MINERAL SURVEY PROCEDURES GUIDE

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30 MINERAL SURVEY PROCEDURES GUIDE
https://www.blm.gov/cadastral/minprocedures/chapter3.pdf
FOREWORD Mineral surveys are made to mark the legal boundaries of mineral deposits or ore-bearing formations on the public domain where the boundaries are determined ..
Manual TOC..

 

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Mining Claim Primer
A primer on mining claims. Patented and unpatented claims. | Mining Claim Maps

 

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3860 - MINERAL PATENT APPLICATIONS
https://www.blm.gov/.../uploads/mediacenter_blmpolicymanual3860.pdf

 

[what]

Assembler I think you have part of that url replaced with an ellipsis.

 

[Assembler]

Assembler I think you have part of that url replaced with an ellipsis.

Yes when this one tried the link got a BLM "Page not found". Not sure what happened.
What can this one say when this is BLM own document on line (should have bookmarked it). The following is a sample of the wording:

Mineral patent applicants submitting applications which do not contain the essential title documents, proofs, and affidavits are to be issued a decision within 30 days after the adjudicator receives the application. The decision should ask the applicant to cure the defects in 30 to 60 days. Failure to cure within the allowed time frame will cause the application to be rejected without prejudice to the refiling of the application at a later date.
E. Title. In conformance with 43 CFR 3862.1-3(c) and (d), the chain-of-title must contain the required certified documents (location certificate, amendments, and conveyances) necessary to show complete chain-of-title to the mining claim or mill site. certification must be performed by the legal custodian of the records, as provided by State law. This will normally be the county clerk or recorder. See Scott Burnham, 100 lBLA 94, 94 ID 429 (1988), and the cases cited therein, especially subsequent to 94 ID 445; and Scott Burnham (ON RECONSIDERATION), 102 IBLA 363 (1988), ~specially pages 369-371. The title documents must be compared to the material in the Bureau's mining claim recordation files to ensure that nothing is overlooked or omitted by the applicant.
First Half of the Mineral Entry Final Certificate. The first half of that mineral entry final certificate is to be drafted during the publication process so that it can be issued immediately after all of the final statements and proofs are in and the purchase price is accepted. Issuance of the first half of the final certificate segregates the land and prevents new rival locations from being established upon the land claimed. See scott Burnham, supra. The records areto be noted immediately.
J. Date of Issuance. The date of the issuance (date of entry) of the first half of the final certificate must be the date of the acceptance of the purchase price. This is because the date of acceptance of the purchase price (when called for by the authorized officer) is the legal date of vesting of equitable title (a protected property right) in the applicant, and the final certificate is actually effective on that date.
The land is segregated from all further entry under the public land and mineral laws on the date of entry.

 

[what]

Yes when this one tried the link got a BLM "Page not found". Not sure what happened.

Probably either the forum or the blm being sneaky. Can you give the link of the page you got that pdf from originally or the title of the paper? I would be interesting to look through that.

Edit: Its here, not sure why the link got edited before... https://www.blm.gov/sites/blm.gov/files/uploads/mediacenter_blmpolicymanual3860.pdf

 

[Assembler]

Probably either the forum or the blm being sneaky. Can you give the link of the page you got that pdf from originally or the title of the paper? I would be interesting to look through that.

Edit: Its here, not sure why the link got edited before... https://www.blm.gov/sites/blm.gov/files/uploads/mediacenter_blmpolicymanual3860.pdf

Yes this one had to download the PDF document then copy, paste and edit it into a word document kinda of a pain to do. The resolution of the BLM document was low as well so had to do these steps.

Interesting that there is only two members on line now and 26 or more guests looking at this.

