§ 242. — Oil shale claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC242]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 3A--LEASES AND PROSPECTING PERMITS
SUBCHAPTER V--OIL SHALE
Sec. 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.
(Pub. L. 102-486, title XXV, Sec. 2511, Oct. 24, 1992, 106 Stat. 3109.)
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.
Section Referred to in Other Sections
This section is referred to in section 28f of this title.
