Sec. 133. Exploration permit
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/bill/113/hr/2467/ih/section-133A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any claim holder may apply for an exploration permit for any mining claim authorizing the claim holder to remove a reasonable amount of the locatable minerals from the claim for analysis, study and testing. Such permit shall not authorize the claim holder to remove any mineral for sale nor to conduct any activities other than those required for exploration for locatable minerals and reclamation. An application for an exploration permit under this section shall be submitted in a manner satisfactory to the Secretary or, for National Forest System lands, the Secretary of Agriculture, and shall contain an exploration plan, a reclamation plan for the proposed exploration, and such documentation as necessary to ensure compliance with applicable Federal and State environmental laws and regulations.
The reclamation plan required to be included in a permit application under subsection
(b)shall include such provisions as may be jointly prescribed by the Secretary and the Secretary of Agriculture. The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall issue an exploration permit pursuant to an application under this section unless such Secretary makes any of the following determinations: The permit application, the exploration plan and reclamation plan are not complete and accurate. The applicant has not demonstrated that proposed reclamation can be accomplished. The proposed exploration activities and condition of the land after the completion of exploration activities and final reclamation would not conform with the land use plan applicable to the area subject to mineral activities. The area subject to the proposed permit is included within an area not open to location under section 121. The applicant has not demonstrated that the exploration plan and reclamation plan will be in compliance with the requirements of this title and all other applicable Federal requirements, and any State requirements agreed to by the Secretary of the Interior (or Secretary of Agriculture, as appropriate). The applicant has not demonstrated that the requirements of section 136 (relating to financial assurance) will be met. The applicant is ineligible to receive a permit as determined under section 135. An exploration permit shall be for a stated term. The term shall be no greater than that necessary to accomplish the proposed exploration, and in no case for more than 10 years. During the term of an exploration permit, the permit holder may submit an application to modify the permit. To approve a proposed modification to the permit, the Secretary concerned shall make the same determinations as are required in the case of an original permit, except that the Secretary and the Secretary of Agriculture may specify by joint rule the extent to which requirements for initial exploration permits under this section shall apply to applications to modify an exploration permit based on whether such modifications are deemed significant or minor. No transfer, assignment, or sale of rights granted by a permit issued under this section shall be made without the prior written approval of the Secretary or for National Forest System lands, the Secretary of Agriculture. Such Secretary shall allow a person holding a permit to transfer, assign, or sell rights under the permit to a successor, if the Secretary finds, in writing, that the successor— is eligible to receive a permit in accordance with section 134(d); has submitted evidence of financial assurance satisfactory under section 136; and meets any other requirements specified by the Secretary. The successor in interest shall assume the liability and reclamation responsibilities established by the existing permit and shall conduct the mineral activities 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. Each application for approval of a permit transfer, assignment, or sale pursuant to this subsection shall be accompanied by a fee payable to the Secretary of the Interior in such amount as may be established by such Secretary. Such amount shall be equal to the actual or anticipated cost to the Secretary or the Secretary of Agriculture, as appropriate, of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by the Secretary of the Interior.