Alaska 31st Legislature (2019-2020) Status: Enacted 2 R cosponsors

SB 155 — An Act relating to exploration and mining rights; relating to annual labor requirements with respect to mining claims and related leases; relating to statements of annual labor; defining 'labor'; and providing for an effective date.

Last action — (S) LEG FINANCE APPROPRIATION MESSAGE 4/3/20

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 21, 2020. Enacted.

Prognosis

Likely to advance 66% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Mixed recorded votes

    5 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

12 added · 12 removed

Plain-language change summary

The recent amendments to SB 155 clarify who can acquire mining rights in Alaska and streamline the process for maintaining those rights. Key changes include more detailed definitions of eligible parties, adjustments to the process for reporting annual labor, and extending the timeline for correcting deficiencies in filings. These updates aim to make it easier for potential miners and interests to comply with legal requirements, potentially enhancing exploration and mining activities in the state.

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Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2019 Session Laws & Resolves 2020 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills SB 155 Detail FullText txt SB 155:
and providing for an effective date." SPONSOR SUBSTITUTE FOR SENATE BILL NO.
and providing for an effective date." SENATE BILL NO.
10 (2) legal guardians, conservators, or trustees of citizens of the United 11 States under 18 years of age or citizens of the United States that are incapacitated 12 adults under AS 13.26 on behalf of the citizens;
10 (2) legal guardians [OR TRUSTEES] of citizens of the United States 11 under 18 years of age on behalf of the citizens;
13 (3) individuals [PERSONS] at least 18 years of age who have 14 declared their intention to become citizens of the United States;
12 (3) individuals [PERSONS] at least 18 years of age who have 13 declared their intention to become citizens of the United States;
(4) aliens at least 18 years of age if the laws of their country grant like 02 privileges to citizens of the United States;
14 (4) aliens at least 18 years of age if the laws of their country grant like privileges to citizens of the United States;
03 (5) corporations, limited liability companies, or other entities that 04 are organized under the laws of the United States or of any state or territory of the 05 United States and qualified to do business in this state;
02 (5) corporations, limited liability companies, or other entities that 03 are organized under the laws of the United States or of any state or territory of the 04 United States and qualified to do business in this state;
06 (6) trusts that are registered in this state under AS 13.36 and for 07 which at least one trustee is a person described in (1) - (5) of this subsection;
05 (6) trusts for which at least one trustee is a person described in (1) 06 - (5) of this subsection;
or 08 (7) [(6)] associations of persons described in (1) - (6) [(1) - (5)] of this 09 subsection.
or 07 (7) [(6)] associations of persons described in (1) - (6) [(1) - (5)] of this 08 subsection.
10 * Sec.
09 * Sec.
11 (b) An unqualified person who acquires an interest in exploration or mining 12 rights by conveyance or operation of law, or a person who was qualified under (a) of 13 this section at the time of location or acquisition of exploration and mining rights and 14 later becomes unqualified, may either become qualified or transfer the interest to a 15 qualified person within 90 days from the date the department sends written notice 16 under (c) of this section.
10 (b) An unqualified person who acquires an interest in exploration or mining 11 rights by conveyance or operation of law, or a person who was qualified under (a) of 12 this section at the time of acquisition and later becomes unqualified, may either 13 become qualified or transfer the interest to a qualified person within 90 days from the 14 date the department sends written notice under (c) of this section.
If the unqualified person does not cure the defect or transfer 17 the interest to a qualified person, the department may declare the interest void under 18 (d) of this section.
If the unqualified 15 person does not cure the defect or transfer the interest to a qualified person, the 16 department may declare the interest void under (d) of this section.
19 * Sec.
17 * Sec.
20 (c) If the department learns that an unqualified person has acquired an interest 21 in exploration or mining rights through conveyance or operation of law, the 22 department shall send written notice to the owner and address listed in the most recent 23 statement of annual labor filed under AS 38.05.210(b) or to the address in the deed or 24 assignment of the claim, stating that the interest will be void if the unqualified person 25 does not cure the defect or transfer the interest.
18 (c) If the department learns that an unqualified person has acquired an interest 19 in exploration or mining rights through conveyance or operation of law, the 20 department shall send written notice to the owner and address listed in the most recent 21 statement of annual labor filed under AS 38.05.210(b) or to the address in the deed or 22 assignment of the claim, stating that the interest will be void if the unqualified person 23 does not cure the defect or transfer the interest.
