Page:United States Statutes at Large Volume 96 Part 2.djvu/1102

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PUBLIC LAW 97-000—MMMM. DD, 1982

96 STAT. 2464

PUBLIC LAW 97-451—JAN. 12, 1983

determination for competitive leases issued pursuant to such section as determined by the Secretary: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the termination of the original lease; "(B) payment of back royalties and inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act of a requirement for future royalties at a rate not less than 30 USC 226. 16% percent: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the cancellation or termination of the original lease; and Notice, "(4) notice of the proposed reinstatement of a terminated publication in lease, including the terms and conditions of reinstatement, shall Federal be published in the Federal Register at least thirty days in Register. advance of the reinstatement. Copy, submittal A copy of said notice, together with information concerning rental, to congressional royalty, volume of production, if any, and any other matter which committees. the Secretary deemed significsint in making this determination to reinstate, shall be furnished to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate at least thirty days in advance of the reinstatement. The lessee of a reinstated lease shall reimburse the Secretary for the administrative costs of reinstating the lease, but not to exceed $500. In addition the lessee shall Cost of publication in reimburse the Secretary for the cost of publication in the Federal Federal Register of the notice of proposed reinstatement. Register. "(f) Where an unpatented oil placer mining claim validly located prior to February 24, 1920, which has been or is currently producing or is capable of producing oil or gas, has been or is hereafter deemed conclusively abandoned for failure to file timely the required instruments or copies of instruments required by section 314 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744), and it is shown to the satisfaction of the Secretary that such failure was inadvertent, justifiable, or not due to lack of reasonable diligence on the pait of the owner, the Secretary may issue, for the lands covered by the abandoned unpatented oil placer mining claim, a noncompetitive oil and gas lease, consistent with the provisions of section 17(e) of this Act, to be effective from the statutory date the 30 USC 226. claim was deemed conclusively abandoned. Issuance of such a lease shall be conditioned upon: "(1) a petition for issuance of a noncompetitive oil and gas lease, together with the required rental and royalty, including back rental and royalty accruing from the statutory date of abandonment of the oil placer mining claim, being filed with the Secretary— "(A) with respect to any claim deemed conclusively abandoned on or before the date of enactment of the Federal Oil Ante, p. 2447. , and Gas Royalty Management Act of 1982, on or before the one hundred and twentieth day after such date of enactment, or "(B) with respect to any claim deemed conclusively abandoned after such date of enactment, on or before the one hundred and twentieth day after final notification by the Secretary or a court of competent jurisdiction of the deter-