Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 2 - Staking, Recording and Maintaining Claims and Leasehold Locations › 11 AAC 86.220 - Annual labor

Current through May 31, 2024
(a) Except as provided in
				  11 AAC 86.115, the first labor year begins at noon on the
				  first September 1 following the date a location notice is posted under
				  11 AAC 86.210. Each subsequent annual labor year begins at
				  noon on September 1. A location that is located on September 1 will be
				  considered to have been located after noon on that day.
(b) The provisions of
				  AS
				  38.05.240 include examples of qualifying
				  labor. Work performed outside the boundaries of the location must develop or
				  benefit the location to qualify as annual labor within the meaning of
				  AS
				  38.05.240. Definitions set out in
				  AS
				  38.05.242 apply for purposes of
				  AS
				  38.05.240(a)(9).
(c) Repealed 10/28/2022.
(d) A statement of annual labor required by
				  this section must be made before any officer authorized to administer oaths,
				  or, when no official empowered to administer oaths is available, in the manner
				  provided by
				  AS
				  09.63.020.
(e) Repealed 5/30/85.
(f) Repealed 5/30/85.
(g) A statement of annual labor may be
				  amended under
				  AS
				  38.05.210.
(h) A cash payment made instead of performing
				  annual labor must be received by the department as provided in
				  11 AAC 86.107 and must be received by the department on or
				  before September 1 of each year. If mailed, payment must be postmarked on or
				  before September 1. The payment must be accompanied by a copy of a statement of
				  annual labor or a statement containing the name and ADL number for the mining
				  claim, leasehold location, or mining lease for which the payment is made. If
				  cash payment is asserted in a statement of annual labor but is not paid by the
				  end of the labor year, the mining claim or leasehold location will be
				  considered abandoned under
				  AS
				  38.05.265(a) A locator who
				  makes a cash payment in lieu of annual labor must also record a statement of
				  annual labor under
				  AS
				  38.05.210. A cash payment will be accepted
				  only for the current labor year.
(i) For the purpose of
				  AS
				  38.05.210, "held in common" means under
				  common control. Common control may result from any combination of outright
				  ownership, leases, option, earn-in arrangements, exploration agreements, joint
				  ventures, or any other arrangements under which a party has the right to
				  conduct operations to explore for, develop, or mine minerals. Labor performed
				  on or for the benefit of any portion of the area held in common may be used to
				  satisfy the labor requirements for all portions of the area held in
				  common.
(j) The owner of a mining
				  claim, leasehold location, or mining lease may apply a combination of excess
				  carryover labor, actual performed labor recorded, and cash payment to the state
				  equal to the value of labor required to meet the minimum annual labor
				  requirements. The cash payment equal to the value of labor required must meet
				  the requirements of (h) of this section, and the carryover labor and cash
				  payments in lieu of labor are subject to the respective four- and five-year
				  limitations on use of excess carryover labor value and cash payments under
				  AS
				  38.05.210(a).
Authority:
AS
						27.05.010
AS
						38.05.020
AS
						38.05.210
AS
						38.05.240
AS
						38.05.242
AS
						38.05.265