Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

Pennsylvania Code



Subchapter J. ROYALTIES FOR
SAND AND GRAVEL PERMITS


Sec.


51.91.    Authority.
51.92.    Royalty rates.

Authority

   The provisions of this Subchapter J issued under section 503(c) of the Conservation and Natural Resources Act (71 P. S. §  1340.503(c)), unless otherwise noted.

Source

   The provisions of this Subchapter J adopted December 19, 1997, effective December 20, 1997, 27 Pa.B. 6570, unless otherwise noted.

§ 51.91. Authority.

 Under section 503(c) of the Conservation and Natural Resources Act (71 P. S. §  1340.503(c)), the Commission with the concurrence of the Department of Environmental Protection, is authorized to adjust the amount of royalty payments per ton or cubic yard of usable or merchantable, or both, sand or gravel, or both, extracted from Commonwealth waters.

§ 51.92. Royalty rates.

 Persons holding permits granting them nonexclusive rights and privileges of dredging, excavating, removing and carrying away merchantable sand and gravel under agreements between the permittees and the Department of Environmental Protection shall pay royalties in accordance with the following schedule:

 

 (1) During the period, January 1, 2021, through December 31, 2030, the greater of $1,000 or 7.0% of the immediately preceding year’s published price, average value, dollars per metric ton (converted to U.S. ton) for the commodity sand and gravel in the United States Geological Survey, Mineral Commodity Summary per dry ton, provided that the rate per dry ton is not less than $0.48.

Authority

   The provisions of this §  51.92 amended under section 503(c) of the Conservation and Natural Resources Act (71 P.S. §  1340.503(c)).

Source

   The provisions of this §  51.92 amended May 13, 2011, effective May 14, 2011, 41 Pa.B. 2437; amended January 22, 2021, effective January 23, 2021, 51 Pa.B. 426. Immediately preceding text appears at serial pages (366069) to (366070).

Cross References

   This section cited in 25 Pa. Code §  105.13 (relating to regulated activities—information and fees).



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