26 (d) The department may declare void the exploration or mining interest of a 27 person who fails to comply with (b) of this section but may not declare the interest 28 void if the person becomes qualified under (e) of this section.
24 (d) The department may declare void the exploration or mining interest of a 25 person who fails to comply with (b) of this section but may not declare the interest 26 void if the person becomes qualified under (e) of this section.
29 (e) An unqualified person may cure a defect in qualification, before or after 30 receiving notice under (c) of this section, by becoming qualified or transferring the 31 person's interest to a qualified person.
27 (e) An unqualified person may cure a defect in qualification, before or after 28 receiving notice under (c) of this section, by becoming qualified or transferring the 29 person's interest to a qualified person.
A person may not cure a defect in qualification for an exploration or mining interest that has been declared void under (d) of this 02 section.
A person may not cure a defect in qualification 30 for an exploration or mining interest that has been declared void under (d) of this 31 section.
03 (f) If an unqualified person fails to cure a defect in qualification within 90 04 days after the department sends written notice under (b) of this section, the department 05 may declare the exploration or mining interest void and the affected land becomes 06 open to location.
(f) In this section, "qualified to do business in this state" means holding a 02 certificate issued by the commissioner of commerce, community, and economic 03 development necessary to conduct business in the state.
A third party may not locate on the affected land or file a judicial 07 action to declare the exploration or mining interest invalid within those 90 days.
04 * Sec.
08 (g) In this section, "qualified to do business in this state" means holding a 09 certificate issued by the commissioner of commerce, community, and economic 10 development necessary to conduct business in the state.
11 * Sec.
12 (b) The locator may locate a claim using one of the following methods:
05 (b) The locator may locate a claim using one of the following methods:
13 (1) a locator may locate a claim based on the ground location of a 14 [COMPLETE] quarter section or quarter-quarter section of a township on a 15 rectangular survey system approved by the commissioner;
06 (1) a locator may locate a claim based on the ground location of a 07 [COMPLETE] quarter section or quarter-quarter section of a township on a 08 rectangular survey system approved by the commissioner;
a claim established in this 16 manner may be known as a [THE] meridian, township, range, section, and claim 17 system location, or MTRSC location;
a claim established in this 09 manner may be known as a [THE] meridian, township, range, section, and claim 10 system location, or MTRSC location;
a locator using the MTRSC system to locate a 18 claim shall in good faith mark the corners of a location as closely as practical to the 19 existing quarter section or quarter-quarter section of the rectangular survey system 20 approved by the commissioner;
a locator using the MTRSC system to locate a 11 claim shall in good faith mark the corners of a location as closely as practical to the 12 existing quarter section or quarter-quarter section of the rectangular survey system 13 approved by the commissioner;
the corners marked on the ground of a claim 21 established in accordance with this paragraph and regulations of the commissioner 22 control in the event of a conflict over boundaries for the quarter section or quarter- 23 quarter section on the protracted or actual survey approved by the commissioner;
the corners marked on the ground of a claim 14 established in accordance with this paragraph and regulations of the commissioner 15 control in the event of a conflict over boundaries for the quarter section or quarter- 16 quarter section on the protracted or actual survey approved by the commissioner;
a 24 valid MTRSC location establishes rights to deposits of minerals in or on all state 25 lands within the quarter section or quarter-quarter section that are open to claim 26 staking at the time of location;
a 17 valid MTRSC location establishes rights to deposits of minerals in or on all state 18 lands within the quarter section or quarter-quarter section that are open to claim 19 staking at the time of location;
or 27 (2) a locator may locate a claim based on the staking of a ground 28 location in which the claim may not exceed 1,320 feet in its longest dimension;
or 20 (2) a locator may locate a claim based on the staking of a ground 21 location in which the claim may not exceed 1,320 feet in its longest dimension;
the 29 boundaries of a claim based on staking and located after January 1, 1985, shall run in 30 the four cardinal directions unless the claim is a fractional claim or the commissioner 31 determines that staking in compliance with this paragraph is impractical because of local topography or because of the location of other claims;
the 22 boundaries of a claim based on staking and located after January 1, 1985, shall run in 23 the four cardinal directions unless the claim is a fractional claim or the commissioner 24 determines that staking in compliance with this paragraph is impractical because of 25 local topography or because of the location of other claims;
