[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2623.3]



[Page 170]

 

                    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.