reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 85 - Coal › Article 3 - General Leasing Provisions › 11 AAC 85.270 - Coal mining units

Current through May 31, 2024
(a) For the purpose of achieving more
				  economic operations or more efficient and orderly recovery of coal, leases may,
				  with the approval of the commissioner, be united and the lessees may adopt a
				  cooperative or unit plan of development and operation of their leases. As a
				  condition of approval of a Coal Mining Unit or "CMU," the commissioner will, in
				  his discretion and with the consent of the state lessees, establish, alter,
				  change, or revoke the development, production, rental, or royalty requirements
				  of the state leases within the unit area, as he determines necessary or proper
				  to protect the public interest and to conserve natural resources. The
				  commissioner will, in his discretion, require as a term of a competitive lease
				  sale, that the leased area be united into a CMU.
(b) A unit consists of an area of coal land
				  which can be developed and mined in an efficient, economic and orderly manner
				  with due regard for the maximum recovery of coal and conservation of other
				  resources. It may consist of one or more leases and may include intervening or
				  adjacent nonstate lands, but all land in the unit must be capable of being
				  developed and operated as a unified operation. Approval of a CMU is subject to
				  the conditions of diligent development and continued operation of the unit.
				  Diligent development and continued operation anywhere within the CMU, with
				  respect to either state or nonstate coal deposits, will be considered to have
				  occurred on each state lease in the CMU.
(c) After a request by the lessees, a CMU
				  containing any interest other than a single state lease becomes effective upon
				  approval by the commissioner.
(d)
				  The boundaries of a CMU may be changed upon application by the lessee and with
				  the approval of the commissioner.
(e) If any coal lands in a CMU are
				  relinquished, the lease terms for the unit will be adjusted
				  accordingly.
(f) Interests in coal
				  gained through the formation of a CMU shall not be counted as acreage under
				  11 AAC 85.210.
(g) In this section, "CMU" means coal mining
				  unit as described in (a) - (f) of this section.
Authority:
AS
						38.05.020
AS 38.05.145
AS
						38.05.150
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 85 - Coal › Article 3 - General Leasing Provisions › 11 AAC 85.275 - Cooperative leasing

Current through May 31, 2024
The commissioner will, in his discretion, enter into
					 agreements with other owners of coal deposits for joint lease sales or to offer
					 state leases on terms compatible with leases on lands owned by the other party
					 that could be united with the state leases in a CMU as described in
					 11 AAC 85.270.
Authority:
AS
						38.05.020
AS 38.05.027
AS 38.05.145
AS
						38.05.150
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 85 - Coal › Article 3 - General Leasing Provisions › 11 AAC 85.280 - Surface Mining Control and Reclamation Act

Current through May 31, 2024
All coal mining leases and operations must conform to the
					 approved state program under the Surface Mining Control and Reclamation Act of
					 1977 or to the federal program if a state program is not
					 approved.
Authority:
AS
						38.05.020
AS 38.05.145
AS
						38.05.150
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.100 - Applicability

Current through May 31, 2024
The provisions of this chapter apply to the acquisition of
					 mineral rights under
					 AS 38.05.185
					 -
					 38.05.275
					 and 38.05.880.
Authority:
AS
						27.05.010
Authority:
AS
						38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.105 - Discovery defined

Current through May 31, 2024
"Discovery" means a finding of valuable mineral as would
					 justify an ordinarily prudent person in expending further time, labor, and
					 money upon the property with a reasonable expectation of developing a paying
					 mine.
Authority:
AS
						38.05.020(b)
AS
						38.05.185(b)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.107 - Payments and refunds