a claim established in this 02 manner may be known as a non-MTRSC location.
a claim established in this 26 manner may be known as a non-MTRSC location.
03 * Sec.
27 * Sec.
04 (d) Locations may be amended in the manner and with the effect prescribed in 05 AS 38.05.200.
28 (d) Locations may be amended in the manner and with the effect prescribed in 29 AS 38.05.200.
[ANNUAL LABOR SHALL BE PERFORMED AND STATEMENTS 06 OF ANNUAL LABOR RECORDED AS PRESCRIBED IN AS 38.05.210 - 07 38.05.235.] 08 * Sec.
[ANNUAL LABOR SHALL BE PERFORMED AND STATEMENTS 30 OF ANNUAL LABOR RECORDED AS PRESCRIBED IN AS 38.05.210 - 31 38.05.235.] * Sec.
09 (a) Labor shall be performed or improvements made annually on or for the 10 benefit or development of each mining claim, leasehold location, and mining lease on 11 state land except that, where adjacent claims, leasehold locations, or mining leases are 12 held in common and are being developed or operated under a common plan of 13 development, either alone or with adjacent mineral interests, the expenditure may 14 be made on or for the benefit of any one claim, leasehold location, or mining lease.
02 (a) Labor shall be performed or improvements made annually on or for the 03 benefit or development of each mining claim, leasehold location, and mining lease on 04 state land except that, where adjacent claims, leasehold locations, or mining leases are 05 held in common and are being developed or operated under a common plan of 06 development, either alone or with adjacent mineral interests, the expenditure may 07 be made on or for the benefit of any one claim, leasehold location, or mining lease.
15 The commissioner shall establish the date of the commencement of the year during 16 which the labor or improvements are to be performed.
08 The commissioner shall establish the date of the commencement of the year during 09 which the labor or improvements are to be performed.
Labor shall be performed at the 17 following annual rates:
Labor shall be performed at the 10 following annual rates:
(1) $100 for each [PER] claim, leasehold location, or lease if 18 the claim, leasehold location, or lease is a quarter-quarter section MTRSC claim, 19 leasehold location, or lease;
(1) $100 for each [PER] claim, leasehold location, or lease if 11 the claim, leasehold location, or lease is a quarter-quarter section MTRSC claim, 12 leasehold location, or lease;
(2) $400 for each quarter section MTRSC claim, 20 leasehold location, or lease;
(2) $400 for each quarter section MTRSC claim, 13 leasehold location, or lease;
and (3) $100 for each partial or whole 40 acres of each 21 mining claim, leasehold location, or lease not established using the MTRSC system.
and (3) $100 for each partial or whole 40 acres of each 14 mining claim, leasehold location, or lease not established using the MTRSC system.
If 22 more work is performed than is required by this section to be performed in any one 23 year, the excess value may be applied against labor required to be done during the 24 subsequent year or years, for as many as four years.
If 15 more work is performed than is required by this section to be performed in any one 16 year, the excess value may be applied against labor required to be done during the 17 subsequent year or years, for as many as four years.
For not more than five 25 consecutive years, instead [INSTEAD] of performing annual labor, the holder of a 26 claim, leasehold location, or mining lease may make a cash payment to the state equal 27 to the value of the labor required by this subsection.
For not more than five 18 consecutive years, instead [INSTEAD] of performing annual labor, the holder of a 19 claim, leasehold location, or mining lease may make a cash payment to the state equal 20 to the value of the labor required by this subsection.
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28 * Sec.
21 * Sec.
29 (b) During the year in which annual labor is required or within 90 days after 30 the close of that year, the owner of the mining claim, leasehold location, or mining 31 lease, or some other person having knowledge of the facts, shall record with the recorder of the district in which the claim, leasehold location, or mining lease is 02 located a signed statement of annual labor.
22 (b) During the year in which annual labor is required or within 90 days after 23 the close of that year, the owner of the mining claim, leasehold location, or mining 24 lease, or some other person having knowledge of the facts, shall record with the 25 recorder of the district in which the claim, leasehold location, or mining lease is 26 located a signed statement of annual labor.
The individual who signs the statement 03 shall certify that, to the best of the individual's knowledge, the information 04 contained in the statement is true and correct.
The individual who signs the statement 27 shall certify that, to the best of the individual's knowledge, the information 28 contained in the statement is true and correct.
The statement must include 05 [SETTING OUT] the following information:
The statement must include 29 [SETTING OUT] the following information:
06 (1) the assessment work year for which the statement is being 07 recorded;
30 (1) the assessment work year for which the statement is being 31 recorded;
08 (2) the name of and land administration number assigned by the 09 department for each mining claim, leasehold location, or mining lease benefited 10 by the labor;
(2) the name of and land administration number assigned by the 02 department for each mining claim, leasehold location, or mining lease benefited 03 by the labor;
11 (3) each meridian, township, range, and section in which a mining 12 claim, leasehold location, or mining lease is located;
04 (3) each meridian, township, range, and section in which a mining 05 claim, leasehold location, or mining lease is located;
13 (4) the recording district in which the mining claim, leasehold 14 location, or mining lease is located;
06 (4) the recording district in which the mining claim, leasehold 07 location, or mining lease is located;
15 (5) the total amount of work required for the assessment work 16 year for a mining claim, leasehold location, or mining lease described in the 17 statement;
08 (5) the total amount of work required for the assessment work 09 year for a mining claim, leasehold location, or mining lease described in the 10 statement;
18 (6) a description of the labor performed during the assessment 19 work year;
11 (6) a description of the labor performed during the assessment 12 work year;
20 (7) the value of 21 (A) the labor performed during the assessment work year;
13 (7) the value of the labor performed during the assessment work 14 year;
22 (B) any excess labor value from a previous year applied 23 against the labor required;
15 (8) the name and mailing address of an owner designated to 16 receive notices regarding a mining claim, leasehold location, or mining lease [, AS 17 MAY BE REQUIRED BY THE COMMISSIONER, CONCERNING THE ANNUAL 18 LABOR OF THE PRECEDING YEAR, ANY LABOR IN EXCESS OF THAT 19 REQUIRED FOR THE PRECEDING YEAR, AND ANY PAYMENT OF CASH 20 INSTEAD OF ANNUAL LABOR.
or 24 (C) any cash payment to the state equal to the value of the 25 annual labor required under (a) of this section;
THE STATEMENT, PROPERLY RECORDED, 21 IS PRIMA FACIE EVIDENCE OF THE PERFORMANCE OF THE LABOR.
26 (8) the name and mailing address of an owner designated to 27 receive notices regarding a mining claim, leasehold location, or mining lease [, AS 28 MAY BE REQUIRED BY THE COMMISSIONER, CONCERNING THE ANNUAL 29 LABOR OF THE PRECEDING YEAR, ANY LABOR IN EXCESS OF THAT 30 REQUIRED FOR THE PRECEDING YEAR, AND ANY PAYMENT OF CASH 31 INSTEAD OF ANNUAL LABOR.
THE 22 FAILURE OF ONE OF SEVERAL CO-OWNERS TO CONTRIBUTE THE 23 PROPORTION OF THE EXPENDITURES REQUIRED FOR ANNUAL LABOR 24 FROM THE CO-OWNER SHALL BE TREATED IN ACCORDANCE WITH 25 AS 38.05.215 - 38.05.235].
THE STATEMENT, PROPERLY RECORDED, IS PRIMA FACIE EVIDENCE OF THE PERFORMANCE OF THE LABOR.
26 * Sec.
THE 02 FAILURE OF ONE OF SEVERAL CO-OWNERS TO CONTRIBUTE THE 03 PROPORTION OF THE EXPENDITURES REQUIRED FOR ANNUAL LABOR 04 FROM THE CO-OWNER SHALL BE TREATED IN ACCORDANCE WITH 05 AS 38.05.215 - 38.05.235].
06 * Sec.
07 (c) The statement of annual labor required in (b) of this section, whether 08 recorded before or after the effective date of this Act, may be corrected or 09 amended at any time before the department declares a mining claim or leasehold 10 location invalid.
27 (c) The statement of annual labor required in (b) of this section, whether 28 recorded before or after the effective date of this Act, may be corrected or 29 amended at any time, regardless of when the statement of annual labor was 30 recorded.
A corrected or [WITHIN TWO YEARS OF THE DATE BY 11 WHICH THE ANNUAL LABOR STATEMENT WAS REQUIRED TO BE 12 RECORDED.
A corrected or [WITHIN TWO YEARS OF THE DATE BY WHICH 31 THE ANNUAL LABOR STATEMENT WAS REQUIRED TO BE RECORDED.
AN] amended statement of annual labor shall be recorded [FOR 13 RECORD] in the same manner as the original statement.
AN] amended statement of annual labor shall be recorded [FOR RECORD] in the 02 same manner as the original statement.
Additional labor claimed in a 14 corrected or [AN] amended statement may not be applied against labor required to be 15 done during a subsequent year.
Additional labor claimed in a corrected or 03 [AN] amended statement may not be applied against labor required to be done during 04 a subsequent year.
A corrected statement following notice of deficiency 16 under (g) of this section shall be recorded within 90 days after the notice is sent.
05 * Sec.
17 * Sec.
18 (e) A single statement of annual labor may be recorded for labor performed on 19 or for the benefit of more than one mining claim, leasehold location, or mining lease.
06 (e) A statement of annual labor, timely recorded, is prima facie evidence of 07 the performance of the labor.
20 (f) A statement of annual labor, timely recorded, is prima facie evidence of the 21 performance of the labor.
08 (f) The department may not declare a mining claim or leasehold location 09 invalid based on a deficiency in a statement of annual labor until 90 days after the date 10 the department sends written notice to the owner of the mining claim or leasehold 11 location at the address provided in the most recent statement of annual labor recorded 12 under (b) of this section.
