30 U.S.C. § 242 : US Code - Section 242: Oil shale claims

Search 30 U.S.C. § 242 : US Code - Section 242: Oil shale claims

(a) Notice
Notwithstanding any other provision of law, within 60 days from
October 24, 1992, the Secretary of the Interior shall provide
notice to each holder of an unpatented oil shale mining claim of
the requirements of this Act. Such notice shall be made by
registered mail and by publication in a newspaper of general
circulation in the areas in which such claims are located.
(b) Full patent
The holder of a valid oil shale mining claim who has filed a
patent application and received first half final certificate for
patent by October 24, 1992, may obtain a patent pursuant to the
general mining laws of the United States.
(c) Patent
(1) Notwithstanding any other provision of law, the holder of a
valid oil shale mining claim who has filed a patent application
which has been accepted for processing by the Department of the
Interior by October 24, 1992, but has not received first half final
certificate for patent by October 24, 1992, may receive only a
patent limited to the oil shale and associated minerals, upon
payment of $2.50 per acre. Title to the surface and to all other
minerals, including, but not limited to, oil, gas, and coal, shall
remain in the United States. Patents issued pursuant to this
subsection shall provide for surface use to the same extent as is
provided under applicable law prior to October 24, 1992, with
respect to oil shale mining claims, subject to the requirements of
subsection (f) of this section.
(2) Maintenance of claims referred to in this subsection prior to
patent issuance shall be in accordance with the requirements of
applicable law prior to October 24, 1992.
(3) Any holder of a valid oil shale mining claim referred to in
this subsection may maintain such claim in accordance with the
requirements set forth in subsection (e)(2) of this section in lieu
of receiving a patent under this section.
(4) Notwithstanding any other provision of law, any person
referred to in paragraph (1) who obtains compensation from the
United States as a result of the application of this section being
declared to be a taking of property within the meaning of the Fifth
Amendment to the United States Constitution, may obtain a full
patent upon tender to the Secretary of the amount of such
compensation, not including interest, and upon the receipt of such
amount, the Secretary shall convey to such person a patent in the
form and manner provided under the general mining laws of the
United States. Such tender may only be made within 3 years of
obtaining such compensation.
(d) Election
(1) Notwithstanding any other provision of law, within 180 days
from the date of which the Secretary provided notice under
subsection (a) of this section, a holder of a valid oil shale
mining claim for which a patent application was not filed and
accepted for processing by the Department of the Interior prior to
October 24, 1992, shall file with the Secretary a notice of
election to -
(A) proceed to limited patent as provided in subsection (e)(1)
of this section; or
(B) maintain the unpatented claim as provided for in subsection
(e)(2) of this section.
(2) Failure to file the notice of election as required by
paragraph (1) shall be deemed conclusively to constitute an
abandonment of the claim by operation of law.
(3) Any claim holder who elects to proceed under paragraph (1)(A)
must apply for a patent within 2 years from the date of election or
notify the Secretary in writing prior to expiration of the 2-year
period of a decision to maintain such claim as provided in
paragraph (1)(B) or such claim shall be deemed conclusively to have
been abandoned by operation of law.
(4) The provisions of this subsection shall be in addition to the
requirements of section 1744 of title 43.
(e) Effect of election
(1) Notwithstanding any other provisions of law, a claim holder
subject to the election requirements of subsection (d) of this
section who elects to receive a limited patent shall receive title
only to the oil shale associated minerals, upon payment of fair
market value for the oil shale and associated minerals. Title to
the surface and to all other minerals, including, but not limited
to oil, gas, and coal, shall remain in the United States. Patents
issued pursuant to this subsection shall provide for surface use to
the same extent as is provided under applicable law prior to
October 24, 1992, with respect to oil shale mining claims, subject
to the requirements of subsection (f) of this section.
(2) Notwithstanding any other provision of law, a claim holder
referred to in subsection (c) of this section or a claim holder
subject to the election requirements of subsection (d) of this
section who maintains or elects to maintain an unpatented claim
shall maintain such claim by complying with the general mining laws
of the United States, and with the provisions of this section,
except that the claim holder shall no longer be required to perform
annual labor, and instead shall pay to the Secretary $550 per claim
per year for deposit as miscellaneous receipts in the general fund
of the Treasury, commencing with calendar year 1993. Such fee shall
accompany the filing made by the claim holder with the Bureau of
Land Management pursuant to section 1744(a)(2) of title 43.
(f) Reclamation
In addition to other applicable requirements, any person who
holds a limited patent or maintains a claim pursuant to this
section shall be required to carry out reclamation as prescribed by
the Secretary and to furnish a bond or other appropriate financial
guarantee in an amount sufficient to ensure adequate reclamation of
the lands to be disturbed by any aspect of the proposed mining
activities.
(g) Reaffirmation of requirements
Without comment on the adequacy of current or former standards
for determining validity of oil shale claims, Congress reaffirms
the requirements of law that a patent may issue only to persons who
hold valid claims and the need for careful review of any
applications.
(h) Issuance of patents
Notwithstanding any other provision of law, with respect to any
oil shale mining claim located under the general mining laws of the
United States, no patent for such claim shall be issued except as
provided by this section.