priate, of reviewing and approving or disapproving 
such transfer, assignment, or sale, as determined by 
the Secretary of the Interior. 
SEC. 534. OPERATIONS PERMIT. 
(a) OPERATIONS PERMIT.— 
(1) Any claim holder that is in compliance with 
the general mining laws and section 513 of this title 
may apply to the Secretary, or for National Forest 
System lands, the Secretary of Agriculture, for an 
operations permit authorizing the claim holder to 
carry out mineral activities, other than casual use, 
on— 
(A) any valid mining claim, valid millsite 
claim, or valid tunnel site claim; and 
(B) such additional Federal land as the 
Secretary may determine is necessary to con-
duct the proposed mineral activities, if the oper-
ator obtains a right-of-way permit for use of 
such additional lands under title V of the Fed-
eral Land Policy and Management Act of 1976 
(43 U.S.C. 1761 et seq.) and agrees to pay all 
fees required under that title for the permit 
under that title. 
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(2) If the Secretary decides to issue such permit, the 
permit shall include such terms and conditions as pre-
scribed by such Secretary to carry out this subtitle. 
(b) PERMIT APPLICATION REQUIREMENTS.—An ap-
plication for an operations permit under this section shall 
be submitted in a manner satisfactory to the Secretary 
concerned and shall contain site characterization data, an 
operations plan, a reclamation plan, monitoring plans, 
long-term maintenance plans, to the extent necessary, and 
such documentation as necessary to ensure compliance 
with applicable Federal and State environmental laws and 
regulations. If the proposed mineral activities will be car-
ried out in conjunction with mineral activities on adjacent 
non-Federal lands, information on the location and nature 
of such operations may be required by the Secretary. 
(c) PERMIT ISSUANCE OR DENIAL.— 
(1) After providing for public participation pur-
suant to subsection (i), the Secretary, or for Na-
tional Forest System lands the Secretary of Agri-
culture, shall issue an operations permit if such Sec-
retary makes each of the following determinations in 
writing, and shall deny a permit if such Secretary 
finds that the application and applicant do not fully 
meet the following requirements: 
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(A) The permit application, including the 
site characterization data, operations plan, and 
reclamation plan, are complete and accurate 
and sufficient for developing a good under-
standing of the anticipated impacts of the min-
eral activities and the effectiveness of proposed 
mitigation and control. 
(B) The applicant has demonstrated that 
the proposed reclamation in the operation and 
reclamation plan can be and is likely to be ac-
complished by the applicant and will not cause 
undue degradation. 
(C) The condition of the land, including 
the fish and wildlife resources and habitat con-
tained thereon, after the completion of mineral 
activities and final reclamation, will conform to 
the land use plan applicable to the area subject 
to mineral activities and are returned to a pro-
ductive use. 
(D) The area subject to the proposed plan 
is open to location for the types of mineral ac-
tivities proposed. 
(E) The proposed operation has been de-
signed to prevent material damage to the hy-
drologic balance. 
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(F) The applicant will fully comply with 
the requirements of section 536 (relating to fi-
nancial assurance) prior to the initiation of op-
erations. 
(G) Neither the applicant nor operator, nor 
any subsidiary, affiliate, or person controlled by 
or under common control with the applicant or 
operator, is ineligible to receive a permit under 
section 535. 
(H) The reclamation plan demonstrates 
that 10 years following mine closure, no treat-
ment of surface or ground water will be re-
quired to meet water quality standards at the 
point of discharge. 
(2) With respect to any activities specified in 
the reclamation plan referred to in subsection (b) 
that constitutes a removal or remedial action under 
section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.), the Secretary shall consult 
with the Administrator of the Environmental Protec-
tion Agency prior to the issuance of an operations 
permit. The Administrator shall ensure that the rec-
lamation plan does not require activities that would 
increase the costs or likelihood of removal or reme-
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dial actions under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) or corrective actions under 
the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.). 
(d) TERM OF PERMIT; RENEWAL.— 
(1) An operations permit— 
(A) shall be for a term that is no longer 
than the shorter of— 
(i) the period necessary to accomplish 
the proposed mineral activities subject to 
the permit; and 
(ii) 20 years; and 
(B) shall be renewed for an additional 20- 
year period if the operation is in compliance 
with the requirements of this title and other ap-
plicable law. 
(2) Failure by the operator to commence min-
eral activities within 2 years of the date scheduled 
in an operations permit shall require a modification 
of the permit if the Secretary concerned determines 
that modifications are necessary to comply with sec-
tion 521. 
(e) PERMIT MODIFICATION.— 
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(1) During the term of an operations permit 
the operator may submit an application to modify 
the permit (including the operations plan or rec-
lamation plan, or both). 
(2) The Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may, at any 
time, require reasonable modification to any oper-
ations plan or reclamation plan upon a determina-
tion that the requirements of this title cannot be met 
if the plan is followed as approved. Such determina-
tion shall be based on a written finding and subject 
to public notice and hearing requirements estab-
lished by the Secretary concerned. 
(3) A permit modification is required before 
changes are made to the approved plan of oper-
ations, or if unanticipated events or conditions exist 
on the mine site, including in the case of— 
(A) development of acid or toxic drainage; 
(B) loss of springs or water supplies; 
(C) water quantity, water quality, or other 
resulting water impacts that are significantly 
different than those predicted in the applica-
tion; 
(D) the need for long-term water treat-
ment; 
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(E) significant reclamation difficulties or 
reclamation failure; 
(F) the discovery of significant scientific, 
cultural, or biological resources that were not 
addressed in the original plan; or 
(G) the discovery of hazards to public safe-
ty. 
(f) TEMPORARY CESSATION OF OPERATIONS.— 
(1) An operator conducting mineral activities 
under an operations permit in effect under this sub-
title may not temporarily cease mineral activities for 
a period greater than 180 days unless the Secretary 
concerned has approved such temporary cessation or 
unless the temporary cessation is permitted under 
the original permit. Any operator temporarily ceas-
ing mineral activities for a period greater than 90 
days under an operations permit issued before the 
date of the enactment of this Act shall submit, be-
fore the expiration of such 90-day period, a complete 
application for temporary cessation of operations to 
the Secretary concerned for approval unless the tem-
porary cessation is permitted under the original per-
mit. 
(2) An application for approval of temporary 
cessation of operations shall include such informa-
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tion required under subsection (b) and any other 
provisions prescribed by the Secretary concerned to 
minimize impacts on the environment. After receipt 
of a complete application for temporary cessation of 
operations such Secretary shall conduct an inspec-
tion of the area for which temporary cessation of op-
erations has been requested. 
(3) To approve an application for temporary 
cessation of operations, the Secretary concerned 
shall make each of the following determinations: 
(A) A determination that the methods for 
securing surface facilities and restricting access 
to the permit area, or relevant portions thereof, 
will effectively ensure against hazards to the 
health and safety of the public and fish and 
wildlife. 
(B) A determination that reclamation is in 
compliance with the approved reclamation plan, 
except in those areas specifically designated in 
the application for temporary cessation of oper-
ations for which a delay in meeting such stand-
ards is necessary to facilitate the resumption of 
operations. 
(C) A determination that the amount of fi-
nancial assurance filed with the permit applica-
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tion is sufficient to assure completion of the 
reclamation activities identified in the approved 
reclamation plan in the event of forfeiture. 
(D) A determination that any outstanding 
notices of violation and cessation orders in-
curred in connection with the plan for which 
temporary cessation is being requested are ei-
ther stayed pursuant to an administrative or ju-
dicial appeal proceeding or are in the process of 
being abated to the satisfaction of the Secretary 
concerned. 
(g) PERMIT REVIEWS.—The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture, 
shall review each permit issued under this section every 
10 years during the term of such permit, shall provide 
public notice of the permit review, and, based upon a writ-
ten finding, such Secretary shall require the operator to 
take such actions as the Secretary deems necessary to as-
sure that mineral activities conform to the permit, includ-
ing adjustment of financial assurance requirements. 
