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(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 308, 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 
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 
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of this Act have been fully met, the remaining por-
tion 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 title. 
(g) EFFLUENT.—Notwithstanding section 307(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 
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 
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mineral activities exists, or the terms and conditions of 
the explorations or operations permit of this Act were not 
fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 506 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. 307. OPERATION AND RECLAMATION. 
(a) GENERAL RULE.—(1) The operator shall restore 
lands subject to mineral activities carried out under a per-
mit issued under this title to a condition capable of sup-
porting— 
(A) the uses which such lands were capable of 
supporting prior to surface disturbance by the oper-
ator, or 
(B) other beneficial uses which conform to ap-
plicable land use plans as determined by the Sec-
retary, or for National Forest System lands, the 
Secretary of Agriculture. 
(2) Reclamation shall proceed as contemporaneously 
as practicable with the conduct of mineral activities. In 
the case of a cessation of mineral activities beyond that 
provided for as a temporary cessation under this Act, rec-
lamation activities shall begin immediately. 
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(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 Act. 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. 
(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, 
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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-
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. 
(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 
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the Secretary, or for National Forest System lands the 
Secretary of Agriculture. 
SEC. 308. STATE LAW AND REGULATION. 
(a) STATE LAW.—(1) Any reclamation, land use, en-
vironmental, or public health protection standard or re-
quirement in State law or regulation that meets or exceeds 
the requirements of this Act shall not be construed to be 
inconsistent with any such standard. 
(2) Any bonding standard or requirement in State 
law or regulation that meets or exceeds the requirements 
of this Act shall not be construed to be inconsistent with 
such requirements. 
(3) Any inspection standard or requirement in State 
law or regulation that meets or exceeds the requirements 
of this Act shall not be construed to be inconsistent with 
such requirements. 
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.—(1) Nothing in this Act shall be construed as af-
fecting 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 Act. 
(2) Nothing in this Act shall be construed as affecting 
in any way the right of any person to enforce or protect, 
under applicable law, such person’s interest in water re-
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sources affected by mineral activities on lands subject to 
this Act. 
(c) COOPERATIVE AGREEMENTS.—(1) Any State 
may enter into a cooperative agreement with the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, for the purposes of such Secretary applying 
such standards and requirements referred to in subsection 
(a) and subsection (b) to mineral activities or reclamation 
on lands subject to this Act. 
(2) In such instances where the proposed mineral ac-
tivities would affect lands not subject to this Act in addi-
tion to lands subject to this Act, in order to approve a 
plan of operations the Secretary concerned shall enter into 
a cooperative agreement with the State that sets forth a 
common regulatory framework consistent with the require-
ments of this Act for the purposes of such plan of oper-
ations. Any such common regulatory framework shall not 
negate the authority of the Federal Government to inde-
pendently inspect mines and operations and bring enforce-
ment actions for violations. 
(3) The Secretary concerned shall not enter into a 
cooperative agreement with any State under this section 
until after notice in the Federal Register and opportunity 
for public comment and hearing. 
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(d) PRIOR AGREEMENTS.—Any cooperative agree-
ment or such other understanding between the Secretary 
concerned and any State, or political subdivision thereof, 
relating to the management of mineral activities on lands 
subject to this Act that was in existence on the date of 
enactment of this Act may only continue in force until 1 
year after the date of enactment of this Act. During such 
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 Act. 
SEC. 309. LIMITATION ON THE ISSUANCE OF PERMITS. 
No permit shall be issued under this title that author-
izes mineral activities that would impair the land or re-
sources of a National Park or a National Monument. For 
purposes of this section, the term ‘‘impair’’ shall include 
any diminution of the affected land including wildlife, sce-
nic assets, water resources, air quality, and acoustic quali-
ties, or other changes that would impair a citizen’s experi-
ence at the National Park or National Monument. 
TITLE IV—MINING MITIGATION 
Subtitle A—Locatable Minerals 
Fund 
SEC. 401. ESTABLISHMENT OF FUND. 
(a) ESTABLISHMENT.—There is established on the 
books of the Treasury of the United States a separate ac-
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count to be known as the Locatable Minerals Fund (here-
inafter in this subtitle referred to as the ‘‘Fund’’). 
