Senate Bill 25-054 Rerevised

A Bill for an Act

• Page 1, Line 101Concerning the regulation of mining activities, and, in

• Page 1, Line 102connection therewith, creating a new permit type to

• Page 1, Line 103facilitate the cleanup of abandoned mine waste piles,

• Page 1, Line 104updating forfeiture and warranty procedures,

• Page 1, Line 105ratifying Colorado's membership in the "Interstate

• Page 1, Line 106Mining Compact" and the Interstate Mining

• Page 1, Line 107Commission, and making an appropriation.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Water Resources and Agriculture Review Committee. The bill amends the "Colorado Mined Land Reclamation Act" and the "Colorado Land Reclamation Act for the Extraction of Construction Materials" to:

• Contemplate the expedited issuance of reclamation-only permits to persons desiring to conduct reclamation-only operations after July 1, 2025, on less than 5 acres; and
• Update restrictions and requirements concerning the posting and forfeiture of financial warranties relating to mine reclamation projects.

The office of mined land reclamation may not issue a reclamation-only permit to a designated mining operation.

The bill also enacts the "Interstate Mining Compact" and ratifies Colorado's membership in the associated Interstate Mining Commission.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Short title. This short title of this act is the "Legacy Mining and Modernization Act".

• Page 2, Line 3SECTION 2.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 2, Line 4(a)  The division of reclamation, mining, and safety within the

• Page 2, Line 5department of natural resources estimates there are more than 23,000 abandoned mines across the state;

• Page 2, Line 7(b)  Many legacy mine features contribute heavy metals and acid

• Page 2, Line 8mine drainage to Colorado watersheds, contaminating drinking water

• Page 2, Line 9supplies, negatively impacting the health of aquatic ecosystems, and corroding essential infrastructure;

• Page 2, Line 11(c)  In addition to improvements in watershed health and water

• Page 2, Line 12quality, a reclamation-only permitting system offers an opportunity to

• Page 2, Line 13facilitate recovery of valuable metals, rare earths, and strategic minerals

• Page 3, Line 1without impacts associated with new mining activity; establish

• Page 3, Line 2ecosystem-appropriate vegetation, including pollinator-friendly and

• Page 3, Line 3drought-tolerant plants, where no vegetation exists today; and return land to a beneficial use for local communities;

• Page 3, Line 4(d)  Financial warranties are required for all mining operations to ensure the completion of reclamation;

• Page 3, Line 5(e)  Each financial warranty must be set and maintained at a level

• Page 3, Line 6that reflects the actual current cost of fulfilling the requirements of the reclamation plan; and

• Page 3, Line 7(f)  One hundred percent of the proceeds of all forfeited financial

• Page 3, Line 8warranties must be deposited in a special account established by the

• Page 3, Line 9mined land reclamation board for the purpose of reclaiming lands that

• Page 3, Line 10were obligated to be reclaimed under the permits upon which such financial warranties have been forfeited.

• Page 3, Line 11(2)  Therefore, the general assembly declares that a new permit

• Page 3, Line 12type should be created to facilitate the removal of waste piles while

• Page 3, Line 13providing regulatory oversight and ensuring lands are returned to a beneficial use.

• Page 3, Line 14SECTION 3.  In Colorado Revised Statutes, 34-32-103, amend the introductory portion and (8); and add (2.5) and (5.9) as follows:

• Page 3, Line 1534-32-103.  Definitions. As used in this article article 32, unless the context otherwise requires:

• Page 3, Line 16(2.5)  "CERCLA" means the federal "Comprehensive

• Page 3, Line 17Environmental Response, Compensation, and Liability Act of 1980", 42 U.S.C. sec. 9601 et seq.

• Page 3, Line 18(5.9)  "Legacy mine" means a mine where pre-law mining

• Page 3, Line 19operations have occurred or the mining operations have been

• Page 4, Line 1abandoned, and no bond or other financial assurance or

• Page 4, Line 2reclamation responsibility covering the reclamation of the land affected by the mining operations exists.

• Page 4, Line 3(8)  "Mining operation" means the development or extraction of a

• Page 4, Line 4mineral from its natural occurrences or within refuse on affected land.

• Page 4, Line 5The term "Mining operation" includes, but is not limited to, open mining,

• Page 4, Line 6in situ mining, in situ leach mining, surface operations, and the disposal

• Page 4, Line 7of refuse from underground mining, in situ mining, and in situ leach

• Page 4, Line 8mining. The term "Mining operation" also includes the following

• Page 4, Line 9operations on affected lands: Transportation, concentrating, milling,

• Page 4, Line 10evaporation, removal of waste piles and refuse, and other

• Page 4, Line 11processing. The term "Mining operation" does not include: The

• Page 4, Line 12exploration and extraction of natural petroleum in a liquid or gaseous

• Page 4, Line 13state by means of wells or pipe; the development or extraction of coal; the

• Page 4, Line 14extraction of geothermal resources; smelting, refining, cleaning,

• Page 4, Line 15preparation, transportation, and other off-site operations not conducted on

• Page 4, Line 16affected land; or the extraction of construction material where there is no development or extraction of any mineral.

• Page 4, Line 17SECTION 4.  In Colorado Revised Statutes, 34-32-110, add (9) as follows:

• Page 4, Line 1834-32-110.  Limited impact operations - expedited process -

• Page 4, Line 19reclamation-only permits - rules. (9) (a)  An operator desiring to

• Page 4, Line 20conduct reclamation-only operations at a legacy mine pursuant

• Page 4, Line 21to an application submitted after September 1, 2025, on less than

• Page 4, Line 22five acres may apply for the expedited processing of the

• Page 4, Line 23operator's permit. In order to obtain a reclamation-only permit

• Page 4, Line 24pursuant to this subsection (9), an operator shall file with the office:

• Page 5, Line 1(I)  Evidence of the source of the operator's legal right to enter and initiate a reclamation operation on the affected land;

• Page 5, Line 2(II)  A financial warranty and fee that complies with subsection (3) of this section;

• Page 5, Line 3(III)  The address and telephone number of the operator's

• Page 5, Line 4general office and the operator's local address or addresses and telephone number;

• Page 5, Line 5(IV)  The name, address, and telephone number of the

• Page 5, Line 6owner of the surface of the affected land and the source of the

• Page 5, Line 7operator's legal right to enter and initiate a reclamation operation on the affected land;

• Page 5, Line 8(V)  A statement that the operator will conduct the

• Page 5, Line 9operations pursuant to the terms and conditions listed on the

• Page 5, Line 10application and in accordance with this article 32 and the rules

• Page 5, Line 11adopted pursuant to this article 32 and in effect at the time the permit was approved or amended;

• Page 5, Line 12(VI)  A map showing information sufficient to determine

• Page 5, Line 13the location of the affected land and existing and proposed

• Page 5, Line 14roads or access routes to be used in connection with the reclamation operation;

• Page 5, Line 15(VII)  The approximate size of the affected land;

• Page 5, Line 16(VIII)  Information sufficient to describe or identify the

• Page 5, Line 17type of reclamation operation proposed, how the operator

• Page 5, Line 18intends to conduct the reclamation operation, and the name and

• Page 5, Line 19location of the mill or facility accepting the materials being

• Page 5, Line 20excavated;

• Page 6, Line 1(IX)  A statement that the operator has applied for necessary local government approvals; and

• Page 6, Line 2(X)  A description of measures to be taken to reclaim any

• Page 6, Line 3affected land consistent with the requirements of section 34-32-116.

• Page 6, Line 4(b)  The office shall not issue a reclamation-only permit to a designated mining operation.

• Page 6, Line 5(c)  The office shall not issue a reclamation-only permit

• Page 6, Line 6for a period that exceeds three years from the initiation of excavation to completion of all reclamation work.

• Page 6, Line 7(d)  A reclamation-only permit shall not be converted into any other type of permit.

• Page 6, Line 8(e)  Nothing in this subsection (9) relieves a permittee of

• Page 6, Line 9the duty to comply with applicable surface water or groundwater quality or radiation control requirements.

• Page 6, Line 10(f)  Nothing in this subsection (9) applies to response actions subject to or required by CERCLA.

• Page 6, Line 11(g)  The board may adopt rules that define what types of

• Page 6, Line 12reclamation activities are permissible and prohibited under this section.

• Page 6, Line 13SECTION 5.  In Colorado Revised Statutes, 34-32-112, amend (1) introductory portion; and repeal (1)(a) as follows:

• Page 6, Line 1434-32-112.  Application for reclamation permit - changes in

• Page 6, Line 15permits - fees - notice. (1)  Any An operator desiring to obtain a

• Page 6, Line 16reclamation permit shall make written application to the board or to the

• Page 6, Line 17office for a permit on forms provided by the board. The reclamation

• Page 6, Line 18permit or the renewal of an existing permit, if approved, shall must

• Page 7, Line 1authorize the operator to engage in such mining operation upon the

• Page 7, Line 2affected land described in such the application for the life of the mine.

• Page 7, Line 3Such The application shall consist be filed through board-approved methods and consists of the following:

• Page 7, Line 4(a)  Five copies of the application;

• Page 7, Line 5SECTION 6.  In Colorado Revised Statutes, 34-32-115, amend (2) as follows:

• Page 7, Line 634-32-115.  Action by board - appeals. (2)  Prior to the Before

• Page 7, Line 7holding of any such a hearing as described in subsection (1) of this

• Page 7, Line 8section, the board or the office shall provide notice to any a person who

• Page 7, Line 9previously filing filed a protest or petition for a hearing or statement in

• Page 7, Line 10support of an application pursuant to section 34-32-114 and shall publish

• Page 7, Line 11notice of the time, date, and location of the hearing on the division

• Page 7, Line 12website and in a newspaper of general circulation in the locality of the

• Page 7, Line 13proposed mining operation once a week for two consecutive weeks

• Page 7, Line 14immediately prior to the hearing. The hearing shall be conducted as a

• Page 7, Line 15proceeding pursuant to article 4 of title 24. C.R.S. A final decision on the

• Page 7, Line 16application shall be made within one hundred twenty days after the

• Page 7, Line 17receipt of the application. In the event of complex applications, serious

• Page 7, Line 18unforeseen circumstances, or significant snow cover on the affected land

• Page 7, Line 19that prevents a necessary on-site inspection, the board or the office may

• Page 7, Line 20reasonably extend the maximum time for a final decision by sixty

• Page 7, Line 21days. In the event of in situ leach mining operations, a final decision on the application will shall be made within two hundred forty days.

• Page 7, Line 22SECTION 7.  In Colorado Revised Statutes, 34-32-116, amend (7)(e) as follows:

• Page 7, Line 2334-32-116.  Duties of operators - reclamation plans.

• Page 8, Line 1(7)  Reclamation plans and the implementation of reclamation plans must conform to the following general requirements:

• Page 8, Line 2(e)  In those areas where revegetation is part of the reclamation

• Page 8, Line 3plan, land shall be revegetated in such a way as to establish a diverse,

• Page 8, Line 4effective, and long-lasting vegetative cover that is capable of

• Page 8, Line 5self-regeneration and at least equal in extent of cover to the natural

• Page 8, Line 6vegetation of the surrounding area. Native plant species that

• Page 8, Line 7encourage pollinators should receive first consideration, but

• Page 8, Line 8introduced species may be used in the revegetation process when found desirable by the board.

• Page 8, Line 9SECTION 8.  In Colorado Revised Statutes, 34-32-117, amend

• Page 8, Line 10(3)(b), (3)(d)(II), (3)(f)(IV), (3)(f)(V)(A), (4)(c)(II), (6)(a), (6)(b)(I),

• Page 8, Line 11(6)(c), (6)(e), (6)(f), and (6)(g); and repeal (3)(f)(V)(C), (3)(f)(V)(D), (3)(f)(V)(E), and (8) as follows:

• Page 8, Line 1234-32-117.  Warranties of performance - warranties of

• Page 8, Line 13financial responsibility - release of warranties - applicability.

• Page 8, Line 14(3) (b)  The board may accept interests in real and personal property as

• Page 8, Line 15financial warranties to where the amount of the reclamation

• Page 8, Line 16liability exceeds thirty million dollars. The board may

• Page 8, Line 17determine the extent of a specified percentage of the estimated

• Page 8, Line 18appraised value of any such the property, Any not to exceed

• Page 8, Line 19seventy-five percent of the appraised value. A person offering such

• Page 8, Line 20financial warranty shall submit the information necessary to show clear title to and the value of such the property.

• Page 8, Line 21(d)  For nondesignated mining operations:

• Page 8, Line 22(II)  This subsection (3) shall be is applicable on January 1, 1996,

• Page 8, Line 23to:

• Page 9, Line 1(A)  Deeds of trust existing as of July 1, 1993, and subsequent

• Page 9, Line 2updates of these same the deeds of trust used as collateral for financial warranties. and

• Page 9, Line 3(B)  Any financial warranty completed before July 1, 1993, if the

• Page 9, Line 4value of any such financial warranty includes any mineral value or if

• Page 9, Line 5mineral value is used to update any such financial warranty. The value of

• Page 9, Line 6any financial warranty described in this sub-subparagraph (B) shall include mineral value for the life of the warranty.

• Page 9, Line 7(f)  Proof of financial responsibility may consist of any one or more of the following, subject to approval by the board:

• Page 9, Line 8(IV)  A deed of trust or security agreement encumbering real or

• Page 9, Line 9personal property and creating a first lien in favor of the state for liabilities exceeding thirty million dollars;

• Page 9, Line 10(V)  Assurance, in such form as the board may require, that:

• Page 9, Line 11(A)  Upon commencement of production or when site

• Page 9, Line 12conditions and liabilities change, the operator will establish an

• Page 9, Line 13individual reclamation fund, to be held by an independent trustee for the

• Page 9, Line 14board, upon such terms and conditions as the board may prescribe, which

• Page 9, Line 15trust fund shall be funded by periodic cash payments representing such

• Page 9, Line 16fraction of receipts as will, in the opinion of the board, provide assurance that funds money will be available for reclamation; and

• Page 9, Line 17(C)  Project-related fixtures and equipment (excluding rolling

• Page 9, Line 18stock) owned or to be owned by the financial warrantor within the permit

• Page 9, Line 19area will have a salvage value at least equal to the amount of the financial warranty, or the appropriate portion thereof;

• Page 9, Line 20(D)  Existing liens and encumbrances applicable to said fixtures

• Page 9, Line 21and equipment, other than liens in favor of the United States or this state,

• Page 10, Line 1any other state, and any political subdivisions, will be subordinated to the lien described in section 34-32-118 (4)(b); and

• Page 10, Line 2(E)  Said fixtures and equipment will be maintained in good

• Page 10, Line 3operating condition and will not be removed from the permit area without the prior consent of the board;

• Page 10, Line 4(4) (c) (II)  A An operator or a financial warrantor shall have

• Page 10, Line 5has sixty days after the date of notice of any such an adjustment to fulfill all the new requirements.

