contained thereon, subject to the permit prior to the
commencement of any mineral activities.
(2) A description of reclamation measures pro-
posed pursuant to the requirements of section 207.
(3) The engineering techniques to be used in
reclamation and the equipment proposed to be used.
(4) The anticipated starting and termination
dates of each phase of the reclamation proposed.
(5) 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.
(6) A description of the maintenance measures
that will be necessary to meet the surface manage-
ment requirements of this Act, such as, but not lim-
ited to, drainage water treatment facilities, or liner
maintenance and control.
(7) The consideration which has been given to
making the condition of the land after the comple-
tion of mineral activities and final reclamation con-
sistent with the applicable land use plan.
(d) PERMIT ISSUANCE OR DENIAL.—(1) After pro-
viding notice and opportunity for public comment and
hearing, the Secretary, or for National Forest System
lands the Secretary of Agriculture, shall issue an oper-
ations permit if such Secretary makes each of the follow-
ing determinations in writing, and such Secretary shall
deny a permit which he or she finds does not fully meet
the requirements of this paragraph:
(A) The permit application, operations plan,
and reclamation plan are complete and accurate.
(B) The applicant has demonstrated that the
proposed reclamation in the reclamation plan can be
accomplished.
(C) The proposed mineral activities and condi-
tion of the land including the fish and wildlife re-
sources and habitat contained thereon, after the
completion of mineral activities and final reclama-
tion conform to the land use plan applicable to the
area subject to mineral activities.
(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 demonstrated that the
mineral activities will be in compliance with this Act
and all other applicable Federal requirements, and
any State requirements agreed to by the appropriate
Secretary pursuant to cooperative agreements under
section 208.
(F) The assessment of the probable cumulative
impact of all anticipated mining in the area on the
hydrologic balance specified in subsection (b)(10)
has been made and the proposed operation has been
designed to minimize disturbances to the prevailing
hydrologic balance of the permit area.
(G) The applicant has fully complied with the
requirements of section 206 (relating to financial as-
surance).
(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 com-
plies with paragraph (1).
(3) With respect to any activities specified in the rec-
lamation plan referred to in subsection (b) which con-
stitute a removal or remedial action under section 101 of
the Comprehensive Environmental Response, Compensa-
tion and Liability Act of 1980, the Secretary shall consult
with the Administrator of the Environmental Protection
Agency prior to the issuance of an operating permit. To
the extent practicable, 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 Comprehensive Environmental Re-
sponse, Compensation and Liability Act of 1980 or correc-
tive actions under the Solid Waste Disposal Act.
(e) TERM OF PERMIT; RENEWAL.—(1) An operations
permit shall be for a stated term. The term shall be no
greater than that necessary to accomplish the proposed
mineral activities subject to the permit, and in no case
for more than 10 years, unless the applicant demonstrates
to the satisfaction of the Secretary, or for National Forest
System lands the Secretary of Agriculture, that a specified
longer term is reasonably needed for such mineral activi-
ties.
(2) Failure by the operator to commence mineral ac-
tivities within one year of the date scheduled in an oper-
ations permit shall require a modification of the permit
unless the Secretary concerned determines that the delay
was beyond the control of the applicant.
(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 informa-
tion 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 all other applicable Federal require-
ments, and any State requirements agreed to by the
Secretary concerned pursuant to cooperative agree-
ments under section 208.
(4) A renewal of an operations permit shall be for
a term of 10 years or for such additional term as the Sec-
retary concerned deems appropriate. Application for re-
newal shall be made at least one year prior to the expira-
tion of the existing permit. Where 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 accord-
ance with the terms of the expired permit until the Sec-
retary concerned makes a decision on the renewal applica-
tion.
(f) PERMIT MODIFICATION.—(1) During the term of
an operations permit the operator may submit an applica-
tion 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 estab-
lish joint rules regarding the extent to which requirements
for original permits under this section shall apply to appli-
cations to modify a permit based on whether such modi-
fications are deemed significant or minor. Such rules shall
provide that all requirements applicable to a new permit
shall apply to any extension of the area covered by the
permit (except for incidental boundary revisions).
(2) The Secretary, or for National Forest System
lands the Secretary of Agriculture, may, at any time, re-
quire reasonable modification to any operations plan or
reclamation plan upon a determination that the require-
ments of this Act cannot be met if the plan is followed
as approved. Such determination shall be based on a writ-
ten finding and subject to notice and hearing requirements
established by the Secretary concerned.
(g) TEMPORARY CESSATION OF OPERATIONS.—(1)
No operator conducting mineral activities under an oper-
ations permit in effect under this title may temporarily
cease mineral activities for a period of 180 days or more
under an operations permit unless the Secretary concerned
has approved such temporary cessation or unless the tem-
porary cessation is permitted under the original permit.
Any operator temporarily ceasing mineral activities for a
period of 180 days or more under an existing operations
permit shall submit, before the expiration of such 180-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 ces-
sation of operations shall include such provisions as pre-
scribed by the Secretary concerned, including but not lim-
ited to the steps that shall be taken during the cessation
of operations period to minimize impacts on the environ-
ment. After receipt of a complete application for tem-
porary cessation of operations such Secretary shall con-
duct an inspection of the area for which temporary ces-
sation 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 and, based upon
a written finding, such Secretary may require the operator
to take such actions as the Secretary deems necessary to
assure that mineral activities conform to the permit, in-
cluding 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 of the Interior in such amount as may be
established by such Secretary. 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 the Secretary of the Interior. All
moneys received under this subsection shall be deposited
in the Abandoned Locatable Minerals Mine Reclamation
Fund established under title III of this Act.
(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) is eligible to receive a permit in accordance
with section 205;
(B) has submitted evidence of financial assur-
ance satisfactory under section 206; 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 in such amount as may be established by such
Secretary. Such amount shall be equal to the actual or
anticipated cost to the Secretary or the Secretary of Agri-
culture of reviewing and approving or disapproving such
transfer, assignment, or sale, as determined by the Sec-
retary of the Interior. All moneys received under this sub-
section shall be deposited in the Abandoned Locatable
Minerals Mine Reclamation Fund established under title
III of this Act.
SEC. 205. 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 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 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 exploration permit or 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 or if the
applicant submits proof that the violator has filed and is
presently pursuing, a direct administrative or judicial ap-
peal 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 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 sur-
face management requirements of this Act by the appli-
cant, any affiliate of the applicant, or the operator or
claim holder if different than the applicant, and such vio-
lations are of such nature and duration, and with such
resulting irreparable damage to the environment, as to
clearly indicate an intent not to comply with the surface
management requirements.
SEC. 206. 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, cash or equivalent.
(2) The financial assurance shall cover all lands with-
in the initial permit area and shall be extended to cover
all lands added pursuant to any permit modification made
under section 203(f), section 204(f), or section 204(h).
The financial assurance shall cover all lands to be affected
by mineral activities as described and depicted in the per-
mit application.