H.R.2262
Hardrock Mining and Reclamation Act of 2007 (Introduced in House)
HR 2262 IH
110th CONGRESS
1st Session
H. R. 2262
To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 10, 2007
Mr. RAHALL (for himself and Mr. COSTA) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the "Hardrock Mining and Reclamation Act of 2007".
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 201. Lands open to location.
Sec. 301. Environmental protection standards.
Sec. 303. Operations permit.
Sec. 304. Persons ineligible for permits.
Sec. 305. Financial assurance.
Sec. 306. Operation and reclamation.
Sec. 307. State law and regulation.
Sec. 401. Abandoned locatable minerals mine reclamation.
Sec. 402. Use and objectives of the Fund.
Sec. 403. Eligible lands and waters.
Sec. 404. Fund expenditures.
Sec. 405. Authorization of appropriations.
Sec. 421. Locatable minerals community impact assistance.
Sec. 422. Use and objectives of the Fund.
Sec. 423. Allocation of funds.
Subtitle A--Administrative Provisions
Sec. 501. Policy functions.
Sec. 503. Inspection and monitoring.
Sec. 504. Citizens suits.
Sec. 505. Administrative and judicial review.
Sec. 507. Regulations; effective dates.
Sec. 511. Oil shale claims subject to special rules.
Sec. 512. Purchasing power adjustment.
Sec. 513. Savings clause.
Sec. 514. Availability of public records.
Sec. 515. Miscellaneous powers.
Sec. 516. Multiple mineral development and surface resources.
Sec. 517. Mineral materials.
SEC. 2. DEFINITIONS AND REFERENCES.
(a) In General- As used in this Act:
(1) The term "affiliate" means with respect to any person, any of the following:
(A) Any person who controls, is controlled by, or is under common control with such person.
(B) Any partner of such person.
(C) Any person owning at least 10 percent of the voting shares of such person.
(2) The term "applicant" means any person applying for a permit under this Act or a modification to or a renewal of a permit under this Act.
(3) The term "beneficiation" means the crushing and grinding of locatable mineral ore and such processes as are employed to free the mineral from other constituents, including but not necessarily limited to, physical and chemical separation techniques.
(4) The term "claim holder" means a person holding a mining claim, millsite claim, or tunnel site claim located under the general mining laws and maintained in compliance with such laws and this Act. Such term may include an agent of a claim holder.
(5) The term "control" means having the ability, directly or indirectly, to determine (without regard to whether exercised through one or more corporate structures) the manner in which an entity conducts mineral activities, through any means, including without limitation, ownership interest, authority to commit the entity"s real or financial assets, position as a director, officer, or partner of the entity, or contractual arrangement.
(6) The term "environmental protection requirements" means the requirements and standards of title III, and such other standards as are established by the Secretary governing mineral activities pursuant to this Act.
(7) The term "exploration" means those techniques employed to locate the presence of a locatable mineral deposit and to establish its nature, position, size, shape, grade, and value not associated with mining, beneficiation, processing, or marketing of minerals.
(8) The term "Indian lands" means lands held in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation.
(9) The term "Indian tribe" means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(10)(A) The term "locatable mineral" means any mineral, the legal and beneficial title to which remains in the United States and that is not subject to disposition under any of the following:
(i) The Mineral Leasing Act (30 U.S.C. 181 and following).
(ii) The Geothermal Steam Act of 1970 (30 U.S.C. 1001 and following).
(iii) The Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following).
(iv) The Mineral Leasing for Acquired Lands Act (30 U.S.C. 351 and following).
(B) The term "locatable mineral" does not include any mineral held in trust by the United States for any Indian or Indian tribe, as defined in section 2 of the Indian Mineral Development Act of 1982 (25 U.S.C. 2101), or any mineral owned by any Indian or Indian tribe, as defined in that section, that is subject to a restriction against alienation imposed by the United States.
(11) The term "millsite claim" means a claim to public land that--
(A) does not exceed 5 acres for each 20 acres of mining claim for a vein or lode or placer claim deposit with which it is associated;
(B) is nonmineral and noncontiguous to such vein or lode or placer claim deposit; and
(C) is needed by a mining claim holder for mining, milling, processing, beneficiation, or other similar operations in connection with the mining claim.
(12) The term "mineral activities" means any activity on a mining claim, millsite claim, or tunnel site claim for, related to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any locatable mineral.
(13) The term "National Conservation System unit" means any unit of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, or National Trails System, or a National Conservation Area, a National Recreation Area, a National Monument, or any unit of the National Wilderness Preservation System.
(14) The term "operator" means any person, conducting mineral activities subject to this Act or any agent of such a person.
(15) The term "person" means an individual, Indian tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, or other organization and any instrumentality of State or local government including any publicly owned utility or publicly owned corporation of State or local government.
(16) The term "processing" means processes downstream of beneficiation employed to prepare locatable mineral ore into the final marketable product, including but not limited to smelting and electrolytic refining.
(17) The term "Secretary" means the Secretary of the Interior, unless otherwise specified.
(18) The term "temporary cessation" means a halt in mine-related production activities for a continuous period of no longer than 5 years.
(1) VALID EXISTING RIGHTS- As used in title II, the term "valid existing rights" means a mining claim or millsite claim located on lands described in section 201(b), that--
(A) was properly located and maintained under this Act prior to and on the applicable date; or
(B)(i) was properly located and maintained under the general mining laws prior to the applicable date;
(ii) was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws on the applicable date, or satisfied the limitations under existing law for millsite claims; and
(iii) continues to be valid under this Act.
(2) APPLICABLE DATE- As used in paragraph (1), the term "applicable date" means one of the following:
(A) For lands described in paragraph (1) of section 201(b), the date of the recommendation referred to in paragraph (1) of that section if such recommendation is made on or after the date of the enactment of this Act.
(B) For lands described in paragraph (1) of section 201(b), if the recommendation referred to in paragraph (1) of that section is made before the date of the enactment of this Act, the earlier of--
(i) the date of the enactment of this Act; or
(ii) the date of any withdrawal of such lands from mineral activities.
(C) For lands described in paragraph (3)(B) of section 201(b), the date of the enactment of this Act.
(D) For lands described in paragraph (3)(A) or (3)(C) of section 201(b), the date of the enactment of the amendment to the Wild and Scenic Rivers Act (16 U.S.C. 1271 and following) listing the river segment for study.
(E) For lands described in paragraph (3)(B) of section 201(b), the date of the determination of eligibility of such lands for inclusion in the Wild and Scenic River System.
(F) For lands described in paragraph (4) of section 201(b), the date of the withdrawal under other law.
(c) References to Other Laws- (1) Any reference in this Act to the term general mining laws is a reference to those Acts that generally comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United States Code.
