Department of Natural Resources

C.R.S. tit. 24, art. 33
in effect

C.R.S. § 24-33-101 Department of natural resources

24-33-101. Department of natural resources. (1) There is hereby created the department of natural resources, the head of which is the executive director of the department of natural resources. (2) Whenever any law of this state refers to the division of natural resources, said law shall be construed as referring to the department of natural resources, and whenever any law of this state refers to the natural resources coordinator, said law shall be construed as referring to the executive director of the department of natural resources.

C.R.S. § 24-33-102 Powers and duties of the executive director and deputy director

24-33-102. Powers and duties of the executive director and deputy director. (1) The commissioner of mines, who shall be appointed and act pursuant to section 34-21-102, C.R.S., may be the executive director of the department. (2) The executive director shall require of the head of each subordinate agency assigned to the department of natural resources an annual report containing such information and submitted at such time as the executive director decides. (3) The executive director shall exercise control over publications of the department and any division thereof. He shall cause such publications as are approved for circulation in quantity outside the executive branch to be issued in accordance with the provisions of section 24-1-136. (4) The executive director may request from the board of governors of the Colorado state university system such information and statistics concerning forests and forestry in the state and other reports at such times and on such matters as the executive director may require. (5) The executive director has the power and duty to develop, encourage, promote, and implement programs for the prevention, abatement, and control of litter within the state of Colorado. The executive director may enter into such contracts as may be appropriate for the implementation of any such program. (5.5) The executive director shall have such other powers, duties, and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title. (6) The executive director may appoint the deputy director of the department of natural resources, pursuant to section 13 of article XII of the state constitution. Subject to the supervision of the executive director, the deputy director shall have all of the powers, duties, and responsibilities of the executive director as provided by law and shall exercise such powers, duties, and responsibilities in the absence of the executive director and when so instructed by the executive director. (7) No later than ninety days following confirmation by the senate of the public members of the state board of the great outdoors Colorado trust fund, the executive director shall secure a memorandum of understanding among the joint budget committee of the general assembly, the department of natural resources, and the state board of the great outdoors Colorado trust fund establishing policies and procedures which will facilitate cooperation and coordination of efforts concerning investment in and development, operation, and management of the state's parks and wildlife systems.

C.R.S. § 24-33-103 Legislative declaration

24-33-103. Legislative declaration. The state policy shall be to encourage, by every appropriate means, the full development of the state's natural resources to the benefit of all of the citizens of Colorado and shall include, but not be limited to, creation of a resource management plan to integrate the state's efforts to implement and encourage full utilization of each of the natural resources consistent with realistic conservation principles. The governor, through the executive director of the department of natural resources, shall develop and direct the resource management plan and shall be responsible for negotiations with the federal government in all resource and conservation matters.

C.R.S. § 24-33-104 Composition of the department

24-33-104. Composition of the department. (1) The department of natural resources consists of the following commissions, divisions, boards, offices, and councils: (a) The Colorado water conservation board; (b) (Deleted by amendment, L. 2000, p. 556, § 4, effective July 1, 2000.) (c) The state board of land commissioners, subject to the provisions of sections 9 and 10 of article IX of the state constitution; (d) The division of reclamation, mining, and safety, the head of which shall be the director of the division of reclamation, mining, and safety. The director of the division shall also serve as the head of the office of active and inactive mines or the office of mined land reclamation. The director of the division shall have professional and supervisory experience in mining, reclamation, oil and gas, geology, or natural resource planning and management and shall have a college degree from an accredited college or university in mining engineering, petroleum engineering, geological engineering, geology, or related natural/physical sciences, or mineral economics. The division shall consist of the following sections: (I) (Deleted by amendment, L. 92, p. 1919, § 3, effective July 1, 1992.) (II) The office of active and inactive mines; (III) and (IV) Repealed. (V) The office of mined land reclamation. (VI) (Deleted by amendment, L. 2005, p. 1463, § 2, effective July 1, 2005.) (VII) Repealed. (e) The division of water resources, the head of which shall be the state engineer. The division shall consist of the following sections: (I) The office of the state engineer; (II) The division engineers; (III) The ground water commission; (IV) The state board of examiners of water well construction and pump installation contractors. (V) Repealed. (f) The energy and carbon management commission created in section 34-60-104.3 (1); (g) Repealed. (h) The division of parks and wildlife and the parks and wildlife commission; (i) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1383, § 4, effective July 1, 2011.) (j) (Deleted by amendment, L. 92, p. 1919, § 3, effective July 1, 1992.) (k) The division of forestry. (2) Repealed.