• Page 10, Line 6(6) (a)  Financial warranties shall be maintained in good standing

• Page 10, Line 7for the entire life of any permit issued under this article. Financial

• Page 10, Line 8warrantors article 32. An operator or a financial warrantor shall

• Page 10, Line 9immediately notify the board of any an event which that may impair their the operator's or the financial warrantor's warranties.

• Page 10, Line 10(b) (I)  Each operator and financial warrantor providing proof

• Page 10, Line 11of financial responsibility in a form described in subsection (3)(f)(IV),

• Page 10, Line 12(3)(f)(V) or (8) of this section shall annually cause to be filed with the

• Page 10, Line 13board a certification by an independent auditor that, as of the close of the

• Page 10, Line 14financial warrantor's operator's most recent fiscal year, the operator

• Page 10, Line 15and the financial warrantor continued to meet all applicable

• Page 10, Line 16requirements of the applicable subsection. Financial warrantors An

• Page 10, Line 17operator or a financial warrantor that no longer meet meets the

• Page 10, Line 18requirements shall instead cause to be filed an alternate form of financial warranty.

• Page 10, Line 19(c)  Each operator and financial warrantor providing proof of

• Page 10, Line 20financial responsibility in a form described in subsection (3)(f)(IV),

• Page 10, Line 21(3)(f)(V) or (8) of this section shall notify the board within sixty days of

• Page 10, Line 22any a net loss incurred in any a quarterly period.

• Page 11, Line 1(e)  Whenever the board elects to convene a hearing pursuant to

• Page 11, Line 2this subsection (6), it may hire an independent consultant to provide

• Page 11, Line 3expert advice at the hearing. The fees of any such the consultant shall be

• Page 11, Line 4paid by the financial warrantor operator, and no a consultant shall not

• Page 11, Line 5be hired until the financial warrantor operator signs a written fee

• Page 11, Line 6agreement in such form as the board may prescribe. In the event that a

• Page 11, Line 7financial warrantor an operator refuses to sign such an agreement, the

• Page 11, Line 8board may, without hearing, order the financial warrantor operator to provide an alternate form of financial warranty.

• Page 11, Line 9(f)  At any a hearing held pursuant to this subsection (6), if the

• Page 11, Line 10board finds that a financial warranty has been materially impaired, it the

• Page 11, Line 11board may order the operator or the financial warrantor to provide an alternate form of financial warranty.

• Page 11, Line 12(g)  A An operator or a financial warrantor shall have has

• Page 11, Line 13ninety days to provide any an alternate warranty required under this subsection (6).

• Page 11, Line 14(8) (a)  The board or office may, in its discretion, accept a first

• Page 11, Line 15priority lien in the amount of the financial warranty prescribed pursuant

• Page 11, Line 16to subsection (4) of this section on any project-related fixtures and

• Page 11, Line 17equipment that must remain on-site in order for the reclamation plan to

• Page 11, Line 18be performed in lieu of including the cost of acquiring and installing such fixtures and equipment.

• Page 11, Line 19(b)  The board or office may accept a first priority lien on any

• Page 11, Line 20project-related fixtures and equipment that must be demolished or

• Page 11, Line 21removed from the site under the reclamation plan. The board or office

• Page 11, Line 22may, in its discretion, accept such a lien as a portion of the proof of

• Page 11, Line 23financial responsibility if the amount credited for such lien does not

• Page 12, Line 1exceed the cost of demolishing and removing the subject fixtures and

• Page 12, Line 2equipment or the market value of such fixtures and equipment, whichever is less.

• Page 12, Line 3(c)  Any fixtures and equipment accepted pursuant to this

• Page 12, Line 4subsection (8) shall be insured and maintained in good operating

• Page 12, Line 5condition and shall not be removed from the permit area without the prior

• Page 12, Line 6consent of the board. Each financial warrantor providing a lien on such

• Page 12, Line 7equipment and fixtures shall file an annual report with the office in

• Page 12, Line 8sufficient detail to fully describe the condition, value, and location of all

• Page 12, Line 9pledged fixtures and equipment. Such financial warrantor shall not pledge

• Page 12, Line 10such equipment and fixtures to secure any other obligation and shall

• Page 12, Line 11immediately notify the office of any other interest that arises in the pledged property.

• Page 12, Line 12SECTION 9.  In Colorado Revised Statutes, 34-32-118, amend (5); and repeal (4)(b) and (4)(c) as follows:

• Page 12, Line 1334-32-118.  Forfeiture of financial warranties. (4) (b)  The

• Page 12, Line 14amount of any forfeited financial warranty shall be a lien in favor of this

• Page 12, Line 15state upon any project-related fixtures or equipment offered as proof of financial responsibility pursuant to section 34-32-117 (3)(f)(V).

• Page 12, Line 16(c)  Said lien shall have priority over all other liens and

• Page 12, Line 17encumbrances irrespective of the date of recordation, except liens of

• Page 12, Line 18record on June 19, 1981, and liens of the United States, the state, and

• Page 12, Line 19political subdivisions thereof for unpaid taxes, and shall attach and be

• Page 12, Line 20deemed perfected as of the date the board approves issuance of the operator's permit.

• Page 12, Line 21(5)  Funds Money recovered by the attorney general in

• Page 12, Line 22proceedings brought pursuant to subsection (4) of this section shall be

• Page 13, Line 1held in the account described in section 34-32-122 and shall be used to

• Page 13, Line 2reclaim lands covered by the forfeited warranties. except that five percent

• Page 13, Line 3of the amount of the financial warranty shall be deposited in the mined

• Page 13, Line 4land reclamation fund, created in section 34-32-127, to cover the

• Page 13, Line 5administrative costs incurred by the office in performing reclamation. The

• Page 13, Line 6board shall have has a right of entry to reclaim said the lands. Upon

• Page 13, Line 7completion of such the reclamation, the board shall present to the

• Page 13, Line 8financial warrantor a full accounting and shall refund all unspent moneys money.

• Page 13, Line 9SECTION 10.  In Colorado Revised Statutes, 34-32-122, amend (1)(a) and (2) as follows:

• Page 13, Line 1034-32-122.  Fees, civil penalties, and forfeitures - deposit -

• Page 13, Line 11emergency response cash fund - created - definition. (1) (a)  All fees

• Page 13, Line 12and assessments collected pursuant to this article and five percent of the

• Page 13, Line 13proceeds of any financial warranty forfeited pursuant to section

• Page 13, Line 1434-32-118 article 32 shall be deposited in the mined land reclamation

• Page 13, Line 15fund for administrative costs associated with reclaiming sites for which

• Page 13, Line 16the financial warranty has been revoked created in section 34-32-127.

• Page 13, Line 17All civil penalties collected under the provisions of this article this

• Page 13, Line 18article 32 shall be deposited in the general fund. Ninety-five One

• Page 13, Line 19hundred percent of the proceeds of all financial warranties forfeited

• Page 13, Line 20under the provisions of section 34-32-118 shall be deposited in a special

• Page 13, Line 21account in the general fund established by the board for the purposes of

• Page 13, Line 22reclaiming lands which that were obligated to be reclaimed under the permits upon which such the financial warranties have been forfeited.

• Page 13, Line 23(2)  Any An applicant that desires to utilize the self-insurance

• Page 13, Line 24provisions listed in section 34-32-117 (3)(f)(IV), (3)(f)(V), or (8)

• Page 14, Line 1(3)(f)(IV) or (3)(f)(V) shall pay an annual fee to the office sufficient to

• Page 14, Line 2defray the actual cost to the office of establishing and reviewing the

• Page 14, Line 3financial warranty of the applicant. These funds are hereby Money

• Page 14, Line 4collected as such fees is annually made available to the office, which shall utilize outside financial and legal services for this purpose.

