reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 2 - Definitions › Section 3810.

3810. (a) (1) “Award repayment or program reimbursement agreement,” including a “royalty agreement,” as specified in subdivision (b), means a method used at the discretion of the commission to determine and establish the terms of replenishment of program funds, including, at a minimum, repayment of the award to provide for further awards under this chapter. The award repayment or program reimbursement agreement may provide that payments be made to the commission when the award recipient, affiliate of the award recipient, or third party receives, through any kind of transaction, an economic benefit from the project, invention, or product developed, made possible, or derived, in whole or in part, as a result of the award.
(2) An award repayment or program reimbursement agreement shall specify the method to be used by the commission to determine and establish the terms of repayment and reimbursement of the award.
(3) The commission may require due diligence of the award recipient and may take any action that is necessary to bring the project, invention, or product to market.
(4) Subject to the confidentiality requirements of Section 2505 of Title 20 of the California Code of Regulations, the commission may require access to financial, sales, and production information, and to other agreements involving transactions of the award recipient, affiliates of the award recipient, and third parties, as necessary, to ascertain the royalties or other payments due the commission.
(b) A “royalty agreement” is an award repayment or program reimbursement agreement and is subject to all of the following conditions:
(1) The royalty rate shall be determined by the commission and shall not exceed 5 percent of the gross revenue derived from the project, invention, or product.
(2) The royalty agreement shall specify the method to be used by the commission to determine and establish the terms of payment of the royalty rate.
(3) The commission shall determine the duration of the royalty agreement and may negotiate a collection schedule.
(4) The commission, for separate consideration, may negotiate and receive payments to provide for an early termination of the royalty agreement.
(c) (1) The commission may require that the intellectual property developed, made possible, or derived, in whole or in part, as a result of the award repayment or program reimbursement agreement, revert to the state upon a default in the terms of the award repayment or program reimbursement agreement or royalty agreement.
(2) The commission may require advance notice of any transaction involving intellectual property rights.
(Added by Stats. 1994, Ch. 553, Sec. 2. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3820.

3820. (a) The Geothermal Resources Development Account is hereby created in the General Fund.
(b) All revenues received by the state pursuant to Section 35 of the Mineral Lands Leasing Act of 1920, as amended (30 U.S.C. Sec. 191), with respect to activities undertaken pursuant to the Geothermal Steam Act of 1970 (Chapter 23 (commencing with Section 1001) of Title 30 of the United States Code) shall be deposited in the Geothermal Resources Development Account immediately upon receipt, and are hereby continuously appropriated from the account for expenditure or transfer in the manner and at the times specified in this article.
(c) Commencing with the 1980–81 fiscal year, two million dollars ($2,000,000), or so much thereof as may be necessary, of the revenues received by the state pursuant to Section 35 of the Mineral Lands Leasing Act of 1920, as amended (30 U. S.C. Sec. 191), from sources other than activities undertaken pursuant to the Geothermal Steam Act of 1970 (Chapter 23 (commencing with Section 1001) of Title 30 of the United States Code) shall be deposited each fiscal year in the account until a total amount is deposited which is equal to the revenues that were received by the state on and after January 1, 1976, from activities undertaken pursuant to the Geothermal Steam Act of 1970, but which were not deposited in the account pursuant to subdivision (b). The revenues so deposited are hereby continuously appropriated from the account for expenditure or transfer in the manner and at the times specified in this article. The deposit of revenues required by this subdivision are in addition to the deposit of revenues required by subdivision (b).
(Amended by Stats. 1980, Ch. 800, Sec. 16. Effective July 28, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3821.

3821. (a) Upon receipt and deposit of revenues in the Geothermal Resources Development Account, 40 percent of the revenues derived from the sale of a lease, and any bonus paid in connection therewith, shall be immediately disbursed by the State Controller to the county of origin; and 40 percent of the revenues consisting of royalties and rents shall be immediately disbursed to all counties of origin in proportion to the amounts of the revenues derived from existing leases within each county of origin. If a lease includes land in more than one county, each county’s share shall be computed on the basis of the ratio that the acreage within each county bears to the total acreage in the lease.
(b) Each county of origin shall establish for deposit of such revenues an account or fund separate from the other accounts and funds of the county, and may expend such revenues only for the purposes specified in this chapter.
(Added by Stats. 1980, Ch. 139, Sec. 1. Effective May 30, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3822.

3822. (a) Thirty percent of the revenues received and deposited in the Geothermal Resources Development Account shall be available for expenditure by the commission as grants or loans to local jurisdictions or private entities without regard to fiscal years. These revenues shall be held by the commission in the Local Government Geothermal Resources Revolving Subaccount, which is hereby created in the Geothermal Resources Development Account. Loan repayments shall be deposited in the subaccount and shall be used for making additional grants and loans pursuant to Section 3823.
(b) No local jurisdiction shall be eligible to apply for a grant or loan pursuant to this section unless its governing body approves the application by resolution.
(c) Each recipient of a grant or loan made pursuant to this section shall establish, for the deposit of the revenues, an account or fund that is separate from the other accounts and funds of the recipient, and may expend the revenues only for the purposes specified in this chapter.
(d) The commission shall make grants and loans pursuant to this section irrespective of whether a local jurisdiction is a county of origin.
(e) Any of the revenues that are not disbursed as grants or loans pursuant to this section during the fiscal year received shall be retained in the subaccount and may be disbursed as grants or loans pursuant to this section in succeeding fiscal years.
(f) (1) Any loan made under this section shall:
(A) Not exceed 80 percent of the local jurisdiction’s costs.
(B) Be repaid together with interest within 20 years from receipt of the loan funds.
(2) Notwithstanding any other provision of law, the commission shall, unless it determines that the purposes of this chapter would be better served by establishing an alternative interest rate schedule, periodically set interest rates on the loans based on surveys of existing financial markets and at rates not lower than the Pooled Money Investment Account.
(g) Any loan or grant made to a private entity under this section shall (1) be matched with at least an equal investment by the recipient, (2) provide tangible benefits, as determined by the commission, to a local jurisdiction, and (3) be approved by the city, county, or Indian reservation within which the project is to be located.
(h) The commission may require an award repayment or program reimbursement agreement of any recipient of a grant or loan made pursuant to this section.
(Amended by Stats. 1994, Ch. 553, Sec. 3. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3822.1.

3822.1. Notwithstanding any other provision of law, commencing with the 1984–85 fiscal year and in each fiscal year thereafter, any revenues not granted pursuant to Section 3822 remaining in the Geothermal Resources Development Account and any revenues expected to be received and disbursed during the 1984–85 fiscal year and in each fiscal year thereafter shall be made a part of the Governor’s Budget. Projects approved by the State Energy Resources Conservation and Development Commission under this chapter shall be submitted for review and comment to the Department of Finance, the Legislative Analyst, and the Joint Legislative Budget Committee when the Legislature is in session. After a 30-day period, the commission shall execute the funding agreements. The commission shall submit to the Legislature by April 1 of each year, a list of projects, in priority order, selected and approved during the previous year.
(Repealed and added by Stats. 1991, Ch. 520, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3822.2.

3822.2. (a) Notwithstanding any other provision of law, the State Energy Resources Conservation and Development Commission may expend funds, from that portion of the Geothermal Resources Development Account used by the commission for grants and loans, to provide direct technical assistance to local jurisdictions which are eligible for grants and loans pursuant to Section 3822.
(b) The total of all amounts expended pursuant to this section shall not exceed 5 percent of all funds available under Section 3822 or one hundred thousand dollars ($100,000), whichever amount is less.
(c) In making expenditures under this section, the commission shall consider, but not be limited to a consideration of, all of the following:
(1) The availability of energy resource and technology opportunities.
(2) The project definition and likelihood of success.
(3) Local needs and potential project benefits.
(Amended by Stats. 1984, Ch. 1066, Sec. 4.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3823.

