§ 2003. Rent or Other Consideration.
2 CA ADC § 2003Barclays Official California Code of Regulations
2 CCR § 2003
§ 2003. Rent or Other Consideration.
(6) For salvage permit operations, the Commission shall agree to a division of the net value of State-owned objects recovered by the permittee, after a deduction of reasonable salvage cost. The percentage of the net value of State-owned objects retained by the Commission shall be based on the complexity of the project and may be negotiated. The State retains ownership of all items recovered until released and has a first right to select objects and may retain any or all of the objects recovered. If the State elects to retain objects with a value greater than its agreed percentage share, it shall reimburse the permittee to the extent of the agreed division of value;
(7) For archaeological permits, artifacts collected shall remain State property, except that the Commission may authorize the transfer of title to artifacts for the purposes of research or display to museums, educational institutions, or other appropriate locations available to the public, or to a culturally affiliated Native American tribe;
(c) Effective July 1, 2014, the minimum annual rents for the various lease/permit categories will be recalculated every five (5) years, at the end of June, using the adjustment formula identified in section 1900(m). Regardless of whether the application of the Adjustment Formula results in an adjusted minimum annual rent that is greater or lesser value than the previous year's rent, the adjusted minimum annual rent will never be lower than the minimum annual rents set in section 2003(b).
(2) Lease areas may include a reasonable impact area beyond the footprint of the actual facilities or improvements occupying State land, based on local conditions. Rent may be charged only for those impact areas directly associated with the docking and mooring of vessels, such as catwalks, boat hoists, and cleats, or where public access or use is clearly restricted by the facilities. The Commission may consider the seasonal use and other local conditions when establishing the impact area and rent for that impact area.
(3) In addition to the annual rent or other consideration, for General Lease -- Commercial Use, Industrial Use, and Right-of-Way Use, the Commission may require the lessee/permittee to pay an annual administrative fee for the reimbursement of staff costs associated with, but not limited to, lease/permit compliance; enforcement; periodic rent reviews, insurance or surety review; or other such activities as may be reasonably required over the term of the lease/permit. The annual administrative fee may be charged as either a flat rate or as a percentage of the rent.
Credits
Note: Authority cited: Sections 6105, 6108, 6218, 6309, 6321.2, 6503 and 6503.5, Public Resources Code. Reference: Sections 6218, 6321.2, 6503 and 6503.5, Public Resources Code.
History
1. Editorial correction of printing error in subsection (a) (Register 92, No. 22).
2. Amendment of section heading, section and Note filed 3-10-2014; operative 7-1-2014 (Register 2014, No. 11).
This database is current through 3/10/23 Register 2023, No. 10.
Cal. Admin. Code tit. 2, § 2003, 2 CA ADC § 2003
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