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Alaska DNR Mining Rights Regulations For Small Miners


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If you have comments on these proposed revisions, the deadline is June 4. It’s very important that we hear from many of you on this important issue.

 

NOTICE OF PROPOSED CHANGES ON MINING

IN THE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES

BRIEF DESCRIPTION

The Department of Natural Resources proposes to change regulations on mining rights, addressing claim location, conflicting rights, annual labor, and penalties and eligibilities to cure abandonments.

The Department of Natural Resources proposes to change regulations on mining. The Department of Natural Resources proposes to adopt regulation changes in Title 11 of the Alaska Administrative Code, dealing with mining, including the following:

(1) 11 AAC 86.215 is proposed to be amended to address requirements for mining locations on state-owned land.

(2) 11 AAC 86.216 is proposed to be added to address overlapping and conflicting mining locations on state-owned lands.

(3) 11 AAC 86.220 is proposed to be amended to address annual labor, recording and amending affidavits of annual labor, essential facts required for affidavits of annual labor, and cash payments made instead of performing annual labor.

(4) 11 AAC 86.224 is proposed to be added to address penalties and eligibility to cure an abandonment of a claim or location under AS 38.05.265.

(5) 11 AAC 86.541 is proposed to be amended to address conditions for termination of a tide or submerged land mining lease and to address default cures in lease contracts.

(6) 11 AAC 86.590 is proposed to be added to provide definitions.

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 the Department of Natural Resources, 550 W. 7th Avenue, Suite 1070, Anchorage, AK 99501-3579 or by e-mail to dnr.mining.regulation@alaska.gov or by fax to 907-269-8904. The comments must be received by the department no later than 5:00 p.m. on Monday, June 4, 2018.

You may submit written questions relevant to the proposed action to: Joseph Joyner, Department of Natural Resources, 550 W 7th Ave., Suite 1070, Anchorage, Alaska 99501-3579

Fax: (907) 269-8904, E-Mail: dnr.mining.regulation@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Department of Natural Resources will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System

https://aws.state.ak.us/OnlinePublicNotices/Login.aspx and agency website at

http://www.dnr.state.ak.us/mlw/hottopics.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Joseph Joyner at 907-269-8511 no later than May 25, 2018, to ensure that any necessary accommodations can be provided.

For more information, a copy of the proposed regulation changes, or if you have any questions regarding the proposed regulations, go to http://www.dnr.state.ak.us/mlw/hottopics, or write to the Department of Natural Resources, Attention Joseph Joyner, 550 W. 7th Avenue, Suite 1070, Anchorage, Alaska 99501-3579; or call 907-269-8511.

After the public comment period ends, the Department of Natural Resources will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED.

Statutory authority: AS 27.05.010; AS 38.05.020; AS 38.05.185; AS 38.05.195; AS 38.05.205; AS 38.05.210; AS 38.05.211; AS 38.05.242; AS 38.05.250; AS 38.05.255; AS 38.05.265; AS 38.05.300

Statutes being implemented, interpreted, or made specific: AS 27.05.010; AS 38.05.020; AS 38.05.185; AS 38.05.195; AS 38.05.205; AS 38.05.210; AS 38.05.211; AS 38.05.242; AS 38.05.250; AS 38.05.255; AS 38.05.265; AS 38.05.300

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation. The proposed regulations provide for user fees for certain elective services or elective uses of state-owned facilities, but do not establish mandatory permitting or compliance requirements that impose costs on a private person, other state agencies, or municipalities.

Date: May 3, 2018

________________________________

Andrew T. Mack

Commissioner, Department of Natural Resources

ADDITIONAL REGULATION NOTICE INFORMATION

(AS 44.62.190(d))1

1. Adopting agency: Department of Natural Resources

2. General subject of regulation: Mining

3. Citation of regulation (may be grouped): 11 AAC 86.201, 11 AAC 86.215, 11 AAC 86.216, 11 AAC 86.220, 11 AAC 86.224, 11 AAC 86.541, 11 AAC 86.590

4. Department of Law file number, if any:

5. Reason for the proposed action:

( ) Compliance with federal law or action (identify):

( ) Compliance with new or changed state statute

( ) Compliance with federal or state court decision (identify):

( X ) Development of program standards

( X ) Other (identify): Mining Rights

6. Appropriation/Allocation: Resource Development / Claims, Permits, and Leases

7. Estimated annual cost to comply with the proposed action to:

A private person: None

Another state agency: None

A municipality: None

8. Cost of implementation to the state agency and available funding (in thousands of dollars):

Initial Year Subsequent

FY 19 Years

Operating Cost $ 0 $ 0

Capital Cost $ 0 $ 0

1002 Federal receipts $ 0 $ 0

1003 General fund match $ 0 $ 0

1004 General fund $ 0 $ 0

1005 General fund/

program $ 0 $ 0

Other (identify) $ 0 $ 0

9. The name of the contact person for the regulation:

Name: Joseph Joyner

Title: Natural Resource Manager

Address: DNR, DMLW, 550 W. 7th Ave. Ste. 1070, Anch., AK 99501-3579

Telephone: 907-269-8511

E-mail address: joe.joyner@alaska.gov

10. The origin of the proposed action:

__X__ Staff of state agency

_____ Federal government

_____ General public

_____ Petition for regulation change

_____ Other (identify):

11. Date: May 3, 2018 Prepared by:

Name: Joe Joyner

Title: Natural Resource Manager

Telephone: 907-269-8511

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  • 1 month later...

I didn't comment on their proposed reg changes but am curious when the results of their decisions emerge? 

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On 7/15/2018 at 2:56 PM, Mac said:

I didn't comment on their proposed reg changes but am curious when the results of their decisions emerge? 

Mac,

Theres a recent post on the DNR thread over at the Alaska Gold Forum by GeoWizard.  He included this link:

http://www.stampede-gold.com/notice_of_withdrawal.pdf

 

Looks like they withdrew their proposal.  Gonna try and take it to the legislature for action instead.  Good luck with those clowns.

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Thank you, Kodiak. Much appreciate the link too. I just read the letter. Your word for them -- "clowns'" -- is spot on. What a joke. So DNR withdrew their proposed changes in the current law, so they can petition the legislature to create a new law instead .. hmmm, makes me wonder what more the DNR may demand via such a new law. 

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