reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.020 - Generally allowed uses

Current through May 31, 2024
(a) A permit or other written authorization
				  is required for uses and activities not appearing on the list in this
				  subsection. Unless otherwise provided in (b) of this section, in a special use
				  land requirement in 11 AAC 96.014, or in a public use area land requirement
				  under 11 AAC 96.016, the following land uses and activities, alone or in
				  combination, are generally allowed uses on state-owned public domain land
				  without any permit or other written authorization from the department, except
				  that a land use or activity for a commercial recreation purpose requires prior
				  registration under 11 AAC 96.018:
(1) travel
				  or travel-related activities, as follows:
(A)
				  hiking, backpacking, skiing, climbing, or other foot travel;
(B) bicycling;
(C) travel by horse or dogsled or with pack
				  animals;
(D) using a highway
				  vehicle with a curb weight of up to 10,000 pounds, including a pickup truck and
				  four-wheel-drive vehicle, on or off an established road easement, if the use
				  off the road easement does not cause or contribute to water quality
				  degradation, alteration of drainage systems, significant rutting, ground
				  disturbance, or thermal erosion;
(E) using a recreational-type off-road or
				  all-terrain vehicle with a curb weight of up to 1,500 pounds, including a
				  snowmobile and four-wheeler, on or off an established road easement if use off
				  the road easement does not cause or contribute to water quality degradation,
				  alteration of drainage systems, significant rutting, ground disturbance, or
				  thermal erosion;
(F) landing an
				  aircraft or using watercraft without damaging the land, including shoreland,
				  tideland, and submerged land;
(G)
				  driving livestock, including any number of reindeer or up to 100 horses,
				  cattle, or other domesticated animals;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.025 - Conditions for generally allowed uses

Current through May 31, 2024
A generally allowed use listed in
					 11 AAC 96.020 is subject to the
					 following conditions:
(1) activities
				  employing wheeled or tracked vehicles must be conducted in a manner that
				  minimizes surface damage;
(2)
				  vehicles must use existing roads and trails whenever possible;
(3) activities must be conducted in a manner
				  that minimizes
(A) disturbance of vegetation,
				  soil stability, or drainage systems;
(B) changing the character of, polluting, or
				  introducing silt and sediment into streams, lakes, ponds, water holes, seeps,
				  and marshes; and
(C) disturbance of
				  fish and wildlife resources;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.030 - Application

Current through May 31, 2024
(a) An application for a permit under
				  11 AAC 96.010 must be on a form provided by the department
				  and accompanied by the applicable nonrefundable application fee required by 11
				  AAC 05. An application that is not complete or otherwise does not comply with
				  this section or other applicable statute or regulation may be rejected and
				  returned to the applicant without consideration. The application must contain
				  the following information in sufficient detail to allow for the department's
				  evaluation of the planned activities' effect on the land:
(1) except if the application is for a
				  limited non-timber forest product commercial harvest permit, a map at a
				  sufficient scale and detail to depict the location of all activities and routes
				  of travel of all equipment or motorized vehicles for which a permit is
				  required;
(2) a description of the
				  proposed activity, any associated structures, temporary improvements, and the
				  type of equipment or motorized vehicles that will be used; and
(3) any additional information or document
				  that the department requires.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.035 - Commercial harvest of non-timber forest products

Current through May 31, 2024
(a) The department
				  may, upon receipt of the fees required under 11 AAC 05.150(b)(1) and (b)(2),
				  issue a limited non-timber forest product commercial harvest permit without
				  public notice.
(b) Repealed
				  12/27/2012.
(c) A limited
				  non-timber forest product commercial harvest permit is subject to the following
				  terms and conditions:
(1) the permit is
				  revocable, non-exclusive, and valid for 12 consecutive months from the date of
				  issuance; the department will not grant an extension of time under this
				  subsection;
(2) an applicant must
				  make payment in full of all fees required under 11 AAC 05.150(b)(2) before
				  receipt of a limited non-timber forest product commercial harvest permit under
				  this subsection; the filing fee required under 11 AAC 05.150(b)(1) will be
				  applied to satisfy all or a portion of the cumulative fees required under this
				  section;
(3) a holder of a limited
				  non-timber forest product commercial harvest permit shall submit an
				  end-of-season harvest report on a form provided by the department; the
				  department may base future issuance of permits to the same applicant on the
				  accurate and complete reporting of previous non-timber forest product
				  commercial harvest activities;
(4)
				  all harvest must occur at least 50 yards from any established road, trail,
				  campsite, or other publicly used area;
(5) harvest must occur in areas that do not
				  show any indication of having been harvested previously for the same product
				  and in which the sought-after product is found in sufficient abundance to not
				  suffer population damage from selected harvest;
(6) in the permit, the department will
				  prohibit the direct or incidental harvest, destruction, or removal of an
				  endangered, sensitive, or rare plant species as listed in the University of
				  Alaska Anchorage, Alaska Natural Heritage Program's
Rare Vascular Plant
				  Tracking List
, as revised as of April 19, 2007, and adopted by
				  reference;
(7) in the permit, the
				  department will require compliance with all applicable federal and state
				  law;
(8) in the permit, the
				  department will prohibit the discharge of any fuel or petroleum lubricant onto
				  soil, vegetation, or water, even if motorized equipment is allowed for the
				  harvest of a product.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.060 - Performance guaranty