3823. Revenues disbursed to counties of origin pursuant to Section 3821 and grants or loans made to local jurisdictions or private entities pursuant to Section 3822 shall be expended by the recipient for the following purposes:
(a) Undertaking research and development projects relating to geothermal resource assessment and exploration, and direct-use and electric generation technology.
(b) Local and regional planning and policy development and implementation necessary for compliance with programs required by local, state, or federal laws and regulations.
(c) Identification of feasible measures that will mitigate the adverse impacts of the development or production of geothermal resources, the extraction of minerals from geothermal brines, and related activities, and the adoption of ordinances, regulations, and guidelines to implement those measures.
(d) Collecting baseline data and conducting environmental monitoring.
(e) Preparation or revision of geothermal resource elements, or geothermal components of energy elements, for inclusion in the local general plan, zoning and other ordinances, and related planning and environmental documents.
(f) Administrative costs incurred by the local jurisdiction that are attributable to the development or production of geothermal resources, the extraction of minerals from geothermal brines, and related activities.
(g) Monitoring and inspecting geothermal facilities and related activities to assure compliance with applicable laws, regulations, and ordinances.
(h) Identifying, researching, and implementing feasible measures that will mitigate the adverse impacts of the development or production of geothermal resources, extraction of minerals from geothermal brines, and related activities, including mitigation measures that provide community benefits directly or indirectly related to adverse social and economic impacts.
(i) Planning, constructing, providing, operating, and maintaining those public services and facilities that are necessitated by, and result from, the development or of geothermal resources, the extraction of minerals from geothermal brines, and related activities.
(j) Undertaking projects demonstrating the technical and economic feasibility of geothermal direct heat and electrical generation applications.
(k) Undertaking projects for the enhancement, restoration, or preservation of natural resources, including, but not limited to, water development, water quality improvement, fisheries enhancement, and park and recreation facilities and areas.
(l) In furtherance of the state’s zero-emission vehicle and energy storage objectives, undertaking projects to recover lithium, metals, agricultural products, and other beneficial minerals from highly mineralized geothermal brines at a geothermal facility that is in a disadvantaged community and provides local employment opportunities.
(Amended by Stats. 2022, Ch. 63, Sec. 5. (SB 125) Effective June 30, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3824.

3824. Subject to the requirements of Section 3824.5, revenues disbursed to counties of origin pursuant to Section 3821 may be expended for the repair and maintenance of capital assets, including roads, bridges, aviation facilities, buildings, and parking areas. These revenues, including unencumbered revenues already accumulated, may also be expended for the construction of jail facilities.
(Amended by Stats. 1986, Ch. 400, Sec. 1. Effective July 17, 1986.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3824.5.

3824.5. Revenues disbursed to counties of origin pursuant to Section 3821 may be expended for purposes unrelated to geothermal development only in counties where there is no new geothermal development and substantial planning, maintenance, and environmental mitigation of geothermal development have been achieved.
(Amended by Stats. 1987, Ch. 56, Sec. 149.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3825.

3825. Thirty percent of the revenues received and deposited in the Geothermal Resources Development Account shall, upon receipt by the Controller, be transferred to the Renewable Resources Investment Fund and shall be available, upon appropriation by the Legislature, for expenditure for the purposes of Section 34000.
(Amended by Stats. 1983, Ch. 323, Sec. 64. Effective July 1, 1983.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3826.

3826. For all lands of the United States which are received by the State Lands Commission as indemnity lands pursuant to Section 851 of Title 43 of the United States Code after July 1, 1980, the revenue received by the state from the leasing of these lands for geothermal development shall be distributed as follows:
(a) Fifty percent of all revenues shall be deposited in the Geothermal Resources Development Account and disbursed pursuant to this chapter.
(b) Fifty percent of all revenues shall be deposited in the Teachers’ Retirement Fund and shall be expended pursuant to Section 24702 of the Education Code.
(Amended by Stats. 1984, Ch. 1070, Sec. 1. Effective September 12, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 3 - Allocation and Use of Revenues › Section 3827.

