notify the society.
a. To knowingly disturb historical,
prehistorical or archaeological resources on public land is a misdemeanor; to
knowingly disturb human remains on public or private lands is also a
misdemeanor.
b. On private lands
subject to state actions, the landowner or project proponent(s) should make
reasonable efforts to avoid or minimize harm to newly discovered historical,
prehistorical or archaeological resources. The landowner or project
proponent(s) should notify the funding or permitting agency and the society as
soon as possible after such a discovery. The agency, society, and landowner or
project proponent(s) shall jointly develop a plan for the evaluation and
treatment of the resource.
c. In
the event that an adverse effect is anticipated, the agency, landowner, and
project proponent(s) may enter into an agreement with the society on how to
mitigate the effect.
Notes
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