C.R.S. § 24-33-105 Executive director given power to contract with Colorado school of mines

24-33-105. Executive director given power to contract with Colorado school of mines. (1) The executive director is hereby given authority to: (a) Enter into contracts with the Colorado school of mines to develop and conduct research concerning: (I) New and more efficient methods of mining, preparing, and utilizing coal; (II) Markets for coal of the western United States and especially that of Colorado; (III) Development in the scientific, technical, and economic fields related to the coal industry; (b) Accept grants from, contract with, and otherwise cooperate with the office of coal research of the United States department of the interior.

C.R.S. § 24-33-107 Acquisition of state lands by department - interests in land

24-33-107. Acquisition of state lands by department - interests in land. (1) Certain state lands under control and supervision of the state board of land commissioners have unique economic or environmental value for the public, but they are legally subject to being sold into private ownership. It is the purpose of this section to authorize interests in such lands other than agricultural or grazing rights therein to be transferred to and held by the department of natural resources in exchange for fair and adequate consideration being transferred to the appropriate trust fund. (2) (a) Whenever the executive director of the department of natural resources is informed that a specific piece of land held by the state board of land commissioners has a characteristic that is alleged to have a unique economic or environmental value for the public, including land under the control of the division of parks and wildlife that has the potential to support renewable energy generation development as contemplated in section 24-33-114, as that section existed prior to its repeal in 2011, and that such characteristic allegedly would be damaged or destroyed if the land passed to private ownership, the executive director may, with the written consent of either the president of the state board of land commissioners or the commissioner of agriculture, give written notification to the board that said land, other than agricultural or grazing rights, is subject to acquisition by the department of natural resources. The notification by the executive director must identify the lands by their appropriate legal description and specify the characteristic of the land that is alleged to have unique economic or environmental value for the public. Not later than during the next regular session of the general assembly, the executive director shall request the necessary authorization and appropriation to enable the department to acquire said land or an interest therein in accordance with this section. (b) Within sixty days after receipt of such notification, the state board of land commissioners shall meet in public session after fifteen days' public notice and hear and receive testimony and evidence concerning the proposed acquisition. Within thirty days after the completion of the hearing, said board shall submit its written findings and recommendations concerning such acquisition to the joint budget committee and to the executive directors of the departments of agriculture and natural resources. Such recommendations may include recommendations for compensation to insure the continued use of grazing and agricultural rights as they existed at the time of the acquisition. (c) Within thirty days following completion of such written findings and recommendations, the president of the state board of land commissioners, the executive director of the department of natural resources, and the commissioner of agriculture shall meet and review said findings and recommendations and may then modify or withdraw the notification given to said board of land commissioners pursuant to paragraph (a) of this subsection (2). To the extent of such withdrawal, all procedures initiated by such notification shall be deemed terminated. (3) All acquisitions from the state board of land commissioners pursuant to this section shall be: (a) By the exercise of eminent domain in the name of the state of Colorado through condemnation proceedings pursuant to article 1 of title 38, C.R.S.; or paragraph (a) of this subsection (2). To the extent of such withdrawal, all procedures initiated by such notification shall be deemed terminated. (3) All acquisitions from the state board of land commissioners pursuant to this section shall be: (a) By the exercise of eminent domain in the name of the state of Colorado through condemnation proceedings pursuant to article 1 of title 38, C.R.S.; or (b) At any public sale. (4) (a) In acquisitions under this section the department may not acquire any agricultural or grazing rights but otherwise may acquire the full fee interest or any and all rights and interests in land less than the full fee interest, including but not limited to future interests, easements, covenants, and contractual rights. Every such interest in land held by the department when properly recorded shall be deemed to run with the land to which it pertains for the benefit of the citizens of this state and may be protected and enforced by the department in the district court of the county in which the land, or any portion thereof, is located. (b) No acquisition of any interest in any tract of land, as authorized by this section, shall preclude the state board of land commissioners from leasing said tract of any portion thereof for grazing or agricultural purposes.

