SCS CSHB 213(RES): "An Act prohibiting the commissioner of natural resources from permanently classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 contiguous acres except in certain situations; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 213(RES) 01 "An Act prohibiting the commissioner of natural resources from permanently 02 classifying state land, water, or land and water so that mining, mineral entry and 03 location, mineral prospecting, and mineral leasing are precluded or are designated 04 an incompatible use without an act of the legislature if the area involved contains 05 more than 640 contiguous acres except in certain situations; and providing for 06 an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 38.05.185(a) is amended to read: 09 (a) The acquisition and continuance of rights in and to deposits on state land 10 of minerals, which on January 3, 1959, were subject to location under the mining laws 11 of the United States, shall be governed by AS 38.05.185 - 38.05.275. Nothing in 12 AS 38.05.185 - 38.05.275 affects the law pertaining to the acquisition of rights to 13 mineral deposits owned by any other person or government. The director, with the 14 approval of the commissioner, shall determine that land from which mineral deposits
01 may be mined only under lease, and, subject to the limitations of AS 38.05.300, that 02 land that [WHICH] shall be closed to mining. State land may not be closed to mining 03 or mineral location except as provided in AS 38.05.300 and unless the commissioner 04 makes a finding that mining would be incompatible with significant surface uses on 05 the state land. State land may not be restricted to mining under lease unless the 06 commissioner determines that potential use conflicts on the state land require that 07 mining be allowed only under written leases issued under AS 38.05.205 or the 08 commissioner has determined that the land was mineral in character at the time of state 09 selection. The determinations required under this subsection shall be made in 10 compliance with land classification orders and land use plans developed under 11 AS 38.05.300. 12 * Sec. 2. AS 38.05.300(a) is amended to read: 13 (a) The commissioner shall classify for surface use land in areas considered 14 necessary and proper. This section does not prevent reclassification of land where the 15 public interest warrants reclassification, nor does it preclude multiple purpose use of 16 land whenever different uses are compatible. If the area involved contains more 17 than 640 contiguous acres, state [STATE] land, water, or land and water area may 18 not, except by act of the state legislature, (1) be closed to multiple purpose use, or (2) 19 be otherwise classified by the commissioner so that mining, mineral entry or 20 location, mineral prospecting, or mineral leasing is precluded or is designated an 21 incompatible use, except when the classification is necessary for a land disposal 22 or exchange or is for the development of utility or transportation corridors or 23 projects or similar projects or infrastructure, or except as allowed under (c) of 24 this section [IF THE AREA INVOLVED CONTAINS MORE THAN 640 ACRES]. 25 * Sec. 3. AS 38.05.300 is amended by adding a new subsection to read: 26 (c) Notwithstanding (a)(2) of this section, if the commissioner considers it 27 necessary and proper, the commissioner may provide by order for an interim 28 classification that precludes, or designates as an incompatible use, mining, mineral 29 entry or location, mineral prospecting, or mineral leasing. Within 10 days after the 30 convening of each regular legislative session, the commissioner shall transmit to the 31 legislature for consideration all the interim classification orders issued under this
01 subsection during the preceding calendar year. Unless the legislature approves by law 02 an interim classification contained in an order transmitted under this subsection, that 03 order expires on the 90th day of that legislative session or upon adjournment of that 04 session, whichever occurs first. Approval by the legislature of an interim classification 05 satisfies the requirement of (a) of this section for an act of the state legislature. 06 * Sec. 4. AS 38.05.300(a)(2) and (c) added by secs. 2 and 3 of this Act apply to 07 classifications made after the effective date of this Act. 08 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).