04/23/1994 09:00 AM Senate JUD

 SENATOR TAYLOR introduced HB 333 (MINING LOCATIONS ON STATE                   
 SELECTED LAND) sponsored by REPRESENTATIVE PETE KOTT, and invited             
 JACK PHELPS, Aide to REPRESENTATIVE KOTT, to testify.                         
                                                                               
 MR. PHELPS explained there was currently a provision in state law             
 that allows mining locations on state land and state selected land,           
 but there is no Alaska statute defining "state selected land."  He            
 further explained the problems encountered by the miners who have             
 federal claims on land that has been selected by the state, and he            
 said the bill would provide a definition that corrects the problem.           
                                                                               
 MR. PHELPS said it would allow a certain mechanism for a person               
 with an unpatented federal claim to convert that claim to a state             
 claim once the land is conveyed to the state.  He referred the                
 definition to page 1, lines 7 through 10.                                     
                                                                               
 SENATOR TAYLOR asked if there were questions about the definition,            
 and SENATOR LITTLE asked about a person having an unpatented                  
 federal claim.  SENATOR TAYLOR explained the process of getting               
 from staking to patent - lengthy and expensive.                               
                                                                               
 MR. PHELPS claimed there were many unpatented federal claims in the           
 state, and he said many are on lands that are under state selection           
 of about 21 million acres.  He explained the bill would allow the             
 miner, whose land was claimed by the state, to convert their claims           
 to state claims.  Any royalties from the mining would flow to the             
 state rather than the state government.                                       
                                                                               
 Number 553                                                                    
                                                                               
 SENATOR LITTLE asked if it gave retrospective effect to amendment,            
 and MR. PHELPS referred her to Section 3 for clarity as to                    
 retroactively.  He also explained about the retroactive date of               
 April 14, 1966.                                                               
                                                                               
 SENATOR LITTLE asked if he knew of anyone opposed to the bill, and            
 MR. PHELPS said he was not aware of anyone, but he said there may             
 be some individual miners who may not realize the benefit of                  
 overstaking.  He reviewed the wide support from miners to industry            
 for the bill.                                                                 
                                                                               
 There was a brief discussion of restaking a mining claim.                     
                                                                               
 SENATOR HALFORD moved to pass CS FOR HOUSE BILL NO. 333(RES)(MINING           
 LOCATIONS ON STATE SELECTED LAND) from committee with individual              
 recommendations.  Without objections, so ordered.