C.R.S. § 24-33-108 Gifts, grants, and donations to the department - Colorado natural resources gifts, grants, and donations fund

24-33-108. Gifts, grants, and donations to the department - Colorado natural resources gifts, grants, and donations fund. (1) The department of natural resources is authorized to receive or reject gifts, grants, and donations of money or property and, subject to the terms of any gift, grant, or donation and to the provisions of any applicable law, to hold the money or property in trust or invest, sell, expend, or exchange the money or property and use either principal or interest or the proceeds of sale or the exchanged property received for the benefit of the department and the public. (2) The department of natural resources may cooperate with and assist any donor or foundation or similar organization intending to make gifts, grants, or donations to or for use by the department. The acceptance of any gift, grant, or donation must not commit the state to any expenditure of state funds. (3) Any money or property received under this section and any money received from the investment of the money or property must be credited to a special fund known as the Colorado natural resources gifts, grants, and donations fund. The fund and any gifts, grants, or donations received by the department of natural resources pursuant to this section must not diminish any appropriations made to the department. Money in the fund shall not be expended in such a manner as to commit expenditures from the general fund or any cash fund that is designated for regulatory purposes within the division of water resources. The use of gifts, grants, and donations is subject to audit by the state auditor or the state auditor's designee, the cost of which audit shall be borne by the department. (4) Repealed.

C.R.S. § 24-33-109 Educational programs - youth educational programs

24-33-109. Educational programs - youth educational programs. (1) (a) The executive director of the department and the directors of the divisions within the department shall have the authority to direct and manage an integrated natural resources and environmental educational program. (b) Natural resource and environmental education for the purposes of this article shall include but not be limited to scientific concepts underlying natural resource and environmental management, the history of natural resource development and management in Colorado, and natural resource public policy concepts such as private property rights and the interdependence between private and public resource management, an appreciation for the economic benefits and costs associated with natural resource management decisions, and an understanding of the role which land-based industries, such as agriculture, mining, and timbering, play in preserving and managing natural resources. (2) (a) The department shall develop and conduct an educational program for the youth in this state. The goals of the youth educational program are to foster an interest in and a sense of stewardship toward the natural resources of the state, to provide summer jobs for students interested in pursuing careers in natural resources, and to provide career and educational development opportunities for students participating in these programs. (b) As part of the educational programs of the department mandated in paragraph (a) of this subsection (2), a youth in natural resources summer work program shall be established. To the greatest extent possible, such work program shall incorporate opportunities for seasonal work with the department including, but not limited to, parks maintenance and wildlife field work. Any such seasonal work opportunities shall be geared toward disadvantaged youth with a particular emphasis on including youth who are disadvantaged as a result of economic circumstances, race, national origin, ethnicity, or gender. (3) Any funds received or expended for the educational programs pursuant to this section shall be in accordance with section 24-33-108. Funds from other sources including, but not limited to, federal funds and any appropriation made by the general assembly to the department may be accepted and used for the purposes of this section. (4) Repealed.

C.R.S. § 24-33-109.5 Colorado kids outdoors grant program - created - fund created - rules - report - definitions

