Sec. 307. Operation and reclamation
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/bill/119/hr/1865/ih/section-307A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An operator shall reclaim land subject to mineral activities carried out under a permit issued under this title to a condition capable of supporting— the uses which such land was capable of supporting before surface disturbance by the operator; or other beneficial uses which conform to applicable land use plans as determined by the Secretary concerned. Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities, and in the case of a cessation of mineral activities beyond that provided for as a temporary cessation under this Act, reclamation activities shall begin immediately.
The Secretary and the Secretary of Agriculture shall jointly issue regulations that establish operations and reclamation standards for mineral activities permitted under this Act and may determine whether outcome-based performance standards or technology-based design standards are most appropriate. The regulations required under paragraph
(1)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 within the area affected by mineral activities. The Secretary concerned shall work with State and local governments with authority over the allocation and use of surface and ground water in the area around the mine site as necessary to ensure that any surface or ground water withdrawals made as a result of mineral activities approved under this title do not cause undue degradation. Reclamation activities for a mining claim, license, or lease 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 concerned.