Sec. 137. Operation and reclamation
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/bill/113/hr/2467/ih/section-137A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The operator shall restore lands subject to mineral activities carried out under a permit issued under this subtitle to a condition capable of supporting— the uses which such lands were capable of supporting prior to surface disturbance by the operator, or other beneficial uses which conform to applicable land use plans as determined by the Secretary, or for National Forest System lands, the Secretary of Agriculture. Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities.
In the case of a cessation of mineral activities beyond that provided for as a temporary cessation under this title, reclamation activities shall begin immediately. The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations that establish operation and reclamation standards for mineral activities permitted under this title. The Secretaries may determine whether outcome-based performance standards or technology-based design standards are most appropriate.
The regulations shall address the following: Segregation, protection, and replacement of topsoil or other suitable growth medium, and the prevention, where possible, of soil contamination. Maintenance of the stability of all surface areas. Control of sediments to prevent erosion and manage drainage. Minimization of the formation and migration of acidic, alkaline, metal-bearing, or other deleterious leachate. Reduction of the visual impact of mineral activities to the surrounding topography, including as necessary pit backfill.
Establishment of a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area affected by mineral activities, and equal in extent of cover to the natural vegetation of the area. Design and maintenance of leach operations, impoundments, and excess waste according to standard engineering standards to achieve and maintain stability and reclamation of the site. Removal of structures and roads and sealing of drill holes. Restoration of, or mitigation for, fish and wildlife habitat disturbed by mineral activities.
Preservation of cultural, paleontological, and cave resources. Prevention and suppression of fire in the area of mineral activities. The Secretary shall work with State and local governments with authority over the allocation and use of surface and groundwater in the area around the mine site as necessary to ensure that any surface or groundwater withdrawals made as a result of mining activities approved under this section do not cause undue degradation or results in material alteration of the hydrologic balance.
Reclamation activities for a mining claim that has been forfeited, relinquished, or lapsed, or a plan that has expired or been revoked or suspended, shall continue subject to review and approval by the Secretary, or for National Forest System lands the Secretary of Agriculture.