§1719 Mineral Interests; Reservation and Conveyance Requirements and Procedures

Summary

When the government gives someone title to land, it usually keeps all mineral rights and the right to look for, mine, and take the minerals, except for land exchanges under section 1716. The Secretary can give those mineral rights to the surface owner after talking with the right agency head if the Secretary finds either that there are no known mineral values, or that keeping the mineral rights is stopping a better nonmineral use of the land. If mineral rights are sold, they go only to the current or proposed record owner of the surface. The buyer must pay administrative costs and the fair market value of the minerals. To apply, the Secretary will require a deposit to cover costs for an exploratory program, valuing the minerals, and making the paperwork. If costs are higher than the deposit, the applicant pays the difference; if the deposit is larger, the extra is refunded or credited. With the Secretary’s OK, the applicant may do the exploratory work and give the results. Money paid for these costs goes to the agency that provided the service and into its current appropriation.