(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-
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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 
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 
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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 degradation, 
and the proposed operation has been designed and 
will operate to minimize disturbances to the pre-
vailing hydrologic balance of the permit 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 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 in-
eligible to receive a permit under section 304. 
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(J) The reclamation plan demonstrates that 10 
years following mine closure, no treatment of surface 
or ground water for carcinogens or toxins will be re-
quired 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 standard established in section 301. 
(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.— 
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(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 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 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. 
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(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 
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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; 
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(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 
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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. 
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(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-
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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 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 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 
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(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 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 appli-
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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 
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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 
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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: 
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(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 
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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 
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