(2) Any reference in this Act to the Act of July 23, 1955, is a reference to the Act entitled "An Act to amend the Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for multiple use of the surface of the same tracts of the public lands, and for other purposes" (30 U.S.C. 601 and following).
SEC. 3. APPLICATION RULES.
(a) In General- This Act applies to any mining claim, millsite claim, or tunnel site claim located under the general mining laws, prior to, on, or after the date of enactment of this Act, except as provided in subsection (b).
(b) Preexisting Claims- (1) Any unpatented mining claim or millsite located under the general mining laws before the date of enactment of this Act for which a plan of operation has not been approved or a notice filed prior to the date of enactment shall, upon the effective date of this Act, be subject to the requirements of this Act, except as provided in paragraphs (2) and (3).
(2)(A) If a plan of operations had been approved for mineral activities on any claim or site referred to in paragraph (1) prior to the date of enactment of this Act, for a period of 5 years after the effective date of this Act mineral activities at such claim or site shall be subject to such plan of operations (or a modification or amendment thereto prepared in accordance with the provisions of law applicable prior to the enactment of this Act). During such 5-year period, modifications of, or amendments to, any such plan may be made in accordance with the provisions of law applicable prior to the enactment of this Act if such modifications or amendments are deemed minor by the Secretary concerned. After such 5-year period the requirements of title III shall apply, subject to the limitations of section 308. In order to meet the requirements of title III, the person conducting mineral activities under such plan of operations (or modified or amended plan) shall apply for a modification under section 303(f) no later than 3 years after the date of enactment of this Act. For purposes of this paragraph, any modification or amendment that extends the area covered by the plan (except for incidental boundary revisions) or that increases the risk of undue degradation of the environment shall not be subject to this paragraph and shall be subject to other provisions of this Act.
(B) During the 5-year period referred to in subparagraph (A), the provisions of section 305 (relating to financial assurance), section 503 (relating to inspection and monitoring), and section 506 (relating to enforcement) shall apply on the basis of the surface management requirements applicable to such plans of operations prior to the effective date of this Act.
(C) Where an application for modification or amendment of a plan of operations referred to in subparagraph (A) has been timely submitted and an approved plan expires prior to Secretarial action on the application, mineral activities and reclamation may continue in accordance with the terms of the expired plan until the Secretary makes an administrative decision on the application.
(c) Application of Act to Beneficiation and Processing of Non-Federal Minerals on Federal Lands- The provisions of this Act (including the environmental protection requirements of title III) shall apply in the same manner and to the same extent to mining claims, millsite claims, and tunnel site claims used for beneficiation or processing activities for any mineral without regard to whether or not the legal and beneficial title to the mineral is held by the United States. This subsection applies only to minerals that are locatable minerals or minerals that would be locatable minerals if the legal and beneficial title to such minerals were held by the United States.
TITLE I--MINERAL EXPLORATION AND DEVELOPMENT
SEC. 101. LIMITATION ON PATENTS.
(1) DETERMINATIONS REQUIRED- After the date of enactment of this Act, no patent shall be issued by the United States for any mining claim located under the general mining laws unless the Secretary determines that, for the claim concerned--
(A) a patent application was filed with the Secretary on or before September 30, 1994; and
(B) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims were fully complied with by that date, including the parameters set forth in section 2(a)(10) of this Act.
(2) RIGHT TO PATENT- If the Secretary makes the determinations referred to in subparagraphs (A) and (B) of paragraph (1) for any mining claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States.
(1) DETERMINATIONS REQUIRED- After the date of enactment of this Act, no patent shall be issued by the United States for any millsite claim located under the general mining laws unless the Secretary determines that for the millsite concerned--
(A) a patent application for such land was filed with the Secretary on or before September 30, 1994; and
(B) all requirements applicable to such patent application were fully complied with by that date.
(2) RIGHT TO PATENT- If the Secretary makes the determinations referred to in subparagraphs (A) and (B) of paragraph (1) for any millsite claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States.
SEC. 102. ROYALTY.
(a) Reservation of Royalty-
(1) IN GENERAL- Production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this Act, or mineral concentrates or products derived from locatable minerals from any such mining claim, as the case may be, shall be subject to a royalty of 8 percent of the net smelter return from such production. The claim holder and any operator to whom the claim holder has assigned the obligation to make royalty payments under the claim and any person who controls such claim holder or operator shall be jointly and severally liable for payment of such royalties.
(2) DEPOSIT- Of the amounts received by the United States as royalties under this subsection--
(A) 2/3 shall be deposited into the account established under section 401; and
(B) 1/3 shall be deposited into the account established under section 421.
(b) Duties of Claim Holders, Operators, and Transporters- (1) A person--
(A) who is required to make any royalty payment under this section shall make such payments to the United States at such times and in such manner as the Secretary may by rule prescribe; and
(B) shall notify the Secretary, in the time and manner as may be specified by the Secretary, of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim.
(2) Any person paying royalties under this section shall file a written instrument, together with the first royalty payment, affirming that such person is liable to the Secretary for making proper payments for all amounts due for all time periods for which such person has a payment responsibility. Such liability for the period referred to in the preceding sentence shall include any and all additional amounts billed by the Secretary and determined to be due by final agency or judicial action. Any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the claim for the period.
(3) A person conducting mineral activities shall--
(A) develop and comply with the site security provisions in operations permit designed to protect from theft the locatable minerals, concentrates or products derived therefrom which are produced or stored on a mining claim, and such provisions shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances on mining claims; and
(B) not later than the 5th business day after production begins anywhere on a mining claim, or production resumes after more than 90 days after production was suspended, notify the Secretary, in the manner prescribed by the Secretary, of the date on which such production has begun or resumed.
(4) The Secretary may by rule require any person engaged in transporting a locatable mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the locatable mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate.
(c) Recordkeeping and Reporting Requirements- (1) A claim holder, operator, or other person directly involved in developing, producing, processing, transporting, purchasing, or selling locatable minerals, concentrates, or products derived therefrom, subject to this Act, through the point of royalty computation shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section. Such records shall include, but not be limited to, periodic reports, records, documents, and other data. Such reports may also include, but not be limited to, pertinent technical and financial data relating to the quantity, quality, composition volume, weight, and assay of all minerals extracted from the mining claim. Upon the request of any officer or employee duly designated by the Secretary or any State conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information that may be required by this section shall be made available for inspection and duplication by such officer or employee or State. Failure by a claim holder, operator, or other person referred to in the first sentence to cooperate with such an audit, provide data required by the Secretary, or grant access to information may, at the discretion of the Secretary, result in involuntary forfeiture of the claim.
(2) Records required by the Secretary under this section shall be maintained for 10 years after release of financial assurance under section 305 unless the Secretary notifies the operator that the Secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records.