3827. If federal geothermal lease lands are transferred to the state for any reason, the lease revenues shall continue to be deposited into the accounts specified pursuant to Section 3826.
(Added by Stats. 1991, Ch. 520, Sec. 5.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 7 - Methane Gas Hazards Reduction › ARTICLE 1 - General Provisions › Section 3850.

3850. This chapter shall be known and may be cited as the Methane Gas Hazards Reduction Act.
(Added by Stats. 1987, Ch. 1322, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 7 - Methane Gas Hazards Reduction › ARTICLE 1 - General Provisions › Section 3851.

3851. The Legislature finds and declares that methane gas hazards, as identified in the study conducted pursuant to Chapter 4.1 (commencing with Section 3240) of Chapter 1, are a clear and present threat to public health and safety.
(Added by Stats. 1987, Ch. 1322, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 7 - Methane Gas Hazards Reduction › ARTICLE 1 - General Provisions › Section 3852.

3852. The Legislature further finds and declares that, due to the cost and complexity of methane hazard mitigations, property owners and local governments are often unable to mitigate these hazards.
(Added by Stats. 1987, Ch. 1322, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 7 - Methane Gas Hazards Reduction › ARTICLE 1 - General Provisions › Section 3853.

3853. The Legislature further finds and declares, therefore, that it is essential that the state, in cooperation with local governments, provide funds to mitigate many of the state’s methane gas hazards.
(Added by Stats. 1987, Ch. 1322, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 7 - Methane Gas Hazards Reduction › ARTICLE 2 - Definitions › Section 3855.

3855. As used in this chapter:
(a) “Methane gas hazards” means collections of biogenic or thermogenic gases identified as hazards in the study conducted by the supervisor pursuant to Article 4.1 (commencing with Section 3240) of Chapter 1.
(b) “Eligible jurisdictions” means counties and cities identified as having methane gas hazards in the study conducted by the supervisor pursuant to Article 4.1 (commencing with Section 3240) of Chapter 1.
(Added by Stats. 1987, Ch. 1322, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 7 - Methane Gas Hazards Reduction › ARTICLE 3 - Methane Gas Hazards Reduction Assistance › Section 3860.

3860. The director may award grants to eligible jurisdictions for purposes of planning, equipment purchases, installation, and other measures related to the mitigation of methane gas hazards. Ongoing maintenance and monitoring activities shall not be financed by grants pursuant to this chapter.
(Added by Stats. 1987, Ch. 1322, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 7 - Methane Gas Hazards Reduction › ARTICLE 3 - Methane Gas Hazards Reduction Assistance › Section 3861.

3861. Prior to receiving grants under this chapter, each eligible jurisdiction shall submit a report to the director describing how the funds are to be expended. Before submitting the report, each eligible jurisdiction shall provide opportunities for the public to review and comment on the report, and shall hold at least one public hearing on the report.
(Added by Stats. 1987, Ch. 1322, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 7 - Methane Gas Hazards Reduction › ARTICLE 3 - Methane Gas Hazards Reduction Assistance › Section 3862.

3862. Prior to receiving any grants pursuant to this chapter, an eligible jurisdiction shall do all of the following:
(a) Implement a zoning ordinance for areas containing methane gas hazards that establishes a methane gas hazard overlay and provides mandatory studies and mitigations for new construction within the overlay zones.
(b) Revise the safety element of the city or county general plan to illustrate the methane gas hazard areas and establish mitigative policies.
(c) Prepare a methane gas hazard mitigation plan, which provides strategies and mitigations for reducing existing methane gas hazards and for avoiding further hazards due to new construction. The plans shall be consistent with the grant report, the zoning ordinance, and the general plan safety element.
(Added by Stats. 1987, Ch. 1322, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 7 - Methane Gas Hazards Reduction › ARTICLE 3 - Methane Gas Hazards Reduction Assistance › Section 3863.

