School of Mines

C.R.S. tit. 23, art. 41
in effect

C.R.S. § 23-41-101 Location - powers

23-41-101. Location - powers. The state school of mines, located at Golden in the county of Jefferson, is declared to be a body corporate under the name of "Colorado school of mines"; and, by that name, it may sue and be sued; may take and hold real and personal property by gift, bequest, devise, or purchase for the state; and may sell and dispose of the same when authorized so to do by law.

C.R.S. § 23-41-102 Board of trustees - term

23-41-102. Board of trustees - term. (1) (a) There is created a board of trustees of the Colorado school of mines to be composed of nine members. Seven members shall be appointed by the governor to terms of up to four years, expiring on December 31 of the third calendar year following the calendar year in which the member is appointed; except that the terms shall be staggered so that no more than four members' terms expire in the same year. (b) Of the seven members appointed by the governor, no more than four members may be affiliated with the same political party. In appointing members to the board of trustees, the governor shall ensure that no more than two of the members serving on the board of trustees at any one time reside outside the state of Colorado. In addition, the governor shall base the appointments on consideration of: (I) An appointee's professional background related to the industries and fields for which the Colorado school of mines prepares students for employment and in which the faculty of the institution conduct research; (II) Other areas of professional expertise that an appointee may bring to the appointee's service on the board of trustees; and (III) The appointee's commitment to using the appointee's personal time and efforts to serve and support the Colorado school of mines. (c) The two remaining member positions shall be filled by: (I) An elected member of the student body who is a full-time junior or senior student at the Colorado school of mines. The term of the elected student member's office is one year, beginning on July 1. The elected student member is advisory, without the right to vote. As used in this subsection (1), "full-time student" has the same definition as "full-time equivalent student" used by the joint budget committee of the general assembly. (II) A full-time member of the academic faculty of the Colorado school of mines elected by a majority of at least sixty-seven percent of the academic faculty. Elected faculty members serve two-year terms commencing January 1 of each odd-numbered year. The elected faculty member is advisory, without the right to vote. (2) Members shall hold their offices for the terms for which they have been appointed and until their successors are appointed and qualified. Any four of the members of the board appointed by the governor constitute a quorum for the transaction of business. The board has such powers and shall perform such duties as specified in the laws creating the institution and providing for its maintenance. (3) (Deleted by amendment, L. 2022.)

C.R.S. § 23-41-103 Oath or affirmation of trustees

23-41-103. Oath or affirmation of trustees. Every trustee shall take an oath or affirmation in accordance with section 24-12-101.

C.R.S. § 23-41-103.5 The Colorado school of mines fund - creation - control - use

23-41-103.5. The Colorado school of mines fund - creation - control - use. (1) There is hereby created in the state treasury the Colorado school of mines fund which shall be under the control of and administered by the board of trustees of the Colorado school of mines in accordance with the provisions of this article. The board of trustees shall have authority and responsibility for all moneys of the board of trustees and of Colorado school of mines. The board of trustees shall designate, pursuant to its constitutional and statutory authority, those moneys received or acquired by the board of trustees or by the Colorado school of mines, whether by appropriation, grant, contract, or gift, by sale or lease of surplus real or personal property, or by any other means, whose disposition is not otherwise provided for by law, that shall be credited to the fund. All interest derived from the deposit and investment of moneys in the fund must be credited to the fund. The moneys in the fund are hereby continuously appropriated to the board of trustees and shall remain in the fund under the control of the board of trustees and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. (2) The moneys in the Colorado school of mines fund shall be used by the board of trustees of the Colorado school of mines in carrying out its statutory powers and duties. (3) Moneys in the Colorado school of mines fund that are not needed for immediate use by the board of trustees of the Colorado school of mines may be invested by the state treasurer in investments authorized by sections 24-36-109, 24-36-112, and 24-36-113, C.R.S. The board of trustees shall determine the amount of moneys in the fund that may be invested and shall notify the state treasurer in writing of such amount. (4) If the board of trustees votes to invest Colorado school of mines assets pursuant to sections 23-41-103.6 and 23-41-103.7, the board shall establish an investment advisory committee consisting of at least five members to make recommendations to the board regarding investments. The investment advisory committee may include the treasurer of the board and up to three representatives from the financial community.

C.R.S. § 23-41-103.6 Investments in consolidated funds

23-41-103.6. Investments in consolidated funds. Unless otherwise restrained by the terms of a will, trust agreement, or other instrument of gift, the board of trustees may hold investments in one or more consolidated investment funds in which the participating trusts or accounts have undivided interests. To the extent permitted by law, the board may also transfer money for investment in consolidated funds held by a related entity so long as the investments are separately accounted for.

C.R.S. § 23-41-103.7 Corporate stock in name of nominee authorized

23-41-103.7. Corporate stock in name of nominee authorized. (1) In order to facilitate the investment, reinvestment, sale, and disposition of corporate stocks, the board of trustees may hold certificates of stock in the name of a nominee of its selection without disclosing the fact that the certificates are held by the board of trustees or are held in a fiduciary capacity if: (a) The records of the board of trustees and all reports or accounts rendered by it clearly show the ownership of the stock by the board and the facts regarding the board's holding; and (b) The nominee deposits with the board of trustees a signed statement showing the trust ownership, endorses the stock certificate in blank, and does not have possession of or access to the stock certificate except under the immediate supervision of the treasurer of Colorado school of mines or another person that the board of trustees has designated. (2) The board of trustees shall maintain a list of certificates of stock held in the names of nominees pursuant to this section and shall make the list available for public inspection during normal business hours. (3) The board of trustees shall report to the joint budget committee of the general assembly at each regular session, beginning after August 7, 2013, regarding the investments made and the earnings or losses derived therefrom under the provisions of this section and section 23-41-103.6. The report must include information indicating the extent to which the investment managers hired by the board of trustees have achieved or failed to achieve the performance benchmarks established pursuant to section 23-41-103.8 (1)(b).

