BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1734


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          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  








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               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.         









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          County Recorders' Association of California


          Inyo County Clerk/Recorder


          Rural County Representatives of California




          Opposition


          None on file











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          Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092