reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.500 - Permit applications

Current through May 31, 2024
(a) The procedures of
				  11 AAC 82.105,
				  11 AAC 82.110,
				  11 AAC 82.200,
				  11 AAC 82.205,
				  11 AAC 82.300,
				  11 AAC 82.305, and
				  11 AAC 82.500 -
				  11 AAC 82.540 apply to offshore
				  prospecting permits.
(b) An
				  applicant may file for and be granted an offshore prospecting permit only on
				  tide and submerged land that has been opened for offshore prospecting
				  permits.
(c) Notwithstanding (a)
				  and (b) of this section and
				  11 AAC 86.565, all prospecting
				  permit applications pending as of January 2, 1983, will be adjudicated without
				  regard to whether the area applied for was open to filing at the time of
				  application. This action is intended to preserve priority rights established by
				  the applications' order of filing. The commissioner is exercising his authority
				  under AS
				  38.05.020 and
				  AS
				  38.05.035(b)(2) to grant and
				  preserve these priority rights in order to avoid inequitable detriment to
				  diligent applicants due to situations over which the applicants had no control.
				  The commissioner finds that this exercise of this authority under
				  AS
				  38.05.035(b)(2) is in the
				  best interests of the state.
(d) No
				  person may file offshore prospecting permit applications that exceed, in the
				  aggregate or in combination with offshore prospecting permits already held by
				  that person, 300,000 acres.
(e)
				  Notwithstanding (d) of this section, any person who, as of January 2, 1983, has
				  pending prospecting permit applications that exceed 100,000 acres, shall,
				  within 24 months after January 1, 1983, reduce the acreage under prospecting
				  permit application to 300,000 acres or less. The department will adjudicate and
				  issue up to 100,000 acres of offshore prospecting permits according to a
				  priority list established by the applicant to the extent administratively
				  practicable. If excess applications are not relinquished, adjudication of
				  pending applications will take place in an order determined by the
				  department.
(f) All tide and
				  submerged land will be opened for offshore prospecting permit applications on
				  June 30, 1984, unless the department finds that
(1) the land contains known mineral deposits
				  that will be offered by competitive leasing;
(2) mining would be incompatible with
				  significant surface uses; or
(3)
				  adequate funding has not been appropriated for disposal of these minerals under
				  the procedures provided by law.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.505 - Effective date

Current through May 31, 2024
The effective date of a permit or lease is as provided by
					 11 AAC 82.675.
Authority:
AS
						38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.510 - Acceptable permit work

Current through May 31, 2024
Only expenditures and labor on land covered by the permit
					 or permits, which in the opinion of the commissioner develop or benefit the
					 permits, are acceptable. The work must add to the knowledge of mineral deposits
					 within the limits of the permit or permits or must directly facilitate the
					 acquisition of such information. Creditable work may include, but is not
					 limited to, sampling and geological and geophysical surveys. General economic
					 and feasibility studies, and work such as roads and other structures on
					 adjacent upland, are not acceptable unless considered reasonably necessary by
					 the commissioner for the development of the permit or group of permits. Work
					 done in excess of minimum requirements in one year may be credited during the
					 following two years.
Authority:
AS
						38.05.020
AS
						38.05.250
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.515 - Compliance with permit rental requirement

Current through May 31, 2024
(a) On or before
				  the second and each subsequent anniversary date of the offshore prospecting
				  permit, the permittee shall pay rental, submit an affidavit of work creditable
				  against the rental, or submit a combination of a partial rental payment and an
				  affidavit of work creditable against rental, in the amount due. The affidavit
				  of work must be filed with the department. The signing of the affidavit
				  constitutes certification that, to the knowledge of the permittee, the work, or
				  that portion of work claimed as an excess from a previous year, has not been
				  previously credited to any rental or work requirement.
(b) The affidavit must be supported by
				  substantiating evidence, as might be required by the commissioner. The
				  affidavit must set out fully
(1) the location
				  of the work performed;
(2) the
				  nature, extent and cost of the work;
(3) the general findings from the work;
				  and
(4) the name, address, and
				  professional background of each person conducting the work.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.520 - Grouping of permits

Current through May 31, 2024
Contiguous permits may be grouped for work requirement
					 purposes if it is shown to the satisfaction of the commissioner on or before
					 the time provided in
					 11 AAC 86.515 that the permits are
					 and were held under common ownership or assignment. For purposes of grouping
					 permits, work affidavits must be filed on a group basis and in accordance with
					 11 AAC 86.515.
Authority:
AS
						38.05.020
AS 38.06.250(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.528 - Permit extension

