§1719 Mineral Interests; Reservation and Conveyance Requirements and Procedures

Summary

When the government gives someone title to land, it normally keeps the mineral rights and the right to look for and take minerals, except for land swaps allowed by other law. The Secretary can give the minerals to the surface owner after talking with the right agency if the Secretary finds either that no minerals are known to be there or that keeping the mineral rights would block a better nonmineral use of the land. The minerals are sold only to the current or proposed surface owner. That owner must pay the fair market value and administrative costs. Before the Secretary will consider an application, the applicant must either leave a deposit to cover those costs (or pay any shortfall or get a refund of any excess) or, with the Secretary’s okay, do and submit an approved exploration program. Money paid for these costs goes to the agency that did the work.