Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 4 - Upland Mining Leases › 11 AAC 86.313 - Annual rental

Current through May 31, 2024
(a) The provisions of this section apply to
				  rental payments for mining leases other than for leases under
				  AS
				  38.05.250.
(b) A rental payment for a mining lease must
				  be made in accordance with
				  11 AAC 86.107 and must be
				  accompanied by a rental form provided by the department, a photocopy of that
				  form, or a form approved by the director. The form must contain the name and
				  address of the owner of record and the ADL number of the mining
				  lease.
(c) The annual rental amount
				  is based on the number of acres included in the lease and the number of years
				  since the predecessor claim or leasehold location of the mining lease was first
				  located, as follows:
Number of Years Since First Located
Rental
							 Amount Per Acre for Mining Lease
0-5
$1.03
6-10
$2.06
11 or more
$5.16
Before survey under
					 11 AAC 86.311, the rent will be
					 based on the number of acres estimated in the lease document.
(d) If a mining lease contains more than one
				  claim or leasehold location, the predecessor claim or leasehold location for
				  determining the rental amount is the claim or leasehold location that was
				  located first.
(e) For purposes of
				  determining the amount of annual rental, a claim or leasehold location located
				  on state land on or before August 31, 1989, is considered to have been first
				  located on August 31, 1989, and the first rental year for such a claim or
				  leasehold location is considered to have begun at noon on September 1, 1989.
				  The first rental year for a claim or leasehold location located on or after
				  September 1, 1989, begins on the date of posting location and ends at noon on
				  the following September 1.
(f) The
				  first annual rental payment for a mining lease that becomes effective after
				  August 31, 1989 will be applied to the period from the effective date of the
				  lease to the next September 1.
(g)
				  A rental payment that was paid for a predecessor mining claim or leasehold
				  location during the rental year in which a lease is issued will be credited
				  toward the first annual rental payment under the lease.
(h) The rental payment for each subsequent
				  rental year is due on September 1 and must be paid on or before November
				  30.
(i) If the lessee fails in
				  whole or in part to make a timely rental payment, the mining lease will be
				  considered in default and the department will supply the lessee a deficiency
				  notice in accordance with
				  11 AAC 86.108, describing the
				  lease in default by the lease's ADL number. In the notice, the department will
				  advise the lessee that the lease will be terminated without further notice if
				  the department does not receive the required payment in full within 30 days
				  after the lessee's receipt of the notice.
Authority:
AS
						38.05.020
AS
						38.05.035
AS
						38.05.185
AS
						38.05.205
AS
						38.05.211
AS
						38.05.265