reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 27. Mining › Chapter 09. Mining Loan Fund › Sec. 27.09.030. Operating plan.

(a) A person who requests a loan under AS 27.09.010 shall prepare an operating plan that describes the amount of the loan requested, the nature and location of the advanced mineral exploration, development, or mining for which the loan is requested, the equipment and other resources available to the person to implement the operating plan, and the economic feasibility of the plan. The person requesting a loan shall submit an operating plan to the department.
(b) Within 30 days after receipt of an operating plan under (a) of this section, the department shall review the operating plan and shall determine the economic feasibility of the advanced mineral exploration, development, or mining described in the operating plan. The department may extend the time for making its determination as to economic feasibility if an extension is necessary to obtain more information under (c) of this section.
(c) The department may require a person who has submitted an operating plan to provide additional information on the proposed advanced mineral exploration, development, or mining if the information is necessary for a determination of economic feasibility under (b) of this section.
(d) If the department determines that an operating plan is economically feasible, the department shall provide the person who submitted the plan with a written statement of economic feasibility.
(e) The department may enter into contracts for the services of experts in advanced mineral exploration, development, or mining to perform the functions described in (b) - (d) of this section.
(f) Information acquired under this section is confidential and may not be disclosed except to the person who supplied the information or except by order of the court.
2023 Alaska Statutes › Title 27. Mining › Chapter 09. Mining Loan Fund › Sec. 27.09.040. Loan terms.

(a) A loan granted under this chapter
(1) may not exceed $5,000,000;
(2) may not exceed a term of 15 years;
(3) may not bear interest exceeding 10 percent; and
(4) may not exceed 75 percent of the appraised value of the collateral used to secure the loan.
(b) A loan may not be made under this chapter if it would result in an outstanding debt of the borrower to the fund in excess of $5,000,000.
(c) A loan made under this chapter shall be secured by
(1) a first priority lien or mortgage; or
(2) a second priority lien or mortgage that is subordinate to a valid first priority lien or mortgage if the total of the financing by the lender making the first mortgage and by the loan made under this chapter does not exceed 75 percent of the appraised value of the collateral used to secure the loan.
(d) Unless the loan under this chapter was made to underwrite placer mining activities, repayment of the loan principal shall begin not later than one year after the date mineral production begins or five years from the date the loan is made, whichever is sooner. For loans made under this chapter to underwrite placer mining activities, the department may not require repayment of principal to begin before the end of the second placer mining season after the loan is made. The accrual of interest on a loan made under this chapter begins when the loan is made, and the accrued interest shall be repaid on an annual basis, or repayment may be on a monthly or quarterly basis if the department and the borrower so agree. In this subsection, “placer mining season” means the time during a consecutive 12-month period when placer mining activities may be conducted by virtue of the thawed and fluid condition of the streams and rivers in the mining area.
(e) [Repealed, § 72 ch 113 SLA 1982.]
2023 Alaska Statutes › Title 27. Mining › Chapter 09. Mining Loan Fund › Sec. 27.09.045. Refinancing.

The department may refinance a loan under this chapter by making a loan to pay outstanding mining debts. When an original loan is to be refinanced, the department may not refinance more than 49 percent of the amount of the original loan. The terms in AS 27.09.040 apply to mining debts refinanced under this section.
2023 Alaska Statutes › Title 27. Mining › Chapter 09. Mining Loan Fund › Sec. 27.09.050. Regulations.

The department may adopt regulations necessary to carry out the provisions of this chapter, including regulations to establish reasonable fees for services provided. Regulations adopted under this section shall be prepared after consultation with the Department of Natural Resources or after consultation with a person who, in the opinion of the commissioner of commerce, community, and economic development or a designee, has broad experience in and is highly qualified in advanced mineral exploration, development, and mining.
2023 Alaska Statutes › Title 27. Mining › Chapter 09. Mining Loan Fund › Sec. 27.09.060. Definitions.

In this chapter,
(1) “advanced mineral exploration” means the investigation of a known mineral deposit to gain knowledge of its size, shape, and value, and to determine whether it is feasible for mining, by the use of geophysical surveys, boreholes, pits, or underground workings;
(2) “date of mineral production” means the date on which the first shipment of products from mining operations is made;
(3) “department” means the Department of Commerce, Community, and Economic Development;
(4) “development” means the preparation of a proven mineral deposit for mining;
(5) “fund” means the mining loan fund;
(6) “mining” means the extraction of ore and the preparation of a mineral product for market.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 1. Mining Claims on Federal Public Domain Generally. › Sec. 27.10.010. Claims to be located as prescribed by law.

