Page:United States Statutes at Large Volume 106 Part 4.djvu/374

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106 STAT. 3110 PUBLIC LAW 102-486—OCT. 24, 1992 acre. Title to the surface and to all other minerals, including, but not limited to, oil, gas, and coa.\ shall remain in the United States. Patents issued pursuant to this subsection shall provide for surface use to the same extent as is provided under applicable law prior to enactment of this Act with respect to oil shale mining claims, subject to the requirements of subsection (f)> (2) Maintenance of claims referred to in this subsection prior to patent issuance shall be in accordance with the requirements of applicable law prior to enactment of this Act. (3) Any holder of a valid oil shale mining claim referred to in this subsection may maint£dn such claim in accordance with the requirements set forth in subsection (e)(2) in lieu of receiving a patent under this section. (4) Notwithstanding any other provision of law, any person referred to in paragraph (1) who obtains compensation from the United States as a result of the application of this section being declared to be a taking of property within the meaning of the Fifth Amendment to the United States Constitution, may obtain a full patent upon tender to the Secretary of the amount of such compensation, not including interest, and upon the receipt of such amount, the Secretary shall convey to such person a patent in the form and manner provided under the general mining laws of the United States. Such tender may only be made within 3 years of obtaining such compensation. (d) ELECTION. —<1) Notwithstanding any other provision of law, within 180 days from the date of which the Secretary provided notice under subsection (a), a holder of a valid oil shale mining claim for which a patent application was not filed and accepted for processing by the Department of the Interior prior to the date of enactment of this Act shall file with the Secretary a notice of election to— (A) proceed to limited patent as provided in subsection (e)(l); or (B) maintain the unpatented claim as provided for in subsection (e)(2). (2) Failure to file the notice of election as required by paragraph (1) shall be deemed conclusively to constitute an abandonment of the claim by operation of law. (3) Any claim holder who elects to proceed under paragraph (I)(A) must apply for a patent within 2 years from the date of election or notify the Secret£ury in writing prior to expiration of the 2-year period of a decision to maintain such claim as provided in paragraph (I)(B) or such claim shall be deemed conclusively to have been abandoned by operation of law. (4) The provisions of this subsection shall be in addition to the reqmrements of section 314 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744). (e) EFFECT OF ELECTION.—(1) Notwithstanding any other provisions of law, a claim holder subject to the election requirements of subsection (d) who elects to receive a limited patent shall receive title only to the oil shale associated minerals, upon payment of fair market value for the oil shale and associated minerals. Title to the surface and to all other minerals, including, but not limited to oil, gas, and coal, shall remain in the United States. Patents issued pursuant to this subsection shall provide for surface use to the same extent as is provided under applicable law prior to