(1) Lands recommended for wilderness designa-
tion by the agency managing the surface, pending a 
final determination by the Congress of the status of 
such recommended lands, or otherwise being man-
aged as roadless areas under an applicable land use 
plan. 
(2) Lands being managed by the Secretary, act-
ing through Bureau of Land Management, as wil-
derness study areas or National Monuments on the 
date of enactment of this Act except where the loca-
tion of mining claims is specifically allowed to con-
tinue by the statute designating the study area, 
pending a final determination by the Congress of the 
status of such lands. 
(3) Lands that are— 
(A) in designated Wild and Scenic Rivers 
and under study for inclusion in the National 
Wild and Scenic River System pursuant to sec-
tion 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have been withdrawn from mineral entry by ac-
tion of the Secretary of the Interior. 
(4) Lands withdrawn or segregated from min-
eral entry under authority of other law. 
(5) Lands designated as Areas of Critical Envi-
ronmental Concern. 
(6) Lands identified as ‘‘sacred sites’’ in ac-
cordance with Executive Order 13007. 
(7) Lands within 10 miles of a National Con-
servation System unit. 
(8) Lands identified in the Roadless Area Con-
servation Rule of January 2001. 
SEC. 202. UNSUITABILITY REVIEW. 
(a) AUTHORITY.—(1) As provided for in this section, 
the Secretary of the Interior, in carrying out that Sec-
retary’s responsibilities under the Federal Land Policy 
and Management Act of 1976, and the Secretary of Agri-
culture, in carrying out that Secretary’s responsibilities 
under the Forest and Rangeland Renewable Resources 
Planning Act of 1974, shall each review lands that are 
subject to this Act in order to determine, in accordance 
with the provisions of subsection (b), whether there are
any areas on such lands that are either unsuitable for all 
types of mineral activities or conditionally suitable for cer-
tain types of mineral activities. 
(2) Any determination made in accordance with sub-
section (b) shall be immediately effective. Such determina-
tion shall be incorporated into the applicable land use plan 
when such plan is adopted, revised, or significantly amend-
ed pursuant to provisions of law other than this Act. 
(3) In any instance where a determination is made 
in accordance with subsection (b) that an area is condi-
tionally suitable for all or certain mineral activities, the 
Secretary concerned shall take appropriate steps to notify 
the public that any operations permit application relevant 
to that area shall be conditioned accordingly. 
(4) In areas with any special characteristics described 
in subsection (b)(3), the Secretary, or for National Forest 
System lands the Secretary of Agriculture, shall undertake 
a validity examination on any claims within those areas. 
(b) SPECIAL CHARACTERISTICS.—(1) The Secretary, 
or for National Forest System lands the Secretary of Agri-
culture, shall determine that an area open to location is 
unsuitable for all or certain mineral activities if such Sec-
retary finds that such activities would result in significant, 
permanent, and irreparable damage to special characteris-
tics as described in paragraph (3) that cannot be pre-
vented by the imposition of conditions in the operations 
permit required under section 303(b). 
(2) The Secretary, or for National Forest System 
lands, the Secretary of Agriculture, may determine, after 
notice and opportunity for public comment, that an area 
is conditionally suitable for all or certain types of mineral 
activities, if the Secretary concerned determines that any 
of the special characteristics of such area, as listed in 
paragraph (3), require protection from the effects of min-
eral activities. 
(3) Any of the following shall be considered special 
characteristics of an area which contains lands or interests 
in lands open to location under this Act: 
(A) The existence of significant water resources 
or supplies in or associated with such area, such as 
aquifers and aquifer recharge areas. 
(B) The presence in such area of publicly 
owned places which are listed on or are determined 
eligible for listing on the National Register of His-
toric Places. 
(C) The designation of all or any portion of 
such area or any adjacent area as a National Con-
servation System unit. 
(D) The designation of all or any portion of 
such area or any adjacent area as critical habitat for
threatened or endangered species under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 and fol-
lowing). 
(E) The designation of all or any portion of 
such area as Class I under section 162 of the Clean 
Air Act (42 U.S.C. 7401). 
