H-1983.2  _______________________________________________

                          HOUSE BILL 2022

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representative Fuhrman

Read first time 02/22/95.  Referred to Committee on Natural Resources.

Making mining claims.

    AN ACT Relating to the fees, fees in lieu of assessment work or labor requirements, affidavits, or oaths that are necessary to secure mining claims; and amending RCW 78.08.060 and 78.08.081.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 78.08.060 and 1965 c 151 s 1 are each amended to read as follows:

    (1) Before filing such notice for record, the discoverer shall locate his or her claim by posting at the discovery at the time of discovery a notice containing the name of the lode, the name of the locator or locators, and the date of discovery, and marking the surface boundaries of the claim by placing substantial posts or stone monuments bearing the name of the lode and date of location; one post or monument must appear at each corner of such claim; such posts or monuments must be not less than three feet high; if posts are used they shall be not less than four inches in diameter and shall be set in the ground in a substantial manner.  If any such claim be located on ground that is covered wholly or in part with brush or trees, such brush shall be cut and trees be marked or blazed along the lines of such claim to indicate the location of such lines.

    (2) Prior to valid discovery the actual possession and right of possession of one diligently engaged in the search for minerals shall be exclusive as regards prospecting during continuance of such possession and diligent search.  As used in this section, "diligently engaged" shall mean performing not less than one hundred dollars worth of annual assessment work on or for the benefit of the claim or paying any fee or fees in lieu of assessment work in such year or years it is required under federal law, or any larger amount that may be designated now or later by the federal government for annual assessment work.

    Sec. 2.  RCW 78.08.081 and 1979 ex.s. c 30 s 16 are each amended to read as follows:

    Within thirty days after the expiration of the period of time fixed for the performance of annual labor or the making of improvements upon any quartz or lode mining claim or premises, the person in whose behalf such work or improvement was made or some person for him or her knowing the facts, shall make and record in the office of the county auditor of the county wherein such claims are situate either an affidavit or oath of labor performed on such claim, or affidavit or oath of fee or fees paid to the federal government in lieu of the annual labor requirement.  Such affidavit shall state the exact amount ((and)) of fee or fees paid, or the kind of labor, including the number of feet of shaft, tunnel or open cut made on such claim, or any other kind of improvements allowed by law made thereon.  When both fee and labor requirements have been waived by the federal government, such affidavit will contain a statement to that effect and the state shall not require labor to be performed.  Such affidavit shall contain the section, township and range in which such lode is located if the location be in a surveyed area.

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