Section 38.05.205. Mining leasing.

   (a) Prior discovery, location, and recording shall initiate prior rights to mineral deposits subject to AS 38.05.185 - 38.05.275 in or on state land, other than submerged land, which is open to mining leasing. Locations shall be made and certificates of location recorded in accordance with AS 38.05.195.  If the located land is available only for leasing, the director shall publish in a paper of general circulation in the area of the location, notice of the recording of the location and notice that a mineral lease will be issued.  The notice may be combined with notices of locations either in the same general area or statewide.  Unless a conflicting location exists, no later than two weeks after publication of the notice, an application form for a mining lease shall be mailed to the locator by the director.  A lease application shall be filed with the director by the locator within 90 days after receipt of the form.  If the located land is not available for leasing, notice shall be given the locator by the director and the locator's prior rights shall terminate.  A mining lessee has the exclusive rights of possession and extraction of all minerals subject to AS 38.05.185 - 38.05.275 lying within the boundaries of the lease or location.  Mining leases may be issued for one location or for a group of contiguous locations held in common.  Minerals may not be mined and marketed or used until a lease is issued, except for limited amounts necessary for sampling or testing.
   (b)   [Repealed, Sec. 10 ch 101 SLA 1989]. 
   (c) A mining lease shall be for any period up to 55 years, and is renewable if requirements for the lease remain satisfied. Annual rental and production royalties shall be paid as required under AS 38.05.211 and 38.05.212. A valid mining claim located and held under AS 38.05.195 may be converted to a lease at any time upon application by the owner, and issuance by the commissioner. Rights granted by a mining lease may not be exercised until the lease has been filed for record in  the recording district where the land is located.

Authorities

38.05.035;38.05.185;38.05.945;41.23.470

Notes

Implemented As

11 AAC 86.135
11 AAC 86.202
11 AAC 86.205
11 AAC 86.210
11 AAC 86.215
11 AAC 86.300
11 AAC 86.305
11 AAC 86.309
11 AAC 86.311
11 AAC 86.312
11 AAC 86.313
11 AAC 86.321
11 AAC 86.575
11 AAC 86.800
11 AAC 86.805
11 AAC 86.810

References

11 AAC 55.040
11 AAC 86.135
11 AAC 86.202
11 AAC 86.305
11 AAC 86.312
11 AAC 88.185
AS 38.05.035 Powers and duties of the director.
AS 38.05.185 Generally.
AS 38.05.945 Notice.
AS 41.23.470 Application of public land laws.

History

(Sec. 4 art IX ch 169 SLA 1959; am Sec. 1 ch 123 SLA 1961; am Sec. 2 ch 108 SLA 1981; am Sec. 39 ch 152 SLA 1984; am Sec. 1, 10 ch 101 SLA 1989)