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How to Convert an Unpatented Mining Claim to Patented

The difference between an unpatented and patented mining claim is that an unpatented mining claim gives its holder the rights to complete exploration and development work on a parcel of land but offers no rights to mineral ownership. The holder of a patented mining claim possesses full ownership of the property, including the rights to minerals and certain surface resources. To convert an unpatented mining claim to a patented claim, holders of the unpatented claim must complete their due diligence.

Things You'll Need

Evidence of mineral discovery
Proof of improvement expenditure
Mineral survey
Land claim title

Instructions

- 1
  Discover a valuable mineral deposit on your claim and gather the supporting evidence. Proof can come through a variety of means, including geologic maps, assay plans, historical data of mineral production, geological surveys and geochemical analysis.
- 2
  Complete at least $500 worth of improvement work on the property. Improvement expenditures must be directly related to development on the land that will aid mineral extraction. Most mineral proof expenditures will not qualify.
- 3
  Have a mineral survey completed by an approved surveyor. The Bureau of Land Management can provide you with a list of approved surveyors.
- 4
  Stake your property's boundaries clearly and post a notice of intent to patent. Publish your intentions in the local newspaper for a minimum of 60 days.
- 5
  File with the Bureau of Land Management and pay a nonrefundable fee. With the filing you will have to provide all gathered evidence in addition to your claim title. If your patent application is approved, you will be required to pay a per-acre purchase fee.

Rocks & Minerals