For Immediate Release: April 6, 2004
Contact: Jim Edward, 303-239-3773 or Roy Drew, 303-239-3772
 

BLM Director signs mineral patent for Mt. Emmons Mining Company

Lakewood, CO- Bureau of Land Management (BLM) Director Kathleen Clarke signed a mineral patent for Mt. Emmons Mining Company, on April 2, for nine lode mining claims totaling approximately 155 acres within the Gunnison National Forest, three miles northwest of Crested Butte, Colorado.

Mt. Emmons Mining Company, a subsidiary of Phelps Dodge, submitted a patent application for molybdenum on December 30, 1992.  Congress placed a moratorium on adjudicating mineral patent applications after September 30, 1994.  The Mt. Emmons’ patent application was “grandfathered” because the First Half Final Certificate (FHFC) was signed by the Secretary of the Interior December 23, 1997.

Over a two-year period, a complex mineral examination was conducted by the Forest Service including a detailed economic analysis performed by contractor.  The U.S. Forest Service produced a mineral report recommending a patent issuance to nine of the 10 claims in the application.  The final report was signed June 20, 2003.

Protests against issuance of the mineral patent were filed by three groups:  the High Country Citizens Alliance, the Town of Crested Butte, and the Gunnison County Board of County Commissioners.  The protests alleged that Mt. Emmons Mining Company had not produced sufficient information regarding market data, environmental costs, and water rights, and the company otherwise did not meet the legal requirement for obtaining a patent under the 1872 Mining Law. Director Clarke dismissed these protests on the grounds that the protesters had not demonstrated the bureau’s determination was in error.

The Mining Law of 1872 allows individuals or companies to discover and locate mining claims on public lands, and to mine and remove valuable minerals within the claim boundaries.  However, issuance of the patent does not necessarily lead to the immediate development of the mine. Once patented, the lands become private property and the BLM and Forest Service no longer have any management authority over them.  Mining and Reclamation Permits on the patented acreage will be handled by the Colorado Division of Minerals/Geology.

 -BLM-