Title IV — General Provisions
IV General Provisions
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“(e) Security of tenure
“(1) In general
“(A) In general—A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if—
“(i) such claimant makes a timely payment of the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or
“(ii) in the case of a claimant who qualifies for a waiver under subsection (d), such claimant makes a timely payment of the location fee and complies with the required assessment work under the general mining laws.
“(B) Operations defined—For the purposes of this paragraph, the term operations means—
“(i) any activity or work carried out in connection with prospecting, exploration, processing, discovery and assessment, development, or extraction with respect to a locatable mineral;
“(ii) the reclamation of any disturbed areas; and
“(iii) any other reasonably incident uses, whether on a mining claim or not, including the construction and maintenance of facilities, roads, transmission lines, pipelines, and any other necessary infrastructure or means of access on public land for support facilities.
“(2) Fulfillment of Federal Land Policy and Management Act—A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy the requirements of any provision of the Federal Land Policy and Management Act that requires the payment of fair market value to the United States for use of public lands and resources relating to use of such lands and resources authorized by the general mining laws.
“(3) Savings clause—Nothing in this subsection may be construed to diminish the rights of entry, use, and occupancy, or any other right, of a claimant under the general mining laws.”
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“(e) Borrow source—Section 5 shall not apply to Federal expenditures or financial assistance for the use of a borrow source located within the System if such borrow source, or a portion thereof, has been used as a borrow source by a coastal storm risk management project at least once prior to December 31, 2008.”
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“(5) Each five-year program shall include at least two Gulf of Mexico region-wide lease sales per year.”
“(f) Five-Year Program for 2023–2028.—The Secretary shall issue the five-year oil and gas leasing program for 2023 through 2028 and issue the Record of Decision on the Final Programmatic Environmental Impact Statement by not later than 60 days of enactment of this Act.
“(g) Subsequent Leasing Programs.—
“(1) In General.—Not later than 36 months after conducting the first lease sale under an oil and gas leasing program prepared pursuant to this section, the Secretary shall begin preparing the subsequent oil and gas leasing program under this section.
“(2) Requirement.—Each subsequent oil and gas leasing program under this section shall be approved by not later than 180 days before the expiration of the previous oil and gas leasing program.”