Current through May 31, 2024
(a) Unless the department waives the
				  requirement after considering the applicant's history of compliance and the
				  potential risk to the state, the applicant shall furnish security acceptable to
				  the department. The department may accept as security
(1) a personal bond accompanied by
(A) an irrevocable letter of credit issued by
				  a bank or other financial institution authorized to do business in the United
				  States;
(B) a certificate of
				  deposit in the amount of the bond issued in sole favor of the department by a
				  bank or other financial institution authorized to do business in this state;
				  or
(C) a cash deposit maintained in
				  a depository account as directed by the commissioner;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.065 - Insurance

Current through May 31, 2024
Unless the department waives the requirement after
					 considering the risks associated with the activity planned, the permittee shall
					 secure, and maintain in force during the term of the permit, insurance in the
					 amount and of a type that the department determines necessary to protect the
					 permittee and the state. A certificate of insurance must be furnished to the
					 department before issuance of the permit and must provide for a 30-day notice
					 in the event of cancellation, nonrenewal, or material change of condition. All
					 insurance policies must comply with AS 21 and be issued by insurers licensed to
					 transact the business of insurance under AS 21. The state shall be listed as an
					 additional named insured on the policy.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.850
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.070 - Annual report; completion statement

Current through May 31, 2024
(a) For a permit
				  with a term of more than one year, the department may require
(1) the permittee to file information the
				  department determines necessary to show compliance with the permit at the end
				  of each year's authorized operating period; and
(2) operational information from the
				  permittee, including the number of clients served, number of visitor days, and
				  number of days in operation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.090 - Inspection of operation

Current through May 31, 2024
All operations under
					 11 AAC 96.010 -
					 11 AAC 96.150 are subject to
					 inspection by the director. The permittee is not obligated to provide
					 transportation or lodging for inspection personnel.
Authority:
AS
						38.05.020
AS
						38.05.035
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.110 - Appeals

Current through May 31, 2024
An eligible person affected by a decision issued under this
					 chapter may appeal that decision in accordance with 11 AAC
					 02.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						44.37.011
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 1 - Provisions for General Land Use Activity › 11 AAC 96.145 - Violation

Current through May 31, 2024
(a) A person who violates this chapter or a
				  provision of a permit issued under this chapter is subject to any action
				  available to the department for enforcement and remedies, including revocation
				  of the permit, civil action for forcible entry and detainer, ejectment,
				  trespass, damages, and associated costs, or arrest and prosecution for criminal
				  trespass in the second degree. The department may seek damages available under
				  a civil action, including restoration damages, compensatory damages, and treble
				  damages under
				  AS
				  09.45.730 or
				  09.45.735 for violations involving
				  injuring or removing trees or shrubs, gathering geotechnical data, or taking
				  mineral resources.
(b) If a person
				  responsible for an unremedied violation of this chapter or a provision of a
				  permit issued under this chapter applies for a new authorization from the
				  department under
				  AS
				  38.05.035 or
				  38.05.850, the department may
				  require the applicant to remedy the violation as a condition of the new
				  authorization, or to begin remediation and provide security under
				  11 AAC 96.060 to complete the
				  remediation before receiving the new authorization. If a person who applies for
				  a new authorization under
				  AS
				  38.05.035 or
				  38.05.850 has previously been
				  responsible for a violation of this chapter or a provision of a permit issued
				  under this chapter, whether remedied or unremedied, that resulted in
				  substantial damage to the environment or to the public, the department will
				  consider that violation in determining the amount of the security to be
				  furnished under
				  11 AAC 96.060 and may require the
				  applicant to furnish three times the security that would otherwise be
				  required.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.850
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 2 - Additional Provisions for Seismic Exploration and Stratigraphic Tests › 11 AAC 96.210 - Submission of seismic data and stratigraphic test data

