NOTICE OF PROPOSED CHANGES ON MINING RIGHTS
IN THE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES
The Department of Natural Resources (DNR) proposes to adopt regulations changes in Title 11 of the Alaska Administrative Code, dealing with mining rights, in response to the passage of Senate Bill 155 (Session Law of Alaska 2020, Chapter 31). Proposed revisions include the following:
(1) AS 27.05.010 is included throughout as an authority in addition to existing authorities under the Alaska Land Act (AS 38.05) in order to further clarify that DNR is the lead agency charged with all matters affecting mining rights and exploration.
(2) 11 AAC 86.100 (Applicability) is amended to add a reference to AS 38.05.880, a new statute relating to Departmental Review, enacted by SB 155 as AS 38.05.283 and later re-numbered as AS38.05.880.
(3) 11 AAC 86.115 (Locations on state-selected land) is amended in part, and expanded in part, to update requirements for locations on state-selected land within unpatented federal mining claims.
(4) 11 AAC 86.121 (Qualifications) is a new section to clarify requirements for qualifications under AS 38.05.190.
(5) 11 AAC 86.202 (MTRSC and traditional mining claims and leasehold locations) is amended in part, and expanded in part, to clarify reporting requirements for claims and leasehold locations.
(6) 11 AAC 86.215 (Certificate of locations and first rental payment) is amended in part, and expanded in part, to address new requirements for MTRS certificates of location and location requirements for trusts under AS 38.05.195, and to conform the existing regulation with statutory language.
(7) 11 AAC 86.220 (Annual labor) is amended in part, repealed in part, and expanded in part, to address new requirements for annual labor under AS 38.05.210.
(8) 11 AAC 86.223 (Abandonment, relinquishment, and relocation) is amended to more accurately define successors in interests due to changes under AS 38.05.190.
(9) 11 AAC 86.314 (Annual labor) is amended to add a reference to AS 38.05.210 (as amended) regarding annual labor for upland mining leases.
(10) 11 AAC 88.185 (Definitions) be amended to add definitions for ‘qualified expert’ and ‘state-selected lands.’
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Brandon McCutcheon at the Division of Mining, Land and Water, 550 W. 7th Ave., Ste. 1070, Anchorage, AK 99501. Additionally, the division will accept comments by email at dnr.mining.regulation@alaska.gov, or by fax at 907-269-8904. The comments must be received not later than 5:00 p.m. on Friday, February 19, 2021.
You may submit written questions relevant to the proposed action by email at dnr.mining.regulation@alaska.gov and by mail to Brandon McCutcheon at the Division of Mining, Land and Water, 550 W. 7th Ave., Ste. 1070, Anchorage, AK 99501. The questions must be received at least 10 days before the end of the public comment period (by 5:00 p.m. on February 9, 2021). DNR’s mining section will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the agency website at https://dnr.alaska.gov/mlw/news/.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Brandon McCutcheon by email at dnr.mining.regulation@alaska.gov or by phone at 269-8511 not later than February 9, 2021, to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System, by contacting Brandon McCutcheon by email at dnr.mining.regulation@alaska.gov, by phone at 269-8511, or on the agency website at https://dnr.alaska.gov/mlw/news/.
After the public comment period ends, DNR will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments received are public records and are subject to public inspection.
Statutory authority: AS 27.05.010; AS 27.05.020; AS 38.04.058; AS 38.05.020; AS 38.05.035; AS 38.05.125; AS 38.05.130; AS 38.05.177; AS 38.05.185; AS 38.05.190; AS 38.05.195; AS 38.05.205; AS 38.05.210; AS 38.05.211; AS 38.05.212; AS 38.05.230; AS 38.05.240; AS 38.05.242; AS 38.05.245; AS 38.05.250; AS 38.05.255; AS 38.05.265; AS 38.05.275; AS 38.05.300; AS 38.05.850.
Statutes being implemented, interpreted, or made specific: AS 27.05.010; AS 38.05.190; AS 38.05.195; AS 38.05.210; AS 38.05.240; AS 38.05.265; AS 38.05.270; AS 38.05.275; AS 38.05.880.
Fiscal information: These regulations implement the changes in Senate Bill 155, which included appropriations as follows: FY 2021, $176,700; FY 2022, $166,700; FY 2023, $166,700; FY 2024, $166,700. The proposed regulations do not require appropriations in addition to those required under SB 155.
For additional information please see attachments.