(b) INVESTMENT.—The Secretary shall notify the 
Secretary of the Treasury as to what portion of the Fund 
is not, in the Secretary’s judgment, required to meet cur-
rent withdrawals. The Secretary of the Treasury shall in-
vest such portion of the Fund in public debt securities 
with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of 
the Treasury, taking into consideration current market 
yields on outstanding marketplace obligations of the 
United States of comparable maturities. 
SEC. 402. CONTENTS OF FUND. 
The following amounts shall be credited to the Fund: 
(1) All moneys collected pursuant to section 
506 (relating to enforcement) and section 504 (relat-
ing to citizens suits). 
(2) 
All 
fees 
received 
under 
section 
304(a)(1)(B). 
(3) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this 
subtitle. 
(4) All amounts deposited in the Fund under 
section 102 (relating to royalties and penalties for 
underreporting). 
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(5) All amounts received by the United States 
pursuant to section 101 from issuance of patents. 
(6) All amounts received by the United States 
pursuant to section 103 as claim maintenance and 
location fees minus the moneys allocated for admin-
istration of the mining laws by the Department of 
the Interior. 
(7) All income on investments under section 
401(b). 
SEC. 403. SUBACCOUNTS. 
There shall be in the Fund 2 subaccounts, as follows: 
(1) The Hardrock Reclamation Account, which 
shall consist of two-thirds of the amounts credited to 
the Fund under section 402 and which shall be ad-
ministered by the Secretary acting through the Di-
rector of the Office of Surface Mining and Enforce-
ment. 
(2) The Hardrock Community Impact Assist-
ance Account, which shall consist of one-third of the 
amounts credited to the Fund under section 402 and 
which shall be administered by the Secretary acting 
through the Director of the Bureau of Land Man-
agement. 
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Subtitle B—Use of Hardrock 
Reclamation Account 
SEC. 411. USE AND OBJECTIVES OF THE ACCOUNT. 
(a) IN GENERAL.—The Secretary is authorized, sub-
ject to appropriations, to use moneys in the Hardrock Rec-
lamation Account for the reclamation and restoration of 
land and water resources adversely affected by past min-
eral activities on lands the legal and beneficial title to 
which resides in the United States, land within the exte-
rior boundary of any national forest system unit, or other 
lands described in subsection (d) or section 412, including 
any of the following: 
(1) Protecting public health and safety. 
(2) Preventing, abating, treating, and control-
ling water pollution created by abandoned mine 
drainage, including in river watershed areas. 
(3) Reclaiming and restoring abandoned surface 
and underground mined areas. 
(4) Reclaiming and restoring abandoned milling 
and processing areas. 
(5) Backfilling, sealing, or otherwise control-
ling, abandoned underground mine entries. 
(6) Revegetating land adversely affected by past 
mineral activities in order to prevent erosion and 
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sedimentation, to enhance wildlife habitat, and for 
any other reclamation purpose. 
(7) Controlling of surface subsidence due to 
abandoned underground mines. 
(b) ALLOCATION.—Of the amounts deposited into the 
Hardrock Reclamation Account, 50 percent shall be allo-
cated by the Secretary among the States within the bound-
aries of which occurs production of locatable minerals 
from mining claims located under the general mining laws 
and maintained in compliance with this Act, or mineral 
concentrates or products derived from locatable minerals 
from mining claims located under the general mining laws 
and maintained in compliance with this Act, as the case 
may be, in proportion to the amount of such production 
in each such State. Expenditures of the remainder of such 
amounts shall reflect the following priorities in the order 
stated: 
(1) The protection of public health and safety, 
from extreme danger from the adverse effects of 
past mineral activities, especially as relates to sur-
face water and groundwater contaminants. 
(2) The protection of public health and safety, 
from the adverse effects of past mineral activities. 
(3) The restoration of land, water, and fish and 
wildlife resources previously degraded by the adverse 
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effects of past mineral activities, which may include 
restoration activities in river watershed areas. 
(c) HABITAT.—Reclamation and restoration activities 
under this subtitle, particularly those identified under sub-
section (a)(4), shall include appropriate mitigation meas-
ures to provide for the continuation of any established 
habitat for wildlife in existence prior to the commencement 
of such activities. 
