Sec. 304. Operations permit
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A person that is in compliance with this Act may apply to the Secretary concerned for an operations permit authorizing the person to carry out mineral activities on— any valid mining claim, millsite, tunnel site, or lease issued under this Act; and such additional Federal land as the Secretary concerned 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 such permit.
The Secretary concerned shall include in each permit issued under this section such terms and conditions as the Secretary concerned determines necessary to carry out this title. To apply for an operations 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 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 land, 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 concerned shall issue an operations permit if the Secretary concerned makes each of the following determinations in writing, and shall deny an operations permit if the Secretary concerned 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, accurate, and sufficient to develop a good understanding of the anticipated impacts of the mineral activities and the effectiveness of proposed mitigation and control of such mineral activities. The applicant has demonstrated that the proposed reclamation in the operations and reclamation plans can be and is likely to be accomplished by the applicant and will not cause unnecessary or undue degradation.
The condition of the land subject to the operations permit, including the fish and wildlife resources and habitat contained thereon, will be fully reclaimed after the completion of mineral activities. The area subject to the proposed plan is not listed in section 111 or otherwise ineligible for mineral activities. The proposed operation has been designed to prevent material damage to the hydrologic balance outside the land subject to the operations permit. The applicant will fully comply with the requirements of section 306 before the initiation of operations.
Neither the applicant nor operator (or any subsidiary or affiliate the applicant or operator) is ineligible to receive a permit under section 305. The reclamation plan demonstrates that 10 years after the end of mineral activities under the operations permit, no treatment of surface or ground water for carcinogens or toxins 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 constitute a removal or remedial action under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ), the Secretary concerned shall consult with the Administrator of the Environmental Protection Agency before the issuance of an operations permit, who shall ensure that the reclamation plan does not require activities that would increase the costs or likelihood of removal or remedial actions under the that Act ( 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 an initial term not longer than the shorter of— the period necessary to accomplish the proposed mineral activities subject to the permit; and the length of time remaining on the hardrock mining lease of the applicant; be renewed for additional 10-year periods if— the operation subject to the permit is in compliance with the requirements of this Act and other applicable law; and the hardrock mining lease of the applicant has been renewed for that 10-year period; and expire 5 years after the commencement of a temporary cessation unless, before the expiration of the 5 years, the operator has filed with the Secretary concerned a request for approval to resume operations. Failure by the operator to commence mineral activities not later than 2 years after 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 111. An operator may, during the term of the operations permit, submit to the Secretary concerned an application to modify such permit or the operations plan or reclamation plan associated with such permit. At any time, the Secretary concerned may require reasonable modification to any operations plan or reclamation plan upon a determination that the requirements of this Act cannot be met if the plan is followed as approved, which shall be based on a written finding and subject to public notice and hearing requirements established by the Secretary concerned. The Secretary concerned may waive the public notice and hearing requirements under subparagraph
(A)in the case of imminent threat to health, safety, or the environment. A permit modification is required before changes are made to the approved operations plan, or if unanticipated events or conditions exist on the land subject to the permit, 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 for the operations permit; the need for long-term water treatment; significant reclamation difficulties or reclamation failure; the discovery of significant scientific or biological resources that were not addressed in the original plan; the discovery of property eligible for listing on the National Register of Historic Places; or the discovery of a hazard to public safety. An operator conducting mineral activities under an operations permit in effect under this title may not temporarily cease mineral activities for a period of more than 180 days unless the Secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original operations permit. An operator that temporarily ceases mineral activities for a period of more than 90 days under an operations permit issued before the effective date 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 operations permit. To apply for an approval of temporary cessation of operations, an operator shall submit to the Secretary concerned such information required under subsection
(b)and any other provisions prescribed by the Secretary concerned to minimize impacts on human health, the environment, or property eligible for listing on the National Register of Historic Places. After receipt of a complete application for temporary cessation of operations, the Secretary concerned shall conduct an inspection of the area for which temporary cessation of operations has been requested. The Secretary concerned may approve an application for temporary cessation of operations if such Secretary determines the following: The methods for securing surface facilities and restricting access to the land subject to the operations permit, or relevant portions thereof, will effectively protect against hazards to the health and safety of the public and fish and wildlife or damage to property eligible for listing on the National Register of Historic Places. 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. The amount of financial assurance filed with the permit application is sufficient to ensure completion of the reclamation activities identified in the approved reclamation plan in the event of forfeiture. 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 concerned shall review each operations permit issued under this section every 10 years during the term of such operations permit, and before approving the resumption of operations under subsection (f), the Secretary concerned shall require the operator to take such actions as the Secretary concerned deems necessary to ensure that mineral activities conform to the operations permit, including adjustment of financial assurance requirements. No transfer, assignment, or sale of rights granted by an operations permit under this section may be made without the prior written approval of the Secretary concerned. The Secretary concerned may allow a permit holder to transfer, assign, or sell rights under the permit to a successor, if the Secretary concerned finds, in writing, that the successor— has submitted all required information and is eligible to receive a permit in accordance with section 305; has submitted evidence of financial assurance satisfactory under section 306; and meets any other requirements specified by the Secretary concerned. The successor described in paragraph
(2)shall assume the liability and reclamation responsibilities established by the existing operations permit and shall conduct the mineral activities in full compliance with this Act and the terms and conditions of the operations permit as in effect at the time of transfer, assignment, or sale. Each application for approval of an operations 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 of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by the Secretary concerned. The Secretary and the Secretary of Agriculture shall jointly issue regulations to ensure transparency and public participation in permit decisions required under this Act, 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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