• Page 14, Line 5SECTION 11.  In Colorado Revised Statutes, 34-32-124.5, amend (1)(b) as follows:

• Page 14, Line 634-32-124.5.  Emergencies endangering public health or

• Page 14, Line 7welfare or environment. (1)  Following an investigation, an emergency

• Page 14, Line 8response is justified pursuant to section 34-32-122 (3) if the board or office determines that:

• Page 14, Line 9(b)  Circumstances exist, regardless of whether caused by a person,

• Page 14, Line 10at a legacy mine site that create a danger to public health or welfare or the

• Page 14, Line 11environment. For purposes of this paragraph (b), "legacy mine site"

• Page 14, Line 12means a site where hard rock mining operations have been abandoned as those terms are defined in section 34-34-101 (1)(b) and (4).

• Page 14, Line 13SECTION 12.  In Colorado Revised Statutes, 34-32-127, amend (2)(a)(I)(A) as follows:

• Page 14, Line 1434-32-127.  Mined land reclamation fund - created - fees - fee

• Page 14, Line 15adjustments - rules. (2) (a)  The office shall collect fees for fiscal year

• Page 14, Line 162014-15 and for each subsequent year of operation for operations according to the following schedule:

• Page 14, Line 17(I)  Applications pursuant to:

• (A)  Section 34-32-110 (1) (1) and (9) $288

• Page 14, Line 18SECTION 13.  In Colorado Revised Statutes, 34-32.5-112, amend (1)(b) introductory portion; and repeal (1)(b)(I) as follows:

• Page 14, Line 1934-32.5-112.  Application for reclamation permit - changes in

• Page 15, Line 1permits - fees - notice. (1) (b)  Each An application shall consist shall be filed through board-approved methods and consists of:

• Page 15, Line 2(I)  Five copies of the application;

• Page 15, Line 3SECTION 14.  In Colorado Revised Statutes, 34-32.5-115, amend (2) as follows:

• Page 15, Line 434-32.5-115.  Action by board - appeals. (2)  Prior to Before

• Page 15, Line 5holding a hearing as described in subsection (1) of this section, the

• Page 15, Line 6board or the office shall provide notice to any a person who filed a

• Page 15, Line 7protest or petition for a hearing or statement in support of an application

• Page 15, Line 8pursuant to section 34-32.5-114. Notice of the time, date, and location of

• Page 15, Line 9the hearing shall be published on the division website and in a

• Page 15, Line 10newspaper of general circulation in the locality of the proposed mining

• Page 15, Line 11operation once a week for the two consecutive weeks immediately

• Page 15, Line 12preceding the hearing. The hearing shall be conducted pursuant to article

• Page 15, Line 134 of title 24. C.R.S. A final decision on the application shall be made

• Page 15, Line 14within one hundred twenty days after the receipt of the application. In the

• Page 15, Line 15event of complex applications, serious unforeseen circumstances, or

• Page 15, Line 16significant snow cover on the affected land that prevents a necessary

• Page 15, Line 17on-site inspection, the board may reasonably extend the time in which a final decision must be made by sixty days.

• Page 15, Line 18SECTION 15.  In Colorado Revised Statutes, 34-32.5-116, amend (4) introductory portion and (4)(f) as follows:

• Page 15, Line 1934-32.5-116.  Duties of operators - reclamation plans.

• Page 15, Line 20(4)  Reclamation plans and their implementation are required on all affected lands and shall must conform to the following requirements:

• Page 15, Line 21(f)  In those areas where revegetation is part of the reclamation

• Page 15, Line 22plan, land shall be revegetated so that a diverse, effective, and

• Page 16, Line 1long-lasting vegetative cover is established that is capable of

• Page 16, Line 2self-regeneration and is at least equal, with respect to the extent of cover,

• Page 16, Line 3to the natural vegetation of the surrounding area. Species chosen for

• Page 16, Line 4Native plant species that encourage pollinators should receive

• Page 16, Line 5first consideration, but introduced species may be used in the

• Page 16, Line 6revegetation process when found desirable by the board.

• Page 16, Line 7Revegetation shall must be compatible for the proposed post-extraction

• Page 16, Line 8land use and shall be of adequate diversity to establish successful reclamation.

• Page 16, Line 9SECTION 16.  In Colorado Revised Statutes, 34-32.5-117,

• Page 16, Line 10amend (3)(b), (3)(d)(II), (3)(f)(IV), (3)(f)(V)(A), (4)(c)(II), (6)(a), (6)(b),

• Page 16, Line 11(6)(c), (6)(e), (6)(f), and (6)(g); and repeal (3)(f)(V)(C), (3)(f)(V)(D), (3)(f)(V)(E), (3)(f)(VI), (3)(f)(VII), and (8) as follows:

• Page 16, Line 1234-32.5-117.  Warranties of performance - warranties of

• Page 16, Line 13financial responsibility - release of warranties - definitions.

• Page 16, Line 14(3) (b)  The board may accept interests in real and personal property as

• Page 16, Line 15financial warranties to where the amount of the reclamation

• Page 16, Line 16liability exceeds fifty million dollars. The board may determine

• Page 16, Line 17the extent of a specified percentage of the estimated appraised value of

• Page 16, Line 18such the property, not to exceed seventy-five percent of the

• Page 16, Line 19appraised value. A person offering such a financial warranty shall

• Page 16, Line 20submit information to show clear title to and the value of such the property.

• Page 16, Line 21(d)  For construction materials operations:

• Page 16, Line 22(II)  This subsection (3) shall be is effective on January 1, 1996, with respect to a:

• Page 16, Line 23(A)  Financial warranty that is collateral for a deed of trust used as

• Page 17, Line 1collateral for a financial warranty in existence on July 1, 1993, and subsequent amendments of such the deed of trust. and

• Page 17, Line 2(B)  Financial warranty completed before July 1, 1993, if the value

• Page 17, Line 3of such financial warranty includes a construction material value or if

• Page 17, Line 4construction material value is used to update such warranty. The value of

• Page 17, Line 5a financial warranty described in this sub-subparagraph (B) shall include the construction material value for the life of the warranty.

• Page 17, Line 6(f)  Proof of financial responsibility may consist of one or more of the following, subject to approval by the board:

• Page 17, Line 7(IV)  A deed of trust or security agreement encumbering real or

• Page 17, Line 8personal property and creating a first lien in favor of this state for liabilities exceeding fifty million dollars;

• Page 17, Line 9(V)  Assurance, in such form as the board may require, that:

• Page 17, Line 10(A)  Upon commencement of production, or when site

• Page 17, Line 11conditions and liabilities change, the operator will establish an

• Page 17, Line 12individual reclamation fund to be held by an independent trustee for the

• Page 17, Line 13board, upon such terms and conditions as the board may prescribe, and

• Page 17, Line 14funded by periodic cash payments representing such fraction of receipts

• Page 17, Line 15as will, in the opinion of the board, provide assurance that funds money will be available for reclamation; and

• Page 17, Line 16(C)  Project-related fixtures and equipment, excluding rolling

• Page 17, Line 17stock, owned or to be owned by the financial warrantor within the permit

• Page 17, Line 18area will have a salvage value at least equal to the amount of the financial warranty or the appropriate portion of such warranty;

• Page 17, Line 19(D)  Existing liens and encumbrances applicable to project-related

• Page 17, Line 20fixtures and equipment shall be subordinated to the lien described in

• Page 17, Line 21section 34-32.5-118; except that liens in favor of the United States, a state, or a political subdivision shall not be so subordinated;

• Page 18, Line 1(E)  Project-related fixtures and equipment shall be maintained in

