§ 1719. — Mineral interests; reservation and conveyance requirements and procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1719]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER II--LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
Sec. 1719. Mineral interests; reservation and conveyance
requirements and procedures
(a) All conveyances of title issued by the Secretary, except those
involving land exchanges provided for in section 1716 of this title,
shall reserve to the United States all minerals in the lands, together
with the right to prospect for, mine, and remove the minerals under
applicable law and such regulations as the Secretary may prescribe,
except that if the Secretary makes the findings specified in subsection
(b) of this section, the minerals may then be conveyed together with the
surface to the prospective surface owner as provided in subsection (b)
of this section.
(b)(1) The Secretary, after consultation with the appropriate
department or agency head, may convey mineral interests owned by the
United States where the surface is or will be in non-Federal ownership,
regardless of which Federal entity may have administered the surface, if
he finds (1) that there are no known mineral values in the land, or (2)
that the reservation of the mineral rights in the United States is
interfering with or precluding appropriate nonmineral development of the
land and that such development is a more beneficial use of the land than
mineral development.
(2) Conveyance of mineral interests pursuant to this section shall
be made only to the existing or proposed record owner of the surface,
upon payment of administrative costs and the fair market value of the
interests being conveyed.
(3) Before considering an application for conveyance of mineral
interests pursuant to this section--
(i) the Secretary shall require the deposit by the applicant of
a sum of money which he deems sufficient to cover administrative
costs including, but not limited to, costs of conducting an
exploratory program to determine the character of the mineral
deposits in the land, evaluating the data obtained under the
exploratory program to determine the fair market value of the
mineral interests to be conveyed, and preparing and issuing the
documents of conveyance: Provided, That, if the administrative costs
exceed the deposit, the applicant shall pay the outstanding amount;
and, if the deposit exceeds the administrative costs, the applicant
shall be given a credit for or refund of the excess; or
(ii) the applicant, with the consent of the Secretary, shall
have conducted, and submitted to the Secretary the results of, such
an exploratory program, in accordance with standards promulgated by
the Secretary.
(4) Moneys paid to the Secretary for administrative costs pursuant
to this subsection shall be paid to the agency which rendered the
service and deposited to the appropriation then current.
(Pub. L. 94-579, title II, Sec. 209, Oct. 21, 1976, 90 Stat. 2757.)
Section Referred to in Other Sections
This section is referred to in sections 299, 2304 of this title;
title 30 section 193.
