Sec. 134. Operations permit
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Any claim holder that is in compliance with the general mining laws and section 113 of this title may apply to the Secretary, or for National Forest System lands, the Secretary of Agriculture, for an operations permit authorizing the claim holder to carry out mineral activities, other than casual use, on— any valid mining claim, valid millsite claim, or valid tunnel site claim; and such additional Federal land as the Secretary may determine is necessary to conduct the proposed mineral activities, if the operator obtains a right-of-way permit for use of such additional lands under title V of the Federal 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.
If the Secretary decides to issue such permit, the permit shall include such terms and conditions as prescribed by such Secretary to carry out this subtitle. An application 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 with applicable Federal and State environmental laws and regulations.
If the proposed mineral activities will be carried 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. After providing for public participation pursuant to subsection (i), the Secretary, or for National Forest System lands the Secretary of Agriculture, shall issue an operations permit if such Secretary 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:
The permit application, including the site characterization data, operations plan, and reclamation plan, are complete and accurate and sufficient for developing a good understanding of the anticipated impacts of the mineral activities and the effectiveness of proposed mitigation and control. The applicant has demonstrated that the proposed reclamation in the operation and reclamation plan can be and is likely to be accomplished by the applicant and will not cause undue degradation.
The condition of the land, including the fish and wildlife resources and habitat contained 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 productive use. The area subject to the proposed plan is open to location for the types of mineral activities proposed. The proposed operation has been designed to prevent material damage to the hydrologic balance.
The applicant will fully comply with the requirements of section 136 (relating to financial assurance) prior to the initiation of operations. 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. The reclamation plan demonstrates that 10 years following mine closure, no treatment of surface or ground water will be required to meet water quality standards at the point of discharge.
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 Protection Agency prior to the issuance of an operations permit. The Administrator shall ensure that the reclamation plan does not require activities that would increase the costs or likelihood of removal or remedial 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. ). An operations permit— shall be for a term that is no longer than the shorter of— the period necessary to accomplish the proposed mineral activities subject to the permit; and 20 years; and shall be renewed for an additional 20-year period if the operation is in compliance with the requirements of this title and other applicable law. Failure by the operator to commence mineral 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 section 121. During the term of an operations permit the operator may submit an application to modify the permit (including the operations plan or reclamation plan, or both). The Secretary, or for National Forest System lands the Secretary of Agriculture, may, at any time, require reasonable modification to any operations plan or reclamation plan upon a determination that the requirements of this title cannot be met if the plan is followed as approved. Such determination shall be based on a written finding and subject to public notice and hearing requirements established by the Secretary concerned. A permit modification is required before changes are made to the approved plan of operations, or if unanticipated events or conditions exist on the mine site, including in the case of— development of acid or toxic drainage; loss of springs or water supplies; water quantity, water quality, or other resulting water impacts that are significantly different than those predicted in the application; the need for long-term water treatment; significant reclamation difficulties or reclamation failure; the discovery of significant scientific, cultural, or biological resources that were not addressed in the original plan; or the discovery of hazards to public safety. An operator conducting mineral activities under an operations permit in effect under this subtitle 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 ceasing 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, before the expiration of such 90-day period, a complete application for temporary cessation of operations to the Secretary concerned for approval unless the temporary cessation is permitted under the original permit. An application for approval of temporary cessation of operations shall include such information 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 inspection of the area for which temporary cessation of operations has been requested. To approve an application for temporary cessation of operations, the Secretary concerned shall make each of the following determinations: 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. 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 operations for which a delay in meeting such standards is necessary to facilitate the resumption of operations. A determination that the amount of financial assurance filed with the permit application is sufficient to assure completion of the reclamation activities identified in the approved reclamation plan in the event of forfeiture. A determination that 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 satisfaction of the Secretary concerned. The Secretary, or for National 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 written finding, such Secretary shall require the operator to take such actions as the Secretary deems necessary to assure that mineral activities conform to the permit, including adjustment of financial assurance requirements. 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. The Secretary, or for National Forest System 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 Secretary finds, in writing, that the successor— has submitted information required and is eligible to receive a permit in accordance with section 135; has submitted evidence of financial assurance satisfactory under section 136; and meets any other requirements specified by such Secretary. The successor in interest shall assume reclamation and other 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, 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 disapproving such transfer, assignment, or sale, as determined by such Secretary. The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations to ensure transparency and public participation in permit decisions required under this title, consistent with any requirements 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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