22 (g) The department may not declare a mining claim or leasehold location 23 invalid based on a deficiency in a statement of annual labor until 90 days after the date 24 the department sends written notice regarding a deficiency in the statement to the 25 owner of the mining claim or leasehold location by certified mail, return receipt 26 requested, to the most recent address on file with the department.
The department is not required to review whether a statement 13 of annual labor meets the requirements in (b) of this section or regulations adopted by 14 the department to implement this chapter.
The department shall 27 send an additional copy of the notice by regular mail.
15 (g) A decision by the department or an action brought by a third party to 16 declare a mining claim, leasehold location, or mining lease invalid based on a 17 deficiency in a statement of annual labor must be issued or commenced not later than 18 five years after the date the statement of annual labor is recorded.
28 (h) If a person fails to correct a deficient statement of annual labor within 90 29 days after notice is sent under (g) of this section, the department may declare the 30 mining claim or leasehold location invalid and the affected land becomes open to 31 location.
19 (h) The failure of one of several co-owners to contribute the proportion of the 20 expenditures required for annual labor from the co-owner shall be treated in 21 accordance with AS 38.05.215 - 38.05.235.
A third party may not locate on the affected land or file a judicial action to declare the mining claim or leasehold location invalid within those 90 days.
22 * Sec.
02 (i) The department may not declare a mining claim, leasehold location, or 03 mining lease invalid based on a deficiency in a statement of annual labor, or a judicial 04 action seeking invalidation as the result of a deficiency in a statement of annual labor, 05 later than five years after the date the deficient statement of annual labor is recorded.
06 (j) Prior to an allegation of a deficiency in a statement of annual labor, the 07 department is not required to review whether a statement of annual labor meets the 08 requirements in (b) of this section or regulations adopted by the department to 09 implement this chapter.
10 (k) The failure of one of several co-owners to contribute the proportion of the 11 expenditures required for annual labor from the co-owner shall be treated in 12 accordance with AS 38.05.215 - 38.05.235.
13 * Sec.
14 Sec.
23 Sec.
In AS 38.05.210 15 - 38.05.235, "labor" includes work performed or improvements made in good faith 16 on or for the benefit of a mining claim, leasehold location, or mining lease that is 17 directly related to prospecting for, developing, or producing minerals, including 18 (1) excavating, tunneling, drilling, or clearing land in support of 19 prospecting for, developing, or producing minerals;
In AS 38.05.210 24 - 38.05.235, "labor" includes 25 (1) work performed or improvements made in good faith on or for 26 the benefit of a mining claim, leasehold location, or mining lease that is directly 27 related to prospecting, developing, or producing minerals;
20 (2) constructing or maintaining roads, trails, or landing strips;
28 (2) costs of persons, materials, services, and equipment used for 29 activities for the benefit of a mining claim, leasehold location, or mining lease, 30 including 31 (A) prospecting for minerals;
21 (3) extracting or producing ore;
(B) excavating, tunneling, drilling, or clearing brush or 02 timber;
22 (4) performing a metallurgical analysis, an environmental study, 23 or an economic feasibility study, or conducting engineering or permitting 24 activity;
03 (C) constructing or maintaining roads, trails, or landing 04 strips;
25 (5) constructing settling ponds, water supplies, or other utilities;
05 (D) extracting or producing ore;
26 (6) providing worker housing;
06 (E) performing a metallurgical analysis, an environmental 07 study, or an economic feasibility study, or conducting engineering or 08 permitting activity;
27 (7) performing reclamation activities under a reclamation plan 28 approved under AS 27.19.030;
09 (F) constructing settling ponds, water supplies, or other 10 utilities;
29 (8) transporting workers and equipment in the state to or from a 30 mining site;
11 (G) providing worker housing;
the claimed value of transportation under this subparagraph may 31 not exceed 50 percent of the total value of labor in a statement of annual labor recorded under AS 38.05.210(b) for the assessment year;
12 (H) performing reclamation activities under a reclamation 13 plan approved under AS 27.19.030;
02 (9) conducting a geological, geochemical, geophysical, or [AND] 03 airborne survey [SURVEYS CONDUCTED] by a qualified expert [EXPERTS] and 04 verified by a [DETAILED] report filed in the recording district office in which the 05 claim, leasehold location, or mining lease is located that [WHICH] sets out 06 (A) [FULLY (1)] the location of the survey [WORK 07 PERFORMED] in relation to the [POINT OF DISCOVERY AND] boundaries 08 of the claim, leasehold location, or mining lease;
14 (I) transporting workers and equipment in the state to or 15 from a mining site;
09 (B) [, (2)] the nature, extent, and cost of the survey;
the claimed value of transportation under this 16 subparagraph may not exceed 50 percent of the total value of labor in a 17 statement of annual labor recorded under AS 38.05.210(b) for the 18 assessment year;
[IT,] and 10 (C) [(3)] the name, address, and professional background of the 11 person conducting the work;