 

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The following is another sample wording of the document ( there is some errors contained):

The master title plat and historical index must be promptly noted as to the segregative effect as soon as the first half of the mineral entry final certificate is issued.
K. Request for Mineral Examination. The mineral examination shall be requested within 10 working days of the issuance of the first half of the final certificate. BLM District and or Area Offices and other surface management
agency offices must be kept aware of the case processing schedule, so they can schedule their work for the mineral examination and mineral report.
L. Leasable Mineral Report. If the mining claim was located after August 13, 1954 (30 u.s.c. 524), a leasable mineral report is required before patent issuance to determine whether to reserve the leasable mineral estate.
M. Schedule for Mineral Examination. Mineral examinations are to be scheduled as far in advance as possible to take advantage of field seasons and personnel availability. This should be accomplished through coordination and communication between the state Office, District and or Area Offices, and other surface management agencies in projecting the date when a request will be forwarded for the mineral report.
BLM MANUAL
If the applicant does not supply the mineral examiner with the necessary information concerning the character, quality, quantity, and marketing of the mineral or minerals claimed for discovery, the examination shall proceed. The mineral report shall be based upon the information available to the mineral examiner. (See Manual Section 3891 for a discussion of discovery requirements).

Need a retired BLM Officer to help sort out the documents or provide a link to better resolution PDF documents. Anyone willing to pitch in or chime in out there?

 

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The following is BLM Manual 3860 in word format with a number of errors but readable:

3860 - MINERAL PATENT APPLICATIONS
1. Explanation of Material Transmitted: This release updates the previous manual
to conform to recent administrative and judicial decisions and the revised rules
that became effective January 3, 1989.
2. Reports Required: None.
3. Material Superseded: The material superseded by this release is listed under
“Remove” below. No other directives are superseded.
4. Filing Instructions: File as directed below.
REMOVE INSERT
All of 3860 (Rel. 3-33) 3860
(Total: 2 Sheets) (Total: 9 Sheets)
Hillary Oden
Assistant Director
Energy and Mineral Resources
3860 - MINERAL PATENT APPLICATIONS
.01 Purpose
.02 Objectives
.03 Authority
.04 Responsibility
.05 References
. 06 Policy
Table of Contents
.07 File and Records Maintenance
.08 Service Charges
Glossary of Terms
3861 - SURVEYS AND PLATS
3862 - LODE MINING CLAIM PATENT APPLICATIONS
3863 - PLACER MINING CLAIM PATENT APPLICATIONS
3864 - MILL SITE PATENT APPLICATIONS
H-3860-1 - MINERAL PATENT APPLICATION PROCESSING
BLM MANUAL
Supersedes Rd. 3-33
TC-1
Rel. 3-266
7/9/91
.01
3860 - MINERAL PATENT APPLICATIONS
.01 Purpose. This Manual Section provides the general
authorities and an overview of the procedures involved in
processing a mineral patent application and issuing a mineral
patent. See Handbook 3860-1 for information on detailed
adjudication procedures .
. 02 Objectives. The objective is to ensure that all
statutory and regulatory requirements of the mining law are
met in processing mineral patent applications and issuing
patents for lode and placer claims and mill sites .
. 03 Authority.
A. General Statutes.
1. The Mining Law of May 10, 1872, as amended and
supplemented, 17 Stat. 92 et seg., Sections 2318-2352 of the
Revised Statutes, 30 u.s.c. 21-54 (1982).
2. Multiple Mineral Development Act, Public Law 83-250
(Act of August 12, 1953, 67 Stat. 539, 30 u.s.c. 501 and 502);
and Public Law 83-585 (Act of August 13, 1954, 68 Stat. 708,
30 u.s.c. 521 et seg.).
3. Surface Resources Act, Public Law 84-167 (Act of
July 23, 1955, 69 stat. 372, 30 u.s.c. 615).
4. Sections 453 and 2478 of the Revised Statutes, 43
u.s.c. 2 and 1201.
B. Regulations. 43 CFR 3860, 3861, 3862, 3863, and 3864.
c. Judicial Decisions. Cameron v. United States, 252 u.s.
450 (1920) .
. 04 Responsibility.
A. Director and Deputy Director. The Director and Deputy
Director are responsible for exercising the Director's
delegated responsibility concerning all mineral matters. This
oversight responsibility for all actions under the Mining Law
of 1872 is exercised through the Assistant Director and the
Deputy Assistant Director by the Chief, Division of Mining Law
and Salable Minerals.
BLMMANUAL
3860 - MINERAL PATENT APPLICATIONS
B. State Director. The State Director is delegated the
authority to precess all actions under the Mining Law. This
delegated authority is exercised by the Deputy State Director
for Mineral Resources and/or the Deputy State Director for
Operations, depending on individual state Office Delegation of
Authority pursuant to Manual Section 1203 •
. 05 References. Manual Sections 1860, 1862, and 3860 and the
Handbooks therein •
. 06 Policy. The Bureau's intent is for the applicant to be
given reasonable time frames for responding to information
requests. However, all applications must have a projected
completion date, which means patent issuance, application
rejection, or contest issuance. In processing the
application, each step should have a specific deadline for
completion. This involves the creation of a state Office
"tickler file," preferably in an automated format, for case
tracking purposes. An alternative to the automated tickler
file system is the use of Form 1274-7, Future Action suspense
Card.
A. Timeframes. All mineral patent applications received
on or before September 30 are to be adjudicated to the
issuance of the first half of the final certificate or to
rejection of the application on or before the following
September 30.
B. Diligence. Until the first half of the mineral entry
final certificate is issued, diligence in prosecuting the
mineral patent application by the applicant is to be strictly
enforced at all times. Applicants failing to submit
additional information or failing to prosecute the required
procedural steps within reasonable timeframes shall have their
applications rejected. The authorities for this type of
diligence requirement are found in the following cases:
Owyhee Calcium Products, 72 IBLA 235 (1983); Donald L. Clark,
64 IBLA 129 (1982); Donald L. Clark, 64 IBLA 132 (1982);
Donald L. Clark, 71 IBLA 169 (1983); and Dennis J. Kitts, 84
