Section 11 AAC 86.220 - Annual labor(a) Except as provided in 11 AAC 86.115, the first labor year begins at noon on the first September 1 following the date a location notice is posted under 11 AAC 86.210. Each subsequent annual labor year begins at noon on September 1. A location that is located on September 1 will be considered to have been located after noon on that day.(b) The provisions of AS 38.05.240 include examples of qualifying labor. Work performed outside the boundaries of the location must develop or benefit the location to qualify as annual labor within the meaning of AS 38.05.240. Definitions set out in AS 38.05.242 apply for purposes of AS 38.05.240(a)(9).(d) A statement of annual labor required by this section must be made before any officer authorized to administer oaths, or, when no official empowered to administer oaths is available, in the manner provided by AS 09.63.020.(g) A statement of annual labor may be amended under AS 38.05.210.(h) A cash payment made instead of performing annual labor must be received by the department as provided in 11 AAC 86.107 and must be received by the department on or before September 1 of each year. If mailed, payment must be postmarked on or before September 1. The payment must be accompanied by a copy of a statement of annual labor or a statement containing the name and ADL number for the mining claim, leasehold location, or mining lease for which the payment is made. If cash payment is asserted in a statement of annual labor but is not paid by the end of the labor year, the mining claim or leasehold location will be considered abandoned under AS 38.05.265(a) A locator who makes a cash payment in lieu of annual labor must also record a statement of annual labor under AS 38.05.210. A cash payment will be accepted only for the current labor year.(i) For the purpose of AS 38.05.210, "held in common" means under common control. Common control may result from any combination of outright ownership, leases, option, earn-in arrangements, exploration agreements, joint ventures, or any other arrangements under which a party has the right to conduct operations to explore for, develop, or mine minerals. Labor performed on or for the benefit of any portion of the area held in common may be used to satisfy the labor requirements for all portions of the area held in common. (j) The owner of a mining claim, leasehold location, or mining lease may apply a combination of excess carryover labor, actual performed labor recorded, and cash payment to the state equal to the value of labor required to meet the minimum annual labor requirements. The cash payment equal to the value of labor required must meet the requirements of (h) of this section, and the carryover labor and cash payments in lieu of labor are subject to the respective four- and five-year limitations on use of excess carryover labor value and cash payments under AS 38.05.210(a).Eff. 9/5/74, Register 51; am 12/31/82, Register 84; am 5/30/85, Register 94; am 5/18/90, Register 114; am 8/26/98, Register 147; am 10/28/2022, Register 244, January 2023Authority:AS 27.05.010
AS 38.05.020
AS 38.05.210
AS 38.05.240
AS 38.05.242
AS 38.05.265