Current through May 31, 2024
An offshore prospecting permit will not be extended or
					 renewed.
Authority:
AS
						38.05.020
AS
						38.05.250
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.532 - Duration of "grandfather rights" leases

Current through May 31, 2024
When an offshore lease that was issued before 1982 is
					 renewed, the term of the new lease will be 10 years, subject to extension as
					 provided in
					 AS
					 38.05.250.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.250
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.535 - Survey

Current through May 31, 2024
The provisions of
					 11 AAC 82.640 -
					 11 AAC 82.650 apply to offshore
					 mining leases.
Authority:
AS
						38.05.020
AS
						38.05.250
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.541 - Offshore mining lease rental

Current through May 31, 2024
(a) A rental
				  payment for a tide or submerged land mining lease must be made in accordance
				  with 11 AAC 86.107. Each 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 ADL number of the lease.
				  The department will, in its discretion, refuse to accept a payment submitted
				  without the required information.
(b) The amount of the annual rental payment
				  is $1.03 per acre during the first five years of the lease, $2.06 per acre
				  during the next five years of the lease, and $5.16 per acre after that.
				  Payments made for an offshore prospecting permit will not be applied against
				  the rent that becomes due after the permit is converted to a lease.
(c) The first rental year for a tide or
				  submerged land mining lease that was issued on or before August 31, 1989 began
				  at noon on September 1, 1989 and payment for that rental year must be made on
				  or before June 29, 1990. The rental payment for each subsequent rental year is
				  due on September 1 and must be paid on or before November 30.
(d) The first annual rental payment for a
				  tide or submerged land mining lease issued after August 31, 1989 must be paid
				  within 90 days after the effective date of the lease and will be applied to the
				  period from the effective date of the lease to the following September 1. The
				  rental payment for each subsequent rental year is due on September 1 and must
				  be paid on or before November 30.
(e) If the lessee fails to make a timely
				  rental payment, the lease 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 lessee will be granted 30 days after a deficiency
				  notice is delivered under
				  11 AAC 86.108 to submit the
				  additional rental due. The deficiency notice will specify the ADL number of the
				  lease that will be considered abandoned without further notice if full payment
				  is not received within the 30-day period.
Authority:
AS
						38.05.020
AS
						38.05.035
AS
						38.05.185
AS
						38.05.211
AS
						38.05.250
AS
						38.05.265
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.545 - Leases granted by competitive bidding

Current through May 31, 2024
If the director offers tide and submerged lands containing
					 known deposits of locatable minerals for lease, leases will be granted under
					 the competitive bidding procedures of
					 11 AAC 82.400 -
					 11 AAC 82.475. Known deposits of
					 locatable minerals are those determined by the director, after reviewing public
					 information, to exist in sufficient quantity and quality to induce further
					 development towards production of minerals for sale.
Authority:
AS
						38.05.020
AS 38.05.145
AS
						38.05.250
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.561 - Surrender

Current through May 31, 2024
11 AAC 82.635 applies to the
					 surrender or relinquishment of an offshore prospecting permit or offshore
					 mining lease.
Authority:
AS
						38.05.020
AS
						38.05.250
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.565 - Land in terminated permits and leases

Current through May 31, 2024
The procedures of
					 11 AAC 82.500 -
					 11 AAC 82.540 pertaining to land
					 in terminated permits and leases are applicable to land on which permits or
					 leases under this chapter have terminated unless the land has been classified
					 for competitive leasing.
Authority:
AS
						38.05.020(b)
AS
						38.05.035(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.575 - Production and lease extension

Current through May 31, 2024
(a) To qualify for
				  extension of an offshore mining lease for so long as production continues,
				  production must be achieved by the end of the lease's stated term.
(b) Under the circumstances set out in
				  AS
				  38.05.250(d), the lessee may
				  apply for a short-term extension of a lease that is not yet in
				  production.
Authority:
AS
						38.05.020
AS 38.05.205
AS
						38.05.250
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 6 - Offshore Permits and Leases › 11 AAC 86.580 - Suspension

Current through May 31, 2024
(a) An application for a suspension of
				  operations and production under a lease must comply with
				  11 AAC 88.105 and must contain
				  complete information showing the necessity or justification for the
				  suspension.
(b) No lease expires
				  because production or operations leading to production are suspended by order
				  of or with the assent of the department. When a suspension is removed, the
				  lessee will have a reasonable time, which will not be less than six months, to
				  resume operations or production.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.250
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 7 - Millsites › 11 AAC 86.600 - Millsite permit

