Treatment of Oil Shale Mining Claims: Hearing Before the Subcommittee on Mineral Resources Development and Production of the Committee on Energy and Natural Resources, United States Senate, One Hundred First Congress, First Session, on S. 30 ... H.R. 2392 ... July 31, 1989, Volume 4U.S. Government Printing Office, 1989 - 312 pages |
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1872 Mining Law acres amended Appeals assessment work requirements associated minerals bill briefs Bureau of Land Cattany Chairman claimholders Colorado compromise CONGRESS THE LIBRARY criteria decision Denver Department of Interior disposals enactment Ertl Failure to perform February 25 Federal Government Federal oil shale filed Freeman giveaway Green River Formation hearing Hickel Hodel Interior Department invalid issue January 24 Land Management legislation LIBRARY OF CONGRESS litigation located Mineral Leasing Act Natural Resources oil shale claims oil shale deposit oil shale lands oil shale mining oil shale patent oil-shale patent applications pending perform annual assessment Piceance Piceance Basin placer mining proposed prospectively valuable provisions public lands Regional Solicitor's Office ROY ROMER SAVAGE Secretary Senator WIRTH settlement shale and associated shale mining claims shale oil Summers Supreme Court surface management agreements surface rights TOSCO U.S. Senate unpatented oil shale valid oil shale Wildlife
Popular passages
Page 279 - worth of labor shall be performed or improvements made during each year. . . . [U]pon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the
Page 174 - as follows: On each claim located after the 10th day of May 1872, and until a patent has been issued therefor, not less than $100 worth of labor shall be performed or improvements made during each year.
Page 279 - and 29. Section 28 provides that until a patent issued "not less than $100 worth of labor shall be performed or improvements made during each year."
Page 281 - 37 contained a Saving Clause which covered "valid claims existent on February 25, 1920, and thereafter maintained in compliance with the laws under which initiated, which claims may be perfected under such laws, including discovery.
Page 283 - one concerns the Saving Clause in the Leasing Act which, as noted, makes available for patent "valid claims existent on February 25, 1920, and thereafter maintained in compliance with the laws under which initiated." Concededly, failure to maintain a claim made it "subject to disposition only" by leasing by the United States. See
Page 147 - Supreme Court has held that legislation readjusting rights and burdens is not unlawful solely because it "upsets otherwise settled expectations." Usery v. Turner Elkhorn Mining Co.. 428 US 1 (1976).
Page 174 - says that not less than $100 worth of labor shall be performed or improvements made during each year
Page 287 - and Virginia-Colorado on so broad a ground. Rather, their dicta to the contrary, we conclude that they must be confined to situations where there had been substantial compliance with the assessment work requirements of the 1872 Act, so that the "possessory title" of the claimant, granted by 30
Page 289 - the claim shall become the property of his coowners who have made the required expenditures " That federal right is enforceable
Page 287 - and Virginia-Colorado that every default in assessment work does not cause the claim to be lost. Defaults, however, might be the equivalent of abandonment; and we now hold that token assessment work, or assessment work that does not substantially satisfy the requirements of 30 U. 8. C.