C.R.S. § 23-41-103.8 Investment policy - fiduciary responsibility

23-41-103.8. Investment policy - fiduciary responsibility. (1) If the board of trustees votes to invest Colorado school of mines assets pursuant to sections 23-41-103.6 and 23-41-103.7, then the board of trustees shall develop and annually review a written investment policy for Colorado school of mines, which policy shall include: (a) An acknowledgment by the board of trustees of the board's fiduciary responsibility with respect to oversight of the investment policy of Colorado school of mines; and (b) The establishment of performance benchmarks for each investment manager hired by the board of trustees pursuant to sections 23-41-103.6 and 23-41-103.7. (2) If the board of trustees votes to invest moneys pursuant to sections 23-41-103.6 and 23-41-103.7, the board shall require annual financial statements to be submitted to the board of trustees, the state treasurer, the state auditor, and the joint budget committee of the general assembly. The financial statements must include, at a minimum, information concerning investment income, gains, and losses, if any, of Colorado school of mines. The financial statements must report the performance of investments on both a gross-of-fee and a net-of-fee basis. (3) If the board of trustees votes to invest moneys pursuant to sections 23-41-103.6 and 23-41-103.7, the board shall ensure that, at all times, liquid investment assets remain at a level sufficient to pay for all budgeted, outstanding operational obligations and expenses occurring within the current fiscal year. (4) Colorado school of mines shall not request from the general assembly any general fund appropriations to replace any losses incurred due to investment activities conducted by the board of trustees pursuant to sections 23-41-103.6 and 23-41-103.7.

C.R.S. § 23-41-104 Control - management

23-41-104. Control - management. (1) The board of trustees has the control and management of the Colorado school of mines and of the property belonging thereto, subject to the laws of this state, and may make all needful bylaws and regulations for the government of said board and for the management and government of the Colorado school of mines not inconsistent with the laws of this state. (2) The board of trustees may lease, for terms not exceeding ninety-nine years, real or personal property, or both, to state or federal governmental agencies, persons, or entities, public or private, for the construction, use, operation, maintenance, and improvement of research and development facilities, health and recreation facilities, dormitories, and living, dining, and group housing buildings and facilities or for any of such purposes and to buy land and construct buildings and facilities therefor. Neither the grounds so leased nor any of the improvements constructed on the grounds shall be used in any manner that discriminates against anyone because of race, creed, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression. The board of trustees may borrow money in conjunction with the construction and leases and assist in effecting any of those purposes. Any actions taken prior to May 27, 1965, by the board of trustees consistent with any power granted in this subsection (2) are ratified and validated. (3) The board of trustees has the power to borrow funds, to issue securities and refunding securities, and to pledge income, fees, and revenues, as provided in sections 23-5-102 and 23-5-103. In addition to the purposes therein set forth, it may issue bonds, warrants, or certificates of indebtedness thereunder for constructing, purchasing, or otherwise acquiring, extending, and equipping research and development facilities and land for such purposes to be owned by the Colorado school of mines for the benefit of the Colorado school of mines or for the use of its students and employees. Research and development facilities and land acquired may also be used in part by such state or federal governmental agencies, persons, or entities, public or private, as may contract or enter into leases with the Colorado school of mines. Net income derived or anticipated to be derived from such facilities and land may be pledged, alone or with other sources, as authorized by section 23-5-103, to the payment of any securities or refunding securities issued pursuant to sections 23-5-102 and 23-5-103. (4) The board of trustees has the power to lease portions of the college grounds to private persons and corporations for the construction of research and development facilities, health and recreation facilities, dormitories, and living, dining, or group housing buildings and facilities and to rent, lease, maintain, operate, and purchase such buildings and facilities. In exercising the powers conferred on it by this subsection (4), the board of trustees is authorized to enter into agreements which establish fixed rental rates for the full term of any lease, to let individual rooms and quarters within leased buildings and facilities at such rental rates as are approved by the board and prescribed in the lease, and to enter into agreements not to alter such rates during the term of any lease agreement without the prior consent of the lessor or his assigns. (5) Nothing in subsections (2), (3), and (4) of this section shall constitute any authority to enter into any contract which in any way creates any debt or obligation upon the state on account of the construction of such buildings, improvements, or facilities. ter into agreements not to alter such rates during the term of any lease agreement without the prior consent of the lessor or his assigns. (5) Nothing in subsections (2), (3), and (4) of this section shall constitute any authority to enter into any contract which in any way creates any debt or obligation upon the state on account of the construction of such buildings, improvements, or facilities. (6) The provisions of this section shall not affect the tax liability on property leased as authorized by this section or leasehold interest resulting therefrom of individuals or corporations which do not qualify for tax exemption pursuant to the provisions of sections 39-3-106 to 39-3-113.5 or 39-3-116, C.R.S. (7) Repealed.