• Page 18, Line 2good operating condition and will not be removed from the permit area without the prior consent of the board;

• Page 18, Line 3(VI)  A certified financial statement for the financial warrantor's most recent fiscal year and a certification by an independent auditor that:

• Page 18, Line 4(A)  The financial warrantor is the issuer of one or more currently

• Page 18, Line 5outstanding senior credit obligations that have been rated by a nationally recognized rating organization;

• Page 18, Line 6(B)  The obligations enjoy a rating by such rating organization of 'A' or better;

• Page 18, Line 7(C)  The financial warrantor's net worth was at least twice the

• Page 18, Line 8amount of all financial warranties made by such warrantor as of the close of the most recent fiscal year;

• Page 18, Line 9(VII)  A certified financial statement for the financial warrantor's

• Page 18, Line 10most recent fiscal year and a certification by an independent auditor that as of the close of such year the financial warrantor's:

• Page 18, Line 11(A)  Net worth was at least ten million dollars and was equal to or greater than twice the amount of all financial warranties;

• Page 18, Line 12(B)  Tangible fixed assets in the United States were worth at least twenty million dollars;

• Page 18, Line 13(C)  Total liabilities-to-net-worth ratio was not more than two to one;

• Page 18, Line 14(D)  Net income, excluding nonrecurring items, was positive.

• Page 18, Line 15Nonrecurring items that affect net income shall be stated in order to determine if they materially affect self-bonding capacity.

• Page 18, Line 16(4) (c) (II)  A An operator or a financial warrantor shall have

• Page 19, Line 1has sixty days after the date of notice of an adjustment to fulfill the new requirements.

• Page 19, Line 2(6) (a)  A financial warranty shall be maintained in good standing

• Page 19, Line 3for the entire life of a permit issued under this article. A article 32.5. An

• Page 19, Line 4operator or a financial warrantor shall immediately notify the board of

• Page 19, Line 5an event that may impair its the operator's or the financial warrantor's warranty.

• Page 19, Line 6(b)  Each operator and financial warrantor who that provides

• Page 19, Line 7proof of financial responsibility in a form described in subsection

• Page 19, Line 8(3)(f)(IV) to (3)(f)(VII) or subsection (8) (3)(f)(IV) or (3)(f)(V) of this

• Page 19, Line 9section shall cause to be filed with the board a certification by an

• Page 19, Line 10independent auditor. Such The certification shall be filed annually and

• Page 19, Line 11shall must provide that, as of the close of the financial warrantor's

• Page 19, Line 12operator's most recent fiscal year, such the operator and the

• Page 19, Line 13financial warrantor continued to meet all applicable requirements of such

• Page 19, Line 14subparagraphs (IV) to (VII). A subsections (3)(f)(IV) and (3)(f)(V) of

• Page 19, Line 15this section. An operator or a financial warrantor who that no

• Page 19, Line 16longer meets such the requirements shall cause to be filed an alternate form of financial warranty.

• Page 19, Line 17(c)  A An operator ora financial warrantor who that provides

• Page 19, Line 18proof of financial responsibility in a form described in paragraph (b) of

• Page 19, Line 19this subsection (6) subsection (6)(b) of this section shall notify the board within sixty days after a net loss is incurred in a quarterly period.

• Page 19, Line 20(e)  Whenever the board convenes a hearing pursuant to this

• Page 19, Line 21subsection (6), it may hire an independent consultant to provide expert

• Page 19, Line 22advice at the hearing. The fees of any such the consultant shall be paid

• Page 19, Line 23by the financial warrantor operator, and no a consultant shall not be

• Page 20, Line 1hired until the financial warrantor operator signs a written fee

• Page 20, Line 2agreement in such form as the board may prescribe. If a financial

• Page 20, Line 3warrantor an operator refuses to sign such an agreement, the board

• Page 20, Line 4may, without hearing, order such financial warrantor the operator to provide an alternate form of financial warranty.

• Page 20, Line 5(f)  If the board finds, at any a hearing held pursuant to this

• Page 20, Line 6subsection (6), that a financial warranty has been materially impaired, it

• Page 20, Line 7may order the operator or the financial warrantor to provide an alternate form of financial warranty.

• Page 20, Line 8(g)  A An operator or a financial warrantor shall have has

• Page 20, Line 9ninety days to provide any an alternate warranty required under this subsection (6).

• Page 20, Line 10(8) (a)  The board or office may accept a first-priority lien on

• Page 20, Line 11project-related fixtures and equipment that must remain on site for the

• Page 20, Line 12reclamation plan to be performed in lieu of including the cost of acquiring

• Page 20, Line 13and installing such fixtures and equipment in the amount of the financial warranty prescribed pursuant to subsection (4) of this section.

• Page 20, Line 14(b)  The board or office may accept a first-priority lien on

• Page 20, Line 15project-related fixtures and equipment that must be demolished or

• Page 20, Line 16removed from the site under a reclamation plan and may, in its discretion,

• Page 20, Line 17accept such a lien as a portion of the proof of financial responsibility if

• Page 20, Line 18the amount credited does not exceed the cost of demolishing and

• Page 20, Line 19removing such fixtures and equipment or the market value of such fixtures and equipment, whichever is less.

• Page 20, Line 20(c)  Any fixtures and equipment accepted pursuant to this

• Page 20, Line 21subsection (8) shall be insured and maintained in good operating

• Page 20, Line 22condition and shall not be removed from the permit area without the prior

• Page 21, Line 1consent of the board. A financial warrantor that provides a lien on such

• Page 21, Line 2equipment and fixtures shall file an annual report with the office in

• Page 21, Line 3sufficient detail to fully describe the condition, value, and location of all

• Page 21, Line 4pledged fixtures and equipment. Such financial warrantor shall not pledge

• Page 21, Line 5such equipment and fixtures to secure any other obligation and shall

• Page 21, Line 6immediately notify the office of any other interest that arises in the pledged property.

• Page 21, Line 7SECTION 17.  In Colorado Revised Statutes, 34-32.5-118, amend (5); and repeal (4)(b) and (4)(c) as follows:

• Page 21, Line 834-32.5-118.  Forfeiture of financial warranties. (4) (b)  The

• Page 21, Line 9amount of a forfeited financial warranty shall constitute a lien upon

• Page 21, Line 10project-related fixtures or equipment offered as proof of financial

• Page 21, Line 11responsibility pursuant to section 34-32.5-117. Such lien shall be in favor of this state.

• Page 21, Line 12(c)  The lien described in paragraph (b) of this subsection (4) shall

• Page 21, Line 13have priority over all other liens and encumbrances, irrespective of the

• Page 21, Line 14date of recordation, except liens of record on June 19, 1981, and liens of

• Page 21, Line 15the United States, this state, and political subdivisions of this state for

• Page 21, Line 16unpaid taxes and shall attach and be deemed perfected as of the date the board approves issuance of the operator's permit.

• Page 21, Line 17(5)  Funds Money recovered by the attorney general in

• Page 21, Line 18proceedings brought pursuant to subsection (4) of this section shall be

• Page 21, Line 19held in the special account described in section 34-32.5-122 and shall be

• Page 21, Line 20used to reclaim lands covered by forfeited warranties. except that five

• Page 21, Line 21percent of the amount of such forfeited warranties shall be deposited in

• Page 21, Line 22the mined land reclamation fund, created in section 34-32-127, to cover

• Page 21, Line 23administrative costs incurred by the office in performing reclamation. The

• Page 22, Line 1board shall have has a right of entry to reclaim such the lands, and, upon

• Page 22, Line 2completion of such the reclamation, the board shall present a full

• Page 22, Line 3accounting to the financial warrantor and shall refund all unspent moneys money.

