1 2 3 4 5 4 ed by the Secretary of the Interior an affidavit of as sessment work performed thereon. The failure to file the affidavit shall be deemed conclusively to constitute an abandonment of the oil shale mining claim. SEC. 4. The Mineral Leasing Act, as amended (30 6 U.S.C. 181 et seq.; 41 Stat. 437) is amended by inserting 7 after section 44, the following new section: 8 "SEC. 45. PROHIBITION ON LEASE ISSUANCE. 9 "The Secretary shall not issue, or approve the assign10 ment of, a lease or leases under the terms of this Act to any 11 person, association, corporation, or any subsidiary, affiliate, 12 or person controlled by or under common control with such 13 person, association, or corporation, where any such entity 14 holds an oil shale mining claim located under the General 15 Mining Law of 1872 (30 U.S.C. 22, et seq.; 17 Stat. 91).”. 16 SEC. 5. In addition to other applicable requirements, 17 any person who holds a lease pursuant to subsection 3(b) of 18 this Act or who maintains an oil shale mining claim pursuant 19 to subsection 3(c) of this Act shall be required to reclaim the 20 site subject to such lease or claim and to post a bond before 21 disturbance of the site to guarantee such reclamation. Any 22 person who holds a lease issued or readjusted pursuant to 23 section 21 of the Mineral Lands Leasing Act of 1920 after 24 the date of enactment of this Act shall also be subject to such 25 requirements. The Secretary of the Interior shall promulgate 8 30 IS 101ST CONGRESS 1ST SESSION H. R. 2392 IN THE SENATE OF THE UNITED STATES JUNE 8 (legislative day, JANUARY 3), 1989 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend section 37 of the Mineral Leasing Act relating to oil shale claims, and for other purposes. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 SECTION 1. FINDINGS. 4 5 6 7 8 9 The Congress finds that: (1) Certain oil shale mining claims were located pursuant to the General Mining Act of May 10, 1872, before enactment of the Mineral Leasing Act of Febru ary 25, 1920, which provides for the leasing of that mineral. 2 (2) Section 37 of the Mineral Leasing Act permit ted oil shale claims that were "maintained in compli ance with the laws under which initiated" to be per fected under such laws. (3) The holders of those oil shale claims that have not been patented have been afforded ample opportuni ty to apply for patents over the last 69 years but have failed to take such action. (4) Both the Mining Act of 1872 and the Mineral Leasing Act were intended to accomplish the development of the mineral resources of the Nation, including oil shale. (5) Almost none of the oil shale claims have been developed for their oil shale in the intervening 69 years. (6) The continued existence of these oil shale claims restricts the lands from the development of other minerals which may exist on the claimed lands. (7) The continued existence of these oil shale claims interferes with the effective management of Federal lands. (8) Issuing patents at this time for claims for which a right to patent has not vested would likely result in non-mineral development contrary to the HR 2392 RFS 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 intent of the Mining Act of 1872 and the Mineral Leasing Act. (9) The lands embraced in an unpatented claim remain subject to the disposing power of the Congress until all conditions imposed by law for issuance of a patent are fully satisfied. (10) Either the conversion of valid oil shale claims to leases or requiring diligent work toward production on such claims, together with the cancellation of in valid claims, would promote mineral development including for oil shale. (11) It is in the public interest for these claims to be brought to some final resolution so that Federal lands affected may be properly managed for their mineral and other values in accordance with the laws and policies of the United States. 17 SEC. 2. AMENDMENT TO THE MINERAL LEASING ACT. 18 Section 37 of the Mineral Leasing Act (30 U.S.C. 193) 19 is amended by inserting "(a)" before the first sentence and by 20 adding the following new subsections at the end thereof: 21 "(b)(1) The Secretary of the Interior shall undertake an 22 expedited program to determine the validity of all unpatented 23 oil shale claims referred to in subsection (a). The expedited 24 program shall include an examination of all unpatented oil 25 shale claims, including those for which a patent application HR-2392 RFS |