C.R.S. § 23-41-104.5 Hazardous waste remediation - report

23-41-104.5. Hazardous waste remediation - report. (Repealed)

C.R.S. § 23-41-104.6 Performance contract - authorization - operations

23-41-104.6. Performance contract - authorization - operations. (1) The general assembly hereby finds that the Colorado school of mines is an exemplary institution of higher education that has demonstrated a high degree of responsibility and capability with regard to its academic and administrative functions as evidenced by the following: (a) The Colorado school of mines retains and graduates over sixty percent of the students who enroll in the institution; (b) The Colorado school of mines consistently demonstrates that at least ninety percent of its graduates are employed in a field that is relevant to the education they received at the institution and that the average starting salary of those graduates is in excess of the national average for engineering school graduates; (c) The Colorado school of mines continues to receive accreditation reviews from national accrediting organizations that raise no issues with the quality of the engineering programs offered at the institution; (d) Senior students at the Colorado school of mines consistently score above the national average on a standardized exam for engineering school students; (e) Over seventy-five percent of the undergraduate students at the Colorado school of mines receive some form of financial aid; (f) The Colorado school of mines has an endowment that places it among the top fifteen public institutions of higher education in the amount of endowment per student. (2) For the reasons specified in subsection (1) of this section, the general assembly hereby authorizes the Colorado school of mines to operate pursuant to a performance contract, as described in this section, with the department of higher education and the Colorado commission on higher education. The Colorado school of mines shall operate pursuant to a performance contract for the period specified in subsection (4) of this section. (3) The board of trustees of the Colorado school of mines shall negotiate and sign a performance contract with the department of higher education, subject to approval by the Colorado commission on higher education, that specifies the performance goals that the institution shall achieve during the period that it operates under the performance contract. The specified goals must be measurable and specific to the Colorado school of mines' role and mission and include provisions relating to master plan goals and may also include, but need not be limited to, the following issues: (a) Appropriate levels of student enrollment, transfer, retention, and graduation rates, and institutional programs specifically designed to assist students in achieving their academic goals; (b) Student satisfaction and student performance after graduation, including employment and enrollment in graduate programs; (c) Assessment of the quality of the institution's academic programs, including assessment by external reviewers such as accreditation boards and employers and consideration of student performance on national examinations; (d) Increasing financial support to sustain and enhance essential functions that are partially state funded, including: (I) Education, industrial, and federal research capabilities and competitiveness; (II) Student financial aid; (III) Capital construction; and (IV) Technological advancements. (4) (a) The performance contracts negotiated pursuant to this section shall not take effect until approved by a joint resolution adopted by the general assembly. The grounds for rejection of the performance contracts shall include the effect of the provisions of the contracts on the funding for the Colorado school of mines and funding for the statewide system of higher education. al advancements. (4) (a) The performance contracts negotiated pursuant to this section shall not take effect until approved by a joint resolution adopted by the general assembly. The grounds for rejection of the performance contracts shall include the effect of the provisions of the contracts on the funding for the Colorado school of mines and funding for the statewide system of higher education. (b) As early as possible during the 2002 regular session and as early as possible during the 2013 regular session, the Colorado commission on higher education shall present the finalized performance contract for the applicable contract period at a joint session of the education committees of the senate and the house of representatives, or any successor committees, and the joint budget committee of the general assembly. The members of the education committees and the members of the joint budget committee shall review the financial effect of the provisions of the contract with regard to funding for the Colorado school of mines or funding for the statewide system of higher education and may recommend changes to the terms of the performance contract or renegotiation of the performance contract. If a majority of the members of the education committees and the members of the joint budget committee approve the terms of the performance contract, the chairmen of the education committees, in cooperation with the joint budget committee, shall sponsor a joint resolution to recognize and approve the performance contract. The performance contract shall be deemed approved upon final passage of said joint resolution. (c) The school of mines shall operate pursuant to the performance contract that is approved by joint resolution passed during the 2002 regular session beginning on the date the performance contract is approved and continuing through the date on which the governor signs the joint resolution passed during the 2013 regular legislative session that approves the next performance contract. The school of mines shall operate pursuant to the performance contract that is approved by joint resolution passed during the 2013 regular session beginning on the day after the date on which the governor signs the joint resolution and continuing through the date on which the governor signs the joint resolution passed during the 2023 regular legislative session that approves the next performance contract. (5) While operating pursuant to the performance contract negotiated pursuant to this section, the board of trustees of the Colorado school of mines: (a) Shall continue to operate as the governing board for the institution. In addition, the governor may appoint additional advisory members to the board to sustain and enhance the role and mission of the Colorado school of mines. Any additional members of the board of trustees shall serve as nonvoting members of the board and be representative of national and international industries and research and academic institutions. The role of any such advisory members shall be to improve the trustees' opportunities to develop and enrich the academic and research programs at the institution. (b) Need not consult with nor obtain approval from the Colorado commission on higher education to create, modify, or eliminate academic and vocational programs offered by the Colorado school of mines, so long as such creations, modifications, and eliminations are consistent with the institution's statutory role and mission; develop and enrich the academic and research programs at the institution. (b) Need not consult with nor obtain approval from the Colorado commission on higher education to create, modify, or eliminate academic and vocational programs offered by the Colorado school of mines, so long as such creations, modifications, and eliminations are consistent with the institution's statutory role and mission; (c) (I) (A) Shall have sole authority to establish resident and nonresident tuition rates for the Colorado school of mines so long as the school continues to meet the goals specified in the performance contract and to comply with the provisions of section 23-41-104.7. (B) Notwithstanding any provision of sub-subparagraph (A) of this subparagraph (I) to the contrary, for fiscal years 2011-12 through 2015-16, the board of trustees shall have sole authority to establish resident and nonresident tuition rates for the Colorado school of mines; except that the annual percentage increase in resident tuition rates shall not exceed the greater of a percentage equal to two times the rate of the percentage change in the consumer price index for the Denver metropolitan area or, for fiscal years 2011-12 through 2013-14, nine percent, or, for fiscal years 2014-15 and 2015-16, six percent. For fiscal years 2011-12 through 2013-14, the Colorado commission on higher education may approve a greater tuition increase pursuant to section 23-5-130.5. (II) Repealed. (6) While operating pursuant to the performance contract negotiated pursuant to this section, the Colorado school of mines shall: (a) Remain eligible for state-funded capital construction projects and controlled maintenance projects as provided in section 23-1-106; (b) Continue to admit all Colorado resident applicants who meet the admissions criteria of the institution and shall provide equal educational opportunities to all students. (7) and (8) Repealed.

