reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.200. Coal exploration permits.

(a) A person may conduct coal exploration activities that substantially disturb the natural land surface only according to regulations adopted by the commissioner. Before conducting the coal exploration activities, the person shall file with the commissioner a notice of intent to explore that includes a description of the exploration area and the period of proposed exploration.
(b) The regulations adopted by the commissioner under (a) of this section must include provisions for reclamation, according to the performance standards established under AS 27.21.210, of land disturbed by the coal exploration activities, including reclamation of excavations, roads, and drill holes, and the removal of facilities and equipment.
(c) The commissioner shall keep information submitted to the commissioner under this section confidential upon request of the person submitting the information if the information is a
(1) trade secret or relates to a trade secret; or
(2) privileged competitive right of the applicant for the coal exploration permit.
(d) A person who conducts a coal exploration activity that substantially disturbs the natural land surface in violation of the requirements of this section or regulations adopted under this section is subject to the provisions of AS 27.21.240.
(e) A person may not remove more than 250 tons of coal under a coal exploration permit without the specific written approval of the commissioner.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.210. Performance standards.

The commissioner shall adopt regulations consistent with the environmental performance standards of the Surface Mining Control and Reclamation Act of 1977 and the regulations promulgated under that Act for both surface coal mining and reclamation operations and surface effects of underground mining with appropriate adjustments to the special physical, hydrological, biological, and climatic conditions in the state. All permits issued under this chapter shall require that surface coal mining and reclamation operations and coal exploration activities must comply with those environmental performance standards.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 2. Surface Coal Mining. › Sec. 27.21.220. Surface effects of underground coal mining.

(a) The provisions of this chapter apply to the surface effects of underground coal mining. However, the commissioner shall consider the inherent difference between underground mining and surface mining in adopting regulations under this chapter that apply to underground mining.
(b) In order to protect the stability of the land, the commissioner shall suspend underground coal mining under municipalities or communities and adjacent to industrial or commercial buildings, major impoundments, or permanent streams, if the commissioner finds imminent danger to inhabitants of the municipalities or communities.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 3. Abandoned Mines. › Sec. 27.21.270. Abandoned Mine Reclamation Fund.

The commissioner may take the actions necessary to ensure state participation to the fullest extent practicable in the Abandoned Mine Reclamation Fund created in 30 U.S.C. 1231 and to function as the state agency for that participation. In conformity with the Surface Mining Control and Reclamation Act of 1977, the commissioner shall
(1) by regulation, establish priorities that meet the terms of the Surface Mining Control and Reclamation Act of 1977 for the expenditure of money received by the commissioner from the Abandoned Mine Reclamation Fund;
(2) designate land and water eligible for reclamation or abatement with money received by the commissioner from the Abandoned Mine Reclamation Fund;
(3) submit reclamation plans, annual projects, and applications to the appropriate authorities under the terms of the Surface Mining Control and Reclamation Act of 1977; and
(4) administer money received by the state for abandoned mine reclamation or related purposes from the Abandoned Mine Reclamation Fund.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 3. Abandoned Mines. › Sec. 27.21.280. Eligible land and water.

Land and water eligible for reclamation or drainage abatement expenditures under this chapter are those that were mined for coal or were affected by such mining, wastebanks, coal processing, or other coal mining processes, and abandoned or left in an inadequate reclamation status before August 3, 1977, and for which there is no continuing reclamation responsibility under state or federal law.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 3. Abandoned Mines. › Sec. 27.21.290. Entry onto abandoned mine area.

(a) The commissioner may enter real property that has been adversely affected by past surface coal mining practices and other real property necessary for access to adversely affected real property to restore or reclaim the real property or to abate, control, or prevent the adverse effects. The money expended for and the benefits accruing to the real property from work performed under this subsection is chargeable against the real property and mitigates or offsets a claim in or an action brought by an owner of an interest in the real property for damages resulting from the entry. This subsection does not create new rights of action or eliminate existing immunities.
(b) The commissioner may enter real property for the purposes of conducting studies or exploratory work to determine the existence of adverse effects from past surface coal mining practices and to determine the feasibility of restoring or reclaiming the real property or abating, controlling, or preventing the adverse effects of past coal mining practices.
(c) The commissioner may enter real property under (a) or (b) of this section only after
(1) giving notice of the entry by mailing it to the owners if they are known or, if not known, by posting notice on the premises and advertising once a week for four consecutive weeks in a newspaper of general circulation in the area in which the land is located;
(2) making written findings that
(A) the land or water resources have been adversely affected by past coal mining practices;
(B) the adverse effects are at a stage that, in the public interest, action to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices should be taken; and
(C) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known or readily available or will not give permission for the entry.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 3. Abandoned Mines. › Sec. 27.21.300. Acquisition of abandoned mine areas.

