followed as approved, which shall be based on 
a written finding and subject to public notice 
and hearing requirements established by the 
Secretary concerned. 
(B) WAIVER
OF
PUBLIC
NOTICE
AND 
HEARING.—The Secretary concerned may waive 
the public notice and hearing requirements 
under subparagraph (A) in the case of immi-
nent threat to health, safety, or the environ-
ment. 
(3) 
UNANTICIPATED
EVENTS
OR
CONDI-
TIONS.—A permit modification is required before 
changes are made to the approved operations plan, 
or if unanticipated events or conditions exist on the 
land subject to the permit, including in the case of— 
(A) development of acid or toxic drainage; 
(B) loss of springs or water supplies; 
(C) water quantity, water quality, or other 
resulting water impacts that are significantly 
different than those predicted in the application 
for the operations permit; 
(D) the need for long-term water treat-
ment; 
(E) significant reclamation difficulties or 
reclamation failure; 
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(F) the discovery of significant scientific or 
biological resources that were not addressed in 
the original plan; 
(G) the discovery of property eligible for 
listing on the National Register of Historic 
Places; or 
(H) the discovery of a hazard to public 
safety. 
(f) TEMPORARY CESSATION OF OPERATIONS.— 
(1) SECRETARIAL
APPROVAL
REQUIRED.—An 
operator conducting mineral activities under an op-
erations permit in effect under this title may not 
temporarily cease mineral activities for a period of 
more than 180 days unless the Secretary concerned 
has approved such temporary cessation or unless the 
temporary cessation is permitted under the original 
operations permit. 
(2) PREVIOUSLY
ISSUED
OPERATIONS
PER-
MITS.—An operator that temporarily ceases mineral 
activities for a period of more than 90 days under 
an operations permit issued before the effective date 
of this Act shall submit, before the expiration of 
such 90-day period, a complete application for tem-
porary cessation of operations to the Secretary con-
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cerned for approval unless the temporary cessation 
is permitted under the original operations permit. 
(3) REQUIRED INFORMATION.— 
(A) IN GENERAL.—To apply for an ap-
proval of temporary cessation of operations, an 
operator shall submit to the Secretary con-
cerned such information required under sub-
section (b) and any other provisions prescribed 
by the Secretary concerned to minimize impacts 
on human health, the environment, or property 
eligible for listing on the National Register of 
Historic Places. 
(B) INSPECTION.—After receipt of a com-
plete application for temporary cessation of op-
erations, the Secretary concerned shall conduct 
an inspection of the area for which temporary 
cessation of operations has been requested. 
(4) CONDITIONS
FOR
APPROVAL.—The Sec-
retary concerned may approve an application for 
temporary cessation of operations if such Secretary 
determines the following: 
(A) The methods for securing surface fa-
cilities and restricting access to the land subject 
to the operations permit, or relevant portions 
thereof, will effectively protect against hazards 
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to the health and safety of the public and fish 
and wildlife or damage to property eligible for 
listing on the National Register of Historic 
Places. 
(B) Reclamation is in compliance with the 
approved reclamation plan, except in those 
areas specifically designated in the application 
for temporary cessation of operations for which 
a delay in meeting such standards is necessary 
to facilitate the resumption of operations. 
(C) The amount of financial assurance 
filed with the permit application is sufficient to 
ensure completion of the reclamation activities 
identified in the approved reclamation plan in 
the event of forfeiture. 
(D) Any outstanding notices of violation 
and cessation orders incurred in connection 
with the plan for which temporary cessation is 
being requested are either stayed pursuant to 
an administrative or judicial appeal proceeding 
or are in the process of being abated to the sat-
isfaction of the Secretary concerned. 
(g) PERMIT REVIEWS.—The Secretary concerned 
shall review each operations permit issued under this sec-
tion every 10 years during the term of such operations 
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permit, and before approving the resumption of operations 
under subsection (f), the Secretary concerned shall require 
the operator to take such actions as the Secretary con-
cerned deems necessary to ensure that mineral activities 
conform to the operations permit, including adjustment of 
financial assurance requirements. 
(h) 
TRANSFER, 
ASSIGNMENT, 
OR
SALE
OF 
RIGHTS.— 
(1) WRITTEN APPROVAL.—No transfer, assign-
ment, or sale of rights granted by an operations per-
mit under this section may be made without the 
prior written approval of the Secretary concerned. 
(2) CONDITIONS OF APPROVAL.—The Secretary 
concerned may allow a permit holder to transfer, as-
sign, or sell rights under the permit to a successor, 
if the Secretary concerned finds, in writing, that the 
successor— 
(A) has submitted all required information 
and is eligible to receive a permit in accordance 
with section 305; 
(B) has submitted evidence of financial as-
surance satisfactory under section 306; and 
(C) meets any other requirements specified 
by the Secretary concerned. 
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(3) ASSUMED
LIABILITY.—The successor de-
scribed in paragraph (2) shall assume the liability 
and reclamation responsibilities established by the 
existing operations permit and shall conduct the 
mineral activities in full compliance with this Act 
and the terms and conditions of the operations per-
mit as in effect at the time of transfer, assignment, 
or sale. 
(4) FEE.—Each application for approval of an 
operations permit transfer, assignment, or sale pur-
suant to this subsection shall be accompanied by a 
fee payable to the Secretary concerned in such 
amount as may be established by the Secretary con-
cerned, which shall be equal to the actual or antici-
pated cost of reviewing and approving or dis-
approving such transfer, assignment, or sale, as de-
termined by the Secretary concerned. 
(i) PUBLIC PARTICIPATION.—The Secretary and the 
Secretary of Agriculture shall jointly issue regulations to 
ensure transparency and public participation in permit de-
cisions required under this Act, consistent with any re-
quirements that apply to such decisions under section 102 
of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332). 
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SEC. 305. PERSONS INELIGIBLE FOR PERMITS. 
(a) CURRENT VIOLATIONS.—Unless corrective action 
has been taken in accordance with subsection (c), no per-
mit under this title may be issued, transferred, assigned, 
or sold to an applicant if the applicant or any agent of 
the applicant, the operator (if different from the appli-
cant), any claim or lease holder (if different from the ap-
plicant) of the claim, license, or lease concerned, or any 
affiliate of the applicant is in violation of the following: 
(1) 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 et seq.) at any 
site where surface coal mining operations are occur-
ring or have occurred. 
(b) SUSPENSION.—The Secretary concerned shall 
suspend a permit, in whole or in part, if the Secretary 
concerned determines that any of the entities described in 
subsection (a) were in violation of any requirement de-
scribed in subsection (a) at the time such permit was 
issued. 
(c) CORRECTION.— 
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(1) REINSTATEMENT.— 
(A) IN
GENERAL.—The Secretary con-
cerned may issue or reinstate a permit under 
this title if the applicant submits proof that— 
(i) the violation under subsection (a) 
or (b) has been corrected or is in the proc-
ess of being corrected to the satisfaction of 
the Secretary concerned and the regulatory 
authority involved; or 
(ii) the violator has filed, and is pur-
suing at the time of such submission, a di-
rect administrative or judicial appeal to 
contest the existence of the violation. 
(B) APPEAL OF RELATIONSHIP TO AFFIL-
IATE.—An appeal of the relationship of an ap-
plicant to an affiliate shall not constitute a di-
rect administrative or judicial appeal to contest 
the existence of the violation under subpara-
graph (A)(ii). 
(2) CONDITIONAL APPROVAL.— 
(A) IN GENERAL.—A permit that is issued 
or reinstated based upon proof submitted under 
this subsection shall be conditionally issued or 
conditionally reinstated, respectively. 
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(B) SUSPENSION; REVOCATION.—The Sec-
retary concerned shall suspend or revoke a per-
mit that is conditionally issued or conditionally 
reinstated if the relevant violation is not suc-
cessfully abated or is upheld on appeal. 
