43 U.S.C. § 1720 — Coordination by Secretary of the Interior

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