(a) The acquisition and continuance of rights in and to deposits on stateland of minerals, which on January 3, 1959, were subject to location under the mining laws of the United States, shall be governed by Alaska Stat. § 38.05.185 – 38.05.275. Nothing in Alaska Stat. § 38.05.185 – 38.05.275 affects the law pertaining to the acquisition of rights to mineral deposits owned by any other person or government. The director, with the approval of the commissioner, shall determine that land from which mineral deposits may be mined only under lease, and, subject to the limitations of Alaska Stat. § 38.05.300, that land that shall be closed to location under Alaska Stat. § 38.05.185 – 38.05.275. State land may not be closed to location under Alaska Stat. § 38.05.185 – 38.05.275 except as provided in Alaska Stat. § 38.05.300 and unless the commissioner makes a finding that mining would be incompatible with significant surface uses on the state land. State land may not be restricted to mining under lease unless the commissioner determines that potential use conflicts on the state land require that mining be allowed only under written leases issued under Alaska Stat. § 38.05.205 or the commissioner has determined that the land was mineral in character at the time of state selection. The determinations required under this subsection shall be made in compliance with land classification orders and land use plans developed under Alaska Stat. § 38.05.300.
Continuance: Putting off of a hearing ot trial until a later time.
director: means the director of the division of lands of the Department of Natural Resources. See Alaska Statutes 38.05.965
land: means all land, including shoreland, tideland , and submerged land, or resources belonging to or acquired by the state. See Alaska Statutes 38.05.965
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) The failure on the part of a mining lessee or a locator to comply strictly with Alaska Stat. § 38.05.185 – 38.05.275 and regulations adopted under those sections does not invalidate the rights of a mining lessee or a locator if it appears to the satisfaction of the commissioner that the mining lessee or the locator complied as nearly as possible under the circumstances of the case, and that no conflicting rights are asserted by any other person.(c) Unless otherwise provided, the usages and interpretations applicable to the mining laws of the United States as supplemented by state law apply to Alaska Stat. § 38.05.185 – 38.05.275.
