Revised Mineral Patenting Procedures

UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240

August 1, 2001

In Reply Refer To:
3860 (WO-320) P
Ref. IM No. 2001-075

EMS TRANSMISSION 08/03/2001
Instruction Memorandum No. 2001-187
Expires: 09/30/2002

Program Area: Solid Minerals; Grandfathered Mineral Patent Applications

Background: On April 10, 2001, Secretary Gale Norton signed Secretarial Order No. 3228 delegating her authority to sign mineral patents and mineral entry final certificates to the Assistant Secretary, Land and Minerals Management (ASLM). She also authorized the ASLM to re-delegate that authority to the Director. On June 28, 2001, the ASLM re-delegated the authority to the Director through Departmental Manual Release Nos. 3364 and 3365. See Attachment 1.

Purpose: This instruction memorandum describes the new procedures the Bureau will follow to process the remaining grandfathered patent applications.

Policy/Action: Unless a particular patent application raises unique issues or is controversial, the Assistant Secretary, Land and Minerals Management, and the Secretary will not review mineral patent applications.

Review of First Half of Mineral Entry Final Certificates (FHFC)

On February 8, 2001, the Bureau formally discontinued the use of the FHFC and Second Half of Mineral Entry Final Certificate (SHFC) forms. See WO IM 2000-075. The revised form 1860-1 is a single-paged Mineral Entry Final Certificate. Despite this change, the Director will still sign the FHFC for those patent applications which are grandfathered from the patent funding moratorium. Consequently, when the FHFC for a grandfathered application is ready for signature, send the mineral patent application to the Director in the following way:

1. Prepare a cover memorandum from the State Director to the Director (320) using the format and including the information shown in Illustration 1. Also include information regarding any sensitive issues that relate to the application. The concurrence page used previously is no longer necessary.
2. Complete the FHFC in duplicate (an original and a surname copy). See also Bureau Handbook H-3860-1, Chapter VI.
3. Use the title "DIRECTOR" for the signature block on the FHFC.
4. Place the original FHFC in a plastic protective cover.
5. Send the original case file with the FHFC. Keep a dummy file for State Office records.
6. Send the application package via Federal Express to:

Roger Haskins WO 320
Bureau of Land Management
Room 1075 – 1620 L Street NW
Washington, D. C. 20036

If WO 320 agrees that the FHFC is ready for signature, the package will be sent to the Solicitor's Office for legal review. After the Solicitor's Office completes its review, it will deliver the package to the Assistant Director (300). The Assistant Director will review the package and take it to the Director for final action. If the Director signs the FHFC, WO 300 will date stamp the FHFC and return the package to the proper State Office via Federal Express.

Review of Grandfathered Mineral Patent Applications

When a patent for a grandfathered application is ready for signature, send the SHFC and mineral patent to the Director for review and final action in the following way:

1. Prepare a cover memorandum from the State Director to the Director (320) using the format and including the information shown in Illustration 2. Also include information regarding any sensitive issues that relate to the application. The concurrence page used previously is no longer necessary.
2. Complete the SHFC in duplicate (an original and a surname copy). See also Bureau Handbook H-3860-1, Chapter VIII.
3. Use the title "DIRECTOR" for the signature block on the SHFC and mineral patent.
4. The State Office must prepare the patent documents. Fill in the signature block as follows:

GIVEN under my hand, in the CITY OF WASHINGTON, DISTRICT OF
COLUMBIA the                                day of                                in
the year of our Lord two thousand and
and of the Independence of the United States the two hundred and

By_______________________________________________
       DIRECTOR

5. Send two original patent documents on bond paper with an extra copy of the signature page. Also send a copy of the patent document for surnaming. The two originals are for signing. One of the originals will be sent to the patentee. The second original will be sent to the State Office official file and eventually to the National Archives. WITHOUT EXCEPTION, prepare the patent documents according to Bureau Manual Section 1862 - Patent Preparation and Issuance and Bureau Handbook H-3860-1 - Mineral Patent Application Processing.
6. Place the original SHFC and mineral patent documents in a plastic protective cover.
7. Send the original case file with the SHFC and mineral patent documents.
8. Send the application package via Federal Express to:

Roger Haskins WO 320
Bureau of Land Management
Room 1075 – 1620 L Street NW
Washington, D. C. 20036

If WO 320 agrees that the SHFC and the mineral patent are ready for signature, the package will be sent to Solicitor's Office for legal review. After the Solicitor's Office review is complete, it will deliver the package to the Assistant Director (300). The Assistant Director will review the package and take it to the Director for final action. If the Director signs the SHFC and the mineral patent, the Director's Office will follow the signing instructions on Attachment 2 before returning the package to the Assistant Director's Office, which will Fedex the package to the proper State Office.

Timeframes: This policy is effective immediately.

Budget Impact: None

Manual/Handbook Sections Affected: Manuals 3860, 3862; Handbook H-3860-1.

Coordination: Usual Channels.

4 Attachments

1 - Departmental Manual Release Nos. 3364 and 3365 (8 pp)
2 - Instructions for Signing Mineral Patents (2 pp)
3 - Sample Transmittal Letter for FHFC Packages (1 p)
4 - Sample Transmittal Letter for Mineral Patents (1 p)