Alaska Administrative Code

If an interest in a mining operation is transferred from one miner to another by sale, assignment, lease, or otherwise before completion of reclamation and approval by the commissioner, the plan must be amended as provided in 11 AAC 97.330 to reflect the transfer. The commissione…

A miner who is not exempt under AS 27.19.050(a) shall either (1) participate in the statewide bonding pool under 11 AAC 97.425; (2) post a performance bond with the commissioner to ensure complete compliance with AS 27.19, this chapter, and the approved reclamation plan, consisti…

A corporate surety bond must (1) be executed by a corporate surety approved and authorized to do business in this state; (2) be submitted on a form prescribed by the commissioner; and (3) remain in effect until the reclamation of all land covered by the bond is completed to the s…

(a) A personal bond must be submitted on a form prescribed by the commissioner and must be accompanied by (1) an irrevocable letter of credit issued by a bank or other financial institution authorized to do business in the United States; (2) a certificate of deposit in the amount…

(a) Acreage that must be bonded before a mining operation begins in any calendar year is limited to any area to be mined during that calendar year, plus any mined area (as that term is defined in 11 AAC 97.990) mined in a previous year for which reclamation must be completed unde…

(a) The amount of the performance bond required by 11 AAC 97.400 is $750 per acre, or the reduced per-acre amount determined by the commissioner under (b) of this section, multiplied by the acreage total determined under 11 AAC 97.415. (b) If a miner shows to the commissioner's s…

(a) A statewide bonding pool has been established by the department for mining operations subject to AS 27.19. Instead of posting an individual performance bond, a miner may participate in the bonding pool. (b) To participate in the bonding pool each year, the miner shall pay int…

The posting of a performance bond, or participation in the bonding pool, does not limit the department's right to seek further compensation for a violation of AS 27.19, this chapter, or the approved reclamation plan. The miner is liable for the full costs of reclamation to the st…

(a) An application for release or decrease of the amount of a performance bond, or for refund of a deposit paid into the bonding pool, must include a sworn statement, executed under penalty of perjury, verifying that the miner has examined the requirements of his or her approved …

(a) No miner or surety is entitled to receive interest on any sum deposited into the bonding pool. (b) The bonding pool, including any accrued interest, may be used by the department only to pay the reclamation costs that have not been paid by the miner or the miner's surety desp…

If a miner assigns his or her interest in any uncompleted mining operation, and the commissioner has amended the reclamation plan to reflect the transfer and released the assignor in accordance with 11 AAC 97.350, the commissioner will transfer the assignor's bonding pool deposit…

No bond is required under AS 27.19.040 and 11 AAC 97.400 if the miner is an agency of the State of Alaska or federal government or is a municipality. Notes 11 AAC 97.450 Eff. 7/30/92, Register 123 Authority: Sec. 2, ch. 92, SLA 1990 AS 27.19.040 State regulations are updated quar…

(a) The letter of intent required by AS 27.19.050(b) must be filed annually on a form provided by the department before the mining begins. The following information must be provided:(1) the name, address, and telephone number of the miner or other person who will serve as agent t…

(a) The annual reclamation statement required by AS 27.19.050(c) must be filed on a form provided by the department and must include photographs or videotapes dated and described as to location, or other information acceptable to the commissioner, documenting that the reclamation…

A miner who fails to file an annual reclamation statement in accordance with 11 AAC 97.510 may not continue or resume that mining operation without an approved reclamation plan and a bond. The miner may restore the exemption by fully complying with 11 AAC 97.510(a) and (c). Until…

The penalties stated in AS 27.19.050(d) apply if a miner who obtained an exemption under AS 27.19.050(a) exceeds the acreage or cubic yardage limits of that subsection, or if the commissioner determines that the miner has failed to reclaim the mining operation to the standards of…

AS 27.19.040(c) applies to a participant in the statewide bonding pool in the same way as to a miner who has filed an individual performance bond. Under the circumstances set out in AS 27.19.040(c), a statewide bonding pool participant's bonding pool deposit will become nonrefund…

If, after the commissioner issues a written order to a miner, the miner fails to correct a violation of AS 27.19 or this chapter within the period set by the commissioner, the commissioner will, in his or her discretion, serve an accusation in accordance with AS 44.62.360, and 44…

(a) The reclamation risk assessment fee required by AS 27.19.070(c) applies to a miner who has had any portion of his or her bonding pool deposit become nonrefundable, in the same way as it applies to a miner who has forfeited a reclamation bond or has been held liable in a civil…

(a) Upon a written finding that the state's best interest will be served, the commissioner will, in his or her discretion, enter into a cooperative management agreement with a federal or state agency under AS 27.19.060, or with a municipality under art. X, sec. 13 of the Alaska C…

In order to provide an accurate reference for the location of the reclaimed area, a miner must maintain or reestablish all location corners or property boundaries described in the reclamation plan until the commissioner inspects the site or reviews it for reclamation approval or …

(a) If more than one miner is involved in a mining operation, the commissioner will consider the miner or other person identified as the agent in the letter of intent or reclamation plan to be the miners' agent for purposes of any notice under this chapter until the department is…

In this chapter: (1) "commissioner" means the commissioner of natural resources; (2) "mined area" has the same meaning as in AS 27.19.100(2); however, that definition applies only if the mining occurred after October 14, 1991; (3) "miner" has the same meaning as in AS 27.19.100(3…

(a) The executive director shall exercise the authority of that office consistently with this chapter and other provisions of law as implemented by this chapter. To implement the management goals and priorities contained in the contract required by AS 37.14.009(a)(2), between the…

(a) This section describes the management responsibilities that are consistent with trust principles accepted by the Territory and State of Alaska under the Alaska Mental Health Enabling Act ( P.L. 84-830, 70 Stat. 709 (1956)). (b) Trust land shall be managed consistently with tr…

