43 U.S.C. § 1718 — Documents of conveyance; terms, cov-

Page 539 TITLE 43—PUBLIC LANDS § 1718 Statutory Notes and Related Subsidiaries CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSES Pub. L. 100–409, § 2, Aug. 20, 1988, 102 Stat. 1086, pro- vided that: ‘‘(a) FINDINGS.—The Congress finds and declares that— ‘‘(1) land exchanges are a very important tool for Federal and State land managers and private land- owners to consolidate Federal, State, and private holdings of land or interests in land for purposes of more efficient management and to secure important objectives including the protection of fish and wild- life habitat and aesthetic values; the enhancement of recreation opportunities; the consolidation of min- eral and timber holdings for more logical and effi- cient development; the expansion of communities; the promotion of multiple-use values; and fulfillment of public needs; ‘‘(2) needs for land ownership adjustments and con- solidation consistently outpace available funding for land purchases by the Federal Government and there- by make land exchanges an increasingly important method of land acquisition and consolidation for both Federal and State land managers and private land- owners; ‘‘(3) the Federal Land Policy and Management Act of 1976 [Pub. L. 94–579, see Short Title note set out under section 1701 of this title] and other laws pro- vide a basic framework and authority for land ex- changes involving lands under the jurisdiction of the Secretary of the Interior and the Secretary of Agri- culture; and ‘‘(4) such existing laws are in need of certain revi- sions to streamline and facilitate land exchange pro- cedures and expedite exchanges. ‘‘(b) PURPOSES.—The purposes of this Act [see Short Title of 1988 Amendment note set out under section 1701 of this title] are: ‘‘(1) to facilitate and expedite land exchanges pur- suant to the Federal Land Policy and Management Act of 1976 and other laws applicable to exchanges in- volving lands managed by the Departments of the In- terior and Agriculture by— ‘‘(A) providing more uniform rules and regula- tions pertaining to land appraisals which reflect na- tionally recognized appraisal standards; and ‘‘(B) establishing procedures and guidelines for the resolution of appraisal disputes.[;] ‘‘(2) to provide sufficient resources to the Secre- taries of the Interior and Agriculture to ensure that land exchange activities can proceed consistent with the public interest; and ‘‘(3) to require a study and report concerning im- provements in the handling of certain information re- lated to Federal and other lands.’’ LAND EXCHANGE FUNDING AUTHORIZATION Pub. L. 100–409, § 4, Aug. 20, 1988, 102 Stat. 1090, pro- vided that: ‘‘In order to ensure that there are increased funds and personnel available to the Secretaries of the Interior and Agriculture to consider, process, and con- summate land exchanges pursuant to the Federal Land Policy and Management Act of 1976 [Pub. L. 94–579, see Short Title note set out under section 1701 of this title] and other applicable law, there are hereby authorized to be appropriated for fiscal years 1989 through 1998 an annual amount not to exceed $4,000,000 which shall be used jointly or divided among the Secretaries as they determine appropriate for the consideration, proc- essing, and consummation of land exchanges pursuant to the Federal Land Policy and Management Act of 1976, as amended, and other applicable law. Such mon- eys are expressly intended by Congress to be in addi- tion to, and not offset against, moneys otherwise annu- ally requested by the Secretaries, and appropriated by Congress for land exchange purposes.’’ SAVINGS PROVISION Pub. L. 100–409, § 5, Aug. 20, 1988, 102 Stat. 1090, pro- vided that: ‘‘Nothing in this Act [see Short Title of 1988 Amendment note set out under section 1701 of this title] shall be construed as amending the Alaska Native Claims Settlement Act (Public Law 92–203, as amended) [43 U.S.C. 1601 et seq.] or the Alaska National Interest Lands Conservation Act (Public Law 96–487, as amend- ed) [see Tables for classification] or as enlarging or di- minishing the authority with regard to exchanges con- ferred upon either the Secretary of the Interior or the Secretary of Agriculture by either such Acts. If any provision of this Act or the application thereof is held invalid, the remainder of the Act and the application thereof shall not be affected thereby. Nothing in this Act shall be construed to change the discretionary na- ture of land exchanges or to prohibit the Secretary con- cerned or any other party or parties involved in a land exchange from withdrawing from the exchange at any time, unless the Secretary concerned and the other party or parties specifically commit otherwise by writ- ten agreement.’’ § 1717. Qualifications of conveyees No tract of land may be disposed of under this Act, whether by sale, exchange, or donation, to any person who is not a citizen of the United States, or in the case of a corporation, is not subject to the laws of any State or of the United States. (Pub. L. 94–579, title II, § 207, Oct. 21, 1976, 90 Stat. 2757.