§1719 Mineral interests; reservation and conveyance requirements and procedures

Summary

All land titles the Secretary issues must keep the United States’ mineral rights unless the land is swapped under section 1716. That means the government usually keeps the right to explore for and take minerals, unless the Secretary decides to transfer those mineral rights to the surface owner. The Secretary can transfer minerals to the surface owner only after consulting the right agency and finding either that no known minerals exist or that keeping the minerals blocks a better nonmineral use. Transfers go only to the current or proposed surface owner, and the owner must pay administrative costs and the fair market value of the minerals. Before the Secretary reviews a request, the applicant must deposit enough money to cover costs for testing, valuing, and paperwork, or get permission to do and submit the testing themselves. If costs exceed the deposit the applicant pays more; if the deposit is larger, they get a refund or credit. Money paid for these costs goes to the agency that performed the work and into its current appropriation.