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To provide for certain requirements relating to the conversion of oil shale mining claims located under the General Mining Law of 1872 to leases, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 25 (legislative day, JANUARY 3), 1989

Mr. WIRTH (for himself, Mr. JOHNSTON, and Mr. BUMPERS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To provide for certain requirements relating to the conversion of oil shale mining claims located under the General Mining Law of 1872 to leases, and for other purposes.

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Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act shall be known as the "Oil Shale Mining 4 Claims Conversion Act".

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SEC. 2. Notwithstanding any other provision of law, 6 with respect to any oil shale mining claim located prior to 7 enactment of the Mineral Leasing Act of 1920 (30 U.S.C. 8 181, et seq.; 41 Stat. 437), no patent for such claim shall be 9 issued after January 25, 1989, except for those claims for

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1 which a patent application had been filed and all require

2 ments for a patent had been fully complied with by such date.

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SEC. 3. (a) The owner of any valid oil shale mining 4 claim located pursuant to the General Mining Law of 1872, 5 as amended (30 U.S.C. 22, et seq.; 17 Stat. 91) prior to 6 enactment of the Mineral Leasing Act of 1920 shall make an 7 election under subsection (b) or subsection (c) of this section. 8 The election shall be made within one hundred and eighty 9 days after the enactment of this Act. Failure to make an 10 election within such period shall be deemed conclusively to 11 constitute an abandonment of the oil shale claim. Not later 12 than thirty days after the enactment of this subsection, the 13 Secretary shall notify the owner of each such claim of the 14 election required under this subsection.

15 (b) The holder of a claim required to make an election 16 under this section may elect to convert such claim to a lease. 17 Such lease shall be issued within sixty days after any such 18 election and administered in accordance with those provisions 19 of the Mineral Leasing Act, as amended, applicable to leases 20 for deposits of oil shale, except as follows:

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(1) The term of the lease shall be for twenty years and for so long thereafter as shale oil is produced

annually in commercial quantities from the lease;

(2) the acreage limitations contained in section

21(a) (30 U.S.C. 241(a)) shall not apply;

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To provide for certain requirements relating to the conversion of oil shale mining claims located under the General Mining Law of 1872 to leases, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 25 (legislative day, JANUARY 3), 1989

Mr. WIRTH (for himself, Mr. JOHNSTON, and Mr. BUMPERS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

. A BILL

To provide for certain requirements relating to the conversion of oil shale mining claims located under the General Mining Law of 1872 to leases, and for other purposes.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act shall be known as the "Oil Shale Mining 4 Claims Conversion Act".

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SEC. 2. Notwithstanding any other provision of law, 6 with respect to any oil shale mining claim located prior to 7 enactment of the Mineral Leasing Act of 1920 (30 U.S.C. 8 181, et seq.; 41 Stat. 437), no patent for such claim shall be 9 issued after January 25, 1989, except for those claims for

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1 which a patent application had been filed and all require

2 ments for a patent had been fully complied with by such date.

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SEC. 3. (a) The owner of any valid oil shale mining 4 claim located pursuant to the General Mining Law of 1872, 5 as amended (30 U.S.C. 22, et seq.; 17 Stat. 91) prior to 6 enactment of the Mineral Leasing Act of 1920 shall make an 7 election under subsection (b) or subsection (c) of this section. 8 The election shall be made within one hundred and eighty 9 days after the enactment of this Act. Failure to make an 10 election within such period shall be deemed conclusively to 11 constitute an abandonment of the oil shale claim. Not later 12 than thirty days after the enactment of this subsection, the 13 Secretary shall notify the owner of each such claim of the 14 election required under this subsection.

15 (b) The holder of a claim required to make an election 16 under this section may elect to convert such claim to a lease. 17 Such lease shall be issued within sixty days after any such 18 election and administered in accordance with those provisions 19 of the Mineral Leasing Act, as amended, applicable to leases 20 for deposits of oil shale, except as follows:

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(1) The term of the lease shall be for twenty years and for so long thereafter as shale oil is produced annually in commercial quantities from the lease;

(2) the acreage limitations contained in section 21(a) (30 U.S.C. 241(a)) shall not apply;

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(3) the first and second provisos of section 21(a)

shall not apply;

(4) 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; and

(5) the royalty shall be not less than 122 per

centum in amount or value of production removed or sold from the lease.

9 (c) The holder of a claim required to make an election 10 under this section may elect to maintain the claim by comply11 ing with the mining laws of the United States and with the 12 provisions of this Act, including the following:

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(1) Notwithstanding any other provision of law, commencing with the date of enactment of this provi

sion, on each claim $1,000 worth of labor shall be performed or improvements made during each and every

year. The failure to fulfill this requirement each and every year shall be deemed conclusively to constitute an abandonment of the oil shale mining claim.

(2) Notwithstanding any other provision of law, in addition to the requirements set forth in section 314 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744; 90 Stat. 2769), the owner of an unpatented oil shale mining claim shall file annually in the office of the Bureau of Land Management designat

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