3863. The department shall adopt rules and regulations implementing the grant program authorized by this chapter.
(Added by Stats. 1987, Ch. 1322, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 7 - Methane Gas Hazards Reduction › ARTICLE 4 - Methane Gas Hazard Reduction Account › Section 3865.

3865. The Methane Gas Hazard Reduction Account in the General Fund is hereby created. The moneys in the account shall be available for purposes of this chapter upon appropriation therefor by the Legislature.
(Added by Stats. 1987, Ch. 1322, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3900.

3900. Any person, who is a citizen of the United States or who has declared his or her intention to become a citizen, and who discovers a vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper, or any other valuable deposit, may locate a claim upon the vein or lode, by defining the boundaries of the claim, in the manner specified in this chapter, by erecting at the point of discovery a monument as defined in Section 3915, and by posting in or on the monument a notice of the location. The notice shall contain all of the following:
(a) The name of the lode or claim.
(b) The name, current mailing address or current residence address, of the locator.
(c) The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the claim, and the general course of the vein or lode, as near as may be.
(d) The date of location, which shall be the date of posting the notice.
(e)  A description of the type of monuments used for the discovery and corner monuments.
(f)  A description of the claim by reference to some natural object, or permanent monument, as will identify the claim located.
(Amended by Stats. 1991, Ch. 494, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3901.

3901. The locator of any lode mining claim shall define the boundaries of the claim so that they may be readily traced, but in no case shall the claim extend more than 1,500 feet along the course of the vein or lode, or more than 300 feet on either side thereof as measured from the centerline of the vein at the surface. Within 60 days after the date of location of any lode mining claim located, the locator shall erect at each corner of the claim, a monument as defined in Section 3915. Each corner monument so erected shall bear or contain markings sufficient to appropriately designate the corner of the mining claim and the name of the claim to which it pertains.
(Amended by Stats. 1991, Ch. 494, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3902.

3902. The location of a placer claim shall be made in the following manner:
(a) By erecting at the point of discovery thereon a conspicuous and substantial monument, and by posting in or on the monument a notice of location containing all of the following:
(1) The name of the claim.
(2) The name, current mailing address or current residence address, of the locator.
(3) The date of the location, which shall be the date of posting the notice.
(4) The number of feet or acreage claimed.
(5) A description of the claim by reference to some natural object or permanent monument as will identify the claim located.
(b) By marking the boundaries so that they may be readily traced and by erecting at each corner of the claim, or at the nearest accessible points thereto, a conspicuous and substantial monument. Each corner monument shall bear or contain markings sufficient to appropriately designate the corner of the mining claim to which it pertains and the name of the claim.
Where the United States survey has been extended over the land embraced in the location, the claim may be taken by legal subdivisions and no other reference than those of the survey shall be required, and the boundaries of a claim so located and described need not be staked or monumented. The description by legal subdivisions shall be deemed the equivalent of marking.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3903.

3903. The relocation of any lode or placer mining location which is subject to relocation shall be made as an original location is required to be made.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3904.

3904. As to any placer mining claim which has been otherwise validly located or relocated since July 20, 1935, and as to which claim the locator or relocator has not performed the work thereon required by former Sections 1426da and 1426dc of the Civil Code for the reason that literal compliance therewith was not feasible, the locator or relocator may perfect his or her claim by excavating an open cut thereon and removing from the cut not less than seven cubic yards of material if the work is completed not later than December 14, 1935.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3905.

3905. The failure or neglect of the locator or locators to comply with the requirements of Section 3900, 3901, or 3903 shall render the location null and void, unless the failure or neglect is curable under Section 3908, in which event the location shall be voidable.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3906.

3906. The locator of a tunnel right or location shall locate his or her tunnel right or location by erecting at the face or point of commencement of the tunnel a conspicuous and substantial monument in or on which there shall be posted a notice of location, which notice shall contain all of the following:
(a) The name, current mailing address or current residence address, of the locator.
(b) The date of location, which shall be the date of posting the notice.
(c) The proposed course or direction of the tunnel.
(d) A description of the tunnel by reference to some natural object or permanent monument as will identify the claim or tunnel right.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3907.