(h) 
TRANSFER, 
ASSIGNMENT, 
OR
SALE
OF 
RIGHTS.— 
(1) No transfer, assignment, or sale of rights 
granted by a permit under this section shall be made 
without the prior written approval of the Secretary, 
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or for National Forest System lands the Secretary 
of Agriculture. 
(2) The Secretary, or for National Forest Sys-
tem lands, the Secretary of Agriculture, may allow 
a person holding a permit to transfer, assign, or sell 
rights under the permit to a successor, if such Sec-
retary finds, in writing, that the successor— 
(A) has submitted information required 
and is eligible to receive a permit in accordance 
with section 535; 
(B) has submitted evidence of financial as-
surance satisfactory under section 536; and 
(C) meets any other requirements specified 
by such Secretary. 
(3) The successor in interest shall assume rec-
lamation and other responsibilities established by the 
existing permit and shall conduct the mineral activi-
ties in full compliance with this title, and the terms 
and conditions of the permit as in effect at the time 
of transfer, assignment, or sale. 
(4) Each application for approval of a permit 
transfer, assignment, or sale pursuant to this sub-
section shall be accompanied by a fee payable to the 
Secretary of the Interior, or for National Forest 
System lands, the Secretary of Agriculture, in such 
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amount as may be established by such Secretary, or 
for National Forest System lands, by the Secretary 
of Agriculture. Such amount shall be equal to the 
actual or anticipated cost to the Secretary or, for 
National Forest System lands, to the Secretary of 
Agriculture, of reviewing and approving or dis-
approving such transfer, assignment, or sale, as de-
termined by such Secretary. 
(i) PUBLIC PARTICIPATION.—The Secretary of the 
Interior and the Secretary of Agriculture shall jointly pro-
mulgate regulations to ensure transparency and public 
participation in permit decisions required under this title, 
consistent with any requirements that apply to such deci-
sions under section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332). 
SEC. 535. PERSONS INELIGIBLE FOR PERMITS. 
(a) CURRENT VIOLATIONS.—Unless corrective action 
has been taken in accordance with subsection (c), no per-
mit under this subtitle shall be issued or transferred to 
an applicant if the applicant or any agent of the applicant, 
the operator (if different than the applicant) of the claim 
concerned, any claim holder (if different than the appli-
cant) of the claim concerned, or any affiliate or officer 
or director of the applicant is currently in violation of any 
of the following: 
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(1) A provision of this title or any regulation 
under this title. 
(2) An applicable State or Federal toxic sub-
stance, solid waste, air, water quality, or fish and 
wildlife conservation law or regulation at any site 
where mining, beneficiation, or processing activities 
are occurring or have occurred. 
(3) The Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201 et seq.) or any 
regulation implementing that Act at any site where 
surface coal mining operations have occurred or are 
occurring. 
(b) SUSPENSION.—The Secretary, or for National 
Forest System lands the Secretary of Agriculture, shall 
suspend an operations permit, in whole or in part, if such 
Secretary determines that any of the entities described in 
subsection (a) were in violation of any requirement listed 
in subsection (a) at the time the permit was issued. 
(c) CORRECTION.— 
(1) The Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, may issue or 
reinstate a permit under this subtitle if the applicant 
submits proof that the violation referred to in sub-
section (a) or (b) has been corrected or is in the 
process of being corrected to the satisfaction of such 
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Secretary and the regulatory authority involved or if 
the applicant submits proof that the violator has 
filed and is presently pursuing, a direct administra-
tive or judicial appeal to contest the existence of the 
violation. For purposes of this section, an appeal of 
any applicant’s relationship to an affiliate shall not 
constitute a direct administrative or judicial appeal 
to contest the existence of the violation. 
(2) Any permit which is issued or reinstated 
based upon proof submitted under this subsection 
shall be conditionally approved or conditionally rein-
stated, as the case may be. If the violation is not 
successfully abated or the violation is upheld on ap-
peal, the permit shall be suspended or revoked. 
