Alaska Administrative Code
Title 11 - Natural Resources
Part 1 - Office of the Commissioner
Chapter 05 - Fees for Department Services
11 AAC 05.120 - Locatable minerals
Universal Citation: 11 AK Admin Code 11 AAC 05.120
Current through November 28, 2024
(a) Fees established under this section are for authorizations and services regarding mining operations under AS 27 and AS 38 for locatable minerals. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) or (d)(2) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee
(1) must apply to all applicants or
petitioners for that authorization, petition, or service;
(2) may not exceed 20 percent of the amount
established in (d)(1) or (d)(2) of this section for an authorization, petition,
or service;
(3) must be published
on the division's public internet webpage and the Alaska Online Public Notice
System 30 days before the effective date of the waiver;
(4) may not waive or reduce any additional
fees imposed under (c) of this section; and
(5) is not subject to appeal under
AS
44.37.011 or 11 AAC 02.
(b) The director shall consider in waiving a portion of a fee under (a) of this section
(1)
the estimated actual costs of the authorization, petition, or service to the
department;
(2) the economic needs
of the department; and
(3) the
public interest.
(c) When the department determines that an authorization, petition, or other service will require additional costs, or staff time in excess of the maximum hours set out in (d)(1) of this section, but that a higher fee under 11 AAC 05.270 is not required, then,
(1) the
department may, in addition to the fee established in (d)(1) of this section,
(A) charge an additional hourly fee under
(d)(3) of this section for staff time in excess of the maximum hours set out in
(d)(1) of this section to pay for the estimated actual staff cost for provision
of the services requested; and
(B)
charge fees necessary to pay for additional estimated actual costs, including
costs under 11 AAC 05.200 for recordation by the department;
(2) the department will provide
the applicant or petitioner written estimates detailing the additional costs
for the department to continue processing the application; and
(3) the department may require payment of the
appropriate additional fee amount before the department undertakes additional
processing.
(d) The fees for authorizations and services regarding mining operations under AS 27 and AS 38 for locatable minerals are as follows:
(1)
for an application or submission for surface or subsurface use for locatable
mineral services and authorizations for mining operations, for
(A) a tideland and submerged land prospecting
permit, $1,000 for up to 40 hours of staff time;
(B) conversion of a mining claim, leasehold
location or a tideland and submerged land prospecting permit to a mining lease,
$1,000 for up to 40 hours of staff time;
(C) an amendment, assignment or renewal of a
mining lease, leasehold location or a tideland and submerged land prospecting
permit, $750 for up to 30 hours of staff time;
(D) a competitive offshore mining lease
(i) for a total of no more than 500 acres in
area, $750 for up to 24 hours of staff time;
(ii) for a total greater than 500 acres in
area but no more than 3,000 acres in area, $1,500 for up to 48 hours of staff
time;
(iii) for a total greater
than 3,000 acres in area but no more than 5,000 acres in area, $2,500 for up to
80 hours of staff time;
(iv) for a
total greater than 5,000 acres in area, the fee listed in (iii) of this
subparagraph plus $500 for up to 16 hours of staff time for each additional 1,
000-acre area increment;
(v) if a
competitive offshore mining lease sale is held by the department for land for
which a fee under this subparagraph has been paid, the fee may be credited to
the bid of the applicant who paid the fee or refunded if the bid is not
successful; otherwise, the fee is not refundable;
(E) a millsite permit or millsite lease,
$1,000 for up to 40 hours of staff
(F) an amendment, assignment or renewal of an
millsite permit or millsite lease, $500 for up to 20 hours of staff
time;
(G) activities not subject to
the exemption for small operations as described in
AS
27.19.050 associated with a mining claim,
mining lease, leasehold location or tideland and submerged land prospecting
permit or prospecting site, for
(i) a plan of
operations under
11 AAC 86.150 or
11 AAC 86.800, $500 for up to 20