Current through May 31, 2024
(a) The director may grant the owner of a
				  mining interest on federal, state, or private land a millsite permit for use of
				  the state's surface estate for a millsite, tailings disposal, or another use
				  necessary for the mineral development. The surface estate subject to the
				  millsite permit must be on or near the owner's mining interest. The director
				  will set the term of the millsite permit for a duration that is appropriate to
				  the permittee's use of the site, and will condition the millsite permit upon
				  payment of fair market rental value for the term of the permit.
(b) This section does not require an owner of
				  a mineral location under
				  AS
				  38.05.185-38.05.275 to obtain a millsite
				  permit for use of the state's surface estate within the boundaries of the
				  location.
Authority:
AS
						38.05.020
AS
						38.05.255
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.760 - Production royalty

Current through May 31, 2024
As required by
					 AS
					 38.05.212, the holder of a mining claim,
					 leasehold location, or mining lease, including a mining lease under
					 AS
					 38.05.250, shall pay a royalty of three
					 percent of net income, as determined under AS 43.65 and 15 AAC 65, on all
					 minerals produced from land subject to the claim, leasehold location, or mining
					 lease, subject to the following exceptions:
(1) If the holder segregates its gross
				  income, deductions, and expenses under
				  11 AAC 86.766, the holder's gross
				  income, deductions, and expenses attributable to minerals produced from land
				  owned by the federal government, a borough or municipality, a native
				  corporation, or a private party shall be omitted from the calculation of net
				  income.
(2) Net income must be
				  determined and reported, and the production royalty must be paid, for each
				  calendar year rather than each tax year.
(3) Credit will be given for annual rental
				  paid on a mining claim, leasehold location, or mining lease in production that
				  year. A refund may not be made if the amount of annual rental due and paid
				  exceeds the amount of the production royalty.
(4) A new mining operation is not exempt from
				  production royalties.
Authority:
AS
						38.05.211(c)
AS
						38.05.212
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.763 - Holder defined

Current through May 31, 2024
(a) As used in
				  11 AAC 86.760 -
				  11 AAC 86.796, a "holder" or a
				  "holder of a mining claim, leasehold location, or mining lease" is a person
				  engaged in one or more of the following activities in the state, and includes a
				  person who is temporarily exempt from taxation under
				  AS
				  43.65.010(a):
(1) owning and operating a mining
				  property;
(2) owning a mining
				  property and receiving lease or royalty payments based on production from the
				  property;
(3) leasing a mining
				  property from another person and operating the property;
(4) possessing a mineral interest, whether an
				  economic or a production interest, in a producing property, including royalty,
				  working or operating interests, net profits, overriding royalties, carried
				  interests, and production payments.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.766 - Segregation

Current through May 31, 2024
(a) The holder may segregate gross income,
				  deductions, and expenses using any one of the three methodologies described in
				  (b) - (d) of this section.
(b)
				  Separate or Traced Accounting of Minerals, Income, Deductions, and Expenses. If
				  the holder traces every item of income, deductions, and expenses to either
				  minerals produced from state land or minerals produced from non-state land,
				  then only income, deductions, and expenses traced to minerals produced from
				  state land shall be used in calculating the production royalty. If the holder
				  mines the same mineral from both state and non-state land, income will be
				  treated as traced income only if the holder:
(1) maintains separate operations and
				  separate books, maintained in conformance with generally accepted accounting
				  principles, for mining on state land and on non-state land; or
(2) contemporaneous with mining, records the
				  amount of raw mineral mined from state land, the amount of raw mineral mined
				  from non-state land, and the corresponding grades of such raw material, and,
				  contemporaneous with sale, records the corresponding income from the minerals
				  mined.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.769 - Production royalty payments and returns

Current through May 31, 2024
(a) Production
				  royalty returns must be prepared and submitted on forms available from the
				  division. Completed returns and payments must be submitted to the department
				  office in Anchorage or Fairbanks.
(b) Production royalty returns must be filed
				  for each year after 1989 in which production occurs, or minerals produced from
				  state land are sold, exchanged, or otherwise disposed of; returns are not
				  otherwise required.
(c) Production
				  royalty returns and payments are due every year on May 1 for the preceding
				  calendar year.
(d) Upon written
				  request, the division may grant an extension of time to file a production
				  royalty return and to pay the royalty payment. The written request must be
				  received by the division no later than 10 days before the due date set in (c)
				  of this section. The written request must include a complete statement of the
				  reasons for the request. An extension of time may not exceed 120 days. Interest
				  accrues on the unpaid balance of a royalty payment during the term of an
				  extension.
The mailing and geographic addresses for submission of
						production royalty returns described in
						11 AAC 86.769(a)
						are the following: for Anchorage: State of Alaska, Department of Natural
						Resources, Division of Mining, Land and Water, 550 West 7th Avenue, Suite 900,
						Robert B. Atwood Building, Anchorage, Alaska 99501; for Fairbanks: State of
						Alaska, Department of Natural Resources, Division of Mining, Land and Water,
						3700 Airport Way, Fairbanks, Alaska
						99709.
Authority:
AS
						38.05.212
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.772 - Interest on unpaid royalties; deficient payments

Current through May 31, 2024
(a) Interest
				  accrues from the due date set in
				  11 AAC 86.769(c)
				  on the outstanding balance of any production royalty not paid in full when due.
				  This interest accrues at the legal rate of interest in the State of Alaska, as
				  specified in
				  AS
				  45.45.010(a), until the
				  outstanding balance is paid in full.
(b) If the division discovers that a
				  production royalty payment is deficient, the division shall send the holder of
				  a mining claim, leasehold location, or mining lease a deficiency notice by
				  certified mail, return receipt requested. The deficiency notice must comply
				  with 11 AAC 88.140, and must
(1) state the amount of the deficiency, if
				  known;
(2) state the rate at which
				  interest accrues on the deficiency;
(3) inform the holder that it has 60 days
				  after the date on the notice to pay in full the total of the deficiency plus
				  interest; and
(4) inform the holder
				  that failure to pay the total of the deficiency plus interest within 60 days is
				  an abandonment of the holder's claim, leasehold location, or mining lease
				  unless the holder, under
				  11 AAC 86.778, contests the
				  deficiency notice before expiration of the 60-day period.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.775 - Books and records

Current through May 31, 2024
The holder must keep its books and records pertaining to
					 mining income, expenses, and deductions for no less than six years after the
					 calendar year to which they relate. Books and records for both mining on state
					 land and mining in Alaska on non-state land must be kept as required by this
					 section. The books and records must be available for inspection and copying by
					 authorized representatives of the state. If the office in which the books and
					 records are kept and maintained is not readily accessible to the authorized
					 representatives of the state, the books and records, upon request, must be
					 produced at the state office designated by the state
					 representative.
Authority:
AS
						38.05.212
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.776 - Confidentiality

Current through May 31, 2024
The financial information contained in the production
					 royalty returns filed by a holder, and the books and records produced by the
					 holder, shall be held confidential upon the written request of the holder,
					 except that the following information may be made available to the
					 public:
(1) the holder's
				  name;
(2) the quantity of mineral
				  mined from each location;
(3) the
				  net income reported, or which should have been reported, by ADL number or in
				  total;
(4) the existence and nature
				  of a dispute between a holder and the division over production royalty
				  accounting or payment; and
(5)
				  information relevant to litigation in which the state claims underpayment or
				  nonpayment of production royalties.
Authority:
AS
						38.05.035
AS 38.05.212
AS
						43.05.230
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.778 - Contesting notice of deficiency

Current through May 31, 2024
(a) A holder who
				  wishes to protest a deficiency notice issued under
				  11 AAC 86.772(b)
				  shall file a written protest with the department. To preserve the holder's
				  rights and to receive consideration by the department, this written protest
				  must
(1) be personally delivered or mailed by
				  certified mail, return receipt requested, to either the Anchorage or Fairbanks
				  office of the department;
(2) be
				  received by the department within 60 days after the date on the notice of
				  deficiency;
(3) state the
				  departmental action the holder is protesting, the relief sought, and the ADL
				  numbers affected;
(4) state the
				  grounds for the holder's protest, including the facts at issue, the legal
				  authority relied upon, and any generally accepted accounting principles that
				  support the holder's protest; and
(5) state whether the holder wants an
				  informal conference or waives that right in favor of a formal
				  hearing.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.781 - Informal conferences