IBLA 338 (1985).
c. Serialization. All patent applications filed with the
Bureau are to be serialized (see Manual Section 1274).
BLM MANUAL
3860 - MINERAL PATENT APPLICATIONS
D. curable Defe9ts. Mineral patent applicants submitting
applications which do not contain the essential title
documents, proofs, and affidavits are to be issued a decision
within 30 days after the adjudicator receives the application.
The decision should ask the applicant to cure the defects in
30 to 60 days. Failure to cure within the allowed timeframe
will cause the application to be rejected without prejudice to
the refiling of the application at a later date.
E. Title. In conformance with 43 CFR 3862.1-3(c) and (d),
the chain-of-title must contain the required certified
documents (location certificate, amendments, and conveyances)
necessary to show complete chain-of-title to the mining claim
or mill site. certification must be performed by the legal
custodian of the records, as provided by State law. This will
normally be the county clerk or recorder. See Scott Burnham,
100 lBLA 94, 94 ID 429 (1988), and the cases cited therein,
especially subsequent to 94 ID 445; and Scott Burnham (ON
RECONSIDERATION), 102 IBLA 363 (1988), ~specially pages
369-371. The title documents must be compared to the material
in the Bureau's mining claim recordation files to ensure that
nothing is overlooked or omitted by the applicant.
F. Title Opinion. If the chain-of-title is complete to
the satisfaction of the adjudicator, referral to the Solicitor
for a title opinion is not necessary.
G. Tracking Requests for Information. All letters and
interlocutory decisions requesting or requiring information
must have due dates to be met by the applicant. Tickler files
or similar means must be used to alert the adjudicator of due
dates that have been missed. Within 10 working days after the
due date, initiation of the next action step is to be taken.
H. Final Proofs and Statements. The final proofs and
statements should be requested within 15 working days of the
receipt of the proof of publication from the applicant. The
purchase price cannot be accepted before receipt of the
required final proofs and statements.
BLM
3860 - MINERAL PATENT APPLICATIONS
I. First Half of the Mineral Entry Final Certificate. The
first half of tha mineral entry final certificate is to be
drafted during the publication process so that it can be
issued immediately after all of the final statements and
proofs are in and the purchase price is accepted. Issuance of
the first half of the final certificate segregates the land
and prevents new rival locations from being established upon
the land claimed. See scott Burnham, supra. The records are
to be noted immediately.
J. Date of Issuance. The date of the issuance (date of
entry) of the first half of the final certificate must be the
date of the acceptance of the purchase price. This is because
the date of acceptance of the purchase price (when called for
by the authorized officer) is the legal date of vesting of
equitable title (a protected property right) in the applicant,
and the final certificate is actually effective on that date.
The land is segregated from all further entry under the public
land and mineral laws on the date of entry. See United states
v. Norman A. Whittaker COn Reconsideration), 102 IBLA 162
(1988), and the cases cited therein, especially 102 IBLA
165-166. The master title plat and historical index must be
promptly noted as to the segregative effect as soon as the
first half of the mineral entry final certificate is issued.
K. Request for Mineral Examination. The mineral
examination shall be requested within 10 working days of the
issuance of the first half of the final certificate. BLM
District andjor Area Offices and other surface management
agency offices must be kept aware of the case processing
schedule, so they can schedule their work for the mineral
examination and mineral report.
L. Leasable Mineral Report. If the mining claim was
located after August 13, 1954 (30 u.s.c. 524), a leasable
mineral report is required before patent issuance to determine
whether to reserve the leasable mineral estate.
M. Schedule for Mineral Examination. Mineral examinations
are to be scheduled as far in advance as possible to take
advantage of field seasons and personnel availability. This
should be accomplished through coordination and communication
between the state Office, District andjor Area Offices, and
other surface management agencies in projecting the date when
a request will be forwarded for the mineral report.
BLM MANUAL

