Mining

Mineral Entry

The appropriation of federal land under the mining laws, by locating mining claims on land open to mineral entry and, historically, by entry for a mineral patent.

Detailed Definition

Mineral entry is the appropriation of federal land under the mining laws. The phrase shows up in two ways: whether land is "open to mineral entry" (see Open to Entry), and the mineral entry made when a mining claim goes to patent.

Definitions

  • BLM's Glossary of Surveying and Mapping Terms defines entry as "An application to acquire title to public lands," and mineral land entry as "Filing a claim to hold or purchase lands belonging to the public domain and valuable for the minerals they contain, implying a prior discovery of ore and the opening of a mine."
  • The Mining Law's grant: "all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such" (30 U.S.C. 22).
  • Placers "shall be subject to entry and patent, under like circumstances and conditions, and upon similar proceedings, as are provided for vein or lode claims" (30 U.S.C. 35).

Which minerals

Mining claims are for locatable minerals only; BLM's brochure "Mining Claims and Sites on Federal Lands" separates them from leasable and salable minerals. Under BLM's rules a mineral is locatable if it is "Subject to the General Mining Law," "Not leasable under the Mineral Leasing Acts," and not salable under the mineral materials laws (43 CFR 3830.11), and it must be "Found on Federal lands open to mineral entry" (43 CFR 3830.12(a)(2)). BLM's page on locating a mining claim adds: "Only public domain minerals are locatable minerals." See Public Domain Lands.

Closed and reopened land

BLM's rules "do not authorize locating any new mining claims on Federal lands closed to mineral entry, including units of the National Park Service" (43 CFR 3830.2). Withdrawn or segregated land comes back only by an opening, which restores land "to operation of the public land laws, including the mining laws," and "Depending on the language in the opening order, an opening may restore the lands to the operation of all or some of the public land laws" (43 CFR 2091.0-5(f)).

In patent files and land records

BLM issues a final certificate once it concludes the patent applicant met the paperwork requirements, "Published notice of the patent application and received no adverse claims," paid the purchase price, and made a discovery (43 CFR 3830.5). BLM's brochure calls it the "mineral entry final certificate." BLM's glossary lists the land status abbreviations "ME" (Mineral Entry), "OE" (Open to Entry), "NOE" (Not Open to Entry), and "NOM" (Not Open to Mining).

Why it matters in mining claim research

On a master title plat, a mineral entry marks the patent stage, not a bare location. A location gives a possessory right; a patent conveys title, "making it private land," in the words of BLM's brochure. A noted entry that went to patent took the ground out of location.