Current through May 31, 2024
(a) Unless the holder waives the right to an
				  informal conference, upon receipt of the holder's written protest under
				  11 AAC 86.778 the department will
				  designate a conference officer who will promptly schedule the informal
				  conference with the holder. A holder wishing to present facts and financial
				  information in support of its position must bring all pertinent books, records,
				  and other documents to the conference or must make them readily available for
				  examination by the conference officer. The conference officer may copy any of
				  the books, records, and other documents brought to the conference or made
				  available for the conference officer's examination.
(b) A holder whose protest turns solely on
				  one or more findings of material fact and who has waived its right to an
				  informal conference in favor of a formal hearing, may be required to attend an
				  informal conference before going to a formal hearing if the department believes
				  the disagreement over material facts can be resolved at the conference
				  level.
(c) After considering the
				  facts, financial information, and arguments presented by the holder at the
				  informal conference, the officer will make a recommendation to the department.
				  The conference officer is not authorized to compromise or waive the production
				  royalty payment that is protested by the holder; however, upon a conference
				  officer's recommendation that a correction of the department's original action
				  is warranted, the department will make the recommended correction if it decides
				  that the action is appropriate and will promptly notify the holder in writing
				  of its decision and of the correction. In all other cases, the department will
				  make a decision on the conference officer's recommendation and will notify the
				  holder in writing of the decision.
(d) A holder who is dissatisfied with the
				  department's decision under (c) of this section and who wishes to continue its
				  protest in the matter shall, within 30 days after the date on the department's
				  notice of its decision on the conference officer's recommendation, file a
				  written request, as described in
				  11 AAC 86.784(b),
				  for a formal hearing before the department. Failure to timely file a request
				  waives the holder's right to further consideration of its protest before the
				  department.
(e) A decision under
				  (c) of this section is not a final administrative determination of the holder's
				  protest by the department.
Authority:
AS
						38.05.212
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.784 - Formal hearings

Current through May 31, 2024
(a) The department will hold a formal hearing
				  for a holder if
(1) the holder timely files a
				  protest fulfilling the requirements of
				  11 AAC 86.778(a),
				  waiving the right to an informal conference in favor of a formal
				  hearing;
(2) within 30 days after
				  the date on the department's notice under
				  11 AAC 86.781(c)
				  of its decision on the conference officer's recommendation regarding that
				  holder's protest, the holder files a written request for a formal hearing which
				  fulfills the requirements of (b) of this section; or
(3) under the facts and circumstances of a
				  particular case it appears appropriate to the department to conduct a formal
				  hearing.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.787 - Appeals

Current through May 31, 2024
The commissioner's decision under
					 11 AAC 86.784 is a final
					 administrative order for purposes of appeal to court. No further appeal to the
					 commissioner or petition for the commissioner's reconsideration is available. A
					 holder who disagrees with the decision of the commissioner under
					 11 AAC 86.784 may appeal the
					 decision to a court having jurisdiction to hear such appeals as provided in
					 AS
					 44.62.560 and
					 AS
					 44.62.570.
Authority:
AS
						38.05.212
AS
						44.37.011
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.790 - Abandonment; suit to collect payment

Current through May 31, 2024
(a) The department
				  will consider that the holder of a mining claim, leasehold location, or mining
				  lease has abandoned to the state all rights acquired under that state mining
				  claim, leasehold location, or mining lease if the holder
(1) fails to file a production royalty return
				  when due; or
(2) does not pay a
				  portion of the production royalty when the payment is due and thereafter does
				  not, within 30 days of receipt of a certified notice of abandonment, pay the
				  total amount that is due.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.793 - Relocation

Current through May 31, 2024
(a) A mining claim, leasehold location, or
				  mining lease that has been abandoned under
				  11 AAC 86.790 is subject to
				  relocation by another after the date on which notice of abandonment is posted
				  at both the Anchorage and Fairbanks offices of the division under
				  11 AAC 86.790(d).
(b) A holder or locator of an abandoned
				  mining claim, leasehold location, or mining lease may not relocate the
				  abandoned location until one year after notice of abandonment is posted at both
				  the Anchorage and Fairbanks offices of the division under
				  11 AAC 86.790(d).
Authority:
AS
						38.05.212
AS
						38.05.265
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 9 - Mining Production Royalty › 11 AAC 86.796 - Definitions

