Section 38.05.185. Generally.

   (a) The acquisition and continuance of rights in and to deposits on state land of minerals, which on January 3, 1959, were subject to location under the mining laws of the United States, shall be governed by AS 38.05.185 - 38.05.275. Nothing in AS 38.05.185 - 38.05.275 affects the law pertaining to the acquisition of rights to mineral deposits owned by any other person or government. The director, with the approval of the commissioner, shall determine that land from which mineral deposits may be mined only under lease, and, subject to the limitations of AS 38.05.300, that land that shall be closed to location under AS 38.05.185 - 38.05.275. State land may not be closed to location under AS 38.05.185 - 38.05.275 except as provided in AS 38.05.300 and unless the commissioner makes a finding that mining would be incompatible with significant surface uses on the state land. State land may not be restricted to mining under lease unless the commissioner determines that potential use conflicts on the state land require that mining be allowed only under written leases issued under AS 38.05.205 or the commissioner has determined that the land was mineral in character at the time of state selection. The determinations required under this subsection shall be made in compliance with land classification orders and land use plans developed under AS 38.05.300.
   (b) The failure on the part of a mining lessee or a locator to comply strictly with AS 38.05.185 - 38.05.275 and regulations adopted under those sections does not invalidate the rights of a mining lessee or a locator if it appears to the satisfaction of the commissioner that the mining lessee or the locator complied as nearly as possible under the circumstances of the case, and that no conflicting rights are asserted by any other person.
   (c) Unless otherwise provided, the usages and interpretations applicable to the mining laws of the United States as supplemented by state law apply to AS 38.05.185 - 38.05.275.

Authorities

16.20.031;16.20.041;16.20.162;38.05.185;38.05.190;38.05.195;38.05.205;38.05.250;38.05.265;38.05.275;38.05.945;41.23.020;41.23.110;41.23.150;41.23.140;41.23.610;41.23.630

Notes

Implemented As

11 AAC 55.040
11 AAC 69.010
11 AAC 86.105
11 AAC 86.115
11 AAC 86.125
11 AAC 86.135
11 AAC 86.221
11 AAC 86.305
11 AAC 86.313
11 AAC 86.541
11 AAC 86.810

References

11 AAC 55.030
11 AAC 55.040
11 AAC 67.230
11 AAC 69.010
11 AAC 82.200
11 AAC 82.205
11 AAC 86.100
11 AAC 86.135
11 AAC 86.305
11 AAC 86.500
11 AAC 86.600
11 AAC 99.070
11 AAC 99.100
AS 16.20.031 Anchorage Coastal Wildlife Refuge.
AS 16.20.041 McNeil River State Game Refuge.
AS 16.20.162 Purpose; regulations.
AS 38.05.185 Generally.
AS 38.05.190 Qualifications.
AS 38.05.195 Mining claims.
AS 38.05.205 Mining leasing.
AS 38.05.250 Prospecting permits and leases on tide and submerged land.
AS 38.05.265 Abandonment.
AS 38.05.275 Recognition of locations.
AS 38.05.945 Notice.
AS 41.23.020 Management.
AS 41.23.110 Management.
AS 41.23.150 Management. [See revisor's note following AS 41.23.140]..
AS 41.23.610 Management and regulations.
AS 41.23.630 Petersville Recreational Mining Area.

History

(Sec. 1 art IX ch 169 SLA 1959; am Sec. 19 ch 61 SLA 1960; am Sec. 1 ch 123 SLA 1961; am Sec. 1 ch 108 SLA 1981; am Sec. 1 ch 52 SLA 1993; am Sec. 11 ch 56 SLA 1997)