24-33-109.5. Colorado kids outdoors grant program - created - fund created - rules - report - definitions. (1) As used in this section, unless the context otherwise requires: (a) Repealed. (b) "Eligible entity" means: (I) A school district; a board of cooperative services created pursuant to article 5 of title 22, C.R.S.; a district charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, C.R.S.; an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, C.R.S., or an approved facility school as defined in section 22-2-402 (1), C.R.S.; or (II) A nonprofit organization or an agency of the state or a local government, which organization or agency provides outdoor activities for youth that emphasize the environment and experiential, field-based learning. (c) "Executive director" means the executive director of the department of natural resources. (d) "Fund" means the Colorado kids outdoors grant program fund created in subsection (6) of this section. (e) "Grant program" means the Colorado kids outdoors grant program created in subsection (2) of this section. (2) There is hereby created in the office of the executive director the Colorado kids outdoors grant program to fund opportunities for Colorado youth to participate in outdoor activities in the state, including but not limited to programs that emphasize the environment and experiential, field-based learning. The grant program shall be funded through public or private gifts, grants, or donations received by the department of natural resources for said purpose pursuant to subsection (6) of this section. In addition, the executive director may use moneys received by the department of natural resources for the purposes of section 24-33-109 (2) to make awards through the grant program to eligible entities that provide outdoor activities that meet the criterion specified in subparagraph (V) of paragraph (b) of subsection (3) of this section. The grant program shall not receive appropriations of general fund moneys. (3) The executive director shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title, to implement the grant program. At a minimum, the rules shall specify: (a) The procedures, timelines, and form for applying for a grant; and (b) Criteria for selecting grant recipients, which criteria shall address, at a minimum: (I) Providing outdoor activities for youth who reside in the metropolitan, urban, and rural areas of the state; (II) Encouraging youth to participate with their parents or legal guardians in outdoor activities; (III) Providing outdoor activities for youth from low-income families; (IV) Whether the outdoor activity will occur in a state park, a national park or monument, county open space, or some other natural area of the state that is either developed for outdoor recreational activities or undeveloped; and (V) Whether the outdoor activity is designed to foster an interest in and a sense of stewardship toward the natural resources of the state by providing summer jobs for youth interested in careers in natural resources or providing other career development opportunities; except that this criterion is applicable only to grants awarded from moneys received by the department of natural resources for the purposes of section 24-33-109 (2). (4) Repealed. (5) An eligible entity that seeks a grant through the grant program shall submit an application to the office of the executive director in accordance with rules promulgated by the executive director. Subject to the availability of funding, the executive director shall select grant recipients, specifying the amount to be awarded, taking into account the criteria established in rule. (4) Repealed. (5) An eligible entity that seeks a grant through the grant program shall submit an application to the office of the executive director in accordance with rules promulgated by the executive director. Subject to the availability of funding, the executive director shall select grant recipients, specifying the amount to be awarded, taking into account the criteria established in rule. (6) (a) The department of natural resources is authorized to seek, accept, and expend public or private gifts, grants, or donations for the implementation of the grant program; except that the department of natural resources may not accept a gift, grant, or donation for the grant program that is subject to conditions that are inconsistent with this section or any other law of the state. The department of natural resources shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the Colorado kids outdoors grant program fund, which fund is hereby created. The moneys in the fund are continuously appropriated to the department of natural resources for the direct and indirect costs associated with implementing this section. (b) Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. The department of natural resources may expend up to two percent of the moneys annually credited to the fund to offset the costs incurred in implementing the grant program. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. (7) On or before February 1, 2011, and on or before February 1 each year thereafter in which the executive director awards grants pursuant to the grant program, the executive director shall submit to the agriculture, livestock, and natural resources committee of the house of representatives, or any successor committee, the agriculture and natural resources committee of the senate, or any successor committee, and the education committees of the house of representatives and the senate, or any successor committees, a report summarizing the following information for the preceding fiscal year: (a) The amount received for implementation of the grant program and the sources of said amount; (b) The eligible entities that received grants and the amounts awarded to each recipient; and (c) The activities funded with the grant awards.

C.R.S. § 24-33-110 Applications for licenses - authority to suspend licenses - rules

24-33-110. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department of natural resources or any authorized agent of such department shall require the applicant's name, address, and social security number; except that the division of parks and wildlife shall not collect applicants' social security numbers on license applications unless required by federal law or mandated as a condition of the state receiving federal funds. No license issued by the department of natural resources or any authorized agent of such department shall display the holder's social security number. (2) The department of natural resources or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department of natural resources, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department of natural resources or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S. (3) (a) The department of natural resources shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department of natural resources and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S. (b) The appropriate rule-making body of the department of natural resources is authorized to promulgate rules to implement the provisions of this section. (4) For purposes of this section, "license" means any recognition, authority, or permission that the department of natural resources or any authorized agent of such department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.