(F) The presence of such other resource values 
as the Secretary, or for National Forest System 
lands, the Secretary of Agriculture, may, by joint 
rule, specify based upon field testing that verifies 
such criteria. 
(G) Areas that are designated as or adjacent to 
Research Natural Areas. 
(H) Lands containing Native American ‘‘sacred 
sites’’ as defined in Executive Order 13007, and 
other cultural and religious values. 
(I) The presence of sole source aquifers, as de-
fined or designated by the Environmental Protection 
Agency. 
(J) The presence of waters designated as Out-
standing National Resource Waters as defined under 
the Federal Water Pollution Control Act (33 U.S.C. 
1251 note). 
(c) EFFECT OF DETERMINATION.—(1) In any in-
stance in which a determination of unsuitability is made
for any area in accordance with subsection (b)(1), all min-
eral activities shall be prohibited in such area, and the 
Secretary shall (with the consent of the Secretary of Agri-
culture for National Forest System lands) withdraw such 
area pursuant to section 204 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1714). The Sec-
retary’s determination under this section shall constitute 
the documentation required to be provided under section 
204(c)(12) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1714). 
(2) In any instance where the Secretary, or for Na-
tional Forest System lands, the Secretary of Agriculture, 
determines in accordance with subsection (b)(2) that, by 
reason of any of the special characteristics listed in sub-
section (b)(3), an area is conditionally suitable for all or 
certain mineral activities, the Secretary concerned shall in-
clude such additional conditions in each permit for mineral 
activities in such area as necessary to limit or control min-
eral activities to the extent necessary to protect the special 
characteristics concerned. 
(3) Nothing in this section shall be construed as af-
fecting lands where mineral activities were being con-
ducted on the date of enactment of this Act under ap-
proved plans of operations or under notice (as provided 
for in the regulations of the Secretary of the Interior in
effect prior to the date of enactment of this Act relating 
to operations that cause a cumulative disturbance of 5 
acres or less). 
(4) Nothing in this section shall be construed as pro-
hibiting mineral activities at a specific site, where substan-
tial legal and financial commitments in such mineral ac-
tivities were in existence on the date of enactment of this 
Act, but nothing in this section shall be construed as pro-
hibiting either Secretary from regulating such activities in 
accordance with other authority of law. As used in this 
paragraph, the term ‘‘substantial legal and financial com-
mitments’’ means, with respect to a specific site, signifi-
cant investments, expenditures, or undertakings that have 
been made to explore or develop any mining claim and 
or millsite located at such site under the general mining 
laws, such as but not limited to: contracts for minerals 
produced; construction; contracts for the construction; or 
commitment to raise capital for the construction of proc-
essing, beneficiation, extraction, or refining facilities, or 
transportation or utility infrastructure; exploration activi-
ties conducted to delineate proven or probable ore re-
serves; acquisition of mining claims (but only if such ac-
quisition is part of other significant investments specified 
in this paragraph); and such other costs or expenditures 
related to mineral activities at such site as are similar to
the foregoing itemized costs or expenditures and as may 
be specified by the Secretaries by joint rule. 
(d) WITHDRAWAL REVIEW.—(1) In carrying out the 
responsibilities referred to in subsection (a), the Secretary 
or, for National Forest System lands, the Secretary of Ag-
riculture, shall review all administrative withdrawals of 
land under such Secretary’s jurisdiction (other than wil-
derness study areas) to determine whether the modifica-
tion of such withdrawal for the purpose of allowing sur-
rounding lands to be withdrawn from the location of min-
ing claims under this Act is appropriate as a result of any 
of the following: 
(A) The imposition of any conditions imposed 
as part of the land use planning process or the im-
position of any conditions as a result of the review 
process under subsection (a). 
(B) The limitation of section 110 (relating to 
limitation on patent issuance). 
(C) The criteria for special places set forth in 
this section or section 201. 
(2) The Secretary concerned shall publish the review 
referred to in paragraph (1) in the Federal Register no 
later than 1 year after the date of enactment of this Act. 
After providing notice and opportunity for comment, the 
Secretary may issue a modification of such administrative
withdrawals as he deems appropriate by reason of the cri-
teria listed in subparagraph (A) or (B) of paragraph (1). 