(a) The commissioner may, by purchase, donation, or condemnation in accordance with AS 09.55.240 - 09.55.460, acquire real property that has been adversely affected by past surface coal mining practices if the commissioner determines that
(1) acquisition of the real property is necessary to the successful reclamation of the real property and is in the public interest; and
(2) the real property, after its restoration or reclamation or after the abatement, control, or prevention of the adverse effects, will serve recreational, historic, conservation, or reclamation purposes or will provide open space benefits; and
(3) permanent facilities will be constructed on the real property for the restoration or reclamation of the real property or for the abatement, control, or prevention of the adverse effects; or
(4) if the real property includes a coal refuse disposal site, the acquisition of the coal refuse disposal site and the coal refuse on the site will serve the purposes of this section; or
(5) public ownership is desirable to meet emergency situations created by the adverse effects and to prevent recurrences of the adverse effects.
(b) Title to real property acquired under this section is in the state. If the commissioner acquires the real property by purchase or condemnation, the commissioner shall pay the fair market value of the real property as adversely affected by past coal mining practices.
(c) If real property acquired under this section is suitable for industrial, commercial, residential, or recreational development, the commissioner may sell the real property by competitive bidding, at not less than the fair market value of the real property. The commissioner shall adopt regulations relating to the sale of real property under this subsection that will ensure that the use of the real property is consistent with any state and local land use plans. If money received by the commissioner from the federal government is involved in the acquisition of the real property, the commissioner may sell the real property only if the sale is authorized by the Secretary of the United States Department of the Interior. If a person requests it, the commissioner shall hold a hearing in the area in which the real property is located to consider the use or disposition of the real property after its restoration or reclamation or after the abatement, control, or prevention of adverse effects. The commissioner shall hold the hearing at a time that will afford local residents and representatives of municipal government in the area the maximum opportunity to participate in the hearing. The commissioner shall publish notice of the hearing in a newspaper of general circulation in the area in which the real property is located at least 10 days before holding the hearing.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 3. Abandoned Mines. › Sec. 27.21.310. Liens on abandoned mine areas.

(a) Within six months after the completion of a project under AS 27.21.290 to restore or reclaim privately owned real property or to abate, control, or prevent the adverse effects of past surface coal mining practice on privately owned real property, the commissioner shall itemize the money spent on the project. If the project results or will result in a significant increase in the real property's fair market value, the commissioner may file a statement of the money spent in the recording office in the area in which the real property is located with a notarized appraisal by a licensed appraiser of the fair market value of the real property before the project began. The statement constitutes a lien on the real property as of the date of the expenditure which is second only to the lien of property taxes. The lien may not exceed the amount determined by either of two appraisals to be the increase in the fair market value of the real property as a result of the project. A lien may not be filed under this subsection against real property of a person who owned the surface before May 2, 1977, and who did not consent to, participate in, or exercise control over the surface coal mining operation that necessitated the project.
(b) A person affected by a lien under (a) of this section may petition the commissioner within 60 days after the recording of the lien for a hearing concerning the amount of the lien.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 3. Abandoned Mines. › Sec. 27.21.320. Filling voids and sealing tunnels.

The commissioner may authorize the filling of voids, sealing open and abandoned tunnels, shafts, and entryways resulting from any previous mining operation and reclaim surface impacts of underground and surface mines to the extent authorized by the Secretary of the United States Department of the Interior.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 3. Abandoned Mines. › Sec. 27.21.330. Emergency powers in abandoned mine areas.

(a) In emergency situations the commissioner may use money available to the state in the Abandoned Mine Reclamation Fund for the purposes of AS 27.21.290(a) if the commissioner finds that
(1) an emergency exists that constitutes a danger to the public health, safety, or general welfare; and
(2) no other person or agency will act expeditiously for those purposes.
(b) If the commissioner makes the findings described in (a) of this section, the commissioner may enter on real property under AS 27.21.290(a) or (b) without giving the notice or making the findings required by AS 27.21.290(c). An entry onto real property under this section may not be considered a condemnation of property or a trespass.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 3. Abandoned Mines. › Sec. 27.21.340. Miscellaneous powers regarding abandoned mine lands.

