(a) Mining locations made on state land, including shoreland, tideland, or submerged land, or state selected land, under Alaska Stat. § 38.05.185 – 38.05.275 or in the manner described in Alaska Stat. Chapter 27.10, acquire for the locator mining rights under Alaska Stat. § 38.05.185 – 38.05.275, subject to existing claims and to any denial of or restriction in the tentative approval of state selection or patent of the land to the state. If shoreland, tideland, or submerged land is included in a mining location or within the projected boundaries of a mining location made in accordance with this section, the locator shall record a certificate of location under Alaska Stat. § 38.05.195. The certificate of location must identify the position of the mining location in the system of rectangular or protracted surveys. If the mining location is made in the manner described in Alaska Stat. Chapter 27.10, the commissioner may require that the locator amend the mining location to conform with Alaska Stat. § 38.05.185 – 38.05.275 and thereafter to comply with the requirements of Alaska Stat. § 38.05.185 – 38.05.275. A mining location on state selected land located within an active unpatented federal mining claim may be located only by or with the written and recorded permission of the holder of the unpatented federal mining claim.
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Terms Used In Alaska Statutes 38.05.275

  • commissioner: means the commissioner of natural resources. See Alaska Statutes 38.05.965
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • shoreland: means land belonging to the state which is covered by nontidal water that is navigable under the laws of the United States up to ordinary high water mark as modified by accretion, erosion, or reliction. See Alaska Statutes 38.05.965
  • 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
  • submerged land: means land covered by tidal water between the line of mean low water and seaward to a distance of three geographical miles or further as may hereafter be properly claimed by the state. See Alaska Statutes 38.05.965
  • tideland: means land that is periodically covered by tidal water between the elevation of mean high water and mean low water. See Alaska Statutes 38.05.965
(b) In this section, “state selected land”

(1) means land for which the state has filed a selection application with the United States under Sec. 6 of the Alaska Statehood Act, as amended, regardless of the validity or effect of the application, if the selection described in the application has not been rejected or relinquished;
(2) does not include land described in (1) of this subsection for which a regional corporation organized under 43 U.S.C. § 1606 (a), as amended, a village corporation organized under 43 U.S.C. § 1607 (a), as amended, a Native group corporation that qualifies for a land conveyance under 43 U.S.C. § 1613 (h)(2), as amended, or a Native urban corporation that qualifies for a land conveyance under 43 U.S.C. § 1613 (h)(3), as amended, has filed a valid selection application with the United States under 43 U.S.C. § 1601 – 1641, as amended, if the selection of the corporation or group has not been rejected or relinquished.
(c) Subsection (b) of this section may not be construed to limit the director in the exercise of authority granted by Alaska Stat. § 38.05.035 (a)(11).
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