Section 11 AAC 05.110 - Leasable minerals, including coal, phosphates, oil shale, sodium, sulphur, potassium, oil and gas, and geothermal(a) Fees established under this section are for authorizations and services under AS 38 for leasable minerals. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) - (d)(2) of this section by waiving a portion of the fee. The director of the division of oil and gas may, by written order, reduce or revise one or more of the fees established in (d)(3) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee (1) must apply to all applicants or petitioners for that authorization, petition, or service;(2) may not exceed 20 percent of the amount established in (d)(1) - (d)(3) of this section for an authorization, petition, or service;(3) must be published on the applicable division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver; and(4) may not waive or reduce any additional fees imposed under (c) of this section;(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.(b) The directors shall consider in waiving a portion of a fee under (a) of this section(1) the estimated actual costs of the authorization, petition, or service to the department;(2) the economic needs of the department; and(c) When the department determines that an authorization, petition, or other service will require additional costs, or staff time in excess of the maximum hours set out in (d)(1) - (d)(2) of this section, but that a higher fee under 11 AAC 05.270 is not required, then,(1) the department may, in addition to the fee established in (d)(1) - (d)(2) of this section, (A) charge an additional hourly fee under (d)(4) of this section for staff time in excess of the maximum hours set out in (d)(1) - (d)(2) of this section to pay for the estimated actual staff cost for provision of the services requested; and(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.(d) The fees for authorizations and services under AS 38 for leasable minerals are as follows: (1) for an application for surface or subsurface use for leasable mineral services and authorizations for coal, for (A) a competitive coal lease (i) for a total of no more than 500 acres in area, $750 for up to 30 hours of staff time; (ii) for a total greater than 500 acres in area but no more than 3,000 acres in area, $1,500 for up to 60 hours of staff time;(iii) for a total greater than 3,000 in area but no more than 5,000 acres in area, $2,500 for up to 100 hours of staff time;(iv) for a total greater than 5,000 acres in area, the fee listed in (iii) of this subparagraph plus $500 for up to 20 hours of staff time for each additional 1,000-acre area increment;(v) if a competitive coal lease sale is held by the department for land for which a fee under this subparagraph has been paid, the fee may be credited to the bid of the applicant who paid the fee or refunded if the bid is not successful; otherwise, the fee is not refundable; (B) a prospecting permit under AS 38.05.150, a one-time application and use fee, $1,000 for up to 40 hours of staff time;(C) a conversion of prospecting permit to lease under AS 38.05.150, $2,000 for up to 80 hours of staff time;(D) an assignment of prospecting permit or lease under AS 38.05.150, $500 for up to 20 hours of staff time;(E) an amendment or extension of prospecting lease under AS 38.05.150, $500 for up to 20 hours of staff time; of staff time;(F) establishment of a Coal Mining Unit (CMU); $500 for up to 20 hours(G) rental and royalty relief, $500;(H) suspension of production or operations under AS 38.05.140(d), $500;(I) modification of a work commitment, $150;(2) for an application for surface or subsurface use for phosphates, sodium, sulphur, oil shale and potassium authorizations the fees are the same as in (1) of this subsection;(3) for an application for an oil and gas, gas only, gas storage or geothermal authorization, for (A) a geothermal prospecting permit, $200;(B) conversion of a geothermal prospecting permit to a lease, $200;(C) assignment of a geothermal prospecting permit or lease, $450;(D) formation of a unit or Cook Inlet discovery royalty, $10,000;(E) an amendment or expansion of unit agreement, $1,500;(F) a plan of operations on leased land, $750 for each application;(G) an amendment of a plan of operations on leased lands, $250;(H) a land use permit for exploration on unleased land, $500;(I) rental and royalty relief or reduction, $500;(J) suspension of production or operations, $500;(K) an oil and gas or gas only storage lease, $500;(L) modification of work commitment, $150;(M) transfer of an interest in an oil and gas or gas only lease, oil and gas or gas only exploration license, or gas storage lease, including initial separation of an overriding royalty interest and working interest, $250; (N) extension of an oil and gas or gas only lease, $2,000;(4) for each additional hour in excess of the maximum hours listed in (1) or (2) of this subsection $50.7/1/2018, Register 227, October 2018; am 12/26/2019, Register 232, January 2020Authority:AS 27.21.030
AS 38.05.020
AS 38.05.035
AS 38.05.133
AS 38.05.177
AS 38.05.180
AS 38.05.255
AS 38.05.850
AS 37.10.050
AS 37.10.058
AS 41.06.020
AS 44.37.020