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; 
(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. 
(f) TEMPORARY CESSATION OF OPERATIONS.— 
(1) An operator conducting mineral activities 
under an operations permit in effect under this sub-
VerDate Mar 15 2010 
00:57 Jun 26, 2013
Jkt 029200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
jbell on DSK7SPTVN1PROD with BILLS
title may not temporarily cease mineral activities for 
a period greater than 180 days unless the Secretary 
concerned has approved such temporary cessation or 
unless the temporary cessation is permitted under 
the original permit. Any operator temporarily ceas-
ing 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, be-
fore the expiration of such 90-day period, a complete 
application for temporary cessation of operations to 
the Secretary concerned for approval unless the tem-
porary cessation is permitted under the original per-
mit. 
(2) An application for approval of temporary 
cessation of operations shall include such informa-
tion required under subsection (b) and any other 
provisions prescribed by the Secretary concerned to 
minimize impacts on the environment. After receipt 
of a complete application for temporary cessation of 
operations such Secretary shall conduct an inspec-
tion of the area for which temporary cessation of op-
erations has been requested. 
(3) To approve an application for temporary 
cessation of operations, the Secretary concerned 
shall make each of the following determinations: 
VerDate Mar 15 2010 
00:57 Jun 26, 2013
Jkt 029200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
jbell on DSK7SPTVN1PROD with BILLS
(A) A determination that the methods for 
securing surface facilities and restricting access 
to the permit area, or relevant portions thereof, 
will effectively ensure against hazards to the 
health and safety of the public and fish and 
wildlife. 
(B) A determination that reclamation is in 
compliance with the approved reclamation plan, 
except in those areas specifically designated in 
the application for temporary cessation of oper-
ations for which a delay in meeting such stand-
ards is necessary to facilitate the resumption of 
operations. 
(C) A determination that the amount of fi-
nancial assurance filed with the permit applica-
tion is sufficient to assure completion of the 
reclamation activities identified in the approved 
reclamation plan in the event of forfeiture. 
(D) A determination that any outstanding 
notices of violation and cessation orders in-
curred in connection with the plan for which 
temporary cessation is being requested are ei-
ther stayed pursuant to an administrative or ju-
dicial appeal proceeding or are in the process of 
VerDate Mar 15 2010 
00:57 Jun 26, 2013
Jkt 029200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
jbell on DSK7SPTVN1PROD with BILLS