C.R.S. § 24-33-111 Conservation of native species - fund created

24-33-111. Conservation of native species - fund created. (1) Legislative declaration. The general assembly hereby recognizes the importance of conserving native species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service. The general assembly hereby declares and determines that the Colorado department of natural resources and the division of parks and wildlife are responsible for the development, implementation, or approval of appropriate programs to address the conservation of such species and for negotiating agreements with federal agencies and other states to avoid regulatory conflicts pursuant to section 24-33-103. (2) Species conservation trust fund - creation. (a) (I) (A) There is hereby created in the state treasury the species conservation trust fund, which is subject to annual authorization by the general assembly to carry out the purposes of this section. The fund consists of all money transferred by the treasurer as specified in subsection (2)(a)(I)(B) of this section and all money appropriated to the fund pursuant to section 39-29-109.3 (1)(g)(I). All income derived from the deposit and investment of money in the fund is credited to the fund. At the end of any fiscal year, all unexpended money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund. To the maximum extent practical, only interest from the fund shall be expended for activities pursuant to this section. (B) On July 1, 2017, the state treasurer shall transfer four million ninety thousand nine hundred nine dollars from the general fund to the species conservation trust fund. On July 1, 2018, the state treasurer shall transfer three million dollars from the general fund to the species conservation trust fund. (C) Notwithstanding subsection (2)(a)(I)(A) of this section, on April 30, 2021, the state treasurer shall transfer one million nine hundred ninety-eight thousand two hundred five dollars from the species conservation trust fund to the severance tax operational fund created in section 39-29-109 (2)(b)(I). (II) Beginning with the state fiscal year commencing on July 1, 2009, the general assembly shall appropriate an amount not to exceed five hundred thousand dollars from the species conservation trust fund to the department of natural resources for the purpose of acquiring water for instream flows. Moneys appropriated for this purpose shall be used to preserve or improve the natural environment of species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species. The executive director of the department of natural resources, in preparing the species conservation eligibility list pursuant to this section, shall provide a list of the specific instream flow acquisitions that would be financed pursuant to this subparagraph (II). Such list shall include the species that would benefit from each proposed instream flow acquisition. Prior to obligating revenues from the fund, the list of specific instream flow acquisitions is subject to modification and adoption by the general assembly through passage of a bill. (III) Repealed. (b) to (e) Repealed. (3) Species conservation eligibility list. (a) The executive director of the department of natural resources, after consultation with the Colorado water conservation board and its director, the parks and wildlife commission, and the director of the division of parks and wildlife, shall annually prepare a species conservation eligibility list describing programs and associated costs that are eligible to receive funding pursuant to this section. The species conservation eligibility list is subject to modification and adoption through passage of a bill. servation board and its director, the parks and wildlife commission, and the director of the division of parks and wildlife, shall annually prepare a species conservation eligibility list describing programs and associated costs that are eligible to receive funding pursuant to this section. The species conservation eligibility list is subject to modification and adoption through passage of a bill. (b) Funding shall be distributed by the executive director of the department of natural resources among projects included in the species conservation eligibility list for the following purposes: (I) Cooperative agreements, recovery programs, and other programs that are designed to meet obligations arising under the federal "Endangered Species Act of 1973", 16 U.S.C. 1531, et seq., and that provide regulatory certainty in accordance with subsection (4) of this section; (II) Studies and programs established or approved by the division of parks and wildlife and the executive director of the department of natural resources regarding: (A) Species placed on the state endangered or threatened list in accordance with section 33-2-105, C.R.S.; (B) Candidate species in order to assist in the recovery or protection of the species to avoid listing of the species; (C) Scientific research relating to listing or delisting any species; or (D) If a species that is not on the federal endangered or threatened species list is proposed to be added to the state endangered or threatened species list, the evaluation of the species pursuant to this sub-subparagraph (D) shall include: Scientific evaluation of genetic data that proves the species is a separate and distinct species in the ecosystem; evaluation of the species habitat that encompasses the entire geographic area of the species habitat not just portions of such habitat; and the reliable scientific baseline data used to ascertain that the number of the species in the habitat is rapidly declining over time. (c) In no event shall moneys from the species conservation trust fund, created in subsection (2) of this section, be used to acquire any property through the exercise of eminent domain. (4) Agreement requirements. In order to be eligible for funding under subsection (3) of this section, agreements entered into by or on behalf of the state with any person, entity, organization, political subdivision, state, or the federal government relating to the conservation of native species that have been listed as threatened or endangered under federal or state law or that are candidate species or are likely to become candidate species, species at risk and species of special concern, or species the decline or extinction of which may affect the welfare of the citizens of the state, must be voluntary, shall protect private property rights, and shall assist in meeting the regulatory requirements that currently exist or that may become applicable in the future pertaining to the conservation of species. Funds allocated for the purpose of implementing such agreements through the species conservation list process shall be utilized, to the maximum extent possible, for the purchase or construction of capital assets that shall be owned by the state and that may be sold or utilized for other purposes in the event that the agreement is terminated unless the state elects not to own such assets and for the implementation of activities the division of parks and wildlife has determined may eliminate the need to list a species as threatened or endangered or, in the case of previously listed species, may hasten delisting. shall be owned by the state and that may be sold or utilized for other purposes in the event that the agreement is terminated unless the state elects not to own such assets and for the implementation of activities the division of parks and wildlife has determined may eliminate the need to list a species as threatened or endangered or, in the case of previously listed species, may hasten delisting. (5) Maximization of funds. The Colorado water conservation board and the parks and wildlife commission shall maximize the species conservation trust fund by applying for available grants consistent with the purposes of the fund. Federal grants and voluntary contributions may be accepted and expended as provided in this section. Such grants and contributions shall, upon acceptance, be placed in the species conservation trust fund created in subsection (2) of this section. Nothing in this section limits the authority of the Colorado division of parks and wildlife to manage or regulate game, nongame, or threatened or endangered species. No funding shall be accepted, approved, or used to initiate the listing of species as threatened or endangered under federal law. Nothing in this section is intended to be construed as a mechanism to substitute funding that would otherwise be available for expenditure by the division of wildlife or to replace or reduce the obligation of the division to carry out nongame programs under title 33, C.R.S.

