Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 90 - Surface Coal Mining › Article 6 › 11 AAC 90.124 - Processing a request for valid existing rights

Current through May 31, 2024
(a) A person
				  seeking a valid existing rights determination for federal lands described in
				  AS
				  27.21.260(d)(1) or for
				  national forests must submit the request directly to the United States
				  Secretary of the Interior. Requests for determinations on non-federal lands may
				  be submitted to the commissioner.
(b) When the commissioner makes a valid
				  existing rights determination on non-federal lands the procedures under (c) -
				  (h) of this section apply.
(c) The
				  applicant or permittee must submit a request for a valid existing rights
				  determination to the department if the applicant or permittee intends to
				  conduct surface coal mining operations on the basis of a valid existing right
				  under 11 AAC 90.121 or is seeking to confirm the right to do so. A person may
				  submit a request for a valid existing rights determination before preparing and
				  submitting an application for a permit or boundary revision for the land. A
				  person submitting a request for a valid existing rights determination under 11 AAC 90.123(c) and this section must provide
(1) a property rights demonstration under 11 AAC 90.123(c)(1) if the person successfully obtained all permits and
				  authorizations required to conduct surface coal mining on the land or under 11 AAC 90.123(c)(2) if the person successfully obtained all permits and
				  authorizations to conduct surface coal mining on immediately adjacent land and
				  the land is needed for the use of the permitted property; this demonstration
				  must include the following items:
(A) a legal
				  description of the land at issue;
(B) complete documentation of the character
				  and extent of the current interests in the surface and mineral estates of the
				  land at issue;
(C) a complete chain
				  of title for the surface and mineral estates of the land to which the request
				  pertains;
(D) a description of the
				  nature and effect of each title instrument that forms the basis for the
				  request, including any provision pertaining to the type or method of mining or
				  mining-related surface disturbances and facilities;
(E) a description of the type and extent of
				  surface coal mining operations that the applicant or permittee claims the right
				  to conduct under previous authorizations, including the method of mining, any
				  mining-related surface activities and facilities, and an explanation of how
				  those operations would be consistent with state property law;
(F) complete documentation of the nature and
				  ownership, as of the date that the land came under the protection of
				  AS
				  27.21.260 and 11 AAC 90.121, of all property
				  rights for the surface and mineral estates of the land to which the request
				  pertains;
(G) names and addresses
				  of the current owners of the surface and mineral estates of the land to which
				  the request pertains;
(H) if the
				  coal interests have been severed from other property interests, documentation
				  that the owners of other property interests in the land to which the request
				  pertains have been notified and provided reasonable opportunity to comment on
				  the validity of the applicant's or permittee's property rights claims;
				  and
(I) any comments received in
				  response to the notification provided under (H) of this paragraph;