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30 U.S.C. § 704 — Purchase of substitute lands; limitations; conditions; payment; conveyance of less than a fee
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If the Secretary of the Interior determines that conveyance of an interest under [section 701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section701&num=0&edition=prelim) is otherwise justified but the consent required by [section 703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section703&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315f&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section705&num=0&edition=prelim).
**(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 th
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Stable record: federal_law:legal_authorities:record_usc_df04c5eb8ad4c7481d2eb3a5
Source file: Laws/federal/codes/united-states-code/title-30/section-704-purchase-of-substitute-lands-limitations-conditions-payment-conveyance-o--0e00fde3dc.md
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Source location: Title 30, Chapter 20, § 704; chapter-020-conveyances-to-occupants-of-unpatented-mining-claims.md
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**(a)** If the Secretary of the Interior determines that conveyance of an interest under [section 701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section701&num=0&edition=prelim) is otherwise justified but the consent required by [section 703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section703&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315f&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section705&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior, prior to any conveyance under this chapter, shall determine the fair market value of the interest to be conveyed, exclusive of the value of any improvements placed on the lands involved by the applicant or his predecessors in interest. Said value shall be determined as of the date of appraisal. In establishing the purchase price to be paid by the applicant for the interest, the Secretary shall take into consideration any equities of the applicant and his predecessors in interest, including conditions of prior use and occupancy. In any event the purchase price for any interest conveyed shall not exceed its fair market value nor be less than $5 per acre. The Secretary may, in his discretion, allow payment to be made in installments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 705
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior may convey to any occupant of an unpatented mining claim which is determined by the Secretary to be invalid an interest, up to and including a fee simple, in and to an area within the claim of not more than (a) five acres or (b) the acreage actually occupied by him, whichever is less. The Secretary may make a like conveyance to any occupant of an unpatented mining claim who, after notice from a qualified officer of the United States that the claim is believed to be invalid, relinquishes to the United States all rights in and to such claim which he may have under the mining laws. Any conveyance authorized by this section, however, shall be made only to a qualified applicant, as that term is defined in [section 702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section702&num=0&edition=prelim), who applies therefor within the period ending June 30, 1971, and upon payment of an amount established in accordance with [section 705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section705&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
Where the lands for which application is made under [section 701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section701&num=0&edition=prelim) have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior, or of a State, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may convey an interest therein only with the consent of the head of the governmental unit concerned and under such terms and conditions as said head may deem necessary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 703
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or within a grazing district, which are more valuable or suitable for the production of agricultural crops than for the production of native grasses and forage plants, or more valuable or suitable for any other use than for the use provided for under this subchapter or proper for acquisition in satisfaction of any outstanding lieu, exchange or script 11 So in original. Probably should be “scrip”. rights or land grant, and to open such lands to entry, selection, or location for disposal in accordance with such classification under applicable public-land laws, except that homestead entries shall not be allowed for tracts exceeding three hundred and twenty acres in area. Such lands shall not be subject to disposition, settlement, or occupation until after the same have been classified and opened to entry: Provided, That locations and entries under the mining laws including the Act of February 25, 1920, as amended [[30 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.], may be made upon such withdrawn and reserved areas without regard to classification and without restrictions or limitation by any provision of this subchapter. Where such lands are located within grazing districts reasonable notice shall be given by the Secretary of the Interior to any grazing permittee of such lands. The applicant, after his entry, selection, or location is allowed, shall be entitled to the possession and use of such lands: Provided, That upon the application of any
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 315f
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Federal law — U.S. Code and appendices · legal_authorities
Page 124
TITLE 30—MINERAL LANDS AND MINING
§ 702
As used in this section, the term ‘‘qualified of-
ficer of the United States’’ means the Secretary
of the Interior or an employee of the Depart-
ment of the Interior so designated by him: Pro-
vided, That the Secretary may delegate his au-
thority to designate qualified officers to the
head of any other department or agency of the
United States with respect to lands within the
administrative jurisdiction of that department
or agency.
(Pub. L. 87–851, § 1, Oct. 23, 1962, 76 Stat. 1127;
Pub. L. 90–111, § 1, Oct. 23, 1967, 81 Stat. 311.)
Editorial Notes
AMENDMENTS
1967—Pub. L. 90–111 extended from Oct. 23, 1967, to
June 30, 1971, the period in which qualified individuals
shall apply for conveyances authorized by this section.
§ 702. ‘‘Qualified applicant’’ defined
For the purposes of this chapter a qualified ap-
plicant is a residential occupant-owner, as of Oc-
tober 23, 1962, of valuable improvements in an
unpatented mining claim which constitute for
him a principal place of residence and which he
and his predecessors in interest were in posses-
sion of for not less than seven years prior to
July 23, 1962.
(Pub. L. 87–851, § 2, Oct. 23, 1962, 76 Stat. 1127.)
§ 703. Withdrawal of lands in aid of a govern-
mental unit
Where the lands for which application is made
under section 701 of this title have been with-
drawn in aid of a function of a Federal depart-
ment or agency other than the Department of
the Interior, or of a State, county, municipality,
water district, or other local governmental sub-
division or agency, the Secretary of the Interior
may convey an interest therein only with the
consent of the head of the governmental unit
concerned and under such terms and conditions
as said head may
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 704
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