(d) Audits- The Secretary is authorized to conduct such audits of all claim holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sales of minerals covered by this Act, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person.
(e) Cooperative Agreements- (1) The Secretary is authorized to enter into cooperative agreements with the Secretary of Agriculture to share information concerning the royalty management of locatable minerals, concentrates, or products derived therefrom, to carry out inspection, auditing, investigation, or enforcement (not including the collection of royalties, civil or criminal penalties, or other payments) activities under this section in cooperation with the Secretary, and to carry out any other activity described in this section.
(2) Except as provided in paragraph (3)(A) of this subsection (relating to trade secrets), and pursuant to a cooperative agreement, the Secretary of Agriculture shall, upon request, have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of locatable minerals, concentrates, or products derived therefrom from claims on lands open to location under this Act.
(3) Trade secrets, proprietary, and other confidential information protected from disclosure under section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, shall be made available by the Secretary to other Federal agencies as necessary to assure compliance with this Act and other Federal laws. The Secretary, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and other Federal officials shall ensure that such information is provided protection in accordance with the requirements of that section.
(f) Interest and Substantial Underreporting Assessments- (1) In the case of mining claims where royalty payments are not received by the Secretary on the date that such payments are due, the Secretary shall charge interest on such underpayments at the same interest rate as the rate applicable under section 6621(a)(2) of the Internal Revenue Code of 1986. In the case of an underpayment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount.
(2) If there is any underreporting of royalty owed on production from a claim for any production month by any person liable for royalty payments under this section, the Secretary shall assess a penalty of not greater than 25 percent of the amount of that underreporting.
(3) For the purposes of this subsection, the term "underreporting" means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production which was reported, if the value that should have been reported is greater than the value that was reported. An underreporting constitutes a "substantial underreporting" if such difference exceeds 10 percent of the royalty on the value of production that should have been reported.
(4) The Secretary may waive or reduce the assessment provided in paragraph (2) of this subsection if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of the enactment of this section, whichever is later.
(5) The Secretary shall waive any portion of an assessment under paragraph (2) of this subsection attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that--
(A) such person had written authorization from the Secretary to report royalty on the value of the production on basis on which it was reported,
(B) such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported,
(C) such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting, or
(D) such person meets any other exception which the Secretary may, by rule, establish.
(6) All penalties collected under this subsection shall be deposited in the Abandoned Locatable Minerals Mine Reclamation Fund established under title IV.
(g) Delegation- For the purposes of this section, the term "Secretary" means the Secretary of the Interior acting through the Director of the Minerals Management Service.
(h) Expanded Royalty Obligations- Each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all locatable minerals, concentrates, or products derived therefrom lost or wasted from a mining claim located under the general mining laws and maintained in compliance with this Act when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule, regulation, or order issued under this section.
(i) Net Smelter Return Defined- For the purposes of this section, for any locatable mineral, the term "net smelter return" has the same meaning as the term "gross income" in section 613(c)(1) of the Internal Revenue Code of 1986.
(j) Effective Date- The royalty under this section shall take effect with respect to the production of locatable minerals after the enactment of this Act, but any royalty payments attributable to production during the first 12 calendar months after the enactment of this Act shall be payable at the expiration of such 12-month period.
(k) Failure To Comply With Royalty Requirements- Any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719) to the same extent as if the claim located under the general mining laws and maintained in compliance with this Act were a lease under that Act.
TITLE II--PROTECTION OF SPECIAL PLACES
SEC. 201. LANDS OPEN TO LOCATION.
(a) Lands Open to Location- Except as provided in subsection (b), mining claims may be located under the general mining laws on--
(1) such lands and interests as were open to the location of mining claims under the general mining laws immediately before the enactment of this Act; or
(2) such lands and interests as are opened to the location of mining claims on or after the date of enactment of this Act by reason of any administrative action or statute.
(b) Lands Not Open to Location- Notwithstanding any other provision of law and subject to valid existing rights, each of the following shall not be open to the location of mining claims under the general mining laws on or after the date of enactment of this Act:
(1) Lands recommended for wilderness designation by the agency managing the surface, pending a final determination by the Congress of the status of such recommended lands, or otherwise being managed as roadless areas under an applicable land use plan.
(2) Lands being managed by the Secretary, acting through Bureau of Land Management, as wilderness study areas or National Monuments on the date of enactment of this Act except where the location of mining claims is specifically allowed to continue by the statute designating the study area, pending a final determination by the Congress of the status of such lands.
(A) in designated Wild and Scenic Rivers and under study for inclusion in the National Wild and Scenic River System pursuant to section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), pending a final determination by the Congress of the status of such lands;
(B) determined by a Federal agency under section 5(d) of such Act (16 U.S.C. 1276(d)) to be eligible for inclusion in such system, pending a final determination by the Congress of the status of such lands; or
(C) designated Wild and Scenic Rivers that have been withdrawn from mineral entry by action of the Secretary of the Interior.
(4) Lands withdrawn or segregated from mineral entry under authority of other law.
(5) Lands designated as Areas of Critical Environmental Concern.
(6) Lands identified as "sacred sites" in accordance with Executive Order 13007.
(7) Lands identified in the Roadless Area Conservation Rule of January 2001.
TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND DEVELOPMENT
SEC. 301. ENVIRONMENTAL PROTECTION STANDARDS.
Notwithstanding section 302(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the Act of June 4, 1897 (chapter 2; 30 Stat. 36 16 U.S.C. 478), and the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and in accordance with this title and applicable law, the Secretary--
(1) shall require that mineral activities on mining claims, millsite claims, or tunnel site claims conducted by any person shall protect the environment, public health, and public safety from undue degradation; and
(2) shall assure that mineral activities on mining claims, millsite claims, or tunnel site claims are conducted in a manner that recognizes the value of such lands for other uses, including but not limited to recreation, wildlife habitat, and water supply.
SEC. 302. PERMITS.
(a) Permits Required- No person may engage in mineral activities on lands on which mining claims may be located under section 201 that may cause a disturbance of surface resources, including but not limited to land, air, ground water and surface water, and fish and wildlife, unless--
(1) the claim was properly located under the general mining laws and maintained in compliance with such laws and this Act; and
(2) a permit was issued to such person under this title authorizing such activities.
(b) Negligible Disturbance- Notwithstanding subsection (a)(2), a permit under this title shall not be required for mineral activities that are a casual use of the public lands, including the collection of geochemical, rock, soil, or mineral specimens using hand tools; and hand panning. Casual use does not include--
(1) the use of mechanized earth moving equipment, suction dredging, or explosives;
(2) the use of motor vehicles in areas closed to off-road vehicles; and
(3) the construction of roads, drill pads, or the use of toxic or hazardous materials.
