Section 11 AAC 86.115 - Locations on state-selected land(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.(g) If simultaneously recording certificates for contiguous state-selected mining claims posted on one or more active unpatented federal mining claims, the locator shall(1) attach the signed statements of authorization to each location certificate; or(2) attach the signed statements of authorization to a single certificate of location, and cross-reference that certificate of location on each other certificate of location to which the statements of authorization apply.(h) Failure to attach signed statements of authorization as specified in (g) of this section voids the claim.Eff. 9/5/74, Register 51; am 5/30/85, Register 94; am 5/18/90, Register 114; am 8/26/98, Register 147; am 4/24/99, Register 150; am 10/28/2022, Register 244, January 2023Authority:AS 27.05.010
AS 38.05.020
AS 38.05.185
AS 38.05.211
AS 38.05.275