Alaska Administrative Code

Notes 11 AAC 86.120 Repealed 5/18/90. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(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 com…

(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 co…

Notes 11 AAC 86.130 Repealed 12/31/82. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to comp…

(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 c…

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 informati…

(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 pr…

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 86.80…

(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 …

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. Notes 11 AAC 86.200 Eff. 9/5/74, Register 51; am 1/19/2002, Register 161 Authority:AS 38.05.020 AS 38.05.195 State re…

(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…

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 …

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 t…

(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 …

(a) Except as provided in 11 AAC 86.115, the first labor year begins at noon on the first September 1 following the date a location notice is posted under 11 AAC 86.210. Each subsequent annual labor year begins at noon on September 1. A location that is located on September 1 wil…

(a) A rental payment for a mining claim or leasehold location must be made in accordance with 11 AAC 86.107. The first rental payment for a new location must be made in accordance with 11 AAC 86.215(f). Each subsequent payment must be accompanied by a rental form provided by the …

(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 loca…

The service of written personal notice authorized by AS 38.05.215 shall be made by certified mail only. Notes 11 AAC 86.225 Eff. 9/5/74, Register 51 Authority:AS 38.05.020 AS 38.05.215 State regulations are updated quarterly; we currently have two versions available. Below is a c…

Notes 11 AAC 86.230 Repealed 5/30/85. Former 11 AAC 86.230 has been replaced by 11 AAC 86.155. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison…

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 c…

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…

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 loca…

(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 includ…

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. Notes 11 AAC 86.270 Eff. 1/19/2002, Register 161 Authority:AS 38.05.…

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 establi…

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. Notes 11 AAC 86.300 Eff. 9/5/74, Re…

(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 subs…

Notes 11 AAC 86.308 Repealed 5/18/90. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(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 or…

Notes 11 AAC 86.310 Repealed 5/30/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(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. Notes 11 AAC 86.311 Eff. …

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. Notes 11 AAC 86.312 Eff. 5/30/85, Register 94 Authorit…

(a) The provisions of this section apply to rental payments for mining leases other than for leases under AS 38.05.250. (b) A rental payment for a mining lease must be made in accordance with 11 AAC 86.107 and must be accompanied by a rental form provided by the department, a pho…

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…

Notes 11 AAC 86.315 Repealed 5/30/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 86.320 Repealed 5/30/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Unless otherwise specified by the director, 11 AAC 82.635 applies to the surrender or relinquishment of an upland mining lease. Notes 11 AAC 86.321 Eff. 5/30/85, Register 94 Authority:AS 38.05.020 AS 38.05.035 AS 38.05.205 State regulations are updated quarterly; we currently hav…

Notes 11 AAC 86.325 Repealed 5/30/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 86.350 In effect 7/20/99 - 11/16/99, Register 151 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we ha…

(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 rig…

Boundaries and corners of a prospecting site must be marked in accordance with 11 AAC 86.205. Notes 11 AAC 86.405 Eff. 9/5/74, Register 51; am 5/30/85, Register 94 Authority:AS 38.05.020 AS 38.05.245 State regulations are updated quarterly; we currently have two versions availabl…

(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 …

Notes 11 AAC 86.415 Repealed 5/30/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 86.420 Repealed 5/30/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(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) Th…

(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 excavat…

(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 prospec…

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. Notes 11 AAC 86.435 Eff. 9/5/74, Register 51; am 5/18/90, Register 114 Authority:AS 38.05.020 AS 38.0…

(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 su…

The effective date of a permit or lease is as provided by 11 AAC 82.675. Notes 11 AAC 86.505 Eff. 9/5/74, Register 51 Authority:AS 38.05.020 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version an…