A person who discovers upon the public domain in the state a lode or vein of rock in place, or a placer deposit that is open to location under the mining laws of the United States, may locate a lode mining claim or placer mining claim by posting a notice of location and by marking the boundaries as provided in AS 27.10.030 - 27.10.070. An attempted location of a mining claim that does not comply with AS 27.10.030 - 27.10.070 and AS 27.10.150 - 27.10.190 is void.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 1. Mining Claims on Federal Public Domain Generally. › Sec. 27.10.020. Grubstake contracts to be in writing and recorded.

All contracts commonly known as “grubstaking,” except as between the parties making them, are void unless in writing, subscribed by the parties, and recorded with the recorder of the recording district in which the location is made. The contract must contain the names of the parties and the duration of the contract.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 1. Mining Claims on Federal Public Domain Generally. › Sec. 27.10.030. Manner of designating a lode claim location.

The discoverer of a lode claim shall designate the location as follows:
(1) by posting at the northeast corner of the claim a plain sign or notice containing
(A) the name of the lode claim;
(B) the name of the locator or locators;
(C) the date of the location;
(D) the approximate bearings of corners and angle posts of the claim and the distances between them; and
(2) by erecting at each corner or angle of the claim substantial monuments of stone or setting posts, not less than three feet in height nor less than three inches in diameter hewn, and marked with the name of the claim, the position or number of the monument, and the direction of the boundary lines and by cutting out, blazing, or marking the boundary lines so that they can be readily traced; where it is impracticable to place a monument in its true position, a witness monument shall be erected and marked to indicate the true position of the corner or angle.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 1. Mining Claims on Federal Public Domain Generally. › Sec. 27.10.040. Manner of designating a placer claim location.

The discoverer of a placer claim shall designate the location as follows:
(1) by posting on one of the posts or monuments marking the boundaries of the claim a plain sign or notice containing
(A) the name or number of the claim;
(B) the name of the locator or locators;
(C) the date of the location;
(D) the number in feet in length and width claimed; and
(2) by erecting at each corner or angle of the claim substantial monuments or posts not less than three feet in height nor less than three inches in diameter, hewn and marked with the name of the claim, the position or number of the monument, and the direction of the boundary lines and by cutting out, blazing, or marking the boundary lines so that they can be readily traced.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 1. Mining Claims on Federal Public Domain Generally. › Sec. 27.10.050. Certificate of location to be recorded.

The locator of a lode claim or placer claim shall within 90 days after the date of posting the notice of location on the claim have the claim recorded by recording a certificate of location with the recorder of the recording district in which the claim is located. The certificate of location must contain
(1) the name or number of the claim;
(2) the number of feet in length and width of the claim;
(3) the date of discovering and of posting the notice of location;
(4) the name of the locator or locators;
(5) a description of the claim with such reference to some natural object or permanent monument so that an intelligent person with a knowledge of the prominent natural objects and permanent monuments in the vicinity can identify the claim.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 1. Mining Claims on Federal Public Domain Generally. › Sec. 27.10.070. Changes in locations and amended notices.

Notices may be amended at any time and monuments changed to correspond with the amended location, but no change may be made that interferes with the rights of others. Whenever monuments are changed or an error is made in the notice or in the certificate of location, an amended certificate of location shall be recorded in the same manner and with the same effect as the original certificate.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 2. Placer Claims on Federal Public Domain. › Sec. 27.10.100. Limits on size of individual placer claims.

The unit of placer locations in the state is 20 acres, and no single or individual placer mining claim may be located in excess of 20 acres nor have a greater length than 1,320 feet. Where a parcel of placer ground lies between and adjoins two or more validly located claims, the restriction as to length does not apply.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 2. Placer Claims on Federal Public Domain. › Sec. 27.10.130. Value of labor or improvements required on placer claims.

Upon each placer mining claim located after March 14, 1935, until patent is issued, not less than $100 worth of labor shall be performed or improvements made during each year for each 20 acres or excess fraction contained in the claim.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 2. Placer Claims on Federal Public Domain. › Sec. 27.10.140. Location in violation of AS 27.10.090 - 27.10.140 is void.

