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Code · BILL · 119th Congress · H.R. 1865 (Introduced in House) — To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of... · Sec. 503

Sec. 503. Inspection and monitoring

669 words·~3 min read·/bill/119/hr/1865/ih/section-503

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Secretary concerned shall conduct inspections of mineral activities so as to ensure compliance with the requirements of this Act. The Secretary concerned shall establish a frequency of inspections for mineral activities conducted under a permit issued under title III, but in no event shall such inspection frequency be less than 1 complete inspection per calendar quarter or, in the case of a permit for which the Secretary concerned approves an application under section 304(f), 2 per calendar quarter.
After revegetation has been completed in accordance with a reclamation plan, the Secretary concerned shall conduct 2 complete inspections annually. The Secretary concerned may modify the inspection frequency for mineral activities that are conducted on a seasonal basis. Inspections shall continue under this subsection until final release of financial assurance. Any person that has reason to believe such person is or may be adversely affected by mineral activities due to any violation of the requirements of a permit approved under this Act may request an inspection under this section of such mineral activities.
Not later than 30 business days after the date the Secretary concerned receives a request under subparagraph (A), the Secretary concerned shall determine whether the request states a reason to believe that a violation exists. If, in a request submitted under subparagraph (A), a person alleges and provides reason to believe that an imminent threat to the environment or danger to the health or safety of the public exists, subparagraph
(B)shall not apply and the inspection shall be conducted immediately. The Secretary concerned shall notify the person that submitted a request under subparagraph
(A)when an inspection is conducted pursuant to such request, and such person may accompany the Secretary concerned during the inspection. The Secretary concerned shall not incur any liability for granting a request to allow any person to accompany such Secretary concerned under subparagraph (D). If a person that submits a request under subparagraph
(A)or
(C)requests that the identity of such person remain confidential, the Secretary concerned shall keep such information confidential unless such person accompanies the Secretary concerned during the inspection under subparagraph (D). The Secretary and the Secretary of Agriculture shall jointly issue regulations to establish procedures for the review of— any decision by an authorized representative of such Secretaries not to carry out an inspection under this paragraph; or any refusal by such authorized representative to ensure that remedial actions are taken with respect to any alleged violation. The Secretary concerned shall give a person that submits a request under subparagraph
(A)a written statement of the reasons for the final disposition of the request. The Secretary concerned shall require all operators to develop and maintain a monitoring and evaluation system that shall identify compliance with all requirements of a permit issued under this Act. The Secretary concerned may require an operator to conduct additional monitoring as necessary to ensure compliance with the reclamation and other environmental standards of this Act. Such monitoring and evaluation system described in subparagraph
(A)and any additional monitoring required by this subparagraph is subject to the approval of the Secretary. An operator shall file reports with the Secretary concerned, on a frequency and containing such information as determined by the Secretary concerned, regarding the results of the monitoring and evaluation system, except that if the monitoring and evaluation system shows a violation of the requirements of a permit issued under this Act, the operator shall immediately report such violation to the Secretary concerned. The Secretary concerned shall evaluate the reports submitted pursuant to this paragraph, and, based on such reports and any necessary inspection, shall take enforcement action pursuant to section 506. The Secretary concerned and each operator shall both maintain each report submitted by such operator under this paragraph and make each such report available to the public. If an operator fails to file a report as required under this section such failure shall constitute a violation of this Act and subject the operator to enforcement action pursuant to section 506.
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