(d) PATTERN OF WILLFUL VIOLATIONS.—No permit 
under this title may be issued to any applicant if there 
is a demonstrated pattern of willful violations of the envi-
ronmental protection requirements of this title by the ap-
plicant, any affiliate of the applicant, or the operator or 
claim holder if different than the applicant. 
SEC. 536. FINANCIAL ASSURANCE. 
(a) FINANCIAL ASSURANCE REQUIRED.— 
(1) Subject to public notice and comment, and 
after a permit is issued under this subtitle and be-
fore any exploration or operations begin under the 
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permit, the operator shall file with the Secretary, or 
for National Forest System lands the Secretary of 
Agriculture, evidence of financial assurance payable 
to the United States. The financial assurance shall 
be provided in the form of a surety bond, a trust 
fund, letters of credits, government securities, cer-
tificates of deposit, cash, or an equivalent form ap-
proved by such Secretary. 
(2) The financial assurance shall cover all lands 
within the initial permit area and all affected waters 
that may require restoration, treatment, or other 
management as a result of mineral activities, and 
shall be extended to cover all lands and waters 
added pursuant to any permit modification made 
under section 533(f) (relating to exploration per-
mits) or section 534(e) (relating to operations per-
mits), or affected by mineral activities. 
(b) AMOUNT.—The amount of the financial assur-
ance required under this section shall be sufficient to as-
sure the completion of reclamation and restoration satis-
fying the requirements of this title if the work were to 
be performed by the Secretary concerned in the event of 
forfeiture, including the construction and maintenance 
costs for any treatment facilities necessary to meet Fed-
eral and State environmental requirements. The calcula-
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tion of such amount shall take into account the maximum 
level of financial exposure which shall arise during the 
mineral activity and administrative costs associated with 
a government agency reclaiming the site. 
(c) DURATION.—The financial assurance required 
under this section shall be held for the duration of the 
mineral activities and for an additional period to cover the 
operator’s responsibility for reclamation, restoration, and 
long-term maintenance, and effluent treatment as speci-
fied in subsection (g). 
(d) ADJUSTMENTS.—The amount of the financial as-
surance and the terms of the acceptance of the assurance 
may be adjusted by the Secretary concerned from time to 
time as the area requiring coverage is increased or de-
creased, or where the costs of reclamation or treatment 
change, or pursuant to section 534(f) (relating to tem-
porary cessation of operations), but the financial assur-
ance shall otherwise be in compliance with this section. 
The Secretary concerned shall review the financial guar-
antee every 3 years and as part of the permit application 
review under section 534(c). 
(e) RELEASE.—Upon request, and after notice and 
opportunity for public comment, and after inspection by 
the Secretary, or for National Forest System lands, the 
Secretary of Agriculture, such Secretary may, after con-
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sultation with the Administrator of the Environmental 
Protection Agency, release in whole or in part the financial 
assurance required under this section if the Secretary 
makes both of the following determinations: 
(1) A determination that reclamation or res-
toration covered by the financial assurance has been 
accomplished as required by this title. 
(2) A determination that the terms and condi-
tions of any other applicable Federal requirements, 
and State requirements applicable pursuant to coop-
erative agreements under section 538, have been ful-
filled. 
(f) RELEASE SCHEDULE.—The release referred to in 
subsection (e) shall be according to the following schedule: 
(1) After the operator has completed any re-
quired backfilling, regrading, and drainage control of 
an area subject to mineral activities and covered by 
the financial assurance, and has commenced revege-
tation on the regraded areas subject to mineral ac-
tivities in accordance with the approved plan, that 
portion of the total financial assurance secured for 
the area subject to mineral activities attributable to 
the completed activities may be released except that 
sufficient assurance must be retained to address 
other required reclamation and restoration needs 
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and to assure the long-term success of the revegeta-
tion. 
(2) After the operator has completed success-
fully all remaining mineral activities and reclamation 
activities and all requirements of the operations plan 
and the reclamation plan, and all other requirements 
of this title have been fully met, including the re-
quirements of subsection (g) of this section, the re-
maining portion of the financial assurance may be 
released. 
During the period following release of the financial assur-
ance as specified in paragraph (1), until the remaining 
portion of the financial assurance is released as provided 
in paragraph (2), the operator shall be required to comply 
with the permit issued under this subtitle. 
(g) EFFLUENT.—Notwithstanding section 537(b)(4), 
where any discharge or other water-related condition re-
sulting from the mineral activities requires treatment in 
order to meet the applicable effluent limitations and water 
quality standards, the financial assurance shall include the 
estimated cost of maintaining such treatment for the pro-
jected period that will be needed after the cessation of 
mineral activities. The portion of the financial assurance 
attributable to such estimated cost of treatment shall not 
be released until the discharge has ceased for a period of 
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5 years, as determined by ongoing monitoring and testing, 
or, if the discharge continues, until the operator has met 
all applicable effluent limitations and water quality stand-
ards for 5 full years without treatment. 
(h) ENVIRONMENTAL HAZARDS.—If the Secretary, 
or for National Forest System lands, the Secretary of Ag-
riculture, determines, after final release of financial assur-
ance, that an environmental hazard resulting from the 
mineral activities exists, or the terms and conditions of 
the explorations or operations permit of this title were not 
fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 556 requiring the claim hold-
er or operator (or any person who controls the claim hold-
er or operator) to correct the condition such that applica-
ble laws and regulations and any conditions from the plan 
of operations are met. 
SEC. 537. OPERATION AND RECLAMATION. 
(a) GENERAL RULE.— 
(1) The operator shall restore lands subject to 
mineral activities carried out under a permit issued 
under this subtitle to a condition capable of sup-
porting— 
(A) the uses which such lands were capable 
of supporting prior to surface disturbance by 
the operator, or 
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(B) other beneficial uses which conform to 
applicable land use plans as determined by the 
Secretary, or for National Forest System lands, 
the Secretary of Agriculture. 
(2) Reclamation shall proceed as contempora-
neously as practicable with the conduct of mineral 
activities. In the case of a cessation of mineral ac-
tivities beyond that provided for as a temporary ces-
sation under this title, reclamation activities shall 
begin immediately. 
(b) OPERATION AND RECLAMATION STANDARDS.— 
The Secretary of the Interior and the Secretary of Agri-
culture shall jointly promulgate regulations that establish 
operation and reclamation standards for mineral activities 
permitted under this title. The Secretaries may determine 
whether outcome-based performance standards or tech-
nology-based design standards are most appropriate. The 
regulations shall address the following: 
(1) Segregation, protection, and replacement of 
topsoil or other suitable growth medium, and the 
prevention, where possible, of soil contamination. 
(2) Maintenance of the stability of all surface 
areas. 
(3) Control of sediments to prevent erosion and 
manage drainage. 
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(4) Minimization of the formation and migra-
tion of acidic, alkaline, metal-bearing, or other dele-
terious leachate. 
(5) Reduction of the visual impact of mineral 
activities to the surrounding topography, including 
as necessary pit backfill. 
(6) Establishment of a diverse, effective, and 
permanent vegetative cover of the same seasonal va-
riety native to the area affected by mineral activities, 
and equal in extent of cover to the natural vegeta-
tion of the area. 
(7) Design and maintenance of leach oper-
ations, impoundments, and excess waste according to 
standard engineering standards to achieve and main-
tain stability and reclamation of the site. 
(8) Removal of structures and roads and seal-
ing of drill holes. 
(9) Restoration of, or mitigation for, fish and 
wildlife habitat disturbed by mineral activities. 
(10) Preservation of cultural, paleontological, 
and cave resources. 
(11) Prevention and suppression of fire in the 
area of mineral activities. 
(c) SURFACE OR GROUNDWATER WITHDRAWALS.— 
The Secretary shall work with State and local govern-
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ments with authority over the allocation and use of surface 
and groundwater in the area around the mine site as nec-
essary to ensure that any surface or groundwater with-
drawals made as a result of mining activities approved 
under this section do not cause undue degradation or re-
sults in material alteration of the hydrologic balance. 
(d) SPECIAL RULE.—Reclamation activities for a 
mining claim that has been forfeited, relinquished, or 
lapsed, or a plan that has expired or been revoked or sus-
pended, shall continue subject to review and approval by 
the Secretary, or for National Forest System lands the 
Secretary of Agriculture. 
SEC. 538. STATE LAW AND REGULATION. 
(a) STATE LAW.— 
(1) Any reclamation, land use, environmental, 
or public health protection standard or requirement 
in State, county, local, or tribal law or regulation 
that meets or exceeds the requirements of this title 
shall not be construed to be inconsistent with any 
such standard. 
(2) Any bonding standard or requirement in 
State, county, local, or tribal law or regulation that 
meets or exceeds the requirements of this title shall 
not be construed to be inconsistent with such re-
quirements. 
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(3) Any inspection standard or requirement in 
State, county, local, or tribal law or regulation that 
meets or exceeds the requirements of this title shall 
not be construed to be inconsistent with such re-
quirements. 
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.— 
(1) Nothing in this title shall be construed as 
affecting any toxic substance, solid waste, or air or 
water quality, standard or requirement of any State, 
county, local, or tribal law or regulation, which may 
be applicable to mineral activities on lands subject to 
this title. 
(2) Nothing in this title shall be construed as 
affecting in any way the right of any person to en-
force or protect, under applicable law, such person’s 
interest in water resources affected by mineral ac-
tivities on lands subject to this title. 
(c) COOPERATIVE AGREEMENTS.— 
(1) Any State may enter into a cooperative 
agreement with the Secretary, or for National For-
est System lands the Secretary of Agriculture, for 
the purposes of such Secretary applying such stand-
ards and requirements referred to in subsection (a) 
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1-year period, the State and the Secretary shall review the 
terms of the agreement and make changes that are nec-
essary to be consistent with this title. 
SEC. 539. LIMITATION ON THE ISSUANCE OF PERMITS. 
No permit shall be issued under this subtitle that au-
thorizes mineral activities that would impair the land or 
resources of a National Park or a National Monument. 
For purposes of this section, the term ‘‘impair’’ shall in-
clude any diminution of the affected land including wild-
life, scenic assets, water resources, air quality, and acous-
tic qualities, or other changes that would impair a citizen’s 
experience at the National Park or National Monument. 
Subtitle D—Administrative and 
Miscellaneous Provisions 
SEC. 541. POLICY FUNCTIONS. 
(a) MINERALS POLICY.—Section 101 of the Mining 
and Minerals Policy Act of 1970 (30 U.S.C. 21a) is 
amended— 
(1) in the first sentence by inserting before the 
period at the end the following: ‘‘and to ensure that 
mineral extraction and processing not cause undue 
degradation of the natural and cultural resources of 
the public lands’’; and 
(2) by adding at the end thereof the following: 
‘‘It shall also be the responsibility of the Secretary 
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of Agriculture to carry out the policy provisions of 
paragraphs (1) and (2) of this section.’’. 
(b) MINERAL DATA.—Section 5(e)(3) of the National 
Materials and Minerals Policy, Research and Development 
Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert-
ing before the period the following: ‘‘, except that for Na-
tional Forest System lands the Secretary of Agriculture 
shall promptly initiate actions to improve the availability 
and analysis of mineral data in public land use decision-
making’’. 
SEC. 542. USER FEES. 
(a) IN GENERAL.—The Secretary and the Secretary 
of Agriculture may each establish and collect from persons 
subject to the requirements of this title such user fees as 
may be necessary to reimburse the United States for ex-
penses incurred in administering such requirements. Fees 
may be assessed and collected under this section only in 
such manner as may reasonably be expected to result in 
an aggregate amount of the fees collected during any fiscal 
year which does not exceed the aggregate amount of ad-
ministrative expenses referred to in this section. 
(b) ADJUSTMENT.— 
(1) The Secretary shall adjust the fees required 
by this section to reflect changes in the Consumer 
Price Index published by the Bureau of Labor Sta-
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tistics of the Department of Labor every 5 years 
after the date of enactment of this Act, or more fre-
quently if the Secretary determines an adjustment to 
be reasonable. 
(2) The Secretary shall provide claimants notice 
of any adjustment made under this subsection not 
later than July 1 of any year in which the adjust-
ment is made. 
(3) A fee adjustment under this subsection shall 
begin to apply the calendar year following the cal-
endar year in which it is made. 
SEC. 543. INSPECTION AND MONITORING. 
(a) INSPECTIONS.— 
(1) The Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, shall make 
inspections of mineral activities so as to ensure com-
pliance with the requirements of this title. 
(2) The Secretary concerned shall establish a 
frequency of inspections for mineral activities con-
ducted under a permit issued under subtitle C, but 
in no event shall such inspection frequency be less 
than one complete inspection per calendar quarter 
or, two per calendar quarter in the case of a permit 
for which the Secretary concerned approves an appli-
cation under section 534(f) (relating to temporary 
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cessation of operations). After revegetation has been 
established in accordance with a reclamation plan, 
such Secretary shall conduct annually two complete 
inspections. Such Secretary shall have the discretion 
to modify the inspection frequency for mineral ac-
tivities that are conducted on a seasonal basis. In-
spections shall continue under this subsection until 
final release of financial assurance. 
(3)(A) Any person who has reason to believe he 
or she is or may be adversely affected by mineral ac-
tivities due to any violation of the requirements of 
a permit approved under this title may request an 
inspection. The Secretary, or for National Forest 
System lands the Secretary of Agriculture, shall de-
termine within 10 working days of receipt of the re-
quest whether the request states a reason to believe 
that a violation exists. If the person alleges and pro-
vides reason to believe that an imminent threat to 
the environment or danger to the health or safety of 
the public exists, the 10-day period shall be waived 
and the inspection shall be conducted immediately. 
The identity of the person supplying information to 
the Secretary relating to a possible violation or im-
minent danger or harm shall remain confidential 
with the Secretary if so requested by that person. 
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(B) The Secretaries shall, by joint rule, estab-
lish procedures for the review of (i) any decision by 
an authorized representative not to inspect; or (ii) 
any refusal by such representative to ensure that re-
medial actions are taken with respect to any alleged 
violation. The Secretary concerned shall furnish such 
persons requesting the review a written statement of 
the reasons for the Secretary’s final disposition of 
the case. 
(b) MONITORING.— 
(1) The Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, 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 title. The Secretary concerned may require addi-
tional monitoring to be conducted as necessary to 
assure compliance with the reclamation and other 
environmental standards of this title. Such plan 
must be reviewed and approved by the Secretary and 
shall become a part of the explorations or operations 
permit. 
(2) The operator shall file reports with the Sec-
retary, or for National Forest System lands the Sec-
retary of Agriculture, on a frequency determined by 
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the Secretary concerned, on the results of the moni-
toring and evaluation process, except that if the 
monitoring and evaluation show a violation of the re-
quirements of a permit approved under this title, it 
shall be reported immediately to the Secretary con-
cerned. The Secretary shall evaluate the reports sub-
mitted 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) The Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, shall deter-
mine what information shall be reported by the oper-
ator pursuant to paragraph (2). A failure to report 
as required by the Secretary concerned shall con-
stitute a violation of this title and subject the oper-
ator to enforcement action pursuant to section 556. 
SEC. 544. CITIZENS SUITS. 
(a) IN GENERAL.—Except as provided in subsection 
(b), 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 
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in violation of any of the provisions of this title or 
any regulation promulgated pursuant to subtitle C 
of this title or any term or condition of any permit 
issued under subtitle C of this title; or 
(2) against the Secretary or the Secretary of 
Agriculture where there is alleged a failure of such 
Secretary to perform any act or duty under this 
title, or to promulgate any regulation under this 
title, which is not within the discretion of the Sec-
retary concerned. 
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 title. The district courts of the United States shall 
have jurisdiction to compel agency action unreasonably de-
layed, except that an action to compel agency action re-
viewable under section 555 may only be filed in a United 
States district court within the circuit in which such action 
would be reviewable under section 555. 
(b) EXCEPTIONS.— 
(1) No action may be commenced under sub-
section (a) before the end of the 60-day period be-
ginning on the date the plaintiff has given notice in 
writing of such alleged violation to the alleged viola-
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tor and the Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, except that 
any such action may be brought immediately after 
such notification if the violation complained of con-
stitutes an imminent threat to the environment or to 
the health or safety of the public. 
(2) No action may be brought against any per-
son other than the Secretary or the Secretary of Ag-
riculture under subsection (a)(1) if such Secretary 
has commenced and is diligently prosecuting a civil 
or criminal action in a court of the United States to 
require compliance. 
(3) No action may be commenced under para-
graph (2) of subsection (a) against either Secretary 
to review any rule promulgated by, or to any permit 
issued or denied by such Secretary if such rule or 
permit issuance or denial is judicially reviewable 
under section 555 or under any other provision of 
law at any time after such promulgation, issuance, 
or denial is final. 
(c) VENUE.—Venue of all actions brought under this 
section shall be determined in accordance with section 
1391 of title 28, United States Code. 
(d) COSTS.—The court, in issuing any final order in 
any action brought pursuant to this section may award 
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costs of litigation (including attorney and expert witness 
fees) to any prevailing or substantially prevailing party 
whenever the court determines such award is appropriate. 
The court may, if a temporary restraining order or pre-
liminary injunction is sought, require the filing of a bond 
or equivalent security in accordance with the Federal 
Rules of Civil Procedure. 
(e) SAVINGS CLAUSE.—Nothing in this section shall 
restrict 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 Sec-
retary or the Secretary of Agriculture or against any other 
person, including any action for any violation of this title 
or of any regulation or permit issued under this title or 
for any failure 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 title or of any regulation 
or permit issued under this title or for any failure to act 
as required by law. 
SEC. 545. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) REVIEW BY SECRETARY.— 
(1)(A) Any person issued a notice of violation 
or cessation order under section 556, or any person 
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having an interest which is or may be adversely af-
fected by such notice or order, may apply to the Sec-
retary, or for National Forest System lands the Sec-
retary of Agriculture, for review of the notice or 
order within 30 days after receipt thereof, or as the 
case may be, within 30 days after such notice or 
order is modified, vacated, or terminated. 
(B) Any person who is subject to a penalty as-
sessed under section 556 may apply to the Secretary 
concerned for review of the assessment within 45 
days of notification of such penalty. 
(C) Any person may apply to such Secretary for 
review of the decision within 30 days after it is 
made. 
(D) Pending a review by the Secretary or reso-
lution of an administrative appeal, final decisions 
(except enforcement actions under section 556) shall 
be stayed. 
(2) The Secretary concerned shall provide an 
opportunity for a public hearing at the request of 
any party to the proceeding as specified in para-
graph (1). The filing of an application for review 
under this subsection shall not operate as a stay of 
any order or notice issued under section 556. 
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(3) For any review proceeding under this sub-
section, the Secretary concerned shall make findings 
of fact and shall issue a written decision incor-
porating therein an order vacating, affirming, modi-
fying, or terminating the notice, order, or decision, 
or with respect to an assessment, the amount of 
penalty that is warranted. Where the application for 
review concerns a cessation order issued under sec-
tion 556 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 
(2), whichever is later, unless temporary relief has 
been granted by the Secretary concerned under 
paragraph (4). 
(4) Pending completion of any review pro-
ceedings under this subsection, the applicant may 
file with the Secretary, or for National Forest Sys-
tem lands the Secretary of Agriculture, a written re-
quest that the Secretary grant temporary relief from 
any order issued under section 556 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 
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