BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1734 Hearing Date: June 14,
2016
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|Author: |Obernolte | | |
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|Version: |February 1, 2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|William Craven |
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Subject: Mining claims: recording
BACKGROUND AND EXISTING LAW
1) Pursuant to federal mining law, a mining claimant is
required to file an annual affidavit that is recorded with
the county recorder with the mailing addresses of the
individuals involved in the claim. This changed in 2012.
Prior to 2012, the annual mining form required both the
mailing and residential addresses of those individuals.
1) Pursuant to state mining law, the California version of the
annual form (which is required for claims on BLM land as well
as private lands) requires both the mailing and residential
addresses of the individuals involved in the claim to be
filed annually with the county recorder.
FISCAL EFFECT: Unknown
PROPOSED LAW
This bill would conform state reporting requirements to the
federal reporting requirements.
ARGUMENTS IN SUPPORT
According to the author, county recorders in California may not
legally process the federal form. Claimants may be at risk of
losing their claim if the corrected forms are not received and
recorded by the prescribed deadline.
AB 1734 (Obernolte) Page 2
of ?
Data provided by the author from Inyo County illustrates the
issue.
According to the county, one mining claim may generate several
annual forms because a claim may have more than one individual
associated with it. The actual number of active mining claims
requiring an annual notice is around 350. The total number of
documents recorded in Inyo County in 2015 is 4,376. In that
year, the county rejected 100% of Affidavit of Assessments who
mailed in their Affidavit using the approved BLM form. Because
the county mailed every miner the modified form in 2015, it was
able to mitigate rejection rates in Inyo County by directing
miners to the form posted on its website. However, the county is
not aware of how other counties are handling the problem.
ARGUMENTS IN OPPOSITION
None received
SUPPORT
County Recorders Association of California
County of Inyo
Rural County Representatives of California
OPPOSITION
None Received
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