(d) PATTERN OF WILLFUL VIOLATION.—No permit 
may be issued under this Act 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, an affiliate of the applicant, or the operator or 
claim, license, or lease holder if different than the appli-
cant. 
SEC. 306. FINANCIAL ASSURANCE. 
(a) FINANCIAL ASSURANCE REQUIRED.— 
(1) FORM OF ASSURANCE.—After a permit is 
issued under this title and before any exploration or 
operations begin under the relevant permit, the oper-
ator shall file with the Secretary concerned evidence 
of financial assurance payable to the United States, 
which shall be provided in the form of a surety bond, 
letters of credit, certificates of deposit, or cash. 
(2) COVERED ACTIVITIES.—The financial assur-
ance required under paragraph (1) shall cover all 
land within the initial permit area and all affected 
waters that may require restoration, treatment, or 
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other management as a result of mineral activities, 
and shall be extended to cover all land and water 
added to the permit area pursuant to any permit 
modification made under section 303(e) or 304(e) or 
affected by mineral activities within the permit area. 
(b) AMOUNT.— 
(1) IN GENERAL.—The amount of the financial 
assurance required under this section shall be suffi-
cient to ensure the completion of reclamation satis-
fying the requirements of this Act if the work were 
to be performed by the Secretary concerned, or by 
a third-party contractor hired by the Secretary con-
cerned, in the event of forfeiture, including the con-
struction and maintenance costs for any treatment 
facilities necessary to meet Federal and State envi-
ronmental requirements. 
(2) CALCULATION.—The calculation of the 
amount under paragraph (1) shall take into account 
the maximum estimated cost of reclamation, as de-
termined by the best available science, and adminis-
trative costs associated with a government agency 
reclaiming the site. 
(c) DURATION.—The financial assurance required 
under this section shall be held for the duration of the 
mineral activities and for an additional period sufficient 
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plan and the reclamation plan, and all other require-
ments of this Act have been fully met, the remaining 
portion of the financial assurance may be released. 
During the period following release of the financial 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 relevant permit issued under this title. 
(g) EFFLUENT.— 
(1) IN
GENERAL.—Notwithstanding section 
307(b)(2)(D), where any discharge or other water- 
related condition resulting from mineral activities re-
quires treatment in order to meet applicable effluent 
limitations and water quality standards, the finan-
cial assurance shall include the estimated cost of 
maintaining such treatment for the projected period 
that will be needed after the cessation of mineral ac-
tivities. 
(2) RELEASE OF FINANCIAL ASSURANCE.—The 
portion of the financial assurance attributable to 
such estimated cost of treatment shall not be re-
leased until such discharge has ceased for a period 
of 5 years, as determined by ongoing monitoring and 
testing, or, if the discharge continues, until the oper-
ator has met all applicable effluent limitations and 
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water quality standards for 5 full years without 
treatment. 
(h) ENVIRONMENTAL HAZARDS.—If the Secretary 
concerned determines, after final release of a financial as-
surance, that an environmental hazard resulting from the 
mineral activities exists, or the terms and conditions of 
the exploration permit or operations permit of this Act 
were not fulfilled at the time of such release, the Secretary 
concerned shall issue an order under section 507 requiring 
the claim holder or operator (or any person who controls 
the claim holder or operator) to correct the condition such 
that applicable laws and regulations and any conditions 
from the operations plan are met. 
SEC. 307. OPERATION AND RECLAMATION. 
(a) GENERAL RULE.— 
(1) IN
GENERAL.—An operator shall reclaim 
land 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 land was capable 
of supporting before surface disturbance by the 
operator; or 
(B) other beneficial uses which conform to 
applicable land use plans as determined by the 
Secretary concerned. 
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(2) CONTEMPORANEOUS
RECLAMATION.—Rec-
lamation shall proceed as contemporaneously as 
practicable with the conduct of mineral activities, 
and in the case of a cessation of mineral activities 
beyond that provided for as a temporary cessation 
under this Act, reclamation activities shall begin im-
mediately. 