Current through May 31, 2024
(a) All payments required under this chapter,
				  except for production royalty payments described in
				  11 AAC 86.769, may be made either
				  by mail or in person as provided in this section.
(b) The proper office for payment made by
				  mail is the financial office of the department. However, on or after June 1,
				  2002, the rental for a new mining claim, leasehold location, or prospecting
				  site location, other than a converted MTRSC location established under
				  11 AAC 86.250, may be mailed to
				  the applicable recording district office, if accompanied by the certificate of
				  location to be recorded and by a completed rental payment worksheet provided by
				  the department.
(c) The proper
				  office for payment made in person is either the Anchorage or Fairbanks office
				  of the department. However, on or after June 1, 2002, the rental for a new
				  mining claim, leasehold location, or prospecting site location, other than a
				  converted MTRSC location established under
				  11 AAC 86.250, may be paid at the
				  applicable recording district office, if accompanied by the certificate of
				  location to be recorded and by a completed rental payment worksheet provided by
				  the department.
(d) If a rental
				  payment is received in an amount in excess of that due for a location, the
				  department will credit the excess amount to rent that might become due for that
				  location, unless a refund is requested. The department will refund the excess
				  amount only if it receives a written request for the refund within 90 days
				  after the date of payment.
(e) A
				  rental payment received for a closed location does not convey mineral rights to
				  that location. The department will refund a payment received for a closed
				  location if it receives a written request for a refund within 90 days after the
				  date of the payment.
(f) The
				  department may not refund a rental payment except as provided in (d) and (e) of
				  this section.
(g) The department
				  may not make a refund of a cash payment of annual labor.
The mailing address for payment by mail is: State of
						Alaska, Department of Natural Resources, Support Services Division, 550 West
						7th Avenue, Suite 1410, Anchorage, Alaska 99501, Attention: Financial Services.
						The geographic address for payment in person in Anchorage is: Department of
						Natural Resources, Public Information Center, 550 West 7th Avenue, Suite 1260,
						Robert B. Atwood Building, Anchorage, Alaska. The geographic address for
						payment in person in Fairbanks is: Department of Natural Resources, Public
						Information Center, 3700 Airport Way, Fairbanks, Alaska. The internet site
						address for payment by credit card of annual rental billed by the department in
						a rental form is:
						www.dnr.state.ak.us/pic/
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.210
AS
						38.05.211
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.108 - Notices

Current through May 31, 2024
(a) Any decision or deficiency notice given
				  to a locator under the provisions of this chapter will be made in writing and
				  delivered in person or mailed by certified mail, return receipt requested, to
				  the address of the current owner of the location as shown on the records of the
				  division of mining. Other notices and letters from the department will be
				  delivered in person or sent by first class mail or certified mail to the
				  locator's current address of record.
(b) For purposes of this chapter, the
				  department will consider delivery by certified mail to occur when the receipt
				  is signed. If the addressee neglects or refuses to sign for certified mail, the
				  department will consider delivery to occur when the notice is deposited in a
				  United States post office addressed to the person's current address of record
				  with the department.
(c) A locator
				  must inform the department of the locator's most recent, or permanent, mailing
				  address. The department will make changes to a locator's address of record upon
				  receipt of a written request by the locator.
Authority:
AS
						38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.110 - Existing mining claims, federal leases and permits

Current through May 31, 2024
Nothing in 11 AAC 86 and 11 AAC 88 adversely affects the
					 continued validity of any lease, permit, license, location, or contract, or any
					 rights arising thereunder, granted or issued by the United States, or any
					 rights acquired or being exercised pursuant to the mining laws of the United
					 States, before the land was acquired by the State of Alaska.
Authority:
AS
						38.05.020(b)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.121 - Qualifications

Current through May 31, 2024
(a) Exploration and mining rights under
				  AS 38.05.185
				  on state land require that a person be qualified at the time of location and
				  remain qualified under
				  AS
				  38.05.190, except as provided in
				  AS
				  38.05.190(b).
(b) In order to remain qualified,
(1) a corporation, limited liability
				  company, or other entity described in
				  AS
				  38.05.190(a)(5) must hold a
				  certificate that complies with
				  AS
				  38.05.190(g); a corporation
				  that is involuntarily dissolved, or a certificate that is canceled or revoked
				  constitutes the loss of qualification, and may result in a declaration by the
				  department that the mineral interest is void after notification and an
				  opportunity to cure in accordance with
				  AS 38.05.190(b) -
				  (f);
(2) a trust and the designated trustee must comply with
				  requirements of
				  AS
				  38.05.190(a)(6), and the
				  failure to do so may result in a declaration by the department that the mineral
				  interest is void after notification and an opportunity to cure in accordance
				  with
				  AS 38.05.190(b) -
				  (f); and
(3) all members of an association described in
				  AS
				  38.05.190(a)(7) must
				  maintain their individual qualifications, and the failure to do so may result
				  in a declaration by the department that the mineral interest is void after
				  notification and an opportunity to cure in accordance with
				  AS 38.05.190(b) -
				  (f).
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.125 - Failure to comply

