Page:United States Statutes at Large Volume 107 Part 1.djvu/89

 PUBLIC LAW 103-23—APR. 16, 1993 107 STAT. 63 the Secretary shall disapprove the plan and notify both the surface owner and the person submitting the plan of the decision. "(C) The 60-day period referred to in subparagraph (A) may be extended by the Secretary where additional time is required to comply with other applicable requirements of law. "(D) The Secretary shall suspend or revoke a plan of operation whenever the Secretary determines, on the Secretary's own motion or on a motion made by the surface owner, that the person conducting mineral activities is in substantial noncompliance with the terms and conditions of an approved plan of operations and has failed to remedy a violation after notice from the Secretary within the time required by the Secretary. "(4) Final approval of a plan of operations under this subsection shall be conditioned upon compliance with subsections (e) and (g). "(g) FEE.— The fee referred to in subsection (fKD shall be— "(1) paid to the surface owner by the person submitting the plan of operations; "(2) paid in advance of any mineral activities or at such other time or times as may be agreed to by the surface owner and the person conducting such activities; and "(3) established by the Secretary taking into account the acreage involved and the degree of potential disruption to existing surface uses during mineral activities (including the loss of income to the surface owner and such surface owner's operations due to the loss or impairment of existing surface uses for the duration of the mineral activities), except that such fee shall not exceed the fair market value for the surface of the land. "(h) RECLAMATION.— Lands affected by mineral activities under a plan of operations approved pursuant to subsection (f)(3) shall be reclaimed, to the maximum extent practicable, to a condition capable of supporting the uses to which such lands were capable of supporting prior to surface disturbance. Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities. "(i) STATE LAW.— (1) Nothing in this Act shall be construed as affecting any reclamation, bonding, inspection, enforcement, air or water quality standard or requirement of any State law or regulation which may be applicable to mineral activities on lands subject to this Act to the extent that such law or regulation is not inconsistent with this title. "(2) Nothing in this Act shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, the interest of such person in water resources affected by mineral activities. "(j) INSPECTIONS. —Should any surface owner of land subject to this Act have reason to believe that they are or may be adversely affected by mineral activities due to any violation of the terms and conditions of a plan of operations approved under subsection (f), such surface owner may request an inspection of such lands. The Secretary shall determine within 10 days of the receipt of the request whi^ther the request states a reason to believe that a violation exists, except in the event the surface owner alleges and provides /reason to believe that an imminent danger exists, the 10-day period shall be waived and the inspection conducted immediately.' When an inspection is conducted under this para-

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