A placer mining claim attempted to be located in violation of AS 27.10.090 - 27.10.140 is null and void, and the whole area of it may be located by a qualified locator as if no earlier attempt had been made, and no placer mining claim that contains a greater area or is longer than is fixed by law may be patented.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 3. Annual Labor or Improvements. › Sec. 27.10.150. Annual labor or improvements required.

(a) During each year beginning at noon on September 1, and until patent is issued, annual labor shall be performed or improvements made on, or for the benefit of or development of, each mining claim in the state to the extent required by the laws of the United States applicable to Alaska.
(b) If the owner of a mining claim fails to perform the annual labor or make the improvements required by the laws of the United States, the claim is forfeited and open to location by others as if no location of it had ever been made.
(c) If the general laws of the United States requiring annual labor upon mining claims in Alaska are suspended or waived, administratively or by statute, the laws of the state requiring annual labor under this section upon mining claims are likewise suspended or waived upon the same terms and conditions.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 3. Annual Labor or Improvements. › Sec. 27.10.160. Affidavit of labor or improvements.

Within 90 days after September 1 of each year the owner of a mining claim, or some other person having knowledge of the facts, shall make and record with the recorder for the district in which the claim is located an affidavit showing the performance of labor or the making of improvements. The affidavit must contain
(1) the name or number of the mining claim and where situated;
(2) the number of days' work done and the character and value of the improvements made;
(3) the date of the performance of the labor and of the making of improvements;
(4) at whose instance the work was done or the improvements made;
(5) the actual amount paid for the work and improvements, and by whom paid, when the work was not done by the owner or the lessee of the owner.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 3. Annual Labor or Improvements. › Sec. 27.10.180. Notice to co-owners to contribute to cost of annual labor or improvements and forfeiture for failure to contribute.

If one of several co-owners fails to contribute the proportion of the expenditures required for annual labor from the co-owner, the co-owners who have performed the labor or made the improvements may, at the expiration of the annual labor year, give the delinquent co-owner personal notice in writing, or notice by publication in the newspaper published nearest the claim for at least once a week for 90 days and, if at the expiration of 90 days after the service of the notice in writing or 90 days after the completion of the publication the delinquent co-owner fails or refuses to contribute the proportion of the required expenditures, that co-owner's interest in the claim is forfeited to the co-owners who have made the expenditures.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 3. Annual Labor or Improvements. › Sec. 27.10.190. Recording the notice to contribute and affidavits.

(a) Within 120 days after personal service or within 120 days after the completion of publication of the notice provided for in AS 27.10.180, the co-owner who claims the forfeiture shall record in the office of the recorder of the recording district in which the claim is located a copy of the notice with the following affidavits attached:
(1) an affidavit of the person serving the notice giving the time, place, and manner of service and by whom and upon whom the service was made or, if service was made by publication in a newspaper, an affidavit of the editor, publisher, printer, or foreman of the newspaper giving the name of the newspaper, the place where, and the time during which the notice was published, and the number of insertions;
(2) an affidavit of the co-owner who claims the forfeiture stating that neither the delinquent co-owner nor any person acting for the delinquent co-owner has paid or tendered to the affiant the delinquent's proportion of the expenditures for annual labor or improvements.
(b) The record of the notice and affidavits or a certified copy of it is prima facie evidence of the facts contained in it.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 3. Annual Labor or Improvements. › Sec. 27.10.200. Lienholder may perform the annual labor.

A person who holds a claim to or lien upon an unpatented mining claim under a certificate of sale, mortgage, attachment, levy, judgment, or other lien, may, when necessary for the protection of the lien or claim, go upon the mining claim and perform or cause to be performed the annual labor required by law to prevent forfeiture. Before performing the labor the person shall mail a written notice of intention to perform the annual labor on the claim to the owner of the claim at the owner's last known address.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 3. Annual Labor or Improvements. › Sec. 27.10.210. Lien for performance of annual labor.