(e) PETITIONS FOR DESIGNATION AS UNSUITABLE 
OR CONDITIONALLY SUITABLE.—Any State, county, or 
local government, and any Indian tribe or Native Hawai-
ian organization, may petition the Secretary or, in the case 
of National Forest System lands, the Secretary of Agri-
culture, to designate any portion of land that is within 
the secretaries jurisdictions that is open to mining as un-
suitable or conditionally suitable for mining pursuant to 
the special places criteria set forth in this section or sec-
tion 201. The Secretary concerned shall publish the peti-
tion in the Federal Register no later than 30 days after 
the date the petition is filed. After providing notice and 
opportunity for comment, the Secretary shall respond to 
the petitoner within 180 days after the end of the public 
comment period. 
(f) LIMITATION
ON EXCHANGE
OF WITHDRAWN 
LAND.—Any lands withdrawn from mining under this Act 
shall not be eligible for land disposal in any land exchange 
under any other law.
TITLE 
III—ENVIRONMENTAL 
CONSIDERATIONS 
OF 
MIN-
ERAL EXPLORATION AND DE-
VELOPMENT 
SEC. 301. ENVIRONMENTAL PROTECTION STANDARDS. 
Notwithstanding any other provision of law, and in 
accordance with this title and applicable law, the Sec-
retary— 
(1) shall require that mineral activities on Fed-
eral lands conducted by any person shall protect the 
environment, public health, and public safety; and 
(2) shall assure that mining activities on Fed-
eral lands are conducted in a manner that recognizes 
the value of the mineral resources and the value of 
Federal lands for other uses, including but not lim-
ited to recreation, wildlife habitat, and water supply. 
SEC. 302. PERMITS. 
(a) PERMITS REQUIRED.—No person may engage in 
mineral activities on Federal lands that may cause a dis-
turbance 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 or converted 
under this Act and properly maintained; 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 pan-
ning. Casual use does not include— 
(1) the use of mechanized earth moving equip-
ment, 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 section 102 may apply to the Sec-
retary, or for National Forest System lands, the Secretary 
of Agriculture, for an operations permit authorizing the 
claim holder to carry out mineral activities on Federal 
lands that are subject to the 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 ap-
plication 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 car-
ried 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 secu-
rity number or tax identification number, as applica-
ble, of each of the following: 
(A) The applicant for the permit and any 
agent of the applicant. 
(B) The operator (if different than the ap-
plicant) of the claim concerned. 
(C) Each claim holder (if different than 
the applicant) of the claim concerned.
(D) Each affiliate and each officer or di-
rector of the applicant and of the operator. 
(3) A statement of whether the applicant or op-
erator, or any subsidiary, affiliate, or person con-
trolled by or under common control with the appli-
cant or operator, is currently in violation of, or was, 
during the 5-year period preceding the date of appli-
cation, found to be in violation of any of the fol-
lowing and if so, a brief explanation of the facts in-
volved, including identification of the site and the 
nature of the violation: 
(A) Any provision of this Act or any regu-
lation under this Act. 
(B) Any applicable Federal or State toxic 
substance, solid waste, air, water quality, rec-
lamation, or fish and wildlife conservation law 
or regulation at any site where mining, 
beneficiation, or processing activities are occur-
ring or have occurred. 
(C) The Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1201 and fol-
lowing) 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 op-
erator, and any subsidiary, affiliate, or person con-
trolled by or under common control with the appli-
cant 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 depos-
ited in lieu of bond forefeited and, if so, a brief ex-
planation of the facts involved. 
(5) A statement of any current or previous per-
mits 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 tech-
niques proposed to be used, and the equipment pro-
posed to be used. 
(7) The anticipated starting and termination 
dates of each phase of the mineral activities pro-
posed, 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 activi-
ties; surface and mineral ownership; facilities, in-
cluding roads and other man-made structures; pro-
posed 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 wet-
land habitats. 