(d) OTHER AFFECTED LANDS.—Where mineral ex-
ploration, mining, beneficiation, processing, or reclamation 
activities have been carried out with respect to any mineral 
which would be a locatable mineral if the legal and bene-
ficial title to the mineral were in the United States, if such 
activities directly affect lands managed by the Bureau of 
Land Management as well as other lands and if the legal 
and beneficial title to more than 50 percent of the affected 
lands resides in the United States, the Secretary is author-
ized, subject to appropriations, to use moneys in the 
Hardrock Reclamation Account for reclamation and res-
toration under subsection (a) for all directly affected 
lands. 
(e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 
and restoration activities under this subtitle which con-
stitute a removal or remedial action under section 101 of 
the Comprehensive Environmental Response, Compensa-
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tion, and Liability Act of 1980 (42 U.S.C. 9601), shall 
be conducted with the concurrence of the Administrator 
of the Environmental Protection Agency. The Secretary 
and the Administrator shall enter into a Memorandum of 
Understanding to establish procedures for consultation, 
concurrence, training, exchange of technical expertise and 
joint activities under the appropriate circumstances, that 
provide assurances that reclamation or restoration activi-
ties under this subtitle shall not be conducted in a manner 
that increases the costs or likelihood of removal or reme-
dial actions under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.), and that avoid oversight by multiple 
agencies to the maximum extent practicable. 
SEC. 412. ELIGIBLE LANDS AND WATERS. 
(a) ELIGIBILITY.—Reclamation expenditures under 
this subtitle may only be made with respect to Federal 
lands or Indian lands or water resources that traverse or 
are contiguous to Federal lands or Indian lands where 
such lands or water resources have been affected by past 
mineral activities, including any of the following: 
(1) Lands and water resources which were used 
for, or affected by, mineral activities and abandoned 
or left in an inadequate reclamation status before 
the effective date of this Act. 
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(2) Lands for which the Secretary makes a de-
termination that there is no continuing reclamation 
responsibility of a claim holder, operator, or other 
person who abandoned the site prior to completion 
of required reclamation under State or other Federal 
laws. 
(3) Lands for which it can be established that 
such lands do not contain locatable minerals which 
could economically be extracted through the reproc-
essing or remining of such lands, unless such consid-
erations are in conflict with the priorities set forth 
under paragraphs (1) and (2) of section 302(b). 
(b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.— 
The provisions of section 411(d) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 
1240a(d)) shall apply to expenditures made from the 
Hardrock Reclamation Account. 
(c) INVENTORY.—The Secretary shall prepare and 
maintain a publicly available inventory of abandoned 
locatable minerals mines on public lands and any aban-
doned mine on Indian lands that may be eligible for ex-
penditures under this subtitle, and shall deliver a yearly 
report to the Congress on the progress in cleanup of such 
sites. 
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SEC. 413. EXPENDITURES. 
Moneys available from the Hardrock Reclamation Ac-
count may be expended for the purposes specified in sec-
tion 411 directly by the Director of the Office of Surface 
Mining Reclamation and Enforcement. The Director may 
also make such money available for such purposes to the 
Director of the Bureau of Land Management, the Chief 
of the United States Forest Service, the Director of the 
National Park Service, or Director of the United States 
Fish and Wildlife Service, to any other agency of the 
United States, to an Indian tribe, or to any public entity 
that volunteers to develop and implement, and that has 
the ability to carry out, all or a significant portion of a 
reclamation program under this subtitle. 
SEC. 414. AUTHORIZATION OF APPROPRIATIONS. 
Amounts credited to the Hardrock Reclamation Ac-
count are authorized to be appropriated for the purpose 
of this subtitle without fiscal year limitation. 
Subtitle C—Use of Hardrock Com-
munity Impact Assistance Ac-
count 
SEC. 421. USE AND OBJECTIVES OF THE ACCOUNT. 
Amounts in the Hardrock Community Impact Assist-
ance Account shall be available to the Secretary, subject 
to appropriations, to provide assistance for the planning, 
construction, and maintenance of public facilities and the 
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provision of public services to States, political subdivisions 
and Indian tribes that are socially or economically im-
pacted by mineral activities conducted under the general 
mining laws. 
SEC. 422. ALLOCATION OF FUNDS. 