(a) The executive director may accept and adjudicate, or reject, an application for any action on trust land at any time. The acceptance of an application or expression of interest vests no rights in an applicant or a third party. (b) Trust land shall be valued, before disposal, …

(a) The executive director shall prepare a written decision, on a case-by-case basis, before disposing of trust land and before taking any other action that requires a determination that a relevant provision of law applying to other state land will not be applied to trust land be…

(a) Notice of an action requiring a written decision under 11 AAC 99.040, and notice under 11 AAC 99.090, shall be published in a newspaper or other publication of general circulation at least 30 days before the action. In addition, at least 30 days before the action, notice shal…

(a) A decision by the executive director is a final agency action. Judicial review may be sought under AS 44.62.560. (b) Before an appeal under AS 44.62.560 or other applicable law may be taken, a person who, under AS 38.05.035(i), is eligible to file for reconsideration must do …

The transfer of an interest in trust land, including an assignment under AS 38.05.920, is not effective unless approved by the executive director on a form designated by the executive director. A transfer may not be approved unless it is consistent with 11 AAC 99.020. The executi…

The executive director, after consultation with the trust authority, may close trust land to any use inconsistent with 11 AAC 99.020. Notes 11 AAC 99.080 Eff. 3/31/97, Register 141 Authority:AS 37.14.009 AS 38.05.020 AS 38.05.801 State regulations are updated quarterly; we curren…

(a) Alaska mental health trust land is designated and classified as trust land, to be managed consistently with AS 37.14.009, AS 38.05.801, and this chapter, with no further action required by the executive director or the department. Trust land may be used for any purpose that i…

(a) Rights to locatable minerals on trust land are available only as provided in this section. To the extent that a statute or regulation applicable to other state land, including AS 38.05.185, 38.05.195, 38.05.205, and 38.05.245, contains a requirement that provides for or permi…

A trust beneficiary, or an organization acting on behalf of a trust beneficiary wanting to use trust land to directly benefit persons as part of, or to fulfill, the trust authority's purpose to ensure a plan for an integrated, comprehensive mental health program prepared under AS…

(a) Every provision of law that provides for the confidentiality or inspection of public records that applies to the management of state land also applies to the management of trust land, unless its application is determined by the executive director in writing, on a case-by-case…

(a) Except as otherwise provided in this chapter, fees for services, documents, or actions to be performed or provided relating to trust land, other than consideration for real property interests, resources, or authorizations, will be based on an estimate of the administrative co…

(a) The management of trust land is subject to the police power authority of the state and its political subdivisions to the same extent as private land, including compliance with AS 41.17. (b) Land designated as trust land by sec. 40(a)(1) and (2), ch. 5, FSSLA 1994, as amended …

In this chapter, in AS 38.05.801, and elsewhere in the statutes and regulations as applied to trust land, and unless otherwise specified, (1) "Alaska mental health trust" and "trust" mean the Alaska mental health trust established under AS 37.14.001-37.14.099, and administered un…

(a) The department will collect fees for licensing and for license renewal for the boards and professions listed in AS 08.01.010. (b) Except as provided in (f) of this section, the department will not issue or renew a license unless the applicable fees established in AS 08 or thi…

(a) Except as provided in (b) of this section, after a license is initially issued or renewed, the department will not refund the initial license fee or the license renewal fee. (b) On request, the department will issue a prorated refund of a license fee paid for a licensing peri…

The department will prorate the first license renewal fees following initial licensure, in accordance with 12 AAC 02.030. All renewal fees, including penalty and delinquent fees must be paid by the licensee applying for renewal of a license, except as provided in 12 AAC 02.030(a)…

(a) When the department issues an initial biennial license (1) on or within the 90 days before the date by which it must be renewed, the applicant shall pay the entire license fee but is not required to pay the prescribed renewal fee until the second renewal date; (2) more than 9…

The fees established in this chapter have been adopted by the department after considering any recommendations of the applicable board or commission listed in AS 08.01.010. Notes 12 AAC 02.100 Eff. 3/6/86, Register 97; am 5/28/93, Register 126 Authority:AS 08.01.065 State regulat…

(a) When the division issues a temporary license under AS 25.27.244, the division will collect the annual or biennial license fee for the trade or profession for which the temporary license is issued, subject to the refund and waiver provisions set out in this section. The tempor…

Except as otherwise provided in this chapter for a particular board or occupation, the following fees apply to all boards and professions listed in AS 08.01.010: (1) repealed 9/12/2024; (2) fee for verification or certification of an Alaska license, registration, or examination, …

The following fees are established for registration under AS 44.33.381 (telemedicine business registry) for businesses performing telemedicine services in this state; (1) initial registration fee, $50; (2) fee to report changes in the information on the initial registration, $50.…

The following fees are established for registration as required under AS 17.30.200 with the prescription drug monitoring program (PDMP) controlled substance prescription database by a pharmacist who dispenses, or a practitioner who prescribes, administers or directly dispenses a …

The following fees are established for acupuncturists: (1) application fee for initial license, $200; (2) license fee for all or part of the initial biennial license period, $225; (3) biennial license renewal fee, $225. Notes 12 AAC 02.108 Eff. 5/20/92, Register 122; am 5/28/93, …

(a) The following fees are established for architects, engineers, land surveyors, and landscape architects: (1) application fee for initial registration and corporate, limited liability company, or limited liability partnership certification, $200; (2) repealed 10/29/2017; (3) re…

The following fees are established for audiologists, hearing aid dealers, speech-language pathologists, and speech-language pathologist assistants: (1) application fee for initial license or registration, $200; (2) temporary license fee for audiologists or speech-language patholo…