Current through May 31, 2024
In order to assist the department in managing the leasing,
					 exploration, and development of oil and gas resources underlying state land,
					 and to achieve the purposes of
					 AS
					 38.05.180(a), the director
					 will, under the following circumstances, require submission of seismic
					 exploration data and stratigraphic test data as a condition of the issuance of
					 a land use permit to conduct seismic exploration field operations or to drill a
					 stratigraphic test well:
(1) Within 30
				  calendar days after termination of any seismic exploration, the permittee shall
				  notify the director, in writing, of all seismic exploration data obtained under
				  the permit. Within 30 days after completion of the initial processing of the
				  seismic exploration data, the permittee shall notify the director, in writing,
				  of the availability of these processed seismic exploration data. The director
				  reserves the right to inspect and require submission of seismic exploration
				  data obtained under the permit for five years after notification by the
				  permittee that initial processing has been completed. The permittee shall
				  provide access to and upon request submit a reproducible copy of all seismic
				  exploration data that are required by the director.
(2) Unless the director grants an extension
				  upon the permittee's written request, the permittee shall provide access to and
				  upon request submit a reproducible copy of all test data acquired from a
				  stratigraphic test well not later than 30 days after the well is plugged or
				  abandoned.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.180
AS
						38.05.850
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 2 - Additional Provisions for Seismic Exploration and Stratigraphic Tests › 11 AAC 96.220 - Confidential status of information

Current through May 31, 2024
All seismic exploration data and stratigraphic test data
					 submitted under this chapter will be kept confidential upon the request of the
					 person supplying the information. This confidentiality requirement is subject
					 to the following provisions:
(1) The
				  director will disclose confidential seismic exploration data or stratigraphic
				  test data, submitted under this chapter, to a third party only if the
				  disclosure is for the storage, processing, reprocessing, and interpretation of
				  the data for the state. However, before the disclosure, the third party must
				  agree in writing that it will not disclose the data or associated information
				  derived or generated from the data to any other party and that it will not
				  acquire any interest in the land evaluated by the data. The third party shall
				  execute and post a bond in an amount to be determined by the director. The bond
				  must be to the benefit of the state and the permittee.
(2) If the director obtains the consent of
				  the permittee in writing, the director will, in his or her discretion, disclose
				  confidential seismic exploration data or stratigraphic test data submitted
				  under this chapter to the Minerals Management Service and the Bureau of Land
				  Management of the United States Department of the Interior, without reference
				  to the purpose for which the disclosure is made. However, before the
				  disclosure, a responsible officer of the United States Department of the
				  Interior must agree in writing to keep the data and any associated information
				  derived or generated from the data confidential. Copies of the data submitted
				  under this chapter will not be given to the Minerals Management Service or the
				  Bureau of Land Management; however, the Minerals Management Service and the
				  Bureau of Land Management may, on the premises of the department, participate
				  in the interpretation of the data.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.180
AS
						38.05.850
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 2 - Additional Provisions for Seismic Exploration and Stratigraphic Tests › 11 AAC 96.230 - Reimbursement for seismic exploration data

Current through May 31, 2024
(a) The state will
				  reimburse the permittee for all reasonable costs directly incurred by the
				  permittee because of the submission of seismic exploration data to the division
				  under 11 AAC 96.210(1).
				  Reimbursable expenditures are the costs of reproduction and shipping related to
				  the submission of seismic exploration data to the division.
(b) The state will not reimburse the
				  permittee for any indirect costs incurred by, or indirect effects on, the
				  permittee for the time, personnel, or equipment used to prepare the seismic
				  exploration data for submission to the division.
(c) The division will initiate reimbursement
				  to the permittee for costs described in (a) of this section within 30 days
				  after receipt of a legible copy of the seismic exploration data.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.180
AS
						38.05.850
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 2 - Additional Provisions for Seismic Exploration and Stratigraphic Tests › 11 AAC 96.240 - Liability