Moneys deposited into the Hardrock Community Im-
pact Assistance Account shall be allocated by the Sec-
retary for purposes of section 421 among the States within 
the boundaries of which occurs production of locatable 
minerals from mining claims located under the general 
mining laws and maintained in compliance with this Act, 
or mineral concentrates or products derived from locatable 
minerals from mining claims located under the general 
mining laws and maintained in compliance with this Act, 
as the case may be, in proportion to the amount of such 
production in each such State. 
TITLE V—ADMINISTRATIVE AND 
MISCELLANEOUS PROVISIONS 
Subtitle A—Administrative 
Provisions 
SEC. 501. POLICY FUNCTIONS. 
(a) MINERALS POLICY.—Section 101 of the Mining 
and Minerals Policy Act of 1970 (30 U.S.C. 21a) is 
amended— 
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(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 
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. 502. 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 Act such user fees as 
may be necessary to reimburse the United States for the 
expenses 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 
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in an aggregate amount of the fees collected during any 
fiscal year which does not exceed the aggregate amount 
of administrative 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 
Statistics of the Department of Labor every 5 years after 
the date of enactment of this Act, or more frequently 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 adjustment is made. 
(3) A fee adjustment under this subsection shall 
begin to apply the calendar year following the calendar 
year in which it is made. 
SEC. 503. INSPECTION AND MONITORING. 
(a) INSPECTIONS.—(1) The Secretary, or for Na-
tional Forest System lands the Secretary of Agriculture, 
shall make inspections of mineral activities so as to ensure 
compliance with the requirements of this Act. 
(2) The Secretary concerned shall establish a fre-
quency of inspections for mineral activities conducted 
under a permit issued under title III, but in no event shall 
such inspection frequency be less than one complete in-
spection per calendar quarter or, two per calendar quarter 
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in the case of a permit for which the Secretary concerned 
approves an application under section 304(f) (relating to 
temporary cessation of operations). After revegetation has 
been established in accordance with a reclamation plan, 
such Secretary shall conduct annually 2 complete inspec-
tions. Such Secretary shall have the discretion to modify 
the inspection frequency for mineral activities that are 
conducted on a seasonal basis. Inspections shall continue 
under this subsection until final release of financial assur-
ance. 
(3)(A) Any person who has reason to believe he or 
she is or may be adversely affected by mineral activities 
due to any violation of the requirements of a permit ap-
proved under this Act may request an inspection. The Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, shall determine within 10 working days of 
receipt of the request whether the request states a reason 
to believe that a violation exists. If the person alleges and 
provides 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 inspec-
tion shall be conducted immediately. When an inspection 
is conducted under this paragraph, the Secretary con-
cerned shall notify the person requesting the inspection, 
and such person shall be allowed to accompany the Sec-
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retary concerned or the Secretary’s authorized representa-
tive during the inspection. The Secretary shall not incur 
any liability for allowing such person to accompany an au-
thorized representative. The identity of the person sup-
plying information to the Secretary relating to a possible 
violation or imminent danger or harm shall remain con-
fidential with the Secretary if so requested by that person, 
unless that person elects to accompany an authorized rep-
resentative on the inspection. 
(B) The Secretaries shall, by joint rule, establish pro-
cedures for the review of (i) any decision by an authorized 
representative not to inspect; or (ii) any refusal by such 
representative to ensure that remedial actions are taken 
with respect to any alleged violation. The Secretary con-
cerned 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 Na-
tional Forest System lands the Secretary of Agriculture, 
shall require all operators to develop and maintain a moni-
toring and evaluation system that shall identify compli-
ance with all requirements of a permit approved under this 
Act. The Secretary concerned may require additional mon-
itoring to be conducted as necessary to assure compliance 
with the reclamation and other environmental standards 
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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) The operator shall file reports with the Secretary, 
or for National Forest System lands the Secretary of Agri-
culture, on a frequency determined by the Secretary con-
cerned, 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 under 
this Act, it shall be reported immediately to the Secretary 
concerned. The Secretary shall evaluate the reports sub-
mitted pursuant to this paragraph, and based on those 
reports and any necessary inspection shall take enforce-
ment 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 System 
lands the Secretary of Agriculture, shall determine what 
information shall be reported by the operator pursuant to 
paragraph (3). A failure to report as required by the Sec-
retary concerned shall constitute a violation of this Act 
and subject the operator to enforcement action pursuant 
to section 506. 