(a) The person performing or causing to be performed annual labor upon an unpatented mining claim as provided in AS 27.10.200 shall have a lien upon the claim for the assessment work, including the reasonable cost of transportation to and from the claim incurred in doing the work. The lien is enforced either as in other suits for the foreclosure of liens upon real property or as supplemental accruing costs in an action, if any, then pending in which the claim has been levied upon by attachment, execution, or other court process.
(b) A person claiming a lien under this section shall within 90 days after the completion of the annual labor for which the lien is claimed record in the office of the recorder of the recording district in which the property on which the lien is claimed is situated a notice of claim of lien, verified by the oath of the claimant or another person having knowledge of the facts, and stating the name of the owner or reputed owner of the property, the amount of the claim, the time of the performance of the annual labor for which the lien is claimed, the nature of the labor done or improvements made, and the amount of the claim, including costs of transportation, after deducting all just credits and offsets.
(c) An independent suit or action brought to enforce a lien under this section shall be commenced within six months after the recording of the notice of claim of lien.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 3. Annual Labor or Improvements. › Sec. 27.10.220. Lien for annual labor is independent of other liens.

The lien given for the performance of annual labor by AS 27.10.210, if the work is done in good faith and necessarily for the protection either of possession under a certificate of sale or of an attachment, levy, mortgage, judgment, or other lien, remains in effect notwithstanding the contemporaneous or subsequent vacation, dissolution, or setting aside of, or redemption from, the certificate of sale, attachment, levy, mortgage, judgment, or other lien.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 3. Annual Labor or Improvements. › Sec. 27.10.230. Surveys may qualify as annual labor.

The term “labor” where used in AS 27.10.130 and 27.10.150 includes, without being limited to, geological, geochemical, and geophysical surveys conducted by qualified experts and verified by a detailed report recorded in the recording district office in which the claim is located that sets forth fully (1) the location of the work performed in relation to the point of discovery and boundaries of the claim, (2) the nature, extent, and cost thereof, (3) the basic findings therefrom, and (4) the name, address, and professional background of the person or persons conducting the work. Surveys of this kind, however, may not be applied as labor for more than two consecutive years or for more than a total of five years on any one mining claim, and each of these surveys shall be nonrepetitive of any previous survey on the same claim.
2023 Alaska Statutes › Title 27. Mining › Chapter 10. Location and Development of Mining Claims on Federal Public Domain › Article 3. Annual Labor or Improvements. › Sec. 27.10.240. Definitions for AS 27.10.230.

In AS 27.10.230,
(1) “geochemical surveys” means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of chemistry as they relate to the search for and discovery of mineral deposits;
(2) “geological surveys” means surveys on the ground for mineral deposits by the proper application of the principles and techniques of the science of geology as they relate to the search for and discovery of mineral deposits;
(3) “geophysical surveys” means surveys on the ground for mineral deposits through the employment of generally recognized equipment and methods for measuring physical differences between rock types or discontinuities in geological formations;
(4) “qualified expert” means an individual qualified by education or experience to conduct geological, geochemical, or geophysical surveys.
2023 Alaska Statutes › Title 27. Mining › Chapter 19. Reclamation › Sec. 27.19.010. Administration; applicability.

(a) The commissioner of natural resources shall implement this chapter.
(b) This chapter applies to state, federal, municipal, and private land and water subject to mining operations.
(c) Except as provided in AS 27.19.040(b), this chapter does not apply to an activity regulated under AS 27.21.
(d) This chapter does not alter or diminish the authority of another state agency, a state corporation, the University of Alaska, or a municipality under its laws and regulations.
(e) The owner of private land may establish requirements for reclamation in excess of those established by this chapter.
(f) The commissioner may not require a miner to reclaim under this chapter that portion of a previously mined area that was a part of a mining operation activity occurring before October 15, 1991.
2023 Alaska Statutes › Title 27. Mining › Chapter 19. Reclamation › Sec. 27.19.030. Reclamation plan.

(a) Except as provided in AS 27.19.050, a miner may not engage in a mining operation until the commissioner has approved a reclamation plan for the mining operation.
(b) In reviewing a reclamation plan for state, federal, or municipal land under (a) of this section, the commissioner may consider, after consultation with the commissioners of environmental conservation and fish and game and with the concurrence of the miner and landowner, uses to which the land may be put after mining has been completed, including trails, lakes, recreation sites, fish and wildlife enhancement, commercial, and agriculture uses.
2023 Alaska Statutes › Title 27. Mining › Chapter 19. Reclamation › Sec. 27.19.050. Exemption for small operations.