SEC. 303. OPERATIONS PERMIT.
(a) Operations Permit- Any claim holder that is in compliance with the general mining laws and section 10101 of Public Law 103-66 (30 U.S.C. 28f) may apply to the Secretary, or for National Forest System lands, the Secretary of Agriculture, for an operations permit authorizing the claim holder to carry out mineral activities on any mining claim, millsite claim, or tunnel site claim for any activity greater than casual use (as that term is used in section 302(b)). If the Secretary decides to issue such permit, the permit shall include such terms and conditions as prescribed by such Secretary to carry out this title.
(b) Permit Application Requirements- An application for an operations permit under this section shall be submitted in a manner satisfactory to the Secretary concerned and shall contain site characterization data, an operations plan, a reclamation plan, monitoring plans, long-term maintenance plans, to the extent necessary, and such documentation as necessary to ensure compliance with applicable Federal and State environmental laws and regulations. If the proposed mineral activities will be carried out in conjunction with mineral activities on adjacent non-Federal lands, information on the location and nature of such operations may be required by the Secretary. At a minimum, each of the following shall be required for all applications:
(1) An identification of the mining claims that will be subject to the plan of operations.
(2) The name, mailing address, and social security number or tax identification number, as applicable, of each of the following:
(A) The applicant for the permit and any agent of the applicant.
(B) The operator (if different than the applicant) of the claim concerned.
(C) Each claim holder (if different than the applicant) of the claim concerned.
(D) Each affiliate and each officer or director of the applicant and of the operator.
(3) A statement of whether the applicant or operator, or any subsidiary, affiliate, or person controlled by or under common control with the applicant or operator, is currently in violation of, or was, during the 5-year period preceding the date of application, found to be in violation of any of the following and if so, a brief explanation of the facts involved, including identification of the site and the nature of the violation:
(A) Any provision of this Act or any regulation under this Act.
(B) Any applicable Federal or State toxic substance, solid waste, air, water quality, reclamation, or fish and wildlife conservation law or regulation at any site where mining, beneficiation, or processing activities are occurring or have occurred.
(C) The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 and following) or the Mineral Leasing Act (30 U.S.C. 181 and following) or any regulation under those Acts at any site where mining operations have occurred or are occurring.
(4) A statement of whether the applicant or operator, and any subsidiary, affiliate, or person controlled by or under common control with the applicant or operator, has ever held a Federal or State mining permit that has been suspended or revoked or has had a mining bond or similar security deposited in lieu of bond forfeited and, if so, a brief explanation of the facts involved.
(5) A statement of any current or previous permits or plans of operations issued under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 and following) or the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 and following).
(6) A description of the type and method of mineral activities proposed, the engineering techniques proposed to be used, and the equipment proposed to be used.
(7) The anticipated starting and termination dates of each phase of the mineral activities proposed, including any planned temporary cessation of operations.
(8) Accurate maps, to an appropriate scale, clearly showing the lands, watersheds, and surface waters, to be affected by the proposed mineral activities; surface and mineral ownership; facilities, including roads and other man-made structures; proposed disturbances; soils and vegetation; topography; and water supply intakes and surface water bodies.
(9) A description of the biological resources in or associated with the area subject to or potentially impacted by planned mineral activities, including vegetation, fish and wildlife, and riparian and wetland habitats.
(10) A description of measures planned to exclude fish and wildlife resources from the area subject to mineral activities by covering, containment, or fencing of open waters, beneficiation, and processing materials; or maintenance of all facilities in a condition that is not harmful to fish and wildlife.
(11) A description of the quantity and quality of surface and ground water resources in or associated with the area subject to mineral activities, based on predisturbance monitoring sufficient to establish seasonal variations.
(12) An analysis of the potential hydrologic consequences of the mineral activities, both on and off the area subject to mineral activities, with respect to the hydrologic regime, quantity and quality of water in surface and ground water systems including the dissolved and suspended solids under seasonal flow conditions, and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the Secretary regarding the possible cumulative impacts of the anticipated mineral activities in the area upon the hydrology of the area and particularly upon water availability and quality. To the extent that this analysis relies on hydrologic or other modeling, the models used shall be approved by the Secretary for application at the site. Such a model may not be approved if it is considered proprietary and therefore unavailable for public review. In describing the potential impacts of mineral activities, the applicant shall include information on the range of predicted impacts, the key factors in any sensitivity analyses undertaken, and the probabilities of various outcomes, to the extent such information is available.
(13) A description of the monitoring and reporting systems to be used to detect and determine whether compliance has and is occurring consistent with the environmental protection requirements and with predicted outcomes, including the type and location of monitoring devices, sampling parameters and frequency, detection limits, analytical methods, reporting procedures, and procedures to respond to reporting results, that will monitor the effects of mineral activities on the site and surrounding environment, including but not limited to, ground water, surface water, wetlands, air, soils, and fish and wildlife resources.
(14) Accident contingency plans that include, but are not limited to, immediate response strategies and corrective measures to protect public safety and prevent adverse environmental impacts, and appropriate insurance to cover accident contingencies.
(15) Any measures to comply with any conditions on minerals activities that are required in the applicable land use plan.
(16) Information determined necessary by the Secretary to assess the cumulative impacts of mineral activities, as required to comply with the National Environmental Policy Act of 1969, if impacts of the proposed mineral activities are additions to the impacts associated with other mineral activities.
(17) Such other environmental baseline data as the Secretaries, by joint regulation, shall require sufficient to validate the determinations required for issuance of a permit under this Act.
(18) Evidence of appropriate financial assurance as specified in section 305.
(19) A description of the site security provisions designed to protect from theft the locatable minerals, concentrates, or products derived therefrom that will be produced or stored on a mining claim.
(20) A full characterization of soils and geology in the area to be affected by mineral activities.
(21) A copy of the applicant"s advertisement to be published as required by subsection (k).
(c) Operation and Reclamation Plans Application Requirements- The operation and reclamation plans referred to in subsection (b) shall include such reclamation measures as prescribed by the Secretary, or for National Forest System lands the Secretary of Agriculture, and each of the following:
(1) A description of the condition of the land, including the fish and wildlife resources and habitat contained thereon, subject to the permit prior to the commencement of any mineral activities.
(2) A discussion of the applicable land use plan and how the proposed reclamation activities will render the post-mining and reclamation condition of the land and resources consistent with that plan.
(3) A description of operation and reclamation measures proposed pursuant to the requirements of section 306.
(4) The engineering techniques to be used in operation and reclamation and the equipment proposed to be used.
(5) The anticipated starting and termination dates of each phase of the reclamation proposed.
