Mining permits

(a) In general Except as provided in section 501(a)(2), a mining permit shall be required prior to conducting mineral activities on Federal land, other than casual use or exploration on the Federal land. (b) Requirements To be eligible for a mining permit, a person shall submit to the Secretary concerned, in a manner prescribed by the Secretary concerned, an application for a mining permit that contains— (1) a description of the condition of the land and water resources of the area before mining activities are initiated; (2) an operations plan demonstrating that— (A) the applicant will operate in accordance with this Act and applicable regulations; (B) the formation of acid mine drainage will be avoided to the maximum extent practicable; and (C) mineral activities will be conducted in a manner that uses best management practices; (3) a description of potential impacts to groundwater and surface water, including appropriate hydrological assessments and analyses, as reasonably required by the Secretary; (4) a reclamation plan for the proposed mineral activities demonstrating that the applicant will conduct reclamation activities in accordance with section 306; (5) evidence of adequate financial assurance under section 304, including, if required, a trust fund as required under section 304(i); (6) the necessary documentation to demonstrate that the proposed mineral activities will comply with applicable Federal and State environmental laws (including regulations); (7) a monitoring and evaluation plan to ensure compliance with reclamation and other requirements of this Act; and (8) any other relevant information determined by the Secretary concerned to be necessary to satisfy the requirements of this Act and other applicable law. (c) Permit issuance (1) Approval (A) In general Subject to subparagraph (B), the Secretary concerned shall approve a permit application and issue a mining permit if the Secretary concerned determines that the application is in compliance with— (i) this Act; (ii) any regulations promulgated under this Act; and (iii) other applicable laws. (B) Conditions The Secretary concerned may reasonably condition the approval of such a permit to satisfy the requirements of this Act and applicable regulations. (2) Denial The Secretary concerned shall deny the issuance of a mining permit if the Secretary concerned determines that the permit does not meet the requirements of— (A) this Act; (B) any regulations promulgated under this Act; or (C) other applicable laws. (3) Notice Before approving or denying a mining permit under this subsection, the Secretary concerned— (A) shall provide public notice and an opportunity for written comment; and (B) may hold a public hearing. (d) Term of permit; continuation (1) In general An operations permit shall— (A) be for a term of 30 years; and (B) continue for so long thereafter as locatable minerals are produced in commercial quantities from the permit area in compliance with the requirements of this Act and other applicable law. (2) Continuation No permit shall expire because operations or production have ceased pursuant to an approved temporary cessation or been suspended pursuant to any order of, or with the consent of, the Secretary concerned. (e) Modifications to permit (1) Request from permit holder (A) In general A mining permit holder may submit to the Secretary concerned an application to modify the mining permit. (B) Approval (i) In general In determining whether to approve or disapprove a proposed modification to a mining permit, the Secretary concerned shall make the same determinations as are required in the case of an original mining permit. (ii) Exceptions Clause (i) shall not apply to minor modifications to a mining permit or instances in which the nature of the modifications make compliance with the requirements unnecessary, as determined by the Secretary concerned. (2) Modifications from Secretary concerned (A) In general 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. (B) Requirements for determination A determination under subparagraph (A) shall be— (i) based on a written finding; and (ii) subject to notice and hearing requirements established by the Secretary concerned. (f) Land use fees (1) In general In the case of Federal land included in a mining permit approved under this section after the date of enactment of this Act, or Federal land added pursuant to a modification to a permit or plan of operations if the modification is approved after the date of enactment of this Act, not later than August 31 of each year, the operator shall pay a land use fee in an amount established by the Secretary by regulation that is equal to 4 times the claim maintenance fee imposed under section 102(a)(1) for each 20 acres of Federal land that is included within the mine permit area. (2) Additional fee The land use fee imposed under this subsection shall be in addition to the claim maintenance fees imposed under section 102(a). (3) Authorized activities Upon approval by the Secretary concerned of a mining permit and upon payment of the land use fee as required by this subsection, the operator may use and occupy all Federal land within the mine permit area for such uses as are approved in the mining permit if the uses are undertaken in accordance with all applicable law. (4) Adjustment Land use fees imposed under this subsection shall be adjusted as necessary to correspond to any adjustment in the claim maintenance fees imposed under section 102(a). (5) Disposition of funds Any amounts received under this subsection shall be deposited in the Fund. (g) Temporary cessation of operations (1) In general An operator conducting mineral activities under this title may not temporarily cease mineral activities for a period of greater than 180 days unless— (A) the Secretary concerned has approved the temporary cessation; or (B) the temporary cessation is permitted under the exploration or mining permit. (2) Multiple temporary cessations The Secretary concerned may approve more than 1 temporary cessation for mineral activities under a permit. (3) Interim management plan Any operator temporarily ceasing mineral activities shall follow an interim management plan approved by the Secretary concerned.