(b) OPERATION AND RECLAMATION STANDARDS.— 
(1) IN GENERAL.—The Secretary and the Sec-
retary of Agriculture shall jointly issue regulations 
that establish operations and reclamation standards 
for mineral activities permitted under this Act and 
may determine whether outcome-based performance 
standards or technology-based design standards are 
most appropriate. 
(2) INCLUSIONS.—The regulations required 
under paragraph (1) shall address the following: 
(A) Segregation, protection, and replace-
ment of topsoil or other suitable growth me-
dium, and the prevention, where possible, of soil 
contamination. 
(B) Maintenance of the stability of all sur-
face areas. 
(C) Control of sediments to prevent erosion 
and manage drainage. 
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(D) Minimization of the formation and mi-
gration of acidic, alkaline, metal-bearing, or 
other deleterious leachate. 
(E) Reduction of the visual impact of min-
eral activities to the surrounding topography, 
including as necessary pit backfill. 
(F) Establishment of a diverse, effective, 
and permanent vegetative cover of the same 
seasonal variety native to the area affected by 
mineral activities, and equal in extent of cover 
to the natural vegetation of the area. 
(G) Design and maintenance of leach oper-
ations, impoundments, and excess waste accord-
ing to standard engineering standards to 
achieve and maintain stability and reclamation 
of the site. 
(H) Removal of structures and roads and 
sealing of drill holes. 
(I) Restoration of, or mitigation for, fish 
and wildlife habitat disturbed by mineral activi-
ties. 
(J) Preservation of cultural, paleontolog-
ical, and cave resources. 
(K) Prevention and suppression of fire 
within the area affected by mineral activities. 
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(c) SURFACE OR GROUND WATER WITHDRAWALS.— 
The Secretary concerned shall work with State and local 
governments with authority over the allocation and use of 
surface and ground water in the area around the mine 
site as necessary to ensure that any surface or ground 
water withdrawals made as a result of mineral activities 
approved under this title do not cause undue degradation. 
(d) SPECIAL RULE.—Reclamation activities for a 
mining claim, license, or lease that has been forfeited, re-
linquished, or lapsed, or a plan that has expired or been 
revoked or suspended, shall continue subject to review and 
approval by the Secretary concerned. 
SEC. 308. STATE LAW AND REGULATION. 
(a) STATE LAW.— 
(1) 
RECLAMATION, 
LAND
USE, 
ENVIRON-
MENTAL, AND PUBLIC HEALTH STANDARDS.—Any 
reclamation, land use, environmental, or public 
health protection standard or requirement in State 
law that meets or exceeds the requirements of this 
Act shall not be construed to be inconsistent with 
any such standard. 
(2) BONDING
REQUIREMENTS.—Any bonding 
standard or requirement in State law that meets or 
exceeds the requirements of this Act shall not be 
construed to be inconsistent with such requirements. 
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(3) INSPECTION
STANDARDS.—Any inspection 
standard or requirement in State law that meets or 
exceeds the requirements of this Act shall not be 
construed to be inconsistent with such requirements. 
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.— 
(1) ENVIRONMENTAL STANDARDS.—Nothing in 
this Act may be construed to affect any toxic sub-
stance, solid waste, or air or water quality standard 
or requirement of any State, local, or Tribal law that 
may be applicable to mineral activities on land sub-
ject to this Act. 
(2) WATER RESOURCES.—Nothing in this Act 
may be construed to affect the right of any person 
to enforce or protect, under applicable law, the inter-
est of such person in water resources affected by 
mineral activities on land subject to this Act. 
(c) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—A State may enter into a co-
operative agreement with the Secretary concerned 
for the purpose of the Secretary concerned applying 
such standards and requirements referred to in sub-
sections (a) and (b) to mineral activities or reclama-
tion on land subject to this Act. 
(2) COMMON REGULATORY FRAMEWORK.— 
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