_______________________________________________
HOUSE
BILL 2022
_______________________________________________
Passed
Legislature - 1995 Regular Session
State of Washington 54th
Legislature 1995 Regular Session
By
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.
