DNR extends deadlines for mining payments
quiring small aircraft or charter boat operations to perform the necessary activities to maintain their interests. I find that the financial hardship and inability of miners to access their claims, leasehold locations, and leases due to the outbreak of the COVID-19 virus places an inequitable burden on Alaska’s miners to comply with state statutes through no fault of their own, but rather through an act of God. “Finding and Decision According- ly, pursuant to AS 38.05.020(b)(5), I find that it is in the best interest of the state to grant affected persons one year extension for payments required by AS 38.05.210 and AS38.05.211, and associated regulations. Upon writ- ten request to the Division of Mining, Land & Water, received on or before November 30, 2020, stating how the COVID-19 pandemic prevented a min- er from timely performing annual la- bor, paying cash-in-lieu of annual labor, or paying rent on their claims, leasehold locations or leases, the due date for cash-in-lieu of annual labor and rental payments for the 2019- 2020 mining labor year will be ex - tended one year and will be due and must be paid on or before September 1, 2021. “Any miner who did not perform annual labor in the 2019-2020 labor year must pay cash-in-lieu of annual labor in order to maintain their claims, leasehold locations, and leases. In ad- dition to any written request for an extension under this Order, all claim, leasehold location, and leaseholders must still record affidavits of annual labor for the 2019-2020 labor year on or before November 30, 2020. The af - fidavit should detail the performance of the requisite labor performed by September 1, 2020, or whether cash- in-lieu of labor has already been paid, or whether the holder intends to pay cash-in-lieu of labor under an exten- sion authorized by this Order on or before September 1, 2021.” DNR provided these additional guidelines: Guidelines for Seeking Relief To
qualify fora extension for payments of cash-in-lieu of labor or annual rent provided by this Order, claim, lease- hold location, and lease holders must: n Submit a written request to the Division of Mining, Land & Wa- ter on or before Nov. 30, stating how the COVID-19 pandemic prevented them from timely performing annu- al labor, paying cash-in-lieu of an- nual labor, or paying rent on their claims, leasehold locations, or leas- es,andrequestinganextensionofthe due datefor payments of cash-in-lieu of labor, annual rent, or both. The request must be signed and must in- clude: The ADL number(s) or name of the claim(s), leasehold location(s) or lease(s); and the name(s) and cur- rent mailing address of the holder(s). Written requests may be hand deliv- ered or submitted as an attachment to email at dnr.dmlw.mpm@alaska.gov. FAX (907) 269-8949, or mailed to: Department of Natural Resources, 550 W. 7thAvenue, Suite 900B, Anchor - age, AK 99501-3577. Mailed requests must be received by the Department of Natural Resources by November 30, 2020. n The request should explain the underlying reason for the request, as well as how or why COVID-19 fac- tored into the inability to comply with the statutory and regulatory annual mining requirements. All affidavits of annual labor for the 2019-2020 min - ing year must still be recorded on or before November 30, 2020. Failure to record an affidavit of annual labor in a timely manner will result in aban- donment of your claims. n The affidavit must clearly detail if labor was timely performed, if cash- in-lieu of labor was already paid, or if a payment for cash-in-lieu of labor is expected to be paid in accordance with an extension requested under this Or- der. The affidavit must still meet the requirements of AS 38.05.210(b) and AS38.05.240.
12-month extension comes as a result of COVID-19 pandemic A Note From AMA: AMA appreciates the efforts of the Department to accom - modate miners during the unique circum- stances facing us this year. However, his- tory has shown that filings can always be challenged by third parties, and to ensure you are in good standing, we encourage you to file and pay timely as you normally would. The Alaska Department of Natural resources has announced a 12-month extension on most payments due from Alaska miners. Here is the text of that announce- ment from DNR commissioner Corri Feige. “I, Corri Feige, Commissioner of the Alaska Department of Natural Resources, do hereby authorize the extension of payments due under AS 38.05.210 and 38.05.211; pursuant to this Order, an extension of one year is granted as provided below. This Order takes immediate effect upon signature unless otherwise individually noted.” “The outbreak of the COVID-19 vi- rus has caused significant restrictions on the ability of holders of state min- ing interests to travel to the state and to those interests. Restrictions placed on travel by the Alaska Department of Health and Social Services, in or- der to flatten the spread of the virus and defend against over-taxing the state’s health care services, has lim- ited the ability of out-of-state min- ing claimants to travel to the State of Alaska to perform the required annu- al laborer generate sufficient revenue to make cash-in-lieu payments for labor. “Restrictions did not just affect the out-of-state miners but also af- fected the ability of Alaskan miners to generate revenue and travel to and access remote mining locations re-
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The Alaska Miner
October 2020
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