As used in articles 20 to 25 of this title 34, unless the context otherwise requires:
(1) Approved means confirmed by the commissioner of mines or his designee.
(2) Authorized representative means a person employed by the division and authorized by the director to conduct safety and health studies, equipment surveys, tests, and technical assistance visits and to perform other duties assigned by the director.
(3) Board means the coal mine board of examiners.
(4) Coal mine means an area of land and all structures, facilities, machinery, tools, equipment, shafts, slopes, tunnels, excavations, and other property, real or personal, placed upon, under, or above the surface of such land by any person and used in, to be used in, or resulting from the work of extracting in such bituminous coal, lignite, or anthracite from its natural deposits in the earth by any means or method, including the work of preparing the coal so extracted, and such term includes custom coal preparation facilities.
(5) Commissioner means the commissioner of mines.
(6) Department means the department of natural resources.
(7) Director means the director of the division of reclamation, mining, and safety in the department of natural resources.
(8) Division means the division of reclamation, mining, and safety in the department of natural resources.
(9) (a) Mine means:
(I) Any area of land from which minerals are extracted in nonliquid form or are extracted in a liquid form while workers are underground;
(II) Private ways and roads appurtenant to such area; and
(III) Lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property, including impoundments, retention dams, and tailing ponds, on the surface or underground, used in, or to be used in, or resulting from the work of extracting such minerals from their natural deposits in nonliquid form or, if in liquid form, used by workers underground or used or to be used in the milling of such minerals or the work of preparing coal or other minerals.
(b) Mine does not include the facilities defined in section 12-115-103 (9), nor does it include earthen dams, sand and gravel pits, clay pits, or rock and stone quarries, including surface limestone and dolomite quarries.
(10) Miner means any individual working in a mine.
(11) Operator means any owner, lessee, or other person who operates, controls, or supervises a mine or an independent contractor performing services or construction at such mine.
(12) Tourist mine means a nonproducing mine not regulated by the federal government that is open to the general public for tours.
(13) Work of preparing the coal means the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, and loading of bituminous coal, lignite, or anthracite and such other work of preparing such coal as is usually done by the operator of the coal mine.
Source: L. 88: Entire article R&RE, p. 1185, � 1, effective July 1. L. 92: (2), (7), and (8) amended, p. 1923, � 10, effective July 1. L. 2006: (2), (7), and (8) amended, p. 214, � 7, effective August 7. L. 2019: IP and (9)(b) amended, (HB 19-1172), ch. 136, p. 1721, � 225, effective October 1.
Editor's note: This section is similar to former � 34-20-101 as it existed prior to 1988.
34-20-103. Division of reclamation, mining, and safety - creation - powers and duties - transfer of functions and property. (1) There is created the division of reclamation, mining, and safety in the department of natural resources. Pursuant to section 13 of article XII of the state constitution, the executive director of the department of natural resources shall appoint the director of the division of reclamation, mining, and safety, and the director shall appoint such employees as are necessary to carry out the duties and exercise the powers conferred by law upon the division and the director. Appointing authority for such employees may be delegated by the director to the heads of the offices in the division as appropriate. The division of reclamation, mining, and safety and the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources.
(2) The division shall consist of the office of active and inactive mines, created in article 21 of this title, the coal mine board of examiners, created in article 22 of this title, and the office of mined land reclamation and the mined land reclamation board, created in article 32 of this title.
(3) The division of reclamation, mining, and safety shall be responsible for the administration of articles 20 to 25, 32, and 33 of this title through the office of active and inactive mines and the office of mined land reclamation.
(4) to (6) (Deleted by amendment, L. 2006, p. 214, � 8, effective August 7, 2006.)
(7) The director of the division of reclamation, mining, and safety shall prepare and submit to the executive director of the department of natural resources a plan for encouraging the development of minerals in the state. The plan must be formulated based upon the recommendations of the other divisions in the department.
(8) The director of the division of reclamation, mining, and safety shall:
(a) Conceive and develop long range and strategic plans and policies;
(b) Compile and disseminate information on Colorado's mineral opportunities, analyze and identify constraints which may affect development, resolve problems, and promote resource utilization;
(c) Work with other state economic development planners to help establish a consistent state minerals and energy development policy and long range plans for economic mineral development;
(d) Coordinate with federal agencies on proposed land uses, policies, legislation, and regulation;
(e) Provide or support Colorado government liaison with federal agencies and alert the department to developments or opportunities; and
(f) Consult with local governments, public interest groups, environmental groups, and constituency groups where necessary to promote a sound and balanced approach to minerals development.
(9) Repealed.
Source: L. 92: Entire section added, p. 1923, � 11, effective July 1. L. 96: (9)(a), (9)(c), and (9)(d) amended, p. 1219, � 14, effective August 7. L. 97: (2) to (5) amended, p. 1028, � 61, effective August 6. L. 2002: (7) and (9)(b)(II) amended, p. 878, � 6, effective August 7. L. 2003: (2) amended, p. 1962, � 7, effective May 22. L. 2005: (9) repealed, p. 1463, � 3, effective July 1. L. 2006: (1), (3), (4), (5), (6), (7), and IP(8) amended, p. 214, � 8, effective August 7. L. 2013: (7) amended, (HB 13-1139), ch. 120, p. 409, � 9, effective August 7. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3409, � 161, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
34-20-104. Minerals, energy, and geology policy advisory board - creation. (Repealed)
Source: L. 92: Entire section added, p. 1923, � 11, effective July 1. L. 96: (3)(j) added, p. 999, � 2, effective May 23; (3)(i) repealed, p. 1218, � 13, effective August 7. L. 98: (4) repealed, p. 72, � 1, effective March 23. L. 2002: (3)(c) amended, p. 878, � 7, effective August 7. L. 2006: (1) amended, p. 216, � 9, effective August 7. L. 2008: (3)(j) amended, p. 1872, � 9, effective June 2. L. 2013: (3)(j) amended, (SB 13-181), ch. 209, p. 872, � 21, effective May 13; entire section repealed, (HB 13-1139), ch. 120, p. 407, � 1, effective August 7.