Current through May 31, 2024
(a) The failure on the part of a mining
				  lessee or locator to comply strictly with the provisions of this chapter and
				  the applicable statutes does not invalidate the mining lessee's or locator's
				  rights if it appears to the satisfaction of the director that the locator or
				  lessee complied as nearly as possible under the circumstances and that
				  conflicting rights are not asserted by another person. Upon written
				  application, the director may issue a certificate of substantial compliance
				  that sets out the specific failure on the part of the lessee or locator and the
				  relief granted. The certificate does not cure any defect not specifically
				  referred to in the certificate. The certificate becomes effective when recorded
				  in the recording district where the located or leased land is
				  located.
(b) An application for a
				  certificate of substantial compliance must include the name and address of the
				  mining lessee or locator, the name of the location or lease, any serial number
				  assigned by the department to the location or lease, an application fee as set
				  out in 11 AAC 05.120(b)(1)(N), a statement of the specific failure to comply
				  the reasons for the failure, and any other information the director considers
				  necessary to determine the circumstances of the case.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.185
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.135 - Mineral deposits open to location

Current through May 31, 2024
(a) Rights in and
				  to deposits of locatable minerals, except on tide and submerged land as
				  specified in (c) of this section, may be acquired by making a mineral location
				  in conformance with
				  AS
				  38.05.185-38.05.275 and 11 AAC 86, unless
				  the deposits are in or on state land that is closed to location. To constitute
				  a valid location, both discovery and posting of the location notice must occur
				  during a time when the land is open to location.
(b) This section constitutes the
				  commissioner's finding, in accordance with
				  AS
				  38.05.185(a), that selling
				  or leasing of land, or conveying land under
				  AS
				  29.65.010-29.65.140 or
				  AS
				  38.05.810, other than a locatable mineral
				  interest, with the mineral rights reserved to the state, creates potential use
				  conflicts requiring that mining be allowed only under written leases. If the
				  land remains open to location, a location made on that land after the sale,
				  lease, or conveyance is a leasehold location.
(c) Rights in and to deposits of locatable
				  minerals on tide and submerged land may be acquired only under the provisions
				  of AS
				  38.05.250 and
				  11 AAC 86.500 -
				  11 AAC 86.570, except that tide
				  and submerged land may be included in a location under
				  AS
				  38.05.195 if two corners are on or above the
				  line of mean high tide.
(d) If the
				  land upon which a location is made is restricted to mining under lease before
				  the discovery date or the date the location notice was posted, the locator has
				  prior rights only to a leasehold location under
				  AS
				  38.05.205.
(e) Notice will be given under
				  AS
				  38.05.945 before an order closing land to
				  mining or mineral location or restricting it to mining under lease is issued,
				  amended, or revoked.
Authority:
AS
						38.05.020
AS 38.05.185
AS 38.05.205
AS 38.05.275
AS
						38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.140 - Drawing of prior existing locations

Current through May 31, 2024
The requirement under
					 11 AAC 86.210(4),
					 11 AAC 86.215(a)(7),
					 11 AAC 86.410(a) (4), and
					 11 AAC 86.410(b) (6) that a locator show
					 the relationship of location to adjacent and contiguous mining claims,
					 leasehold locations, and prospecting sites held by other parties is for
					 informational purposes only. It is not an admission by the locator of the
					 proper location and maintenance, good standing, or validity of those other
					 claims, locations, or sites.
Authority:
AS
						27.05.010
AS
						38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.145 - Surface use

