101 
(ii) any refusal by such representative 
to ensure that remedial actions are taken 
with respect to any alleged violation. 
(H) WRITTEN STATEMENT.—The Secretary 
concerned shall furnish a person requesting a re-
view a written statement of the reasons for the 
Secretary’s final disposition of the case. 
(b) MONITORING.— 
(1) MONITORING SYSTEM.—The Secretary con-
cerned shall require all operators to develop and 
maintain a monitoring and evaluation system that 
shall identify compliance with all requirements of a 
permit approved under this Act. The Secretary con-
cerned may require additional monitoring to be con-
ducted as necessary to assure compliance with the rec-
lamation and other environmental standards of this 
Act. Such plan must be reviewed and approved by the 
Secretary and shall become a part of the explorations 
or operations permit. 
(2) REPORTING REQUIREMENTS.—The operator 
shall file reports with the Secretary concerned, on a 
frequency determined by the Secretary concerned, on 
the results of the monitoring and evaluation process, 
except that if the monitoring and evaluation show a 
violation of the requirements of a permit approved 
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102 
under this Act, it shall be reported immediately to the 
Secretary concerned. The Secretary shall evaluate the 
reports submitted pursuant to this paragraph, and 
based on those reports and any necessary inspection 
shall take enforcement action pursuant to this section. 
Such reports shall be maintained by the operator and 
by the Secretary and shall be made available to the 
public. 
(3) FAILURE TO REPORT.—The Secretary con-
cerned shall determine what information shall be re-
ported by the operator pursuant to paragraph (2). A 
failure to report as required by the Secretary con-
cerned shall constitute a violation of this Act and sub-
ject the operator to enforcement action pursuant to 
section 506. 
SEC. 504. CITIZENS SUITS. 
(a) IN GENERAL.—Except as provided in subsection 
(c), any person may commence a civil action on his or her 
own behalf to compel compliance— 
(1) against any person (including the Secretary 
or the Secretary of Agriculture) who is alleged to be 
in violation of any of the provisions of this Act or 
any regulation promulgated pursuant to this Act or 
any term or condition of any lease, license, or permit 
issued under this Act; or 
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103 
(2) against the Secretary or the Secretary of Ag-
riculture where there is alleged a failure of such Sec-
retary to perform any act or duty under this Act, or 
to promulgate any regulation under this Act, which 
is not within the discretion of the Secretary con-
cerned. 
(b) DISTRICT COURT JURISDICTION.—The United 
States district courts shall have jurisdiction over actions 
brought under this section, without regard to the amount 
in controversy or the citizenship of the parties, including 
actions brought to apply any civil penalty under this Act. 
The district courts of the United States shall have jurisdic-
tion to compel agency action unreasonably delayed, except 
that an action to compel agency action reviewable under 
section 505 may only be filed in a United States district 
court within the circuit in which such action would be re-
viewable under section 505. 
(c) EXCEPTIONS.— 
(1) NOTICE.—No action may be commenced 
under subsection (a) before the end of the 60-day pe-
riod beginning on the date the plaintiff has given no-
tice in writing of such alleged violation to the alleged 
violator and the Secretary concerned, except that any 
such action may be brought immediately after such 
notification if the violation complained of constitutes 
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104 
an imminent threat to the environment or to the 
health or safety of the public or to properties eligible 
for listing on the National Register of Historic Places. 
(2) ON-GOING LITIGATION.—No action may be 
brought against any person other than the Secretary 
or the Secretary of Agriculture under subsection 
(a)(1) if such Secretary has commenced and is dili-
gently prosecuting a civil or criminal action in a 
court of the United States to require compliance. 
(3) EXCEPTION.—No action may be commenced 
under subsection (a)(2) against either Secretary to re-
view any rule promulgated by, or to any permit 
issued or denied by such Secretary if such rule or per-
mit issuance or denial is judicially reviewable under 
section 505 or under any other provision of law at 
any time after such promulgation, issuance, or denial 
is final. 
(d) VENUE.—Venue of all actions brought under this 
section shall be determined in accordance with section 1391 
of title 28, United States Code. 
(e) COSTS.—The court, in issuing any final order in 
any action brought pursuant to this section may award 
costs of litigation (including attorney and expert witness 
fees) to any party whenever the court determines such 
award is appropriate. The court may, if a temporary re-
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105 
straining order or preliminary injunction is sought, require 
the filing of a bond or equivalent security in accordance 
with the Federal Rules of Civil Procedure. 
