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