00 HOUSE BILL NO. 331                                                                                                      
01 "An Act relating to mining."                                                                                            
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 38.05.130 is amended to read:                                                                       
04  Sec. 38.05.130.  DAMAGES AND POSTING OF BOND.  Except for entry                                                      
05 to post mining location corners under AS 38.05.195, 38.05.205, or 38.05.245, rights                                    
06 [RIGHTS] may not be exercised by the state, its lessees, successors, or assigns under                                 
07 the reservation as set out in AS 38.05.125 until the state, its lessees, successors, or                                 
08 assigns make provision to pay the owner of the land full payment for all damages                                        
09 sustained by the owner [,] by reason of entering upon the land.  If the owner for any                                   
10 cause refuses or neglects to settle the damages, the state, its lessees, successors,                                    
11 assigns, or an applicant for a lease or contract from the state for the purpose of                                      
12 prospecting for valuable minerals, or option, contract, or lease for mining coal or lease                             
13 for extracting geothermal resources, petroleum, or natural gas, may enter upon the land                               
14 in the exercise of the reserved rights after posting a surety bond determined by the                                    
01 director, after notice and an opportunity to be heard, to be sufficient as to form,                                     
02 amount, and security to secure to the owner payment for damages, and may institute                                      
03 legal proceedings in a court where the land is located, as may be necessary to                                          
04 determine the damages that [WHICH] the owner may suffer.