Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 86 - Mining Rights › Article 1 - General Provisions › 11 AAC 86.115 - Locations on state-selected land

Current through May 31, 2024
(a) A location made
				  on state-selected land that has not been conveyed to the state by the federal
				  government through tentative approval or patent is made at the locator's risk.
				  Because the state does not have management authority over the land unless the
				  selection has been conveyed and cannot authorize exploration work or mining
				  until that time, the locator is responsible for obtaining any necessary permits
				  from the federal land manager and other permitting authorities.
(b) A location made on state-selected land in
				  accordance with this chapter creates prior rights against subsequent locators
				  and becomes a mining claim, leasehold location, or prospecting site when the
				  federal government conveys the selection to the state through tentative
				  approval or patent, whichever occurs first. If the conveyance restricts or bars
				  the location, or a state mineral closure is in effect for all lands within the
				  location on the date of the conveyance, the location made on state-selected
				  land is void. For a state-selected location in which only part of the land is
				  restricted, location is barred, or a state mineral closure is in effect, only
				  those portions of the location affected by the restriction, bar, or state
				  mineral closing order are void. If a state leasing restriction is in effect on
				  the date of the conveyance, a location made before the conveyance is subject to
				  that restriction. If the land is closed to mineral entry or restricted to
				  leasing after the date of the conveyance, a valid location that was made before
				  the conveyance is unaffected.
(c)
				  If only a portion of the area of a mining location on state-selected land is
				  conveyed to the state, only the portion of the mining location that is on the
				  land conveyed becomes a mining claim, leasehold location, or prospecting site.
				  The portion of the area of the location on the state-selected land that is not
				  conveyed continues as a mining location on state-selected land without further
				  action by the locator, and the department will assign a unique location number
				  to that continued location.
(d) The
				  provisions of
				  AS
				  38.05.210-38.05.240
				  do not apply to locations made on state-selected land until the state receives
				  the conveyance of the selection from the federal government. The first labor
				  year for a mining claim or a leasehold location made on state-selected land
				  begins at noon on the first September 1 after the date the federal government
				  conveys the selection. For the purpose of determining the amount of annual
				  rent, a location on state-selected land is considered to have been first
				  located on the date the federal government conveys the selection through
				  tentative approval or patent, whichever occurs first.
(e) The first annual rental year for a
				  location made on state-selected land begins on the date of conveyance of the
				  selection to the state by the federal government and ends at noon on the
				  following September 1. The first annual rental payment is due on the date of
				  conveyance and must be paid within 90 days after that date. It is the locator's
				  responsibility to determine the date of conveyance. In accordance with
				  11 AAC 86.107 and
				  11 AAC 86.215(f), the locator may make a
				  one-time, non-refundable deposit of $25 for each location made on
				  state-selected land. If the state receives conveyance to the selection, the
				  department will credit the deposit to the first rental payment that becomes due
				  for the location. In the event the rental deposit amount should ever change,
				  the previous one-time nonrefundable deposit amount does not have to be adjusted
				  so the amount is the same as the new rental deposit amount. A location made on
				  state-selected land that is conveyed to the state by the federal government
				  constitutes an abandonment of the location under
				  AS
				  38.05.265 if the department has not received
				  the rental payment or rental deposit for the location within 90 days after
				  conveyance of the selection.
(f) A
				  state-selected mining claim posted on one or more unpatented federal mining
				  claims must have the written and recorded permission of the holders of the
				  unpatented federal mining claims. In accordance with
				  AS
				  38.05.275(a), written and
				  recorded permission to locate a mining claim on state-selected land located
				  within one or more active unpatented federal mining claims must be attached to
				  the location certificate, must be notarized, and must include the following
				  information:
(1) the full name of each person
				  who posted the location on the state-selected land; each person who posted must
				  be qualified to locate state mining claims under
				  AS
				  38.05.190;
(2) the full names of all owners of possessory
				  interest in the active unpatented federal claims affected by the
				  location;
(3) the claim number and
				  name of each federal claim; and
(4)
				  signed statements from the federal claim holders authorizing the locator to
				  place the state-selected location within the active unpatented federal mining
				  claims.