CHAPTER 12 THE MINERAL EXAMINATION

• Jurisdiction: United States

Mineral Patenting Procedures
(Feb 1975)
CHAPTER 12
THE MINERAL EXAMINATION
Robert A. McColly, Mining Engineer
U.S. Bureau of Land Management
Phoenix, Arizona

The field examination is generally the last major step in the process of acquiring title to a mining property from the United States under authority of the 1872 mining law. Before an examination is made, all other requirements of the law regarding survey, title, qualifications of the applicant, and payment of the purchase price will have been met and approved.

The reason for the examination is to insure compliance with the Federal Mining Laws, and to protect the public's interest in the land. In the mining laws, Congress has said in effect that the locator of a valuable mineral deposit has acquired not only the right to extract and sell the minerals he has found, but a right to acquire title to the land as well. The legal basis for a right to hold and patent a mining claim is a valid mineral discovery. A discovery has been made when locatable minerals are exposed within a claim in quantity and quality sufficient to constitute a valuable mineral deposit. A patent examination is made primarily to verify that this fundamental requirement of the mining law has been met by the applicant.

On completion of adjudication, and issuance of a final certificate, a mineral patent application is assigned to a mining engineer or geologist for examination and report. It is the responsibility of the mineral examiner to recommend either a clearlist for patent or a contest for each claim in the application.

[Page 12-2]

A letter or phone-call to the applicant, his attorney or other representative usually initiates the examination. If the examiner suspects that the applicant is unfamiliar with patenting procedures, the purpose of the examination will be outlined. Otherwise the chief purpose of this contact will be to set a date for the examination.

Within limits, the issues to be resolved by the examination can vary widely depending upon the type of claims in the application. Lode and placer claims, and independent and claim-related millsites each have separate requirements which must be satisfied.

Following is a brief outline of items of consideration for each type of claim. The list is not complete, but serves to illustrate the scope of the examination.

Independent Millsite.

(1) The lands must be non-mineral in character.

(2) There must be a quartz mill or reduction works constructed on the site.

...