(a) The commissioner may request the attorney general to initiate, in addition to any other remedies provided for in this chapter, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct the work described in AS 27.21.270 - 27.21.340.
(b) The state has the power and authority to construct and operate plants for the control and treatment of water pollution resulting from mine drainage, including major interceptors and other appurtenant facilities, so long as that control and treatment complies with 33 U.S.C. 1251 - 1376 (the Federal Water Pollution Control Act).
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 4. General Provisions. › Sec. 27.21.910. Exemptions.

The provisions of this chapter do not apply to the extraction of coal
(1) by a landowner or lessee for the landowner's or lessee's own noncommercial use from land owned or leased by it;
(2) for commercial purposes if the surface coal mining operation affects two acres or less; or
(3) as an incidental part of highway or other construction financed in whole or in part as specified by regulation, by federal, state, or municipal government agency.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 4. General Provisions. › Sec. 27.21.920. Experimental practices.

In order to encourage advances in mining and reclamation practices, and to allow post-mining land use for industrial, commercial, residential, recreational, or public purposes, the commissioner may, with the approval of the Secretary of the United States Department of the Interior, authorize departures in individual cases on an experimental basis from the environmental performance standards established under AS 27.21.210. The commissioner may authorize these departures if
(1) the experimental practices are, during and after the surface coal mining operation, potentially more protective of the environment than, or at least as protective of the environment as, those required by this chapter and regulations adopted under it;
(2) the surface coal mining operation for which the departure is authorized is not larger than necessary to determine the effectiveness and economic feasibility of the experimental practices; and
(3) the experimental practices do not reduce the protection afforded public health and safety below that provided by law or regulation.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 4. General Provisions. › Sec. 27.21.930. Water rights and replacement.

(a) Nothing in this chapter may be construed to affect the right of a person to protect the person's interest in water resources affected by a surface coal mining operation.
(b) An operator shall replace the water supply of an owner of an interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other beneficial use from an underground or surface source, if the supply has been affected by contamination, diminution, or interruption proximately resulting from the operator's surface coal mining operation.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 4. General Provisions. › Sec. 27.21.950. Civil actions.

(a) Except as provided in (b) of this section, a person who is or may be adversely affected by a failure to comply with this chapter may commence a civil action in the superior court on the person's own behalf and compel compliance with this chapter against
(1) the commissioner, if the commissioner has failed to perform a nondiscretionary act or duty;
(2) an instrumentality or agency of the state that is in violation of this chapter or a regulation adopted, or an order or permit issued, under this chapter; or
(3) a person who is in violation of a regulation adopted or an order or permit issued under this chapter.
(b) A person may not commence an action under (a)(1) of this section until 60 days after giving the commissioner written notice of the intended action in the manner prescribed by regulations adopted by the commissioner, except that an action may be brought immediately after the notice if the commissioner's failure to perform constitutes an imminent threat to the health or safety of the person or would immediately affect a legal interest of the person.
(c) A person may not commence an action under (a)(2) or (3) of this section
(1) until 60 days after the plaintiff has given notice in writing of the violation to the commissioner and to the agency, instrumentality, or alleged violator;
(2) if the state is diligently prosecuting a civil action in a state or federal court to require compliance with the provisions of this chapter or a regulation adopted or an order or permit issued under this chapter; however, any person may intervene in that civil action as a matter of right.
(d) A person may commence an action under this section only in the judicial district in which the surface coal mining operation is located.
(e) Nothing in this section restricts any right that a person or class of persons may have under statute or common law to seek enforcement of any of the provisions of this chapter and the regulations adopted under it or to seek any other relief, including relief against the commissioner.
(f) A person who is injured or whose property is damaged by the violation by a permittee of a regulation adopted or an order or permit issued under this chapter may bring an action for damages, including reasonable attorney fees and expert witness fees, only in the judicial district in which the permittee's operation is located. Nothing in this subsection affects the rights established by or limits imposed under AS 23.30.
(g) In an action under this section, the commissioner may intervene as a matter of right.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 4. General Provisions. › Sec. 27.21.960. Inconsistencies with federal act.

(a) A provision of this chapter that is inconsistent with the provisions of the Surface Mining Control and Reclamation Act of 1977 as determined by the Secretary of the United States Department of the Interior under 30 U.S.C. 1255(b) is invalid from the date of the secretary's determination.
(b) If a provision of the Surface Mining Control and Reclamation Act of 1977 or of the regulations promulgated under that Act by the Secretary of the United States Department of the Interior is deleted, amended, set aside, enjoined, or declared invalid by Congress, the secretary, or in a final, unappealable judgment of a court of competent jurisdiction, then the commissioner shall review the changes made and make an appropriate recommendation as to whether changes in this chapter or the regulations adopted under it should be made.
2023 Alaska Statutes › Title 27. Mining › Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act › Article 4. General Provisions. › Sec. 27.21.970. Relationship to other laws.