C.R.S. § 24-33-112 Conservation easement holders - submission of information

24-33-112. Conservation easement holders - submission of information. (Repealed)

C.R.S. § 24-33-113 Landowner incentive conservation programs - definition

24-33-113. Landowner incentive conservation programs - definition. (1) The general assembly finds, determines, and declares that current federal programs exist in which Colorado landowners, in exchange for monetary compensation or other financial assistance, abide by various practices related to conservation for lands enrolled in the programs. The general assembly further declares that lands, waters, and wildlife in Colorado have derived enormous benefits as a result of such programs. However, such federal programs may be reduced or eliminated, and similar federal or state programs may exist or be created, in the near future. Therefore, the general assembly declares that a study conducted by the department of natural resources concerning such programs, including the types of lands desirable for the programs, the cost to administer the programs, and the value of the programs to public and private interests, would assist the general assembly in assessing whether and how the implementation of such programs in Colorado can be improved and, where possible, supplemented through new federal or state programs. (2) (a) The department shall compile information regarding participation by Colorado landowners in landowner incentive conservation programs. As used in this section, "landowner incentive conservation program", also referred to in this section as a "program", means any federal or state program that provides monetary compensation to landowners who agree to set aside lands or apply land management strategies or conservation practices to lands enrolled in the program. A program may also directly or incidentally protect, enhance, or otherwise provide benefits to the environment, wildlife, or wildlife habitat. In gathering information pursuant to this paragraph (a), the department shall review any federal or state programs that currently exist or are created prior to February 1, 2010. The information gathered by the department shall include data regarding the amount and types of Colorado lands enrolled in a program, methods and costs to administer the programs, and the benefits to lands, the environment, or wildlife realized through the programs. (b) The department shall study the information obtained pursuant to paragraph (a) of this subsection (2) in order to assess the feasibility of administering such a program in Colorado if the federal programs are eliminated or reduced. In assembling this information, the department shall consult with any potentially affected groups or entities, including: (I) Federal agencies that administer programs; (II) Any potentially affected state agencies; (III) Landowners or entities representing landowner interests; (IV) Groups organized for the purpose of wildlife conservation; and (V) Repealed. (c) The data compilation and study efforts required by this subsection (2) shall be funded with moneys appropriated to the department from the operation and maintenance account of the species conservation trust fund created in section 24-33-111 (2) for the fiscal year beginning July 1, 2009. (3) Repealed. (4) Information gathered by the department pursuant to this section that allows any Colorado landowner or land to be specifically identified shall be exempt from inspection pursuant to section 24-72-204 (3)(a)(XXI), provided, however, that summary or aggregate data that does not specifically identify individual landowners or specific parcels of land shall not be subject to such exemption.

C.R.S. § 24-33-114 Renewable resource generation development areas - inventory of resources - fund - definitions - repeal

24-33-114. Renewable resource generation development areas - inventory of resources - fund - definitions - repeal. (Repealed)

C.R.S. § 24-33-115 Reenergize Colorado program - powers and duties of executive director - repeal

24-33-115. Reenergize Colorado program - powers and duties of executive director - repeal. (Repealed)

C.R.S. § 24-33-116 Colorado avalanche information center - creation - duties - fund

