such Secretary. Any person to whom any such notice or 
order is issued shall be entitled to a hearing on the record. 
(4) If, after 30 days of the date of the order referred 
to in paragraph (3)(A) the required abatement has not 
occurred, the Secretary concerned shall take such alter-
native enforcement action against the claim holder or op-
erator (or any person who controls the claim holder or op-
erator) as will most likely bring about abatement in the 
most expeditious manner possible. Such alternative en-
forcement action may include, but is not necessarily lim-
ited to, seeking appropriate injunctive relief to bring about 
abatement. Nothing in this paragraph shall preclude the 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, from taking alternative enforcement 
action prior to the expiration of 30 days. 
(5) If a claim holder or operator (or any person who 
controls the claim holder or operator) fails to abate a vio-
lation or defaults on the terms of the permit, the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, shall forfeit the financial assurance for the 
plan as necessary to ensure abatement and reclamation 
under this Act. The Secretary concerned may prescribe 
conditions under which a surety may perform reclamation 
in accordance with the approved plan in lieu of forfeiture. 
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(6) The Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall not cause for-
feiture of the financial assurance while administrative or 
judicial review is pending. 
(7) In the event of forfeiture, the claim holder, oper-
ator, or any affiliate thereof, as appropriate as determined 
by the Secretary by rule, shall be jointly and severally lia-
ble for any remaining reclamation obligations under this 
Act. 
(b) COMPLIANCE.—The Secretary, or for National 
Forest System lands the Secretary of Agriculture, 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-
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 
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to enforce 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 Of-
fice of Surface Mining Reclamation and Enforcement to 
ensure compliance with the requirements of this Act. 
(d) PENALTIES.—(1) Any person who fails to comply 
with any requirement of a permit approved under this Act 
or any regulation issued by the Secretaries to implement 
this Act shall be liable for a penalty of not more than 
$25,000 per violation. Each day of violation may be 
deemed a separate violation for purposes of penalty assess-
ments. 
(2) A person who fails to correct a violation for which 
a cessation order has been issued under subsection (a) 
within the period permitted for its correction shall be as-
sessed a civil penalty of not less than $1,000 per violation 
for each day during which such failure continues. 
(3) Whenever a corporation is in violation of a re-
quirement of a permit approved under this Act or any reg-
ulation 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 cor-
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poration who knowingly authorized, ordered, or carried 
out such violation, failure, or refusal 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, 
or for National Forest System lands the Secretary of Agri-
culture, shall suspend or revoke a permit issued under title 
III, in whole or in part, if the operator— 
(1) knowingly made or knowingly makes any 
false, inaccurate, or misleading material statement 
in any mining claim, notice of location, application, 
record, report, plan, or other document filed or re-
quired to be maintained under this Act; 
(2) fails to abate a violation covered by a ces-
sation order issued under subsection (a); 
(3) fails to comply with an order of the Sec-
retary concerned; 
(4) refuses to permit an audit pursuant to this 
Act; 
(5) fails to maintain an adequate financial as-
surance under section 306; 
(6) fails to pay claim maintenance fees or other 
moneys due and owing under this Act; or 
(7) with regard to plans conditionally approved 
under section 305(c)(2), fails to abate a violation to 
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the satisfaction of the Secretary concerned, or if the 
validity of the violation is upheld on the appeal 
which formed the basis for the conditional approval. 
(f) FALSE STATEMENTS; TAMPERING.—Any person 
who knowingly— 
(1) makes any false material statement, rep-
resentation, or certification in, or omits or conceals 
material information from, or unlawfully alters, any 
mining claim, notice of location, application, record, 
report, plan, or other documents filed or required to 
be maintained under this Act; or 
(2) falsifies, tampers with, renders inaccurate, 
or fails to install any monitoring device or method 
required to be maintained under this Act, 
shall upon conviction, be punished by a fine of not more 
than $10,000, or by imprisonment for not more than 2 
years, or by both. If a conviction of a person is for a viola-
tion committed after a first conviction of such person 
under this subsection, punishment shall be by a fine of 
not more than $20,000 per day of violation, or by impris-
onment of not more than 4 years, or both. Each day of 
continuing violation may be deemed a separate violation 
for purposes of penalty assessments. 
(g) KNOWING VIOLATIONS.—Any person who know-
ingly— 
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(1) engages in mineral activities without a per-
mit required under title III; or 
(2) violates any other requirement of a permit 
issued under this Act, or any condition or limitation 
thereof, 
shall upon conviction be punished by a fine of not less 
than $5,000 nor more than $50,000 per day of violation, 
or by imprisonment for not more than 3 years, or both. 
If a conviction of a person is for a violation committed 
after the first conviction of such person under this sub-
section, punishment shall be a fine of not less than 
$10,000 per day of violation, or by imprisonment of not 
more than 6 years, or both. 
(h) KNOWING AND WILLFUL VIOLATIONS.—Any per-
son who knowingly and willfully commits an act for which 
a civil penalty is provided in paragraph (1) of subsection 
(g) shall, upon conviction, be punished by a fine of not 
more than $50,000, or by imprisonment for not more than 
2 years, or both. 