(a) Nothing in this chapter abrogates or modifies the power of a state agency to enforce laws and regulations within its jurisdiction, except as specifically stated in this chapter and regulations adopted under it. The commissioner shall coordinate permitting procedures to prevent unnecessary duplication in permit review.
(b) Surface coal mining operations for coal that has been or is conveyed out of federal ownership must meet the requirements of this chapter.
2023 Alaska Statutes › Title 27. Mining › Chapter 22. Bonus for Discovery and Production › Sec. 27.22.010. Discovery and production bonus.

(a) To stimulate prospecting for, discovery of, and production from new domestic mineral-bearing deposits, and in the interest of the general industrial development of the state, the commissioner shall, upon sufficient proof, pay a bonus of $10,000 to a person or persons, partnership, company, or corporation that discovers and produces ore in Alaska under the terms of this chapter.
(b) The commissioner shall pay the bonus for the discovery and production from new domestic mineral-bearing deposits containing one or any combination of those minerals presently eligible for assistance under the Federal Office of Mineral Exploration program. The production must be from a mining location of a lode or placer deposit that has not previously been discovered or worked.
2023 Alaska Statutes › Title 27. Mining › Chapter 22. Bonus for Discovery and Production › Sec. 27.22.020. Amount of production.

The bonus will be paid, not for discovery alone, but only in connection with the delivery and sale to a bona fide purchaser of the first unit shipment of ore or concentrate with a gross market value of $100,000 or more substantiated by affidavit showing completion of sale and receipt of money, gross or net, in hand of the claimant.
2023 Alaska Statutes › Title 27. Mining › Chapter 22. Bonus for Discovery and Production › Sec. 27.22.040. Nature of bonus.

(a) A bonus will be paid only once for production of ores or concentrates from a single lode or placer deposit. The commissioner or a duly authorized representative shall determine whether production from a given location, claim, or group of claims is the first production from the deposit for the purpose of this chapter or whether the deposit has previously been discovered or worked for any of the minerals presently eligible for assistance under the Federal Office of Mineral Exploration program or any other metals or minerals, including gravel, not so listed, or whether production is such as to which a bonus has already been paid, or whether for any reason a bonus is not payable. In making the determination, the commissioner shall be guided by the federal or state mining laws, either of which is applicable, or both. The subdivision of a deposit into units to increase bonus payments will not be recognized in determining eligibility for bonus payments.
(b) The fact that a bonus has already been received will not prevent the payment of another bonus to the same person, partnership, company, or corporation with respect to production from a different deposit.
2023 Alaska Statutes › Title 27. Mining › Chapter 22. Bonus for Discovery and Production › Sec. 27.22.050. Notice of discovery and production; action of the commissioner.

(a) Notice of the discovery of a mineral deposit and production from it believed to meet the requirements of this chapter shall be forwarded to the commissioner by registered letter together with
(1) a brief description of the size, location, and date of discovery of the deposit, including the number, size, and location of mining claims and the name or names of the locators;
(2) the calendar dates during which the ore was mined and concentrate prepared;
(3) an affidavit and supporting documents showing completion of sale and receipt of at least $100,000, gross or net, in hand of the claimant.
(b) Upon receipt of the notice, the commissioner shall make or cause to be made the field investigations, including examination of the claimant's records and other pertinent data, to assure compliance with the expressed intent and purpose of this chapter. If the claimant has fulfilled the necessary requirements as determined by the commissioner, the commissioner shall so certify and pay the bonus.
2023 Alaska Statutes › Title 27. Mining › Chapter 30. Exploration Incentive Credits › Sec. 27.30.025. Conditional certification.