24-33-116. Colorado avalanche information center - creation - duties - fund. (1) There is created in the department of natural resources in the office of the executive director of the department, the Colorado avalanche information center to promote safety by reducing the impact of avalanches on recreation, industry, and transportation in the state through a program of avalanche forecasting and education. The Colorado avalanche information center is a type 2 entity, as defined in section 24-1-105. (2) (a) The Colorado avalanche information center is authorized to enter into agreements to provide training and materials to the general public, industries, and units of local government and to recover the direct costs of providing the training and materials. The Colorado avalanche information center is also authorized to establish and collect fees for training programs and materials that approximate the direct costs of providing the training and materials. (b) The Colorado avalanche information center is authorized to contract with agencies of state government for the provision of services and may establish and collect fees to recover the direct costs of those services. (c) (I) (A) The department of natural resources shall transmit all money collected pursuant to this section to the state treasurer, who shall credit it to the Colorado avalanche information center fund, which fund is hereby created and referred to in this section as the "fund". Except as otherwise provided in subsection (2)(c)(I)(B) of this section, money in the fund is subject to annual appropriation by the general assembly to the department of natural resources for the direct and indirect costs associated with the Colorado avalanche information center. (B) For state fiscal year 2021-22 and for each succeeding state fiscal year, all state highway fund money that is credited to the fund pursuant to an intergovernmental agreement between the department of transportation and the department of natural resources and all interest and income derived from the deposit and investment of that money is continuously appropriated to the department of natural resources for the direct and indirect costs incurred by the Colorado avalanche information center in operating the highway avalanche safety program for the purpose of reducing avalanche risk on state highways. (II) The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund. (3) Repealed.

C.R.S. § 24-33-117 Wildfire mitigation capacity development fund - established - financing - legislative intent

24-33-117. Wildfire mitigation capacity development fund - established - financing - legislative intent. (1) The wildfire mitigation capacity development fund is hereby created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (5) of this section, money appropriated to the fund pursuant to section 39-29-109.3 (1)(g)(IV) and (1)(g)(V), and any other money that the general assembly may appropriate or transfer to the fund. (2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the wildfire mitigation capacity development fund to the fund. (3) Money in the wildfire mitigation capacity development fund is continuously appropriated to the department of natural resources and may be used by the department for the following purposes: (a) Initiating a federal national incident management organization comprehensive risk analysis by June 15, 2021, to identify the most strategic landscapes in the state for wildfire mitigation and fuel reduction projects; (b) Supporting wildfire mitigation workforce development including the engagement of conservation corps and the department of corrections state wildland inmate fire teams in priority wildfire mitigation projects including those projects identified by the federal national incident management organization comprehensive risk analysis conducted pursuant to subsection (3)(a) of this section; (c) Hiring staff resources to coordinate cross-boundary wildfire mitigation efforts, facilitate engagement, and connect priority wildfire mitigation projects with available resources. These staff shall consult with stakeholders including federal and state agencies, local governments, tribes, communities, forest collaborative groups, and other entities to identify and implement priority wildfire mitigation projects on municipal, county, tribal, state, state-operated, federal, and private lands, as appropriate. (d) Conducting an assessment of wildfire mitigation efforts undertaken or supported by the state to determine the most efficient and effective organizational structure for those efforts; (e) Funding projects or grants to support the planning and implementation of fuel reduction and wildfire mitigation projects at landscape-scale to reduce the risk of catastrophic wildfire in priority areas, including those identified by the analysis in subsection (3)(a) of this section; and (f) Funding the direct and indirect costs of administering the activities described in this subsection (3). (4) To the extent practicable, when supporting or funding projects or grants for the planning and implementation of fuel reduction and wildfire mitigation projects in accordance with subsections (3)(b) and (3)(e) of this section, the department of natural resources shall prioritize those projects with the greatest potential to protect life, property, and infrastructure. (5) On June 15, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer seventeen million five hundred thousand dollars from the general fund to the wildfire mitigation capacity development fund. The money transferred pursuant to this subsection (5) must be allocated to supported areas administered by the department of natural resources as follows: (a) Up to two hundred thousand dollars for the federal national incident management organization statewide risk assessment described in subsection (3)(a) of this section; (b) For the wildfire mitigation workforce development described in subsection (3)(b) of this section; (c) Up to five hundred fifty thousand dollars for the wildfire mitigation project coordination described in subsection (3)(c) of this section; (d) Up to five hundred thousand dollars for the wildfire mitigation organizational planning described in subsection (3)(d) of this section; (e) For the landscape wildfire mitigation projects described in subsection (3)(e) of this section; f this section; (c) Up to five hundred fifty thousand dollars for the wildfire mitigation project coordination described in subsection (3)(c) of this section; (d) Up to five hundred thousand dollars for the wildfire mitigation organizational planning described in subsection (3)(d) of this section; (e) For the landscape wildfire mitigation projects described in subsection (3)(e) of this section; (f) Up to five percent of the funds transferred pursuant to subsection (5)(b) of this section may be used for both the direct and indirect administrative costs associated with the wildfire mitigation workforce development funded by subsection (5)(b) of this section; and (g) Up to five percent of the funds transferred pursuant to subsection (5)(e) of this section may be used for both the direct and indirect administrative costs associated with the landscape wildfire mitigation projects funded by subsection (5)(e) of this section. (5.5) Repealed. (6) On June 30, 2023, the state treasurer shall transfer any unexpended and unencumbered money in the wildfire mitigation capacity development fund that was transferred by the state treasurer to the wildfire mitigation capacity development fund pursuant to subsection (5) of this section to the general fund, except for the money allocated by the department of natural resources pursuant to subsections (5)(c), (5)(f), and (5)(g) of this section. (6.2) On June 30, 2023, and on June 30 each year thereafter, the state treasurer shall transfer one million dollars from the general fund to the wildfire mitigation capacity development fund. The money transferred pursuant to this subsection (6.2) must be used for purposes set forth in subsection (3) of this section. (7) To implement this section, the department of natural resources shall coordinate with the division of fire prevention and control in the department of public safety and with the Colorado state forest service at the department of higher education and enter into a memorandum of understanding with such agencies to direct the implementation of this section.