Current through May 31, 2024
(a) The following provisions apply to land
				  for which the state owns the surface:
(1) A
				  locator does not have exclusive use of the surface of the location. A locator
				  may use the surface of the location only to the extent necessary for the
				  prospecting for, extraction of, or basic processing of mineral deposits. A
				  locator may not restrict public access to or other uses of the surface unless
				  approved in writing by the director. The director may allow the locator to
				  restrict public access or other surface uses of the location only to protect
				  public safety or prevent unreasonable interference with the rights of the
				  locator.
(2) The building, placing,
				  or use of surface structures or other surface improvements, including airstrips
				  and roads, within the boundaries of a mining property must be approved by the
				  director in writing through a plan of operations, land use permit, or other
				  written authorization. The director will only approve surface structures or
				  other surface improvements that are necessary to carry out authorized
				  operations. Factors to be used by the director in approving the surface
				  structures, other surface improvements, or uses include: access to the
				  property, remoteness of location, security of the operations, planned level of
				  operations, existing authorized surface uses, and the current level of
				  activity.
(3) A classification or
				  designation indicating that timber and other forest products of significant
				  value are included within a mining property is prima facie evidence that the
				  land on which the property is located is considered to be "timberlands" for
				  purposes of
				  AS
				  38.05.255. The division of forestry must be
				  contacted before using or clearing timber from timberlands.
(4) The director may require documentary
				  evidence of mining activity to support a request for surface use. Failure to
				  provide documentary evidence when required by the director is grounds for
				  denial of the requested surface use. At the request of a person making a
				  request for surface use, the department will keep confidential the cost data
				  and financial information submitted by the person, but the person must clearly
				  identify the cost data and financial information and separate it from
				  information not qualifying under
				  AS
				  38.05.035(a)(9) for
				  confidential treatment.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.150 - Plan of operations instead of land use permit

Current through May 31, 2024
A person intending to conduct mineral exploration or
					 development activities that would require a land use permit under 11 AAC 96 may
					 file a plan of operations for approval instead of applying for a land use
					 permit. The plan of operations must meet the requirements of
					 11 AAC 86.800.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.850
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.155 - Sale, lease, or other transfer

Current through May 31, 2024
(a) The rights held
				  under a mining location on state land, or any interest in an undivided
				  location, may be sold, leased, or otherwise transferred without the approval of
				  the director. The sale, lease, or other transfer document must be recorded in
				  the district recorder's office for the recording district in which each
				  transferred mining location is located, and the transfer document must include:
(1) for a sale, lease, or transfer that is
				  made on or after 8/26/98, the word "mining" in the title of the
				  document;
(2) the claim name of
				  each location;
(3) the ADL number
				  (if assigned) for each location;
(4) every section, township, range, and
				  meridian in which each transferred mining location is located;
(5) the current mailing address of each party
				  to the transfer; the department will change the owner of record for a mining
				  location on its records if a transfer document containing the information above
				  is recorded.
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 86.200 - Discovery required

Current through May 31, 2024
No mining claim or leasehold location is complete until
					 after the discovery, as defined in
					 11 AAC 86.105, of locatable
					 minerals within the limits of the location.
Authority:
AS
						38.05.020
AS
						38.05.195
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 86.202 - MTRSC and traditional mining claims and leasehold locations

Current through May 31, 2024
(a) An MTRSC is a
				  claim located as provided in
				  AS
				  38.05.195(b)(1) and this
				  chapter. An MTRS leasehold location is a leasehold location located as provided
				  in
				  AS
				  38.05.195(b)(1),
				  AS
				  38.05.205, and this chapter.
(b) A traditional mining claim is a claim
				  located as provided in
				  AS
				  38.05.195(b)(2) and this
				  chapter, and means the same as a non-MTRSC location, as that term is used in
				  AS
				  38.05.195(b)(2). A
				  traditional leasehold location is a leasehold location located as provided in
				  AS
				  38.05.195(b)(2),
				  AS
				  38.05.205, and this chapter.
(c) A traditional location is a traditional
				  mining claim or a traditional leasehold location.
Authority:
AS
						27.05.010
AS
						38.05.020
AS
						38.05.195
AS
						38.05.205
AS
						38.05.211
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 86.205 - Marking locations

Current through May 31, 2024
The locator of a mining claim or leasehold location shall
					 designate the location by erecting at each corner of the location substantial
					 monuments of stone or setting posts, not less than three feet in height, not
					 less than two and one-half inches in diameter, and hewn and marked with the
					 name of the location and the number of the monument, beginning with number 1 at
					 the northeast corner and proceeding in a clockwise direction around the
					 location. Where it is impracticable to place a monument in its true position, a
					 witness monument must be erected and marked so as to indicate the true position
					 of the corner. Where locations under common ownership have common corners, a
					 common corner monument may be used.
Authority:
AS
						38.05.020
AS 38.05.195
AS
						38.05.205
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 86.210 - Attaching location notice

