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30 U.S.C. § 242 — Oil shale claims
Federal law — U.S. Code and appendices · legal_authorities
**(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).
(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) in lieu of
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 242
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Source file: Laws/federal/codes/united-states-code/title-30/section-242-oil-shale-claims--f6208af024.md
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Source location: Title 30, Chapter 3A, § 242; chapter-3a-leases-and-prospecting-permits.md
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**(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).
(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) 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), 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); or
(B) maintain the unpatented claim as provided for in subsection (e)(2).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1744&num=0&edition=prelim).
**(e) Effect of election**
(1) Notwithstanding any other provisions of law, a claim holder subject to the election requirements of subsection (d) 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).
(2) Notwithstanding any other provision of law, a claim holder referred to in subsection (c) or a claim holder subject to the election requirements of subsection (d) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1744/a/2&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible projects** Projects supported under [section 13572(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/2&num=0&edition=prelim) shall—
(1) utilize technologies that meet relevant Federal and State clean air requirements applicable to the unit or facility, including being adequately demonstrated for purposes of [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim), achievable for purposes of [section 7479 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7479&num=0&edition=prelim), or achievable in practice for purposes of [section 7501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7501&num=0&edition=prelim); or
(2) utilize equipment or processes that exceed relevant Federal or State clean air requirements applicable to the unit or facilities included in the projects by achieving greater efficiency or environmental performance.
**(b) Priority in project selection** In making an award under [section 13572(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13572/a/2&num=0&edition=prelim), the Secretary shall give priority to—
(1) projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas or substantially reduce the emission level of criteria pollutants and mercury air emissions;
(2) projects for pollution control that result in the mitigation or collection of more than 1 pollutant; and
(3) projects designed to allow the use of the waste byproducts or other byproducts of the equipment.
**(c) Authorization of appropriations** There a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing requirements** The owner of an unpatented lode or placer mining claim located prior to October 21, 1976, shall, within the three-year period following October 21, 1976 and prior to December 31 of each year thereafter, file the instruments required by paragraphs (1) and (2) of this subsection. The owner of an unpatented lode or placer mining claim located after October 21, 1976 shall, prior to December 31 of each year following the calendar year in which the said claim was located, file the instruments required by paragraphs (1) and (2) of this subsection:
(1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon, on 11 So in original. Probably should be “or”. a detailed report provided by [section 28–1 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28–1&num=0&edition=prelim), relating thereto.
(2) File in the office of the Bureau designated by the Secretary a copy of the official record of the instrument filed or recorded pursuant to paragraph (1) of this subsection, including a description of the location of the mining claim sufficient to locate the claimed lands on the ground.
**(b) Additional filing requirements** The owner of an unpatented lode or placer mining claim or mill or tunnel site located prior to October 21, 1976 shall, within the three-year period following October 21, 1976, file in the office of the Bureau designated by the Secretary a copy of the official record of the notice of location or certificate of location, i
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1744
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Claim maintenance fee**
(1) **Lode mining claims, mill sites, and tunnel sites** — The holder of each unpatented lode mining claim, mill site, or tunnel site, located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 ([30 U.S.C. 28–28e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28–28e&num=0&edition=prelim)) 11 See References in Text note below. and the related filing requirements contained in section 1744(a) and (c) of title 43.
(2) **Placer mining claims** — The holder of each unpatented placer mining claim located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, the claim maintenance fee described in subsection (a)(1), for each 20 acres of the placer claim or portion thereof. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 ([30 U.S.C. 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section28&num=0&edition=prelim) to 28e) 1 and the related filing requirements contained in section 1744(a) and (c) of title 43.
**(b) Time of payment** The claim main tenance 22 So in original. Probably should be “maintenance”. fee under subsection (a) shall be paid for the year in which the location is made, at the time the location notice is recorded with the Bureau of Land Management.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 28f
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Federal law — U.S. Code and appendices · legal_authorities
Page 86
TITLE 30—MINERAL LANDS AND MINING
§ 242
2 So in original. Probably should be subsection ‘‘(c)’’.
ter where such leasing would not be incompat-
ible with the offsite lease.
(d) Considerations governing issuance of offsite
lease
In recognition of the unique character of oil
shale development:
(1) In determining whether to offer or issue an
offsite lease under subsection (c), the Secretary
shall consult with the Governor and appropriate
State, local, and tribal officials of the State
where the lands to be leased are located, and of
any additional State likely to be affected sig-
nificantly by the social, economic, or environ-
mental effects of development under such lease,
in order to coordinate Federal and State plan-
ning processes, minimize duplication of permits,
avoid delays, and anticipate and mitigate likely
impacts of development.
(2) The Secretary may issue an offsite lease
under subsection (d) 2 after consideration of (A)
the need for leasing, (B) impacts on the environ-
ment and other resource values, (C) socio-
economic factors, and (D) information from con-
sultations with the Governors of the affected
States.
(3) Before determining whether to offer an off-
site lease under subsection (c), the Secretary
shall seek the recommendation of the Governor
of the State in which the lands to be leased are
located as to whether or not to lease such lands,
what alternative actions are available, and what
special conditions could be added to the pro-
posed lease to mitigate impacts. The Secretary
shall accept the recommendations of the Gov-
ernor if he determines that they provide for a
reasonable balance between the national inter-
est and the State’s interests. The Secretary
shall communicate to the Governor, in writing,
and publish i
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 242
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.