[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR644.5]

[Page 112-113]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 644--REAL ESTATE HANDBOOK--Table of Contents
 
                       Subpart A--Project Planning
 
Sec. 644.5  Mineral Acquisition Practices.

    (a) Procedure. The procedure of the Corps of Engineers in acquiring 
the necessary land or interests therein to accommodate projects 
authorized by the Congress is to permit the reservation of the minerals 
in the land, unless the reservation is inimical to the operation of the 
project. In all cases wherein a reservation is permitted, the mineral 
interests are subordinated to the primary project purposes, including 
public access and preservation of environmental quality.
    (b) General. (1) The multiplicity of ownerships in mineral 
interests, the variety of minerals and the different methods of mineral 
exploration, recovery and production make it impracticable to define in 
advance specific guidelines concerning the reservation of mineral 
interests and their subordination to primary project purposes in any 
given project. The initial planning documents, real estate design 
memoranda, and master plans will fully discuss and consider the extent 
of acquisition and/or reservation of mineral interests.
    (2) Generally fee title to all subsurface interests will be acquired 
in areas required for all structures, areas required for project 
operations and public use including access, and in areas where the value 
of the subsurface interests is nominal. Reservation of coal, oil, gas 
and other minerals will be permitted whenever any aspect of mineral 
development will not interfere with project purposes. The reservation of 
mineral rights will be predicated upon the Government's right to so 
regulate their development as to eliminate any interference with project 
purposes and to minimize any adverse impact on the environment including 
aesthetic values.
    (c) Reservation of Minerals. (1) When it has been determined that 
the reservation of minerals will not interfere with the purposes of the 
project, the minerals will be subordinated in accordance with the 
following guidelines:
    (i) The estate providing for the subordination will not be utilized 
unless approved by HQDA (DAEN-REA).
    (ii) Any subordination agreement, together with additional 
regulations incorporated by reference, must clearly define:
    (A) The rights and obligations of the Government and the mineral 
owner, operator, and/or lessee.
    (B) The control to be exercised over site development for mining 
purposes.
    (C) Required land reclamation or restoration.
    (D) Restrictions against pollution and degradation of project 
environment and aesthetics.
    (E) Provisions for compliance inspection by the Government of all 
site development and mining activities over which the Government has 
control under paragraph (c)(1)(ii)(B) of this section.
    (2) After execution of a subordination agreement as provided above, 
the District Engineer will develop a program for the surveillance of 
mineral activities at each project.
    (3) The representatives of the Division and District Engineers are 
to be fully informed concerning the rights and responsibilities of the 
Government and the mineral owner and/or operator

[[Page 113]]

under the terms of the estates acquired for the subordination of 
minerals, and will periodically inspect all mining activities to insure 
compliance with the terms of the subordination agreement and any plan 
incorporated by reference into such agreement.
    (d) Off-Project Mineral Activity. In connection with all drainage 
basins, where there is present or potential mineral activity upstream 
from a project or nearby lands outside the project limits, the District 
Engineer will:
    (1) Establish and maintain liaison with Federal and State agencies 
having responsibility for the regulation of mineral activities and the 
control of environment in order to prevent adverse effects of mining on 
the project.
    (2) Institute a system for monitoring adverse effects on the project 
such as sedimentation and acid drainage.
    (3) Take steps to insure that Corps personnel in charge of the 
project are familiar with State and Federal laws governing the control 
of mineral recovery and the environment, as well as the Federal or State 
agencies responsible for the enforcement of such laws.
    (4) Division and District Engineers are requested to use the Refuse 
Act of 1899 and any other legal remedies that may be appropriate in a 
particular situation in order to protect the interests of the United 
States and preserve the integrity of the project.