19 (J) conducting a geological, geochemical, geophysical, or 20 [AND] airborne survey [SURVEYS CONDUCTED] by a qualified expert 21 [EXPERTS] and verified by a [DETAILED] report filed in the recording 22 district office in which the claim, leasehold location, or mining lease is located 23 that [WHICH] sets out 24 (i) [FULLY (1)] the location of the survey [WORK 25 PERFORMED] in relation to the [POINT OF DISCOVERY AND] 26 boundaries of the claim, leasehold location, or mining lease;
27 (ii) [, (2)] the nature, extent, and cost of the survey;
28 [IT,] and 29 (iii) [(3)] the name, address, and professional 30 background of the person conducting the work;
THE] commissioner, by regulation, shall 12 define the nature of acceptable survey work and the qualifications of a person 13 competent to perform the [THIS] work;
THE] 31 commissioner, by regulation, shall define the nature of acceptable survey work and the qualifications of a person competent to perform 02 the [THIS] work;
THE] airborne survey 14 conducted under this paragraph [SURVEYS, HOWEVER, MAY NOT BE 15 APPLIED AS LABOR FOR MORE THAN TWO CONSECUTIVE YEARS 16 OR FOR MORE THAN A TOTAL OF FIVE YEARS ON ANY ONE 17 MINING CLAIM, LEASEHOLD LOCATION, OR MINING LEASE, AND 18 EACH OF THOSE SURVEYS] shall be nonrepetitive of any previous survey 19 on the same claim, leasehold location, or mining lease.
THE] airborne survey conducted under this 03 subparagraph [SURVEYS, HOWEVER, MAY NOT BE APPLIED 04 AS LABOR FOR MORE THAN TWO CONSECUTIVE YEARS OR 05 FOR MORE THAN A TOTAL OF FIVE YEARS ON ANY ONE 06 MINING CLAIM, LEASEHOLD LOCATION, OR MINING LEASE, 07 AND EACH OF THOSE SURVEYS] shall be nonrepetitive of any 08 previous survey on the same claim, leasehold location, or mining lease.
20 * Sec.
09 * Sec.
AS 38.05.265 is amended to read:
AS 38.05.265(a) is amended to read:
21 Sec.
10 (a) Failure to perform the labor or make improvements or make a 11 payment in lieu of labor under AS 38.05.210(a), timely [PROPERLY] record a 12 certificate of location or [A] statement of annual labor, timely pay any required annual 13 rental, or timely pay any required production royalty under AS 38.05.212 [AS 14 REQUIRED BY AS 38.05.185 - 38.05.200, 38.05.210 - 38.05.245, 38.05.252 - 15 38.05.275, AND BY REGULATIONS ADOPTED UNDER THESE SECTIONS] 16 constitutes abandonment of all rights acquired under the mining claim, leasehold 17 location, or prospecting site involved, and the claim, leasehold location, or prospecting 18 site is subject to relocation by others, unless the failure constituting the abandonment 19 is cured under (b) of this section.
38.05.265.
A locator or claimant of an abandoned location or a 20 successor in interest may not relocate the claim, leasehold location, or prospecting site 21 until one year after abandonment.
Abandonment.
The locator of an abandoned prospecting site may 22 locate a claim or leasehold location on that site at any time.
(a) Failure to perform the labor or make 22 improvements or make a payment in lieu of labor under AS 38.05.210(a), timely 23 [PROPERLY] record a certificate of location or [A] statement of annual labor, timely 24 pay any required annual rental, or timely pay any required production royalty under 25 AS 38.05.212 [AS REQUIRED BY AS 38.05.185 - 38.05.200, 38.05.210 - 38.05.245, 26 38.05.252 - 38.05.275, AND BY REGULATIONS ADOPTED UNDER THESE 27 SECTIONS] constitutes abandonment of all rights acquired under the mining claim, 28 leasehold location, or prospecting site involved, and the claim, leasehold location, or 29 prospecting site is subject to relocation by others, unless the failure constituting the 30 abandonment is cured under (b) of this section.
[A STATEMENT OF 23 ANNUAL LABOR THAT DOES NOT ACCURATELY SET OUT THE 24 ESSENTIAL FACTS IS VOID AND OF NO EFFECT.] If an annual rental or a 25 royalty payment is deficient but is otherwise timely paid, abandonment does not result 26 if full payment is made within 27 (1) the period prescribed by a deficiency notice from the department 28 [COMMISSIONER];
A locator or claimant of an abandoned 31 location or a successor in interest may not relocate the claim, leasehold location, or prospecting site until one year after abandonment.
or 29 (2) 30 days after a final judgment establishing the amount due if the 30 deficiency amount due was contested.
The locator of an abandoned 02 prospecting site may locate a claim or leasehold location on that site at any time.
31 * Sec.
[A 03 STATEMENT OF ANNUAL LABOR THAT DOES NOT ACCURATELY SET 04 OUT THE ESSENTIAL FACTS IS VOID AND OF NO EFFECT.] If an annual rental 05 or a royalty payment is deficient but is otherwise timely paid, abandonment does not 06 result if full payment is made within 07 (1) the period prescribed by a deficiency notice from the department 08 [COMMISSIONER];
or 09 (2) 30 days after a final judgment establishing the amount due if the 10 deficiency amount due was contested.
11 (b) Unless another person has located a mining claim or leasehold location 12 that includes all or part of the mining claim or leasehold location abandoned under (a) 13 of this section or the area is closed to mineral location under AS 38.05.185 - 14 38.05.275, a person may cure the failure to record or pay rents or royalties that 15 constituted the abandonment and cure the abandonment by 16 (1) properly recording a certificate of location or a statement of annual 17 labor, paying any required annual rental, and paying any required production royalty;
