A Guide to the Colorado Historical, Prehistorical & Archaeological Resources Act Requirements, Process, and Compliance

The Colorado Historical, Prehistorical & Archaeological Resources Act (CHPAA) is a crucial piece of legislation that safeguards the state's invaluable cultural heritage. This comprehensive guide dives deep into the intricacies of the CHPAA, exploring its applicability, key provisions, and compliance obligations. By delving into the Act's regulatory standards, monitoring requirements, and enforcement mechanisms, readers will gain a thorough understanding of how to navigate the complexities of historical and archaeological resource protection in Colorado. The guide also highlights recent developments shaping the current regulatory landscape and provides a curated list of additional resources for further exploration. With a strong focus on practical insights and actionable information, this guide serves as an indispensable tool for effectively managing projects while ensuring the preservation of Colorado's irreplaceable cultural assets.

GENERAL INFORMATION

Key Details of the Colorado Historical, Prehistorical & Archaeological Resources Act

Issuing Agency: Colorado Historical Society
Year Established: 1973
Last Amended: 2014
Statutory Authority: Colorado Historical, Prehistorical, and Archaeological Resources Act
Primary Legal Reference: Colorado Revised Statutes, Title 24, Article 80, Sections 401-410[^0]

Overview of the Colorado Historical, Prehistorical & Archaeological Resources Act

The Colorado Historical, Prehistorical & Archaeological Resources Act operates within the broader framework of the Colorado State Historic Preservation Office (SHPO) and the National Historic Preservation Act (NHPA) at the federal level.[^1] The Act addresses the preservation and protection of historical, prehistorical, and archaeological resources within the state of Colorado.[^2]

The primary state agency involved in the administration and enforcement of the Act is the Colorado Historical Society.[^3] The Act was first enacted in 1973 and has undergone several amendments, with the most recent significant changes occurring in 2014.[^4]

The Act's general approach to achieving its goals involves prohibiting the unauthorized collection, excavation, or disturbance of historical, prehistorical, and archaeological resources on state lands.[^5] It also establishes a permitting system for the excavation of such resources and requires state agencies to consider the impact of their activities on these resources.[^6]

What does the Colorado Historical, Prehistorical & Archaeological Resources Act protect?

The Colorado Historical, Prehistorical & Archaeological Resources Act protects historical, prehistorical, and archaeological resources found on state lands within Colorado.[^7] These resources include, but are not limited to:

• Artifacts
• Fossils
• Structures
• Sites of historical, prehistorical, or archaeological significance

The Act protects these resources from unauthorized collection, excavation, or disturbance by requiring a permit for any such activities on state lands.[^8] It also mandates that state agencies consider the impact of their activities on these resources and take steps to mitigate any adverse effects.[^9]

[^0]: Colo. Rev. Stat. §§ 24-80-401 to 410 (2021). [^2]: Colo. Rev. Stat. § 24-80-401 (2021). [^3]: Colo. Rev. Stat. § 24-80-402 (2021). [^5]: Colo. Rev. Stat. § 24-80-406 (2021). [^6]: Colo. Rev. Stat. § 24-80-405 (2021). [^7]: Colo. Rev. Stat. § 24-80-401 (2021). [^8]: Colo. Rev. Stat. § 24-80-406 (2021). [^9]: Colo. Rev. Stat. § 24-80-405 (2021).

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Colorado Historical, Prehistorical & Archaeological Resources Act (CHPAA) is a state-level regulation aimed at protecting and preserving the state's cultural heritage by regulating activities that may impact historical, prehistorical, and archaeological resources¹. The Act applies to a wide range of entities, including state agencies, local governments, private developers, and individuals engaged in activities that could potentially disturb or destroy these protected resources.

The CHPAA prohibits the following activities without proper authorization²:

1. Excavating, removing, or destroying any historical, prehistorical, or archaeological resource on state lands.
2. Conducting field investigations or engaging in any activity that will disturb or destroy historical, prehistorical, or archaeological resources on state lands.
3. Selling, purchasing, exchanging, transporting, receiving, or offering to sell, purchase, or exchange any historical, prehistorical, or archaeological resource removed from state lands without proper authorization.

These prohibitions are in place to ensure that Colorado's irreplaceable cultural resources are not lost or damaged due to uncontrolled or unauthorized activities. By requiring entities to obtain permits and follow proper procedures, the CHPAA helps to balance the need for development and land use with the preservation of the state's rich historical and cultural heritage.

Structure and Key Provisions

The Colorado Historical, Prehistorical & Archaeological Resources Act is structured into several key sections that outline definitions, prohibitions, permitting requirements, and enforcement provisions. The following are some of the most important sections of the Act³:

Section 24-80-401: Definitions

This section defines key terms used throughout the Act, such as "historical resource," "prehistorical resource," "archaeological resource," and "state lands."