C.R.S. § 23-41-104.7 Funding

23-41-104.7. Funding. (1) (a) Beginning in the 2011-12 fiscal year, the Colorado school of mines shall use a portion of its fee-for-service funding negotiated pursuant to section 23-18-303.5 for the following purposes: (I) To provide merit-based scholarships, need-based financial aid, and graduate student support to assist students with in-state classification to attend the institution; (II) To provide services and programs designed to enhance student success, including but not limited to advising, counseling, academic support, and career services; and (III) To provide precollegiate programs and services designed to increase and broaden participation in science, technology, engineering, and math fields and enrollment at the Colorado school of mines. (b) The Colorado school of mines shall increase the portion of fee-for-service funding used to ensure that, no later than the 2020-21 fiscal year and for each fiscal year thereafter, all fee-for-service funding is used for the purposes set forth in subsection (1)(a) of this section, except as otherwise provided in subsection (2)(b) of this section. (2) (a) (Deleted by amendment, L. 2011, (HB11-1074), ch. 61, p. 159, § 1, effective August 10, 2011.) (b) Beginning in 2020-21 and in any fiscal year thereafter in which the average discounted tuition rate for undergraduate students with in-state classification enrolled at the Colorado school of mines is greater than thirty percent, the institution may use any amount of fee-for-service funding that is not used to maintain the average discounted tuition rate at thirty percent for other operational purposes. As used in this paragraph (b), "average discounted tuition rate" means the total of the amount of merit-based and need-based scholarships and grants awarded from institution funds to undergraduate students with in-state classification enrolled in the institution divided by the total tuition revenue from undergraduate students with in-state classification. (3) (Deleted by amendment, L. 2011, (HB11-1074), ch. 61, p. 159, § 1, effective August 10, 2011.)

C.R.S. § 23-41-105 School established - role and mission

23-41-105. School established - role and mission. There is hereby established a school at Golden, to be known as the Colorado school of mines. The school of mines shall be a specialized baccalaureate and graduate research institution with high admission standards. The Colorado school of mines shall have a unique mission in energy, mineral, and material science and engineering and associated engineering and science fields. The school shall be the primary institution of higher education offering energy, mineral, and material science and mineral engineering degrees at both the graduate and undergraduate levels.

C.R.S. § 23-41-106 May procure machinery

23-41-106. May procure machinery. The board of trustees is authorized to procure such machinery and other appliances and make such necessary additions to the Colorado school of mines buildings as may be necessary to carry out the object and intention of such institution and to promote the welfare thereof whenever the funds provided for the support of said school will warrant the same.

C.R.S. § 23-41-107 Tuition - school open to all

23-41-107. Tuition - school open to all. The Colorado school of mines is open for instruction to all bona fide residents of this state, without regard to sex or color, upon the payment of such reasonable tuition fees as may be prescribed by the board of trustees pursuant to section 23-41-104.6. With the consent of such board, students from other states, territories, or countries may receive education thereat upon such terms and at such rates of tuition as such board may determine.

C.R.S. § 23-41-108 Officers - meeting of board

23-41-108. Officers - meeting of board. The board, at its first meeting and biennially thereafter, shall elect one of its number president of said board, and shall also appoint a secretary and a treasurer, either from its own number or other suitable persons as it may deem best, and prescribe their duties, and, at any time in its discretion, may remove such secretary or treasurer. The meetings of said board shall be held at Golden, Jefferson county, Colorado; except that, when the work of the board so requires in its discretion, it may hold meetings at any other place in the state of Colorado.

C.R.S. § 23-41-109 Vacancies

23-41-109. Vacancies. (1) The governor of this state, with the advice and consent of the senate, at each regular session of the general assembly, shall fill, by appointment, all vacancies in offices of members of said board of trustees appointed by the governor occurring either by expiration of their terms of office or otherwise. Any vacancy in an office of a member of such board appointed by the governor which occurs when the general assembly is not in session may be temporarily filled by the governor until the next meeting of the general assembly, but, at all times, at least one appointed member of said board of trustees shall be a graduate of the Colorado school of mines upon whom a degree has been conferred by its board of trustees not less than ten years prior to his appointment. (2) Commencing with appointments made by the governor in 1977, and at all times thereafter, at least four and not more than five of the appointed members of the board shall be graduates of the Colorado school of mines upon each of whom a degree has been conferred by its board of trustees not less than ten years prior to his appointment. (3) Any vacancy in the elected office on the board shall be filled by reelection for the unexpired term.