3860 - MINERAL PATENT APPLICATIONS
N. If the applicant does not supply the mineral examiner
with the necessary information concerning the character,
quality, quantity, and marketing of the mineral or minerals
claimed for discovery, the examination shall proceed. The
mineral report shall be based upon the information available
to the mineral examiner. (See Manual Section 3891 for a
discussion of discovery requirements).
.06N
o. Timeframe for Mineral Reports. Mineral reports are due
to the state Office mineral review examiner within 6 months of
the receipt of all assays and necessary laboratory work by the
mineral examiner.
P. Mineral Report Review. The State Office review mineral
examiner shall review the mineral examiner's report, and
either approve it and send it to adjudication or return it to
the examiner for revisions within 30 days of receipt of the
report. The mineral examiner shall complete the necessary
revisions to a returned mineral report within 30 days of its
receipt from the review mineral examiner.
Q. Patent or Contest Complaint Issuance. With the
exception of Alaska, the mineral patent shall be issued or a
contest action initiated within 30 working days of the
adjudicator's receipt of the approved mineral report from the
State Office mineral report reviewer. In Alaska, 60 working
days shall be the allowed time frame when a conflicting State
or Native selection must be rejected.
R. Exceptions. Exceptions to the above policy shall be
made when necessary in case of adverse claims, administrative
and judicial appeals, unseasonable weather, and where other
agencies are doing the mineral examinations under a memorandum
of understanding with the Bureau.
s. Pre-Application Conferences. This process will work
more effectively if the prospective applicants are counseled
before applying for patent by the adjudication staff.
BLM MANUAL
3860 - MINERAL PATENT APPLICATIONS
.07 File and Records Maintenance. Mineral patent application
files are serialized and maintained in accordance with the
existing Bureau file system. (See Manual Section 1274.) The
mining claim recordation files are to be updated continuously
as the mineral patent application progresses .
. 08 Service Charges. The nonrefundable service charge for a
mineral patent application is $250 for the application and the
first mining claim or mill site. An additional fee of $50 is
charged for each additional mining claim or mill site in the
application. The fees are receipted and placed into the
nonyear, reimbursable Treasury account 14xl109, Bureau code
45-4990.
BLM MANUAL
Glossary, Page 1
3860 - MINERAL PATENT APPLICATIONS
Glossary of Terms
-Aad;
oining claim: mining claim or site that lies alongside of
and abuts another mining claim or site. The claims are
in physical contact with each other. Claims which join
one another at a corner only are not considered
adjoining.
adverse claim: legal challenge under 30 U.S.C. 29 and 30
where a rival mining claimant comes forward and asserts
that he has mining claims covering part or all of the
land applied for in the mineral patent application.
Adverse claims may only be filed with the Bureau's
authorized officer during the required 60-day publication
period. Failure to file an adverse claim within the
required 60-day period forever bars the rival mining
claimant from challenging the applicant's right to the
land in the application on the grounds of conflicting
locations (30 u.s.c. 29). The adverse claimant must
commence a lawsuit in the proper court within 30 days of
filing the adverse claim, or forever waives the rights to
the conflicting location. Adverse claims may not be
filed on questions of mineral character or ownership,
only on rights of possession. (See 43 CFR 3871.)
amendment: technical correction to a certificate or notice of
location. Corrections may be made to the legal
description, claim name, or other information necessary
to accurately portray mining claim status. The
amendment's changes relate back to the original date of
location and all rights to the claim caused by the
amendment relate back to the original location date.
Even though an amendment may be used to change ownership,
a formal transfer of interest document under State law is
preferable. (See 43 CFR 3833.05(p).)
-cclearlist:
term which means that the applicant appears to
have met the requirements of the law and regulations for
patent, and that patent should issue, barring any last
minute complications concerning the application.
Rel. 3-266
BLM MANUAL
Glossary, Page 2
3860 - MINERAL PATENT APPLICATIONS
conflicting claim: mining claim or site that overlaps another
on the ground, creating a dispute as to the right of
possession of the land overlapped. See "adverse claim"
above.
contest hearing: a formal proceeding held by an
administrative law judge (ALJ) of the Office of Hearings
and Appeals. The purpose of the hearing is to determine
the validity of the allegations of an answered contest
complaint issued by the Bureau against the validity of
unpatented mining claims. Both parties to the complaint
are provided an opportunity to provide evidence to assist
the ALJ in rendering a decision. The ALJ's decision is
appealable to the Interior Board of Land Appeals by
either party involved in the contest complaint.
contiguous claims and corners: Mining claims and sites are
contiguous if they are directly adjoining or abutting
each other. Claims which merely join each other at a
corner, or which do not touch at any point, are not
contiguous. Claim corners are contiguous if they are
common to two or more mining claims or sites that adjoin
one another.
If an applicant owns a block of land, and applies for
mineral patent for the claims lying on either side of the
private land, the claims are considered to be contiguous.
Before the first half mineral entry final certificate
issues, claims withdrawn from the application by the
applicant may affect the "contiguous" definition. After
the first half mineral entry final certificate issues,
claims withdrawn from the application by the applicant,
or claims rejected by BLM, do not affect the contiguous
definition, as the applicant had title to the claims and
they were contiguous at the time of application. The
remainder of the claims in the application are still
deemed to be contiguous.
credible witness: witness who is shown to be knowledgeable of
the facts and circumstances concerning a particular
situation. A person who is personally familiar with the
land in question and of the acts of the applicant, who
has no financial interest in the claims in the
application.
BLM MANUAL