Section 24-80-402: State Archaeologist - Appointment - Duties

This section establishes the position of the State Archaeologist and outlines their responsibilities, which include developing and maintaining a statewide inventory of cultural resources, providing guidance on the protection and preservation of these resources, and issuing permits for regulated activities.

Section 24-80-405: Prohibited Acts - Penalties

This section lists the activities that are prohibited under the Act and specifies the penalties for violating these prohibitions, which can include fines and imprisonment.

Section 24-80-406: Permits

This section details the permitting requirements for entities seeking to engage in regulated activities on state lands. It outlines the application process, the criteria for permit approval, and the conditions that may be attached to permits to ensure the protection of cultural resources.

It is important for entities engaged in activities that may be subject to the CHPAA to consult the full text of the regulation and work closely with the State Archaeologist and other relevant agencies to ensure compliance with all applicable requirements. The specific provisions and requirements may vary depending on the nature and location of the project, making project-specific guidance essential for navigating the complexities of the Act.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Colorado Historical, Prehistorical & Archaeological Resources Act establishes various standards and limitations to protect the state's cultural resources. These include requirements for obtaining permits before conducting any activities that may impact historical, prehistorical, or archaeological resources on state lands⁴. The Act also sets standards for the proper handling, preservation, and curation of any artifacts or remains discovered during such activities⁵.

Compliance with these standards is enforced through a permitting process administered by the Colorado State Archaeologist and the Colorado Historical Society. Developers and consultants must work closely with these agencies to ensure that their projects meet all applicable standards and limitations under the Act.

Monitoring, Reporting & Recordkeeping Obligations

Under the Colorado Historical, Prehistorical & Archaeological Resources Act, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements. These may include:

• Conducting cultural resource surveys and assessments prior to any ground-disturbing activities⁶
• Maintaining detailed records of all artifacts and remains discovered during the project
• Submitting regular reports to the Colorado State Archaeologist and the Colorado Historical Society on the progress of the project and any cultural resources encountered

Developers and consultants should work closely with the relevant agencies to understand and fulfill the specific monitoring, reporting, and recordkeeping obligations that apply to their projects. Failure to comply with these requirements may result in enforcement actions and penalties⁷.

Enforcement Actions & Penalties

The Colorado Historical, Prehistorical & Archaeological Resources Act authorizes the Colorado State Archaeologist and the Colorado Historical Society to take various enforcement actions against entities that violate the Act's provisions. These may include:

• Issuing notices of violation or cease and desist orders
• Revoking or suspending permits
• Imposing civil penalties of up to $1,000 per violation per day⁸
• Seeking criminal prosecution for willful or knowing violations, which can result in fines of up to $100,000 and imprisonment for up to one year⁹

To avoid enforcement actions and penalties, it is crucial for developers and consultants to proactively comply with all applicable requirements under the Act and engage early with the relevant agencies.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Colorado Historical, Prehistorical & Archaeological Resources Act has undergone several significant developments that have shaped the current regulatory landscape. One notable amendment, passed in 2018, expanded the definition of "historical resource" to include properties that are at least 50 years old and possess sufficient integrity of location, design, setting, materials, workmanship, feeling, and association ¹⁰. This change has broadened the scope of properties that may be subject to the Act's protections and has implications for developers and environmental consultants working on projects involving older structures or sites.

Another important development was the Colorado Supreme Court's decision in Smith v. Colorado Historical Society (2020), which clarified the criteria for determining whether a property qualifies as a "significant" historical resource under the Act ¹¹. The court held that a property must not only meet the age and integrity requirements but also be associated with events, persons, or architectural styles that have made a significant contribution to the broad patterns of Colorado's history. This ruling has provided greater certainty for stakeholders in assessing the potential historical significance of properties.

Looking ahead, there are several proposed amendments to the Colorado Historical, Prehistorical & Archaeological Resources Act that are currently under consideration by the state legislature. One notable proposal would require state agencies to consult with tribal governments when considering actions that may affect properties of cultural significance to Indigenous communities ¹². If adopted, this amendment would enhance the role of tribal governments in the regulatory process and could have implications for projects involving ancestral lands or cultural resources.

To stay informed about these and other regulatory developments, stakeholders can monitor the websites of the Colorado Historical Society and the Colorado Office of Archaeology and Historic Preservation, which regularly post updates on proposed rule changes and opportunities for public comment. Joining the mailing lists of these agencies and engaging with industry associations, such as the Colorado Preservation, Inc. or the Colorado Archaeological Society, can also help stakeholders stay apprised of the latest regulatory news and participate in the policy-making process.

Additional Resources