Title 30 — Mineral Lands and MiningRelease 119-73not60

§704 Purchase of Substitute Lands; Limitations; Conditions; Payment; Conveyance of Less Than a Fee

Title 30 › Chapter 20— CONVEYANCES TO OCCUPANTS OF UNPATENTED MINING CLAIMS › § 704

Last updated Apr 5, 2026|Official source

Summary

If the Secretary of the Interior finds a land transfer under section 701 would be proper but the required consent under section 703 is not given, he may let the applicant buy a small replacement piece of land for a home. The plot must be five acres or less. It can come from unclaimed, unreserved Federal lands or from lands being classified under section 315f of title 43. The right to buy won’t be offered until the applicant makes acceptable plans to give up their unpatented mining claim and pay for any unauthorized use. The right expires five years after it is given unless used sooner. The price is set under section 705. If the transfer is for less than full ownership, the sale must allow the applicant to remove any buildings or other property at the end of the term. If the interest ends at the owner’s death, removal can occur within one year after death.

Full Legal Text

Title 30, §704

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)If the Secretary of the Interior determines that conveyance of an interest under section 701 of this title is otherwise justified but the consent required by section 703 of this title 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. 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.

(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.

Reference

Citations & Metadata

Citation

30 U.S.C. § 704

Title 30 — Mineral Lands and Mining

Last Updated

Apr 5, 2026

Release point: 119-73not60