(6) A description of the proposed condition of the land, including the fish and wildlife resources and habitat contained thereon, following the completion of reclamation.
(7) A description of the maintenance measures that will be necessary to meet the environmental protection requirements of this Act, including but not limited to, drainage, water treatment facilities, or liner maintenance and control. This description shall include an estimate of the costs of operating and maintaining such facilities for the length of time such facilities will be required.
(d) Permit Issuance or Denial- (1) After providing notice and opportunity for public comment and hearing pursuant to subsection (k), the Secretary, or for National Forest System lands the Secretary of Agriculture, shall issue an operations permit if such Secretary makes each of the following determinations in writing, and shall deny a permit if such Secretary finds that the application and applicant do not fully meet the following requirements:
(A) The permit application, including the site characterization data, operations plan, and reclamation plan, are complete and accurate and sufficient for developing a good understanding of the anticipated impacts of the mineral activities and the effectiveness of proposed mitigation and control.
(B) The applicant has demonstrated that the proposed reclamation in the operation and reclamation plan can be and is likely to be accomplished by the applicant consistent with the goals of the environmental protection standard under section 301.
(C) The condition of the land, including the fish and wildlife resources and habitat contained thereon, after the completion of mineral activities and final reclamation, will conform to the land use plan applicable to the area subject to mineral activities and are returned to a productive use.
(D) The area subject to the proposed plan is open to location for the types of mineral activities proposed.
(E) The applicant has obtained the necessary Federal, State, and local permits to demonstrate that the mineral activities will be in compliance with this Act and all other applicable Federal requirements, and any applicable State requirements agreed to by the appropriate Secretary pursuant to cooperative agreements under section 307 and local land use and zoning requirements.
(F) The assessment of the probable cumulative impact of all anticipated mining in the area on the hydrologic balance specified in subsections (b)(11) and (b)(12) demonstrates that impacts to human health, water resources, wildlife habitat, and other natural resources will not cause undue degradation, and the proposed operation has been designed and will operate to minimize disturbances to the prevailing hydrologic balance of the permit area.
(G) The applicant has fully complied with the requirements of section 305 (relating to financial assurance).
(H) The Secretary has determined that there will be no undue degradation of natural or cultural resources.
(I) Neither the applicant nor operator, nor any subsidiary, affiliate, or person controlled by or under common control with the applicant or operator, is ineligible to receive a permit under section 304.
(J) The reclamation plan demonstrates that 10 years following mine closure, no treatment of surface or ground water for carcinogens or toxins will be required to meet water quality standards at the point of discharge.
(2) Issuance of an operations permit under this section shall be based on information supplied by the applicant or other interested parties and the applicant shall have the burden of establishing that the application meets the environmental standard established in section 301.
(3) With respect to any activities specified in the reclamation plan referred to in subsection (b) that constitutes a removal or remedial action under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 and following), the Secretary shall consult with the Administrator of the Environmental Protection Agency prior to the issuance of an operations permit. The Administrator shall ensure that the reclamation plan does not require activities which would increase the costs or likelihood of removal or remedial actions under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) or corrective actions under the Solid Waste Disposal Act (42 U.S.C. 6901 and following).
(e) Term of Permit; Renewal-
(1) An operations permit shall be for a stated term. The term shall be no longer than that necessary to accomplish the proposed mineral activities subject to the permit, and in no case for more than 10 years.
(2) Failure by the operator to commence mineral activities within 2 years of the date scheduled in an operations permit shall require a modification of the permit if the Secretary concerned determines that modifications are necessary to comply with section 201.
(3) An operations permit shall carry with it the right of successive renewal upon expiration only with respect to operations on areas within the boundaries of the existing permit as issued. A renewal of such permit shall not be issued if such Secretary determines, in writing, any of the following:
(A) The terms and conditions of the existing permit are not being met.
(B) The operator has not demonstrated that the financial assurance would continue to apply in full force and effect for the renewal term.
(C) Any additional revised or updated information required by the Secretary concerned has not been provided.
(D) The applicant has not demonstrated that the mineral activities will be in compliance with the requirements of this Act, all other applicable Federal requirements, and any State requirements agreed to by the Secretary concerned pursuant to cooperative agreements under section 307.
(4) A renewal of an operations permit shall be for a term of 10 years or for such shorter term as the Secretary concerned deems appropriate. Application for renewal shall be made at least 18 months prior to the expiration of the existing permit. If a renewal application has been timely submitted and a permit expires prior to Secretarial action on the renewal application, reclamation shall and other mineral activities may continue in accordance with the terms of the expired permit until the Secretary concerned makes a decision on the renewal application but in no case longer than 2 years.
(1) During the term of an operations permit the operator may submit an application to modify the permit (including the operations plan or reclamation plan, or both). To approve a proposed modification, the Secretary, or for National Forest System lands the Secretary of Agriculture, shall make the same determinations as are required in the case of an original operations permit, except that the Secretaries may establish joint rules regarding the extent to which requirements for original permits under this section shall apply to applications to modify a permit based on whether such modifications are deemed significant or minor.
(2) The Secretary, or for National Forest System lands the Secretary of Agriculture, may, at any time, require reasonable modification to any operations plan or reclamation plan upon a determination that the requirements of this Act cannot be met if the plan is followed as approved. Such determination shall be based on a written finding and subject to public notice and hearing requirements established by the Secretary concerned.
(3) A permit modification is required before changes are made to the approved plan of operations, or if unanticipated events or conditions exist on the mine site, including in the case of--
(A) development of acid or toxic drainage;
(B) loss of springs or water supplies;
(C) water quantity, water quality, or other resulting water impacts that are significantly different than those predicted in the application;
(D) the need for long-term water treatment;
(E) significant reclamation difficulties or reclamation failure;
(F) the discovery of significant scientific, cultural, or biological resources that were not addressed in the original plan; or
(G) the discovery of hazards to public safety.
(g) Temporary Cessation of Operations- (1) An operator conducting mineral activities under an operations permit in effect under this title may not temporarily cease mineral activities for a period greater than 180 days unless the Secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original permit. Any operator temporarily ceasing mineral activities for a period greater than 90 days under an operations permit issued before the date of the enactment of this Act shall submit, before the expiration of such 90-day period, a complete application for temporary cessation of operations to the Secretary concerned for approval unless the temporary cessation is permitted under the original permit.
(2) An application for approval of temporary cessation of operations shall include such information required under subsection (b) and any other provisions prescribed by the Secretary concerned to minimize impacts on the environment. After receipt of a complete application for temporary cessation of operations such Secretary shall conduct an inspection of the area for which temporary cessation of operations has been requested.
(3) To approve an application for temporary cessation of operations, the Secretary concerned shall make each of the following determinations:
(A) A determination that the methods for securing surface facilities and restricting access to the permit area, or relevant portions thereof, will effectively ensure against hazards to the health and safety of the public and fish and wildlife.