(f) SAVINGS CLAUSE.—Nothing in this section shall re-
strict any right which any person (or class of persons) may 
have under chapter 7 of title 5, United States Code, under 
this section, or under any other statute or common law to 
bring an action to seek any relief against the Secretary or 
the Secretary of Agriculture or against any other person, 
including any action for any violation of this Act or of any 
regulation or permit issued under this Act or for any fail-
ure to act as required by law. Nothing in this section shall 
affect the jurisdiction of any court under any provision of 
title 28, United States Code, including any action for any 
violation of this Act or of any regulation or permit issued 
under this Act or for any failure to act as required by law. 
SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) REVIEW BY SECRETARY.— 
(1) NOTICE OF VIOLATION.—Any person issued a 
notice of violation or cessation order under section 
507, or any person having an interest which is or 
may be adversely affected by such notice or order, 
may apply to the Secretary concerned for review of 
the notice or order within 30 days after receipt there-
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106 
of, or as the case may be, within 30 days after such 
notice or order is modified, vacated, or terminated. 
(2) REVIEW OF PENALTY.—Any person who is 
subject to a penalty assessed under section 507 may 
apply to the Secretary concerned for review of the as-
sessment within 45 days of notification of such pen-
alty. 
(3) THIRD PARTY REQUESTS.—Any person may 
apply to the Secretary concerned for review of a deci-
sion under this subsection within 30 days after such 
decision is issued. 
(4) STAYS PENDING REVIEW.—Pending a review 
by the Secretary or resolution of an administrative 
appeal, final decisions (except enforcement actions 
under section 507) shall be stayed. 
(5) PUBLIC HEARING.—The Secretary concerned 
shall provide an opportunity for a public hearing at 
the request of any party to the proceeding as specified 
in paragraph (1). The filing of an application for re-
view under this subsection shall not operate as a stay 
of any order or notice issued under section 506. 
(6) WRITTEN DECISION.—For any review pro-
ceeding under this subsection, the Secretary concerned 
shall make findings of fact and shall issue a written 
decision incorporating therein an order vacating, af-
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firming, modifying, or terminating the notice, order, 
or decision, or with respect to an assessment, the 
amount of penalty that is warranted. Where the ap-
plication for review concerns a cessation order issued 
under section 506 the Secretary concerned shall issue 
the written decision within 30 days of the receipt of 
the application for review or within 30 days after the 
conclusion of any hearing referred to in paragraph 
(5), whichever is later, unless temporary relief has 
been granted by the Secretary concerned under para-
graph (7). 
(7) TEMPORARY RELIEF.—Pending completion of 
any review proceedings under this subsection, the ap-
plicant may file with the Secretary concerned a writ-
ten request that the Secretary grant temporary relief 
from any order issued under section 506 together with 
a detailed statement giving reasons for such relief. 
The Secretary concerned shall expeditiously issue an 
order or decision granting or denying such relief. The 
Secretary concerned may grant such relief under such 
conditions as he or she may prescribe only if such re-
lief shall not adversely affect the health or safety of 
the public or cause imminent environmental harm to 
land, air, or water resources. 
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108 
(8) SAVINGS CLAUSE.—The availability of review 
under this subsection shall not be construed to limit 
the operation of rights under section 504. 
(b) JUDICIAL REVIEW.— 
(1) COURT OF APPEALS FOR THE DISTRICT OF 
COLUMBIA.—Any final action by the Secretaries of 
the Interior and Agriculture in promulgating regula-
tions to implement this Act, or any other final ac-
tions constituting rulemaking to implement this Act, 
shall be subject to judicial review only in a United 
States Court of Appeals for a circuit in which an af-
fected State is located or within the District of Co-
lumbia. Any action subject to judicial review under 
this subsection shall be affirmed unless the court con-
cludes that such action is arbitrary, capricious, or 
otherwise inconsistent with law. A petition for review 
of any action subject to judicial review under this 
subsection shall be filed within 60 days from the date 
of such action, or after such date if the petition is 
based solely on grounds arising after the 60th day. 
Any such petition may be made by any person who 
commented or otherwise participated in the rule-
making or any person who may be adversely affected 
by the action of the Secretaries. 
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109 
(2) STANDARD OF REVIEW.—Final agency action 
under this subsection, including such final action on 
those matters described under subsection (a), shall be 
subject to judicial review in accordance with para-
graph (4) and pursuant to section 1391 of title 28, 
United States Code, on or before 60 days from the 
date of such final action. Any action subject to judi-
cial review under this subsection shall be affirmed un-
less the court concludes that such action is arbitrary, 
capricious, or otherwise inconsistent with law. 
(3) SAVINGS CLAUSE.—The availability of judi-
cial review established in this subsection shall not be 
construed to limit the operations of rights under sec-
tion 504. 