C.R.S. § 24-33-118 Pollinator health study - recommendations - reporting - definition - repeal

24-33-118. Pollinator health study - recommendations - reporting - definition - repeal. (Repealed)

C.R.S. § 24-33-201 Division of forestry - creation - state forest service agreement

24-33-201. Division of forestry - creation - state forest service agreement. (1) There is created the division of forestry in the department of natural resources. The division of forestry is a type 2 entity, as defined in section 24-1-105. The executive director of the department of natural resources shall enter into an agreement with Colorado state university, through the board of governors of the Colorado state university system, to cooperate in the state's efforts to improve the management and health of Colorado's forests and to provide staff for the division of forestry. (2) The division of forestry's powers and duties shall include: (a) Strengthening natural resource policy formulation and coordination concerning public and private forest land in Colorado by: (I) Producing an annual forest health report for all forest land in Colorado; (II) Addressing cooperative management of forest land across jurisdictions; (III) Mitigating the natural and urban interface fire hazard; (IV) Restoring critical watersheds; (V) Assisting in the management of forest lands under the jurisdiction of the agencies within the department of natural resources. (b) Preparing and updating the memorandum of understanding between the department of natural resources and Colorado state university that provides for the staffing of the division of forestry by the Colorado state forest service; (c) Preparing the annual joint work plan for the division of forestry and Colorado state forest service for submittal to and approval by the department of natural resources and Colorado state university; (d) Repealed. (e) Reviewing and approving all Colorado state forest service publications that are issued as a result of the memorandum of understanding between the department of natural resources and Colorado state university; (f) Promoting cooperation with the federal land management agencies to facilitate collaboration across boundaries warranted by forest land conditions; (g) Incorporating rural development through forestry in program delivery; (h) Assuring that state water quality best management practices are available and understood; and (i) Preparing an annual report on the accomplishments of the division of forestry. (3) The division of forestry, the state forester, and the Colorado state forest service shall enforce and administer the provisions of law conferred upon the division of forestry, state forester, and Colorado state forest service.

C.R.S. § 24-33-202 Forestry advisory board - creation - repeal

24-33-202. Forestry advisory board - creation - repeal. (Repealed)

C.R.S. § 24-33-203 State forester - authority to permit controlled burns during drought conditions - civil

24-33-203. State forester - authority to permit controlled burns during drought conditions - civil. (Repealed)

C.R.S. § 24-33-204 State forester - authority to permit controlled burns during drought conditions - criminal

24-33-204. State forester - authority to permit controlled burns during drought conditions - criminal. (Repealed)

C.R.S. § 24-33-205 Management of state forest lands

24-33-205. Management of state forest lands. (1) The department of natural resources and its divisions that own forested land, in consultation and cooperation with the state forester, shall actively manage all forested state lands, consistent with applicable laws and state best management practices, using the range of management options appropriate to the given forest ecosystem, to: (a) Reestablish natural forest conditions; (b) Reduce the threat of large, high-intensity wildfires; (c) Sustain and promote natural habitat consistent with healthy forest conditions; and (d) Protect and restore watersheds.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026

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