Sec. 38.05.190. Qualifications.

584 words·~3 min read·/ak/title-38/chapter-5/38-05-190

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in

(b)of this section, exploration and mining rights under AS 38.05.185 — 38.05.275 may be acquired or held only by

(1)citizens of the United States at least 18 years of age;

(2)legal guardians, conservators, or trustees of citizens of the United States under 18 years of age or citizens of the United States that are incapacitated adults under AS 13.26 on behalf of the citizens;

(3)individuals at least 18 years of age who have declared their intention to become citizens of the United States;

(4)aliens at least 18 years of age if the laws of their country grant like privileges to citizens of the United States;

(5)corporations, limited liability companies, or other entities that are organized under the laws of the United States or of any state or territory of the United States and qualified to do business in this state;

(6)trusts that are registered in this state under AS 13.36 and for which at least one trustee is a person described in

(1)—

(5)of this subsection; or

(7)associations of persons described in

(1)—

(6)of this subsection.

(b)An unqualified person who acquires an interest in exploration or mining rights by conveyance or operation of law, or a person who was qualified under

(a)of this section at the time of location or acquisition of exploration or mining rights and later becomes unqualified, may either become qualified or transfer the interest to a qualified person within 90 days from the date the department sends written notice under

(c)of this section. If the unqualified person does not cure the defect or transfer the interest to a qualified person, the department may declare the interest void under

(d)of this section.

(c)If the department learns that an unqualified person has acquired an interest in exploration or mining rights through conveyance or operation of law, the department shall send written notice to the owner by certified mail, return receipt requested, to the most recent address on file with the department, stating that the interest will be void if the unqualified person does not cure the defect or transfer the interest within 90 days. The department may send an additional copy of the notice by regular mail.

(d)The department may declare void the exploration or mining interest of a person who fails to comply with

(b)of this section but may not declare the interest void if the person becomes qualified under

(e)of this section.

(e)An unqualified person may cure a defect in qualification, before or after receiving notice under

(c)of this section, by becoming qualified or transferring the person's interest to a qualified person. A person may not cure a defect in qualification for an exploration or mining interest that has been declared void under

(d)of this section.

(f)If an unqualified person fails to cure a defect in qualification within 90 days after the department sends written notice under

(c)of this section, the department may declare the exploration or mining interest void and the affected land becomes open to location. A third party may not locate on the affected land or file a judicial action to declare the exploration or mining interest invalid within those 90 days.

(g)In this section, “qualified to do business in this state” means holding a certificate issued by the commissioner of commerce, community, and economic development necessary to conduct business in the state.