(i) DEFINITION.—For purposes of this section, the 
term ‘‘person’’ includes any officer, agent, or employee of 
a person. 
SEC. 507. REGULATIONS. 
The Secretary and the Secretary of Agriculture shall 
issue such regulations as are necessary to implement this 
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Act. The regulations implementing title II, title III, title 
IV, and title V that affect the Forest Service shall be joint 
regulations issued by both Secretaries, and shall be issued 
no later than 180 days after the date of enactment of this 
Act. 
SEC. 508. EFFECTIVE DATE. 
This Act shall take effect on the date of enactment 
of this Act, except as otherwise provided in this Act. 
Subtitle B—Miscellaneous 
Provisions 
SEC. 511. OIL SHALE CLAIMS. 
Section 2511(f) of the Energy Policy Act of 1992 (30 
U.S.C. 242(f) Public Law 102–486) is amended— 
(1) by striking ‘‘as prescribed by the Sec-
retary’’; and 
(2) by inserting before the period the following: 
‘‘in the same manner as required by title II and title 
III of the Hardrock Mining Reform and Reclamation 
Act of 2015’’. 
SEC. 512. PURCHASING POWER ADJUSTMENT. 
The Secretary shall adjust all location fees, claim 
maintenance rates, penalty amounts, and other dollar 
amounts established in this Act for changes in the pur-
chasing power of the dollar no less frequently than every 
5 years following the date of enactment of this Act, em-
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ploying the Consumer Price Index for All-Urban Con-
sumers published by the Department of Labor as the basis 
for adjustment, and rounding according to the adjustment 
process of conditions of the Federal Civil Penalties Infla-
tion Adjustment Act of 1990 (104 Stat. 890). 
SEC. 513. SAVINGS CLAUSE. 
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modi-
fying any Federal law, regulation, order, or land use plan, 
in effect prior to the date of enactment of this Act that 
prohibits or restricts the application of the general mining 
laws, including laws that provide for special management 
criteria for operations under the general mining laws as 
in effect prior to the date of enactment of this Act, to 
the extent such laws provide for protection of natural and 
cultural resources and the environment greater than re-
quired under this Act, and any such prior law shall remain 
in force and effect with respect to claims located (or pro-
posed to be located) or converted under this Act. Nothing 
in this Act shall be construed as applying to or limiting 
mineral investigations, studies, or other mineral activities 
conducted by any Federal or State agency acting in its 
governmental capacity pursuant to other authority. Noth-
ing in this Act shall affect or limit any assessment, inves-
tigation, evaluation, or listing pursuant to the Comprehen-
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sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.), or the Solid 
Waste Disposal Act (42 U.S.C. 3251 et seq.). 
(b) EFFECT ON OTHER FEDERAL LAWS.—The provi-
sions of this Act shall supersede the general mining laws, 
except for those parts of the general mining laws respect-
ing location of mining claims that are not expressly modi-
fied by this Act. Except for the general mining laws, noth-
ing in this Act shall be construed as superseding, modi-
fying, amending, or repealing any provision of Federal law 
not expressly superseded, modified, amended, or repealed 
by this Act. Nothing in this Act shall be construed as al-
tering, affecting, amending, modifying, or changing, di-
rectly or indirectly, any law which refers to and provides 
authorities or responsibilities for, or is administered by, 
the Environmental Protection Agency or the Adminis-
trator of the Environmental Protection Agency, including 
the Federal Water Pollution Control Act, title XIV of the 
Public Health Service Act (the Safe Drinking Water Act), 
the Clean Air Act, the Pollution Prevention Act of 1990, 
the Toxic Substances Control Act, the Federal Insecticide, 
Fungicide, and Rodenticide Act, the Federal Food, Drug, 
and Cosmetic Act, the Motor Vehicle Information and 
Cost Savings Act, the Federal Hazardous Substances Act, 
the Endangered Species Act of 1973, the Atomic Energy 
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Act, the Noise Control Act of 1972, the Solid Waste Dis-
posal Act, the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, the Superfund 
Amendments and Reauthorization Act of 1986, the Ocean 
Dumping Act, the Environmental Research, Development, 
and Demonstration Authorization Act, the Pollution Pros-
ecution Act of 1990, and the Federal Facilities Compli-
ance Act of 1992, or any statute containing an amend-
ment to any of such Acts. Nothing in this Act shall be 
construed as modifying or affecting any provision of the 
Native American Graves Protection and Repatriation Act 
(Public Law 101–601) or any provision of the American 
Indian Religious Freedom Act (42 U.S.C. 1996), the Na-
tional Historic Preservation Act (16 U.S.C. 470 et seq.), 
and the Religious Freedom Restoration Act of 1993 (42 
U.S.C. 2000bb et seq.). 
(c) PROTECTION
OF CONSERVATION AREAS.—In 
order to protect the resources and values of National Con-
servation System units, the Secretary, as appropriate, 
shall utilize authority under this Act and other applicable 
law to the fullest extent necessary to prevent mineral ac-
tivities that could have an adverse impact on the resources 
or values for which such units were established. 
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