Glossary, Page 3
3860 - MINERAL PATENT APPLICATIONS
curable defect: an omission that has satisfied the
requirements of the law but not the requirements of the
regulations. Such omissions are not fatal defects but
are curable by issuing the applicant a decision itemizing
the defects or omissions, stating the required
information needed, and giving the applicant 30 days to
provide the requested material. Failure of the applicant
to comply causes the omission or defect to become fatal,
and the application can be held for rejection.
-Ddisinterested
witness: a credible witness who is not a family
member of the applicant, who has no legal interest in the
land claimed, and who will receive no remuneration or
gratuity from the applicant.
-Eentry:
under the public land and mineral laws, the act of
taking physical possession of the ground so as to
establish possessory rights under applicable statute. An
"entry" is also an application that, if perfected under
the applicable statute, will result in a patent to the
applicant.
equitable: what is right or fair. At common law, the
application of the doctrines of fairness and common sense
to the situation at hand.
equitable adjudication: the process of applying common sense
and fairness to a defective patent application, taking
into account the good faith of the applicant, the cost
and extent of his physical improvements, the nature of
his irregularity in the patent proceedings, the interest
of the United States; and determining how much, if any,
of the land entered should be patented. Equitable
adjudication is the last step in the patenting process.
Equitable adjudication is exercised only after the entry
has been allowed (the first half of the final certificate
has issued), and there are no lawful adverse claims to
the same land. (See Manual Section 1870 for additional
details.)
BLM MANUAL
Glossary, Page 4
3860 - MINERAL PATENT APPLICATIONS
-Ffact-
finding hearing: a formal Bureau proceeding to acquire
evidence and testimony on disputed facts and issues
concerning a particular action or application. A hearing
requires a hearing officer (administrative law judge) and
a court reporter (or equivalent person) to record a
verbatim transcript of all things said for the official
record. The record of the hearing becomes the Bureau's
basis for its adjudication of the facts and issues which
were the subject of the hearing.
final certificate: Bureau form 1860-1, Mineral Entry Final
Certificate (FC). The final certificate has two halves,
each of which serves a purpose in the patent process.
At the conclusion of the publication process, after
receipt of the publisher's affidavit, receipt of the
final proofs, and acceptance of the purchase price, the
authorized officer causes the first half of the final
certificate to be completed. The information includes
the authority for the type of claims being patented, the
names and numbers of the claims in the application, the
legal description of the land, and any exceptions of land
or claims from the application.
Issuance of the first half of the final certificate
grants equitable title to the applicant, relieves the
applicant of the requirement to perform assessment work,
and segregates the land from all forms of entry and
appropriation under the public land and mineral laws.
The second half of the final certificate is completed
after the mineral examination report is written and
approved and the mining claims are clearlisted for
patent. The second half becomes the master plat for the
patent itself. It contains the names and descriptions of
the claims cleared for patent and any reservations
required by law to be included in the patent.
final proofs: the final documents and statements that an
applicant must submit to the authorized officer in order
to have equitable title to the land vested in the
applicant via the issuance of the first half of the final
certificate. These are submitted after the publication
period has ended, the publisher's affidavit has been
filed, and no adverse claims have been filed. They are
as follows (see 43 CFR 3862.4-6):
BLM MANUAL
Glossary, Page 5
3860 - MINERAL PATENT APPLICATIONS
1. A statement of all charges and fees paid by the
applicant for publication and surveys.
2. A statement of all fees and monies paid to the
authorized officer.
3. A sworn statement by the applicant as to proof of
posting of the notice of intent to patent during the
60-day publication period. (See 43 CFR 3862-5 and
Dennis J. Kitts, 84 IBLA 338, 340 (1985) .)
-IInterior
Board of Land Appeals: The Department of the
Interior's review authority, established by Secretarial
direction and the Administrative Procedures Act, is the
Interior Board of Land Appeals. The Board reviews
appeals of final Interior agency actions and rules on
behalf of the Secretary. The decisions of the Board are
binding upon all employees of the Department and the
public under the Administrative Procedures Act and 43 CFR
Part 4. The Board, when reviewing a case, will issue a
decision which disposes of a matter in one of four ways,
as follows:
1. Affirmed. The decision of the Bureau is upheld and
it becomes the final decision of the Department.
The claimant may then sue in Federal Court for judicial
review of the Secretary's decision under the
Administrative Procedures Act (5 U.S.C. 554 et
seq. ) .
2. Affirmed as Modified. The Bureau's decision is
upheld, but is modified because of the Board's interpretation
of finer points of law or regulation.
3. Reversed and Remanded. The Bureau's decision is
found to be in error and is overruled.
Rel. 3-266
BLM MANUAL 7/9/91
3860 - MINERAL PATENT APPLICATIONS
4. Set Aside and Remanded. The Bureau's decision is
suspended and returned to the authorized officer for
additional fact finding and for adjudication. This
happens when the case file is not properly
documented, and the Board cannot reach a decision
because of missing information. If the required
procedures were not followed in adjudicating the
case, the Board will also set the decision aside and
return the case to the authorized officer for the
necessary procedural steps to be completed.
-Lland
district: the geographic State where the mining claim or
site is located. In Alaska, the State is divided into
two "land districts," one at Fairbanks and the other in
Anchorage. In the days of the General Land Office, a
land district was the area administered by the office of
the local Registrar and Receiver of the General Land
Office.
lode claim: a mining claim located under 30 U.S.C. 23 (1982)
for " ... veins or lodes of quartz or other rock in
place ... " Lode claims are located by metes and bounds
and are limited by statute to a maximum length of 1500
feet and to a maximum width of 300 feet on either side of
the vein or lode.
-Mmill
site: a mineral appropriation under 30 u.s.c. 42 (1982)
to use or occupy nonmineral land in support of a mining,
milling, extraction, or development activity, or other
uses reasonably incident thereto. Mill sites are limited
to 5 acres in size and may be located by metes and bounds
or by legal subdivision. Two classes of mill sites exist
under the law:
1. Dependent mill sites. These are located in support
of a lode or placer claim and depend on the validity
of the associated lode or placer claim for their
existence.
BLM MANUAL
Glossary~ Page 7
3860 - MINERAL PATENT APPLICATIONS
2. Independent or custom mill sites. These are located
to provide custom milling and processing of ores
from various lode claims, which may or may not be
owned by the mill site owner. They are not located
in support of a particular lode claim and stand on
their own use or occupancy for validation and
patent.
mineral examiner: a geologist or mining engineer who is
certified by the Director pursuant to Manual Section
3896, to perform validity examinations and who can
testify at a hearing as an expert witness for the
Government.
mineral survey: a special survey of a lode claim, or a placer
claim or mill site that lies on unsurveyed land, or lies
on surveyed land but does not conform to the rectangular
survey system. Mineral surveys are performed by U.S.
Deputy Mineral Surveyors who are appointed by the
Director, acting through the Chief, Division of Cadastral
Survey. Mineral surveys, if required, must be completed
and approved before a patent application can be filed.
-0-
Office of Hearings and Appeals (ORAl: an authorized
representative of the Secretary of the Interior for
hearing, considering, and determining, as fully and
finally as might the Secretary, matters within the
jurisdiction of the Department involving hearings,
appeals, and other review functions of the Secretary.
The Director of OHA oversees a Hearings Division and the
Appeals Boards. The Hearings Division consists of
administrative law judges authorized to conduct hearings
in cases concerning the public lands, including mining
claim contests. The Appeals Boards consists of
administrative judges.
BLM MANUAL
Supersedes Rd. 3-3 3
Rel. 3-266
7/9/91
Glossary, Page 8
3860 - MINERAL PATENT APPLICATIONS
-Pnlacer
minina claim: a mining claim located under 30 u.s.c.
35 and 36 (1982) for all "placer'' (detrital mineral)
deposits and for any deposit that cannot be located as a
lode claim. Placer claims are normally located by legal
subdivision, but may be located by metes and bounds in
unsurveyed lands or to conform to river bottoms on
surveyed lands. Placer claims are 20 acres in size.
Association placers may be located with 20 acres per
locator, up to the statutory maximum of 160 acres with at
least 8 locators.
nrotest: an allegation that the patent applicant or the
agency has not complied with the Mining Laws or the
regulations in some respect and, therefore, patent should
not issue. Protests can be filed at any time during the
patenting process by anyone, including the applicant.
The Bureau must always adjudicate the protest and issue a
decision. The decision will either accept the protest,
thereby stopping the patenting process until the
irregularity is resolved; or deny the protest, giving the
reasons why the protest cannot be accepted. Decisions
are appealable to the Interior Board of Land Appeals
