[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2623.3]

[Page 174]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2620_STATE GRANTS--Table of Contents
 
 Subpart 2623_School Land Grants to Certain States Extended To Include 
                            Mineral Sections
 
Sec. 2623.3  States not permitted to dispose of lands except with 
reservation of minerals.

    (a) Subsection (b) of section 1 of the Act of January 25, 1927, 
provides:

    That the additional grant made by this Act is upon the express 
condition that all sales, grants, deeds, or patents for any of the lands 
so granted shall be subject to and contain a reservation to the State of 
all the coal and other minerals in the lands so sold, granted, deeded, 
or patented, together with the right to prospect for, mine, and remove 
the same. The coal and other mineral deposits in such lands shall be 
subject to lease by the State as the State legislature may direct, the 
proceeds of rentals and royalties therefrom to be utilized for the 
support or in aid of the common or public schools: Provided, That any 
lands or minerals disposed of contrary to the provisions of this Act 
shall be forfeited to the United States by appropriate proceedings 
instituted by the Attorney General for that purpose in the United States 
district court for the district in which the property or some part 
thereof is located.

    (b) The lands granted to the States by the Act of January 25, 1927, 
and the mineral deposits therein are to be disposed of by the States in 
the manner prescribed in subsection (b) thereof, provision being made 
for judicial forfeiture in case of disposal of any of the lands or 
minerals contrary to the provisions of the act.