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 86.221 - Annual rental

Current through May 31, 2024
(a) A rental payment for a mining claim or
				  leasehold location must be made in accordance with
				  11 AAC 86.107. The first rental
				  payment for a new location must be made in accordance with
				  11 AAC 86.215(f).
				  Each subsequent payment must be accompanied by a rental form provided by the
				  department, a photocopy of that form, or a rental form approved by the
				  director. The rental form must contain the name and address of the owner of
				  record and the name and ADL number of the claim or leasehold location. The
				  department will, in its discretion, refuse to accept a payment submitted
				  without the required information.
(b) Except as provided in (f) of this
				  section, the amount of the annual rental payment is based on the number of
				  years since a mining claim or leasehold location was first located, as follows:
Number of Years Since First Located
Rental
							 Amount for Each Quarter-Section Size MTRSC Location
Rental Amount for
							 Each Quarter Quarter-Section Size MTRSC Location
Rental Amount for Each Traditional Mining Claim or
							 Leasehold Location
0-5
$165
$40
$40
6-10
$330
$85
$85
11 or more
$825
$205
$205
(c) 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. The first
				  rental year for a claim or leasehold location located on state-selected land
				  begins on the date the federal government conveys the land to the state and
				  ends at noon on the following September 1. A claim or leasehold location
				  located on any September 1 will be considered to have been located after noon
				  on that day.
(d) The rental payment
				  for each subsequent rental year is due on September 1 and must be paid on or
				  before November 30.
(e) If a
				  locator fails to make a timely rental payment, the claim or leasehold location
				  will be considered abandoned under
				  AS
				  38.05.265. If a rental payment is timely
				  submitted to the department, but the director determines that the payment is
				  less than the amount due, the locator will be granted 30 days after a
				  deficiency notice is delivered under
				  11 AAC 86.108 to submit the
				  additional rental due. In the deficiency notice, the department will advise the
				  locator that if full payment is not received within the 30-day period, the
				  deficient payment will be applied until exhausted to the claims and leasehold
				  locations with the lowest ADL numbers. The claims and leasehold locations with
				  the remaining ADL numbers for which rent was due and full payment not received
				  will be considered abandoned without further notice.
(f) The following additional rules apply to a
				  rental determination:
(1) for the rental year
				  following the year in which a new MTRSC location is established, the new MTRSC
				  location is entitled to a 50 percent reduction in the rental that would
				  otherwise be due based on the size of the new MTRSC location;
(2) for the rental year following the year in
				  which a traditional location is converted to an MTRSC location, the converted
				  MTRSC location is entitled to a 50 percent reduction in the rental that would
				  otherwise be due based on the size and rental age of the converted MTRSC
				  location as determined under
				  11 AAC 86.260;
(3) if a traditional location is converted
				  into an MTRSC location, the annual rental for the converted MTRSC location is
				  based on its size and its rental age as determined under
				  11 AAC 86.260;
(4) the annual rental for a location
				  established by a locator or a locator's successor in interest under the
				  circumstances described in
				  11 AAC 86.223(c) or (d) is based on the location's size and on
				  the number of years since the relinquished or existing location was first
				  located.