PUBLIC LAW 97-78—NOV. 16, 1981
95 STAT. 1071
subject to section 17(k)(l)(c). The Secretary may lease such additional ^^f^lands in special tar sand areas as may be required in support of any operations necessary for the recovery of tar sands.". (b) Section 17(c) of such Act (30 U.S.C. 226(c)) is amended by deleting "within any known geological structure of a producing oil or gas field," and inserting in lieu thereof "subject to leasing under subsection (b),". (c) Section 17(e) of such Act (30 U.S.C. 226(e)) is amended by inserting before the period at the end of the first sentence the following: ": Provided, however, That competitive leases issued in special tar sand areas shall also be for a primary term often years.". (7) Section 39 of such Act (30 U.S.C. 209) is amended by adding after the period following the first sentence: "Provided, however. That in order to promote development and the maximum production of tar sand, at the request of the lessee, the Secretary shall review, prior to commencement of commercial operations, the royalty rates established in each combined hydrocarbon lease issued in special tar sand areas. For purposes of this section, the term 'tar sand' means any "Tar sand." consolidated or unconsolidated rock (other than coal, oil shale, or gilsonite) that either: (1) contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than 10,000 centipoise, or (2) contains a hydrocarbonaceous material and is produced by mining or quarrying.". (8) Section 17 of such Act (30 U.S.C. 226) is amended by adding at the end thereof the following new subsection: "(k)(l)(A) The owner of (1) an oil and gas lease issued prior to the Application date of enactment of the Combined Hydrocarbon Leasing Act of 1981 filing. or (2) a valid claim to any hydrocarbon resources leasable under this section based on a mineral location made prior to January 21, 1926, and located within a special tar sand area shall be entitled to convert such lease or claim to a combined hydrocarbon lease for a primary term of ten years upon the filing of an application within two years from the date of enactment of that Act containing an acceptable plan of operations which assures reasonable protection of the environment and diligent development of those resources requiring enhanced recovery methods of development or mining. For purposes of conversion, no claim shall be deemed invalid solely because it was located as a placer location rather than a lode location or vice versa, notwithstanding any previous adjudication on that issue. "(B) The Secretary shall issue final regulations to implement this Regulations section within six months of the effective date of this Act. If any oil and gas lease eligible for conversion under this section would otherwise expire after the date of this Act and before six months following the issuance of implementing regulations, the lessee may preserve his conversion right under such lease for a period ending six months after the issuance of implementing regulations by filing with the Secretary, before the expiration of the lease, a notice of intent to file an application for conversion. Upon submission of a complete plan of operations in substantial compliance with the regulations promulgated by the Secretary for the filing of such plans, the Secretary shall suspend the running of the term of any oil and gas lease proposed for conversion until the plan is finally approved or disapproved. The Secretary shall act upon a proposed plan of operations within fifteen months of its submittal. "(C) When an existing oil and gas lease is converted to a combined Royalties. hydrocarbon lease, the royalty shall be that provided for in the original oil and gas lease and for a converted mining claim, 12 V per a
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