BILL ANALYSIS Ó AB 1734 Page 1 Date of Hearing: March 14, 2016 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair AB 1734 (Obernolte) - As Introduced February 1, 2016 SUBJECT: Mining claims: recording SUMMARY: Deletes the requirement that the recorded mining claim affidavit include the current residential address of the owner of the claim. EXISTING LAW: 1)Pursuant to federal mining law, requires a mining claimant to perform a minimum amount of labor or make improvements worth $100 each year to keep a possessory interest in the claim or site. Allows the claimant to pay the annual maintenance fee per claim or site and file a notice of intent to hold the claim instead of performing labor or improvements and submitting the federal annual assessment work form to the Bureau of Land Management (BLM). 2)Pursuant to state mining law: a) Requires, whenever labor is performed, improvements are made, or a maintenance fee is paid on a mining claim, that AB 1734 Page 2 a specified affidavit be recorded in the county in which the mining claim is situated. b) Requires that affidavit to include, among other things, the names, current mailing addresses, and current residential addresses of the owner of the claim. FISCAL EFFECT: Unknown COMMENTS: California ranks eighth among the states in non-fuel mineral production, accounting for approximately 4.2% of the United States' total mineral production. In 2013, there were approximately 700 active mines in the state, and the total market value of production was $3.3 billion. In terms of value, the top five non-fuel minerals produced in 2013 were construction sand and gravel, portland cement, boron minerals, crushed stone, and gold. According to the Environmental Working Group, there are 7,792 mining claim holders in California. BLM requires that a minimum amount of labor or improvements are done to a mining claim each year. BLM mails an Affidavit of Annual Assessment Work form to mining claimants each year to document that work. Until 1992, claimants were required to submit that form to BLM. In 1992, federal law made the form optional if the claimant was not asking for a waiver of the annual maintenance fee. BLM still mails the form, and most states require the federal form to be submitted to the county in which the claim is located. In 2013, BLM released a new version of the Affidavit of Annual Assessment Work form that did not include a residential address. California law still requires both a residential and mailing address. This has caused confusion and the rejection of some forms at the county level. Inyo County states it rejects hundreds of forms each year because of the residential address issue. This bill is aimed at making state requirements consistent with the federal form to reduce paperwork and confusion. AB 1734 Page 3 REGISTERED SUPPORT / OPPOSITION: Support County Recorders' Association of California Inyo County Clerk/Recorder Rural County Representatives of California Opposition None on file AB 1734 Page 4 Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092