Conveyance Of Federally Owned Mineral Interests

INTRODUCTION Section 209(b) of the Federal Land Policy And Management Act of 1976 (FLPMA-43 U.S.C. 1719 b) authorizes the Secretary of the Interior to convey mineral interests owned by the United States where the surface is or will be in non-Federal ownership. The objective is to allow consolidation of surface and subsurface (mineral) ownership. Certain major conditions must prevail for a conveyance to occur. These are: 1) There are no known mineral values (KMV) or 2) Where the mineral reservation interferes with or precludes appropriate non-mineral surface development and that non-mineral development is a more beneficial use of the land than the mineral development. Remember that allegation, hypothesis or speculation that the conditions could or may exist in the future will not be a sufficient basis for conveyance. Convincing factual evidence for an applicant’s case for mineral conveyance must be made in order to achieve that conveyance. See 43 CFR 2720 0-1 to 0-3, and 0-6. CONCEPT OF KNOWN MINERAL VALUES Known mineral values means mineral rights in lands containing geologic formations that are valuable in the monetary sense for exploring, developing, or producing natural mineral deposits. The presence of such mineral deposits with potential for mineral development may be known because of previous exploration, or may be inferred based on geologic information (43-CFR 2720.0-5(b).