Current through May 31, 2024
The locator of a mining claim or leasehold location shall
					 personally, or through an agent, attach or post a notice on the monument at the
					 northeast corner of the location. The notice may be in any form, including as a
					 metal tag. The notice must include
(1)
				  the name or number of the mining claim or leasehold location;
(2) the date of posting the notice of
				  location;
(3) if the mining claim
				  or leasehold location is
(A) a traditional
				  location, the length and width of the mining claim or leasehold location in
				  feet; or
(B) an MTRSC location, the
				  meridian, township, range, section, and quarter- or quarter-quarter-section of
				  the mining claim or leasehold location;
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 86.215 - Certificate of location and first rental payment

Current through May 31, 2024
(a) Within 45 days
				  after the date of posting of the notice of location, a locator shall record a
				  certificate of location in conformance with
				  AS
				  38.05.195. The certificate of location must
				  be recorded in the recording district in which the location is situated, on a
				  form approved by the department or on a substantially similar form meeting the
				  recording requirements of
				  11 AAC 06.040, and must include
(1) the name or number of the
				  location;
(2) the dates, including
				  for each date the month, day, and year, of both the locator's discovery and
				  posting of the notice of location;
(3) for a traditional location, the length
				  and width of the location in feet, and each meridian, township, range, section,
				  quarter-section, and quarter-quarter section in which the location is
				  situated;
(4) for an MTRSC
				  location, the meridian, township, range, section, quarter-section, and if
				  applicable the quarter-quarter-section of the location;
(5) the name and current mailing address of
				  each locator, the signature of each locator or of the locator's agent, and, if
				  the location is made on behalf of a trust, the name and mailing address of at
				  least one trustee who is a person described in
				  AS 38.05.190(a)(1) -
				  (5);
(6) the name of the recording district in
				  which the location is situated; and
(7) a map at an indicated scale of 1:63,360
				  (one inch = one mile) or a more detailed scale that shows the boundaries of the
				  claim or leasehold location, the dominant physical features of the land, the
				  surveyed section line or, if unavailable, the protracted section lines
				  surrounding the location, and, to the best of the locator's knowledge, the
				  relationship of the location to adjacent or contiguous mining claims, leasehold
				  locations, mining leases, prospecting sites, mineral orders, and non-state
				  land; if the locator is simultaneously recording contiguous locations, a single
				  map showing all locations may be attached to one of the certificates of
				  location and that certificate must be cross-referenced on each other
				  certificate of location to which the map applies.
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 86.223 - Abandonment, relinquishment, and relocation

Current through May 31, 2024
(a) For purposes of
				  AS
				  38.05.265 and this section, a "successor in
				  interest" to a locator or claimant means
(1)
				  the spouse, child, sibling, or parent of the locator or claimant;
(2) any person or association described in
				  AS
				  38.05.190(a) that owned a
				  possessory interest in the locator's or claimant's location; or
(3) an entity that is described in
				  AS 38.05.190(a)(5) or
				  (6) that owned a possessory interest in the
				  locator's or claimant's location, but only if a majority of the ownership of
				  the entity is held by a person or association described in (1) or (2) of this
				  subsection.
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 86.225 - Service of notice on co-owners

Current through May 31, 2024
The service of written personal notice authorized by
					 AS
					 38.05.215 shall be made by certified mail
					 only.
Authority:
AS
						38.05.020
AS
						38.05.215
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 86.230 - Recordation of sale, lease, or other transfer (Repealed)

Current through May 31, 2024
Former
						11 AAC 86.230 has been replaced by
						11 AAC 86.155.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 3 - Converted MTRSC Locations › 11 AAC 86.250 - General principles for conversion of a traditional location to a converted MTRSC location

Current through May 31, 2024
One or more traditional mining claims or leasehold
					 locations may be amended at any time to establish one or more converted MTRSC
					 locations. The following rules apply to a conversion:
(1) all or part of a traditional location may
				  be included in the converted MTRSC location; each converted MTRSC location must
				  be supported by a discovery somewhere within its boundaries;
(2) if only part of a traditional location is
				  included in the converted MTRSC location, the remaining part may be either
				  relinquished or relocated as an amended location;
(3) a converted MTRSC location does not
				  establish locatable mineral rights to an area outside the traditional location
				  if that area is not open to location;
(4) conversion of a traditional location to a
				  converted MTRSC location is not complete unless the annual rental due on the
				  traditional location for the year in which the conversion occurs is timely paid
				  in full; the failure to timely pay the required rental on the traditional
				  location results in abandonment of both the converted MTRSC location and
				  traditional locations under
				  AS
				  38.05.265.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.195
AS 38.05.210
AS 38.05.211
AS
						38.05.265
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 3 - Converted MTRSC Locations › 11 AAC 86.255 - Certificate of location for a converted MTRSC location

