Pub. L. 108-452, tit. I, sec. 107

EFFECT OF FEDERAL MINING CLAIMS.

EnactedYear: 2004Length: 256 wordsOfficial source
SEC. 107. EFFECT OF FEDERAL MINING CLAIMS.(a) Conditional Relinquishments.—(1) In general.—To facilitate the conversion of Federal mining claims to State mining claims on land selected or topfiled by the State, a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on conveyance of the land to the State.(2) Conveyance of relinquished claim.—The Secretary may convey the land described in the relinquished Federal mining claim to the State if, with respect to the land—(A) the State has filed as of January 3, 1994—(i) a selection application under Public Law 85–508 (commonly known as the “Alaska Statehood Act”) (72 Stat. 339); or(ii) a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act 43 U.S.C. 1635(e)); and(B) the land addressed by the selection application or future selection application is conveyed to the State.(3) Obligations under federal law.—Until the date on which the land is conveyed under paragraph (2), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law.(4) No relinquishment.—If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under paragraph (2), the relinquishment of land under paragraph (1) shall be of no effect.(b) Rights-of-Way; Other Interest.—On conveyance to the State of a relinquished Federal mining claim under this section, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance.