30 U.S.C. § 242 — Oil shale claims

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 in the Federal Register the reasons for his determination to accept or reject such Governor’s recommendations. (Feb. 25, 1920, ch. 85, § 21, 41 Stat. 445; Pub. L. 86–705, § 7, Sept. 2, 1960, 74 Stat. 790; Pub. L. 97–78, § 1(1), Nov. 16, 1981, 95 Stat. 1070; Pub. L. 97–394, title III, § 318, Dec. 30, 1982, 96 Stat. 1999; Pub. L. 109–58, title III, § 369(j)(2), Aug. 8, 2005, 119 Stat. 731.) Editorial Notes AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58 designated first to third sentences as pars. (1) to (3), respectively, sub- stituted ‘‘5,760’’ for ‘‘five thousand one hundred and twenty’’ in par. (2), designated fourth to eighth sen- tences as par. (4) and substituted ‘‘rate of $2.00 per acre’’ for ‘‘rate of 50 cents per acre’’, ‘‘No one person’’ for ‘‘Not more than one lease shall be granted under this section to any one person’’, and ‘‘shall acquire or hold more than 50,000 acres of oil shale leases in any one State. For’’ for ‘‘except that with respect to leases for’’, and added par. (5). 1982—Subsecs. (c), (d). Pub. L. 97–394 added subsecs. (c) and (d). 1981—Subsec. (a). Pub. L. 97–78 substituted ‘‘and gil- sonite (including all vein-type solid hydrocarbons)’’ and ‘‘gilsonite (including all vein-type solid hydro- carbons)’’ for ‘‘native asphalt, solid and semisolid bitu- men, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by spe- cial treatment after the deposit is mined or quarried)’’. Subsec. (c). Pub. L. 97–78 substituted ‘‘gilsonite (in- cluding all vein-type solid hydrocarbons)’’ for ‘‘native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried)’’. 1960—Pub. L. 86–705 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Other changes included addition of native asphalt, solid and semisolid bitumen, and bituminous rock within the scope of the section, and insertion of the limitation upon such hold- ings. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior to promulgate regulations under this chapter relating to establish- ment of diligence requirements for operations con- ducted on Federal leases, setting of rates for produc- tion of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42, The Public Health and Welfare. Section 7152(b) of Title 42 was repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981. § 242. Oil shale claims (a) Notice Notwithstanding any other provision of law, within 60 days from October 24, 1992, the Sec- retary of the Interior shall provide notice to each holder of an unpatented oil shale mining claim of the requirements of this Act. Such no- tice shall be made by registered mail and by publication in a newspaper of general circula- tion in the areas in which such claims are lo- cated. (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 lim- ited to the oil shale and associated minerals, upon payment of $2.50 per acre. Title to the sur- face 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 require- ments 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 main- tain such claim in accordance with the require- Page 87 TITLE 30—MINERAL LANDS AND MINING § 251 ments set forth in subsection (e)(2) in lieu of re- ceiving 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 com- pensation. (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 ac- cepted 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 pro- vided for in subsection (e)(2). (2) Failure to file the notice of election as re- quired by paragraph (1) shall be deemed conclu- sively 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 no- tify 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 re- quirements of subsection (d) who elects to re- ceive a limited patent shall receive title only to the oil shale associated minerals, upon payment of fair market value for the oil shale and associ- ated 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 require- ments of subsection (d) who maintains or elects to maintain an unpatented claim shall maintain such claim by complying with the general min- ing laws of the United States, and with the pro- visions of this section, except that the claim holder shall no longer be required to perform an- nual labor, and instead shall pay to the Sec- retary $550 per claim per year for deposit as mis- cellaneous 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 Manage- ment 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 main- tains 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 pro- posed 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 require- ments 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 lo- cated under the general mining laws of the United States, no patent for such claim shall be issued except as provided by this section. (Pub. L. 102–486, title XXV, § 2511, Oct. 24, 1992, 106 Stat. 3109.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of Title 42, The Public Health and Welfare, and Tables. CODIFICATION Section was enacted as part of the Energy Policy Act of 1992, and not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which comprises this chapter. SUBCHAPTER VI—ALASKA OIL PROVISO § 251. Leases to claimants of withdrawn lands; terms and conditions; acreage; annual rent- als and royalties; fraud of claimants Any bona fide occupant or claimant of oil or gas bearing lands in the Territory of Alaska, who, or whose predecessors in interest, prior to withdrawal had complied otherwise with the re- quirements of the mining laws, but had made no discovery of oil or gas in wells and who prior to withdrawal had made substantial improvements for the discovery of oil or gas on or for each lo- cation or had prior to February 25, 1920 expended not less than $250 in improvements on or for each location shall be entitled, upon relinquish- ment or surrender to the United States within one year from February 25, 1920, or within six months after final denial or withdrawal of appli- cation for patent, to a lease or leases, under this chapter covering such lands, not exceeding five