(10) A description of measures planned to ex-
clude fish and wildlife resources from the area sub-
ject to mineral activities by covering, containment, 
or fencing of open waters, beneficiation, and proc-
essing 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 associ-
ated with the area subject to mineral activities, 
based on predisturbance monitoring sufficient to es-
tablish 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 re-
spect to the hydrologic regime, quantity and quality 
of water in surface and ground water systems in-
cluding the dissolved and suspended solids under 
seasonal flow conditions, and the collection of suffi-
cient 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 an-
ticipated mineral activities in the area upon the hy-
drology of the area and particularly upon water 
availability and quality. To the extent that this anal-
ysis relies on hydrologic or other modeling, the mod-
els used shall be approved by the Secretary for ap-
plication at the site. Such a model may not be ap-
proved if it is considered proprietary and therefore 
unavailable for public review. In describing the po-
tential 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 out-
comes, to the extent such information is available. 
(13) A description of the monitoring and re-
porting 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 lo-
cation 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 envi-
ronment, including but not limited to, ground water, 
surface water, wetlands, air, soils, and fish and wild-
life 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 appro-
priate insurance to cover accident contingencies. 
(15) Any measures to comply with any condi-
tions on minerals activities that are required in the 
applicable land use plan or any condition stipulated 
pursuant to section 202. 
(16) Information determined necessary by the 
Secretary to assess the cumulative impacts of min-
eral activities, as required to comply with the Na-
tional 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 suf-
ficient to validate the determinations required for 
issuance of a permit under this Act.
(18) Evidence of appropriate financial assur-
ance as specified in section 305. 
(19) A description of the site security provisions 
designed to protect from theft the locatable min-
erals, 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 demonstration that the mining claim is 
economically valuable for development, taking into 
account the costs of compliance with this Act and 
other applicable law. 
(22) A copy of the applicant’s advertisement to 
be published as required by subsection (k). 
(c) OPERATION AND RECLAMATION PLANS APPLICA-
TION REQUIREMENTS.—The operation and reclamation 
plans referred to in subsection (b) shall include such rec-
lamation measures as prescribed by the Secretary, or for 
National Forest System lands the Secretary of Agri-
culture, 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 pro-
posed 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 comple-
tion 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 pro-
viding notice and opportunity for public comment and 
hearing pursuant to subsection (k), the Secretary, or for 
National Forest System lands the Secretary of Agri-
culture, 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 appli-
cation and applicant do not fully meet the following re-
quirements: 
(A) The permit application, including the site 
characterization data, operations plan, and reclama-
tion plan, are complete and accurate and sufficient 
for developing a good understanding of the antici-
pated impacts of the mineral activities and the effec-
tiveness of proposed mitigation and control. 
(B) The applicant has demonstrated that the 
proposed reclamation in the operation and reclama-
tion plan can be and is likely to be accomplished by 
the applicant consistent with the goals of the envi-
ronmental 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 appli-
cable to the area subject to mineral activities and 
are returned to a productive use. 
(D) The area subject to the proposed plan is 
not included within an area designated unsuitable or 
not open to location for the types of mineral activi-
ties 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 require-
ments, and any applicable State requirements agreed 
to by the appropriate Secretary pursuant to coopera-
tive 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 or unneces-
sary degradation, and the proposed operation has 
been designed and will operate to minimize disturb-
ances to the prevailing hydrologic balance of the per-
mit area.
(G) The applicant has fully complied with the 
requirements of section 305 (relating to financial as-
surance). 
(H) The Secretary has determined that there 
will be no undue or unnecessary degradation of nat-
ural 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 in-
eligible to receive a permit under section 304. 
(J) The reclamation plan conclusively dem-
onstrates that 10 years following mine closure, no 
treatment of surface or ground water for carcino-
gens or toxins will be required to meet water quality 
standards at the point of discharge. 
(2) Issuance of an operations permit under this sec-
tion shall be based on information supplied by the appli-
cant or other interested parties and the applicant shall 
have the burden of establishing that the application meets 
the environmental standards of this Act as established in 
this title. 
(3) With respect to any activities specified in the rec-
lamation 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 reme-
dial actions under the Comprehensive Environmental Re-
sponse, 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 nec-
essary 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 min-
eral activities within two 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 sec-
tion 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 deter-
mines, in writing, any of the following: 
(A) The terms and conditions of the exist-
ing 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 in-
formation 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 ap-
plicable Federal requirements, and any State 
requirements agreed to by the Secretary con-
cerned 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. Applica-
tion 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 re-
newal application, reclamation shall and other min-
eral activities may continue in accordance with the 
terms of the expired permit until the Secretary con-
cerned makes a decision on the renewal application 
but in no case longer than 2 years. 
