2023 Colorado Revised Statutes › Title 34 - MINERAL RESOURCES (§§ 34-1-100.5 — 34-70-101) › MINES AND MINERALS (§§ 34-20-101 — 34-54-107) › MINED LAND RECLAMATION (§§ 34-32-101 — 34-34-101) › Article 32 - COLORADO MINED LAND RECLAMATION ACT (§§ 34-32-101 — 34-32-127) › Section 34-32-105 - Office of mined land reclamation - mined land reclamation board - created

(1)
There is created, in the division of reclamation, mining, and safety in the department of natural resources, the office of mined land reclamation and, in the department of natural resources, the mined land reclamation board. The head of the office of mined land reclamation is appointed by the director. The head of the office of mined land reclamation must have professional and supervisory experience in mined land reclamation, mining, or natural resource planning and management. The office of mined land reclamation is a
type 2
entity, as defined in section
24-1-105
.
(2)
(a)
The board consists of seven members as follows:
(I)
The executive director or the executive director's designee, who shall serve as secretary to the board;
(II)
A member of the state conservation board appointed by such board; and
(III)
Five persons appointed by the governor with the consent of the senate. Such appointed members shall be:
(A)
Three individuals with substantial experience in agriculture or conservation, no more than two of whom shall have had experience in agriculture or conservation; and
(B)
Two individuals with substantial experience in the mining industry.
(b)
Members appointed to the board shall serve for terms of four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Vacancies shall be filled in the same manner as original appointments for the balance of the unexpired term.
(c)
All members of the board:
(I)
Shall be residents of the state of Colorado; and
(II)
Except for the executive director, are entitled to receive compensation for their service on the board at the rate of fifty dollars per diem and to be reimbursed for necessary expenses incurred in the performance of their duties on the board.
(d)
The board shall, by majority vote of all members, elect its chair from among the appointed members biennially.
(3)
The mined land reclamation board is a
type 1
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions specified in this article 32 under the department.
(4)
The board shall have jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this article.
Amended by 2022 Ch. 469, §164, eff. 8/10/2022.
Amended by 2022 Ch. 2, §103, eff. 2/25/2022.
L. 76: Entire article R&RE, p. 727, § 1, effective July 1. L. 88: (1) and (2) amended, p. 1202, § 4, effective July 1. L. 91: (2) amended, p. 1432, § 3, effective July 1. L. 92: (1) amended, p. 1938, § 34, effective July 1. L. 2002: (2) amended, p. 514, § 5, effective July 1. L. 2006: (1) amended, p. 217, § 12, effective August 7.
This section is similar to former § 34-32-105 as it existed prior to 1976.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).