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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Page 3
... PATENTS THROUGH CALENDAR YEAR 1989 . RIGHTS OF CLAIMHOLDERS , PARTICULARLY THOSE WHO HAVE FILED PATENT APPLICATIONS , ARE BEING VIOLATED BY THIS MORATORIUM AND THOSE WHICH THE CONGRESS HAS IMPOSED IN RECENT YEARS . THOUGH I AM QUITE ...
... PATENTS THROUGH CALENDAR YEAR 1989 . RIGHTS OF CLAIMHOLDERS , PARTICULARLY THOSE WHO HAVE FILED PATENT APPLICATIONS , ARE BEING VIOLATED BY THIS MORATORIUM AND THOSE WHICH THE CONGRESS HAS IMPOSED IN RECENT YEARS . THOUGH I AM QUITE ...
Page 6
... PATENT APPLICATIONS WOULD HAVE NO CHOICE BUT TO SEEK PAYMENT IN THE FEDERAL CLAIMS COURT . LIKEWISE , S. 30 WOULD LEGISLATE AN UNCOMPENSATED TAKING FOR THOSE WHO HAVE NOT YET FILED PATENT APPLICATIONS . BEYOND THAT , HOWEVER , S. 30 ...
... PATENT APPLICATIONS WOULD HAVE NO CHOICE BUT TO SEEK PAYMENT IN THE FEDERAL CLAIMS COURT . LIKEWISE , S. 30 WOULD LEGISLATE AN UNCOMPENSATED TAKING FOR THOSE WHO HAVE NOT YET FILED PATENT APPLICATIONS . BEYOND THAT , HOWEVER , S. 30 ...
Page 7
... PATENT APPLICATIONS BY THE ARBITRARY DATE OF 25 JANUARY 1989 MUST ELECT TO TAKE A LEASE AND PAY A ROYALTY OF 12 1/2 PER CENT , OR MAINTAIN THE CLAIM PURSUANT TO A REQUIREMENT TO PERFORM $ 1000 WORTH OF LABOR EACH YEAR , VERSUS $ 100 A ...
... PATENT APPLICATIONS BY THE ARBITRARY DATE OF 25 JANUARY 1989 MUST ELECT TO TAKE A LEASE AND PAY A ROYALTY OF 12 1/2 PER CENT , OR MAINTAIN THE CLAIM PURSUANT TO A REQUIREMENT TO PERFORM $ 1000 WORTH OF LABOR EACH YEAR , VERSUS $ 100 A ...
Page 26
... patent applications pending should be grandfathered to reduce the " takings " risk . Sixth , we believe that legislative recognition of the Department's discovery standard based on Freeman v . Summers is essential to prevent challenges ...
... patent applications pending should be grandfathered to reduce the " takings " risk . Sixth , we believe that legislative recognition of the Department's discovery standard based on Freeman v . Summers is essential to prevent challenges ...
Page 32
... patent applications for oil shale claims that it deemed invalid because of lack of assessment work . Plaintiffs in the recent TOSCO litigation challenged , in part , decisions invalidating their claims under this policy . These ...
... patent applications for oil shale claims that it deemed invalid because of lack of assessment work . Plaintiffs in the recent TOSCO litigation challenged , in part , decisions invalidating their claims under this policy . These ...
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Common terms and phrases
1872 Mining Law acres amended Appeals assessment work requirements associated minerals bill briefs Bureau of Land Cattany Chairman claimholders Colorado compromise Congress 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 JEFF BINGAMAN Land Management legislation litigation 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 perform assessment 1921-26 Piceance Piceance Basin placer mining proposed provisions public lands Regional Solicitor's Office Secretary Senator WIRTH settlement shale and associated shale mining claims shale oil Subcommittee on Mineral Summers Supreme Court surface management agreements surface rights TOSCO U.S. Senate unpatented claims unpatented oil shale Utah valid oil shale Wildlife
Popular passages
Page 256 - ... and he shall also post such notice in his office for the same period. The claimant, at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the Register a certificate of the United States Surveyor-General that five hundred dollars...
Page 255 - ... the claim or mine upon which such failure occurred shall be open to relocation in the same manner as If no location of the same had ever been made...
Page 226 - Where minerals have been found and the evidence is of such a character that a person of ordinary prudence would be justified in the further expenditure of his labor and means, with a reasonable prospect of success, in developing a valuable mine, the requirements of the statute have been met.
Page 265 - ... publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made the required expenditures.
Page 60 - Committee, thank you for the opportunity to appear before you today. I would be pleased to answer any questions you may have.
Page 257 - Wyoming," approved August 1, 1912 (Thirty-seventh Statutes at Large, page 1346), shall be subject to disposition only in the form and manner provided in this Act, except as to valid claims existent at date of the passage of this Act and thereafter maintained in compliance with the laws under which initiated, which claims may be perfected under such laws, including discovery.
Page 150 - May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars...
Page 59 - States, species are classified as threatened or endangered by the US Fish and Wildlife service in accordance with the 1973 Endangered Species Act, renewed and extended in 1988.
Page 94 - The oil shale patentee shall have the right to use so much of the surface as is necessary for oil shale mining operations; other surface rights shall remain with the US government; d.
Page 123 - This is true even though the effect of the legislation is to impose a new duty or liability based on past acts.