Current through May 31, 2024
(a) If, after submission of the seismic
				  exploration data or stratigraphic test data, the permittee determines that
				  errors exist in the data submitted, the permittee shall inform the division of
				  the errors and, as soon as practicable, shall submit any corrected
				  data.
(b) The permittee is not
				  responsible for any actions the division takes in the interpretation or use of
				  the seismic exploration data submitted by the permittee.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.180
AS
						38.05.850
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 96 - Miscellaneous Land Use › Article 3 - General Provisions › 11 AAC 96.250 - Definitions

Current through May 31, 2024
In this chapter
(1) "land use activity" means any use of or
				  entry on state land for any purpose, including but not limited to exploration,
				  hunting, recreation, and access;
(2) "director" means the director of the
				  division of lands in the Department of Natural Resources, or an authorized
				  representative of the director;
(3)
				  "department" means the Department of Natural Resources;
(4) "processing" means the preparation of
				  data, by computer or other device, which enhances the data;
(5) "seismic exploration" means the survey of
				  the earth's surface or the use of seismic methods to gather data that may be
				  used to determine subsurface geologic characteristics;
(6) "seismic exploration data" means data,
				  including information necessary to locate and identify that data, derived from
				  seismic exploration of state land and initially processed to a level comparable
				  to that of the data distributed to participants in a group seismic survey by
				  use of techniques used to render the data in a format ready for geological
				  interpretation for the first time; such techniques include but are not limited
				  to amplitude recovery, deconvolution, static corrections, velocity analysis,
				  normal moveout corrections, common depth point stacking, digital filtering and
				  migration. "Seismic exploration data" may include navigation tapes, velocity
				  spectra, final stack sections, true amplitude sections and migrated sections;
				  but does not include, and the applicant is not required to submit to the
				  director
(A) magnetic tapes other than
				  navigation tapes; and
(B) data that
				  would otherwise be included, but which the permittee or a contractor working on
				  behalf of the permittee does not obtain or prepare;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 1 - Applicability › 11 AAC 97.100 - Applicability

Current through May 31, 2024
(a) This chapter applies to the approval of
				  reclamation plans, reclamation bonding, and enforcement of reclamation
				  requirements under AS 27.19 for locatable mineral, leasable mineral, and
				  material mining operations on state, federal, municipal, and private land. AS
				  27.19 and this chapter do not apply to a recreational placer mining operation
				  using no mechanized earthmoving equipment other than a dredge with a suction
				  hose six inches or less in diameter, powered by an engine of 18 or fewer
				  horsepower.
(b)AS
				  27.19.020 sets the minimum standard for
				  conduct of mining operations in Alaska, without regard to land ownership.
				  Although nothing in AS 27.19 requires a miner to file a mining plan before
				  beginning operations, most miners operating on public land are required to do
				  so by other laws. Even where that is not the case, the department recommends
				  that the miner develop a mining plan to help the miner meet the mining standard
				  of AS
				  27.19.020 and to make the reclamation plan or
				  reclamation letter of intent more effective.
(c) Nothing in AS 27.19 precludes a federal
				  or state agency (including the Department of Natural Resources), a state
				  corporation, the University of Alaska, a municipality, or a private landowner,
				  acting under its own regulatory or proprietary authority, from establishing and
				  enforcing additional requirements or higher standards for reclamation.
				  Compliance with this chapter does not waive or excuse compliance with those
				  additional requirements or higher standards.
(d) This chapter does not apply to:
(1) fuel spills, chemical neutralization,
				  detoxification, or clean-up of hazardous substances used in mineral processing
				  facilities associated with mining operations;
(2) surface coal mining reclamation or
				  related operations regulated under AS 27.21; or
(3) an area disturbed by a mining operation
				  before October 15, 1991; however, if a mining operation disturbs a previously
				  mined area after October 14, 1991, a miner must reclaim to the standards of AS
				  27.19 and this chapter; if only a portion of the previously mined area is
				  disturbed after October 14, 1991, this chapter applies only to that disturbed
				  portion.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 2 - Reclamation Performance Standards › 11 AAC 97.200 - Land reclamation performance standards

