Cal. Code Regs. tit. 14 § 3698

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3698 - Fees Calculation

Annual reporting fees cited in sections 3698 and 3699 shall be adjusted for the cost of living as measured by the California Consumer Price Index for all urban consumers, calendar year averages, using the percentage change in the previous year and annually thereafter.

(a) The annual reporting fee for a multiple site mining operation shall be four thousand dollars ($4,000).

(b) The annual reporting fee for mining operations which are no longer in operation with no intent to resume, which had no mineral production in the reporting calendar year, and

(1) which did not complete reclamation during the reporting calendar year shall be $100; or

(2) which completed reclamation during the reporting calendar year shall be $100. Proof of completion of reclamation, approved by the lead agency, shall be submitted with this fee.

(c) Except as otherwise provided, the annual reporting fee for mining operations shall be calculated on the total primary mineral commodity produced in the reporting calendar year. A factor to determine the amount of fee adjustments from one reporting calendar year to the next shall be calculated according to the following formula:

[((AT_RY) - (AT_PY))/(AT_PY)] = Factor

Where: Adjusted Total (AT) equals the Amount Requested by the Director of the Department of Conservation, less a projected amount from fees set in CCR § 3698(a)(b)(d)(e) and CCR § 3699, and less a projected amount from mine operations subject to the maximum fee amount in Public Resources Code Section 2207;

Where: ATRY is the Adjusted Total for the current "Reporting Year"

Where: ATPY is the Adjusted Total for the "Prior Year"

The new Fee Amount for each category is determined by the following formula (calculated amounts cannot be less than $100 or more than the maximum fee in Public Resources Code Section 2207, and may be rounded to the nearest $1 (one dollar)):

Formula: Current Year Reporting Fee = Prior Year Reporting

Fee times (1 + Factor)

(1) Mining operations where the primary mineral commodity produced is either aggregate products or industrial minerals shall be assessed an annual reporting fee as follows:

	*Tons*		*Fee in Dollars*
0	-	100	Formula (not less than $100)
>100	-	1,000	Formula
>1,000	-	10,000	Formula
>10,000	-	50,000	Formula
>50,000	-	100,000	Formula
		>100,000	Maximum fee per Public Resources
			Code Section 2207

(2) Mining operations where the primary mineral commodity produced is gold, silver, or precious metals shall be assessed an annual reporting fee as follows:

	*Ounces*	*Fee in Dollars*
0	- 1	Formula (not less than $100)
>1	- 10	Formula
>10	- 50	Formula
>50	- 150	Formula
>150	- 300	Formula
	>300	Maximum fee per Public Resources
		Code Section 2207

(3) Mining operations where the primary mineral commodity produced is base metals or other metals shall be assessed an annual reporting fee as follows:

	*Pounds*		*Fee in Dollars*
0	-	10	Formula (not less than $100)
>10	-	100	Formula
>100	-	1,000	Formula
>1,000	-	10,000	Formula
>10,000	-	20,000	Formula
		>20,000	Maximum fee per Public Resources
			Code Section 2207

(d) The initial reporting fee for mining operations shall be five hundred dollars ($500).

(e) The annual reporting fee for newly permitted mining operations which have not yet begun operations and disturbed the land shall be one hundred dollars ($100).

(f) In addition to the annual reporting fees, the board shall collect five dollars ($5) per ounce of gold and ten cents ($0.10) per ounce of silver based on the amount of product mined within the state during the reporting year.

Cal. Code Regs. Tit. 14, § 3698

Note: Authority cited: Section 2207, Public Resources Code. Reference: Section 2207, Public Resources Code.

1. New section filed 4-17-91 as an emergency; operative 5-1-91 (Register 91, No. 19). A Certificate of Compliance must be transmitted to OAL by 8-29-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 1-9-92; operative 1-9-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 12).
3. Amendment filed 4-22-92 as an emergency; operative 5-1-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-18-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-22-92 order including amendment of subsection (d) transmitted to OAL 8-28-92 and filed 10-13-92 (Register 92, No. 42).
5. Amendment filed 4-30-93 as an emergency; operative 4-30-93 (Register 93, No. 18). A Certificate of Compliance must be transmitted to OAL 8-30-93 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-30-93 order transmitted to OAL 8-10-93 and filed 9-22-93 (Register 93, No. 39).
7. Amendment of section and Note filed 4-28-94 as an emergency; operative 5-1-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-29-94 order transmitted to OAL 8-26-94 and filed 10-6-94 (Register 94, No. 40).
9. Amendment of subsections (b)-(d) filed 4-20-95 as an emergency; operative 5-1-95 (Register 95, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-29-95 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 5-1-95 order including amendment of subsection (b)(2) transmitted to OAL 8-2-95 and filed 9-8-95 (Register 95, No. 36).
11. Amendment of subsections (b)-(e) filed 4-9-96 as an emergency; operative 5-1-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-8-96 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-9-96 order transmitted to OAL 7-26-96 and filed 8-21-96 (Register 96, No. 34).
13. Amendment of section and Note filed 4-21-97 as an emergency; operative 5-1-97 pursuant to Government Code section 11343.4(c). A Certificate of Compliance must be transmitted to OAL by 8-29-97 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 4-21-97 order, including further amendment of subsections (b)-(c), transmitted to OAL 5-30-97 and filed 7-11-97 (Register 97, No. 28).
15. Amendment filed 3-8-2004 as an emergency; operative 3-8-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-6-2004 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 3-8-2004 order transmitted to OAL 6-21-2004 and filed 7-30-2004 (Register 2004, No. 31).
17. Amendment filed 2-7-2018; operative 4/1/2018 (Register 2018, No. 6).
18. Change without regulatory effect amending subsection (c) filed 6-21-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 25).