3907. The boundary lines of the tunnel shall be established by conspicuous and substantial monuments placed along the lines on the surface at an interval of not more than 600 feet from the face or point of commencement of the tunnel to the terminus of 3,000 feet therefrom.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3908.

3908. If at any time the locator of any mining claim, or his or her assigns, apprehends that his or her original location notice was defective, erroneous, or that the requirements of the law had not been complied with before filing, or in case the original notice was made prior to April 28, 1939, and he or she is desirous of securing the benefit of this chapter, the locator, or his or her assigns, may file an amended notice, subject to this chapter, if the amended location notice does not interfere with the existing rights of others at the time of posting and filing the amended location notice. No amended location notice or the record thereof precludes the claimant from proving any title as he or she may have held under previous locations.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3909.

3909. Where a locator, or his or her assigns, has the boundaries and corners of his or her claim established by a United States deputy mineral surveyor, or a licensed surveyor of this state, and the claim connected with the corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim the field notes of the survey, and attaches to and files with the location notice a certificate of the surveyor setting forth all of the following:
(a) The survey was actually made by him or her, giving the date thereof.
(b) The name of the claim surveyed and the location thereof.
(c) The description incorporated in the declaratory statement is sufficient to identify the claim.
The survey and certificate becomes a part of the record, and the record is prima facie evidence of the facts contained therein.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3910.

3910. The proprietor of a vein or lode claim or mine, the proprietor of a placer claim, or the owner of a quartz mill or reduction works, or any person qualified by the laws of the United States may locate not more than five acres of nonmineral land as a millsite.
The location shall be made and the claim boundaries marked in the same manner as required by Section 3902 for locating placer claims, except that the monument in or on which the notice of location is posted may be erected anywhere within the claim, and location work is not required.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3911.

3911. Within 90 days after the posting of his or her notice of location upon a lode mining claim, placer claim, tunnel right or location, or millsite claim or location, the locator shall record, in the office of the county recorder of the county in which the claim is situated, a true copy of the notice together with a statement by the locator of the markings of the boundaries as required by this chapter and the character of the markings, which statement also shall include the section or sections, township, range, and meridian of the United States survey within which all, or any part, of the claim is located.
Any person who willfully makes a false statement with respect to any mining claim on the posted location notice or on the recorded notice, or accompanying statement, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than two hundred dollars ($200) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3912.

3912. The amount of work done, improvements made, or maintenance fee paid to the Bureau of Land Management in the United States Department of Interior during each year to hold possession of a mining claim shall be that prescribed by the laws of the United States.
(Amended by Stats. 1995, Ch. 527, Sec. 3. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3914.

3914. The board of supervisors, may require, by resolution, that any person filing an affidavit pursuant to Section 3913 or any person filing a notice of intent to hold, demonstrate proof of payment of any unsecured tax levied against the mining claim on which the affidavit or notice of intent to hold is filed, along with any delinquent unsecured taxes levied against the person filing the affidavit or notice of intent to hold, prior to the recordation of the affidavit or notice of intent to hold.
If a resolution is adopted by the board of supervisors pursuant to this section, it may include the following provisions, and any other provisions determined by the board as necessary to carry out the intent of this section:
(a) A provision prohibiting the county recorder from accepting the affidavit or notice of intent to hold for recordation without the tax collector’s certification that the taxes have been paid.
(b) A provision requiring the following:
(1) That, when taxes are paid, the tax collector issue a receipt or certificate of payment for use in certification of the affidavit or notice of intent to hold.
(2) That the county recorder forward the affidavit or notice of intent to hold to the tax collector if the county recorder receives an affidavit for recording by mail and the affidavit or notice of intent to hold does not contain the tax collector’s certification that the taxes have been paid.
(3) That, if applicable, the tax collector then certify that the taxes have been paid on the face of the affidavit or notice of intent to hold and return the document to the county recorder for recording.
(4) That, if the taxes have not been paid, the tax collector return the affidavit unrecorded to the filer.
(Amended by Stats. 1990, Ch. 992, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3915.

