NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES
The Department of Natural Resources proposes to adopt regulation changes in Title 11, of the Alaska Administrative Code, specifically 11 AAC 86.221 dealing with the Annual Rental for mining claims and leasehold locations; 11 AAC 86.313 dealing with the Annual Rental for mining leases made under AS 38.05.205; 11 AAC 86.422 dealing with the Rental for prospecting sites made under AS 38.05.245 and 11 AAC 86.541 dealing with the Offshore Mining Lease Rental. The revised regulations include the following: • Adjustment of Mining Rental rates based on adjustments in the Consumer price Index
Proposed Changes to Annual Rentals The purpose of these proposed regulation changes are to meet the statutory requirement of AS 38.05.211(d). This law established the annual rentals for mining claims, leasehold locations, leases and prospecting sites in 1989, and requires the department to revise the annual rentals it charges every ten years in accordance with the changes in the Consumer Price Index (CPI) for all urban consumers, Anchorage Metropolitan Area (Semi-Annual Average) compiled by the Bureau of Labor Statistics, United States Department of Labor (U.S. DOL). The department is required to calculate any change in the rental rates using this data, and if the rental rates must be revised, revise its regulations to establish the new annual rental rates. The reference base index is the index for January – June 1989 as revised or rebased by U.S. DOL. DNR last revised the annual rental rates in 1999. DNR proposes to adjust the annual rentals rates based on the first half 2009 CPI adjustment due to be released by U.S. DOL on July 15, 2009. Interested parties can view this information on this date here:
http://data.bls.gov/PDQ/servlet/SurveyOutputServlet?series_id=CUUSA427SA0&data_tool=XGtable
DNR will amend the annual rental rates by applying the cumulative percentage change of the CPI for the Anchorage Metropolitan Area between 1989 (date rentals were established) and the CPI for the Anchorage Metropolitan Area for the first half 2009. DNR will use the new annual rental rates to determine the annual rental amounts for mining claims and leasehold locations, leases and prospecting sites administered after August 31, 2009. DNR’s intent is to have the new annual rental rates in effect by August 31, 2009 for the fall 2009 annual rental billings. Therefore, DNR must begin the proposed regulation change process before the CPI adjustment is released on July 15, 2009. The annual rental rates in the proposed regulations are only estimated amounts. The actual annual rental rates that will be filed in the final regulations will be based on the actual CPI index change for the Anchorage Metropolitan Area compiled by the U.S. DOL.
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Submitting Comments 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 Division of Mining, Land and Water, 550 W. 7th Avenue, Suite 1070, Anchorage, AK 99501-3579 or by e-mail to dnrmlw@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, on July 20, 2009. 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 269-8511 no later than June 26, 2009, to ensure that any necessary accommodations can be provided. For more information or a copy of the proposed regulation changes, go to http://www.dnr.alaska.gov/mlw/hottopics or write to Director’s Office, Division of Mining, Land and Water, Department of Natural Resources, Attention Joseph Joyner, 550 W. 7th Avenue, Suite 1070, Anchorage, Alaska 99501-3579; or call 907-269-8511; or email at joe.joyner@alaska.gov . 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 38.05.020, AS 38.05.211;
Statutes Being Implemented, Interpreted, or Made Specific: AS 38.05.035; AS 38.05.185; AS 38.05.205; AS 38.05.211; AS 38.05.245; AS 38.05.250; AS 38.05.265
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
Date: June 3, 2009
_____________________________________ Dick Mylius, Director, Division Mining, Land and Water
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ADDITIONAL REGULATIONS NOTICE INFORMATION (AS 44.62.190(d)) 1. 2. 3. 4. Adopting agency: Department of Natural Resources General subject of regulation: Designated Public Use Areas Citation of regulation (may be grouped):_ 11 AAC 86.140-.796 Reason for the proposed action: ( ) compliance with federal law ( ) compliance with new or changed state statute ( ) compliance with court order (X) development of program standards ( X ) other: (please list)_____Compliance with state law ____________________________________________________________ 5. RDU/component affected: Resource Development/ Claims, Permits and Leases_________________ 6. Cost of implementation to the state agency and available funding (in thousands of dollars): Initial Year Subsequent FY _10__ Years Operating Cost $__0.0___ $0.0 Capital Cost $__0.0___ $0.0 Federal receipts General fund match General fund General fund/ program receipts General fund/ mental health Other funds (specify) $__0.0___ $0.0 $__0.0___ $0.0 $__0.0.___ $0.0 $__0.0___ $__0.0___ $__0.0___ $0.0 $0.0 $0.0
7. The name of the contact person for the regulations: Name Joseph Joyner Title Natural Resource Manager Address DNR, DMLW, 550 W. 7th Avenue, Suite 1070 Anchorage, AK 99501-3579 Telephone _907-269-8511 E-mail address: joe.joyner@alaska.gov 8. The origin of the proposed action: (X)_ ( ) _ _ staff of state agency federal government general public petition for regulation change
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_ other (please list)____________________________________________________ 9. Date: June 3, 2009 Prepared by: ___________________________ [signature] Name (typed) Joseph Joyner Title (typed) Natural Resource Manager Telephone: 269-8511
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