(a) A person may submit a request for conditional certification for the credit when
(1) the person has conducted or intends to conduct exploration activities using an innovative technique;
(2) there exists a substantial question regarding the nature of the exploration data that will be delivered to the department; or
(3) the person contemplates assigning a credit under AS 27.30.060 and there exists a substantial question regarding whether the expenditures will be certified.
(b) A person shall submit a request for conditional certification on a form provided by the department.
(c) The commissioner shall respond to the request within six months from the date of the submission of the request for conditional certification by issuing a letter stating that
(1) under the specific facts and circumstances proposed by the person, the proposed expenditures and data appear eligible for a credit;
(2) there is not adequate information to determine whether the proposed expenditures and data appear to be eligible for a credit; or
(3) the expenditures and data as presented do not appear to be eligible for a credit.
(d) Approval of conditional certification under (c)(1) of this section does not relieve a person from obtaining certification of the credit under AS 27.30.020.
2023 Alaska Statutes › Title 27. Mining › Chapter 30. Exploration Incentive Credits › Sec. 27.30.030. Application of the credit.

(a) In a tax year or royalty payment period, subject to (c) of this section and the respective limitations of this subsection, the person may apply the credit, the taking of which was approved under AS 27.30.020(2), against
(1) taxes payable by the person
(A) under AS 43.65; application of the credit under this subparagraph may not exceed the lesser of
(i) 50 percent of the person's tax liability under AS 43.65 for the tax year that is related to production from the mining operation at which the exploration activities occurred, as shown under (b) of this section; or
(ii) 50 percent of the person's total tax liability under AS 43.65 for the tax year;
(B) under AS 43.20; application of the credit under this subparagraph may not exceed the lesser of
(i) an amount equal to the amount determined under (A)(i) of this paragraph; or
(ii) 50 percent of the person's total tax liability under AS 43.20 for the tax year; and
(2) mineral production royalty payments payable by the person under AS 38.05.135 - 38.05.160 and 38.05.212 for production from the mining operation at which the exploration activities occurred; application of the credit under this paragraph may not exceed 50 percent of the person's mineral production royalty payment liability from the mining operation at which the exploration activities occurred.
(b) If the person applies the credit against the person's tax liability under (a)(1)(A)(i) or (a)(1)(B)(i) of this section, the commissioner of revenue shall disallow application of the credit under that provision unless the person files with the person's tax return an accounting of the person's mining operation activities for each mining operation that is included in the tax return and as to which the credit is being applied. The accounting of mining operation activities required by this subsection shall be made
(1) on a form prescribed by the Department of Revenue; on the form, the person shall
(A) identify the mining operations for which the credit is claimed; and
(B) set out the gross income attributable to the mining operations and other information about the mining operations that the Department of Revenue may require;
(2) without regard to an exemption to which the person may be entitled under AS 43.65.010(a).
(c) The person may not apply the credit under this section if the application would exceed the total amount of the credits approved under AS 27.30.020(2).
2023 Alaska Statutes › Title 27. Mining › Chapter 30. Exploration Incentive Credits › Sec. 27.30.040. Credit may be carried forward.

Except as its application is limited by AS 27.30.030 and 27.30.050, a portion of a credit that is not applied under AS 27.30.030 during a tax year or royalty payment period may be carried forward to and applied during a subsequent tax year or royalty payment period.
2023 Alaska Statutes › Title 27. Mining › Chapter 30. Exploration Incentive Credits › Sec. 27.30.050. Limit on application of credit.

An exploration incentive credit for a mining operation may not exceed $20,000,000 and must be applied within 15 tax years or royalty payment periods after the taking of the credit is approved under AS 27.30.020(2), but the tax years or royalty payment periods in which the credit is applied need not be
(1) the tax year or royalty payment period in which the person first incurs liability for payment of tax or royalty based on the person's activity that is the basis of the claim of the exploration incentive credit; or
(2) consecutive periods.
2023 Alaska Statutes › Title 27. Mining › Chapter 30. Exploration Incentive Credits › Sec. 27.30.060. Assignment of credit.

A person may assign an exploration incentive credit to the person's successor in interest for the mining operation at which the exploration activities occur, but only if the successor in interest is a person qualified to obtain the credit under AS 27.30.010(d). An exploration incentive credit may not be assigned except as permitted in this section.
2023 Alaska Statutes › Title 27. Mining › Chapter 30. Exploration Incentive Credits › Sec. 27.30.070. Responsibility for record of use of credit.

For each mining operation, the commissioner may require each person who proposes to take the credit under AS 27.30.020(2) to provide with the request to take the credit a record of
(1) the person's past use of credits taken under AS 27.30.020(2) and 27.30.030; and
(2) other information that the commissioner requires to determine if approval of the taking of the credit by the person would exceed the limits on use of the credit under this chapter.
2023 Alaska Statutes › Title 27. Mining › Chapter 30. Exploration Incentive Credits › Sec. 27.30.090. Confidentiality of data.