hours of staff time, plus for an application for a multi-year plan of
operations, a $250 fee covering up to 10 hours of staff time for annual work
and reports or amendments to an approved plan of operations over the term of
the plan to maintain compliance with AS 27 .19; separate water use application
fees under 11 AAC 05.260 will also be required where appropriate; or
(ii) a land use permit under
AS
38.05.850, $300 for up to 12 hours of staff
time, plus for an application for a multi-year permit, a $100 fee covering up
to 4 hours of staff time for annual work and reports or amendments to an
approved permit over the term of the permit; water use application fees under
11 AAC 05.260 will also be required where appropriate;
(H) an amendment to an approved plan of
operations, land use permit or reclamation plan under AS 27.19 in excess of
those addressed in (F) or (H) of this paragraph, $250 for up to 10 hours of
staff time;
(I) activities subject
to the exemption for small operations described in
AS
27.19.050 associated with a mining claim,
mining lease, leasehold location, tideland and submerged land prospecting
permit or prospecting site as follows:
(i) a
plan of operations under
11 AAC 86.150 or
11 AAC 86.800, $250 for up to 10
hours of staff time, plus for an application for a multi-year plan of
operations, a $100 fee covering up to 4 hours of staff time for annual work and
reports or amendments to an approved plan of operations over the term of the
plan to maintain compliance with AS 27.19; water use application fees under 11 AAC 05.260 will also be required where appropriate; or
(ii) a land use permit under
AS
38.05.850, $300 for up to 12 hours of staff
time, plus for an application for a multi-year permit, a $100 fee covering up
to 4 hours of staff time for annual work and reports or amendments to an
approved permit over the term of the permit; water use application fees under
11 AAC 05.260 will also be required where appropriate;
(J) filing of a letter of intent for the
exemption of small operations under
AS
27.19.050 with the application with a plan of
operations, no fee;
(K) submission
of a mineral mining reclamation plan under
AS
27.19.030,
(i) for state owned land submitted with a
plan of operations or land use permit, no fee;
(ii) for state owned land not submitted with
a plan of operations or land use permit, $1,000 for up to 40 hours of staff
time;
(iii) for non-state owned
land $500 for up to 20 hours of staff time;
(L) an amendment, extension, renewal or
assignment of a mineral mining reclamation plan under AS 27.19 for a mining
claim, mining lease, leasehold location, a tideland and submerged land
prospecting permit or prospecting site, $250 for up to 10 hours of staff
time;
(M) inspection of a mining
claim, mining lease, leasehold location, a tideland and submerged land
prospecting permit or prospecting site under AS 27.19 subject to an approved
plan of operation or permit before final release of bond under AS 27.19, $400;
time;
(N) a certificate of
substantial compliance, $500 for up to 20 hours of staff
(2) for the following land use authorizations
for locatable mining:
(A) for a prospecting
permit, $300, annually;
(B) for a
millsite lease, as determined at the discretion of the director:
(i) $500 annually each acre; or
(ii) the yearly fair market rental value of
the land;
(C) for a
millsite permit located outside the boundaries of the mining claim, mining
lease or leasehold location, the yearly fair market rental value of the
land;
(D) for revocable and
temporary land use authorization for a structure or facility that can be
occupied or unoccupied in support of mining operations on a mining claim, lease
or leasehold location;
(i) for a plan of
operations under
11 AAC 86.800, for the first five
acres no charge, for each additional acre, $150 annually for each
acre;
(ii) for a miscellaneous land
use permit under
AS
38.05.850, for the first two acres no charge,
for each additional acre, $100 annually for each acre;
(3) for each additional hour in
excess of the maximum hours listed in (1) of this subsection, $50.
(e) The department will establish the fees for a voluntary large mine permitting process on a negotiated basis to reflect agency costs.
AS 38.04.900
AS 38.05.250
AS 44.37.020
AS 38.05.020
AS 38.05.035
AS 38.05.255
AS 38.05.850
AS 46.15.020
AS 46.15.035
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