being abated to the satisfaction of the Secretary 
concerned. 
(g) PERMIT REVIEWS.—The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture, 
shall review each permit issued under this section every 
10 years during the term of such permit, shall provide 
public notice of the permit review, and, based upon a writ-
ten finding, such Secretary shall require the operator to 
take such actions as the Secretary deems necessary to as-
sure that mineral activities conform to the permit, includ-
ing adjustment of financial assurance requirements. 
(h) 
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 Sys-
tem 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 Sec-
retary finds, in writing, that the successor— 
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(A) has submitted information required 
and is eligible to receive a permit in accordance 
with section 135; 
(B) has submitted evidence of financial as-
surance satisfactory under section 136; and 
(C) meets any other requirements specified 
by such Secretary. 
(3) The successor in interest shall assume rec-
lamation and other responsibilities established by the 
existing permit and shall conduct the mineral activi-
ties in full compliance with this title, 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 
transfer, assignment, or sale pursuant to this sub-
section shall be accompanied by a fee payable to the 
Secretary of the Interior, or for National Forest 
System lands, the Secretary of Agriculture, in such 
amount as may be established 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 dis-
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approving such transfer, assignment, or sale, as de-
termined by such Secretary. 
(i) PUBLIC PARTICIPATION.—The Secretary of the 
Interior and the Secretary of Agriculture shall jointly pro-
mulgate regulations to ensure transparency and public 
participation in permit decisions required under this title, 
consistent with any requirements that apply to such deci-
sions under section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332). 
SEC. 135. PERSONS INELIGIBLE FOR PERMITS. 
(a) CURRENT VIOLATIONS.—Unless corrective action 
has been taken in accordance with subsection (c), no per-
mit under this subtitle 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 title or any regulation 
under this title. 
(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 
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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.) 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 Sys-
tem lands the Secretary of Agriculture, may issue or 
reinstate a permit under this subtitle if the applicant 
submits proof that the violation referred to in sub-
section (a) or (b) has been corrected or is in the 
process of being corrected to the satisfaction of such 
Secretary and the regulatory authority involved or if 
the applicant submits proof that the violator has 
filed and is presently pursuing, a direct administra-
tive or judicial appeal to contest the existence of the 
violation. For purposes of this section, an appeal of 
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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 conditionally approved or conditionally rein-
stated, as the case may be. If the violation is not 
successfully abated or the violation is upheld on ap-
peal, the permit shall be suspended or revoked. 
(d) PATTERN OF WILLFUL VIOLATIONS.—No permit 
under this title may be issued to any applicant if there 
is a demonstrated pattern of willful violations of the envi-
ronmental protection requirements of this title by the ap-
plicant, any affiliate of the applicant, or the operator or 
claim holder if different than the applicant. 
SEC. 136. FINANCIAL ASSURANCE. 
(a) FINANCIAL ASSURANCE REQUIRED.— 
(1) Subject to public notice and comment, and 
after a permit is issued under this subtitle and be-
fore any exploration or operations begin under the 
permit, 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. The financial assurance shall 
be provided in the form of a surety bond, a trust 
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fund, letters of credits, government securities, cer-
tificates of deposit, cash, or an equivalent form ap-
proved by such Secretary. 
(2) The financial assurance shall cover all lands 
within the initial permit area and all affected waters 
that may require restoration, treatment, or other 
management as a result of mineral activities, and 
shall be extended to cover all lands and waters 
added pursuant to any permit modification made 
under section 133(f) (relating to exploration per-
mits) or section 134(e) (relating to operations per-
mits), or affected by mineral activities. 
(b) AMOUNT.—The amount of the financial assur-
ance required under this section shall be sufficient to as-
sure the completion of reclamation and restoration satis-
fying the requirements of this title if the work were to 
be performed by the Secretary concerned in the event of 
forfeiture, including the construction and maintenance 
costs for any treatment facilities necessary to meet Fed-
eral and State environmental requirements. The calcula-
tion of such amount shall take into account the maximum 
level of financial exposure which shall arise during the 
mineral activity and administrative costs associated with 
a government agency reclaiming the site. 
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(c) DURATION.—The financial assurance required 
under this section shall be held for the duration of the 
mineral activities and for an additional period to cover the 
operator’s responsibility for reclamation, restoration, and 
long-term maintenance, and effluent treatment as speci-
fied in subsection (g). 
(d) ADJUSTMENTS.—The amount of the financial as-
surance and the terms of the acceptance of the assurance 
may be adjusted by the Secretary concerned from time to 
time as the area requiring coverage is increased or de-
creased, or where the costs of reclamation or treatment 
change, or pursuant to section 134(f) (relating to tem-
porary cessation of operations), but the financial assur-
ance shall otherwise be in compliance with this section. 
The Secretary concerned shall review the financial guar-
antee every 3 years and as part of the permit application 
review under section 134(c). 
(e) RELEASE.—Upon request, and after notice and 
opportunity for public comment, and after inspection by 
the Secretary, or for National Forest System lands, the 
Secretary of Agriculture, such Secretary may, after con-
sultation with the Administrator of the Environmental 
Protection Agency, release in whole or in part the financial 
assurance required under this section if the Secretary 
makes both of the following determinations: 
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