Current through May 31, 2024
(a) A miner shall
				  reclaim areas disturbed by a mining operation so that any surface that will not
				  have a stream flowing over it is left in a stable condition.
(1) For the purposes of
				  AS
				  27.19.100(6) and this
				  section, a stable condition that "allows for the reestablishment of renewable
				  resources on the site within a reasonable period of time by natural processes"
				  means a condition that can reasonably be expected to return waterborne soil
				  erosion to pre-mining levels within one year after the reclamation is
				  completed, and that can reasonably be expected to achieve revegetation, where
				  feasible, within five years after the reclamation is completed, without the
				  need for fertilization or reseeding. If rehabilitation of a mined site to this
				  standard is not feasible because the surface materials on the mined site have
				  low natural fertility or the site lacks a natural seed source, the department
				  recommends that the miner fertilize and reseed or replant the site with native
				  vegetation to protect against soil erosion; however, AS 27.19 does not require
				  the miner to do so. Rehabilitation to allow for the reestablishment of
				  renewable resources is not required if that reestablishment would be
				  inconsistent with an alternate post-mining land use approved under
				  AS
				  27.19.030(b) on state,
				  federal, or municipal land, or with the post-mining land use intended by the
				  landowner on private land.
(2) If
				  topsoil from an area disturbed by a mining operation is not promptly
				  redistributed to an area being reclaimed, a miner shall segregate it, protect
				  it from erosion and from contamination by acidic or toxic materials, and
				  preserve it in a condition suitable for later use.
(3) If the natural composition, texture, or
				  porosity of the surface materials is not conducive to natural revegetation, a
				  miner shall take measures to promote natural revegetation, including
				  redistribution of topsoil, where available. If no topsoil is available, a miner
				  shall apply fines or other suitable growing medium, if available. However, a
				  miner may not redistribute topsoil and fines over surfaces likely to be exposed
				  to annual flooding, unless the action is authorized in an approved reclamation
				  plan and will not result in an unlawful point- or non-point-source discharge of
				  pollutants.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 2 - Reclamation Performance Standards › 11 AAC 97.210 - Disposal of buildings, structures, and debris on state land

Current through May 31, 2024
A miner shall remove, dismantle, or otherwise properly
					 dispose of buildings and structures constructed, used, or improved on state
					 land unless the surface owner or manager authorizes that the buildings and
					 structures may stay. A miner shall remove or otherwise properly dispose of all
					 scrap iron, equipment, tools, piping, hardware, chemicals, fuels, waste, and
					 general construction debris on state land.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 2 - Reclamation Performance Standards › 11 AAC 97.220 - Underground mines

Current through May 31, 2024
A miner shall stabilize and properly seal the openings of
					 all shafts, adits, tunnels, and air vents to underground mine workings after
					 mine closure to ensure protection of the public, wildlife, and the
					 environment.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 2 - Reclamation Performance Standards › 11 AAC 97.230 - Heap leach operations

Current through May 31, 2024
After neutralization of heaps, pads, ponds, and other such
					 facilities has been approved by the appropriate regulatory authority (the
					 Environmental Protection Agency or the Department of Environmental
					 Conservation), a miner shall reclaim the site of a heap leach operation to the
					 standards of AS 27.19 and this chapter.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 2 - Reclamation Performance Standards › 11 AAC 97.240 - Acid rock drainage

Current through May 31, 2024
A miner shall reclaim a mined area that has potential to
					 generate acid rock drainage (acid mine drainage) in a manner that prevents the
					 generation of acid rock drainage or prevents the offsite discharge of acid rock
					 drainage.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 2 - Reclamation Performance Standards › 11 AAC 97.250 - Material sites

Current through May 31, 2024
(a) Continuous use; intermittent use of a
				  material site. A miner shall reclaim a material site in accordance with
				  AS
				  27.19.020,
				  11 AAC 97.200,
				  11 AAC 97.210, and this section as
				  contemporaneously as practicable with the mining.
(1) If site conditions permit, a miner shall
				  proceed cell by cell so that reclamation can and will occur immediately after
				  each cell is mined. Mining by cell means dividing the material site into
				  separate units and mining them in an orderly sequence so that topsoil removed
				  from a newly opened unit can be placed on a unit already mined.
(2) If site conditions require that the
				  entire material site be mined continuously, with the materials being removed
				  layer by layer, a miner shall reclaim the site as soon as the mining is
				  completed. However, the commissioner will allow the reclamation to be postponed
				  if the commissioner finds that contemporaneous reclamation is impracticable,
				  because the landowner plans to allow future intermittent mining of the material
				  site by one or more miners over a period of more than one year. Before the
				  commissioner allows such a postponement, the miner or landowner must
(A) submit a reclamation plan for the entire
				  material site, including stockpiles;
(B) ensure that reclamation will occur no
				  later than immediately after the material site is ultimately exhausted or to be
				  abandoned; and
(C) provide for a
				  bond for all mined areas at all times until the reclamation is ultimately
				  completed.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 3 - Reclamation Plan › 11 AAC 97.300 - Reclamation plan approval, procedure