(a) AS 27.19.030(a) and 27.19.040 do not apply to a mining operation
(1) where less than five acres are mined at one location in any year and there is a cumulative unreclaimed mined area of less than five acres at one location; or
(2) where less than five acres and less than 50,000 cubic yards of gravel or other materials are disturbed or removed at one location in any year and there is a cumulative disturbed area of less than five acres at one location.
(b) To obtain an exemption under (a) of this section, a miner shall file a letter of intent notifying the commissioner of the
(1) total acreage and volume of material to be mined;
(2) total acreage to be reclaimed; and
(3) reclamation measures to be used.
(c) A miner exempt under (a) of this section shall file an annual reclamation statement with the commissioner disclosing the total acreage and volume of material mined by the operation in the current year, the total acreage reclaimed, and the specific reclamation measures used to comply with AS 27.19.020. A miner does not qualify for an exemption under (a) of this section for subsequent operations unless the annual reclamation statement for the previous operation has been filed with the commissioner.
(d) A miner exempted from the requirements of AS 27.19.030(a) and 27.19.040 under (a) of this section that fails to reclaim a mining operation to the standards of AS 27.19.020 is required for two consecutive years to conduct each subsequent mining operation, regardless of size, under an approved reclamation plan and to provide an individual financial assurance.
2023 Alaska Statutes › Title 27. Mining › Chapter 19. Reclamation › Sec. 27.19.070. Violations.

(a) A miner who violates or permits a violation of an approved reclamation plan and fails to comply with a lawful order of the commissioner forfeits the financial assurance or a portion of the assurance and is liable to the state in a civil action for the full amount of reclamation and administrative costs incurred by the state related to the action. A miner exempted under AS 27.19.050(a) is subject to civil action for the full amount of reclamation and administrative costs incurred by the state related to the action if the commissioner determines that reclamation was not conducted under AS 27.19.020.
(b) In addition to other remedies available under this chapter, the commissioner may suspend or revoke permits or approvals of operations not being conducted under the approved reclamation plan and deny future mining permits and approvals under this title and AS 38 related to the mining operation for failure to reclaim the mining operation to the standards of this chapter.
(c) A miner who has forfeited a financial assurance or has been held liable in a civil action under (a) of this section may conduct future mining operations only after posting a reclamation risk assessment fee equal to five times the amount of financial assurance established under AS 27.19.040(a) for the proposed mining operation. The reclamation assessment fee shall be refunded after two consecutive years of operation consistent with this chapter.
2023 Alaska Statutes › Title 27. Mining › Chapter 19. Reclamation › Sec. 27.19.100. Definitions.

In this chapter,
(1) “lode mine” means a mining operation that removes the minerals from consolidated rock rather than from a placer deposit;
(2) “materials” means sand, gravel, riprap, rock, limestone, slate, peat, and other substances from the ground that are not locatable or leasable under state law;
(3) “mined area”
(A) means an active site of physical extraction, stockpiling, or the disposal of ore, overburden, tailings, or processed materials, stream diversions, bypasses, and settling ponds;
(B) does not include reclaimed areas approved by the commissioner;
(4) “miner” means the owner, operator, or leaseholder of a mining operation;
(5) “mining operation”
(A) means each function, work, facility, and activity in connection with the development, extraction, and processing of
(i) a locatable or leasable mineral deposit except oil, gas, or coal;
(ii) other materials or of a sand and gravel deposit; and
(iii) each use reasonably incident to the development, extraction, and processing of a locatable or leasable mineral deposit or materials;
(B) includes the construction of facilities, roads, transmission lines, pipelines, and other support facilities;
(6) “reclamation plan” means a plan submitted by a miner under regulations adopted by the commissioner for the reclamation of a proposed mining operation;
(7) “stable condition” means the rehabilitation, where feasible, of the physical environment of the site to a condition that allows for the reestablishment of renewable resources on the site within a reasonable period of time by natural processes;
(8) “state land” includes
(A) the land of the University of Alaska;
(B) the land of state corporations;
(9) “unnecessary and undue degradation”
(A) means surface disturbance greater than would normally result when an activity is being accomplished by a prudent operator in usual, customary, and proficient operations of similar character and considering site specific conditions;
(B) includes the failure to initiate and complete reasonable reclamation under the reclamation standard of AS 27.19.020 or an approved reclamation plan under AS 27.19.030(a).
2023 Alaska Statutes › Title 27. Mining › Chapter 20. Mine Operation › Sec. 27.20.005. Purposes.

