(a) Upon submission of a preproject evaluation form, the Committee shall review the operation. If the operation site is within the external boundaries of the Yurok Reservation, the Committee shall perform an initial field review (review process detailed in Diagram 1). If the project appears feasible, the Committee will request that a full application and a nonrefundable application fee set pursuant to YTC 21.30.140 be submitted to the Planning Department. The Committee shall review the permit application and the mining and reclamation plan. The Committee shall identify relevant Tribal departments to perform a feasibility study of the operation to be submitted to the Committee for review.

(b) Upon completing review of the application and any feasibility studies, the Committee shall request additional information or issue a preliminary recommendation. The Committee shall schedule a public hearing within 30 days of issuing its recommendation. Such public hearing shall be held by the Committee for the purpose of deciding whether to recommend issuance of a permit for the proposed surface mining operation.

(c) Following a 30-day public comment period, Council shall review the application and issue its decision to conditionally approve or deny the application. If conditionally approved, applicant shall pay cultural, environmental, and any other permitting fees required by a Tribal department and any deposit specified by the Committee or Council. Following the completion of the cultural and environmental review processes, the Committee will review all reports and make its recommendations to Council, which shall make a final decision to approve or deny the permit.

(d) If a permit is issued by Council and prior to beginning any work, applicant shall be responsible for payment of any performance bond or deposit specified in the permit. Applicant shall be responsible for quarterly severance fees as applicable and specified in the permit. Applicant shall reimburse the Tribe for all costs associated with initial and quarterly topographic surveys to assess quantity of material removed.

(e) As a condition of approval for a permit and mining and reclamation plan, the Committee shall set a schedule for periodic inspections of the site to evaluate continuing compliance with the permit, mining and reclamation plan, and applicable regulations. The Committee may conduct or cause to be conducted unannounced spot checks pursuant to the provisions of YTC 21.30.200.

(f) Mining permits shall be granted by Council for a period of not less than two years and not more than 15 years. The Committee shall recommend a permit term to Council based on the life expectancy of the operation and any special circumstances related to the operation. The term of the permit is a discretionary decision of Council. [Ord. 27 § 6013, adopted, 6/27/2012.]