(B) A determination that reclamation is in compliance with the approved reclamation plan, except in those areas specifically designated in the application for temporary cessation of operations for which a delay in meeting such standards is necessary to facilitate the resumption of operations.
(C) A determination that the amount of financial assurance filed with the permit application is sufficient to assure completion of the reclamation activities identified in the approved reclamation plan in the event of forfeiture.
(D) A determination that any outstanding notices of violation and cessation orders incurred in connection with the plan for which temporary cessation is being requested are either stayed pursuant to an administrative or judicial appeal proceeding or are in the process of being abated to the satisfaction of the Secretary concerned.
(h) Permit Reviews- The Secretary, or for National Forest System lands the Secretary of Agriculture, shall review each permit issued under this section every 3 years during the term of such permit, shall provide public notice of the permit review, and, based upon a written finding, such Secretary shall require the operator to take such actions as the Secretary deems necessary to assure that mineral activities conform to the permit, including adjustment of financial assurance requirements.
(i) Fees- Each application for a permit pursuant to this section shall be accompanied by a fee payable to the Secretary or for the National Forest System, the Secretary of Agriculture, in such amount as may be established by such Secretary, or for National Forest System lands by the Secretary of Agriculture. Such amount shall be equal to the actual or anticipated cost to the Secretary, or for National Forest System lands the Secretary of Agriculture, of reviewing, administering, and enforcing such permit, as determined by such Secretary. All moneys received under this subsection shall be deposited in the Abandoned Locatable Minerals Mine Reclamation Fund established under title IV.
(j) Transfer, Assignment, or Sale of Rights- (1) No transfer, assignment, or sale of rights granted by a permit under this section shall be made without the prior written approval of the Secretary, or for National Forest System lands the Secretary of Agriculture.
(2) The Secretary, or for National Forest System lands, the Secretary of Agriculture, may allow a person holding a permit to transfer, assign, or sell rights under the permit to a successor, if such Secretary finds, in writing, that the successor--
(A) has submitted information required and is eligible to receive a permit in accordance with section 304;
(B) has submitted evidence of financial assurance satisfactory under section 305; and
(C) meets any other requirements specified by such Secretary.
(3) The successor in interest shall assume the liability and reclamation responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this Act, and the terms and conditions of the permit as in effect at the time of transfer, assignment, or sale.
(4) Each application for approval of a permit transfer, assignment, or sale pursuant to this subsection shall be accompanied by a fee payable to the Secretary of the Interior, or for National Forest System lands, the Secretary of Agriculture, in such amount as may be established by such Secretary, or for National Forest System lands, by the Secretary of Agriculture. Such amount shall be equal to the actual or anticipated cost to the Secretary or, for National Forest System lands, to the Secretary of Agriculture, of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by such Secretary. All moneys received under this subsection shall be deposited in the Abandoned Locatable Minerals Mine Reclamation Fund established under title IV.
(k) Public Participation- (1) Concurrent with submittal of an application for a permit under this section or a renewal or significant modification thereof, the applicant shall publish a notice in a newspaper of local circulation at least once a week for 4 consecutive weeks. In addition, the Secretary shall place a notice of the receipt of the application in the Federal Register. Such notices by the applicant and the Secretary shall include the name of the applicant, the location of the proposed mineral activities, the type and expected duration of the proposed mineral activities, the proposed use of the land after the completion of mineral activities, and identification of a location where such plans are publicly available. The notice by the Secretary shall provide contact names and information for members of the public wishing to obtain further information, and shall specifically allow for commenters to request a public hearing. The applicant shall also notify in writing other Federal, State, and local government agencies and Indian tribes that regulate mineral activities or land planning decisions in the area subject to mineral activities or that manage lands adjacent to the area subject to mineral activities. The applicant shall provide proof of such notification to the Secretary, or for National Forest System lands, the Secretary of Agriculture.
(2) The applicant for a permit under this section shall make paper and digital copies of the complete permit application, permit modifications, or permit renewals available for public review at the office of the responsible Federal agency located nearest to the location of the proposed mineral activities, on the appropriate Internet Websites of the appropriate Federal agencies and at such other readily accessible public locations deemed appropriate by the State or local government for the county in which the proposed mineral activities will occur prior to final decision by the Secretary, or for National Forest System lands, the Secretary of Agriculture. Any person, and the authorized representative of a Federal, State, or local governmental agency or Indian tribe, shall have the right to file written comments relating to the approval or disapproval of the permit application for a period of at least 45 days after the last day of newspaper publication. Such comment period may be extended by the Secretary for an additional 90-day period and shall be extended for a period no less than 30 days following a public hearing carried out in accordance with subsection (3). The Secretary concerned shall also create a public docket of all materials related to the application and all comments received.
(3) Any person may file written comments during the comment period specified in paragraph (2) and any person who is, or may be, adversely affected by the proposed mineral activities may request a nonadjudicatory public hearing to be held in the county in which the mineral activities are proposed. The Secretary concerned shall consider all written comments filed during such comment period. If a hearing is requested by any person who is, or may be, adversely affected by the proposed mineral activities, the Secretary concerned shall consider such request and may conduct such hearing. The Secretary shall grant such request and whenever the Secretary determines that there is significant public interest. When a hearing is to be held, the Secretary shall notify all those who have provided comments regarding the permit and notice of such hearing shall be published in a newspaper of local circulation at least once a week for 2 weeks prior to the hearing date.
(4) The public participation requirements in this section shall apply to permit modifications that are considered more than minor under subsection (f).
SEC. 304. PERSONS INELIGIBLE FOR PERMITS.
(a) Current Violations- Unless corrective action has been taken in accordance with subsection (c), no permit under this title shall be issued or transferred to an applicant if the applicant or any agent of the applicant, the operator (if different than the applicant) of the claim concerned, any claim holder (if different than the applicant) of the claim concerned, or any affiliate or officer or director of the applicant is currently in violation of any of the following:
(1) A provision of this Act or any regulation under this Act.
(2) An applicable State or Federal toxic substance, solid waste, air, water quality, or fish and wildlife conservation law or regulation at any site where mining, beneficiation, or processing activities are occurring or have occurred.
(3) The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 and following) or any regulation implementing that Act at any site where surface coal mining operations have occurred or are occurring.
(b) Suspension- The Secretary, or for National Forest System lands the Secretary of Agriculture, shall suspend an operations permit, in whole or in part, if such Secretary determines that any of the entities described in subsection (a) were in violation of any requirement listed in subsection (a) at the time the permit was issued.
