Bureau of Land Management

 REQUESTS FOR PATENTS – BLM All patents and quit claim deeds are issued by the applicable State Office. The delegation of authority for who signs conveyance documents will vary by State. Patents are prepared and issued in accordance with BLM Manual 1860 /H-1860-1 – Conveyance Documents, and BLM Manual 1862/H-1862-1 – Patent Preparation and Issuance. Patents are issued on Forms 1860-8 (1 page), or 1860-9 and 1860-10 (multiple pages). Many offices are using electronic versions of these documents.Requests for the issuance of patents are signed by the Field or District Office Manager, and become a permanent record in the patent case file. The request should contain sufficient information to confirm that all legal and regulatory requirements have been met for the disposal action. The request must be accompanied by the official case file. If for any reason it is not, copies of the case file documents referenced below must be provided with the request. All patent requests should include the following information:Legal authority for the conveyance action.Full legal name of patentee(s). Include a copy of Certificate of Eligibility signed by all patentees and any required corporate or trust documents. Description and acreage of lands to be conveyed.The legal description must conform to the public land survey system, according to the most recent official plat of survey. For quitclaim deeds, the description for re-conveyed lands may be based on private survey data that was reviewed and accepted by BLM Cadastral Survey at the time of re-conveyance to the U.S. Review of the description and acreage by BLM Cadastral Survey is highly recommended (see sample Land Description Review Worksheet in Title Clearance Section)Interests to be excepted and reserved to the U.S., which may include: Ditches and canals under the Act of August 30, 1890 (43 U.S.C. 945); required on all patents issued west of the 100 degree meridian, except for Indian allotments, Alaska Native claims, and some legislated transfers. Minerals. State which minerals are to be conveyed or reserved to the U.S. The reservation or conveyance of minerals must be supported by an approved mineral potential report.Federal Power Act reservation, if applicable.Easements, rights-of-way, or other interests of the U.S., such as interstate power lines, Federal Aid highways, etc. Rights-of-way held by other Federal agencies. Include authority, holder, and serial number of R/W authorization, and lands affected (down to 40 acre aliquot parts) if R/W does not cross all lands in the patent. For excepted and reserved R/Ws, be aware of the Dan Bradshaw Decision, 161 IBLA 116, April 7, 2004, and the potential implications this decision may have on the conveyance. The Solicitor’s Office should be consulted prior to including any non-standard reservations in the patent document, particularly those that obligate the U.S. to future monitoring and enforcement. Third party rights: Where the patent is issued subject to third party rights, the patentee will become the administrator of these rights. Check master title plats and LR2000 to make sure all authorizations and pending applications are identified and authorized users have been properly notified. If there are no authorizations, state this in the patent request. Rights-of-Way, Leases and Permits: Include holder name, authority, serial number and description of lands affected when R/W/Lease/Permit does not cross all lands in patent. Compliance with BLM Policy and Procedures for Issuance of “Long Term” R/W Grants and Easements Over Public Lands to Be Transferred Out of Federal Ownership (July 2007). State that the holders of qualifying R/Ws have been notified of the opportunity to convert their R/W to an easement or to amend their grant to perpetual (or 30-year) term (copies of notices must be in case file), and whether any holders opted to convert or amend their R/W. The FO must plan to synchronize any R/W actions with issuance of patent. Grazing Leases/Permits: State in the request that all lessees/permittees have been provided with notice required under 43 CFR 4110.4-2(b), or that there are no grazing leases/permits affected by the conveyance action. State whether there are any range improvements requiring compensation.For valid permits, identify lessee/permittee name, lease identification number, and expiration date. Mineral Leases/Permits:Include lessee name, authority, serial number, and affected lands if not all lands in the patent are affected. If the U.S. is reserving minerals that are subject to a lease, do not include the lease in this section. Provide notice in the patent , similar to the following example: This exchange is made under Section 29 of the Act of February 25, 1920 (30 U.S.C. 186), and the Act of March 4, 1933 (30 U.S.C. 124), and the patent is issued subject to the rights of prior permittees or lessees to use so much of the surface of said lands as is required for mining operations, without compensation to the patentee for damages resulting