Current through May 31, 2024
As used in
					 11 AAC 86.760 -
					 11 AAC 86.796,
(1) "ADL" means the Alaska Division of Lands
				  in the department;
(2) "department"
				  means the Department of Natural Resources;
(3) "director" or "division" means the
				  director or division delegated the authority of the director of lands in the
				  department;
(4) "gross income"
				  means gross income as defined in
				  15 AAC 65.110;
(5) "person" means the same as in
				  AS
				  01.10.060;
(6) "produced mineral" or "mineral produced"
				  means any mineral or raw material extracted or leached in-situ from the surface
				  or subsurface and removed from the mining claim, leasehold location, or mining
				  lease from which it was extracted or leached in-situ; "produced mineral" or
				  "mineral produced" does not include any mineral produced as a result of taking
				  a sample or bulk sample; for purposes of this paragraph, "bulk sample" has the
				  meaning given in
				  15 AAC 65.990, and the definition
				  of "bulk sample" in that section, as revised as of August 1, 2001, is adopted
				  by reference;
(7) "ton" means 2,000
				  pounds.
Other definitions applicable to
						11 AAC 86.760 -
						11 AAC 86.796 appear in
						11 AAC 88.185.
Authority:
AS
						38.05.212
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 10 - General Prospecting Permit and Lease Provisions › 11 AAC 86.800 - Plan of operations

Current through May 31, 2024
(a) A plan of operations that describes the
				  activities proposed to take place under an upland mining lease, offshore
				  prospecting permit, or offshore mining lease must be submitted to and approved
				  by the director before activities may occur under the prospecting permit or
				  lease. An approved plan of operations takes the place of the land use permit or
				  miscellaneous land use permit that would be required under this title for
				  unleased land. If proposed lease or permit activities are so minor that they
				  could take place without a land use permit on unleased land, a plan of
				  operations is not required.
(b) The
				  plan must show how the operator proposes to comply with performance standards,
				  stipulations, or conditions applicable to the prospecting permit or lease. The
				  proposed plan of operations must address the areas to be mined, location and
				  design of settling ponds, tailings disposal, overburden storage, permanent or
				  temporary diversions of water, access routes, reclamation plans, and other
				  actions necessary to conduct the operation. The plan must include statements
				  and maps or drawings setting out the following, as applicable:
(1) the sequence, schedule, and duration of
				  the proposed operations;
(2) size
				  and purpose of the operations;
(3)
				  number of pieces of equipment and people working on the project;
(4) amount of material to be handled,
				  processed, or removed, and how the material will be processed;
(5) method of tailings disposal;
(6) area of timber to be cleared, amount to
				  be used, and clearing methods;
(7)
				  overland access routes to be used, and whether new roads, landing strips, or
				  other new transportation facilities will be needed;
(8) reclamation that will be carried out,
				  including a timetable for each step in the reclamation, an estimate of the
				  cost, and a description of the measures to ensure that all debris is disposed
				  of in a sound manner;
(9) the
				  actions to be taken to avoid or minimize detrimental effects on fish and
				  wildlife and their habitats;
(10)
				  amount and source of water to be used;
(11) location and size of camp
				  facilities;
(12) any site the
				  operator wants the division to close to public access in order to protect
				  public safety or to prevent unreasonable interference with the rights of the
				  operator;
(13) how the operator's
				  plans for compliance with other applicable laws and regulations, including size
				  and location of required facilities or improvements, will affect resources
				  under the jurisdiction of the department; and
(14) any additional information required by
				  the director to assist in evaluating the proposed plan of operations.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 10 - General Prospecting Permit and Lease Provisions › 11 AAC 86.805 - Bond

Current through May 31, 2024
(a)11 AAC 82.600 applies to offshore prospecting permits,
				  offshore mining leases, and upland mining leases. If a bond is required, the
				  applicant, permittee, or lessee will be given notice of the requirement and its
				  effective date. At least 30 days will be allowed to provide the bond.
(b) The director will, in his or her
				  discretion, if a significant change in the scope of operations occurs, or
				  before approving an assignment, alter the amount of the bond.
(c) A bond provided under this section will
				  be released upon the following conditions:
(1) the expiration or relinquishment of the
				  lease or prospecting permit; and
(2) the reclamation of the lease area or
				  prospecting permit area as set out and approved in the plan of
				  operations.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 10 - General Prospecting Permit and Lease Provisions › 11 AAC 86.810 - Suspension and termination

Current through May 31, 2024
If the permittee or lessee fails to comply with applicable
					 statutes and regulations, or to comply with the provisions of the prospecting
					 permit or lease (except for failure to pay rental, which results in termination
					 under AS
					 38.05.265), and the failure continues for 30
					 days after service of written notice and an opportunity to be heard, the
					 director will, in his or her discretion,
(1) suspend production or operations leading
				  to production until compliance is achieved, during which the obligation to pay
				  rental continues, or
(2) terminate
				  the permit or lease.
Authority:
AS
						38.05.020
AS 38.05.185
AS 38.05.205
AS 38.05.250
AS
						38.05.265
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 10 - General Prospecting Permit and Lease Provisions › 11 AAC 86.815 - Transfers