18 and 19 (2) paying a penalty equal to the annual rent for the mining claim or 20 leasehold location that was abandoned under (a) of this section.
21 * Sec.
AS 38.05.270 is amended to read:
22 Sec.
38.05.270.
Transfers.
The sale, lease, or other transfer of mining property 23 or interest in mining property shall be recorded [OR SHALL BE APPROVED BY 24 THE DIRECTOR IN COMPLIANCE WITH SUCH REGULATIONS AS THE 25 COMMISSIONER MAY ADOPT].
The heirs and assigns of mining property or 26 interest in mining property have the same rights and duties as their predecessors.
27 * Sec.
13.
28 (a) Mining locations made on state land, including shoreland, tideland, or 29 submerged land, or state selected land, under AS 38.05.185 - 38.05.275 or in the 30 manner described in AS 27.10, acquire for the locator mining rights under 31 AS 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.
(a) Mining locations made on state land, including shoreland, tideland, or 02 submerged land, or state selected land, under AS 38.05.185 - 38.05.275 or in the 03 manner described in AS 27.10, acquire for the locator mining rights under 04 AS 38.05.185 - 38.05.275, subject to existing claims and to any denial of or restriction 05 in the tentative approval of state selection or patent of the land to the state.
If 02 shoreland, tideland, or submerged land is included in a mining location or within the 03 projected boundaries of a mining location made in accordance with this section, the 04 locator shall record a certificate of location under AS 38.05.195.
If 06 shoreland, tideland, or submerged land is included in a mining location or within the 07 projected boundaries of a mining location made in accordance with this section, the 08 locator shall record a certificate of location under AS 38.05.195.
The certificate of 05 location must identify the position of the mining location in the system of rectangular 06 or protracted surveys.
The certificate of 09 location must identify the position of the mining location in the system of rectangular 10 or protracted surveys.
If the mining location is made in the manner described in 07 AS 27.10, the commissioner may require that the locator amend the mining location to 08 conform with AS 38.05.185 - 38.05.275 and thereafter to comply with the 09 requirements of AS 38.05.185 - 38.05.275.
If the mining location is made in the manner described in 11 AS 27.10, the commissioner may require that the locator amend the mining location to 12 conform with AS 38.05.185 - 38.05.275 and thereafter to comply with the 13 requirements of AS 38.05.185 - 38.05.275.
A mining location on state selected land 10 located within an active unpatented federal mining claim may be located only by 11 or with the written and recorded permission of the holder of the unpatented 12 federal mining claim.
A mining location on state selected land 14 located within an active unpatented federal mining claim may be located only by 15 or with the written and recorded permission of the holder of the unpatented 16 federal mining claim.
13 * Sec.
17 * Sec.
14.
13.
The uncodified law of the State of Alaska is amended by adding a new section to 14 read:
The uncodified law of the State of Alaska is amended by adding a new section to 18 read:
15 APPLICABILITY.
19 APPLICABILITY.
8 of this Act, applies to 16 statements of annual labor filed before, on, or after the effective date of this Act.
8 of this Act, applies to 20 statements of annual labor filed before, on, or after the effective date of this Act.
17 (b) AS 38.05.210(e) - (i), enacted by sec.
21 (b) AS 38.05.210(e) - (g), enacted by sec.
9 of this Act, apply to all pending claims or 18 actions filed before, on, or after the effective date of this Act.
9 of this Act, apply to all pending claims or 22 actions filed before, on, or after the effective date of this Act.
19 (c) AS 38.05.275(a), as amended by sec.
23 (c) AS 38.05.275(a), as amended by sec.
13 of this Act, applies to mining locations 20 made on state selected land on or after July 1, 2020.
12 of this Act, applies to mining locations 24 made on state selected land on or after July 1, 2020.
21 * Sec.
25 * Sec.
14.
The uncodified law of the State of Alaska is amended by adding a new section to 26 read:
27 TRANSITION.
Until the Department of Natural Resources adopts regulations 28 consistent with the changes made in this Act, the Department of Natural Resources may not 29 declare a mining claim, leasehold location, or prospecting site abandoned under 30 AS 38.05.265, as amended by sec.
11 of this Act, on the basis that a statement of annual labor 31 fails to include the information required by AS 38.05.210, as amended by secs.
6 - 9 of this Act.
02 * Sec.
The uncodified law of the State of Alaska is amended by adding a new section to 22 read:
23 TRANSITION.
Until the Department of Natural Resources adopts regulations 24 consistent with the changes made in this Act, the Department of Natural Resources may not 25 declare a mining claim, leasehold location, or prospecting site abandoned under 26 AS 38.05.265, as amended by sec.
11 of this Act, on the basis that a statement of annual labor 27 fails to include the information required by AS 38.05.210, as amended by secs.
6 - 9 of this 28 Act.
29 * Sec.
16.
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Action History