• Page 22, Line 4SECTION 18.  In Colorado Revised Statutes, amend 34-32.5-122 as follows:

• Page 22, Line 534-32.5-122.  Fees, civil penalties, and forfeitures - deposit.

• Page 22, Line 6(1)   All fees and assessments collected pursuant to this article and five

• Page 22, Line 7percent of the proceeds of any financial warranty forfeited pursuant to

• Page 22, Line 8section 34-32.5-123 for administrative costs associated with reclaiming

• Page 22, Line 9sites for which the financial warranty has been revoked article 32.5

• Page 22, Line 10shall be deposited in the mined land reclamation fund created in section

• Page 22, Line 1134-32-127. All civil penalties collected pursuant to this article article

• Page 22, Line 1232.5 shall be deposited in the general fund. Ninety-five One hundred

• Page 22, Line 13percent of the proceeds of all financial warranties forfeited under section

• Page 22, Line 1434-32.5-118 shall be deposited in a special account in the general fund

• Page 22, Line 15established by the board for the purpose of reclaiming lands that were

• Page 22, Line 16required to be reclaimed under permits upon which such the financial warranties had been forfeited.

• Page 22, Line 17(2)  An applicant that desires to use the self-insurance provisions

• Page 22, Line 18in section 34-32.5-117 (3)(f)(IV) to (3)(f)(VII) or (8) shall pay an annual

• Page 22, Line 19fee to the office sufficient to defray the actual cost to the office of

• Page 22, Line 20establishing and reviewing the financial warranty of such applicant. Such

• Page 22, Line 21funds are hereby annually made available to the office, which shall utilize outside financial and legal services for this purpose.

• Page 22, Line 22SECTION 19.  In Colorado Revised Statutes, add part 50 to

• Page 22, Line 23article 60 of title 24 as follows:

• PART 50

• Page 23, Line 1INTERSTATE MINING COMPACT

• Page 23, Line 224-60-5001.  Short title.The short title of this part 50 is the "Interstate Mining Compact".

• Page 23, Line 324-60-5002.  Ratification of interstate mining compact.The

• Page 23, Line 4general assembly ratifies and enters into the interstate mining

• Page 23, Line 5compact with all states that enact the compact in the form substantially contained in section 24-60-5003.

• Page 23, Line 624-60-5003.  Text of interstate mining compact - legislative

• Page 23, Line 7declaration - definitions. (1)  Legislative declaration.The general assembly finds that:

• Page 23, Line 8(a)  Mining and the contributions of mining to the economy and well-being of every state are of basic significance;

• Page 23, Line 9(b)  The effects of mining on the availability of land,

• Page 23, Line 10water, and other resources for other uses present special

• Page 23, Line 11problems that properly can be approached only with due

• Page 23, Line 12consideration for the rights and interests of those engaged in

• Page 23, Line 13mining, those using or proposing to use these resources for other purposes, and the public;

• Page 23, Line 14(c)  Measures for the reduction of the adverse effects of

• Page 23, Line 15mining on land, water, and other resources may be costly, and

• Page 23, Line 16the devising of means to deal with them are of both public and private concern;

• Page 23, Line 17(d)  Variables including soil structure and composition,

• Page 23, Line 18physiography, climatic conditions, and the needs of the public

• Page 23, Line 19make impracticable the application to all mining areas of a

• Page 23, Line 20single standard for the conservation, adaptation, or

• Page 24, Line 1restoration of mined land or the development of mineral and

• Page 24, Line 2other natural resources, but justifiable requirements of law

• Page 24, Line 3and practice relating to the effects of mining on lands, water,

• Page 24, Line 4and other resources may be reduced in equity or effectiveness

• Page 24, Line 5unless they pertain similarly from state to state for all mining operations similarly situated; and

• Page 24, Line 6(e)  The states are in a position and have the responsibility

• Page 24, Line 7to assure that mining is conducted in accordance with sound

• Page 24, Line 8conservation principles and with due regard for local conditions.

• Page 24, Line 9(2)  Purposes.The purposes of this compact are to:

• Page 24, Line 10(a)  Advance the protection and restoration of land, water, and other resources affected by mining;

• Page 24, Line 11(b)  Assist in the reduction or elimination or

• Page 24, Line 12counteracting of pollution or deterioration of land, water, and air attributable to mining;

• Page 24, Line 13(c)  Encourage, with due recognition of relevant regional,

• Page 24, Line 14physical, and other differences, programs in each of the party

• Page 24, Line 15states that will achieve comparable results in protecting,

• Page 24, Line 16conserving, and improving the usefulness of natural resources,

• Page 24, Line 17to the end that the most desirable conduct of mining and related operations may be universally facilitated;

• Page 24, Line 18(d)  Assist the party states in their efforts to facilitate

• Page 24, Line 19the use of land and other resources affected by mining, so that

• Page 24, Line 20the use may be consistent with sound land use, public health,

• Page 24, Line 21and public safety, and to this end to study and recommend,

• Page 24, Line 22wherever desirable, techniques for the improvement, restoration, or protection of the land and other resources; and

• Page 25, Line 1(e)  Assist in achieving and maintaining an efficient and

• Page 25, Line 2productive mining industry and in increasing economic and other benefits attributable to mining.

• Page 25, Line 3(3)  Definitions.As used in this part 50, unless the context otherwise requires:

• Page 25, Line 4(a)  "Commission" means the interstate mining commission established in subsection (6) of this section.

• Page 25, Line 5(b)  "Mining" means the breaking of the surface soil in

• Page 25, Line 6order to facilitate or accomplish the extraction or removal of

• Page 25, Line 7minerals, ores, or other solid matter; any activity or process

• Page 25, Line 8constituting all or part of a process for the extraction or

• Page 25, Line 9removal of minerals, ores, or other solid matter from its

• Page 25, Line 10original location; and the preparation, washing, cleaning, or

• Page 25, Line 11other treatment of minerals, ores, or other solid matter so as

• Page 25, Line 12to make them suitable for commercial, industrial, or construction use. "Mining" does not include:

• Page 25, Line 13(I)  Aspects of deep mining that do not have significant effect on the surface; or

• Page 25, Line 14(II)  Excavation of grading when conducted solely in aid of on-site farming or construction.

• Page 25, Line 15(c)  "State" means a state of the United States, the district

• Page 25, Line 16of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.

• Page 25, Line 17(4)  State programs.Each party state agrees that within a

• Page 25, Line 18reasonable time it will formulate and establish an effective

• Page 25, Line 19program for the conservation and use of mined land by the

• Page 26, Line 1establishment of standards, the enactment of laws, or the continuing of the same in force, to accomplish:

• Page 26, Line 2(a)  The protection of the public and the protection of

• Page 26, Line 3adjoining and other landowners from damage to their lands and

• Page 26, Line 4the structures and other property on that land resulting from

• Page 26, Line 5the conduct of mining operations or the abandonment or

• Page 26, Line 6neglect of land and property formerly used in the conduct of those operations;

• Page 26, Line 7(b)  The conduct of mining and the handling of refuse and

• Page 26, Line 8other mining wastes in ways that will reduce adverse effects on

• Page 26, Line 9the economic, residential, recreational, or aesthetic value and utility of land and water;

• Page 26, Line 10(c)  The institution and maintenance of suitable programs

• Page 26, Line 11of adaptation, restoration, and rehabilitation of mined lands; and

• Page 26, Line 12(d)  The prevention, abatement, and control of water, air,

• Page 26, Line 13and soil pollution resulting from mining in the past, present, and future.

