00 CS FOR HOUSE BILL NO. 331(RES)                                                                                          
01 "An Act relating to mining; and providing for an effective date."                                                       
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.                                                              
05    * Sec. 2.  RETROSPECTIVE EFFECT.  The amendment made by this Act is retroactive                                      
06 to May 2, 1959, the effective date of ch. 169, SLA 1959, and applies to exempt the state, its                           
07 lessees, successors, and assigns, including but not limited to an applicant for a lease or                              
08 contract from the state for the purpose of prospecting for valuable minerals, or an applicant                           
09 for an option, contract, or lease for mining coal or lease for extracting geothermal resources,                         
10 petroleum, or natural gas, from liability for damages sustained by a landowner by reason of                             
11 an entry upon the land under AS 38.05.130 to post mining location corners when the entry on                             
12 the land is authorized by AS 38.05.195, 38.05.205, or 38.05.245 and the entry on the land was                           
13 made on or after May 2, 1959.                                                                                           
14    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).