Section 38.05.211. Annual rental.

   (a) The holder of each mining claim, leasehold location, prospecting site, and mining lease, including a mining lease under AS 38.05.250, shall pay, in advance, rental for the right to continue to hold the mining claim, leasehold location, prospecting site, and mining lease, including a mining lease under AS 38.05.250. Rental is due and payable as follows:
        (1) the rental amount for a prospecting site is fixed at $200 for the two-year term of the site;
        (2) annual rental for a mining claim, leasehold location, or mining lease shall be based on the number of years since a mining claim, a leasehold location, or a mining lease's predecessor claim or leasehold location was first located; the annual rental amounts for a mining claim, leasehold location, or mining lease are as follows:
                                                                
  Number of Years         Rental Amount Per          Rental Amount     
       Since               Acre for Mining          for Each Mining    
   First Located               Leases             Claim or Leasehold   
                                                 Location Including    
                                                 Each                  
                                                    Quarter-Quarter    
                                                     Section MTRSC     
                                                        System         
   0 - 5                       $ .50                              $ 20 
   6 - 10                      $1.00                                40 
   11- or more                 $2.50                              100; 
        (3) the annual rental in any year for each quarter section claim, leasehold location, or lease based on the MTRSC system is four times the rental amount for a quarter-quarter section mining claim, leasehold location, or lease in that year.
   (b) A claim, leasehold location, or mining lease located on or before August 31, 1989, is considered to have been first located on August 31, 1989, for purposes of determining the amount of rental under this section.
   (c) The rental for each year shall be credited against the production royalty under AS 38.05.212 as it accrues for that year.
   (d) The rental amount established under this section shall be revised by the commissioner as provided in this section based on changes in the Consumer Price Index for all urban consumers, Anchorage Metropolitan Area (Semi-Annual Average) compiled by the Bureau of Labor Statistics, United States Department of Labor, as revised, rebased, or replaced by that bureau. The reference base index is the index for January - June 1989, as revised or rebased by that bureau. The rental amount shall be increased or decreased, as appropriate, by an amount equal to the change in the index described in this subsection rounded to the nearest whole $5 unit. The commissioner shall calculate the change in the rental amount each 10 years and, if the rental amount must be revised, shall adopt a regulation establishing the revised rental amount. A revised rental amount applies to a rental payment if the regulation establishing the revised rental amount took effect at least 90 days before the date the rental payment is due.
   (e) The locator of a new claim or leasehold location in accordance with the MTRSC system or the locator of a non-MTRSC location claim or leasehold location who amends the claim or leasehold location in accordance with the MTRSC system is entitled to a reduced rental under this section for the rental year following establishment of the new location or amendment of a non-MTRSC location. The reduced annual rental is 50 percent of the annual rental that would otherwise be due in the following rental year.

Authorities

38.05.205

Notes

Implemented As

11 AAC 86.107
11 AAC 86.115
11 AAC 86.202
11 AAC 86.215
11 AAC 86.221
11 AAC 86.250
11 AAC 86.255
11 AAC 86.260
11 AAC 86.265
11 AAC 86.270
11 AAC 86.290
11 AAC 86.313
11 AAC 86.541
11 AAC 86.760

References

11 AAC 86.422
11 AAC 99.100
AS 38.05.205 Mining leasing.

History

(Sec. 4 ch 101 SLA 1989; am Sec. 13 ch 56 SLA 1997; am Sec. 3, 4 ch 74 SLA 2000)