This chapter is intended to provide uniform safety standards for all mining operations conducted within the state; to afford maximum freedom of operation to mining operators while assuring proper working conditions for their employees in regard to mining operations; to insure the protection of the public safety and public interest; and to provide for the conservation of natural resources in the public interest in relating to mining operations.
2023 Alaska Statutes › Title 27. Mining › Chapter 20. Mine Operation › Sec. 27.20.010. Regulations.

(a) The commissioner may adopt the regulations and issue the orders considered necessary to carry out the purposes of this chapter, and the regulations shall have the force and effect of law. Regulations and orders authorized by this chapter shall be consistent with its purposes and may include but are not limited to regulations and orders pertaining to and supplementing the subject matter contained in this chapter. The commissioner, in adopting coal mining safety regulations, shall, as nearly as is practicable, conform to the federal regulations applicable to bituminous coal and lignite mine safety.
(b) All regulations and orders authorized by this chapter shall be adopted in accordance with AS 44.62 (Administrative Procedure Act.
2023 Alaska Statutes › Title 27. Mining › Chapter 20. Mine Operation › Sec. 27.20.021. Inspection of mining operations.

The department may enter, inspect, and examine any mining operations in the state and inspect and examine the workings and the machinery belonging to it at all reasonable times, either day or night, but not so as to impede or obstruct the workings of the mining operation more than is necessary. The department may also make inquiry into the condition of the mine, workings, machinery, ventilation, drainage, and methods of lighting or using lights and into methods, things, and appliances connected with and relating to the health and safety of persons in or about the mine. The manager of each mine shall furnish the means necessary for entry, inspection, examination, inquiry, and exit.
2023 Alaska Statutes › Title 27. Mining › Chapter 20. Mine Operation › Sec. 27.20.031. Correcting unsafe conditions.

If, upon examination, a mine or a portion of it is found to be in an unsafe condition as defined by regulations adopted under this chapter or if proper first aid or mine rescue measures have not been adopted, the department shall at once serve notice in writing upon the owner, lessee, agent, operator, manager, or superintendent of the mine, setting out the nature of the defects that render the mine unsafe or insecure and the place in the mine where the defects exist, and require the repairs necessary to remedy the defects to be made within a specified time. If circumstances require it, the department shall forbid the operation of the mine or portion of it that is declared unsafe or insecure, except for the purpose of making necessary repairs to make the mine safe for employees in it and for the purpose of permitting inspection and investigation of the conditions described in the notice.
2023 Alaska Statutes › Title 27. Mining › Chapter 20. Mine Operation › Sec. 27.20.041. Reports to be confidential.

The department shall keep confidential, upon the request of the person supplying the information, all reports and information required to be filed by regulations adopted under this chapter and all information deducible from filed information. Except by order of a court of competent jurisdiction, the information shall be revealed only to authorized employees and officers of the state and persons authorized in writing by the persons supplying the information. The information may also be made available to the public in the form of statistical reports if the identity of any particular person or mine operator is not revealed by the reports.
2023 Alaska Statutes › Title 27. Mining › Chapter 20. Mine Operation › Sec. 27.20.061. Definitions.

In this chapter,
(1) “department” means the Department of Natural Resources;
(2) “mining operation” includes all parts of a mine or mineral exploration project in the state and any mining or treatment plant or equipment connected with it, underground or on the surface, that contributes or may contribute to the mining or treatment of ore or other metalliferous or nonmetalliferous mineral product; the term also includes a site of tunneling, shaft-sinking, quarrying, or excavation of rock for other purposes, including but not limited to the construction of water or highway tunnels or drains or of underground sites for the housing of industrial plants or other facilities.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.050. Conflict of interest.

An employee of the department or a private contractor performing a function or duty under this chapter may not have a direct or indirect financial interest in an underground or surface coal mining operation. A person who knowingly violates this section is guilty of a class A misdemeanor.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.060. Permits.