Current through May 31, 2024
(a) At least 45
				  days before the proposed start of mining activities, a miner not exempted under
				  AS
				  27.19.050 must submit to the department, or
				  to the appropriate agency with which the department has entered into a
				  cooperative management agreement, a proposed reclamation plan for
				  approval.
(b) If a miner entitled
				  to an exemption under
				  AS
				  27.19.050 mistakenly files a proposed
				  reclamation plan, the commissioner will, within 15 days after receipt,
(1) return any bond filed,
(2) notify the miner that no plan approval is
				  necessary,
(3) accept the plan as a
				  letter of intent under
				  AS
				  27.19.050(b), and
(4) remind the miner of the subsequent
				  requirement to file an annual reclamation statement under
				  AS
				  27.19.050(c).
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 3 - Reclamation Plan › 11 AAC 97.320 - Term; conditional approval; renewal

Current through May 31, 2024
(a) The
				  commissioner will, in his or her discretion, approve a reclamation plan for any
				  term not to exceed 10 years. If the plan is for more than one year, the
				  commissioner will, in his or her discretion, require the miner to file an
				  annual report that includes the total acreage and volume of material mined in
				  that year, the total acreage reclaimed in that year, and a statement as to
				  whether the reclamation plan is on schedule.
(b) If the commissioner is not satisfied that
				  the plan complies with AS 27.19 and this chapter, the commissioner will, in his
				  or her discretion, approve the reclamation plan only after inclusion of
				  reclamation-specific monitoring, reporting, or performance
				  conditions.
(c) The commissioner
				  will, in his or her discretion, renew a plan upon written request and
				  demonstration that the miner has complied with the approved reclamation plan
				  and the requirements of AS 27.19 and this chapter, if the commissioner
				  determines that the plan is adequate to cover the renewal period.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.030
AS
						27.19.100
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 3 - Reclamation Plan › 11 AAC 97.330 - Amendment of reclamation plan

Current through May 31, 2024
(a) A miner shall
				  ensure that reclamation work complies with an approved reclamation plan. If
				  changing product prices, economics, financing, unanticipated conditions, or
				  suspension of mining operations necessitates a change in the reclamation plan,
				  the miner shall submit an amended reclamation plan for approval before
				  modifying the approved reclamation work.
(b) If new or changed statutory or regulatory
				  requirements affect reclamation under an approved reclamation plan, the miner
				  must submit an amended reclamation plan for approval to demonstrate that
				  reclamation occurring after the effective date of the new requirements will
				  comply with those new requirements.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.030
AS 27.19.070
AS
						27.19.100
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 3 - Reclamation Plan › 11 AAC 97.340 - Record keeping and inspection; notice address

Current through May 31, 2024
(a) Until
				  completion of the mining operation, a miner shall keep a copy of the approved
				  reclamation plan, including any approved amendments, at the miner's field
				  office for onsite operations, and shall make the plan available upon request by
				  an authorized representative of the commissioner.
(b) A miner shall allow access to the mining
				  operation to an authorized representative of the commissioner at reasonable
				  times for the purpose of inspecting or monitoring compliance with the
				  reclamation plan.
(c) A miner shall
				  keep the department informed of the miner's correct address until the
				  reclamation is approved as complete.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.030
AS 27.19.070
AS
						27.19.100
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 3 - Reclamation Plan › 11 AAC 97.350 - Successor in interest

Current through May 31, 2024
If an interest in a mining operation is transferred from
					 one miner to another by sale, assignment, lease, or otherwise before completion
					 of reclamation and approval by the commissioner, the plan must be amended as
					 provided in
					 11 AAC 97.330 to reflect the
					 transfer. The commissioner will approve the amendment and will release the
					 predecessor in interest from the reclamation obligations, if
(1) the operation is in compliance with the
				  reclamation plan,
(2) the successor
				  assumes full responsibility and liability under the approved reclamation plan,
				  and
(3) the bonding requirements
				  are met.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.030
AS
						27.19.100
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.400 - Bonding required