3915. (a) The following are the only monuments which may be used pursuant to this chapter:
(1) A wooden post not less than 1
1
/
2
inches in diameter projecting at least two feet above the ground.
(2) A mound of stone projecting at least two feet above the ground.
(3) A nonperforated, capped metal post or solid metal rod, not less than one inch in diameter and projecting at least two feet above the ground.
(b) Where, by reason of precipitous ground, it is impractical or dangerous to place a monument in its true position, a witness monument may be erected as near thereto as the nature of the ground will permit and marked so as to identify the true position.
(c) Where, by reason of working the claim, it is impractical or dangerous to maintain a monument in its true position, a witness monument shall be erected as near thereto as the nature of the ground will permit and marked so as to identify the true position.
(d) Any person using on January 1, 1992, or who has previously erected, any monument or object other than those defined in this section for the purposes of this chapter shall have until January 1, 1995, to comply with this section or remove those monuments which are not in compliance.
(e) Within 180 days of abandonment, relinquishment, or loss of a claim, in effect on January 1, 1992, all monuments pertaining to that claim shall be permanently removed by the locator. A person who violates this subdivision shall be subject to a fine of not more than fifty dollars ($50) for each monument which is not removed and additionally liable for any cost incurred by the federal, state, or county government agency which removes any monument or has it removed.
(Amended by Stats. 1991, Ch. 494, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3916.

3916. Any person who takes down, removes, alters, or destroys any stake, post, monument, or notice of location upon any mining claim which is required by law to be upon the mining claim, without the consent of the owner thereof, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than two hundred dollars ($200) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3917.

3917. Whenever a coowner or coowners of a mining claim give to a delinquent coowner or coowners the notice in writing or notice by publication provided for in Section 2324 of the Revised Statutes of the United States, an affidavit of the person giving the notice, stating the time, place, manner of service, and by whom and upon whom service was made, shall be attached to a true copy of the notice.
The notice and affidavit shall be recorded in the office of the county recorder, in books kept for that purpose, in the county in which the claim is situated, within 90 days, after the giving of the notice. For recording the notice and affidavit, the recorder shall receive the same fees as are allowed by law for recording deeds.
If the notice is given by publication in a newspaper, there shall be attached to a printed copy of the notice an affidavit of the printer or his or her foreman, or principal clerk of the newspaper, stating the date of the first, last, and each insertion of the notice therein, and where the newspaper was published during that time, and the name of the newspaper. The affidavit and notice shall be recorded within 180 days after the first publication thereof.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3918.

3918. The original of the notice and affidavit, or a duly certified copy of the record thereof, shall be prima facie evidence that the delinquent mentioned in Section 2324 of the Revised Statutes of the United States has failed or refused to contribute his or her proportion of the expenditure required by that section, and of the service of publication of the notice, unless the writing or affidavit specified in Section 3919 is of record.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3919.

3919. If the delinquent, within the 90 days required by Section 2324 of the Revised Statutes of the United States, contributes to his or her coowner or coowners his or her proportion of the expenditures and also all costs of service of the notice required by Section 3917, whether incurred for publication charges or otherwise, the coowner or coowners shall sign and deliver to the delinquent or delinquents a writing, stating that the delinquent or delinquents by name has, within the time required by that Section 2324, contributed his or her share for the year ____, upon the ____ mine, and further stating therein the district, county, and state wherein the claim is situated, and the book and page where the location notice is recorded, if the claim was located under this chapter. The writing shall be recorded in the office of the county recorder of the county, for which he or she shall receive the same fees as are allowed by law for recording deeds.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3920.