(a) The commissioner shall keep the exploration activity data provided under AS 27.30.020 confidential for 36 months after receipt by the department.
(b) The department is liable in damages to a person who provided the exploration activity data under AS 27.30.020 if the data is disclosed in violation of (a) of this section.
2023 Alaska Statutes › Title 27. Mining › Chapter 30. Exploration Incentive Credits › Sec. 27.30.095. Fees.

The commissioner may charge a fee for the direct costs incurred by the department and the Department of Revenue for evaluating or auditing an application to certify the credit authorized under AS 27.30.010, including the cost of contractors selected by the commissioner to assist in the evaluation or audit. The fee may not exceed
(1) $500 for each application covering one or more years if the amount claimed in the application is $1,000,000 or less;
(2) $1,000 for each application covering one or more years if the amount claimed is more than $1,000,000.
2023 Alaska Statutes › Title 27. Mining › Chapter 30. Exploration Incentive Credits › Sec. 27.30.099. Definitions.

In this chapter,
(1) “credit” means the exploration incentive credit for activities involving locatable and leasable mineral and coal deposits authorized by this chapter;
(2) “eligible costs” means the costs incurred for activities in direct support of exploration activity conducted at the mining operation of the exploration activity for the purpose of determining the existence, location, extent, or quality of a mineral or coal deposit; the term
(A) includes
(i) the costs of obtaining the approvals, permits, licenses, and certificates for an exploration activity set out in AS 27.30.010(a)(1) - (5);
(ii) direct labor costs and the cost of benefits for employees directly associated with work described in AS 27.30.010(a)(1) - (5);
(iii) the cost of renting or leasing equipment from parties not affiliated with the person requesting and taking the credit;
(iv) the reasonable costs of owning, maintaining, and operating equipment;
(v) insurance and bond premiums associated with the activities set out in (i) - (iv) of this subparagraph;
(vi) payments to consultants and independent contractors; and
(vii) the general expense of operating the person's business, including the costs of materials and supplies, if those expenses and costs are directly attributable to the work described in AS 27.30.010(a)(1) - (5);
(B) does not include return on investment, insurance or bond premiums not covered under (A)(v) of this paragraph, or any other expense that the person has not incurred to complete work described in AS 27.30.010(a)(1) - (5);
(3) “exploration activity data” includes, as applicable,
(A) a representative skeleton core for each hole cored or a representative set of cuttings for each hole rotary drilled;
(B) chemical analytical data and noninterpretive geophysical data;
(C) aerial photographs or a topographic or geologic map showing the location of the drill holes, sample locations, or the other exploration activities undertaken;
(4) “geochemical methods” means soil, rock, water, air, vegetation, and similar samples collected and their chemical analyses;
(5) “geophysical methods” means all geophysical data gathering methods used in mineral or coal exploration, including seismic, gravity, magnetic, radiometric, radar, and electromagnetic and other remote sensing measurements;
(6) “mining operation” includes all operating and nonoperating activities related to a mineral deposit interest, and may be comprised of one or more mining properties; in determining whether mining properties are part of the same mining operation, the commissioner may consider whether the operation, in conducting mining activities on several mining properties, uses common personnel, supply, and maintenance facilities, mining-related treatment processes, storage facilities, roads, pipelines and transportation equipment, and mining techniques and technology, and may also consider the extent to which the mineral deposit interest comprises a common mining property;
(7) “person” means only those persons listed in AS 27.30.010(d).
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 01. Alaska Uniform Traffic Laws Act › Sec. 28.01.015. Municipal impoundment and forfeiture.

(a) Notwithstanding other provisions in this title, a municipality may adopt an ordinance providing for the impoundment or forfeiture of a
(1) motor vehicle, watercraft, or aircraft involved in the commission of an offense under AS 28.35.030, 28.35.032, or an ordinance with elements substantially similar to AS 28.35.030 or 28.35.032;
(2) motor vehicle involved in the commission of an offense under AS 28.15.291 or an ordinance with elements similar to AS 28.15.291;
(3) motor vehicle used by a person whose license is suspended under AS 28.22.041;
(4) motor vehicle used by a person who fails to carry proof of insurance as required under AS 28.22.019; or
(5) motor vehicle used by a person who has $1,000 or more in delinquent traffic fines for moving violations committed within the municipality.
(b) An ordinance adopted under (a) of this section may
(1) include a fee for the administrative costs incurred by the municipality; and
(2) be more stringent than or the same as but may not be less stringent than applicable provisions under this title or regulations adopted under this title.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 01. Alaska Uniform Traffic Laws Act › Sec. 28.01.017. Municipal regulation of cellular telephone use.

