43 C.F.R. § 2541.3 – Patents.

(a) Any applicant who satisfied all requirements for a claim of class 1 or class 2 commencing not later than January 1, 1901, to the date of application and who so requests in the application will receive a patent conveying title to all other minerals except:
1. (1) Any minerals which, at the time of approval of the application, are embraced by an outstanding mineral lease or
2. (2) Any minerals for which the lands have been placed in a mineral withdrawal.
  All other patents will reserve all minerals to the United States.
(b) All mineral reservations will include the right to prospect for, mine, and remove the same in accordance with applicable law.
(c) The maximum area for which patent may be issued for any claim under the act is 160 acres. Where an area held under a claim or color of title is in excess of 160 acres, the Secretary has authority under the act to determine what particular subdivisions not exceeding 160 acres, may be patented.