(1) A determination that reclamation or res-
toration covered by the financial assurance has been 
accomplished as required by this title. 
(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 138, 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 
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activities and all requirements of the operations plan 
and the reclamation plan, and all other requirements 
of this title have been fully met, including the re-
quirements of subsection (g) of this section, the re-
maining portion of the financial 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 subtitle. 
(g) EFFLUENT.—Notwithstanding section 137(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. 
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(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 explorations or operations permit of this title were not 
fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 146 requiring the claim hold-
er or operator (or any person who controls the claim hold-
er or operator) to correct the condition such that applica-
ble laws and regulations and any conditions from the plan 
of operations are met. 
SEC. 137. OPERATION AND RECLAMATION. 
(a) GENERAL RULE.— 
(1) The operator shall restore lands subject to 
mineral activities carried out under a permit issued 
under this subtitle to a condition capable of sup-
porting— 
(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. 
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(2) Reclamation shall proceed as contempora-
neously as practicable with the conduct of mineral 
activities. In the case of a cessation of mineral ac-
tivities beyond that provided for as a temporary ces-
sation under this title, reclamation activities shall 
begin immediately. 
(b) OPERATION AND RECLAMATION STANDARDS.— 
The Secretary of the Interior and the Secretary of Agri-
culture shall jointly promulgate regulations that establish 
operation and reclamation standards for mineral activities 
permitted under this title. The Secretaries may determine 
whether outcome-based performance standards or tech-
nology-based design standards are most appropriate. The 
regulations shall address the following: 
(1) Segregation, protection, and replacement of 
topsoil or other suitable growth medium, and the 
prevention, where possible, of soil contamination. 
(2) Maintenance of the stability of all surface 
areas. 
(3) Control of sediments to prevent erosion and 
manage drainage. 
(4) Minimization of the formation and migra-
tion of acidic, alkaline, metal-bearing, or other dele-
terious leachate. 
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(5) Reduction of the visual impact of mineral 
activities to the surrounding topography, including 
as necessary pit backfill. 
(6) Establishment of a diverse, effective, and 
permanent vegetative cover of the same seasonal va-
riety native to the area affected by mineral activities, 
and equal in extent of cover to the natural vegeta-
tion of the area. 
(7) Design and maintenance of leach oper-
ations, impoundments, and excess waste according to 
standard engineering standards to achieve and main-
tain stability and reclamation of the site. 
(8) Removal of structures and roads and seal-
ing of drill holes. 
(9) Restoration of, or mitigation for, fish and 
wildlife habitat disturbed by mineral activities. 
(10) Preservation of cultural, paleontological, 
and cave resources. 
(11) Prevention and suppression of fire in the 
area of mineral activities. 
(c) SURFACE OR GROUNDWATER WITHDRAWALS.— 
The Secretary shall work with State and local govern-
ments with authority over the allocation and use of surface 
and groundwater in the area around the mine site as nec-
essary to ensure that any surface or groundwater with-
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