[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: 43CFR2720.1-3]



[Page 217-219]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2720_CONVEYANCE OF FEDERALLY-OWNED MINERAL INTERESTS

--Table of Contents

 

      Subpart 2720_Conveyance of Federally-Owned Mineral Interests

 

Sec.  2720.1-3  Action on application.



    (a) Within 90 days of receipt of an application to purchase 

federally-owned mineral interests, the authorized officer shall, if the 

application meets the requirements for further processing, determine the 

amount of deposit required and so inform the applicant.

    (b) No application filed under this subpart shall be processed until 

the applicant has either--

    (1) Deposited with the authorized officer an amount of money that 

the authorized officer estimates is needed to cover administrative costs 

of processing, including, but not limited to, costs of conducting an 

exploratory program, if one is required, to determine the character of 

the mineral deposits in the land, evaluating the existing data [or the 

data obtained under an approved exploratory program] to aid in 

determining the fair market value of



[[Page 218]]



the mineral interests to be conveyed, and preparing and issuing the 

documents of conveyance, or

    (2) Has obtained the consent of the authorized officer to conduct an 

exploratory program, such program to be conducted only under a plan of 

operations approved by the authorized officer and deposited with the 

authorized officer an amount of money the authorized officer estimates 

is needed to cover administrative costs of processing, including, but 

not limited to, costs of evaluating existing data and data submitted 

from an approved exploratory program to determine the fair market value 

of the mineral interests to be conveyed and preparing and issuing the 

documents of conveyance.



    The authorized officer, in reaching a determination as to whether 

there are any known mineral values in the land and, if so, the estimated 

costs of an exploratory program, if one is needed, will rely upon 

reports on minerals prepared by or reviewed and approved by the Bureau 

of Land Management.

    (c) The authorized officer shall inform the applicant of his 

determination as to the need for an exploratory program, and where 

appropriate, the estimated cost of such a program. The applicant may 

request that the exploratory program be arranged by the authorized 

officer or request the consent of the authorized officer to accomplish 

any required exploratory program by other means, at his own expense, 

under a plan of operations approved by the authorized officer and to 

provide the results to the authorized officer for his use and approval. 

The applicant shall, within 60 days of receipt of such notice, or any 

extension thereof, respond to the authorized officer's notice, stating 

whether he wishes to have the authorized officer arrange to have 

conducted the required exploratory program or requests the consent of 

the authorized officer to accomplish any required exploratory program by 

other means. Failure to respond to said notice shall void the 

application.

    (d) If the applicant requests that any required exploratory program 

be arranged by the authorized officer, he shall submit the sum of money 

required under paragraph (b) of this section and the authorized officer 

shall have the exploratory program accomplished so as to aid in 

determining the fair market value of the Federal mineral interests 

covered by the application.

    (e) If the applicant requests the consent of the authorized officer 

to accomplish any required exploratory program by other means, at his 

own expense, he shall at the time of making his request for such 

consent, file a plan of operations to carry out any required exploratory 

program for approval by the authorized officer. Such plan of operations 

shall be sufficient to provide the resource and economic data needed to 

aid in determining the fair market value of the Federal mineral 

interests to be conveyed. Said resource and economic data shall include, 

where appropriate, but not be limited to, geologic maps, geologic cross-

sections, tables and descriptive information encompassing lithologic, 

geochemical, and geophysical data, assays of samples, drill logs and 

outcrop sections, which aid in establishing the location, nature, 

quantity, and grade, and which aid in determining the fair market value 

of the Federal mineral interests in the land covered by the application. 

The plan of operations shall conform to the laws, regulations and 

ordinances of all governmental bodies having jurisdiction over the lands 

covered by the application. The authorized officer shall decide within 

90 days of receipt of said request whether he shall or shall not give 

his consent. The authorized officer shall not give his consent if he 

determines that the plan of operations is not adequate to supply the 

resource and economic data needed to aid him in determining the fair 

market value of the Federal mineral interests to be conveyed. If the 

authorized officer, in his discretion, approves the applicant's plan of 

operations, the applicant may proceed to execute the plan of operations, 

subject to the supervision of the authorized officer. If the authorized 

officer does not give his consent to the applicant's request, the 

applicant may, within 60 days of such refusal, avail himself of the 

provisions of paragraph (d) of this section. Failure to deposit the 

required sum within the 60 day period shall void the application. All 

resource and economic data obtained



[[Page 219]]



from the approved exploratory program shall be supplied the authorized 

officer. The authorized officer shall supply that data needed for 

determination of the economic value of mineral resources to the Bureau 

of Land Management. The authorized officer relying upon those 

determinations shall determine the fair market value of the Federal 

mineral interests in the land covered by the application. If the 

authorized officer determines that the resource and economic data 

supplied from an approved exploratory program is not adequate to aid in 

determining the fair market value of the Federal mineral interests to be 

conveyed, he shall so notify the applicant and state what additional 

data is needed.

    (f) Notwithstanding the provisions of the preceding paragraphs of 

this section, an application may be rejected without the applicant 

meeting the requirements of paragraph (b) of this section if the 

authorized officer determines from an examination of the application or 

of data readily available to him relating to the land concerned that the 

application does not meet the requirements of the Act.



[44 FR 1342, Jan. 4, 1979, as amended at 51 FR 9658, Mar. 20, 1986; 60 

FR 12711, Mar. 8, 1995]