Mining - Legislative Declaration and Definitions

C.R.S. tit. 34, art. 20

in effect

C.R.S. § 34-20-101 Legislative declaration

34-20-101. Legislative declaration. The general assembly hereby finds and declares that the extraction of mineral resources is a necessary and proper activity and that the achievement of safe and healthful conditions and practices in mines in this state can only be accomplished with the cooperation and coordination of the operators of such mines, the miners who work in the mines, and the state and federal government. The general assembly recognizes that the mining industry is vital to the economy of this state and that the state's mineral and energy resources are of commercial and strategic value to the entire country. The general assembly also recognizes that the efficient development of such resources provides jobs and generates revenues for state and local economies and that such development should be conducted in a manner which protects the health and safety of the miners and of the general public. The general assembly further finds and declares that all mines as defined under federal law are subject to federal regulation. It is the intent of the general assembly to recognize the existence of the federal mine safety laws and to provide a means whereby the state can assist, upon request, mine operators and miners in their attempts to comply with those laws. The general assembly also recognizes that nonproducing mines and mines that are open to the public are not regulated by the federal government. It is the intent of the general assembly to provide an inspection program for such mines to assist in protecting the health and safety of the general public touring such operations. The general assembly hereby recognizes that the "Federal Mine Safety and Health Act of 1977", as amended, Pub.L. 95-164, provides for the proper ventilation of mines and the construction of escapement shafts. The general assembly declares that it is the intent of the general assembly that all mines in the state of Colorado that are subject to said federal law shall comply with said requirements for ventilation and escapement shafts.

C.R.S. § 34-20-102 Definitions

34-20-102. Definitions. As used in articles 20 to 25 of this title 34, unless the context otherwise requires: (1) "Approved" means confirmed by the commissioner of mines or his designee. (2) "Authorized representative" means a person employed by the division and authorized by the director to conduct safety and health studies, equipment surveys, tests, and technical assistance visits and to perform other duties assigned by the director. (3) "Board" means the coal mine board of examiners. (4) "Coal mine" means an area of land and all structures, facilities, machinery, tools, equipment, shafts, slopes, tunnels, excavations, and other property, real or personal, placed upon, under, or above the surface of such land by any person and used in, to be used in, or resulting from the work of extracting in such bituminous coal, lignite, or anthracite from its natural deposits in the earth by any means or method, including the work of preparing the coal so extracted, and such term includes custom coal preparation facilities. (5) "Commissioner" means the commissioner of mines. (6) "Department" means the department of natural resources. (7) "Director" means the director of the division of reclamation, mining, and safety in the department of natural resources. (8) "Division" means the division of reclamation, mining, and safety in the department of natural resources. (9) (a) "Mine" means: (I) Any area of land from which minerals are extracted in nonliquid form or are extracted in a liquid form while workers are underground; (II) Private ways and roads appurtenant to such area; and (III) Lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property, including impoundments, retention dams, and tailing ponds, on the surface or underground, used in, or to be used in, or resulting from the work of extracting such minerals from their natural deposits in nonliquid form or, if in liquid form, used by workers underground or used or to be used in the milling of such minerals or the work of preparing coal or other minerals. (b) "Mine" does not include the facilities defined in section 12-115-103 (9), nor does it include earthen dams, sand and gravel pits, clay pits, or rock and stone quarries, including surface limestone and dolomite quarries. (10) "Miner" means any individual working in a mine. (11) "Operator" means any owner, lessee, or other person who operates, controls, or supervises a mine or an independent contractor performing services or construction at such mine. (12) "Tourist mine" means a nonproducing mine not regulated by the federal government that is open to the general public for tours. (13) "Work of preparing the coal" means the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, and loading of bituminous coal, lignite, or anthracite and such other work of preparing such coal as is usually done by the operator of the coal mine.

C.R.S. § 34-20-103 Division of reclamation, mining, and safety - creation - powers and duties - transfer of functions and property

34-20-103. Division of reclamation, mining, and safety - creation - powers and duties - transfer of functions and property. (1) There is created the division of reclamation, mining, and safety in the department of natural resources. Pursuant to section 13 of article XII of the state constitution, the executive director of the department of natural resources shall appoint the director of the division of reclamation, mining, and safety, and the director shall appoint such employees as are necessary to carry out the duties and exercise the powers conferred by law upon the division and the director. Appointing authority for such employees may be delegated by the director to the heads of the offices in the division as appropriate. The division of reclamation, mining, and safety and the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources. (2) The division shall consist of the office of active and inactive mines, created in article 21 of this title, the coal mine board of examiners, created in article 22 of this title, and the office of mined land reclamation and the mined land reclamation board, created in article 32 of this title. (3) The division of reclamation, mining, and safety shall be responsible for the administration of articles 20 to 25, 32, and 33 of this title through the office of active and inactive mines and the office of mined land reclamation. (4) to (6) (Deleted by amendment, L. 2006, p. 214, § 8, effective August 7, 2006.) (7) The director of the division of reclamation, mining, and safety shall prepare and submit to the executive director of the department of natural resources a plan for encouraging the development of minerals in the state. The plan must be formulated based upon the recommendations of the other divisions in the department. (8) The director of the division of reclamation, mining, and safety shall: (a) Conceive and develop long range and strategic plans and policies; (b) Compile and disseminate information on Colorado's mineral opportunities, analyze and identify constraints which may affect development, resolve problems, and promote resource utilization; (c) Work with other state economic development planners to help establish a consistent state minerals and energy development policy and long range plans for economic mineral development; (d) Coordinate with federal agencies on proposed land uses, policies, legislation, and regulation; (e) Provide or support Colorado government liaison with federal agencies and alert the department to developments or opportunities; and (f) Consult with local governments, public interest groups, environmental groups, and constituency groups where necessary to promote a sound and balanced approach to minerals development. (9) Repealed.

C.R.S. § 34-20-104 Minerals, energy, and geology policy advisory board - creation

34-20-104. Minerals, energy, and geology policy advisory board - creation. (Repealed)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-34.docxFetched: 10/6/2026