C.R.S. § 23-41-110 Treasurer's bond

23-41-110. Treasurer's bond. The board of trustees shall require its treasurer to give such bond as it deems sufficient to protect said institution against loss of any funds which may come into his hands as such treasurer, conditioned for the safekeeping and faithful disbursement thereof. The treasurer of said board shall not pay out any of the funds which shall come into his hands as treasurer, except upon the order of the president of said board countersigned by the secretary thereof.

C.R.S. § 23-41-111 Assays and analyses

23-41-111. Assays and analyses. The president of the faculty of the school of mines, or professor in charge thereof, who shall be appointed by said board of trustees, shall be known as president of the Colorado school of mines. It is lawful for said president to make or have made by any member of the faculty or by students, for residents of Colorado only, assays and analyses of Colorado ores and minerals and to make reports of such results free of charge upon blanks printed for that purpose, which shall, in a conspicuous place, have printed thereon: "The following is the assay or analysis of sample received from .............., and is not to be used in any way for promotion purposes."

C.R.S. § 23-41-112 Transfer of property

23-41-112. Transfer of property. All property, both real and personal, belonging to the Colorado school of mines, shall be vested in the trustees, in trust for the use and benefit of the state of Colorado.

C.R.S. § 23-41-113 Fund used exclusively for school

23-41-113. Fund used exclusively for school. The school of mines fund shall be used solely for the support of the Colorado school of mines and for no other purpose, notwithstanding any provision in the law to establish the office of commissioner of mines.

C.R.S. § 23-41-114 Colorado energy research institute - creation

23-41-114. Colorado energy research institute - creation. (1) There is hereby created at the Colorado school of mines the Colorado energy research institute, which shall be referred to in this section as the "institute". It is the intent of this section that the institute serve as a mechanism for the development of energy and energy-related minerals research programs, including programs at single state or private educational or research institutions and multidisciplinary, interuniversity, government-university, and industry-university energy and energy-related minerals research programs and projects. It is the further intent of this section that the institute provide the mechanism for enhancing the development and promotion of energy and energy-related minerals education programs in the state. (2) The principal administrative officer of the institute shall be the president of the Colorado school of mines, and budgetary and fiscal procedures and activities of the institute shall be under the supervision of the Colorado school of mines. (3) It is the duty of the institute to: (a) Maintain liaison with the state to identify the important regional energy and energy-related minerals problems, including their relationship to the use of the waters of the state; (b) Solicit and determine, through inquiry of and consultation with the executive and legislative branches of the state government and with local governments, the needs of the said branches and governments for energy data and background information relating to the determination of state policy and actions in relation to energy shortages, planning, and long-range options, and to collect, maintain, and provide such data and background material; (c) Promote the development of energy and energy-related minerals research programs and projects in single or multiple disciplines at state and private educational and research institutions; (d) Administer a phase-out program of energy grants to enrolled undergraduates within the higher education system; (e) Develop and promote energy and energy-related minerals education programs in the state; (f) Administer programs of public education in energy development, utilization, and conservation, which shall include, but shall not be limited to, energy status reports, sponsorship of symposia, demonstration programs, and reports on research results; (g) Contract for and to accept any gifts or grants or loans or funds or property or financial or other aid in any form from the United States or any agency or instrumentality thereof, or from the state or any executive or legislative agency thereof, or from any other source and to comply, subject to the provisions of this article, with the terms and conditions thereof, and to have the authority to expend such funds. (h) Repealed. (4) The institute shall conduct: (a) Regular, mutual consultations about its progress in meeting the goals set forth in this section with the department of natural resources; and ive or legislative agency thereof, or from any other source and to comply, subject to the provisions of this article, with the terms and conditions thereof, and to have the authority to expend such funds. (h) Repealed. (4) The institute shall conduct: (a) Regular, mutual consultations about its progress in meeting the goals set forth in this section with the department of natural resources; and (b) The following specific research and educational programs designed to meet the information needs of the department of natural resources, other agencies of the state's executive branch, the legislature, and the public: (I) (A) The collection of primary data on the economic impact of energy industries, emphasizing oil and gas, on municipalities and counties; the establishment of an energy economics database to be housed and maintained in the Colorado school of mines division of economics and business and the establishment of internet access to such database; the development of reliable means of forecasting by the institute's program in energy economics; and support for the analysis, interpretation, and periodic publication of the findings of the economic analysis. (B) For the purposes authorized by this subsection (4)(b)(I), up to five hundred thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended. (II) (A) The development of research in those sectors of geoscience and engineering that are most critical to the formation of renewable energy and continued enhanced production of natural gas and oil from Rocky Mountain reservoirs, including production optimization and resource distribution and synergies with renewable resources. (B) For the purpose authorized by this subsection (4)(b)(II), up to one million dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended. (C) Of the amount specified in subsection (4)(b)(II)(B) of this section: Five hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and five hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars. (III) (A) To inform the public, legislative and regulatory bodies, and working professionals about new technologies and their relationship to traditional sources of energy to promote the public's understanding of how its everyday energy needs are met. (B) For the purpose authorized by this subsection (4)(b)(III), up to three hundred seventy-five thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended. (C) Of the amount specified in subsection (4)(b)(III)(B) of this section: One hundred seventy-five thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and two hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars. (IV) (A) To facilitate economic development by funding local community colleges, colleges, area technical colleges, and vocational schools in regions where energy development is occurring and by providing grants for job training and education resources to advance knowledge and skill development that goes beyond basic research and helps attract, educate, and train people for employment. n dollars. (IV) (A) To facilitate economic development by funding local community colleges, colleges, area technical colleges, and vocational schools in regions where energy development is occurring and by providing grants for job training and education resources to advance knowledge and skill development that goes beyond basic research and helps attract, educate, and train people for employment. (B) For the purpose authorized by this subsection (4)(b)(IV), up to one million dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended. (C) Of the amount specified in subsection (4)(b)(IV)(B) of this section: Five hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and five hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars. (V) (A) To pay the membership dues of the energy council referred to in section 2-3-311 (2)(b), C.R.S. (B) For the purpose authorized by this subsection (4)(b)(V)(B), up to fifty-six thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended. (VI) (A) To provide grants for the development of a central resource for building trade professionals, including contractors, engineers, architects, and designers, for the purpose of increasing available tools and education to advance energy-efficient design and construction. (B) For the purpose authorized by this subsection (4)(b)(VI), up to one hundred twenty-five thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended. (C) Of the amount specified in subsection (4)(b)(VI)(B) of this section: Seventy-five thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and fifty thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars.

C.R.S. § 23-41-115 Advisory council on energy-related minerals research

23-41-115. Advisory council on energy-related minerals research. (Repealed)

C.R.S. § 23-41-116 Rents or charges for buildings and facilities for research

23-41-116. Rents or charges for buildings and facilities for research. The board of trustees is authorized to contract for or impose and collect rents or charges for the use of Colorado school of mines' buildings and facilities for research, including research conducted by or under the auspices of the Colorado school of mines. Such rents or charges shall be at a level reasonably calculated to return or amortize the cost of such buildings and facilities within a reasonable period not exceeding the life of such buildings and facilities; but such user charges or rents may not be imposed and collected in such a manner as to require payment directly or indirectly from the state general fund, tuition receipts, or student fees.

C.R.S. § 23-41-117 Research building revolving fund - appropriation of fund

23-41-117. Research building revolving fund - appropriation of fund. There is established in the office of the state treasurer the Colorado school of mines research building revolving fund, and there shall be credited to said fund the user charges or rents authorized by section 23-41-116 and imposed by the board of trustees, specific appropriations or grants or gifts made to said fund, and the proceeds of the sale of anticipation warrants authorized by section 23-41-118. All such moneys so credited to said fund are appropriated to the Colorado school of mines for the planning, constructing, and equipping of additional research buildings and facilities for the Colorado school of mines.

C.R.S. § 23-41-118 Anticipation warrants

23-41-118. Anticipation warrants. The state treasurer is authorized to issue anticipation warrants in such amounts as requested by the board of trustees, the total amount of which shall not exceed one million dollars, to be repaid exclusively from the user revenues accruing to the Colorado school of mines research building revolving fund as provided in this section and sections 23-41-116 and 23-41-117. The anticipation warrants shall bear interest at a rate not exceeding six percent per annum and shall not be sold at a price less than the face value thereof. Disbursements from said fund shall be only by warrant upon vouchers certified by the board of trustees.

C.R.S. § 23-41-119 Purchase of anticipation warrants

23-41-119. Purchase of anticipation warrants. It is lawful for the state of Colorado, the state treasurer, any department, institution, or agency of the state, or any political subdivision of the state to purchase anticipation warrants issued pursuant to section 23-41-118 if such warrants satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S.; but not more than twenty percent of the total of any specific fund of the state or any of its departments, institutions, agencies, or political subdivisions shall be invested in such warrants.

C.R.S. § 23-41-120 Warrants as security - when

23-41-120. Warrants as security - when. Anticipation warrants issued pursuant to section 23-41-118 may be used as security for any depository bond or obligation where any kind of bonds or other securities must or may, by law, be deposited as security.

C.R.S. § 23-41-121 Tax exemption

23-41-121. Tax exemption. Any anticipation warrants issued pursuant to the provisions of section 23-41-118 by the board of trustees shall be exempt from taxation for state, county, school district, special district, municipal, or any other purpose in the state of Colorado.

C.R.S. § 23-41-122 Borrowing funds

23-41-122. Borrowing funds. For the purpose of obtaining funds for the planning, constructing, and equipping of research buildings and facilities for the Colorado school of mines, the board of trustees is authorized to enter into contracts with any person, corporation, or state or federal government agency for the advancement of money for such purposes and providing for the repayment of such advances with interest from the Colorado school of mines research building revolving fund.

C.R.S. § 23-41-123 Moneys from Colorado school of mines lands

23-41-123. Moneys from Colorado school of mines lands. All moneys that arise from the sale of lands belonging to the Colorado school of mines, or from the leasing of lands belonging to the said school, or from interest arising on the investment of such funds are placed under the exclusive control of the board of trustees of the Colorado school of mines. The state treasurer is instructed to turn over to the board of trustees all the moneys, warrants, bonds, and other securities of any nature that have come from the sale of said lands belonging to said school.

