Section 11.86.220. 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)  Work performed outside the boundaries of the location must develop or benefit the location to qualify as annual labor. Transportation or workers or equipment to or from the location does not qualify as annual labor. Drilling or excavating, including ore extraction, or geological, geochemical, geophysical, or airborne surveys, as provided for in AS 38.05.240, may qualify as annual labor.  
	(c)  During each labor year in which the performance of annual labor is required, or within 90 days after the close of that annual labor year, the owner of each mining claim, leasehold location, or mining lease on state land or some other person having knowledge of the facts, shall make and file for record an affidavit. The affidavit must describe the performance of the labor or the making of improvements for the immediately preceding year and any cash payment made instead of performing labor. The affidavit must describe any labor in excess of that required for the preceding year that is to be applied to later years, and that excess labor may be applied to any or all of the next four consecutive labor years. The affidavit must contain the following essential facts:  
		(1) the name or number of the mining claim, leasehold location, or mining lease;  
		(2) every meridian, township, range, and section in which the location or locations are situated, and the recording district in which it is located;  
		(3) the name and current mailing address of each owner;  
		(4) the dates of performance of the labor and the character and value of the improvements made or labor performed, or the amount of cash payment made instead of annual labor; and  
		(5) the value of excess work to be applied from previous years.  
	(d)  An affidavit required by this section may 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.  
	(e)  Repealed 5/30/85.  
	(f)  Repealed 5/30/85.  
	(g)  An affidavit of annual labor may be amended under AS 38.05.210(c). However, an affidavit that does not set out the essential facts is void under AS 38.05.265 and may not be amended.  
	(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 1st of each year. The payment must be accompanied by a copy of the affidavit 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 an affidavit 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 person may not make a cash payment instead of annual labor for more than five consecutive years at a time. A locator who makes a cash payment in lieu of annual labor for one or more years must also record an affidavit of annual labor under AS 38.05.210 and (c) of this section for each year for which a cash payment is made.  

Authorities

27.05.010;38.05.020;38.05.210;38.05.242;38.05.265

Notes

Reference

11 AAC 86.314

Authority

AS 27.05.010 AS 38.05.020 AS 38.05.210 AS 38.05.242 AS 38.05.265

History

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