(c) Correction- (1) The Secretary, or for National Forest System lands the Secretary of Agriculture, may issue or reinstate a permit under this title if the applicant submits proof that the violation referred to in subsection (a) or (b) has been corrected or is in the process of being corrected to the satisfaction of such Secretary and the regulatory authority involved or if the applicant submits proof that the violator has filed and is presently pursuing, a direct administrative or judicial appeal to contest the existence of the violation. For purposes of this section, an appeal of any applicant"s relationship to an affiliate shall not constitute a direct administrative or judicial appeal to contest the existence of the violation.
(2) Any permit which is issued or reinstated based upon proof submitted under this subsection shall be conditionally approved or conditionally reinstated, as the case may be. If the violation is not successfully abated or the violation is upheld on appeal, the permit shall be suspended or revoked.
(d) Pattern of Willful Violations- No permit under this Act may be issued to any applicant if there is a demonstrated pattern of willful violations of the environmental protection requirements of this Act by the applicant, any affiliate of the applicant, or the operator or claim holder if different than the applicant.
SEC. 305. FINANCIAL ASSURANCE.
(a) Financial Assurance Required- (1) Before any permit is issued under this title, the operator shall file with the Secretary, or for National Forest System lands the Secretary of Agriculture, evidence of financial assurance payable to the United States on a form prescribed and furnished by such Secretary and conditional upon faithful performance of such permit and all other requirements of this Act. The financial assurance shall be provided in the form of a surety bond, trust fund, letters of credits, government securities, certificates of deposit, cash or equivalent.
(2) The financial assurance shall cover all lands within the initial permit area and all affected waters that may require restoration, treatment, or other management as a result of mineral activities, and shall be extended to cover all lands and waters added pursuant to any permit modification made under section 303(f) (relating to operations permits), or affected by mineral activities.
(b) Amount- The amount of the financial assurance required under this section shall be sufficient to assure the completion of reclamation and restoration satisfying the requirements of this Act if the work were to be performed by the Secretary concerned in the event of forfeiture, including the construction and maintenance costs for any treatment facilities necessary to meet Federal and State environmental requirements. The calculation of such amount shall take into account the maximum level of financial exposure which shall arise during the mineral activity and administrative costs associated with a government agency reclaiming the site.
(c) Duration- The financial assurance required under this section shall be held for the duration of the mineral activities and for an additional period to cover the operator"s responsibility for reclamation, restoration, and long-term maintenance as specified under section 306(b)(6)(B), and effluent treatment as specified in subsection (g).
(d) Adjustments- The amount of the financial assurance and the terms of the acceptance of the assurance may be adjusted by the Secretary concerned from time to time as the area requiring coverage is increased or decreased, or where the costs of reclamation or treatment change, or pursuant to section 303(h) (relating to operations permits), but the financial assurance shall otherwise be in compliance with this section. The Secretary concerned shall review the financial guarantee as part of the permit review under section 303(h).
(e) Release- Upon request, and after notice and opportunity for public comment, and after inspection by the Secretary, or for National Forest System lands, the Secretary of Agriculture, such Secretary may, after consultation with the Administrator of the Environmental Protection Agency, release in whole or in part the financial assurance required under this section if the Secretary makes both of the following determinations:
(1) A determination that reclamation or restoration covered by the financial assurance has been accomplished as required by this Act.
(2) A determination that the terms and conditions of any other applicable Federal requirements, and State requirements applicable pursuant to cooperative agreements under section 307, have been fulfilled.
(f) Release Schedule- The release referred to in subsection (e) shall be according to the following schedule:
(1) After the operator has completed any required backfilling, regrading, and drainage control of an area subject to mineral activities and covered by the financial assurance, and has commenced revegetation on the regraded areas subject to mineral activities in accordance with the approved plan, that portion of the total financial assurance secured for the area subject to mineral activities attributable to the completed activities may be released except that sufficient assurance must be retained to address other required reclamation and restoration needs and to assure the long-term success of the revegetation.
(2) After the operator has completed successfully all remaining mineral activities and reclamation activities and all requirements of the operations plan and the reclamation plan (including the provisions of section 306(b)(6)(B) relating to revegetation, restoration, and effluent treatment required by subsection (g)), and all other requirements of this Act have been fully met, the remaining portion of the financial assurance may be released.
During the period following release of the financial assurance as specified in paragraph (1), until the remaining portion of the financial assurance is released as provided in paragraph (2), the operator shall be required to comply with the permit issued under this title.
(g) Effluent- Notwithstanding section 306(b)(4), where any discharge or other water-related condition resulting from the mineral activities requires treatment in order to meet the applicable effluent limitations and water quality standards, the financial assurance shall include the estimated cost of maintaining such treatment for the projected period that will be needed after the cessation of mineral activities. The portion of the financial assurance attributable to such estimated cost of treatment shall not be released until the discharge has ceased for a period of 5 years, as determined by ongoing monitoring and testing, or, if the discharge continues, until the operator has met all applicable effluent limitations and water quality standards for 5 full years without treatment.
(h) Environmental Hazards- If the Secretary, or for National Forest System lands, the Secretary of Agriculture, determines, after final release of financial assurance, that an environmental hazard resulting from the mineral activities exists, or the terms and conditions of the operations permit of this Act were not fulfilled in fact at the time of release, such Secretary shall issue an order under section 506 requiring the claim holder or operator (or any person who controls the claim holder or operator) to correct the condition such that applicable laws and regulations and any conditions from the plan of operations are met.
SEC. 306. OPERATION AND RECLAMATION.
(a) General Rule- (1) Except as provided under paragraphs (5) and (7) of subsection (b), the operator shall restore lands subject to mineral activities carried out under a permit issued under this title to a condition capable of supporting--
(A) the uses which such lands were capable of supporting prior to surface disturbance by the operator, or
(B) other beneficial uses which conform to applicable land use plans as determined by the Secretary, or for National Forest System lands, the Secretary of Agriculture.
(2) Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities. In the case of a cessation of mineral activities beyond that provided for as a temporary cessation under this Act, reclamation activities shall begin immediately.
(b) Operation and Reclamation Standards- Mineral activities shall be conducted in accordance with the following standards, and any additional standards the Secretaries may jointly promulgate under section 301 and subsection (a) of this section to address specific environmental impacts of selected methods of mining and to assure that the direct and indirect impacts of mining are consistent with applicable land use plans:
(1) SOILS- (A) Soils, including top soils and subsoils removed from lands subject to mineral activities, shall be segregated from waste material and protected to minimize erosion and sustain revegetation when reclamation begins. If such soil is not replaced on a backfill area within a time-frame short enough to avoid deterioration of the topsoil, vegetative cover or other means shall be used so that the soil is preserved from wind and water erosion, remains free of contamination by acid or other toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation.