Current through May 31, 2024
In addition to marking the location as required by
					 11 AAC 86.205 and attaching a
					 notice of location as required by
					 11 AAC 86.210, a locator
					 establishing a converted MTRSC location must record a certificate of location
					 within 45 days after posting the converted MTRSC location. The certificate of
					 location must be recorded in the recording district in which the converted
					 MTRSC location is situated, on a current form approved by the department for
					 conversions or on a substantially similar form meeting the recording
					 requirements of
					 11 AAC 06.040, and must
					 include
(1) the location name or
				  number of the converted MTRSC location, and the meridian, township, range,
				  section, and quarter- or quarter-quarter-section of the location;
(2) for each traditional location being
				  converted to the MTRSC location, the ADL number, if assigned, location name,
				  discovery date, posting date, and
(A) original
				  book and page of recording; or
(B)
				  recording office serial number;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 3 - Converted MTRSC Locations › 11 AAC 86.260 - Rental age of a converted location

Current through May 31, 2024
For purposes of establishing the annual rental owed under
					 11 AAC 86.221, the rental age of a
					 converted MTRSC location is the number of years since the first posting of the
					 traditional location from which the MTRSC location was converted. If more than
					 one existing traditional location is used to establish a converted MTRSC
					 location, the rental age of the converted location is the average of the rental
					 ages of the existing traditional locations, then rounded to the nearest whole
					 year. For purposes of calculating that average,
(1) if a converted quarter-section MTRSC
				  location includes fewer than four existing traditional locations, the
				  department will count each existing location's rental age as only 25 percent of
				  the average; additional imaginary locations, each assumed to be one year old
				  and each counting as 25 percent, will be added to the average to reach 100
				  percent; the average age will then be rounded to the nearest whole year;
				  and
(2) the rental age of a
				  relinquished location, as determined by that location's posting date, will be
				  included in calculating a converted MTRSC location's rental age if the
				  converted MTRSC location
(A) includes any part
				  of the relinquished location;
(B)
				  is established less than a year after the relinquishment; and
(C) is established by the locator of the
				  relinquished location or by that locator's successor in interest under
				  11 AAC 86.223.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 3 - Converted MTRSC Locations › 11 AAC 86.265 - Credit or deficiency in payment of rental on a converted location

Current through May 31, 2024
(a)
				  The annual rental paid in the year of conversion on an existing location
				  included in whole or in part in a converted MTRSC location will be credited as
				  a timely payment to the first-year rental owed on the converted MTRSC location.
				  If parts of the existing location are included in more than one converted MTRSC
				  location, the department will allocate the rental payment equally to the
				  first-year rental owed on each converted MTRSC location. If a deficiency
				  exists, the department will mail a deficiency notice to the locator as provided
				  in 11 AAC 86.221(e)
				  to permit payment of the balance owed. If an excess exists, it will be credited
				  to rent owed for the converted MTRSC location in the second and subsequent
				  rental years until exhausted. If a deficiency is not cured in accordance with
				  notice from the department, the
(1) converted
				  location will be considered abandoned under
				  AS
				  38.05.265; and
(2) department will consider the traditional
				  location from which the abandoned location was converted to continue in force
				  and be subject to this chapter as if the conversion had not occurred.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 3 - Converted MTRSC Locations › 11 AAC 86.270 - Labor obligation on a converted location

Current through May 31, 2024
The labor obligation required to be met in the year that an
					 existing location is included in a converted MTRSC location must still be
					 satisfied and is subject to
					 AS
					 38.05.265 as if a conversion had not
					 occurred.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.195
AS 38.05.210
AS 38.05.211
AS
						38.05.265
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 3 - Converted MTRSC Locations › 11 AAC 86.290 - Definitions

Current through May 31, 2024
In
					 11 AAC 86.250 -
					 11 AAC 86.290, unless the context
					 requires otherwise,
(1) "conversion"
				  means the amendment of one or more traditional mining claims or traditional
				  leasehold locations to establish an MTRSC location;
(2) "converted MTRSC location" means an MTRSC
				  location established by means of a conversion.
Other definitions applicable to
						11 AAC 86.250 -
						11 AAC 86.290 appear in
						11 AAC 88.185.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.195
AS 38.05.210
AS 38.05.211
AS
						38.05.265
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 4 - Upland Mining Leases › 11 AAC 86.300 - Preference right by leasehold location