Current through May 31, 2024
A miner who is not exempt under
					 AS
					 27.19.050(a) shall
					 either
(1) participate in the
				  statewide bonding pool under
				  11 AAC 97.425;
(2) post a performance bond with the
				  commissioner to ensure complete compliance with AS 27.19, this chapter, and the
				  approved reclamation plan, consisting of either
(A) a corporate surety bond under
				  11 AAC 97.405; or
(B) a personal bond accompanied by a letter
				  of credit, by a certificate of deposit, or by a deposit of cash or gold, under
				  11 AAC 97.410;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.405 - Corporate surety bond

Current through May 31, 2024
A corporate surety bond must
(1) be executed by a corporate surety
				  approved and authorized to do business in this state;
(2) be submitted on a form prescribed by the
				  commissioner; and
(3) remain in
				  effect until the reclamation of all land covered by the bond is completed to
				  the standard of AS 27.19 and this chapter, and its release is approved by the
				  commissioner.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.410 - Personal bond and letter of credit, certificate of deposit, or deposit of cash or gold

Current through May 31, 2024
(a) A personal bond must be submitted on a
				  form prescribed by the commissioner and must be accompanied by
(1) an irrevocable letter of credit issued by
				  a bank or other financial institution authorized to do business in the United
				  States;
(2) a certificate of
				  deposit in the amount of the bond issued in sole favor of the department by a
				  bank or other financial institution authorized to do business in this
				  state;
(3) a cash deposit
				  maintained in a depository account as directed by the commissioner;
				  or
(4) a deposit of gold held in
				  escrow by a bank or other financial institution, payable to the State of Alaska
				  if the bond is forfeited, and with a value of 25 percent more than the bond
				  obligation, to allow for potential decreases in gold prices.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.415 - Acreage to be bonded

Current through May 31, 2024
(a) Acreage that must be bonded before a
				  mining operation begins in any calendar year is limited to any area to be mined
				  during that calendar year, plus any mined area (as that term is defined in
				  11 AAC 97.990) mined in a previous
				  year for which reclamation must be completed under this chapter; it is not
				  necessarily the same as the entire acreage of the mining operation. For an
				  underground mine, only the surface acreage disturbed by the operation
				  constitutes "mined area" for purposes of the bond requirement.
(b) After a multi-year reclamation plan goes
				  into effect, the miner shall ensure that the bond amount is sufficient at all
				  times to cover any area to be mined during the current calendar year, plus any
				  area mined in a previous year that has not yet been reclaimed.
(c) Any previously reclaimed area that is to
				  be mined again is subject to the bond requirement in the year that mining
				  resumes and until it is reclaimed.
(d) In calculating the number of acres that
				  must be bonded, a miner must round up to the next whole number.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.420 - Amount of bond

Current through May 31, 2024
(a) The amount of the performance bond
				  required by
				  11 AAC 97.400 is $750 per acre, or
				  the reduced per-acre amount determined by the commissioner under (b) of this
				  section, multiplied by the acreage total determined under
				  11 AAC 97.415.
(b) If a miner shows to the commissioner's
				  satisfaction that the reasonable and probable costs of reclamation under an
				  approved reclamation plan are less than $750 per acre, the commissioner will
				  reduce the bond to those costs. The miner's showing must be submitted along
				  with the proposed reclamation plan and must include an estimate of the labor
				  and equipment costs that would be incurred to hire a third-party contractor to
				  perform the reclamation in accordance with the plan. In evaluating a miner's
				  proposal for reduction of the bond amount, the commissioner will consider the
				  nature of the surface, its uses, improvements in the vicinity of the land, the
				  degree of risk involved in the mining operation, and all other relevant
				  factors. The commissioner will make a determination on this request of bond
				  reduction in the time schedules set out in
				  11 AAC 97.300.
(c) A miner may provide a bond for more than
				  the amount required by (a) and (b) of this section.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.425 - Bonding pool

