147 



CONVEYANCES 



Sec. 208. The Secretary shall issue all patents 

 or other documents of conveyance after any dis- 

 posal authorized by this Act. The Secretary shall 

 insert in any such patent or other document of 

 conveyance he issues, except in the case of land 

 exchanges, for which the provisions of subsection 

 206(b) of this Act shall apply, such terms, cove- 

 nants, conditions, and reservations as he deems 

 necessary to insure proper land use and protection 

 of the public interest : Provided, That a conveyance 

 of lands by the Secretary, subject to such terms, 

 covenants, conditions, and reservations, shall not 

 exempt the grantee from compliance with applica- 

 ble Federal or State law or State land use plans: 

 Provided further. That the Secretary shall not 

 make conveyances of public lands containing terms 

 and conditions which would, at the time of the 

 conveyance, constitute a violation of any law or 

 regulation pursuant to State and local land use 

 plans, or programs. 



RESERVATION AND CONVEYANCE OF MINERALS 



Sec 209. (a) All conveyances of title issued by 

 the Secretary, except those involving land ex- 

 changes provided for in section 206, shall reserve 

 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 together with the 

 surface to the prospective surface owner as pro- 

 vided 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-Fed- 

 eral ownership, regardless of which Federal 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 interfering with or pre- 

 cluding appropriate nonmineral development of 

 the land and that such development 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 existing or 

 proposed record owner of the surface, upon pay- 

 ment of administrative costs and the fair market 

 value of the interests being conveyed. 



(3) Before considering an application for con- 

 veyance of mineral interests pursuant to this sec- 

 tion — 



(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 conducting an ex- 

 ploratory 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 min- 

 eral interests to be conveyed, and preparing and 

 issuing the documents of conveyance: Provided, 

 That, if the administrative costs exceed the de- 

 posit, the applicant shall pay the outstanding 

 amount; and, if the deposit exceeds the admin- 

 istrative 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 submitted 

 to tHt Secretary the results of, such an explora- 

 tory 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. 



COORDINATION WITH STATE AND LOCAL GOVERNMENTS 



Sec 210. At least sixty days prior to offering for 

 sale or othenvise 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 sub- 

 division of the State having zoning or other land 

 use regulatory jurisdiction in the geographical area 

 within which such lands are located, in order to 

 afford the appropriate body the opportunity to 

 zone or otherwise regulate, or change or amend 

 existing zoning or other regulations concerning 

 the use of such lands prior to such conveyance. 

 The Secretary shall also promptly notify such pub- 

 lic officials of the issuance of the patent or other 

 document of conveyance for such lands. 



OMITTED LANDS 



Sec 211. Omitted Lands. — (a) The Secretary is 

 hereby 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 re- 

 gard to the acreage limitations contained therein, 

 unsurveyed islands determined by the Secretary to 

 be public lands of the United States. The convey- 

 ance of any such island may be made without 

 survey. Provided, however. That such island may 

 be surveyed at the request of the applicant State 

 or its political subdivision if such State or subdi- 

 vision donates money or services to the Secretary 

 for such survey, the Secretary accepts such money 

 or services, and such services are conducted pursu- 

 ant to criteria established by the Director of the 

 Bureau of Land Management. Any such island so 

 surveyed shall not be conveyed without approval 

 of such survey by the Secretary prior to the con- 

 veyance. 



(b) (1) The Secretary is authorized to convey to 

 States and their political subdivisions under the 

 Recreation and Public Purposes Act, 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 er- 



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