Current through May 31, 2024
An offshore prospecting permit, offshore mining lease, or
					 upland mining lease may be transferred in accordance with
					 11 AAC 82.605 -
					 11 AAC 82.630.
Authority:
AS
						38.05.020(b)
AS
						38.05.270
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 1 - Applicability › 11 AAC 87.010 - Applicability

Current through May 31, 2024
This chapter applies to the exploration of geothermal
					 systems and the drilling of all geothermal wells in the state.
Authority:
AS
						38.05.020
AS 38.05.181
AS 41.06.020
AS
						41.06.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 2 - Exploratory Operations › 11 AAC 87.030 - Geothermal exploration permit for shallow holes

Current through May 31, 2024
(a) An operator
				  shall file an application for a geothermal exploration permit before drilling
				  shallow holes for purposes of measuring heat flow or temperature
				  gradient.
(b) The application fee
				  prescribed by 11 AAC 05.140 must accompany each application for an exploration
				  permit. The application must include the following information:
(1) the name and address of the
				  landowner;
(2) the name and address
				  of the operator;
(3) the legal
				  description and map of the exploration area;
(4) the approximate location of each proposed
				  hole;
(5) the type and size of
				  drilling rig;
(6) the proposed
				  drilling program, including the drilling system or type of circulating medium
				  for, approximate depth of, and casing program for each hole;
(7) the type of drilling sump and proposed
				  method of sump abandonment at each location;
(8) the approximate length of time that each
				  hole will be used for observation;
(9) the proposed method of abandonment for
				  each hole;
(10) sufficient
				  information to enable the commissioner to determine whether the proposed
				  operation will comply with
				  11 AAC 84.895; and
(11) any other relevant information the
				  commissioner determines necessary.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 2 - Exploratory Operations › 11 AAC 87.040 - Completion of geothermal exploration

Current through May 31, 2024
The operator shall submit a report to the commissioner
					 within 60 days after completion of geothermal exploration and include the
					 following information:
(1) final hole
				  designation and location;
(2) a
				  drilling log noting any water table, aquifers, and sale and mineral deposits
				  encountered;
(3) methods of
				  cementing and completion, and types of casing and tubing used;
(4) complete details of abandonment
				  procedures;
(5) any information on
				  drilling difficulties or unusual circumstances encountered which may be helpful
				  in assuring future safety of operations or protection of the environment in the
				  area concerned; and
(6) temperature
				  data and logs for each hole surveyed.
Authority:
AS
						38.05.020
AS 38.05.181
AS 41.06.020
AS 41.06.040
AS
						41.06.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 2 - Exploratory Operations › 11 AAC 87.050 - Exploration bond

Current through May 31, 2024
The permittee may be required to furnish a personal or
					 corporate surety bond acceptable to the commissioner and conditioned upon
					 compliance with all the terms of the permit. The commissioner will determine
					 the amount of the bond based on the scope of the activity planned. Operations
					 requiring a bond may not commence until an acceptable bond has been filed.
					 Within 30 days after receipt of a completed application, the commissioner will
					 notify the applicant whether bond will be required.
Authority:
AS
						38.05.020
AS 38.05.181
AS 41.06.020
AS
						41.06.040(b)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.070 - Drilling permit

Current through May 31, 2024
(a) Unless authorized under
				  11 AAC 87.030, a drilling permit
				  is required before the drilling, redrilling, or deepening of any well and
				  before the reentry of an abandoned well. However, in an emergency, oral
				  approval by the commissioner of any operation covered by 11 AAC 87.070 -
				  11 AAC 87.190 is
				  sufficient.
(b) The application fee
				  prescribed by 11 AAC 05.140 must accompany each application for a drilling
				  permit. The application must include the following:
(1) the name and address of the landowner or
				  lessee;
(2) a legal description and
				  map of the parcel and well location;
(3) the name and address of the
				  operator;
(4) the well name and
				  number;
(5) the proposed
				  bottom-hole coordinates for a directionally drilled well;
(6) the datum elevation or elevation of the
				  derrick floor, rotary table, or kelly bushing, relative to surface
				  level;
(7) the elevation of the
				  ground, relative to sea level;
(8)
				  the estimated depth of the intended zone of completion, relative to
				  datum;
(9) the estimated planned
				  total depth, relative to datum;
(10) a description of the proposed casing
				  program as required in
				  11 AAC 87.120;
(11) a description of the blowout prevention
				  equipment to be used and the information required by
				  11 AAC 87.130;
(12) a description of the proposed sump plan
				  and method of sump abandonment;
(13) an indemnity bond as required by
				  11 AAC 87.080; and
(14) any other relevant information the
				  commissioner determines necessary.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.080 - Drilling bond

