00SENATE CS FOR HOUSE BILL NO. 462(RES)                                                                                   
01 "An Act repealing certain provisions of the laws, other than those in the Alaska                                        
02 Land Act, relating to recording requirements, labor and improvement requirements,                                       
03 and size requirements for mining claims and providing for the suspension or                                             
04 waiver of state annual mining labor requirements when the federal government                                            
05 has suspended or waived federal annual mining labor requirements administratively                                       
06 or by statute; and providing for an effective date."                                                                    
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1.  AS 27.10.060 is amended to read:                                                                       
09  Sec. 27.10.060.  EFFECT OF FAILURE TO RECORD [AND LATE                                                                
10 RECORDING].  Failure to record the certificate of location within the required 90                                       
11 days constitutes an abandonment of the claim and the ground is open to location.                                        
12 [HOWEVER, RECORDATION AFTER THE 90 DAY PERIOD BUT BEFORE THE                                                            
13 GROUND IS LOCATED BY ANOTHER, RENEWS THE LOCATION AND SAVES                                                             
14 THE RIGHTS OF THE ORIGINAL LOCATOR.]                                                                                    

01    * Sec. 2.  AS 27.10.150(c) is amended to read:                                                                       
02  (c)  If the general laws of the United States requiring annual labor upon mining                                      
03 claims in Alaska are suspended or waived, administratively or by statute, the laws                                    
04 of the state requiring annual labor under this section upon mining claims are likewise                                
05 suspended or waived upon the same terms and conditions.                                                               
06    * Sec. 3.  AS 27.10.170 is amended to read:                                                                          
07  Sec. 27.10.170.  EFFECT OF RECORDING [AND OF FAILURE TO                                                               
08 RECORD] AFFIDAVIT OF LABOR OR IMPROVEMENTS.  An affidavit recorded                                                      
09 under AS 27.10.160 is prima facie evidence of the performance of the work or of                                         
10 making the improvements stated in it.  [IF THE ASSESSMENT WORK AFFIDAVIT                                                
11 IS NOT RECORDED WITHIN SIX MONTHS AFTER THE CLOSE OF THE                                                                
12 ASSESSMENT WORK YEAR THE CLAIM IS ABANDONED AND IS SUBJECT                                                              
13 TO RELOCATION BY ANOTHER PERSON. HOWEVER, COMPLIANCE WITH                                                               
14 AS 27.10.010 - 27.10.070 AND 27.10.150 - 27.10.190 BEFORE A RELOCATION                                                  
15 SAVES THE RIGHTS OF THE LAST LOCATOR, CLAIMANT OR OWNER OF A                                                            
16 FORFEITED CLAIM.  IF A CLAIM IS NOT RELOCATED BY ANOTHER                                                                
17 PERSON WITHIN ONE YEAR AFTER A FORFEITURE, THE LAST LOCATOR,                                                            
18 CLAIMANT OR OWNER OF THE FORFEITED CLAIM MAY RETURN TO THE                                                              
19 FORFEITED CLAIM AND RELOCATE IT AS THOUGH IT HAD NEVER BEEN                                                             
20 LOCATED.]                                                                                                               
21    * Sec. 4.  AS 27.10.110 and 27.10.120 are repealed.                                                                  
22    * Sec. 5.  The amendment to AS 27.10.150(c), made in sec. 2 of this Act, is retroactive to                           
23 August 31, 1993, subject to all valid existing rights.                                                                  
24    * Sec. 6.  This Act takes effect immediately under AS 01.10.070(c).