Sec. 303. Exploration permit
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/bill/119/hr/1865/ih/section-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A person may apply for an exploration permit for any mining claim, license, or lease authorizing the applicant to remove a reasonable amount of the hardrock minerals, as defined in the license or lease or established in such regulations as the Secretary shall issue, from the area that is subject to the mining claim, license, or lease, respectively, for analysis, study, and testing. Such permit shall not authorize the applicant to remove any mineral for sale nor to conduct any activities other than those required for exploration for hardrock minerals and reclamation.
To apply for an exploration permit under this section, a person shall submit to the Secretary concerned an application for such permit in a manner determined satisfactory by the Secretary concerned, which shall include— an exploration plan; a reclamation plan for the proposed exploration; and such documentation as is 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 issued by the Secretary and the Secretary of Agriculture by regulation, including the following requirements: The applicant has 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 will conform with the land use plan applicable to the area subject to mineral activities. The area subject to the proposed exploration permit is not included within an area listed in section 111. The applicant has demonstrated that the exploration plan and reclamation plan will be in compliance with the requirements of this Act and all other applicable Federal requirements, and any State requirements agreed to by the Secretary concerned. The applicant has demonstrated that the requirements of section 306 will be met. The applicant is eligible to receive a permit under section 305. An exploration permit shall be for a stated term, which shall be— not greater than that necessary to accomplish the proposed exploration; and in no case for more than 10 years. An exploration permit holder may, during the term of the exploration permit, submit to the Secretary concerned an application to modify such 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 regulation the extent to which requirements for initial exploration permits under this section shall apply to applications to modify an exploration permit based on whether the Secretary concerned determines such modifications are significant or minor. No transfer, assignment, or sale of rights granted by an exploration permit issued under this section may be made without the prior written approval of the Secretary concerned. The Secretary concerned shall allow an exploration permit holder to transfer, assign, or sell rights under such permit to a successor, if the Secretary concerned finds in writing that the successor— is eligible to receive a permit under section 304; has submitted evidence of financial assurance satisfactory under section 306; and meets any other requirements specified by the Secretary concerned. The successor in interest shall assume the liability and reclamation responsibilities established by the existing exploration permit and shall conduct the mineral activities in full compliance with this Act, and the terms and conditions of the exploration permit as in effect at the time of transfer, assignment, or sale. Each application for approval of an exploration permit transfer, assignment, or sale pursuant to this subsection shall be accompanied by a fee payable to the Secretary concerned in such amount as may be established by the Secretary concerned, which shall be equal to the actual or anticipated cost to the Secretary concerned of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by the Secretary concerned.