FINAL BILL REPORT

                  HB 2022

                         C 114 L 95

Synopsis as Enacted

Brief Description:  Making mining claims.

Sponsors:  Representative Fuhrman.

House Committee on Natural Resources

Senate Committee on Natural Resources

Background:  Early federal mining laws encouraged interested parties to claim federal land for mining purposes.  However, the federal government wanted to discourage the holding of claims without development.  As a continuing incentive for claim development, since 1872, the federal government has required that not less than $100 worth of labor be performed or improvements made each year in order to keep claims active.  Recent changes to federal mining law allow, in some circumstances, payment of a $100 claim maintenance fee in lieu of the requirement for labor or improvements.

State law also requires these claim holders to be "diligently engaged in the search for minerals."  A person must annually perform at least $100 worth of assessment work on the claim for each year required under federal law.

Summary:  State law regarding claims on federal lands is changed to better mirror the recent changes in federal mining laws.  "Diligently engaged" in state law may mean paying a fee in lieu of assessment work.  The person may show an affidavit of labor performed or an affidavit or oath of fee or fees paid to the federal government in lieu of the annual labor requirement.  If the federal government has waived both fee and labor requirements, the affidavit will contain a statement to that effect, and the state will not require labor to be performed.

Votes on Final Passage:

House     95 0

Senate    42 0

Effective:  July 23, 1995