Current through Register Vol. 47, No. 5, March 10, 2024
Permits are issued subject to the following terms and
conditions:
A. Permittees must adhere
to the following standards for survey work carried out on state lands:
1. All areas in which ground disturbance is
anticipated will be surveyed for cultural resources.
2. Routine survey work for well pads,
highways, and other specific projects will adhere to the following standards:
a. A minimum of 10 acres will be investigated
for each well pad location.
b.
Linear projects will be investigated by spacing surveyors no wider than 30
meters apart.
c. A minimum of 70
percent ground visibility is required for all projects surveyed with snow
cover.
3. All
archaeological permittees must perform a file search at the society or pay the
society to do so prior to beginning field work.
4. All newly documented historical,
prehistorical and archaeological resources will be recorded on standard
Colorado inventory forms, available from the society.
5. Permittees will obtain an official
Colorado site number, based on the Smithsonian trinomial system, from the
society for each newly documented historical, prehistorical or archaeological
resource.
6. Original, typed
inventory forms and photographs must be submitted for review and acceptance by
the society within three months of resource discovery.
B. All archaeological or paleontological
excavation under a permit issued by the society shall be undertaken with an
objective of increasing knowledge.
1.
Recovered specimens, except human remains and associated funerary objects,
shall be preserved, either on the site or in museums, open to the public and
available to qualified students. The permit shall specify the name of the
museum in which the recovered materials shall be deposited.
2. Permittees shall take measures to assure
the security of the excavation project site.
3. Excavated human remains and associated
funerary objects may be retained by the permitted archaeologist for a period
not to exceed one year from the date of disinterment, for the purpose of study.
Studies should be completed as soon as possible. At the end of the one-year
study period, the state archaeologist shall receive the remains and confer with
the Colorado Commission of Indian Affairs regarding disposition. A permittee's
request for an extension of time shall be addressed in writing to the Colorado
Commission of Indian Affairs, with a copy provided to the state
archaeologist.
C. A copy
of an approved permit must be in the possession of the permittee at all times
when on state land. An individual named on the permit must be present at all
times. Permittees shall not begin work exceeding
10m2 on any site until a permit for that site has
been issued, nor shall a permittee excavate human remains until a permit
specifically authorizing this has been issued.
D. Permittees must obtain separate permission
to enter on state lands from the state agency which administers said land,
including but not limited to the State Land Board and its current lessee(s) if
any, the Division of Wildlife, and the Division of Parks and Outdoor
Recreation.
E. Permittees must file
all required reports in a timely manner (as defined in Section 7.J. and
7.K.)
F. Permittees shall not be
released from requirements of a permit until all outstanding obligations have
been satisfied, whether or not the term of the permit has expired.
G. All issued permits will become part of the
public record.
H. Any permit may be
suspended by the society through the state archaeologist at any time if there
is evidence that the activity authorized by the permit is being unlawfully or
improperly conducted, if any of the criteria for permit denial applies, or if
the permit holder does not honor the conditions of the permit.
1. Permits may be suspended or revoked in
accordance with the procedures outlined in the State Administrative Procedures
Act, CRS 24-4-104 and
105.
2. When a permit is revoked, all recovered
materials, catalogues, maps, field notes, and other records necessary to
identify the same shall be surrendered immediately to the
society.
I. Permittees
must allow inspection of excavation projects and recovered materials by the
state archaeologist or his/her designee.
J. Reports required
1. The permittee shall submit an end-of-year
report detailing activities conducted under the permit during the previous
calendar year. This end-of-year report is required by December 31, and shall
include the following:
a. A bibliography of
reports on all projects conducted partially or wholly on state lands, and on
projects conducted on private land under state permit. Each bibliographic entry
shall indicate the county in which field work took place.
b. A listing of all sites and isolated finds
recorded on state lands; a catalog of all materials collected on state lands
and the name of the repository in which the materials are curated.
c. A brief summary of work in
progress.
2. The
permittee shall submit report(s) detailing the results of investigations on
state land, and on private land under state permit.
a. Preliminary report
A preliminary or progress report is required by December 31
of the year in which the investigations begin, and annually thereafter for
multi-year projects.
b.
Final report
A final report must be submitted within three years after the
conclusion of field work. Final reports should meet the Secretary of Interior's
Standards and Guidelines for Archaeology and Historic Preservation
(Federal Register 48(190), September 29, 1983).
3. All reports will be
reviewed by the state archaeologist, or his/her staff designee, who will notify
the permittee in writing of the acceptance or rejection of the report.
End-of-year reports and preliminary reports will be reviewed by January 31;
final reports will be reviewed within 90 days of receipt. Rejected reports will
be returned to the permittee for correction and resubmission. The society
through the state archaeologist will consider reporting requirements not
satisfied until all reports are accepted.
4. Should a permittee challenge the rejection
of a report, the society through the state archaeologist shall convene an
advisory peer panel to review the report in questions, shall take into account
the panel's recommendations, and shall provide the permittee with written
results of the peer review. After such review, the society through the state
archaeologist has the option of upholding or altering a previous determination,
and shall notify the permittee accordingly.
5. Within 60 days, subsequent to the notice
specified above, a permittee may request a hearing before the society or an
administrative law judge, as provided in Section
24-4-105.
K. Permit calendar and duration
1. The usual duration of "Survey only" and
"Survey and Test Excavation" permits will be from March 1 through February 28
(29) of the following year; however, applicants may apply for permits at: any
time. All such permits will expire on February 28 (29). Excavation permits may
be issued at any time for a period not to exceed 14 months.
2. All permittees shall submit the required
reports on work conducted under permit by December 31. No permittee who has
failed to submit a report, or whose report has been rejected, shall receive a
new permit until conditions of the prior permit have been met.
3. On January 31, the society through the
state archaeologist shall notify all permittees as to whether reports have been
received and, if so, whether they have been accepted. Permittees whose reports
are rejected shall be notified of a deadline for resubmission.
L. The state of Colorado,
including its agencies and employees, shall be held harmless for any and all
events, deeds or mishaps resulting from the activities of the permittee,
regardless of whether or not they arise from operations authorized under the
permit.
M. Permit infraction
1. Failure to adhere to any of the terms and
conditions specified in Section 7 is cause for revoking the permit at any
time.
2. Permits will be suspended
or revoked in accordance with CRS
24-4-104.
3. No revocation shall be lawful unless the
society has given the permittee notice in writing of facts or conduct that may
warrant such action, afforded the permittee opportunity to submit written data,
views, and arguments with respect to such facts or conduct, and, except in
cases of deliberate and willful violation, given the permittee a reasonable
opportunity to comply with all lawful requirements.