(f) PERMIT MODIFICATION.— 
(1) During the term of an operations permit 
the operator may submit an application to modify 
the permit (including the operations plan or rec-
lamation 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 mod-
ify a permit based on whether such modifications are 
deemed significant or minor. 
(2) The Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may, at any 
time, require reasonable modification to any oper-
ations plan or reclamation plan upon a determina-
tion that the requirements of this Act cannot be met
if the plan is followed as approved. Such determina-
tion shall be based on a written finding and subject 
to public notice and hearing requirements estab-
lished by the Secretary concerned. 
(3) A permit modification is required before 
changes are made to the approved plan of oper-
ations, 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 applica-
tion; 
(D) the need for long-term water treat-
ment; 
(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 safe-
ty. 
(g) TEMPORARY CESSATION OF OPERATIONS.—(1) 
An operator conducting mineral activities under an oper-
ations 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 tem-
porary cessation or unless the temporary cessation is per-
mitted under the original permit. Any operator tempo-
rarily 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 expi-
ration of such 90-day period, a complete application for 
temporary cessation of operations to the Secretary con-
cerned for approval unless the temporary cessation is per-
mitted under the original permit. 
(2) An application for approval of temporary ces-
sation of operations shall include such information re-
quired under subsection (b) and any other provisions pre-
scribed by the Secretary concerned to minimize impacts 
on the environment. After receipt of a complete applica-
tion for temporary cessation of operations such Secretary 
shall conduct an inspection of the area for which tem-
porary cessation of operations has been requested. 
(3) To approve an application for temporary ces-
sation of operations, the Secretary concerned shall make 
each of the following determinations: 
(A) A determination that the methods for se-
curing surface facilities and restricting access to the
permit area, or relevant portions thereof, will effec-
tively ensure against hazards to the health and safe-
ty of the public and fish and wildlife. 
(B) A determination that reclamation is in com-
pliance with the approved reclamation plan, except 
in those areas specifically designated in the applica-
tion for temporary cessation of operations for which 
a delay in meeting such standards is necessary to fa-
cilitate the resumption of operations. 
(C) A determination that the amount of finan-
cial assurance filed with the permit application is 
sufficient to assure completion of the reclamation ac-
tivities identified in the approved reclamation plan in 
the event of forfeiture. 
(D) A determination that any outstanding no-
tices of violation and cessation orders incurred in 
connection with the plan for which temporary ces-
sation 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 Na-
tional 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 pub-
lic 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 Sec-
retary of Agriculture, in such amount as may be estab-
lished 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 Agri-
culture, of reviewing, administering, and enforcing such 
permit, as determined by such Secretary. All moneys re-
ceived under this subsection shall be deposited in the 
Abandoned Locatable Minerals Mine Reclamation Fund 
established under title III. 
(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 writ-
ing, that the successor— 
(A) has submitted information required and is 
eligible to receive a permit in accordance with sec-
tion 304; 
(B) has submitted evidence of financial assur-
ance 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 com-
pliance 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 trans-
fer, 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 Sec-
retary of Agriculture, in such amount as may be estab-
lished 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 III. 
(k) PUBLIC PARTICIPATION.—(1) Concurrent with 
submittal of an application for a permit under this section 
or a renewal or significant modification thereof, the appli-
cant shall publish a notice in a newspaper of local circula-
tion at least once a week for 4 consecutive weeks. In addi-
tion, 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 activi-
ties, the type and expected duration of the proposed min-
eral activities, the proposed use of the land after the com-
pletion of mineral activities, and identification of a loca-
tion where such plans are publicly available. The notice 
by the Secretary shall provide contact names and informa-
tion 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 sub-
ject to mineral activities. The applicant shall provide proof 
of such notification to the Secretary, or for National For-
est 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 pro-
posed mineral activities, on the appropriate Internet 
Websites of the appropriate Federal agencies and at such 
other readily accessible public locations deemed appro-
priate 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 Sys-
tem 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 dis-
approval 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 con-
cerned 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 min-
eral activities may request a nonadjudicatory public hear-
ing 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 re-
quest 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 com-
ments 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 sec-
tion shall apply to permit modifications that are consid-
ered 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 per-
mit 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 appli-
cant) 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 sub-
stance, 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 Reclama-
tion 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 reg-
ulatory authority involved or if the applicant submits proof 
that the violator has filed and is presently pursuing, a di-
rect administrative or judicial appeal to contest the exist-
ence of the violation. For purposes of this section, an ap-
peal of any applicant’s relationship to an affiliate shall not 
constitute a direct administrative or judicial appeal to con-
test the existence of the violation. 