  1. (S) LEG FINANCE APPROPRIATION MESSAGE 4/3/20

  2. (S) EFFECTIVE DATE(S) OF LAW 4/30/20

  3. (S) Signed into law 4/29 CHAPTER 31 SLA 20

  4. (S) MANIFEST ERROR(S)

  5. (S) 10:15 A.M. 4/13/20 Transmitted to Governor

  6. (H) FN1: (DNR)

  7. (H) FN(S) ATTACHED TO APPROP. BILL HB 205

  8. (H) LEG FINANCE APPROPRIATION MESSAGE 4/3/20

  9. (H) CROSS SPONSOR(S): LEBON

  10. (H) VERSION: CSSSSB 155(RES)

  11. (H) RETURN TO (S), TRANSMIT TO GOV NEXT

  12. (H) EFFECTIVE DATE(S) SAME AS PASSAGE

  13. (H) PASSED Y33 N1 E4 A2

  14. (H) Read the third time CSSSSB 155(RES)

  15. (H) CROSS SPONSOR(S): KOPP

  16. (H) ADVANCED TO THIRD READING 3/26 CALENDAR

  17. (H) Read the second time

  18. (H) RULES TO CALENDAR 3/25/2020

  19. (H) Minutes (HFIN)

  20. (H) Moved CSSSSB 155(RES) Out of Committee -- Recessed to a Call of the Chair --

  21. (H) FINANCE at 09:00 AM ADAMS 519

  22. (H) FN1: (DNR)

  23. (H) NR: MERRICK, JOSEPHSON, SULLIVAN-LEONARD, TILTON

  24. (H) DP: WOOL, LEBON, KNOPP, JOHNSTON, FOSTER

  25. (H) FIN RPT 5DP 4NR

  26. (H) Minutes (HFIN)

  27. (H) Heard & Held -- Continued from 03/21/20 --

  28. (H) FINANCE at 11:00 AM ADAMS 519

  29. (H) FIN WAIVED PUBLIC HEARING NOTICE, RULE 23(A) (PSD) Y22 N9 E6 A3

  30. (H) W/ SB 55, SB 134, SB 172

  31. (H) MOTION TO WAIVE FIN PUBLIC HEARING NOTICE, RULE 23(A)

  32. (H) MOTION TO WAIVE RULE 23(A) WITHDRAWN

  33. (H) WAIVE FIN PUBLIC HEARING NOTICE, RULE 23(A) (FLD) Y22 N10 E6 A2

  34. (H) MOTION DIVIDE QUESTION W/O SB 52 (PSD) Y17 N15 E6 A2

  35. (H) MOTION DIVIDE QUESTION W/O SB 172 (FLD) Y15 N17 E6 A2

  36. (H) W/ SB 52, SB 55, SB 134, SB 172

  37. (H) MOTION TO WAIVE FIN PUBLIC HEARING NOTICE, RULE 23(A)

  38. (H) FIN

  39. (H) Read the first time - REFERRALS

  40. (S) VERSION: CSSSSB 155(RES)

  41. (S) TRANSMITTED TO (H)

  42. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  43. (S) PASSED Y16 N- E4

  44. (S) COSPONSOR(S): MICCICHE, COGHILL, STEDMAN, REVAK, GIESSEL

  45. (S) Read the third time CSSSSB 155(RES)

  46. (S) ADVANCED TO THIRD READING UC

  47. (S) RES CS ADOPTED UC

  48. (S) Read the second time

  49. (S) RULES TO CALENDAR 3/19/2020

  50. (S) Minutes (SFIN)

  51. (S) Moved CSSSSB 155(RES) Out of Committee

  52. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  53. (S) FN1: (DNR)

  54. (S) NR: WIELECHOWSKI, OLSON

  55. (S) DP: STEDMAN, VON IMHOF, HOFFMAN, WILSON, BISHOP

  56. (S) FIN RPT CS(RES) 5DP 2NR

  57. (S) Minutes (SFIN)

  58. (S) Heard & Held

  59. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  60. (S) FN1: (DNR)

  61. (S) DP: MICCICHE, BISHOP, REVAK, KIEHL, COGHILL

  62. (S) RES RPT CS 5DP SAME TITLE

  63. (S) Minutes (SRES)

  64. (S) Moved CSSSSB 155(RES) Out of Committee

  65. (S) RESOURCES at 03:30 PM BUTROVICH 205

  66. (S) Minutes (SRES)

  67. (S) Heard & Held

  68. (S) RESOURCES at 03:30 PM BUTROVICH 205

  69. (S) Minutes (SRES)

  70. (S) Heard & Held

  71. (S) RESOURCES at 03:30 PM BUTROVICH 205

  72. (S) Minutes (SRES)

  73. (S) Heard & Held

  74. (S) RESOURCES at 03:30 PM BUTROVICH 205

  75. (S) RES, FIN

  76. (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS

  77. (S) RES, FIN

  78. (S) Read the first time - REFERRALS

Sponsors

  • Micciche · Cosponsor
  • Coghill · Cosponsor
  • Bert Stedman · Cosponsor
  • Revak · Cosponsor
  • Cathy Giessel · Cosponsor
  • BISHOP · Primary

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 59 not signed on

Sponsors (1)

  • BISHOP

Co-sponsors (5)

Not signed on (59)

59 members have not signed on to this bill.

Show all 59 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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labor agriculture
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Frequently asked questions

Who sponsors SB 155?
SB 155 is sponsored by Micciche, Coghill, Bert Stedman (R), Revak, Cathy Giessel (R), and BISHOP.
What is the current status of SB 155?
This bill has been enacted into law. Introduced January 21, 2020. Enacted.
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