Sec. 112. Suitability determination
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/bill/115/hr/5753/ih/section-112A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary concerned shall make each determination of whether lands are suitable for mineral activities that is otherwise required by this Act, in accordance with subsection (b). The Secretary concerned shall consider lands suitable for mineral activities if the Secretary concerned finds that such activities would not result in significant, permanent, and irreparable damage to a special characteristic described in paragraph
(2)that cannot be prevented by the imposition of conditions in the permit required for such activities under title II. For purposes of paragraph
(1)the Secretary concerned shall consider each of the following to be a special characteristic: The existence of a significant water resource or supply in or associated with such lands, including any aquifer or aquifer recharge area. The presence on such lands of a publicly owned place that is listed on, or determined by the Secretary of the Interior to be eligible for listing on, the National Register of Historic Places. The designation of all or any portion of such lands, or any adjacent lands, as a National Conservation System unit. The designation of all or any portion of such lands, or any adjacent lands, as critical habitat under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). The designation of all or any portion of such lands as a class I area under section 162 of the Clean Air Act ( 42 U.S.C. 7472 ). The presence of such other resource values as the Secretary concerned may by rule specify, determined based upon field testing that verifies such values. The designation of such lands, or adjacent lands, as a Research Natural Area. The presence on such lands of a sacred site of an Indian tribe, as those terms are defined in Executive Order 13007, or other cultural and religious values. A determination under this subsection of suitability for mineral activities shall be made after publication of notice and an opportunity for submission of public comment for a period of not less than 60 days. Any determination made in accordance with this subsection with respect to lands shall be incorporated into each Federal land use plan applicable to such lands, at the time such plan is adopted, revised, or significantly amended pursuant to any Federal law other than this Act. Nothing in this section shall be construed as affecting lands on which mineral activities were being conducted on the date of enactment of this Act under an approved plan of operations or under notice.
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