Sec. 5. Red River surface rights
347 words·~2 min read·
/bill/114/hr/2130/eh/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
On the date that is 18 months after the date on which the Secretary receives notification relating to a parcel under section 3(d)(1), the Secretary shall determine whether such parcel is subject to appeal or further judicial review. Not later than 30 days after the date on which the Secretary determines a parcel is not subject to appeal or judicial review, the Secretary shall— notify federally recognized Indian tribes with jurisdiction over lands adjacent to such parcel that the Secretary shall accept applications for patents for that parcel under subsection
(b)for a period of 210 days; and begin accepting applications for patents for that parcel under subsection
(b)for a period of 210 days. If the Secretary determines a parcel is subject to appeal or further judicial review, the Secretary shall, not less than once every 6 months, check the status of the appeals or judicial reviews relating to such parcel, until the Secretary determines such parcel is not subject to appeal or further judicial review. If the Secretary receives an application for a patent for a parcel of identified Federal lands during the period for applications for such parcel under subsection (a)(2)(B) and determines that the parcel has been held in good faith and in peaceful adverse possession by an applicant, or the ancestors or grantors of such applicant, for more than 20 years under claim (including through a State land grant), the Secretary may issue a patent for the surface rights to such parcel to the applicant, on the payment of fair market value per acre, if the patent includes the following conditions: All minerals contained in the parcel are reserved to the United States and subject to sale or disposal by the United States under applicable leasing and mineral land laws. Permittees, lessees, or grantees of the United States have the right to enter the parcel for the purpose of prospecting for and mining deposits. The Secretary shall not offer a parcel of identified Federal land for purchase under section 6 if a patent request for that parcel is pending under this section.