(a) Beginning eight months after May 2, 1983, a person may not conduct a surface coal mining and reclamation operation in the state without a permit for that operation. To receive a permit, a person must apply to the commissioner. The commissioner shall process applications according to this chapter and regulations adopted under it.
(b) [Repealed, § 82 ch 6 SLA 1984.]
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.070. Term of permit.

(a) Permits will be issued for a term of five years. However, the commissioner may grant a permit for a longer term if the application is complete for that longer term and the applicant demonstrates that the longer term is necessary to allow the applicant to obtain financing for equipment or for the opening of the operation.
(b) A permit terminates if a permittee does not begin surface coal mining operations under the permit within three years after the permit is issued. The commissioner may grant reasonable extensions of time if the permittee shows that the extensions are necessary (1) because of litigation that precludes the commencement of the operation or threatens substantial economic loss to the permittee; or (2) for reasons beyond the control and without the fault or negligence of the permittee. With respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee is considered to have begun surface mining operations at the time that the construction of the synthetic fuel or generating facility is begun.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.090. Application fee.

An application for a new permit, permit renewal, or transfer of a permit must be accompanied by an application fee. The commissioner shall adopt regulations setting out a fee schedule. The application fee may not exceed the actual or anticipated costs of reviewing the application.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.100. Public information and inspection.

(a) An applicant for a permit shall file a copy of the application for public inspection at a location designated by the commissioner near the area of the proposed surface coal mining operation. The applicant may exclude from the copy filed under this subsection information that is confidential under (c) of this section.
(b) Copies of records, permits, inspection materials, data obtained under AS 27.21.120, or other information obtained under this chapter by the commissioner relating to a surface coal mining and reclamation operation, other than information that is confidential under (c) of this section, must be made immediately and conveniently available to the public at the district office of the department closest to the location of the surface coal mining and reclamation operation.
(c) Information
(1) gathered from the proposed permit area included in the application for a permit and pertaining to coal seams, test borings, core samplings, or soil samples must be made available to any person with an interest that is or may be adversely affected, except that information that relates only to the analysis of the chemical and physical properties of the coal, other than information regarding the mineral or elemental content that is potentially toxic in the environment, must be kept confidential and not made a matter of public record;
(2) in the applicant's reclamation plan relating to the competitive rights of the applicant, including but not limited to trade secrets, commercial or financial information, and geologic information specifically identified as confidential by the applicant and determined by the commissioner to be not essential for public review shall be kept confidential and not be made a matter of public record.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.110. Contents of application.

The commissioner shall adopt regulations relating to the contents of an application for a permit under this chapter that include a reclamation plan and liability insurance consistent with the requirements of 30 U.S.C. 1257(b) and 30 U.S.C. 1258, as amended. The regulations must take into account the unique mining and environmental conditions of Alaska.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.120. Small operator assistance.

(a) The provisions of this section apply when the commissioner finds that the probable total annual production of all of the surface coal mining operations of an applicant or, if the applicant is a subsidiary of another corporation, the applicant's parent corporation and its subsidiaries will not exceed 300,000 tons.
(b) At the written request of an applicant, the commissioner shall
(1) determine, for each applicant or applicant's parent corporation and subsidiaries, as appropriate, the data that may be necessary in order to
(A) evaluate the probable hydrologic consequences of the applicant's surface mining and reclamation operations in the proposed permit area and adjacent areas;
(B) evaluate the results of test borings on core samplings for the proposed permit area;
(C) develop cross-section maps and plans, if required;
(D) fulfill archeological and historic information required by AS 44.37.040(3);
(E) fulfill all requirements that are imposed on the applicant or the applicant's parent corporation and subsidiaries if, under a regulation adopted under authority of this chapter, the applicant or applicant's parent corporation is required to complete a preblasting survey of nearby dwellings or structures and to prepare a report of the survey; and
(F) fulfill requirements applicable to collecting site-specific resources information, producing protection and enhancement plans for fish and wildlife habitats and for subsistence uses of the permit area and adjacent areas, and preparing information and plans for any other environmental values; and
(2) to the maximum extent possible with money appropriated, engage, at no cost to the applicant, a qualified laboratory to collect, analyze, and report the results of the data for the tasks set out in (1)(A) - (F) of this subsection.
(c) The collection and analysis of data under (b)(2) of this section may proceed concurrently with the applicant's development of a reclamation plan.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.130. Public notice of application.