(4) RECORD.—The court shall hear any petition 
or complaint filed under this subsection solely on the 
record made before the Secretary or Secretaries con-
cerned. The court may affirm or vacate any order or 
decision or may remand the proceedings to the Sec-
retary or Secretaries for such further action as it may 
direct. 
(5) COMMENCE OF A PROCEEDING NOT A STAY.— 
The commencement of a proceeding under this section 
shall not, unless specifically ordered by the court, op-
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110 
erate as a stay of the action, order, or decision of the 
Secretary or Secretaries concerned. 
(c) COSTS.—Whenever a proceeding occurs under sub-
section (a) or (b), at the request of any person, a sum equal 
to the aggregate amount of all costs and expenses (including 
attorney fees) as determined by the Secretary or Secretaries 
concerned or the court to have been reasonably incurred by 
such person for or in connection with participation in such 
proceedings, including any judicial review of the pro-
ceeding, may be assessed against either party as the court, 
in the case of judicial review, or the Secretary or Secretaries 
concerned in the case of administrative proceedings, deems 
appropriate if it is determined that such party prevailed 
in whole or in part, achieving some success on the merits, 
and that such party made a substantial contribution to a 
full and fair determination of the issues. 
SEC. 506. REPORTING REQUIREMENTS. 
(a) REPORT TO SECRETARY.—An operator engaging 
in any mineral activities located on Federal land or on In-
dian land shall submit to the Secretary an annual report, 
in a time and manner prescribed by the Secretary, describ-
ing the total amount (in metric tons) and value of hardrock 
minerals produced through such mineral activities, includ-
ing the total amount and value of any minerals produced 
from a mine partially located on either Federal land or In-
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111 
dian land, disaggregated by mineral and by percentage ex-
tracted from Federal land and percentage extracted from 
Indian land. 
(b) FAILURE TO REPORT.—Any person who fails to 
comply with the requirements of subsection (a) shall be sub-
ject to a civil penalty not to exceed $25,000 per day during 
which such failure continues, which may be assessed by the 
Secretary. 
(c) REPORT TO CONGRESS.—The Secretary shall sub-
mit an annual report to Congress providing the following 
information for each hardrock mine located on Federal land 
or on Indian land: 
(1) The data submitted for such mine under sub-
section (a). 
(2) The name of the mine operator. 
(3) The State in which such mine is located. 
(4) The Bureau of Land Management Field Of-
fice with jurisdiction over such mine. 
(5) Whether such mine is located on Federal 
land. 
(6) Whether such mine is located on Indian land. 
(d) REGULATIONS.—The Secretary shall promulgate 
such regulations as are necessary to carry out this section 
not later than 180 days after the date of the enactment of 
this Act. 
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112 
SEC. 507. ENFORCEMENT. 
(a) ORDERS.— 
(1) NOTICE OF VIOLATION.—If the Secretary con-
cerned, or an authorized representative of such Sec-
retary, determines that any person is in violation of 
any environmental protection requirement or any 
regulation issued by the Secretaries to implement this 
Act, such Secretary or authorized representative shall 
issue to such person a notice of violation describing 
the violation and the corrective measures to be taken. 
The Secretary concerned, or the authorized represent-
ative of such Secretary, shall provide such person 
with a period of time not to exceed 30 days to abate 
the violation. Such period of time may be extended by 
the Secretary concerned upon a showing of good cause 
by such person. If, upon the expiration of time pro-
vided for such abatement, the Secretary concerned, or 
the authorized representative of such Secretary, finds 
that the violation has not been abated he or she shall 
immediately order a cessation of all mineral activities 
or the portion thereof relevant to the violation. 
(2) ORDER FOR IMMEDIATE CESSATION.—If the 
Secretary concerned, or the authorized representative 
of the Secretary concerned, determines that any con-
dition or practice exists, or that any person is in vio-
lation of any requirement under a permit approved 
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under this Act, and such condition, practice or viola-
tion is causing, or can reasonably be expected to cause 
either of the following, such Secretary or authorized 
representative shall immediately order a cessation of 
mineral activities or the portion thereof relevant to 
the condition, practice, or violation: 
(A) An imminent danger to the health or 
safety of the public. 
(B) Significant, imminent environmental 
harm to land, air, water, or fish or wildlife re-
sources. 
(3) DURATION.— 
(A) TERMINATION.—A cessation order pur-
suant to paragraph (1) or (2) shall remain in ef-
fect until such Secretary, or authorized rep-
resentative, determines that the condition, prac-
tice, or violation has been abated, or until modi-
fied, vacated or terminated by the Secretary or 
authorized representative. In any such order, the 
Secretary or authorized representative shall de-
termine the steps necessary to abate the violation 
in the most expeditious manner possible and 
shall include the necessary measures in the order. 
