CHAPTER 13 INTRA-DEPARTMENTAL PROCESSING OF MINERAL APPLICATIONS FOR PATENT

• Jurisdiction: United States

Mineral Patenting Procedures
(Feb 1975)
CHAPTER 13
INTRA-DEPARTMENTAL PROCESSING OF MINERAL APPLICATIONS FOR PATENT
Barney Brunelle, Mining Engineer
Bureau of Land Management
Boise, Idaho

The processing of mineral applications for patent by the Bureau of Land Management consists, basically, of six steps: (1) Review of the application and supporting documents; (2) Publication of the notice of application; (3) Issuance of the mineral entry final certificate; (4) Mineral examination of the claims; (5) Review of the mineral report; and (6) Issuance of patent or initiation of contest.

This paper discusses steps five and six, the review of the mineral report and the issuance of patent or initiation of contest.

Most of the mineral applications filed with the Bureau of Land Management succeed to the issuance of mineral entry final certificates. The significance of the final certificate is that it proclaims that the documents filed have been found acceptable, that posting and publication requirements have been completed and that acquisition of adverse rights is precluded to all except the Federal government. A final certificate, however, is not tantamount to patent. More final certificates are issued than there are patents granted, which is due to the requirement that a discovery of valuable mineral must be demonstrated on each mining claim under application.

After the final certificate is issued the application is referred to the appropriate office for mineral examination and report. Mineral examinations are made by Bureau of Land Management or Forest Service

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mineral examiners. Mining claims on lands within the national forests are made by Forest Service examiners under a Memorandum of Understanding between the Bureau and the Forest Service dated April 1, 1957. The Forest Service mineral reports are submitted to the Bureau of Land Management for review and appropriate action. As the Bureau is the agency responsible for the administration of the public land minerals resources of the United States, the memorandum of understanding does not relieve the Bureau of this responsibility.

All mineral reports are reviewed by a Bureau minerals specialist in the State Office headquarters. This is a technical review and its purpose is to determine that accepted professional techniques and procedures were applied in the examination and that Bureau policy standards and criteria have been followed. The reports are carefully scrutinized to see that...