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als are produced annually in commercial quantities
from the lease.
"(B) The acreage limitations contained in section
“(C) The first and second provisos of section 21(a)
"(D) The limitation on the number of leases to be
granted to any one person, association, or corporation contained in section 21(a) shall not apply.
“(E) The phrase ‘oil shale and gilsonite in the
first sentence of section 21(a) shall be construed to in
clude oil shale and all other associated minerals.
"(3)(A) The holder of a claim making an election under
14 this subsection may elect to maintain the claim by complying
15 with such requirements as the Secretary shall prescribe, by 16 rule, to assure that, during each year that oil shale or associ17 ated minerals are not being produced from the claim in com18 mercial quantities, the holder of such claim either makes pay19 ments in lieu of diligent development under subparagaph (B) 20 or expends an amount annually which21
“(i) represents diligent efforts toward the produc22 tion of oil shale or associated minerals (or both),
"(ii) includes substantial work on the claim, and
“(iii) represents not less than $5,000 worth of expenditure on the claim.
1 “(B) In lieu of making the expenditure described in 2 clauses (i), (ii), and (iii) in any year, the holder of such claim
3 may pay the Secretary an amount equal to $5,000 for the
4 claim for that year. Moneys received by the Secretary under
5 this subparagraph shall be disposed of in the same manner as
6 moneys received pursuant to section 35, except that 50 per
7 cent of such moneys shall be transferred to the States and 50
8 percent shall be deposited in the General Fund of the
9 Treasury. 10 “(C) The Secretary shall promulgate a final rule under 11 this paragraph within 90 days after the enactment of this 12 subsection. The annual expenditure requirement under such 13 rule shall take effect on the first day of the first month of 14 September which occurs more than 90 days after the enact
15 ment of this subsection.
16 “(D) The Secretary shall review the expenditures made 17 for each such claim not less frequently than annually. 18 “(E) In applying the provisions of section 314 of the 19 Federal Land Policy and Management Act of 1976 (43 20 U.S.C. 1744), the holder of a claim for which an election
21 under this paragraph has been made shall comply with the 22 provisions of subsection (a)(1) thereof only by filing (as pro23 vided in such provisions) an affidavit that the annual expendi24 ture (or annual payments in lieu of diligent development) re25 quirements of this paragraph have been met with respect to
1 such claim or that oil shale or associated minerals are being 2 produced from the claim in commercial quantities. 3 “(F) Failure to comply with the requirements of this 4 paragraph and the requirements of such section 314(a)(1) 5 shall be deemed conclusively to constitute a forfeiture of the
6 claim and the claim shall be null and void. In addition, the
7 Secretary shall declare a claim to be null and void and cancel
8 it on the earlier of the following:
“(i) The date on which the Secretary determines that oil shale and associated minerals are exhausted.
"(ii) The date 100 years after the date of location
13 On the date referred to in clause (ii), the Secretary shall
14 make a determination under this subparagraph and if the 15 Secretary determines that oil shale or associated minerals are 16 being produced in commercial quantities there shall be substi17 tuted for such date the date on which the Secretary deter
18 mines that oil shale or associated minerals cease to be pro
19 duced from the claim in commercial quantities.
“(G) The provisions of sections 4 and 6 of the Act of
21 August 13, 1954 (30 U.S.C. 524 and 526), popularly known
22 as the Multiple Minerals Development Act, and the provi
23 sions of section 4 of the Act of July 23, 1955 (30 U.S.C.
24 612), popularly known as the Surface Resources Act, shall
25 apply to claims for which an election under this paragraph
HR 9892 RFS
1 has been made in the same manner and to the same extent as
2 such provisions apply to the mining claims referred to
4 “(e) In addition to other applicable requirements, any 5
person who holds a lease pursuant to paragraph (2) of subsec6 tion (d) or who maintains a claim pursuant to paragraph (3) of 7 subsection (d) or pursuant to subsection (f) shall be required, 8 by regulation, to reclaim the site subject to such lease or 9 claim and to post a surety bond or provide other types of 10 financial guarantee satisfactory to the Secretary before dis
11 turbance of the site to insure such reclamation. The Secre
12 tary shall promulgate such regulations as may be necessary 13 to implement this subsection. 14 “(f)(1) If a patent application was filed with the Secre
15 tary before January 24, 1989, for an oil shale claim referred
16 to in subsection (a) but all requirements established under
17 sections 2329, 2330, 2331, 2333 of the Revised Statutes (30
18 U.S.C. 35, 36, and 37) were not fully complied with by that 19 date, the Secretary may issue a patent under this subsection 20 notwithstanding the failure to meet those requirements by 21 that date if such requirements are subsequently met and the 22 Secretary determines the claim to be valid (after review as
23 provided in subsection (c)). The patent shall be limited to the
24 oil shale and associated minerals on such claim. Upon compli
1 ance with such requirements, such patent may be issued upon 2 payment to the Secretary of $2,000 per acre. 3 “(2) Any patent under this subsection shall be subject to
4 an express reservation of the surface of the affected lands,
5 and the provisions of sections 4 and 6 of the Act of 6 August 13, 1954 (30 U.S.C. 524 and 526), popularly known 7 as the Multiple Minerals Development Act, and of section 4 8 of the Act of July 23, 1955 (30 U.S.C. 612), popularly 9 known as the Surface Resources Act, shall apply to such
10 claim in the same manner and to the same extent as such
11 provisions apply to the unpatented mining claims referred to
12 in such provisions.
13 "(3) No claimholder having a claim described in this 14 subsection shall be required to make an election under sub15 section (d).".
Passed the House of Representatives June 1, 1989.
DONNALD K. ANDERSON,
OH 2390 RFS: