Oil Shale Claims: Hearing Before the Subcommittee on Min Ing and Natural Resources of the Committee on Interior and Insular Affairs, House of Representatives, One Hundred First Congress, First Session on H.R. 643 ... Hearing Held in Washington, DC, February 28, 1989U.S. Government Printing Office, 1990 - 294 lappuses |
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1872 Mining Law acres agreement annual assessment assessment work requirements Ben Nighthorse Campbell bill Cason Cattany Chairman claim patent claimholders Congress congressional decision Denver Department of Interior Department's discovery Ertl failure February February 28 federal government filed Freeman Green River Formation hearing Hickel Hodel Insular Affairs Interior and Insular Interior Department issue January 24 Krushnic Land Management litigation located Mineral Leasing Act Mining and Natural Natural Resources null and void Oil Company oil shale claimants oil shale claims oil shale lands oil shale legislation oil shale mining oil shale patent opportunity pending Piceance Basin placer mining prior proposed public lands question RAHALL resumption Rio Blanco County Secretary Senate settlement shale and associated shale mining claims shale oil shale patent applications Solicitor standards statement Subcommittee on Mining Summers Supreme Court surface management surface rights TOSCO United unpatented claims unpatented oil shale valuable Virginia-Colorado Wildlife
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51. lappuse - ... valid claims existent on February 25, 1920, and thereafter maintained in compliance with the laws under which initiated, which claims may be perfected under such laws, including discovery.
43. lappuse - Wyoming," approved August 1, 1912 (Thirty-seventh Statutes at Large, page 1346), shall be subject to disposition only in the form and manner provided in this Act, except as to valid claims existent at date of the passage of this Act and thereafter maintained in compliance with the laws under which initiated, which claims may be perfected under such laws, including discovery.
113. lappuse - The oil shale patentee shall have the right to use so much of the surface as is necessary for oil shale mining operations; other surface rights shall remain with the US government; d.
290. lappuse - ... the policy that made the United States, as the prospective recipient of royalties, a beneficiary of these oil shale claims. We cannot support Krushnic and Virginia-Colorado on so broad a ground. Rather, their dicta to the contrary, we conclude that they must be confined to situations where there had been substantial compliance with the assessment work requirements of the 1872 Act, so that the "possessory title" of the claimant, granted by 30 USC § 26, will not be disturbed on flimsy or insubstantial...
287. lappuse - In the circumstances this tended to discredit the asserted discoveries; and of like tendency was his unexplained statement, referring to the claims grouped in this patent application, that "some of them have not a smell of ore, but they can be located and held on...
72. lappuse - By law, the only property right plaintiff has in his unpatented claims is a right to possession for purposes of developing and extracting mineral resources. . . . Without question, that right was, and is, subject to the superior right of the United States to regulate uses of the surface resources within the [Sawtooth National Recreation Area]. Although Forest Service regulation of such surface uses has affected the manner in which plaintiff may develop his claims, it has not deprived him of the ability...
64. lappuse - ... character' of the property rights at issue here" - unpatented mining claims. Specifically, the United States retains "substantial regulatory 15 power" over mining claims because, as holder of the underlying fee title, it "maintains broad powers over the terms and conditions upon which the public lands can be used . . . and acquired.
45. lappuse - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation, in the same manner as if no location of the same had ever been made: Provided, That the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
52. lappuse - Even if the claimants argue that they were discouraged from applying for patents after the early 1960 's because the Department of the Interior then began to give stricter scrutiny to oil shale claims, the Department has always been willing to accept patent applications. Moreover, the government's more recent resolve to examine these claims more closely does not excuse the claimants' forty-plus year failure to apply for patents during the era when, by all accounts, the Department bent over backwards...
143. lappuse - Colorado filed a motion to intervene 1n this settlement in United States District Court and the United States Court of Appeals.