C.R.S. § 23-41-201 Transfer of geological survey - memorandum of understanding - report

23-41-201. Transfer of geological survey - memorandum of understanding - report. (1) With the exception of the Colorado avalanche information center created pursuant to section 24-33-116, on January 31, 2013, the Colorado geological survey and the office of the state geologist and their powers, duties, and functions are transferred from the department of natural resources to the Colorado school of mines. The Colorado geological survey and the office of the state geologist are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the Colorado school of mines. (2) Prior to the transfer, the president of the Colorado school of mines and the executive director of the department of natural resources shall develop and enter into a memorandum of understanding concerning the transfer of the powers, duties, and functions of the geological survey and the office of the state geologist. The memorandum of understanding shall include, but is not limited to, provisions concerning the following: (a) The functions and objectives of the geological survey; (b) The transfer of employees of the geological survey and the office of the state geologist, in conformance with the laws applicable to the employees; (c) The transfer of real and personal property of the geological survey; (d) Existing contracts of the department of natural resources; and (e) Existing appropriations allocated to the Colorado geological survey and the office of the state geologist and the geological survey cash fund. (3) On and after January 31, 2013, whenever the executive director of the department of natural resources or the department of natural resources is referred to or designated by any contract or other document in connection with the powers, duties, and functions transferred to the Colorado school of mines, the reference or designation shall be deemed to apply to the Colorado school of mines. All contracts entered into by the executive director of the department of natural resources prior to January 31, 2013, in connection with the powers, duties, and functions transferred to the Colorado school of mines are hereby validated, with the president of the Colorado school of mines succeeding to all the rights and obligations of such contracts. (4) On January 31, 2013, the unexpended and unencumbered appropriations of funds for the current fiscal year made to the department of natural resources and allocated for the Colorado geological survey and office of the state geologist and that are related to the powers, duties, and functions transferred to the Colorado school of mines shall be transferred to the Colorado school of mines. (5) Repealed. (6) (a) On or before December 1, 2012, and in accordance with the provisions of section 24-1-136 (9), C.R.S., the Colorado school of mines shall report to the joint budget committee, the agriculture, livestock, and natural resources committee of the house of representatives, or its successor committee, and the agriculture, natural resources, and energy committee of the senate, or its successor committee, concerning the transfer of the geological survey and the office of the state geologist to the Colorado school of mines. (b) At a minimum, the report shall include information concerning: (I) Whether the president of the Colorado school of mines and the executive director of the department of natural resources entered into a memorandum of understanding affirming the transfer of the Colorado geological survey and the office of the state geologist to the Colorado school of mines; and (II) The contents of the memorandum of understanding, including a description of the contents of the memorandum of understanding relating to the provisions required pursuant to paragraphs (a) to (e) of subsection (2) of this section.

C.R.S. § 23-41-202 Legislative declaration

23-41-202. Legislative declaration. (1) It is the intent of the general assembly that sufficient funds be provided to cover the direct costs of a base staff and their operating expenses to ensure functional continuity of the Colorado geological survey as provided by statute and as determined pursuant to any memorandum of understanding entered into pursuant to section 23-41-201. The survey shall make appropriate charges for preparation and reproduction of reports, maps, and publications; except that the survey shall not directly compete with consultants by entering into contracts with the general public and industries for providing geological and related services. (2) It is the intent of the general assembly that the Colorado geological survey place primary emphasis on the statutory objectives of recognition and mitigation of geologic risks affecting public health and safety and promotion of economic development of the mineral resources, including, but not limited to, metals, oil, gas, coalbed methane, and aggregate, of Colorado. Such work shall require appropriate consideration to public safety and environmental concerns. Economic development projects proposed or undertaken shall involve basic and applied geologic research and mapping similar to that undertaken by geological surveys in other states and be designed to encourage resource exploration and development by industry. The Colorado geological survey shall not undertake economic development projects that directly compete with the private sector, but shall produce basic data, research reports, and maps useful to consultants and industry. Economic development projects undertaken may be funded by private foundations and federal agencies, industrial consortia or agencies of other states, or by the general fund.

C.R.S. § 23-41-203 Colorado geological survey - created - purpose

23-41-203. Colorado geological survey - created - purpose. (1) There is hereby established the Colorado geological survey within the Colorado school of mines. The Colorado school of mines board of trustees and its designees shall have sole authority to supervise the functions, planning, management, and fiscal procedures of the Colorado geological survey. The purpose of the survey is to encourage by use of appropriate means the full development of the state's natural resources to the benefit of the citizens of the state. (2) Repealed.

C.R.S. § 23-41-204 State geologist - appointment - qualifications

23-41-204. State geologist - appointment - qualifications. The president of the Colorado school of mines shall appoint a state geologist. The state geologist shall be the director of the Colorado geological survey. The state geologist shall be a professional geologist, as defined in section 23-41-208, and shall have professional, managerial, supervisory, practical, and technical experience and knowledge in the use of geology, earth sciences, and natural resource planning and management.