At the time an applicant submits an application for a permit or for a revision of a permit, the applicant shall give notice in the manner set out in AS 38.05.945(b) and (c) except as may be provided otherwise by regulations adopted under this chapter.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.140. Objection to application; informal conference.

(a) A person who is or may be adversely affected by the issuance or revision of a permit or a federal, state, or municipal agency may file written comments or objections to the permit or revision with the commissioner within 30 days after the last publication of the notice required in AS 27.21.130 and may include with the objection a request for an informal conference.
(b) The commissioner shall immediately provide a copy of any comments or objections filed under (a) of this section to the applicant and shall make them available to the public. If an informal conference is requested under (a) of this section, the commissioner shall hold an informal conference in the locality of the operations proposed in the application. Notice requirements and procedures for informal conferences must be set out in regulations adopted under this chapter.
(c) The commissioner shall notify the applicant, any person who filed a comment or objection under (a) of this section, and any participant in an informal conference held under (b) of this section, in writing, of the decision to grant, condition, modify, or deny the permit or revision, and, if the decision is not to grant the permit or revision, of the specific reasons for the decision. The commissioner shall provide notification of the decision within 60 days after an informal conference or, if there has not been an informal conference, within the time established in AS 27.21.180.
(d) If the application is approved, the permit shall be issued upon filing of the performance bond required by AS 27.21.160 or satisfactory compliance with the requirements of the statewide bonding pool for mining operations established under AS 27.19.040(b).
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.150. Hearings.

(a) Within 30 days after an applicant is notified under AS 27.21.140(c) of the commissioner's decision concerning the application, the applicant or a person who is or may be adversely affected by the decision may request a hearing to review the reasons for the decision. The commissioner shall hold the hearing within 30 days after the request and shall notify the interested parties of the hearing at the time the applicant is notified. AS 44.62 (Administrative Procedure Act) applies to a hearing under this section except as provided by regulations adopted under this chapter.
(b) If a hearing is requested under (a) of this section, the commissioner may, under conditions the commissioner prescribes, grant appropriate temporary relief pending the commissioner's final decision if
(1) the parties to the hearing have been notified and given an opportunity to be heard on a request for temporary relief;
(2) the party requesting the temporary relief shows that there is a substantial likelihood that the party will prevail in the final decision of the hearing; and
(3) the temporary relief will not adversely affect the public health or safety or cause significant imminent harm to land, air, or water resources.
(c) The person presiding at the hearing may administer oaths, subpoena witnesses, subpoena written or printed materials, compel the attendance of witnesses or the production of materials, and take evidence including but not limited to evidence derived from site inspections of the land that will be affected by the permit or revision and other surface coal mining operations conducted by the applicant in the general vicinity of the operation proposed in the application. On the motion of a party or by order of the commissioner, a verbatim record of a hearing required by this chapter shall be made and a transcript made available.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.190. Revision and transfer of permit.

(a) During the term of a permit, the permittee may submit to the commissioner an application for revision of the permit, with necessary revisions to the permittee's reclamation plan.
(b) The commissioner may not approve an application for revision of a permit unless the commissioner finds that reclamation required by this chapter and the regulations adopted under it can be accomplished under the necessary revisions to the reclamation plan. The commissioner shall establish guidelines for determining the extent of revision for which all permit application requirements and procedures, including notice and hearing, shall apply. A revision that, in the commissioner's determination, requires significant revisions to the applicant's reclamation plan must, at a minimum, be subject to a notice and hearing requirement.
(c) A permittee may not apply under this section for an extension of the permit area, except by incidental boundary revision.
(d) A permittee may not transfer, assign, or sell a permit or the rights granted under a permit without the written approval of the commissioner. A successor in interest to a permittee may continue the surface coal mining and reclamation operation of the permittee until the successor's transfer application is granted or denied if the successor
(1) applies for a new permit within 30 days of succeeding to that interest; and
(2) obtains the same bond coverage as the permittee.
(e) After the commissioner issues a permit, the commissioner shall, within a time limit established by regulation, review the permit and may, for good cause, require reasonable revisions of the permit during the term of the permit. A revision under this subsection must be based on a written finding of the commissioner relating to the need for the revision and is subject to notice and hearing requirements established by the commissioner by regulation.