(2) Any permit which is issued or reinstated based 
upon proof submitted under this subsection shall be condi-
tionally 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 sus-
pended 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 envi-
ronmental protection requirements of this Act by the ap-
plicant, 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 pre-
scribed 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 with-
in 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 modi-
fication made under section 303(f) (relating to operations 
permits), or affected by mineral activities. 
(b) AMOUNT.—The amount of the financial assur-
ance required under this section shall be sufficient to as-
sure the completion of reclamation and restoration satis-
fying the requirements of this Act if the work were to be 
performed by the Secretary concerned in the event of for-
feiture, 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 fi-
nancial exposure which shall arise during the mineral ac-
tivity and administrative costs associated with a govern-
ment 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 sub-
section (g). 
(d) ADJUSTMENTS.—The amount of the financial as-
surance 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 de-
creased, or where the costs of reclamation or treatment 
change, or pursuant to section 303(h) (relating to oper-
ations permits), but the financial assurance shall other-
wise be in compliance with this section. The Secretary con-
cerned 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 con-
sultation 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 res-
toration covered by the financial assurance has been 
accomplished as required by this Act. 
(2) A determination that the terms and condi-
tions of any other applicable Federal requirements, 
and State requirements applicable pursuant to coop-
erative agreements under section 307, have been ful-
filled. 
(f) RELEASE SCHEDULE.—The release referred to in 
subsection (e) shall be according to the following schedule: 
(1) After the operator has completed any re-
quired backfilling, regrading, and drainage control of 
an area subject to mineral activities and covered by 
the financial assurance, and has commenced revege-
tation on the regraded areas subject to mineral ac-
tivities 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 revegeta-
tion. 
(2) After the operator has completed success-
fully 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, res-
toration, and effluent treatment required by sub-
section (g)), and all other requirements of this Act 
have been fully met, the remaining portion of the fi-
nancial assurance may be released. 
During the period following release of the financial assur-
ance 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 re-
sulting 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 pro-
jected 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 stand-
ards for 5 full years without treatment. 
(h) ENVIRONMENTAL HAZARDS.—If the Secretary, 
or for National Forest System lands, the Secretary of Ag-
riculture, determines, after final release of financial assur-
ance, 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 reg-
ulations 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 capa-
ble of supporting—
(A) the uses which such lands were capable of 
supporting prior to surface disturbance by the oper-
ator, or 
(B) other beneficial uses which conform to ap-
plicable land use plans as determined by the Sec-
retary, 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, rec-
lamation 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 environ-
mental impacts of selected methods of mining and to as-
sure that the direct and indirect impacts of mining are 
consistent with applicable land use plans and with other 
desirable uses of Federal lands: 
(1) SOILS.—(A) Soils, including top soils and 
subsoils removed from lands subject to mineral ac-
tivities, shall be segregated from waste material and 
protected to minimize erosion and sustain revegeta-
tion when reclamation begins. If such soil is not re-
placed on a backfill area within a time-frame short 
enough to avoid deterioration of the topsoil, vegeta-
tive cover or other means shall be used so that the 
soil is preserved from wind and water erosion, re-
mains 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 sub-
ject to the mineral activities are available that shall 
support vegetation, the best available growth me-
dium shall be removed, segregated and preserved in 
a like manner as under subparagraph (A) for sus-
taining vegetation when restored during reclamation. 