Current through May 31, 2024
(a) An applicant for a drilling permit shall
				  file an indemnity bond for each well drilled, redrilled, or deepened, or a
				  statewide bond for the drilling, redrilling, or deepening of one or more wells
				  on the same lease or unit area. The bond must be in the amount the commissioner
				  determines necessary to ensure compliance with the applicable provisions of
				  this chapter.
(b) The bond may
				  either be a personal bond or a corporate surety bond executed by an insurance
				  company authorized to do business in Alaska.
(c) The bond must be conditioned upon
				  compliance with all terms of the permit and must remain in effect until the
				  abandonment of all wells covered by the bond is approved by the commissioner
				  and the bond is released or until another valid bond for the well has been
				  filed with the commissioner.
(d)
				  The commissioner's approval of the abandonment of a well and the release of the
				  bond constitutes a presumption of proper abandonment, but does not relieve an
				  operator of liability to the state after the abandonment.
(e) If authorized by the commissioner,
				  comparable security, such as a certificate of deposit, may be submitted instead
				  of the bond required by this section.
Authority:
AS
						41.06.040
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.090 - Change of operator

Current through May 31, 2024
An operator wishing to relinquish the role of operator
					 shall notify the commissioner in writing. The newly designated operator shall
					 notify the commissioner in writing of acceptance of the obligations as operator
					 and shall furnish a bond as provided in
					 11 AAC 87.080.
Authority:
AS
						41.06.020
AS 41.06.240
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.100 - Well identification

Current through May 31, 2024
(a) Every well and every operating geothermal
				  drilling rig must be identified by a sign posted in a conspicuous place on or
				  near the well. The sign must be of durable construction, large enough to be
				  legible under normal conditions at a distance of 50 feet, and maintained in
				  legible condition. Each sign must show
(1) the
				  name of the lease or ADL number, if applicable;
(2) the name of the landowner or
				  lessee;
(3) the name of the
				  operator;
(4) the well
				  number;
(5) the well surface
				  location by quarter section, township, range and meridian; and
(6) the drilling permit number, if
				  applicable.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 87 - Geothermal Drilling and Conservation › Article 3 - Drilling of Geothermal Wells › 11 AAC 87.110 - Records

Current through May 31, 2024
(a) An operator of a well shall keep detailed
				  and accurate drilling and well logs, core records, production and inspection
				  records, and, if taken, appropriately bagged and identified samples of drill
				  cuttings.
(b) The logs for
				  geothermal wells must show the lithologic characteristics and depth of
				  formations encountered; the depths and temperatures of water-bearing and
				  steam-bearing strata; any data obtained about the temperatures, chemical
				  compositions and physical characteristics of fluids encountered; the amount,
				  size, and weight of casing used; and the size, type, and density of perforated
				  intervals.
(c) The temperature log
				  must be obtained by either continuous temperature logging or by a comprehensive
				  multiple point temperature survey.
(d) The core record must show the depth and
				  character of cores obtained, as determined from the study and analysis of the
				  core.
(e) The drilling log must
				  describe in chronological order and on a daily basis all significant operations
				  carried out and equipment used during all phases of drilling. The results of
				  testing blowout prevention equipment must be recorded on the drilling log. A
				  monthly report of drilling and workover operations which summarizes the daily
				  record of well operation during the previous month must be filed with the
				  department on or before the last day of each month.
(f) Records listed in (a) - (e) of this
				  section must be kept at the drill site or local office of the operator,
				  available for inspection at reasonable times by the commissioner, and must be
				  submitted to the department with the completion report required in
				  11 AAC 87.190.
(g) Monthly statements required by
				  11 AAC 87.210, and records of the
				  inspections conducted under
				  11 AAC 87.250, for the preceding
				  calendar month, must be filed with the department by the last day of each
				  calendar month.
Authority:
AS
						38.05.020
AS
						41.06.040