System lands, the Secretary of Agriculture, for an 
operations permit authorizing the claim holder to 
carry out mineral activities, other than casual use, 
on— 
(A) any valid mining claim, valid millsite 
claim, or valid tunnel site claim; and 
(B) such additional Federal land as the 
Secretary may determine is necessary to con-
duct the proposed mineral activities, if the oper-
ator obtains a right-of-way permit for use of 
such additional lands under title V of the Fed-
eral Land Policy and Management Act of 1976 
(43 U.S.C. 1761 et seq.) and agrees to pay all 
fees required under that title for the permit 
under that title. 
(2) If the Secretary decides to issue such permit, the 
permit shall include such terms and conditions as pre-
scribed by such Secretary to carry out this subtitle. 
(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 
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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. 
(c) PERMIT ISSUANCE OR DENIAL.— 
(1) After providing for public participation pur-
suant to subsection (i), the Secretary, or for Na-
tional Forest System lands the Secretary of Agri-
culture, shall issue an operations permit if such Sec-
retary makes each of the following determinations in 
writing, and shall deny a permit if such Secretary 
finds that the application and applicant do not fully 
meet the following requirements: 
(A) The permit application, including the 
site characterization data, operations plan, and 
reclamation plan, are complete and accurate 
and sufficient for developing a good under-
standing of the anticipated impacts of the min-
eral activities and the effectiveness of proposed 
mitigation and control. 
(B) The applicant has demonstrated that 
the proposed reclamation in the operation and 
reclamation plan can be and is likely to be ac-
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complished by the applicant and will not cause 
undue degradation. 
(C) The condition of the land, including 
the fish and wildlife resources and habitat con-
tained thereon, after the completion of mineral 
activities and final reclamation, will conform to 
the land use plan applicable to the area subject 
to mineral activities and are returned to a pro-
ductive use. 
(D) The area subject to the proposed plan 
is open to location for the types of mineral ac-
tivities proposed. 
(E) The proposed operation has been de-
signed to prevent material damage to the hy-
drologic balance. 
(F) The applicant will fully comply with 
the requirements of section 136 (relating to fi-
nancial assurance) prior to the initiation of op-
erations. 
(G) Neither the applicant nor operator, nor 
any subsidiary, affiliate, or person controlled by 
or under common control with the applicant or 
operator, is ineligible to receive a permit under 
section 135. 
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(H) The reclamation plan demonstrates 
that 10 years following mine closure, no treat-
ment of surface or ground water will be re-
quired to meet water quality standards at the 
point of discharge. 
(2) With respect to any activities specified in 
the reclamation 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 et seq.), the Secretary shall consult 
with the Administrator of the Environmental Protec-
tion Agency prior to the issuance of an operations 
permit. The Administrator shall ensure that the rec-
lamation plan does not require activities that would 
increase the costs or likelihood of removal or reme-
dial actions under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) or corrective actions under 
the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.). 
(d) TERM OF PERMIT; RENEWAL.— 
(1) An operations permit— 
(A) shall be for a term that is no longer 
than the shorter of— 
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(i) the period necessary to accomplish 
the proposed mineral activities subject to 
the permit; and 
(ii) 20 years; and 
(B) shall be renewed for an additional 20- 
year period if the operation is in compliance 
with the requirements of this title and other ap-
plicable law. 
(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 121. 
(e) 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). 
(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 title cannot be met 
if the plan is followed as approved. Such determina-
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