(C) In the event the soil (other than topsoil) 
from lands subject to mineral activities is of insuffi-
cient 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 pre-
vent contamination of soils to the extent possible 
using the best technology currently available. If con-
tamination occurs, the operator shall decontaminate 
or dispose of any contaminated soils which have re-
sulted 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 pre-
vent hazards and to effectively control fugitive dust 
and erosion and otherwise comply with toxic sub-
stance, 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 meas-
ures, shall be designed, constructed and maintained 
where necessary to control sediments, prevent ero-
sion, and manage drainage of the area subject to 
mineral activities.
(4) HYDROLOGIC
BALANCE.—(A) Mineral ac-
tivities 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 activi-
ties in the permit area and in the surrounding wa-
tershed, 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 re-
charge 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 pre-
vent 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 hy-
drologic balance existing prior to the mineral activi-
ties 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 im-
pacted by mineral activities, such water shall be 
treated, or replaced with the same quantity and ap-
proximate quality of water, comparable to premining 
conditions as established in paragraph (10) of sec-
tion 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 ap-
propriate means of controlling long-term adverse im-
pacts 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 hydro-
logic 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 com-
ply with applicable Federal, State, and, where appro-
priate, local government water quality standards. 
(6) VEGETATION.—(A) The area subject to 
mineral activities shall be vegetated in order to es-
tablish a diverse, effective, and permanent vegetative 
cover of the same seasonal variety native to the area 
subject to mineral activities, capable of self-regen-
eration 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 in-
troduction 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 com-
plete backfill of an open mine pit is not required 
under paragraph (5), such Secretary shall prescribe 
such vegetation requirements as conform to the ap-
plicable land use plan. 
(B) In order to ensure compliance with sub-
paragraph (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 dis-
cretion 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 ex-
cess 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 re-
quired, 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 topog-
raphy as much as practicable and revegetated in ac-
cordance with paragraph (6). 
(8) SEALING.—All drill holes, and openings on 
the surface associated with underground mineral ac-
tivities, shall be backfilled, sealed, or otherwise con-
trolled 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 ma-
terials and methods that will provide long-term pro-
tection. Information regarding the location and na-
ture 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) STRUCTURES.—All buildings, structures, or 
equipment constructed, used, or improved during 
mineral activities shall be removed, unless the Sec-
retary concerned, in consultation with the affected 
land managing agency, determines that use of the 
buildings, structures, or equipment would be con-
sistent with subsection (a) or for environmental 
monitoring and the Secretary concerned takes own-
ership 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 ap-
proved by the Secretary prior to the disturbance tak-
ing place. 
(11) ROADS AND STRUCTURES.—All buildings, 
structures, roads, and equipment constructed, used, 
or improved during mineral activities shall be de-
signed, constructed, and maintained to minimize ero-
sion, siltation, and air pollution and then removed 
after mining, unless the Secretary concerned in con-
sultation with the affected land managing agency, 
determines that use of the buildings, structures, 
roads, or equipment would be consistent with sub-
section (a) or for environmental monitoring, and the 
Secretary concerned takes ownership of such struc-
tures, buildings, or equipment, or roads.
(12) DRILL HOLES.—(A) Drilling fluids shall 
not be allowed to flow off the site or otherwise ad-
versely impact water or other natural resources. 
(B) All drill holes shall be drilled, operated, and 
plugged to prevent mixing of water from aquifers, 
impacts to beneficial uses, and downward or upward 
water loss. 
(13) LEACHING
OPERATIONS
AND
IMPOUND-
MENTS.—Leach pads, tailing impoundments, waste 
rock and overburden, ponds, and solution holding fa-
cilities shall be designed, constructed, and operated 
according to standard engineering practices to 
achieve and maintain the stability of the site and fa-
cilitate reclamation. These facilities shall be con-
structed with a low-permeability liner or contain-
ment system that will detect leaks, and prevent the 
release of solutions to the environment. All leaching 
facilities and impoundments shall be designed and 
operated to withstand a local 24-hour, 100-year 
storm event in addition to the solution expected for 
the facility, unless the Secretary determines that ad-
ditional protections are necessary due to proximity 
to people or endangered species, or threatened spe-
cies or the presence of drinking water supplies.