Chapter § 13.2 Mining on Washington's Public Lands

• Jurisdiction: Washington

§13.2 MINING ON WASHINGTON'S PUBLIC LANDS

Washington has adopted a lease/mining contract approach to mining on its public lands. The applicable provisions are set forth in RCW 79.14.300-450. The Washington State Legislature has given the state Department of Natural Resources (DNR) authority to promulgate rules to fill in the details of the lease and contract arrangement. Those rules are set forth in Chapter 332-16 WAC.

Mines on state lands require a mining contract, while mines on state forest lands also require a forest practices permit to assure standard logging practices are followed and appropriate environmental safeguards are in place. Similarly, as discussed below, mining on federal lands or federal forest lands requires surface mining permits (which parallel the forest practices permit issued by DNR) from the Bureau of Land Management (BLM) or the United States Forest Service (USFS). Additionally, for mines that impact wetlands under federal jurisdiction, the Army Corps of Engineers should be consulted for permitting requirements.

DNR may issue permits/leases for prospecting and contracts for mining of valuable minerals and specified materials on public lands, except for rock, gravel, sand, silt, coal, or hydrocarbons. RCW 79.14.300. Valuable minerals have been defined as whatever is recognized as a mineral and found in such quantity and quality as to render the land more valuable than for agricultural purposes. State v. Nw. Magnesite Co., 28 Wn.2d 1, 24, 182 P.2d 643 (1947) (en banc).

Leases and mining contracts can be procured either by public auction or through application. See RCW 79.14.310, .330. DNR may reject an application if it determines that its rejection is in the best interest of the state. RCW 79.14.330.

A lessee can lease public lands for up to seven years. RCW 79.14.350. Under the lease, a lessee may remove only $100 worth of minerals for assessment work. The lessee cannot remove ore for commercial sale unless and until the lessee converts the lease to a mining contract pursuant to RCW 79.14.360.

Annual rent for the lease ranges from $2 to $3 per acre or from $100 to $120, whichever is greater, depending on the year of the lease. See WAC 332-16-035. A lessee must perform annual prospecting work of $3 per acre and must pay an advance minimum royalty on a mining contract between $5 and $20 per acre or $250 to $1,000, whichever is greater, again depending upon the year of the contract. See id.

The holder of a lease has...