Current through May 31, 2024
The preference right to a lease that is acquired by
					 establishing and maintaining a leasehold location remains in existence until a
					 lease is issued, the leasehold location is adjudicated and found invalid, or
					 the leasehold location is abandoned.
Authority:
AS
						38.05.020
AS
						38.05.205
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 4 - Upland Mining Leases › 11 AAC 86.305 - Applications for lease

Current through May 31, 2024
(a) When the division receives a copy of a
				  certificate of location for a location on state land that is restricted to
				  mining under lease, the division will notify the locator of the leasing
				  requirement.
(b) The division will
				  publish the notice required by
				  AS
				  38.05.205(a) and
				  subsequently mail a lease application form to the locator only when
(1) the division learns that the locator is
				  ready to begin production or, if authorized by sec. 5, ch. 108, SLA 1981, as
				  amended by sec. 1, ch. 90, SLA 1985, the locator is already
				  producing;
(2) the locator requests
				  a lease application form; or
(3)
				  the locator of a mining claim requests a lease application form.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 4 - Upland Mining Leases › 11 AAC 86.309 - Showing of discovery

Current through May 31, 2024
(a) The director will, in his or her
				  discretion, at any time, require a showing of discovery for each mining claim
				  or leasehold location included within a leasehold or listed in a lease
				  application.
(b) The showing of
				  discovery required of a lessee must relate to the discovery originally sworn to
				  in the application for a lease. However, the showing may be supported with
				  subsequently acquired data.
(c) The
				  statement of discovery sworn to in a lease application is not confidential, but
				  any supplemental geological, geophysical, or engineering data supplied in
				  support of a showing of discovery will, upon the lessee's request, be kept
				  confidential by the state and by any agents or experts consulted or retained by
				  the state to assist in the determination of the existence of a
				  discovery.
(d) A mining claim or
				  leasehold location determined by the director to lack a discovery is void and
				  will be excluded or removed from the leasehold or the lease
				  application.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.205
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 4 - Upland Mining Leases › 11 AAC 86.311 - Survey of exterior boundary

Current through May 31, 2024
(a) Unless
				  otherwise specified by the director, within 10 years after the effective date
				  of the lease, the exterior boundary of the leasehold must be surveyed in
				  accordance with 11 AAC 53 and instructions issued by the department.
(b) Repealed 1/19/2002.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.205
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 4 - Upland Mining Leases › 11 AAC 86.312 - Lease duration

Current through May 31, 2024
A lease will be issued for a term of 20 years, subject to
					 renewal as provided in
					 AS
					 38.05.205(c). However, the
					 director will, in his or her discretion, set a different term if justified on
					 the basis of the expected mine life.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.205
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 4 - Upland Mining Leases › 11 AAC 86.314 - Annual labor

Current through May 31, 2024
The annual labor requirements set out in
					 AS
					 38.05.210 and
					 11 AAC 86.220 apply to a lease. If a lease includes multiple
					 MTRSC locations, or a combination of traditional locations and MTRSC locations,
					 the annual labor rate will be computed by the acreage method under
					 AS
					 38.05.210(a)(3).
Authority:
AS
						27.05.010
AS
						38.05.020
AS
						38.05.035
AS
						38.05.210
AS
						38.05.265
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 4 - Upland Mining Leases › 11 AAC 86.321 - Surrender

Current through May 31, 2024
Unless otherwise specified by the director,
					 11 AAC 82.635 applies to the
					 surrender or relinquishment of an upland mining lease.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.205
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 5 - Prospecting Sites › 11 AAC 86.400 - Purpose and rights acquired

Current through May 31, 2024
(a) A prospecting
				  site may be located at the option of the prospector and nothing in this chapter
				  requires that a prospecting site location must be made before any prospecting
				  work may be done on state land.
(b)
				  The holder of a prospecting site on state land has the exclusive right, subject
				  to any prior rights, to use the surface within the boundaries of the location
				  for performing work acceptable as prospecting work under
				  11 AAC 86.425 and also has the
				  exclusive right to stake mining claims or leasehold locations within the
				  boundaries of the prospecting site. The exclusive right begins when the corners
				  and boundaries are marked and the location notice posted as required in
				  11 AAC 86.405 and
				  11 AAC 86.410 and terminates as
				  provided in
				  11 AAC 86.420.
Authority:
AS
						38.05.020
AS
						38.05.245
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 5 - Prospecting Sites › 11 AAC 86.405 - Boundaries and corners

