CCLME.ORG - PRC Chapter 5 (commencing with PRC 6401) Pt. I Div. 6
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State
California
PRC Sec 6401-6407 RESERVATION OF MINERALS (PUBLIC LANDS)


PUBLIC RESOURCES CODE
SECTION 6401-6407





6401. (a) All oil, gas, oil shale, coal, phosphate, sodium, gold,
silver, and all other mineral deposits in public lands belonging to
the state, or which may become the property of the state, are
reserved to the state. Such deposits are reserved from sale except
upon a rental and royalty basis and except as otherwise provided by
law. A purchaser of any public lands belonging to the state, or
which may become property of the state, shall acquire no right,
title, or interest in or to such deposits. The right of such
purchaser shall be subject to the reservation of all oil, gas, oil
shale, coal, phosphate, sodium, gold, silver, and all other mineral
deposits, and to the conditions and limitations prescribed by law
providing for the state and persons authorized by it to prospect for,
mine, and remove such deposits, and to occupy and use so much of the
surface of the land as may be required for all purposes reasonably
extending to the mining and removal of such deposits therefrom;
provided, that when any person, authorized by the state to prospect
for said reserved deposits to the extent provided for in this
division, enters upon such land, such person so entering shall be
liable to and shall compensate such purchaser of land for all damage
and injury to the permanent improvements and the crops on such lands
by reason of such prospecting; provided, further, that persons who
have acquired the right to mine and remove such deposits may reenter,
occupy and use so much of the surface of the land as may be required
for all purposes reasonably extending to the mining and removal of
such deposits therefrom; first, upon securing the written consent or
waiver of the purchaser of such public land; second, upon payment of
the damages to crops or other tangible improvements to the owner
thereof, where agreement may be had as to the amount thereof; or
third, in lieu of either of the foregoing provisions, upon the
execution of a good and sufficient bond or undertaking to the State
of California for the use and benefit of the purchaser of such land,
to secure the payment of such damages to the crops or tangible
improvements of the purchaser of said land as may be determined and
fixed in an action brought upon the bond or undertaking in a court of
competent jurisdiction against the principal and sureties thereon,
such bond or undertaking to be in the form and in accordance with the
rules and regulations prescribed by the commission; and provided,
further, that the provisions of this section shall not apply to any
compromise agreement entered into under this division, nor to any
exchange of real property where the state receives the mineral rights
in the parcel or parcels being acquired by the state.
(b) Notwithstanding subdivision (a), upon a finding by the
commission that there are no known deposits of commercially valuable
minerals in and above a plane located 500 feet below the surface of
any lands sold or exchanged or to be sold or exchanged by the state
to another, including land sold pursuant to Section 6404, and wherein
any or all of the mineral deposits have been or are required by law
to be reserved to the state, the commission may by quitclaim, patent,
agreement, or other appropriate instrument, modify the accompanying
rights of the state to the use of the surface of such lands,
including any right to enter such lands to a depth of 500 feet below
the surface of such lands, as will permit the orderly use and
developmenmt of all such sold or exchanged lands. Any such finding
by the commission and any such modification of accompanying rights of
the state as provided in this subdivision shall be conclusive in
favor of any purchaser or encumbrancer of such sold or exchanged
lands acting in good faith and for value. Any modification
authorized by this subdivision which affects school land Sections 16
and 36 granted to the state by and upon the terms and conditions set
forth in Section 870 of Title 43 of the United States Code, shall not
be made in a manner inconsistent with the terms and conditions set
forth in such federal law so long as such terms and conditions are
effective. Nothing in this subdivision shall be construed to
authorize the relinquishment of any mineral rights in such lands
owned or reserved to the state.



6401.5. (a) Notwithstanding Section 6401, the commission may sell
to a surface property owner, for not less than fair market value, the
state's reserved mineral interest in a parcel of land comprised of
466.66 acres, described in Section 36, T 3 S, R 14 E, SBB&M,
consisting of lots 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11, N 1/2 of NW
1/4, and W 1/2 of NE 1/4, located in Riverside County, upon those
terms and conditions, and subject to any reservations and exceptions
as the commission determines are in the best interests of the state.
Proceeds from the sale shall be deposited in accordance with the
requirements of Section 6217.7.
(b) For purposes of this section "surface property owner" means a
person who is the owner of a parcel of real property, but who does
not have the right to prospect for, mine, or remove mineral deposits
from that property.


