30 U.S.C. § 704 — Purchase of substitute lands; limitations;

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 deem necessary. (Pub. L. 87–851, § 3, Oct. 23, 1962, 76 Stat. 1127.) § 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 con- sent required by section 703 of this title is not given, he may, in accordance with such proce- dural rules and regulations as he may prescribe, grant the applicant a right to purchase, for resi- dential 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 accord- ance with section 705 of this title. (b) Any conveyance of less than a fee made under this chapter shall include provision for re- moval 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, § 4, Oct. 23, 1962, 76 Stat. 1127.) § 705. Purchase price of conveyed interest; in- stallment payments The Secretary of the Interior, prior to any conveyance under this chapter, shall determine the fair market value of the interest to be con- veyed, exclusive of the value of any improve- ments placed on the lands involved by the appli- cant 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, in- cluding 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. (Pub. L. 87–851, § 5, Oct. 23, 1962, 76 Stat. 1128.) § 706. Liabilities of occupants; trespass; limita- tions (a) The execution of a conveyance as author- ized by section 701 of this title shall not relieve any occupant of the land conveyed of any liabil- ity, existing on the date of said conveyance, to the United States for unauthorized use of the land in and to which an interest is conveyed. (b) Except where a mining claim embracing land applied for under this chapter by a quali- fied applicant was located at a time when the land included therein was withdrawn or other- wise not subject to such location, no trespass charges shall be sought or collected by the United States from any qualified applicant who has filed an application for land in the mining claim pursuant to this chapter, based upon occu- pancy of such claim, whether residential or oth- erwise, for any period preceding the final admin- istrative determination of the invalidity of the mining claim by the Secretary of the Interior or the voluntary relinquishment of the mining claim, whichever occurs earlier. Nothing con- tained in this chapter shall be construed as cre- ating any liability for trespass to the United States which would not exist in the absence of this chapter. Relief under this section shall be limited to persons who file applications for con- veyances pursuant to section 701 of this title within the period ending June 30, 1971. (Pub. L. 87–851, § 6, Oct. 23, 1962, 76 Stat. 1128; Pub. L. 90–111, § 2, Oct. 23, 1967, 81 Stat. 311.) Editorial Notes AMENDMENTS 1967—Subsec. (b). Pub. L. 90–111 extended from Oct. 23, 1967 to June 30, 1971, the period in which relief shall be