• Page 26, Line 14(5)  Powers.In addition to any other powers conferred

• Page 26, Line 15upon the interstate mining commission established by subsection (6) of this section, the commission shall have power to:

• Page 26, Line 16(a)  Study mining operations, processes, and techniques for

• Page 26, Line 17the purpose of gaining knowledge concerning the effects of the

• Page 26, Line 18operations, processes, and techniques on land, soil, water, air,

• Page 26, Line 19plant and animal life, recreation, and patterns of community or regional development or change;

• Page 26, Line 20(b)  Study the conservation, adaptation, improvement, and restoration of land and related resources affected by mining;

• Page 27, Line 1(c)  Make recommendations concerning any aspect or

• Page 27, Line 2aspects of law or practice and governmental administration dealing with matters within the purview of this compact;

• Page 27, Line 3(d)  Gather and disseminate information relating to any of the matters within the purview of this compact;

• Page 27, Line 4(e)  Cooperate with the federal government and any public

• Page 27, Line 5or private entities having interests in any subject coming within the purview of this compact;

• Page 27, Line 6(f)  Consult, upon the request of a party state and within

• Page 27, Line 7available resources, with the officials of the state in respect to any problem within the purview of this compact;

• Page 27, Line 8(g)  Study and make recommendations with respect to any

• Page 27, Line 9practice, process, technique, or course of action that may

• Page 27, Line 10improve the efficiency of mining or the economic yield from mining operations; and

• Page 27, Line 11(h)  Study and make recommendations relating to the

• Page 27, Line 12safeguarding of access to resources that are or may become the

• Page 27, Line 13subject of mining operations to the end that the needs of the

• Page 27, Line 14economy for the products of mining may not be adversely

• Page 27, Line 15affected by unplanned or inappropriate use of land and other

• Page 27, Line 16resources containing minerals or otherwise connected with actual or potential mining sites.

• Page 27, Line 17(6)  The commission. (a)  The interstate mining commission

• Page 27, Line 18is composed of one commissioner from each party state who is the

• Page 27, Line 19governor of that state. Pursuant to the laws of each party

• Page 27, Line 20state, each governor shall have the assistance of an advisory

• Page 28, Line 1body, which includes membership from mining industries,

• Page 28, Line 2conservation interests, and other public and private interests

• Page 28, Line 3as may be appropriate, in considering problems relating to mining

• Page 28, Line 4and in discharging the responsibilities as a commissioner on the

• Page 28, Line 5commission. In any instance where a governor is unable to

• Page 28, Line 6attend a meeting of the commission or perform any other

• Page 28, Line 7function in connection with the business of the commission, the

• Page 28, Line 8governor shall designate an alternate from among the members

• Page 28, Line 9of the advisory body required by this subsection (6), who shall

• Page 28, Line 10represent the governor and act in the governor's place and

• Page 28, Line 11stead. The designation of an alternate shall be communicated by the governor to the commission as provided in its bylaws.

• Page 28, Line 12(b)  Each commissioner is entitled to one vote. An action of

• Page 28, Line 13the commission making a recommendation pursuant to subsection

• Page 28, Line 14(5)(c), (5)(g), or (5)(h) of this section or requesting, accepting, or

• Page 28, Line 15disposing of funds, services, or other property pursuant to this

• Page 28, Line 16subsection (6)(b) or subsection (6)(g), (6)(h), or (8) of this section

• Page 28, Line 17shall not be valid unless it is taken at a meeting at which a

• Page 28, Line 18majority of the total number of votes on the commission is cast

• Page 28, Line 19in favor of the action. All other actions shall be by a majority

• Page 28, Line 20of those present and voting, provided that any action of the

• Page 28, Line 21commission may occur only at a meeting at which a majority of

• Page 28, Line 22the commissioners, or their alternates, is present. The

• Page 28, Line 23commission may establish and maintain facilities as may be

• Page 28, Line 24necessary for the transaction of its business. The commission

• Page 28, Line 25may acquire, hold, and convey real and personal property and

• Page 28, Line 26any interest in that property.

• (c)  The commission shall have a seal.

• Page 29, Line 1(d)  The commission shall elect annually, from among its

• Page 29, Line 2members, a presiding officer, a vice-presiding officer, and a

• Page 29, Line 3treasurer. The commission shall appoint an executive director

• Page 29, Line 4and fix the executive director's duties and compensation. The

• Page 29, Line 5executive director shall serve at the pleasure of the

• Page 29, Line 6commission. The executive director, the treasurer, and other

• Page 29, Line 7personnel as the commission designates shall be bonded. The amounts of the bonds are determined by the commission.

• Page 29, Line 8(e)  Notwithstanding the civil service, personnel, or other

• Page 29, Line 9merit system laws of any of the party states, the executive

• Page 29, Line 10director, with the approval of the commission, shall appoint,

• Page 29, Line 11remove, or discharge personnel as may be necessary for the

• Page 29, Line 12performance of the commission's functions and shall fix the duties and compensation of personnel.

• Page 29, Line 13(f)  The commission may establish and maintain,

• Page 29, Line 14independently or in conjunction with a party state, a suitable

• Page 29, Line 15retirement system for its employees. Employees of the

• Page 29, Line 16commission are eligible for social security coverage in respect

• Page 29, Line 17of old age and survivor's insurance provided that the

• Page 29, Line 18commission takes steps necessary pursuant to the laws of the

• Page 29, Line 19United States to participate in a program of insurance as a

• Page 29, Line 20governmental agency or unit. The commission may establish and

• Page 29, Line 21maintain or participate in additional programs of employee benefits as it deems appropriate.

• Page 29, Line 22(g)  The commission may borrow, accept, or contract for

• Page 29, Line 23the services of personnel from any state, the United States, or

• Page 30, Line 1any other governmental agency or from any person, firm, association, or corporation.

• Page 30, Line 2(h)  The commission may accept for any of its purposes and

• Page 30, Line 3functions under this compact any and all donations, and grants

• Page 30, Line 4of money, equipment, supplies, materials, and services,

• Page 30, Line 5conditional or otherwise, from any state, the United States, or

• Page 30, Line 6any other governmental agency, or from any person, firm,

• Page 30, Line 7association, or corporation, and may receive, utilize, and dispose

• Page 30, Line 8of the same. Any donation or grant accepted by the commission

• Page 30, Line 9pursuant to this subsection (6)(h) or services borrowed pursuant

• Page 30, Line 10to subsection (6)(g) of this section shall be reported in the

• Page 30, Line 11annual report of the commission. The report shall include the

• Page 30, Line 12nature, amount, and conditions, if any, of the donation, grant, or services borrowed and the identity of the donor or lender.

• Page 30, Line 13(i)  The commission shall adopt bylaws for the conduct of

• Page 30, Line 14its business and has the power to amend and rescind these

• Page 30, Line 15bylaws. The commission shall publish its bylaws in convenient

• Page 30, Line 16form and file a copy of its bylaws and a copy of any amendment

• Page 30, Line 17to the bylaws with the appropriate agency or officer in each of the party states.

• Page 30, Line 18(j)  The commission annually shall make to each party

• Page 30, Line 19state's governor, legislature, and advisory body required by

• Page 30, Line 20subsection (6)(a) of this section a report covering the activities

• Page 30, Line 21of the commission for the preceding year and embodying the

• Page 30, Line 22recommendations made by the commission. The commission may make additional reports as it deems desirable.

• Page 30, Line 23(7)  Advisory, technical, and regional committees.The

• Page 31, Line 1commission shall establish advisory, technical, and regional

• Page 31, Line 2committees as it deems necessary, membership on which includes

• Page 31, Line 3private persons and public officials, and shall cooperate with

• Page 31, Line 4the use and services of any committees and the organizations

• Page 31, Line 5that the members represent in furthering any of its activities.