6402. All applications to purchase state public lands and all sales
pursuant thereto shall be subject to and contain a reservation to
the State of all oil, gas, oil shale, coal, phosphate, sodium, gold,
silver, and all other mineral deposits in all lands so acquired, and
shall also contain a reservation to the State, and persons authorized
by it, of the right to prospect for, mine, and remove such deposits
and to occupy and use so much of the surface as may be required
therefor, and all certificates of purchase and patents issued
therefor shall contain such reservations.
Whenever authorized by law to make grants of land to the United
States of America, or to an officer, department, or agency thereof,
either in exchange for other lands or otherwise, the commission may
make such grants with or without the reservation of deposits of oil
and gas and other minerals required by this chapter.



6403. This chapter shall not be construed as applicable to the sale
or exchange by the State of the following lands:
(a) Lands acquired by the State on sale thereof for delinquent
taxes, other than lands the deed for which is required to be filed
with the Department of Finance or the commission.
(b) Lands acquired by the State by foreclosure of any lien for
taxes due the State, or for penalties or interest thereon, or by
execution of any judgment for money due the State, or lands which are
seized by the State and sold pursuant to Section 7891 of the Revenue
and Taxation Code.
(c) Lands acquired by the State under the provisions of the
Streets and Highways Code and sold or exchanged pursuant to the
provisions of Section 104.5 thereof.
(d) Lands which have escheated to the State or which have been
distributed to the State by court decree in estates of deceased
persons.
(e) Lands which have escheated to the State under the provisions
of an act entitled "An act relating to the rights, powers and
disabilities of aliens and of certain companies, associations and
corporations with respect to property in this State, providing for
escheats in certain cases, prescribing the procedure therein
requiring reports of certain property holders to facilitate the
enforcement of this act, prescribing penalties for violation of the
provisions hereof, and repealing all acts or parts of acts
inconsistent or in conflict herewith," submitted by the initiative
and adopted and approved by the electors of the State of California,
November 2, 1920, as amended.
(f) Land acquired by the State for public use.



6404. Any state agency that sells any of the lands listed in
Section 6403, other than tax-deeded lands, may, with the approval of
the commission, dispose of oil and gas, other gases, including, but
not limited to, nonhydrocarbon and geothermal gases, oil shale, coal,
phosphate, alumina, silica, fossils of all geological ages, sodium,
gold, silver, or other mineral deposits, metals and their compounds,
alkali, alkali earth, sand, clay, gravel, salts and mineral waters,
uranium, trona, and geothermal resources, together with the right to
prospect for, mine and remove such deposits or resources, and to
occupy and use so much of the surface of the land as may be necessary
therefor.


6405. The commission shall have the sole responsibility for and
jurisdiction over the administration, management and disposal of all
mineral reservations heretofore and hereafter made under the
provisions of Section 6404, and is hereby authorized to rent or lease
all or part of the property represented by such mineral reservations
in the manner and under the conditions now or hereafter prescribed
by law with respect to the rent or lease of school lands belonging to
the State.



6406. The commission is hereby authorized to sell, exchange, rent,
lease, or otherwise manage the property represented by all mineral
reservations to the State made prior to the effective date of Section
6403 of this code, as added by Chapter 227 of the Statutes of 1947,
with respect to any lands of the classes specifically exempt from
this chapter under the provisions of that section, other than lands
acquired by the State under the provisions of the Streets and
Highways Code, in such manner and upon such conditions as commissions
may determine; provided, that any proceeds from the rent, lease, or
other management of mineral reservations to the State made in
connection with property which has been distributed or escheated to
the State in connection with unclaimed estates of deceased persons
shall be disposed of as provided by law with respect to other
property in unclaimed estates of deceased persons. The commission
shall furnish the Controller the name of the estate in connection
with any money collected by the commission and transmitted by it to
the State Treasury in connection with mineral reservations relating
to unclaimed estates of deceased persons. The commission, through
its executive officer, shall have the power to sign, on behalf of the
State and the commission, all deeds, leases, agreements or other
documents required in connection with the exercise by the commission
of the powers vested in it by this section.



6407. This section is enacted for the purpose of declaring the
scope and extent of the powers, duties, purposes, responsibilities
and jurisdiction of the commission and the legislative intent with
respect to reservation of mineral deposits reserved to the state
pursuant to Section 6401; but nothing herein shall be construed as
limiting any power, duty, purpose, responsibility, or jurisdiction
heretofore, or by this code, vested in or conferred upon the
commission.
Mineral deposits reserved to the state shall include all mineral
deposits in lands belonging to, or which may become, the property of
the state, including but not limited to, oil and gas, other gases
including, but not limited to, nonhydrocarbon and geothermal gases,
oil shale, coal, phosphate, alumina, silica, fossils of all
geological ages, sodium, gold, silver, metals and their compounds,
alkali, alkali earth, sand, clay, gravel, salts and mineral waters,
uranium, trona, and geothermal resources.