Title 27 — Mining
13 chapters · 140 sections in this title.
AS 27.21.260 Areas unsuitable for surface coal mining.
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Article 3. Abandoned Mines. (a) The commissioner shall use competent and scientifically sound data and information in order to make objective decisions as to which areas of land are unsuitable for all or certain types of surface coal operations. The decisions shall (1) reflect th…
AS 27.21.270 Abandoned Mine Reclamation Fund.
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[Repealed or reserved.]
AS 27.21.280 Eligible land and water.
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Land and water eligible for reclamation or drainage abatement expenditures under this chapter are those that were mined for coal or were affected by such mining, wastebanks, coal processing, or other coal mining processes, and abandoned or left in an inadequate reclamation status…
AS 27.21.290 Entry onto abandoned mine area.
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(a) The commissioner may enter real property that has been adversely affected by past surface coal mining practices and other real property necessary for access to adversely affected real property to restore or reclaim the real property or to abate, control, or prevent the advers…
AS 27.21.300 Acquisition of abandoned mine areas.
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(a) The commissioner may, by purchase, donation, or condemnation in accordance with AS 09.55.240 — 09.55.460, acquire real property that has been adversely affected by past surface coal mining practices if the commissioner determines that (1) acquisition of the real property is n…
AS 27.21.310 Liens on abandoned mine areas.
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(a) Within six months after the completion of a project under AS 27.21.290 to restore or reclaim privately owned real property or to abate, control, or prevent the adverse effects of past surface coal mining practice on privately owned real property, the commissioner shall itemiz…
AS 27.21.320 Filling voids and sealing tunnels.
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The commissioner may authorize the filling of voids, sealing open and abandoned tunnels, shafts, and entryways resulting from any previous mining operation and reclaim surface impacts of underground and surface mines to the extent authorized by the Secretary of the United States …
AS 27.21.330 Emergency powers in abandoned mine areas.
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(a) In emergency situations the commissioner may use money available to the state in the Abandoned Mine Reclamation Fund for the purposes of AS 27.21.290(a) if the commissioner finds that (1) an emergency exists that constitutes a danger to the public health, safety, or general w…
AS 27.21.340 Miscellaneous powers regarding abandoned mine lands.
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Article 4. General Provisions. (a) The commissioner may request the attorney general to initiate, in addition to any other remedies provided for in this chapter, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to condu…
AS 27.21.900 Mining by government agencies.
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A federal, state, or municipal government agency, including a publicly owned utility or corporation, that proposes to engage in a surface coal mining operation that is subject to this chapter must comply with this chapter.
AS 27.21.910 Exemptions.
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The provisions of this chapter do not apply to the extraction of coal (1) by a landowner or lessee for the landowner's or lessee's own noncommercial use from land owned or leased by it; (2) for commercial purposes if the surface coal mining operation affects two acres or less; or…
AS 27.21.920 Experimental practices.
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In order to encourage advances in mining and reclamation practices, and to allow post-mining land use for industrial, commercial, residential, recreational, or public purposes, the commissioner may, with the approval of the Secretary of the United States Department of the Interio…
AS 27.21.930 Water rights and replacement.
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(a) Nothing in this chapter may be construed to affect the right of a person to protect the person's interest in water resources affected by a surface coal mining operation. (b) An operator shall replace the water supply of an owner of an interest in real property who obtains all…
AS 27.21.940 Certification of blasters.
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The commissioner shall adopt regulations requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use of explosives in surface coal mining operations.
AS 27.21.950 Civil actions.
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(a) Except as provided in (b) of this section, a person who is or may be adversely affected by a failure to comply with this chapter may commence a civil action in the superior court on the person's own behalf and compel compliance with this chapter against (1) the commissioner, …
AS 27.21.960 Inconsistencies with federal act.
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(a) A provision of this chapter that is inconsistent with the provisions of the Surface Mining Control and Reclamation Act of 1977 as determined by the Secretary of the United States Department of the Interior under 30 U.S.C. 1255(b) is invalid from the date of the secretary's de…
AS 27.21.970 Relationship to other laws.
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(a) Nothing in this chapter abrogates or modifies the power of a state agency to enforce laws and regulations within its jurisdiction, except as specifically stated in this chapter and regulations adopted under it. The commissioner shall coordinate permitting procedures to preven…
AS 27.21.975 Severability.
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If any provision of this chapter or the applicability of it to any person or circumstances is held invalid, the remainder of this chapter and the application of that provision to other persons or circumstances is not affected.
AS 27.21.980 Administrative Procedure Act.
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Unless otherwise provided in AS 44.37.011 or other law, AS 44.62 (Administrative Procedure Act) applies to this chapter.
AS 27.21.998 Definitions.
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In this chapter, (1) “alluvial valley floors” means the unconsolidated stream-laid deposits holding streams where water availability is sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas that are generally overlain by a thin…
AS 27.21.999 Short title.