3920. If the coowner fails to sign and deliver the writing to the delinquent within 20 days after the contribution, the coowner so failing is liable to the delinquent for a penalty of one hundred dollars ($100) to be recovered by the delinquent in any court of competent jurisdiction. If the coowner fails to deliver the writing within 20 days after the contribution, the delinquent, with two disinterested persons having personal knowledge of the contribution, may make an affidavit setting forth in what manner, the amount of, to whom, and upon what claim, the contribution was made. The affidavit, or a record thereof in the office of the county recorder of the county in which the claim is situated, is prima facie evidence of the contribution.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3921.

3921. The record of any location of a mining claim, millsite, or tunnel right in the office of the county recorder, as provided in this chapter, shall be received in evidence and have the same force and effect in the courts of the state as the original notice.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3922.

3922. Copies of the records of all instruments required to be recorded by this chapter, duly certified by the recorder in whose custody the records are, may be read in evidence under the same circumstances and rules as are provided by law for using copies of instruments relating to real estate, duly executed or acknowledged or proved and recorded.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3923.

3923. This chapter does not in any manner affect or abolish any mining district or the rules and regulations thereof within the state.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 1 - Manner of Locating Mining Claims, Tunnel Rights, and Millsites › Section 3924.

3924. Whenever any mining district in this state, organized or created under the laws of the United States, is dissolved, the officers or custodians of the records of the mining district shall deposit with the county recorder of the county, in which the district is located, all records of location notices or other documents affecting titles to mining claims in the mining district, shown by the records of the district.
County recorders of the counties shall accept any location notices and other documents affecting title to mining claims of dissolved mining districts. Thereafter all notices and documents shall be open for public inspection.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 2 - Mining Partnerships › Section 3940.

3940. A mining partnership exists when two or more persons who own or acquire a mining claim for the purpose of working it and extracting the mineral therefrom actually engage in working the claim. To the extent not inconsistent with this chapter, mining partnerships shall be governed in the same manner as other general partnerships would be governed pursuant to Section 16111 of the Corporations Code, by the Uniform Partnership Act (Chapter 1 (commencing with Section 15001) of Title 2 of the Corporations Code), or the Uniform Partnership Act of 1994 (Chapter 5 (commencing with Section 16100) of Title 2 of the Corporations Code).
(Amended by Stats. 1996, Ch. 1003, Sec. 3. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 2 - Mining Partnerships › Section 3941.

3941. An express agreement to become partners or to share the profits and losses of mining is not necessary to the formation or existence of a mining partnership. The relation arises from the ownership of shares or interests in a mine and working it for the purpose of extracting the minerals therefrom.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 2 - Mining Partnerships › Section 3942.

3942. A member of a mining partnership shares in the profits and losses thereof in the proportion which the interest or share he or she owns in the mine bears to the whole partnership capital or whole number of shares.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 2 - Mining Partnerships › Section 3943.

3943. Each member of a mining partnership has a lien on the partnership property for the debts due the creditors thereof, and for money advanced by him or her for its use. This lien exists notwithstanding that there is an agreement among the partners that it shall not.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 2 - Mining Partnerships › Section 3945.

3945. One of the partners in a mining partnership may convey his or her interest in the mine and business without dissolving the partnership. The purchaser, from the date of his or her purchase, becomes a member of the partnership.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 2 - Mining Partnerships › Section 3946.

3946. A purchaser of an interest in the mining-ground of a mining partnership takes it subject to the liens existing in favor of the partners for debts due all creditors thereof, or advances made for the benefit of the partnership, unless he or she purchased in good faith, for a valuable consideration, without notice of that lien.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 2 - Mining Partnerships › Section 3947.

3947. A purchaser of the interest of a partner in a mine when the partnership is engaged in working it, takes with notice of all liens resulting from the relation of the partners to each other and to the creditors of the partnership.
(Added by Stats. 1988, Ch. 259, Sec. 11.)
2023 California Code › Public Resources Code - PRC › DIVISION 3.5 - MINES AND MINING › CHAPTER 2 - Mining Partnerships › Section 3948.

3948. No member of a mining partnership or other agent or manager thereof can, by a contract in writing, bind the partnership, except by express authority derived from the members thereof.
(Added by Stats. 1988, Ch. 259, Sec. 11.)