Page:United States Statutes at Large Volume 107 Part 1.djvu/88

 107 STAT. 62 PUBLIC LAW 103-23—APR. 16, 1993 if such person complies with the requirements of subsections (e) and if). "(e) BOND.— (1) Before the Secretary may authorize any person to conduct mineral activities the Secretary shall require such person to post a bond or other financial guarantee in an amount to insure the completion of reclamation piu'suant to this Act. Such bond or other financial guarantee shall ensiu-e— "(A) payment to the surface owner, after the completion of such mineral activities and reclamation, compensation for any permanent damages to crops and tangible improvements of the surface owner that resulted from mineral activities; and "(B) payment to the surface owner of compensation for any permanent loss of income of the siirface owner due to loss or impairment of grazing, or other uses of the land by the surface owner to the extent that reclamation required by the plan of operations would not permit such uses to continue at the level existing prior to the commencement of mineral activities. "(2) In determining the bond amount to cover permanent loss of income under paragraph (1)(B), the Secretary shall consider, where appropriate, the potential loss of value due to the estimated permanent reduction in utilization of the land. "(f) PLAN OR OPERATIONS.—(1) Before the Secretary may authorize any person to conduct mineral activities on lands subject to this Act, the Secretary shall require such person to submit a plan of operations. Such plan shall include procedures for— "(A) the minimization of damages to crops and tangible improvements of the surface owner; "(B) the minimization of disruption to grazing or other uses of the land by the surface owner; and "(C) payment of a fee for the use of surface during mineral activities equivalent to the loss of income to the ranch operation as established pursuant to subsection (g). "(2) The Secretary shall provide a copy of the proposed plan of operations to the surface owner at least 45 days prior to the date the Secretary makes a determination as to whether such plan complies with the requirements of this subsection. During such 45-day period the siuiace owner may submit comments and recommend modifications to the proposed plan of operations to the Secretary. "(3)(A) The Secretary shall, within 60 days of receipt of the plan, approve the plan of operations if it complies with the requirements of this Act, including each of the following: "(i) The proposed plan of operations is complete and accurate. "(ii) The person submitting the proposed plan of operations has demonstrated that all other applicable Federal and Stote requirements have been met. "(B) The Secretary shall notify the person submitting a plan of operations of any modifications to such plan required to bring it into compliance with the requirements of this Act. If the person submitting the plan agrees to modify such plan in a manner acceptable to the Secretary, the Secretary shall approve the plan as modified. In the event no agreement can be reached on the modifications to the plan which, in the opinion of the Secretary, will bring such plan into compliance with the requirements of this Act, then

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