Current through May 31, 2024
(a) A statewide bonding pool has been
				  established by the department for mining operations subject to AS 27.19.
				  Instead of posting an individual performance bond, a miner may participate in
				  the bonding pool.
(b) To
				  participate in the bonding pool each year, the miner shall pay into the pool a
				  deposit of 15 percent of the miner's total bond amount determined under
				  11 AAC 97.420(a)
				  for that year, plus an annual nonrefundable fee of five percent of the total
				  bond amount for that year. These percentages are the same for all
				  operations.
(c) Except for an
				  operation whose bond amount is reduced below $750 per acre under
				  11 AAC 97.420(b),
				  the percentages set by (b) of this section result in a bonding pool deposit of
				  $112.50 per acre and an annual nonrefundable fee of $37.50 per acre.
(d) No reclamation plan approval goes into
				  effect until the bonding pool deposit and annual nonrefundable fee are paid.
				  The annual nonrefundable fee for the first year of a reclamation plan may not
				  be prorated or reduced. Subsequent annual nonrefundable fees for any
				  unreclaimed acreage are due by Aprill of each year that the reclamation is not
				  completed or before the mining operation begins in each calendar year,
				  whichever is earlier. If the amount of acreage requiring reclamation varies
				  from year to year under the plan, the miner is responsible for making the
				  appropriate payment, including an increased deposit when required, each year.
				  If the acreage decreases, the miner may apply, under
				  11 AAC 97.435, for a refund of the
				  excess deposit. The miner must pay the annual nonrefundable fee, and the
				  increased deposit when required by the reclamation plan, without billing from
				  the department. A late payment automatically suspends approval of the
				  reclamation plan until full payment, including the late- payment fee set out in
				  11 AAC 05.030, is received, at which time the reclamation plan is automatically
				  reinstated. During such a suspension, the miner may not engage in a mining
				  operation.
(e) If the
				  commissioner, in his or her discretion, allows a miner who is subject to the
				  bonding requirement of
				  AS
				  27.21.160 to participate in the bonding pool,
				  the bonding pool is not obligated for an amount exceeding $750 per acre. Any
				  additional bond amount required under
				  AS
				  27.21.160 must be provided under one of the
				  mechanisms allowed under
				  AS
				  27.21.160 and 11 AAC 90.
Authority:
Sec. 2, ch. 92, SLA 1990
AS 27.19.030
AS
						27.19.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.430 - Liability exceeding bond amount; bonding pool deposit

Current through May 31, 2024
The posting of a performance bond, or participation in the
					 bonding pool, does not limit the department's right to seek further
					 compensation for a violation of AS 27.19, this chapter, or the approved
					 reclamation plan. The miner is liable for the full costs of reclamation to the
					 standards of AS 27.19, this chapter, and the approved reclamation plan,
					 regardless of the amount of the reclamation bond or bonding pool deposit and
					 fees.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.030
AS 27.19.040
AS
						27.19.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 4 - Reclamation Bonding › 11 AAC 97.435 - Release or decrease of bond, and refund of bonding pool deposit

Current through May 31, 2024
(a)
				  An application for release or decrease of the amount of a performance bond, or
				  for refund of a deposit paid into the bonding pool, must include a sworn
				  statement, executed under penalty of perjury, verifying that the miner has
				  examined the requirements of his or her approved reclamation plan, has
				  investigated the nature and extent of reclamation, and certifies as true that
				  all applicable reclamation responsibilities have been completed.
(b) Before authorizing release of or decrease
				  in the amount of the bond, or refund of a deposit paid into the bonding pool,
				  the commissioner will inspect or review actions taken under the approved
				  reclamation plan, and will make a written finding that each applicable
				  requirement of the approved reclamation plan has been completed. The
				  commissioner will, in his or her discretion, require the miner to submit
				  photographs or other information documenting the reclamation, and, if no
				  inspection takes place, the commissioner will base his or her finding and bond
				  release on the miner's documentary evidence and sworn statement. If reclamation
				  was done in accordance with the plan and with the miner's sworn statement, the
				  commissioner's finding constitutes approval of the reclaimed area and releases
				  the miner from liability under AS 27.19. If reclamation was not done in
				  accordance with the plan and with the miner's sworn statement, the miner
				  remains liable under AS 27.19, notwithstanding the commissioner's
				  finding.
(c) If another agency with
				  jurisdiction over the mining operation agrees to accept the miner's posting of
				  a bond or bond pool deposit with the commissioner as satisfying its own bond
				  requirement, and has filed a written request or entered into a cooperative
				  management agreement under
				  AS
				  27.19.060 to be notified before the
				  commissioner releases or reduces the bond or bond pool deposit, the
				  commissioner will give the other agency reasonable notice.
(d) Upon request by the miner and consent of
				  the affected surety or financial institution, the commissioner will apply the
				  performance bond, or the bonding pool deposit or a portion of it, to new
				  acreage under a new reclamation plan or amendment to a reclamation plan
				  submitted by the miner. The non-refundable annual fee is not transferable and
				  is due for all new acreage to be mined.
Authority:
Sec. 2, ch. 92, SLA
1990
AS 27.19.040
AS
						27.19.060