* MINING CLAIM PATENTING

Mineral Patents

Note: Since October 1, 1994 the BLM has been prohibited by Act of Congress from accepting any new mineral patent applications. The moratorium is annually renewed through the Interior Appropriations Acts. It is unknown how long this moratorium will continue.
(Note from this web sites author: As of September 11th the thinking of the current administation is conducive to rolling back many of the restrictions from the previous administation in the hopes of breaking our dependency,to other countries for oil and minerals )

A patented mining claim is one for which the Federal Government has passed its title to the claimant, making it private land. A person may mine and remove minerals from a mining claim without a mineral patent.
However, a mineral patent gives the owner exclusive title to the locatable minerals. In most cases, it also gives the owner title to the surface and other resources.
Requirements for filing mineral patent applications may be found in 43 CFR 3860 and BLM State Offices.
Mineral patents can be issued for lode and placer claims and mill sites, but not for tunnel sites.

Patenting requires the mining claimant to demonstrate the existence of a valuable mineral deposit that satisfies the prudent man and marketability tests (discovery).

In addition, the applicant needs to: