under such conditions as he or she may prescribe 
only if such relief shall not adversely affect the 
health or safety of the public or cause imminent en-
vironmental harm to land, air, or water resources. 
(5) The availability of review under this sub-
section shall not be construed to limit the operation 
of rights under section 554 (relating to citizen 
suits). 
(b) JUDICIAL REVIEW.— 
(1) Any final action by the Secretaries of the 
Interior and Agriculture in promulgating regulations 
to implement this title, or any other final actions 
constituting rulemaking to implement this title, shall 
be subject to judicial review only in the United 
States Court of Appeals for the District of Colum-
bia. 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 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS
rulemaking or any person who may be adversely af-
fected by the action of the Secretaries. 
(2) Final agency action under this subsection, 
including such final action on those matters de-
scribed under subsection (a), shall be subject to judi-
cial review in accordance with paragraph (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 judicial review 
under this subsection shall be affirmed unless the 
court concludes that such action is arbitrary, capri-
cious, or otherwise inconsistent with law. 
(3) The availability of judicial review estab-
lished in this subsection shall not be construed to 
limit the operations of rights under section 554 (re-
lating to citizens suits). 
(4) The court shall hear any petition or com-
plaint filed under this subsection solely on the record 
made before the Secretary or Secretaries concerned. 
The court may affirm or vacate any order or deci-
sion or may remand the proceedings to the Secretary 
or Secretaries for such further action as it may di-
rect. 
(5) The commencement of a proceeding under 
this section shall not, unless specifically ordered by 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS
the court, operate as a stay of the action, order, or 
decision of the Secretary or Secretaries concerned. 
(c) COSTS.—Whenever a proceeding occurs under 
subsection (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 reason-
ably incurred by such person for or in connection with par-
ticipation in such proceedings, including any judicial re-
view of the proceeding, 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 adminis-
trative proceedings, deems proper 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 sub-
stantial contribution to a full and fair determination of 
the issues. 
SEC. 546. ENFORCEMENT. 
(a) ORDERS.— 
(1) If the Secretary, or for National Forest 
System lands the Secretary of Agriculture, or an au-
thorized representative of such Secretary, determines 
that any person is in violation of any environmental 
protection requirement under subtitle C or any regu-
lation issued by the Secretaries to implement this 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS
title, such Secretary or authorized representative 
shall issue to such person a notice of violation de-
scribing the violation and the corrective measures to 
be taken. The Secretary concerned, or the author-
ized representative 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 provided for such abatement, the 
Secretary concerned, or the authorized representa-
tive 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) If the Secretary concerned, or the author-
ized representative of the Secretary concerned, de-
termines that any condition or practice exists, or 
that any person is in violation of any requirement 
under a permit approved under this title, and such 
condition, practice or violation is causing, or can 
reasonably be expected to cause— 
(A) an imminent danger to the health or 
safety of the public; or 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS
(B) significant, imminent environmental 
harm to land, air, water, or fish or wildlife re-
sources, 
such Secretary or authorized representative shall im-
mediately order a cessation of mineral activities or 
the portion thereof relevant to the condition, prac-
tice, or violation. 
(3)(A) A cessation order pursuant to para-
graphs (1) or (2) shall remain in effect until such 
Secretary, or authorized representative, determines 
that the condition, practice, or violation has been 
abated, or until modified, vacated or terminated by 
the Secretary or authorized representative. In any 
such order, the Secretary or authorized representa-
tive shall determine the steps necessary to abate the 
violation in the most expeditious manner possible 
and shall include the necessary measures in the 
order. The Secretary concerned shall require appro-
priate financial assurances to ensure that the abate-
ment obligations are met. 
(B) Any notice or order issued pursuant to 
paragraphs (1) or (2) may be modified, vacated, or 
terminated by the Secretary concerned or an author-
ized representative of such Secretary. Any person to 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS
whom any such notice or order is issued shall be en-
titled 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 abate-
ment has not occurred, the Secretary concerned shall 
take such alternative enforcement action against the 
claim holder or operator (or any person who controls 
the claim holder or operator) as will most likely 
bring about abatement in the most expeditious man-
ner possible. Such alternative enforcement action 
may include, but is not necessarily limited to, seek-
ing appropriate injunctive relief to bring about 
abatement. Nothing in this paragraph shall preclude 
the Secretary, or for National Forest System lands 
the Secretary 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 violation or defaults on the terms of the per-
mit, the Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall forfeit the 
financial assurance for the plan as necessary to en-
sure abatement and reclamation under this title. The 
Secretary concerned may prescribe conditions under 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS
which a surety may perform reclamation in accord-
ance with the approved plan in lieu of forfeiture. 
(6) The Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, shall not 
cause forfeiture of the financial assurance while ad-
ministrative or judicial review is pending. 
(7) In the event of forfeiture, the claim holder, 
operator, or any affiliate thereof, as appropriate as 
determined by the Secretary by rule, shall be jointly 
and severally liable for any remaining reclamation 
obligations under this title. 
(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 553. 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS
Such court shall have jurisdiction to provide such relief 
as may be appropriate. Any relief granted by the court 
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 title. 
(d) PENALTIES.— 
(1) Any person who fails to comply with any re-
quirement of a permit approved under this title or 
any regulation issued by the Secretaries to imple-
ment this title shall be liable for a penalty of not 
more than $25,000 per violation. Each day of viola-
tion may be deemed a separate violation for pur-
poses of penalty assessments. 
(2) 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. 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS
(3) Whenever a corporation is in violation of a 
requirement of a permit approved under this title or 
any regulation issued by the Secretaries to imple-
ment this title or fails or refuses to comply with an 
order issued under subsection (a), any director, offi-
cer, or agent of such corporation who knowingly au-
thorized, ordered, or carried out such violation, fail-
ure, 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 
subtitle C, 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 title; 
(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 
title; 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS
(5) fails to maintain an adequate financial as-
surance under section 536; 
(6) fails to pay claim maintenance fees or other 
moneys due and owing under this title; or 
(7) with regard to plans conditionally approved 
under section 535(c)(2), fails to abate a violation to 
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 title; or 
(2) falsifies, tampers with, renders inaccurate, 
or fails to install any monitoring device or method 
required to be maintained under this title, 
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 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS
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— 
(1) engages in mineral activities without a per-
mit required under subtitle C; or 
(2) violates any other requirement of a permit 
issued under this title, 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. 
VerDate Mar 15 2010 
02:10 Nov 18, 2011
Jkt 099200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H3446.IH
H3446
pwalker on DSK5TPTVN1PROD with BILLS