C.R.S. § 23-41-205 Objectives of survey - duties of state geologist

23-41-205. Objectives of survey - duties of state geologist. (1) The Colorado geological survey shall provide assistance to and cooperate with the general public, industries, and agencies of state government, including institutions of higher education. The Colorado school of mines shall determine the priority of the objectives of the Colorado geological survey, subject to available appropriations and consistent with the memorandum of understanding entered into pursuant to section 23-41-201, which objectives shall include: (a) To assist, consult with, and advise existing state and local governmental agencies on geologic problems; (b) To promote economic development of mineral and energy resources; (c) To conduct studies to develop geological information; (d) To inventory and analyze the state's mineral and energy resources as to quantity, chemical composition, physical properties, location, and possible use; (e) To collect and preserve geologic information; (f) To advise the state on transactions dealing with natural resources between state agencies and with other states and the federal government on common problems and studies; (g) To evaluate the physical features of Colorado with reference to present and potential human and animal use; (h) To prepare, publish, and distribute reports, maps, and bulletins when necessary to achieve the purposes of this part 2; (i) To determine areas of natural geologic hazards that could affect the safety of or economic loss to the citizens of Colorado; (j) To advise the state engineer in the promulgation of rules pursuant to article 90.5 of title 37, C.R.S., and to provide other governmental agencies with technical assistance regarding geothermal resources as needed; (k) To conduct scientific studies of how geology affects and controls water resources, especially within Colorado; and (l) To conduct scientific research that advances knowledge and understanding in related fields. (m) Repealed. (2) The duties of the state geologist shall be to fulfill the objectives of this part 2 and, together with the employees of the survey, work for the maximum beneficial and most efficient use of the geologic processes for the protection of and economic benefit to the citizens of Colorado. (3) The state geologist shall, upon receiving a preliminary plan pursuant to section 30-28-136 (1)(i), C.R.S., or a major activity notice pursuant to section 31-23-225, C.R.S., review the plan or notice to determine whether the development or activity which is the subject of the plan or notice will interfere with the extraction of commercial mineral deposits as defined in section 34-1-302, C.R.S. If the state geologist determines that a potential for such interference exists, he or she shall, within twenty-four days after receipt of the plan or notice, notify the appropriate board of county commissioners or governing body of a municipality of the existence of a potential interference. (4) The state geologist shall administer the provisions of section 25-15-202 (4)(b), C.R.S., requiring the Colorado geological survey to review information on an application and make a recommendation on the geological suitability, or the need for further study, of proposed hazardous waste disposal sites for land disposal of hazardous waste and the provisions of section 25-15-216, C.R.S., requiring the Colorado geological survey to conduct a study of the geological suitability of areas of the state for hazardous waste disposal sites. (5) Subject to available appropriations, the geological survey may prepare an annual report describing the status of the mineral industry and describing current influences affecting the growth and viability of the mineral industry in the state, and setting forth recommendations to foster the industry. The geological survey may partner with other agencies or organizations to prepare the annual report.

C.R.S. § 23-41-206 Employees

23-41-206. Employees. The Colorado school of mines may employ such assistants and personnel as may be deemed necessary to carry out the purposes of this part 2, subject to applicable provisions of law.

C.R.S. § 23-41-207 Fees - adjustments - geological survey cash fund - created

23-41-207. Fees - adjustments - geological survey cash fund - created. (1) (a) The Colorado geological survey is authorized to enter into agreements to provide services to the general public, industries, and units of local government and to establish and collect fees to recover direct costs of providing said services pursuant to sections 24-65.1-302 and 30-28-136, C.R.S., and section 23-41-205 or pursuant to agreement; except that this provision shall apply only to those services rendered upon items which a unit of local government is required by statute to submit for review or for such other services as are requested pursuant to an agreement. (b) The Colorado geological survey is authorized to establish and collect fees to recover direct costs of providing services to other agencies of state government pursuant to section 23-41-205. (2) (a) The Colorado geological survey shall propose, as part of its annual budget request, an adjustment in the amount of each fee which it is authorized to collect pursuant to this section. (b) The Colorado geological survey shall adjust its fees so that the revenue generated from said fees approximates its direct costs. Such fees shall remain in effect for the fiscal year for which the budget request applies. All fees collected by the Colorado geological survey shall be transmitted to the state treasurer, who shall credit the same to the geological survey cash fund, which fund is hereby created. All moneys credited to the geological survey cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund. The moneys credited to the geological survey cash fund shall be continuously appropriated to the Colorado geological survey for the purposes of this part 2.

C.R.S. § 23-41-208 Reports concerning geologic information - definitions

23-41-208. Reports concerning geologic information - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Geology" means the science which treats of the earth in general; the earth's processes and its history; investigation of the earth's crust and the rocks and other materials which compose it; and the applied science of utilizing knowledge of the earth's history, processes, constituent rocks, minerals, liquids, gasses, and other materials for the use of mankind; and (b) "Professional geologist" is a person engaged in the practice of geology who is a graduate of an institution of higher education which is accredited by a regional or national accrediting agency, with a minimum of thirty semester (forty-five quarter) hours of undergraduate or graduate work in a field of geology and whose postbaccalaureate training has been in the field of geology with a specific record of an additional five years of geological experience to include no more than two years of graduate work. (2) Any report required by law or by rule and prepared as a result of or based on a geologic study or on geologic data, or which contains information relating to geology and which is to be presented to or is prepared for any state agency, political subdivision of the state, or recognized state or local board or commission, shall be prepared or approved by a professional geologist.

C.R.S. § 23-41-209 Repeal of part or section - notice to the revisor of statutes

23-41-209. Repeal of part or section - notice to the revisor of statutes. (Repealed)

C.R.S. § 23-41-210 Annual report to general assembly - repeal

23-41-210. Annual report to general assembly - repeal. (Repealed)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-23.docxFetched: 10/6/2026

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C.R.S. tit. 23, art. 41 — School of Mines | Colorado Revised Statutes (2024 edition) — Colorado | Corpus