§ 704. — Purchase of substitute lands; limitations; conditions; payment; conveyance of less than a fee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC704]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 20--CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS
Sec. 704. Purchase of substitute lands; limitations; conditions;
payment; conveyance of less than a fee
(a) If the Secretary of the Interior determines that conveyance of
an interest under section 701 of this title is otherwise justified but
the consent required by section 703 of this title is not given, he may,
in accordance with such procedural rules and regulations as he may
prescribe, grant the applicant a right to purchase, for residential use,
an interest in another tract of land, five acres or less in area, from
tracts made available by him for sale under this chapter (1) from the
unappropriated and unreserved lands of the United States, or (2) from
lands subject to classification under section 315f of title 43. Said
right shall not be granted until arrangements satisfactory to the
Secretary have been made for termination of the applicant's occupancy of
his unpatented mining claim and for settlement of any liability for the
unauthorized use thereof which may have been incurred and shall expire
five years from the date on which it was granted unless sooner
exercised. The amount to be paid for the interest shall be determined in
accordance with section 705 of this title.
(b) Any conveyance of less than a fee made under this chapter shall
include provision for removal from the tract of any improvements or
other property of the applicant at the close of the period for which the
conveyance is made, or if it be an interest terminating on the death of
the applicant, within one year thereafter.
(Pub. L. 87-851, Sec. 4, Oct. 23, 1962, 76 Stat. 1127.)
