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1 has not been filed. If a claim is determined to be invalid, the

2 Secretary shall promptly declare the claim to be null and void 3 and cancel it.

4 "(2) Not later than 30 days after the enactment of this 5 subsection the Secretary shall publish proposed regulations in 6 the Federal Register containing standards and criteria for de7 termining the validity of all unpatented oil shale claims re8 ferred to in subsection (a). Final regulations shall be promul9 gated within 180 days after the date such proposed regula10 tions are published. The Secretary shall make a determina11 tion with respect to the validity of each such claim within 2 12 years after the promulgation of such final regulations. In 13 making such determinations the Secretary shall give priority 14 to those claims which meet the requirements of paragraphs 15 (1) and (2) of subsection (c) and subsection (f).

16 "(c) Except as provided in subsection (f), after Janu17 ary 24, 1989, no patent shall be issued by the United States 18 for any oil shale claim referred to in subsection (a) unless the 19 Secretary of the Interior determines that, for the claim 20 concerned

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"(1) a patent application was filed with the Secretary on or before January 24, 1989, and

"(2) all requirements established under sections

2329, 2330, 2331, 2333 of the Revised Statutes (30)

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U.S.C. 35, 36, and 37) were fully complied with by that date.

"(d)(1) The holder of each oil shale claim for which no

4 patent may be issued by reason of subsection (c) shall make 5 an election under paragraph (2) or paragraph (3) of this sub6 section. Not later than 30 days after the enactment of this 7 subsection, the Secretary shall notify the holder of each such 8 claim of the requirement to make such election. The holder 9 shall make the election by certified mail within 60 days after 10 receiving such notification. Failure to make an election 11 within such period, shall be deemed conclusively to constitute 12 a forfeiture of the claim and the claim shall be null and void. 13 "(2) The holder of a claim required to make an election 14 under this subsection may elect to apply to the Secretary for 15 a lease under section 21. The Secretary shall promptly pro16 vide a lease application to any claimholder who makes such 17 election and the claimholder shall file an application for lease 18 within 90 days after receiving such application. Upon receiv19 ing such an application the Secretary shall issue a lease to 20 the holder of such claim for the area covered by the claim if 21 the claim is determined to be valid. A lease under this para22 graph shall be issued in accordance with the provisions of 23 section 21 except as follows:

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"(A) The term of the lease shall be 20 years and

for so long thereafter as oil shale or associated miner

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als are produced annually in commercial quantities

from the lease.

"(B) The acreage limitations contained in section 21(a) shall not apply.

"(C) The first and second provisos of section 21(a) shall not apply.

"(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 which

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"(i) represents diligent efforts toward the production 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.

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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 per7 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.

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"(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 enact15 ment of this subsection.

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"(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

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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:

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“(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
of the claim.

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 deter18 mines that oil shale or associated minerals cease to be pro19 duced from the claim in commercial quantities.

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"(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 provi23 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

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