(B) FINANCIAL
ASSURANCES.—The Sec-
retary concerned shall require appropriate finan-
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114 
cial assurances to ensure that the abatement obli-
gations are met when issuing an order under 
this section. 
(C) AUTHORITY OF THE SECRETARY.—Any 
notice or order issued pursuant to paragraph (1) 
or (2) may be modified, vacated, or terminated 
by the Secretary concerned or an authorized rep-
resentative of such Secretary. Any person to 
whom any such notice or order is issued shall be 
entitled to a hearing on the record. 
(4) ALTERNATIVE
ENFORCEMENT
ACTION.—If, 
after 30 days of the date of the order referred to in 
subsection (a) the required abatement has not oc-
curred, the Secretary concerned shall take such alter-
native enforcement action against the claim holder, li-
cense holder, lease holder, or operator (or any person 
who controls the claim holder, license holder, lease 
holder, or operator) as will most likely bring about 
abatement in the most expeditious manner possible. 
Such alternative enforcement action may include 
seeking appropriate injunctive relief to bring about 
abatement. Nothing in this paragraph shall preclude 
the Secretary concerned from taking alternative en-
forcement action prior to the expiration of 30 days. 
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(5) FAILURE OR DEFAULT.—If a claim holder, 
license holder, lease holder, or operator (or any person 
who controls the claim holder, license holder, lease 
holder, or operator) fails to abate a violation or de-
faults on the terms of the permit, the Secretary con-
cerned shall forfeit the financial assurance for the 
plan as necessary to ensure abatement and reclama-
tion under this Act. The Secretary concerned may 
prescribe conditions under which a surety may per-
form reclamation in accordance with the approved 
plan in lieu of forfeiture. 
(6) PENDING REVIEW.—The Secretary concerned 
shall not cause forfeiture of the financial assurance 
while administrative or judicial review is pending. 
(7) LIABILITY IN THE EVENT OF FORFEITURE.— 
In the event of forfeiture, the claim holder, license 
holder, lease holder, operator, or any affiliate thereof, 
as appropriate as determined by the Secretary by 
rule, shall be jointly and severally liable for any re-
maining reclamation obligations under this Act. 
(b) COMPLIANCE.—The Secretary concerned may re-
quest the Attorney General to institute a civil action for 
relief, including a permanent or temporary injunction or 
restraining order, or any other appropriate enforcement 
order, including the imposition of civil penalties, in the dis-
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trict court of the United States for the district in which 
the mineral activities are located whenever a person— 
(1) violates, fails, or refuses to comply with any 
order issued by the Secretary concerned under sub-
section (a); or 
(2) interferes with, hinders, or delays the Sec-
retary concerned in carrying out an inspection under 
section 503. 
Such court shall have jurisdiction to provide such relief as 
may be appropriate. Any relief granted by the court to en-
force an order under paragraph (1) shall continue in effect 
until the completion or final termination of all proceedings 
for review of such order unless the district court granting 
such relief sets it aside. 
(c) DELEGATION.—Notwithstanding any other provi-
sion of law, the Secretary may utilize personnel of the Office 
of Surface Mining Reclamation and Enforcement to ensure 
compliance with the requirements of this Act. 
(d) PENALTIES.— 
(1) FAILURE TO COMPLY WITH REQUIREMENTS 
OF A PERMIT.—Any person who fails to comply with 
any requirement of a permit approved under this Act 
or any regulation issued by the Secretaries to imple-
ment this Act shall be liable for a penalty of not more 
than $25,000 per violation. Each day of violation 
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may be deemed a separate violation for purposes of 
penalty assessments. 
(2) FAILURE
TO
COMPLY
WITH
A
CESSATION 
ORDER.—A person who fails to correct a violation for 
which a cessation order has been issued under sub-
section (a) within the period permitted for its correc-
tion shall be assessed a civil penalty of not less than 
$1,000 per violation for each day during which such 
failure continues. 
(3) PENALTIES FOR DIRECTORS, OFFICERS, AND 
AGENTS.—Whenever a corporation is in violation of 
a requirement of a permit approved under this Act or 
any regulation issued by the Secretaries to implement 
this Act or fails or refuses to comply with an order 
issued under subsection (a), any director, officer, or 
agent of such corporation who knowingly authorized, 
ordered, or carried out such violation, failure, or re-
fusal shall be subject to the same penalties as may be 
imposed upon the person referred to in paragraph 
(1). 
(e) SUSPENSIONS OR REVOCATIONS.—The Secretary 
concerned shall suspend or revoke a permit issued under 
title II, in whole or in part, if the operator— 
(1) knowingly made or knowingly makes any 
false, inaccurate, or misleading material statement in 
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