Suitability determination

(a) In general In accordance with subsection (b), the Secretary concerned shall make each determination of whether land is suitable for mineral activities that is required by this Act. (b) Suitability (1) In general The Secretary concerned shall consider land suitable for mineral activities if the Secretary concerned finds that such mineral activities would not result in unnecessary or undue degradation to a special characteristic described in paragraph (2) of such land that cannot be prevented by the imposition of conditions in the permit required for such activities under title III. (2) Special characteristics For purposes of paragraph (1), the Secretary concerned shall consider each of the following to be a special characteristic: (A) The existence of a significant water resource or supply in or associated with such land, including any aquifer or aquifer recharge area. (B) The presence on such land, or any adjacent land, of a publicly owned place that is listed on, or determined by the Secretary to be eligible for listing on, the National Register of Historic Places. (C) The designation of all or any portion of such land, or any adjacent land, as a National Conservation System unit. (D) The designation of all or any portion of such land, or any adjacent land, as critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (E) The designation of all or any portion of such land, or any adjacent land, as a class I area under section 162 of the Clean Air Act (42 U.S.C. 7472). (F) The presence of such other resource values as the Secretary concerned may by regulation specify, determined based upon field testing, evaluation, or credible information that verifies such values. (G) The designation of such land, or adjacent land, as a Research Natural Area. (H) The presence on such land, or any adjacent land, of a sacred site. (I) The presence or designation of such land adjacent to land not open to mining pursuant to section 111. (3) Public comment A determination under this subsection of suitability for mineral activities shall be made after publication of notice and an opportunity for submission of public comment for a period of not less than 60 days. (4) Inclusion in Federal land use plan Any determination made in accordance with this subsection with respect to land shall be incorporated into each Federal land use plan applicable to such land, at the time such Federal land use plan is adopted, revised, or significantly amended pursuant to any Federal law other than this Act. (c) Change request The Secretary concerned shall, by regulation, provide an opportunity for any person to request a change in determination for any Federal land found suitable under subsection (a). (d) Existing operations Nothing in this section shall be construed to affect land on which mineral activities were being conducted on the effective date of this Act under an approved plan of operations or under notice.