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classifica- tion of this Act to the Code, see Tables. § 1718. Documents of conveyance; terms, cov- enants, etc. The Secretary shall issue all patents or other documents of conveyance after any disposal au- thorized by this Act. The Secretary shall insert in any such patent or other document of convey- ance he issues, except in the case of land ex- changes, for which the provisions of subsection 1716(b) of this title shall apply, such terms, cov- enants, conditions, and reservations as he deems necessary to insure proper land use and protec- tion of the public interest: Provided, That a con- veyance of lands by the Secretary, subject to such terms, covenants, conditions, and reserva- tions, shall not exempt the grantee from compli- ance with applicable Federal or State law or State land use plans: Provided further, That the Secretary shall not make conveyances of public lands containing terms and conditions which would, at the time of the conveyance, constitute a violation of any law or regulation pursuant to State and local land use plans, or programs. (Pub. L. 94–579, title II, § 208, Oct. 21, 1976, 90 Stat. 2757.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classifica- tion of this Act to the Code, see Tables. Page 540 TITLE 43—PUBLIC LANDS § 1719 § 1719. Mineral interests; reservation and convey- ance requirements and procedures (a) All conveyances of title issued by the Sec- retary, except those involving land exchanges provided for in section 1716 of this title, shall re- serve 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 to- gether with the surface to the prospective sur- face owner as provided in subsection (b). (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 Fed- eral 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 inter- fering with or precluding appropriate nonmin- eral development of the land and that such de- velopment 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 exist- ing or proposed record owner of the surface, upon payment of administrative costs and the fair market value of the interests being con- veyed. (3) Before considering an application for con- veyance 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 con- ducting 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 docu- ments of conveyance: Provided, That, if the ad- ministrative costs exceed the deposit, the ap- plicant 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 sub- mitted 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 adminis- trative 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, § 209, Oct. 21, 1976, 90 Stat. 2757.) § 1720. Coordination by Secretary of the Interior with State and local governments At least sixty days prior to offering for sale or otherwise conveying public lands under this Act, the Secretary shall notify the Governor of the State within which such lands are located and the head of the governing body of any political subdivision of the State having zoning or other land use regulatory jurisdiction in the geo- graphical area within which such lands are lo- cated, in order to afford the appropriate body the opportunity to zone or otherwise regulate, or change or amend existing zoning or other reg- ulations concerning the use of such lands prior to such conveyance. The Secretary shall also promptly notify such public officials of the issuance of the patent or other document of con- veyance for such lands. (Pub. L. 94–579, title II, § 210, Oct. 21, 1976, 90 Stat. 2758.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classifica- tion of this Act to the Code, see Tables. § 1721. Conveyances of public lands to States, local governments, etc. (a) Unsurveyed islands; authorization and limita- tions on authority The Secretary is authorized to convey to States or their political subdivisions under the Recreation and Public Purposes Act (44 Stat. 741 as amended; 43 U.S.C. 869 et seq.), as amended, but without regard to the acreage limitations contained therein, unsurveyed islands deter- mined by the Secretary to be public lands of the United States. The conveyance of any such is- land may be made without survey: Provided, however, That such island may be surveyed at the request of the applicant State or its polit- ical subdivision if such State or subdivision do- nates money or services to the Secretary for such survey, the Secretary accepts such money or services, and such services are conducted pur- suant to criteria established by the Director of the Bureau of Land Management. Any such is- land so surveyed shall not be conveyed without approval of such survey by the Secretary prior to the conveyance. (b) Omitted lands; authorization and limitations on authority (1) The Secretary is authorized to convey to States and their political subdivisions under the Recreation and Public Purposes Act [43 U.S.C. 869 to 869–4], but without regard to the acreage limitations contained therein, lands other than islands determined by him after survey to be public lands of the United States erroneously or fraudulently omitted from the original surveys (hereinafter referred to as ‘‘omitted lands’’). Any such conveyance shall not be made without a survey: Provided, That the prospective recipi- ent may donate money or services to the Sec- retary for the surveying necessary prior to con- veyance if the Secretary accepts such money or services, such services are conducted pursuant to criteria established by the Director of the Bu- reau of Land Management, and such survey is approved by the Secretary prior to the convey- ance. (2) The Secretary is authorized to convey to the occupant of any omitted lands which, after