(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. 
(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-
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. 
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(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 any 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 
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. 
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(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. 145. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) REVIEW BY SECRETARY.— 
(1)(A) Any person issued a notice of violation 
or cessation order under section 146, or any person 
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. 
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