under 43 CFR Part 4. Protests cannot be used by rival
claimants with conflicting mining claims to settle
adverse claims. Instead, rival claimants must file
adverse claims during the 60-day publication period as
required by 30 U.S.C. 29 and 30.
purchase price: the statutory price per acre to be paid for
the land contained in the patent application. The
purchase price can only be accepted by the authorized
officer after the publication period has expired, the
publisher's affidavit has been received, and no adverse
claims or protests have been filed.
The courts have ruled that when the purchase price is
accepted, the date of acceptance is the date that
equitable title passes to the applicant and a property
right is created that cannot be taken away without due
process (a mineral contest action). Therefore, the
effective date (date of entry) of the first half of the
final certificate is the date of acceptance of the
purchase price.
BLM MANUAL
Glossary, Page 9
3860 - MINERAL PATENT APPLICATIONS
The receipt of the purchase price by the accounts section
does not mean that the Bureau has accepted the purchase
price. The money can only be earned ("accepted") when
the required affidavit of publication and final proofs
and statements have been received, and no adverse claims
have been filed. Purchase monies received prematurely
are not "accepted" and remain in the unearned account
until the legally required documents are received. Then
the purchase price can be "accepted" and earned.
Lode claims with dependent mill sites or independent mill
sites are purchased for $5 per acre or fraction thereof
(30 U.S.C. 30 and 42(a)). Placer claims and dependent
mill sites are purchased for $2.50 per acre or fraction
thereof (30 u.s.c. 37 and 42(b)).
-Rrelocation:
staking of a new mining claim or site over ground
previously located, but now abandoned and open to
location. (See 43 CFR 3833.05(q).)
review mineral examiner: a mineral examiner who has been
certified by the Director pursuant to Manual Section 3896
- Certification of Mineral Examiners, to review and
technically approve mineral reports prepared by a mineral
examiner concerning validity, mineral in character, and
surface use determinations. A mineral examination report
for a patent application may not be acted upon by the
adjudicator until it has been approved and signed by the
designated state Office review mineral examiner.
-s supplemental
patent: a patent issued for part of the land
contained within an application after the primary patent
has issued. Examples of when supplemental patents may be
required are when the land applied for may be too large
to cover in one field season for the mineral examination,
or portions of the land may have been contested and the
Department ruled in favor of the applicant.
BLM MANUAL
Glossary, Page 10
3860 - MINERAL PATENT APPLICATIONS
suoolemental plat: a plat prepared entirely from office
records des:i.gned to show a revised subdivision of one or
more sections without change in the section boundaries
and without other modification of the record.
Supplemental plats are required where the plat fails to
provide units suitable for administration or disposal, or
where a modification of its showing is necessary. They
are also required to show the segregation of alienated
lands from public lands, where the former are included in
irregular surveys of patented mineral or other private
claims made subsequent to the plat of the subsisting
survey, or where the segregation of the claims was
overlooked at the time of its approval.
-wwithdrawn
lands: lands that are removed or closed from entry,
sale, or disposition under land and or mineral laws.
Lands are withdrawn by publication of a public land order
(PLO), executive order (EO), or Federal Register
publication under the authority of FLPMA. When
adjudicating a mineral patent application, the
adjudicator must review the historical indices to
determine if a withdrawal affects mining claims in the
application. The entire historical index must be
reviewed. If a withdrawal occurred or is in existence,
the order or Federal Register publication creating the
withdrawal must be examined to determine its effect on
the patent application.
BLM MANUAL

 

[SaltwaterServr]

If there is a mining history page, this would be better put there.

 

[Assembler]

If there is a mining history page, this would be better put there.

Yes. Do not see one at this time.
If a history page come available will move this topic thread there.

 

[Assembler]

If a library or document page comes available will move this topic thread there.

 

[Assembler]

Bureau of Land Management Library

The following has books that can be downloaded in different formats:
Bureau of Land Management Library
The BLM Library collection includes a full range of land and natural resource management publications including wildlife, vegetation, soil, air, water, geology, minerals, archaeology, energy, landscape ecology, rangeland, and others.
https://archive.org/details/blmlibrary?and[]=subject%3A%22Mining%20law%22

There is a lot of information there in the library.