Sec. 302. Exploration permits
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Except as provided in section 501(a)(2), an exploration permit shall be required prior to conducting any exploration activities on Federal land that involve more than the casual use of the Federal land. An exploration permit under subsection
(a)shall not authorize the person to— remove any mineral for sale; or conduct any activity other than an activity required for— exploration for locatable minerals; or reclamation. To be eligible for an exploration permit, a person shall submit to the Secretary concerned, in a manner prescribed by the Secretary concerned, an application for an exploration permit that contains— an exploration plan demonstrating that— the applicant will operate in accordance with this Act and applicable regulations; the formation of acid mine drainage will be avoided to the maximum extent practicable; and mineral activities will be conducted in a manner that uses best management practices; a description of potential impacts to groundwater and surface water, including appropriate hydrological assessments and analyses, as reasonably required by the Secretary; a reclamation plan for the proposed exploration activity demonstrating that the applicant will conduct reclamation activities in accordance with section 306; evidence of adequate financial assurance in accordance with section 304; the necessary documentation to demonstrate that the proposed exploration activity will comply with applicable Federal and State environmental laws (including regulations); a monitoring and evaluation plan to ensure compliance with reclamation and other requirements of this Act; and any other relevant information determined by the Secretary to be necessary to satisfy the requirements of this Act and other applicable law. Subject to subparagraph (B), the Secretary concerned shall approve an application and issue an exploration permit if the Secretary concerned determines that the application is in compliance with— this Act; any regulations promulgated under this Act; and any other applicable laws. The Secretary concerned may reasonably condition the approval of such a permit to satisfy the requirements of this Act and applicable regulations. The Secretary concerned shall deny the issuance of an exploration permit if the Secretary concerned determines that the permit does not meet the requirements of— this Act; any regulations promulgated under this Act; or other applicable laws. Before approving or denying an exploration permit under this subsection, the Secretary concerned— shall provide public notice and an opportunity for written comment; and may hold a public hearing. The permit holder may submit to the Secretary concerned an application to modify an exploration permit. In determining whether to approve or disapprove a proposed modification to an exploration permit, the Secretary concerned shall make the same determinations as are required in the case of the original permit. Subparagraph
(A)shall not apply to minor modifications to an exploration permit or instances in which the nature of the modifications make compliance with the requirements unnecessary, as determined by the Secretary concerned. The Secretary concerned may require reasonable modification to any permit on a determination that the requirements of this Act or other applicable law cannot be met if the permit is followed as approved. A determination under subparagraph
(A)shall be— based on a written finding; and subject to notice and hearing requirements established by the Secretary concerned.