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This chapter may be cited as the Alaska Surface Coal Mining Control and Reclamation Act.
AS 27.22.010 Discovery and production bonus.
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(a) To stimulate prospecting for, discovery of, and production from new domestic mineral-bearing deposits, and in the interest of the general industrial development of the state, the commissioner shall, upon sufficient proof, pay a bonus of $10,000 to a person or persons, partner…
AS 27.22.020 Amount of production.
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The bonus will be paid, not for discovery alone, but only in connection with the delivery and sale to a bona fide purchaser of the first unit shipment of ore or concentrate with a gross market value of $100,000 or more substantiated by affidavit showing completion of sale and rec…
AS 27.22.030 Eligibility to claim bonus.
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A person of legal age and a citizen of the United States or a partnership, company, or corporation of citizens legally authorized to operate in the state may claim the bonus offered in this chapter.
AS 27.22.040 Nature of bonus.
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(a) A bonus will be paid only once for production of ores or concentrates from a single lode or placer deposit. The commissioner or a duly authorized representative shall determine whether production from a given location, claim, or group of claims is the first production from th…
AS 27.22.050 Notice of discovery and production; action of the commissioner.
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(a) Notice of the discovery of a mineral deposit and production from it believed to meet the requirements of this chapter shall be forwarded to the commissioner by registered letter together with (1) a brief description of the size, location, and date of discovery of the deposit,…
AS 27.22.060 Definitions.
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In this chapter, (1) “commissioner” means the commissioner of natural resources; (2) “domestic” means within the confines of the state.
AS 27.30.010 Exploration incentive credits authorized.
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(a) The commissioner shall grant to a person described in (d) of this section an exploration incentive credit for the eligible costs of each of the following exploration activities that are performed on or for the benefit of land in the state for the purpose of determining the ex…
AS 27.30.020 Procedure for requesting and taking the credit.
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To obtain the credit authorized by this chapter, (1) a person shall submit a request for the credit as follows: (A) the person may submit a request and a statement of expenditures (i) whenever the amount of credit certified in the request totals at least $250,000 and the period c…
AS 27.30.025 Conditional certification.
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(a) A person may submit a request for conditional certification for the credit when (1) the person has conducted or intends to conduct exploration activities using an innovative technique; (2) there exists a substantial question regarding the nature of the exploration data that w…
AS 27.30.030 Application of the credit.
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(a) In a tax year or royalty payment period, subject to (c) of this section and the respective limitations of this subsection, the person may apply the credit, the taking of which was approved under AS 27.30.020(2), against (1) taxes payable by the person (A) under AS 43.65; appl…
AS 27.30.040 Credit may be carried forward.
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Except as its application is limited by AS 27.30.030 and 27.30.050, a portion of a credit that is not applied under AS 27.30.030 during a tax year or royalty payment period may be carried forward to and applied during a subsequent tax year or royalty payment period.
AS 27.30.050 Limit on application of credit.
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An exploration incentive credit for a mining operation may not exceed $20,000,000 and must be applied within 15 tax years or royalty payment periods after the taking of the credit is approved under AS 27.30.020(2), but the tax years or royalty payment periods in which the credit …
AS 27.30.060 Assignment of credit.
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A person may assign an exploration incentive credit to the person's successor in interest for the mining operation at which the exploration activities occur, but only if the successor in interest is a person qualified to obtain the credit under AS 27.30.010(d). An exploration inc…
AS 27.30.070 Responsibility for record of use of credit.
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For each mining operation, the commissioner may require each person who proposes to take the credit under AS 27.30.020(2) to provide with the request to take the credit a record of (1) the person's past use of credits taken under AS 27.30.020(2) and 27.30.030; and (2) other infor…
AS 27.30.080 Relationship to other funds.
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Amounts due the permanent fund under AS 37.13.010 shall be calculated before the application of a credit extended under this chapter.
AS 27.30.090 Confidentiality of data.
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(a) The commissioner shall keep the exploration activity data provided under AS 27.30.020 confidential for 36 months after receipt by the department. (b) The department is liable in damages to a person who provided the exploration activity data under AS 27.30.020 if the data is d…
AS 27.30.095 Fees.
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The commissioner may charge a fee for the direct costs incurred by the department and the Department of Revenue for evaluating or auditing an application to certify the credit authorized under AS 27.30.010, including the cost of contractors selected by the commissioner to assist …
AS 27.30.099 Definitions.
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In this chapter, (1) “credit” means the exploration incentive credit for activities involving locatable and leasable mineral and coal deposits authorized by this chapter; (2) “eligible costs” means the costs incurred for activities in direct support of exploration activity conduc…
AS 27.40.010 Definitions.
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In this title, unless the context otherwise requires, (1) “commissioner” means the commissioner of natural resources; (2) “department” means the Department of Natural Resources.