Notwithstanding other provisions of this title, a municipality may adopt an ordinance prohibiting the use of a cellular telephone by a person driving a motor vehicle while on school property or in an active school zone designated under the current edition of the Alaska Traffic Manual prepared by the Department of Transportation and Public Facilities. A municipal ordinance adopted under this section may not prohibit the hands-free use of a cellular telephone.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 05. Administration › Article 1. Powers and Duties of Departments of Public Safety and Administration. › Sec. 28.05.015. Wheeled adjuncts.

The department shall, unless prohibited by an ordinance of a governmental subdivision of the state, allow pedestrians to use wheeled adjuncts, such as rollerblades, roller skates, and roller skis, on roadways and vehicular ways in addition to areas available for use by bicycles.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 05. Administration › Article 1. Powers and Duties of Departments of Public Safety and Administration. › Sec. 28.05.021. Commissioners to enter compacts and reciprocal agreements.

(a) The commissioner of administration may, under terms and conditions best calculated to promote the interests of the state, enter into a compact or agreement with an authorized representative of another jurisdiction in a matter relating to driver licensing, vehicle registration, or other activity authorized under this title, the administration of which is vested in the Department of Administration. The commissioner of public safety may, under the same terms and conditions, enter into a compact or agreement with an authorized representative of another jurisdiction in a matter relating to an activity authorized under this title, the administration of which is vested in the Department of Public Safety. A compact or agreement affecting state finances or driving privileges must be approved by adoption of a concurrent resolution approved by a majority vote of each house of the legislature before it becomes effective.
(b) [Repealed, § 28 ch 90 SLA 1991.]
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 05. Administration › Article 1. Powers and Duties of Departments of Public Safety and Administration. › Sec. 28.05.031. Department of Public Safety to publish statutes and regulations relating to vehicles, vehicle use, and pedestrians.

(a) The Department of Public Safety shall publish current state statutes and regulations relating to vehicles and their driving or movement, to drivers of vehicles, and to pedestrians. The cost of publication shall be jointly shared by that department and other state agencies that administer statutes and regulations included in the publication prescribed under this section.
(b) A single copy of a facsimile of the publication prescribed in (a) of this section shall be available to the public without charge at all offices of the Department of Administration that administer the statutes in this title and at all offices of the Department of Public Safety. However, a municipality may request and receive without charge a reasonable number of copies of the publication.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 05. Administration › Article 1. Powers and Duties of Departments of Public Safety and Administration. › Sec. 28.05.041. Forms, applications, and oaths.

(a) The commissioner of administration shall prescribe and provide suitable application forms, certificates of title and registration, driver's licenses, and all other forms necessary to carry out the provisions of this title and regulations adopted under this title, the administration of which is vested in the Department of Administration. The commissioner of public safety shall prescribe and provide suitable forms necessary to carry out the provisions of this title and regulations adopted under this title, the administration of which is vested in the Department of Public Safety, including a standard citation form that meets the requirements of AS 12.25.175 and 12.25.200 and that is in a form necessary to identify the offender and the offense and otherwise necessary to meet the needs of the public safety and the administration of justice as required under AS 12.25.175 and 12.25.200.
(b) The Department of Administration shall examine and approve or disapprove any application for registration of, or certificate of title for, a vehicle, and for a driver's license and any other application made to the department. The department may make any investigation it considers necessary and may require additional information before approving an application. The department shall reject an application if it is not satisfied with the genuineness, regularity, or legality of the application, the truth of a statement contained in it, or the adequacy or sufficiency of information requested by the department. The department shall reject an application when the applicant is not entitled to issuance of the registration, title, license, or permit for which the person is applying or for any other reason required by law.
(c) The commissioner of public safety and officers and employees of the Department of Public Safety designated by that commissioner, and the commissioner of administration and officers and employees of the Department of Administration designated by that commissioner, may, for the purpose of administering this title and regulations adopted under this title, administer oaths and acknowledge signatures, and do so without charging a fee.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 05. Administration › Article 1. Powers and Duties of Departments of Public Safety and Administration. › Sec. 28.05.045. Voter registration.