from proper mining operations, for the duration of oil and gas lease _________ as to Sec. _____, and any authorized extensions of this lease.Mining Claims: State in the request that LR2000 has been searched and there are no mining claims of record. In rare cases where a conveyance is to be made subject to a mining claim, the patentee must be notified and willing to accept title subject to the claim and to any and all rights that the claimant may have pursuant to the laws of the U.S. and the State. Consult with the Solicitor’s Office. Miscellaneous Provisions Floodplain restrictions (Executive Orders 11988): If lands are within a floodplain, identify which uses would be restricted under Federal, State, or local floodplain regulations. If the lands are not within a floodplain, this should be stated to confirm that the Field Office completed a review. Indemnification provisions: Patentee must be give prior notice if indemnification provisions are to be included in the patent. Authority-specific provisions, such as those required under the R&PP Act or special legislative provisions.Other: The Solicitor’s Office should be consulted prior to the inclusion of any non-standard provisions in a conveyance document. Avoid the inclusion of any provisions that require future BLM monitoring and enforcement. Appraisal Information: If the conveyance is a sale, exchange, or R&PP action requiring an appraisal, include the appraised value, effective date of the valuation, and the approval date by the Office of Valuation Services. The BLM authorized officer must accept the appraisal report for agency use, and determine the period for which the appraised value is valid for use in the conveyance action (See WO IM 2004-190).Environmental Site Assessment (ESA): Identify approval date of the ESA by Field Office Manager and summarize the conclusions of the ESA. Conveyance action must occur within 1-year following ESA approval date. Planning Conformance and NEPA Documentation: State that the conveyance is in conformance with the approved land use plan, and include the name and approval date of plan. Identify the NEPA document completed and date of the Decision Record for the conveyance action, if applicable. A current serial register page, updated in compliance with required data standards (WO IM 95-27, as supplemented), should be in the case file. Instructions for delivery of the patent document.Additional information required for Recreation and Public Purpose (R&PP) PatentsIdentify approval date of development and management plan. Copy must be in case file.State that lessee has complied with all lease terms (including rental payments), and has sufficiently developed the lease area in accordance with the approved plan.Identify the pricing for the R&PP conveyance, per BLM Handbook H-2740-1.Proof of publication of the Notice of Realty Action (NORA)/Classification showing the lands have been classified for conveyance, and proof of notification to the required parties. Address any public comments received. If a patent is requested on lands that have not been leased or if leased acreage has not been developed, State Director concurrence is required. Additional information required for FLPMA Sec. 203 SalesA CBS receipt showing purchase price has been received and deposited into the proper account or into suspense. Funds may qualify for deposit into the FLTFA Account. If the funds are wired to an escrow account held by a title company, verify the deposit and provide wiring instructions to the title company. Once funds are wired to the United States, include the CBS transaction receipt.Proof of publication of the NORA, and proof of notification to required parties. The NORA should have identified all terms and conditions to be included in the patent. Address any public comments received.Additional information required for Exchange Patents Proof of publication of the Notice of Decision (NOD) and proof of notification to required parties. Address any public comments received.Decision Record for the exchange. If any lands that were identified in the Notice of Exchange Proposal have changed, this must be addressed in the Decision Record and NOD. ACTIONS FOLLOWING ISSUANCE OF A PATENTUsually performed by State Office: Note the master title plat and historical index.Update land ownership layer in GIS. Update LR2000.Provide notice to Governor or State pursuant to Section 210 of FLPMA.Earn deposited funds into the appropriate account, if not already done. Usually performed by Field Office:Provide notice to all authorized users that the lands have transferred to patentee and what effect the transfer has on their R/W, lease, or permit. Provide patentee with copies of the authorization documents. Make the necessary acreage and rental adjustments to authorizations where portions remain under U.S. jurisdiction. Update LR2000 and request notation to the master title plats. Notify Field Office personnel that lands have left Federal ownership. ................
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