(B) In the event the topsoil from lands subject to mineral activities is of insufficient quantity or of inferior quality for sustaining vegetation, and other suitable growth media removed from the lands subject to the mineral activities are available that shall support vegetation, the best available growth medium shall be removed, segregated and preserved in a like manner as under subparagraph (A) for sustaining vegetation when restored during reclamation.
(C) In the event the soil (other than topsoil) from lands subject to mineral activities is of insufficient quantity or of inferior quality for sustaining vegetation, and other suitable growth media removed from the lands subject to the mineral activities are available that support revegetation, these substitute materials shall be removed, segregated, or preserved in a like manner as under subparagraph (A) for later use in reclamation.
(D) Mineral activities shall be conducted to prevent contamination of soils to the extent possible using the best technology currently available. If contamination occurs, the operator shall decontaminate or dispose of any contaminated soils which have resulted from the mineral activities.
(2) STABILIZATION- All surface areas subject to mineral activities, including segregated soils or other growth medium, waste material piles, ore piles, subgrade ore piles, and open or partially backfilled mine pits that meet the requirements of paragraph (5), shall be engineered to a stable condition to prevent hazards and to effectively control fugitive dust and erosion and otherwise comply with toxic substance, solid waste, air and water pollution control laws and other environmental laws.
(3) SEDIMENTS, EROSION, AND DRAINAGE- Facilities such as, but not limited to basins, ditches, stream bank stabilization, diversions or other measures, shall be designed, constructed and maintained where necessary to control sediments, prevent erosion, and manage drainage of the area subject to mineral activities.
(4) HYDROLOGIC BALANCE- (A) Mineral activities shall be conducted to minimize disturbances to the prevailing hydrologic balance of the permit area and surrounding hydrologic basins affected by mining activities existing prior to the mineral activities in the permit area and in the surrounding watershed, as established by the baseline information provided pursuant to section 303(b)(10) (relating to operations permits). Hydrologic balance includes the quality and quantity of ground water and surface water and their interrelationships, including recharge and discharge rates. In all cases, the operator shall comply with Federal and State laws related to the quality and quantity of such waters, and mineral activities shall not cause or contribute to violations of water quality standards in affected waters.
(B) Mineral activities shall be conducted to prevent to the fullest extent possible the formation of acidic, toxic, or other contaminated water. Where the formation of acidic, toxic, or other contaminated water occurs, mineral activities shall be conducted so as to minimize the formation of acidic, toxic, or other contaminated water and to control the spread of any such contamination.
(C) Mineral activities shall prevent any damage off-site from contamination of surface and ground water with acid or other toxic mine pollutants and shall prevent or remove water from contact with acid or toxic producing deposits.
(D) Reclamation shall restore approximate hydrologic balance existing prior to the mineral activities before the applicable water quality permit issued under State or Federal law expires or is subject to renewal.
(E) Where the quality or quantity of surface water or ground water used for domestic, municipal, agricultural, or industrial purposes is adversely impacted by mineral activities, such water shall be treated, or replaced with the same quantity and approximate quality of water, comparable to premining conditions as established in paragraph (11) of section 303(b) (relating to operations permits).
(5) SURFACE RESTORATION- (A) The surface area disturbed by mineral activities shall be shaped, graded, and contoured to its natural topography. Backfilling of an open pit mine shall be required if it is determined by the Secretary to be the most appropriate means of controlling long-term adverse impacts on public health or the environment.
(B) In instances where complete backfilling of an open pit is not required, the pit shall be graded to blend with the surrounding topography as much as practicable to minimize disturbance to the hydrologic balance, and revegetated in accordance with paragraph (6), and the water quality in the pit and other water impoundments and wells adjacent or hydrologically connected by groundwater shall comply with applicable Federal, State, and, where appropriate, local government water quality standards.
(6) VEGETATION- (A) The area subject to mineral activities shall be vegetated in order to establish a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area subject to mineral activities, capable of self-regeneration and plant succession and at least equal in extent of cover to the natural revegetation of the surrounding area, except that introduced species may be used at the discretion of the Secretary, or for National Forest System lands the Secretary of Agriculture, in consultation with the Director of the United States Fish and Wildlife Service, if such introduction of such species is necessary as an interim step in, and is part of a program to restore a native plant community. In such instances where the complete backfill of an open mine pit is not required under paragraph (5), such Secretary shall prescribe such vegetation requirements as conform to the applicable land use plan.
(B) In order to ensure compliance with subparagraph (A), the period for determining successful revegetation shall be 5 full years after the last year of augmented seeding, fertilizing, irrigation, or other work, except that such period shall be 10 full years where the annual average precipitation is 26 inches or less. The period may be a longer time at the discretion of the Secretary concerned where rainfall or other factors indicate that successful revegetation may be difficult to achieve or maintain.
(7) EXCESS WASTE- (A) Waste material in excess of that required to comply with paragraph (5) shall be transported and placed in approved areas, in a controlled manner in such a way so as to assure long-term mass stability, to prevent mass movement, and to facilitate reclamation. In addition to the measures described under paragraph (3), internal drainage systems shall be employed, as may be required, to control erosion and drainage. The design of such excess waste material piles shall be certified by a qualified professional engineer.
(B) Excess waste material piles shall be graded and contoured to blend with the surrounding topography as much as practicable and revegetated in accordance with paragraph (6).
(8) SEALING- All drill holes, and openings on the surface associated with underground mineral activities, shall be backfilled, sealed, or otherwise controlled when no longer needed for the conduct of mineral activities to ensure protection of the public and the environment, protection of groundwater, and management of fish and wildlife and livestock. Such sealing must be designed and carried out using materials and methods that will provide long-term protection. Information regarding the location and nature of sealed drill holes or openings or other areas that should remain undisturbed or will require long-term maintenance must be placed in the relevant land records and provided to the Secretary and the appropriate State and local agencies.
(9) REMOVAL OF STRUCTURES, ETC- All buildings, structures, roads, and equipment constructed, used, or improved during mineral activities shall be removed, unless the Secretary concerned, in consultation with the affected land managing agency, determines that use of the buildings, structures, or equipment would be consistent with subsection (a) or for environmental monitoring and the Secretary concerned takes ownership of such structures.
(10) CULTURAL, PALEONTOLOGICAL, AND CAVE RESOURCES- The operator shall make reasonable efforts to identify and shall not knowingly disturb, alter, injure, or destroy any scientifically important paleontologic remains or any historic, archaeologic, or cave-related sites, structure, building, resource, or object without including in the plan of operations a proposed action to preserve the resource that is approved by the Secretary prior to the disturbance taking place.
(11) DESIGN, CONSTRUCTION, AND MAINTENANCE OF STRUCTURES, ETC- All buildings, structures, roads, and equipment construct |