The administrative component of the department that administers motor vehicle and driver's license laws shall comply with AS 15.07.055 to serve as a voter registration agency to the extent required by state and federal law, including 42 U.S.C. 1973gg (National Voter Registration Act of 1993) and this section. A state resident, who will be 18 years of age or older within 90 days, who applies in an office of the department for a driver's license, identification card issued under AS 18.65.310, or vehicle registration under AS 28.10 shall at the time of application be advised by the division that the resident may also register to vote. The application submitted by the resident shall serve as an application for voter registration unless the resident fails to sign the voter registration portion of the application. The department shall forward completed voter registration forms to the division of elections. The department shall prominently display notice of the right to apply for voter registration at each place that the public may apply for a driver's license, identification card, or vehicle registration.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 05. Administration › Article 1. Powers and Duties of Departments of Public Safety and Administration. › Sec. 28.05.051. Suspended or revoked documents.

(a) When the department suspends or revokes a vehicle registration, certificate of registration, registration plate, permit, or certificate of title or suspends, cancels, or revokes a license, the owner or person in possession of the document shall, immediately upon receiving notice of the suspension, revocation, or cancellation, mail or deliver the registration, certificate, plate, permit, or license to the department.
(b) The commissioner, officers and employees of the department designated by the commissioner, judges and employees of a court, and all peace officers, may take possession of a certificate of title, registration, or license issued by this jurisdiction that has been revoked, canceled, limited, or suspended, or is fictitious, stolen, or altered.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 05. Administration › Article 1. Powers and Duties of Departments of Public Safety and Administration. › Sec. 28.05.065. Access to criminal justice information.

(a) For purposes of carrying out the provisions of AS 28.05, AS 28.15, AS 28.33, and AS 28.35, an employee of the department assigned to perform functions under those chapters may access criminal justice information about an adult or minor charged with or convicted of an offense.
(b) For purposes of obtaining access to criminal justice information maintained by the Department of Public Safety under AS 12.62, the unit assigned motor vehicle functions in the Department of Administration is a criminal justice agency conducting a criminal justice activity.
(c) In this section,
(1) “criminal justice activity” has the meaning given in AS 12.62.900;
(2) “criminal justice agency” has the meaning given in AS 12.62.900.
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 05. Administration › Article 1. Powers and Duties of Departments of Public Safety and Administration. › Sec. 28.05.068. Prohibition on data sharing.

(a) If the department conveys, distributes, or communicates data to be used in a database, index, pointer system, or any other system managed by an entity other than the department, including the American Association of Motor Vehicle Administrators, to comply with the requirements of P.L. 109-13, Division B (REAL ID Act of 2005), the department may not convey, distribute, or communicate to that entity any data not required to be conveyed, distributed, or communicated for the state to be certified by the United States Department of Homeland Security to be in compliance with the requirements of P.L. 109-13, Division B (REAL ID Act of 2005).
(b) Notwithstanding (a) of this section, the department may not convey, distribute, or communicate to a private entity any scanned or stored documents collected in order to carry out the provisions of AS 28.15.
(c) The department shall take all steps available to obtain from the entity an agreement that the state need not convey, distribute, or communicate social security numbers, in whole or in part, to participate in the database, index, pointer system, or other system.
(d) The department shall take all steps available to work with other states, the United States Department of Homeland Security, and any multistate entities in which the state participates to secure a means of compliance with P.L. 109-13, Division B (REAL ID Act of 2005), including through an interstate compact, that does not involve the storage or sharing of social security numbers, in whole or in part, with an interstate database, index, pointer system, or other system.
(e) If the department has complied with (c) and (d) of this section and has been unable to secure a means of compliance with P.L. 109-13, Division B (REAL ID Act of 2005) that does not involve the storage or sharing of social security numbers, in whole or in part, the department shall take all steps necessary to minimize the number of digits of a social security number required to be stored or shared.
(f) The department may share only the least number of digits of a person's social security number necessary to comply with federal law that requires the department to determine whether a person has been issued a driver's license in another state.
(g) [Repealed, § 18 ch. 8 SLA 2017]
2023 Alaska Statutes › Title 28. Motor Vehicles › Chapter 05. Administration › Article 1. Powers and Duties of Departments of Public Safety and Administration. › Sec. 28.05.071. Change of name or address.

(a) A person who has applied for or been issued a certificate, registration, title, license, permit, or other form under this title, and who changes the person's name or moves from the address shown on the records or forms of the Department of Administration or the Department of Public Safety, shall notify the appropriate department of the change in name or address within 30 days
(1) on a form or in a format specified by the appropriate department; and
(2) in a manner prescribed in regulations adopted by the appropriate department.
(b) A person convicted of a violation of (a) of this section is guilty of an infraction punishable by a fine not to exceed $25.