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SEC. 504. 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 
in violation of any of the provisions of this Act or 
any regulation promulgated pursuant to title III of 
this Act or any term or condition of any permit 
issued under title III of this Act; 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 Act, 
or to promulgate any regulation under this Act, 
which is not within the discretion of the Secretary 
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 Act. 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 505 may only be filed in a United 
States district court within the circuit in which such action 
would be reviewable under section 505. 
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(b) EXCEPTIONS.—(1) No action may be commenced 
under subsection (a) before the end of the 60-day period 
beginning on the date the plaintiff has given notice in writ-
ing of such alleged violation to the alleged violator and 
the Secretary, or for National Forest System lands the 
Secretary of Agriculture, except that any such action may 
be brought immediately after such notification if the viola-
tion complained of constitutes an imminent threat to the 
environment or to the health or safety of the public. 
(2) 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 diligently prosecuting a civil or criminal action in 
a court of the United States to require compliance. 
(3) No action may be commenced under paragraph 
(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 505 or under any 
other provision of law at any time after such promulga-
tion, 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. 
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(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 party whenever the court determines such 
award is appropriate. The court may, if a temporary re-
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. 
(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 Act 
or of any regulation or permit issued under this Act 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 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)(A) Any person 
issued a notice of violation or cessation order under sec-
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tion 506, or any person having an interest which is or 
may be adversely affected by such notice or order, may 
apply to the Secretary, or for National Forest System 
lands the Secretary 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 assessed 
under section 506 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 re-
view of the decision within 30 days after it is made. 
(D) Pending a review by the Secretary or resolution 
of an administrative appeal, final decisions (except en-
forcement actions under section 506) shall be stayed. 
(2) The Secretary concerned shall provide an oppor-
tunity for a public hearing at the request of any party 
to the proceeding as specified in paragraph (1). The filing 
of an application for review under this subsection shall not 
operate as a stay of any order or notice issued under sec-
tion 506. 
(3) For any review proceeding under this subsection, 
the Secretary concerned shall make findings of fact and 
shall issue a written decision incorporating therein an 
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order vacating, affirming, modifying, or terminating the 
notice, order, or decision, or with respect to an assess-
ment, the amount of penalty that is warranted. Where the 
application 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 appli-
cation 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 Sec-
retary concerned under paragraph (4). 
(4) Pending completion of any review proceedings 
under this subsection, the applicant may file with the Sec-
retary, or for National Forest System lands the Secretary 
of Agriculture, a written 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 con-
ditions as he or she may prescribe only if such relief 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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(5) The availability of review under this subsection 
shall not be construed to limit the operation of rights 
under section 504 (relating to citizen suits). 
(b) JUDICIAL REVIEW.—(1) Any final action by the 
Secretaries of the Interior and Agriculture in promul-
gating regulations to implement this Act, or any other 
final actions constituting rulemaking to implement this 
Act, shall be subject to judicial review only in the United 
States Court of Appeals for the District of Columbia. Any 
action subject to judicial review under this subsection shall 
be affirmed unless the court concludes that such action 
is arbitrary, capricious, or otherwise inconsistent with law. 
A petition for review of any action subject to judicial re-
view 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 rulemaking or 
any person who may be adversely affected by the action 
of the Secretaries. 
(2) Final agency action under this subsection, includ-
ing such final action on those matters described under 
subsection (a), shall be subject to judicial review in accord-
ance with paragraph (4) and pursuant to section 1391 of 
title 28, United States Code, on or before 60 days from 
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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, capricious, 
or otherwise inconsistent with law. 
(3) The availability of judicial review established in 
this subsection shall not be construed to limit the oper-
ations of rights under section 504 (relating to citizens 
suits). 
(4) The court shall hear any petition or complaint 
filed under this subsection solely on the record made be-
fore the Secretary or Secretaries concerned. The court 
may affirm or vacate any order or decision or may remand 
the proceedings to the Secretary or Secretaries for such 
further action as it may direct. 
(5) The commencement of a proceeding under this 
section shall not, unless specifically ordered by 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-
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