• Page 31, Line 6The committees may be formed to consider problems of special

• Page 31, Line 7interest to any party states, problems dealing with particular

• Page 31, Line 8commodities or types of mining operations, problems related to

• Page 31, Line 9reclamation, development, or use of mined land, or any other matters of concern to the commission.

• Page 31, Line 10(8)  Finance. (a)  The commission shall submit to the

• Page 31, Line 11governor or designated officer or officers of each party state

• Page 31, Line 12a budget of its estimated expenditures for such period as may be

• Page 31, Line 13required by the laws of that party state for presentation to the legislature.

• Page 31, Line 14(b)  Each of the commission's budgets of estimated

• Page 31, Line 15expenditures shall contain specific recommendations of the

• Page 31, Line 16amount or amounts to be appropriated by each of the party

• Page 31, Line 17states. The total amount of appropriations requested under any

• Page 31, Line 18budget shall be apportioned among the party states as follows:

• Page 31, Line 19One-half in equal shares and the remainder in proportion to the

• Page 31, Line 20value of minerals, ores, and other solid matter mined. In

• Page 31, Line 21determining the values, the commission shall employ available

• Page 31, Line 22public sources of information as, in its judgment, present the

• Page 31, Line 23most equitable and accurate comparisons among the party

• Page 31, Line 24states. Each of the commission's budgets of estimated

• Page 31, Line 25expenditures and requests for appropriations shall indicate the

• Page 32, Line 1source or sources used in obtaining information concerning the value of minerals, ores, and other solid matter mined.

• Page 32, Line 2(c)  The commission shall not pledge the credit of any

• Page 32, Line 3party state. The commission may meet any of its obligations in

• Page 32, Line 4whole or in part with funds available to it under subsection

• Page 32, Line 5(6)(h) of this section; provided that the commission takes specific

• Page 32, Line 6action setting aside the funds prior to incurring any obligation

• Page 32, Line 7to be met in whole or in part in such manner. Except where the

• Page 32, Line 8commission makes use of funds available to it under subsection

• Page 32, Line 9(6)(h) of this section, the commission shall not incur any

• Page 32, Line 10obligation prior to the allotment of funds by the party states adequate to meet the same.

• Page 32, Line 11(d)  The commission shall keep accurate accounts of all

• Page 32, Line 12receipts and disbursements. The receipts and disbursements of

• Page 32, Line 13the commission are subject to the audit and accounting

• Page 32, Line 14procedures established under its bylaws. All receipts and

• Page 32, Line 15disbursements of funds handled by the commission shall be

• Page 32, Line 16audited yearly by a qualified public accountant, and the report

• Page 32, Line 17of the audit shall be included in and become part of the annual report of the commission.

• Page 32, Line 18(e)  The accounts of the commission shall be open at any

• Page 32, Line 19reasonable time for inspection by duly constituted officers of

• Page 32, Line 20the party states and by any persons authorized by the commission.

• Page 32, Line 21(f)  This compact shall not be construed to prevent

• Page 32, Line 22commission compliance with laws relating to the audit or

• Page 32, Line 23inspection of accounts by or on behalf of any government contributing to the support of the commission.

• Page 33, Line 1(9)  Entry into force and withdrawal. (a)  This compact shall

• Page 33, Line 2enter into force when enacted into law by any four or more

• Page 33, Line 3states. After that enactment, this compact becomes effective as to any other state upon its enactment of the compact.

• Page 33, Line 4(b)  Any party state may withdraw from this compact by

• Page 33, Line 5enacting a statute repealing the compact, but withdrawal does

• Page 33, Line 6not take effect until one year after the governor of the

• Page 33, Line 7withdrawing state has given notice in writing of the withdrawal

• Page 33, Line 8to the governors of all other party states. A withdrawal does

• Page 33, Line 9not affect any liability already incurred by or chargeable to a party state prior to the time of withdrawal.

• Page 33, Line 10(10)  Effect on other laws.This compact does not limit, repeal, or supersede any other law of any party state.

• Page 33, Line 11(11)  Construction and severability.This compact shall be

• Page 33, Line 12liberally construed so as to effectuate the purposes of the

• Page 33, Line 13compact. The provisions of this compact are severable and if any

• Page 33, Line 14phrase, clause, sentence, or provision of this compact is declared

• Page 33, Line 15to be contrary to the constitution of any state or of the United

• Page 33, Line 16States, or the applicability of the compact to any government,

• Page 33, Line 17agency, person, or circumstance is held invalid, the validity of

• Page 33, Line 18the remainder of this compact and the applicability of the

• Page 33, Line 19compact to any government, agency, person, or circumstance is

• Page 33, Line 20not affected. If this compact is held contrary to the

• Page 33, Line 21constitution of any state participating in the compact, the

• Page 33, Line 22compact remains in full force and effect as to the remaining

• Page 33, Line 23party states and in full force and effect as to the state affected as to all severable matters.

• Page 34, Line 124-60-5004.  Membership and applicability. (1)  The governor

• Page 34, Line 2may appoint a designee to serve as the governor's official

• Page 34, Line 3representative to the compact and to perform all functions in connection with the business of the compact.

• Page 34, Line 4(2)  Provisions and policies of the interstate mining

• Page 34, Line 5compact may not be construed to limit, repeal, or supersede any law of the state of Colorado.

• Page 34, Line 6(3) (a)  The governor and the legislature, or agents of

• Page 34, Line 7either, may inspect the books and accounts of the commission at any reasonable time while the state is a member.

• Page 34, Line 8(b)  A copy of the bylaws of the commission must be placed

• Page 34, Line 9on file with the department of natural resources and be

• Page 34, Line 10available for inspection at any reasonable time by the legislature or any interested citizen.

• Page 34, Line 11(4)  The state of Colorado is not liable for the obligations or solvency of:

• Page 34, Line 12(a)  The retirement system described in section 24-60-5003 (6)(f); or

• Page 34, Line 13(b)  A program of employee benefits described in section 24-60-5003 (6)(f).

• Page 34, Line 1424-60-5005.  Expenses.The department of natural

• Page 34, Line 15resources may pay annually the annual membership dues

• Page 34, Line 16payable to the commission for the membership of the state of

• Page 34, Line 17Colorado in that organization. The membership dues shall be

• Page 34, Line 18paid from money collected from mining fees, abandoned mine

• Page 34, Line 19land fees and funds, or natural resource operations or from

• Page 35, Line 1money granted to the state by the federal office of surface mining reclamation and enforcement.

• Page 35, Line 2SECTION 20.  Appropriation. For the 2025-26 state fiscal year,

• Page 35, Line 3$1,440 is appropriated to the department of natural resources for use by

• Page 35, Line 4the division of reclamation, mining, and safety. This appropriation is from

• Page 35, Line 5the mined land reclamation fund created in section 34-32-127 (1)(a),

• Page 35, Line 6C.R.S. To implement this act, the division may use this appropriation for program costs related to minerals.

• Page 35, Line 7SECTION 21.  Act subject to petition - effective date. This act

• Page 35, Line 8takes effect at 12:01 a.m. on the day following the expiration of the

• Page 35, Line 9ninety-day period after final adjournment of the general assembly; except

• Page 35, Line 10that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 35, Line 11of the state constitution against this act or an item, section, or part of this

• Page 35, Line 12act within such period, then the act, item, section, or part will not take

• Page 35, Line 13effect unless approved by the people at the general election to be held in

• Page 35, Line 14November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.