Section 34-32-127 - Mined land reclamation fund - created - fees - fee adjustments - rules(1)(a) All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the mined land reclamation fund, which fund is hereby created. The moneys in the mined land reclamation fund shall consist of fees collected by the office pursuant to this article. All interest derived from the investment of moneys in the mined land reclamation fund shall be credited to the fund. Any balance remaining in the fund at the end of any fiscal year shall remain in the fund and shall be subject to appropriation by the general assembly for the purposes for which the fund was created.(b) The general assembly shall make annual appropriations from the mined land reclamation fund for the direct and indirect costs of the office incurred in the performance of its duties under this article. Pursuant to section 34-32-102 (3), the mined land reclamation fund shall be used for, and shall be limited to, the actual costs of processing permits and for conducting annual reviews and inspections.(2)(a) The office shall collect fees for fiscal year 2014-15 and for each subsequent year of operation for operations according to the following schedule:(I) Applications pursuant to:(A) Section 34-32-110 (1) $ 288(B) Section 34-32-110 (2) $ 1,006(C) Section 34-32-110 (7) $ 1,725(C.5) Section 34-32-110 relating to reclamation permit amendments $ 661(E) Section 34-32-112, except for applications relating to the mining operations specified in sub-subparagraphs (F) and (G) of this subparagraph (I) $ 2,156(F) Section 34-32-112 relating to quarries $ 2,674(G) Section 34-32-112 relating to mining operations, other than designated mining operations, where chemical or thermal processing is used for milling of an ore $ 3,565(H) Section 34-32-112 (8) relating to reclamation permit amendments, except as specified in sub-subparagraph (N) of this subparagraph (I) $ 1,783(I) Section 34-32-112 (8) relating to revisions to permits other than amend- ments $ 173
(J) Section 34-32-112 (8) relating to temporary cessations of operations $ 115(K) Section 34-32-113 $ 86(L) Section 34-32-119 $ 115(M) Section 34-32-112 relating to designated mining operations: The board may designate an application fee by rule based upon the estimated cost to the office for processing certification and administrative review of such permits that shall not be less than $1,000 or more than $10,350 for such operation, except as specified in sub-subparagraph (N) of this subparagraph (I).(N) Oil shale application, amendment, and revision to a permit other than an amendment fee: If the costs to review and process an oil shale application, amendment, or revision to a permit other than an amendment exceeds twice the value of the fee for a new application, amendment, or revision to a permit other than an amendment pursuant to sub-subparagraph (H) or (M) of this subparagraph (I), the applicant shall pay the additional costs. The costs shall include those of the division, another division of the department involved in the review, and any consultants or other nongovernmental agents that have specific expertise on the issue in question acting at the request of the division in the review of the oil shale permit application, amendment, or revision to a permit other than an amendment. The division shall inform the applicant that the actual fee may exceed twice the value of the listed fee and shall provide the applicant with an estimate of the actual charges for the review of the application, amendment, or revision to a permit other than an amendment within ten days after receipt of the application. An appeal of this estimate shall be made to the board within ten days after the applicant's receipt of the estimate.(O) In situ uranium application, amendment, and revision to a permit other than an amendment fee: If the costs to review and process an in situ uranium application, amendment, or revision to a permit other than an amendment exceeds twice the value of the fee for a new application, amendment, or revision to a permit other than an amendment pursuant to sub-subparagraph (H) or (M) of this subparagraph (I), the applicant shall pay the additional costs. The costs shall include those of the division, another division of the department involved in the review, and any consultants or other nongovernmental agents that have specific expertise on the issue in question acting at the request of the division in the review of the in situ uranium permit application, amendment, or revision to a permit other than an amendment. The division shall inform the applicant that the actual fee may exceed twice the value of the listed fee and shall provide the applicant with an estimate of the actual charges for the review of the application, amendment, or revision to a permit other than an amendment within ten days after receipt of the application. An appeal of this estimate shall be made to the board within ten days after the applicant's receipt of the estimate.(II) and (III) (Deleted by amendment, L. 95, p. 1189, § 5, effective July 1, 1995.)(IV) Annual fees for fiscal year 2014-15 and for each subsequent year for operations pursuant to: (A.5) Section 34-32-110 (1), (excluding designated mining operations) $ 172(B) Section 34-32-110 (2) (excluding designated mining operations) $ 259(D) Section 34-32-112 (excluding designated mining operations) $ 633(E) Section 34-32-112 (for designated mining operations) $ 1,150(F) Section 34-32-110 (for designated mining operations) $ 518(G) Section 34-32-113 $ 86(V) Fees to the public for services such as copying, making copies of and mailing board minutes, computer printouts, compilation reports, or other services shall be the same as the cost to the office for providing such services.(b) (Deleted by amendment, L. 95, p. 1189, § 5, effective July 1, 1995.)(3) Notwithstanding the amount specified for any fee in subsection (2) of this section, the board by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the board by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.Amended by 2022 Ch. 421, §78, eff. 8/10/2022.Amended by 2014 Ch. 42, §2, eff. 3/20/2014.L. 91: Entire section added, p. 1429, § 1, effective July 1. L. 92: (1), IP(2)(a), (2)(a)(V), and (2)(b) amended, p. 1944, § 47, effective July 1. L. 93: (2) amended, p. 1196, § 16, effective July 1. L. 95: (2)(a)(II), (2)(a)(III), (2)(a)(V), and (2)(b) amended, p. 1189, § 5, effective July 1. L. 96: (2)(a)(I)(D), (2)(a)(IV)(C), and (2)(c) repealed, p. 179, § 4, effective April 18. L. 98: (3) added, p. 1340, § 61, effective June 1. L. 2007: (2)(a) amended, p. 958, § 1, effective July 1. L. 2008: (2)(a)(I)(C.5) and (2)(a)(I)(O) added and (2)(a)(I)(N) amended, pp. 1652, 1653, §§ 1, 2, effective August 5. L. 2014: IP(2)(a), IP(2)(a)(IV), and (2)(a)(IV)(A) amended and (2)(a)(IV)(A.5) and (2)(a.1) added, (SB 14-076), ch. 42, p. 212, § 2, effective March 20.Subsection (2)(a.1) provided for the repeal of subsections (2)(a)(IV)(A) and (2)(a.1), effective July 1, 2015. (See L. 2014, p. 212.)
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).