Section 11 AAC 86.121 - Qualifications(a) Exploration and mining rights under AS 38.05.185 on state land require that a person be qualified at the time of location and remain qualified under AS 38.05.190, except as provided in AS 38.05.190(b). (b) In order to remain qualified, (1) a corporation, limited liability company, or other entity described in AS 38.05.190(a)(5) must hold a certificate that complies with AS 38.05.190(g); a corporation that is involuntarily dissolved, or a certificate that is canceled or revoked constitutes the loss of qualification, and may result in a declaration by the department that the mineral interest is void after notification and an opportunity to cure in accordance with AS 38.05.190(b) - (f); (2) a trust and the designated trustee must comply with requirements of AS 38.05.190(a)(6), and the failure to do so may result in a declaration by the department that the mineral interest is void after notification and an opportunity to cure in accordance with AS 38.05.190(b) - (f); and (3) all members of an association described in AS 38.05.190(a)(7) must maintain their individual qualifications, and the failure to do so may result in a declaration by the department that the mineral interest is void after notification and an opportunity to cure in accordance with AS 38.05.190(b) - (f). (c) A declaration by the department that a mineral interest is void due to the failure to become or remain qualified as required under (a) of this section, results in the unqualified person losing all rights to exploration or mineral interests. That person may become qualified or requalify under AS 38.05.190(b) or (e), at which point that person may acquire or hold new rights in exploration or mining interests under AS 38.05.185 - 38.05.275 and associated regulations. (d) The department may request proof of qualification under AS 38.05.190 at any time.Eff. 10/28/2022, Register 244, January 2023Authority:AS 27.05.010
AS 38.05.020
AS 38.05.190