Notice of Extension of Public Scoping for Possible Updates and Revisions of DNR Regulations
State of Alaska
Department of Natural Resources
Opportunity for additional Public Scoping and review of Draft Possible DNR Regulations under Administrative Order 266
11 AAC 86, Mining Rights
Public Scoping
The Department of Natural Resources (DNR) is considering updating and revising its regulations regarding mining rights and the use and management of mineral properties under 11 AAC Chapter 86. For more information or a copy of the existing regulations and statutes, go to http://dnr.alaska.gov/mlw/hottopics, or contact Joe Joyner at Alaska Department of Natural Resources, 550 West 7th Avenue, Suite 1070, Anchorage, Alaska 99501-3577, joe.joyner@alaska.gov, or (907) 269-8511.
In March of 2016 DNR solicited public input regarding possible revisions to its mining regulations under 11 AAC Chapter 86 through the AO 266 Public Scoping process. After reviewing and considering comments received, DNR identified some possible changes and improvements to its existing regulations and has developed a conceptual discussion draft of some possible revisions to those regulations. This discussion draft is not a final product nor does it constitute “proposed” regulations, but rather a working document.
The possible changes and improvements to the existing regulations included in the department’s discussion draft revisions regard:
- locations on state land and on state-selected land,
- who and what qualifies to acquire or hold exploration and mining rights,
- certificates of location,
- rental payments,
- annual labor,
- abandonment, and
- lease contracts.
However, before DNR continues any further work drafting regulations or initiates the formal public review of Proposed Regulations through the Administrative Procedures Act (APA) in AS 44.62, the department is providing the public and industry with an additional opportunity to provide any general scoping input for possible revisions to the existing regulations and to review and provide specific comments on the department’s Conceptual Draft Regulations.
This notice is a continued scoping notice and is not being provided under the Administrative Procedures Act (APA) in AS 44.62 because this is not notice of any formally proposed updates or revisions of DNR regulations. Any formally proposed updates or revisions of DNR regulations will be provided to the public for review and comment under the APA.
Specifically, DNR is seeking further public input regarding the effectiveness of the existing regulatory framework related to the establishment and maintenance of mining rights and the use and management of mineral properties. DNR is also asking members of the public and industry for their input regarding the department’s draft revisions to the regulations related to these matters.
The purpose of this notice is to ask the public for their ideas and suggestions for possible changes and improvements to the existing regulations. These ideas and suggestions can be as broad or as narrow, or as general or as specific, as the submitter may wish.
Written comments, suggestions, and other input must be received by DNR no later than 5:00 p.m. on December 22, 2017. Please send all submissions by mail or email to:
Joseph Joyner
Alaska Department of Natural Resources
550 West 7th Avenue, Suite 1080
Anchorage, Alaska 99501-3577
dnr.mining.regulation@alaska.gov
DNR will also be holding public meetings in Anchorage and Fairbanks regarding these draft regulations. These meetings will be held on:
-Wednesday, December 6, 2017, from 3:00 P.M. to 5:00 P.M., in the Large Conference Room of the DNR Office Building, 3700 Airport Way, Fairbanks, AK., and
-Friday, December 15, 2017, from 3:00 P.M. to 5:00 P.M., in the Atwood Building, Suite 102, Anchorage, AK.
Written suggestions or other input should identify which existing regulation or draft regulation to which their suggestions or other input applies. DNR will consider the submitted information if and when DNR proposes any revisions to the existing regulations. Any proposed updates or revisions of DNR regulations will be provided to the public for review and comment under the APA.
DNR reserves the right to waive technical defects in this publication. DNR complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aides, services, or special modifications to participate in this scoping request may contact the above address, email, or the TDD number (907) 269-8411.
Reason for Changes and Improvements to Existing Regulations Contained in the Draft of Draft Regulations
Draft changes and improvements to the existing regulations are intended to clarify and streamline requirements for acquiring and holding exploration and mining rights.
The existing regulations have been in place for many years and many of the existing regulations were adopted when there were far fewer active mining claims on DNR’s mineral properties than the 34,000 active mining claims that exist today. Also, during DNR’s day-to-day administration, DNR has discovered that some of the existing regulatory requirements s are unnecessary burdensome or confusing for miners on state land, and that there are other challenges that could possibly be addressed with changes and improvements to the existing regulations. Given these things, the increasing number of mining claims on DNR’s mineral properties, and DNR’s limited staff, draft changes and improvements to the existing regulations are intended to bring more understandability, efficiency, effectiveness, and economy to DNR’s management of its mineral properties.
Some of the Possible Changes and Improvements to Existing Regulations Contained in the Draft Regulations
DNR has recognized for some time that certain issues and department regulations are confusing or unclear to locators of mining rights, other regulatory requirements may have become unnecessary. The following are some of the issues addressed in the department’s possible changes and improvements to existing regulations included in the draft regulations:
Locations on State-Selected Land
The draft of possible regulations contains clarifications regarding possible risks and responsibilities involved in making locations and overlapping locations on state-selected land. DNR has recognized that these issues are confusing to locators of mining rights. Changes and improvements could include clarifying what an “at-risk” location is, and what the rules regarding them are.
Locations on State Land
The draft of possible regulations contains amendments to what constitutes valid locations on state land, to address overlapping or conflicting locations, and to clarify DNR’s and the locators’ responsibilities in dealing with these matters. DNR has understands that these things are confusing to locators of mining rights.
Qualifications
The draft of possible regulations contains additions to clarify who qualifies to acquire or hold exploration and mining rights under AS 38.05.185 through AS 38.05.275. DNR is attempting to clarify the qualifications of “associations” qualify under AS 38.05.190(a)(6). Changes and improvements could include clarifying whether and when Limited Liability Companies (LLCs), Limited Partnerships (LPs), and Limited Liability Partnerships (LLPs) could be “associations” that qualify under AS 383.05.185(a)(6). The draft regulations also address what is required of corporations or various associations to maintain their eligibility to hold exploration and mining rights under AS 38.05.185 through AS 38.05.275.
Annual Rental
The draft of possible regulations contains amendments to address rental payments for locations on state land and on state-selected land. Changes and improvements could include changing when the annual rental year begins from September 1 at noon to August 31 at midnight.
Annual Labor
The draft of possible regulations contains revisions to address annual labor, recording and amending affidavits of annual labor, essential facts, and cash payments made instead of performing annual labor. DNR has discovered that some of the “essential facts” required under existing regulations are already in state records, and thus, requiring them as “essential facts” may not be necessary. Changes and improvements could include eliminating some of those as “essential facts.”
Also, DNR has believes that when the annual labor year begins is confusing or problematic for locators of mining rights. Changes and improvements could include changing when the annual rental year begins from September 1 at noon to August 31 at midnight.
Abandonment
The draft of possible regulations contains additions to address penalty and eligibility to cure an abandoned mining claim or location.
/s/
Andrew T. Mack, Commissioner, Department of Natural Resources
Publish date: November 6, 2017