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(a) When the division receives a copy of a certificate of location for a location on state land that is restricted to mining under lease, the division will notify the locator of the leasing requirement.
(b) The division will publish the notice required by AS 38.05.205 (a) and subsequently mail a lease application form to the locator only when
(1) the division learns that the locator is ready to begin production or, if authorized by sec. 5, ch. 108, SLA 1981, as amended by sec. 1, ch. 90, SLA 1985, the locator is already producing;
(2) the locator requests a lease application form; or
(3) the locator of a mining claim requests a lease application form.
(c) The lease application submitted by a person described in (b) of this section must include a sworn affidavit stating, for each mining claim or leasehold location,
(1) that discovery, location, and filing were performed as required by law;
(2) the type and nature of the mineral discovery; and
(3) the position of the discovery in relation to the northeast corner of the location.
(d) The division will reject a lease application and the location will be void if the director determines, after a review of all documents that are filed, a field examination, or analysis of other information, that
(1) the requirements of AS 38.05.185 - 38.05.275 have not been met;
(2) the land was not open to location when the mining claim or leasehold location was made; or
(3) the land is closed to mining.
(e) The division will reject a lease application received
(1) for a location on state-selected land that has not been conveyed to the state by the federal government; and
(2) for other land to which the state does not hold title to the locatable mineral estate.
(f) The director will send by certified mail a copy of the notice described in (b) of this section to the holders of apparent conflicting rights as shown on state land records. Any assertion of conflicting rights must be received by the director within 30 days of the date of the notice unless the director authorizes an extension of time. The assertion of conflicting rights must be in writing and must describe:
(1) the conflicting rights asserted; and
(2) any factual or legal basis for, and documents in support of, the conflicting rights.
(g) If conflicting rights are asserted by another locator and the director decides not to adjudicate the conflict, the division will reject the lease application and advise the parties to resolve the conflict. A person may file a new lease application after the conflict between the parties has been resolved.
(h) The division may not adjudicate a lease application that does not meet the requirements of this section, or that otherwise deviates from the form provided by the division. The division will return the application to the applicant with an explanation of the reason for its return. A new lease application may be filed later.
History: Eff. 9/5/74, Register 51; am 12/31/82, Register 84; am 5/30/85, Register 94; am 5/18/90, Register 114; am 8/26/98, Register 147
Authority: AS 38.05.020
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Last modified 7/05/2006