Current through May 31, 2024
Boundaries and corners of a prospecting site must be marked
					 in accordance with
					 11 AAC 86.205.
Authority:
AS
						38.05.020
AS
						38.05.245
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 5 - Prospecting Sites › 11 AAC 86.410 - Prospecting site location notice and certificate of location

Current through May 31, 2024
(a) On a monument
				  at the northeast corner of the prospecting site location, the locator shall
				  attach or post a notice. The notice may be in any form, including as a metal
				  tag. The notice must include
(1) the name or
				  number of the prospecting site location;
(2) the date of posting the notice of
				  location;
(3) the meridian,
				  township, range, section, and quarter-section of the prospecting site
				  location;
(4) a sketch depicting,
				  to the best of the locator's knowledge, the relationship of the prospecting
				  site to adjacent and contiguous prospecting sites, mining claims, and leasehold
				  locations;
(5) the name and current
				  mailing address of each locator; and
(6) the recording district in which the
				  prospecting site is located.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 5 - Prospecting Sites › 11 AAC 86.422 - Term and rental

Current through May 31, 2024
(a) The provisions of
				  AS
				  38.05.245(c) set the term of
				  a prospecting site located on or after August 20, 2000. Expenditures for
				  prospecting work on a prospecting site location may not be credited toward
				  expenditures for annual labor for a mining claim or leasehold
				  location.
(b) The rental required
				  for a prospecting site is $305 and must be paid in accordance with
				  11 AAC 86.107. The rental for a
				  prospecting site located on state land is due within the time provided by
				  AS
				  38.05.245(c). The rental for
				  a prospecting site located on state-selected land is due on the date the
				  federal government conveys all or a portion of the land within the location to
				  the state, and must be paid within 90 days after that date. Before the date of
				  conveyance, a locator of a prospecting site on state-selected land may submit a
				  $305 payment with the certificate of location, as provided in
				  11 AAC 86.107. The payment will be
				  considered a non-refundable deposit credited to the required rental payment if
				  the selection is conveyed to the state.
Authority:
AS
						38.05.020
AS
						38.05.245
AS
						38.05.265
AS
						38.05.211
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 5 - Prospecting Sites › 11 AAC 86.425 - Prospecting work

Current through May 31, 2024
(a) During each year of the term of a
				  prospecting site, acceptable work amounting to at least $5 per acre for the
				  area enclosed within the prospecting site location must be performed.
(b) The only prospecting work acceptable for
				  holding prospecting sites is
(1) drilling or
				  excavating; or
(2) geological,
				  geophysical, or geochemical work by persons qualified to do the work.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 5 - Prospecting Sites › 11 AAC 86.430 - Prospecting sites located before August 20, 2000

Current through May 31, 2024
(a) A prospecting
				  site located before August 20, 2000 may be extended once for a period of one
				  year beyond the original expiration date by recording a notice of extension, in
				  the recording district where the prospecting site is located, during the 90-day
				  period before the prospecting site expires.
(b) The notice of extension for a prospecting
				  site located before August 20, 2000 must meet the recording requirements of
				  11 AAC 06.040 and must
(1) contain the name and current mailing
				  address of the locator;
(2) contain
				  the name and ADL number of the prospecting site being extended, and the
(A) book and page number of the site's
				  original recorded certificate of location; or
(B) serial number of the site's original
				  recorded certificate of location;
(3) state why an extension is
				  needed;
(4) be signed by the
				  locator or the locator's agent; and
(5) indicate each meridian, township, range,
				  section, and quarter-section in which the prospecting site is situated and the
				  recording district in which the site is located.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 5 - Prospecting Sites › 11 AAC 86.435 - Staking claims on expired sites

Current through May 31, 2024
The expiration of a prospecting site does not prevent the
					 locator from staking a mining claim or leasehold location in the area formerly
					 covered by the prospecting site location.
Authority:
AS
						38.05.020
AS
						38.05.245