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 National 
Forest System lands the Secretary of Agriculture, shall re-
quire all operators to develop and maintain a monitoring 
and evaluation system that shall identify compliance with 
all requirements of a permit approved under this Act. The 
Secretary concerned may require additional monitoring to 
be conducted as necessary to assure compliance with the rec-
lamation and other environmental standards 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 re-
ports and any necessary inspection shall take enforcement 
action pursuant to this section. Such reports shall be main-
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tained 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 informa-
tion shall be reported by the operator pursuant to para-
graph (3). A failure to report as required by the Secretary 
concerned shall constitute a violation of this Act and subject 
the operator to enforcement action pursuant to section 506. 
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 allged to be 
in violation of any of the provisions of this Act or 
any regulation promulgated pursuant to this Act or 
any term or condition of any permit issued under 
this Act; or 
(2) against the Secretary or the Secretary of Ag-
riculture where there is alleged a failure of such Sec-
retary 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 con-
cerned. 
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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 delayed, 
except that an action to compel agency action reviewable 
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. 
(b) EXCEPTIONS.—(1) No action may be commenced 
under subsection (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 the alleged violator and the 
Secretary, or for National Forest System lands the Sec-
retary of Agriculture, except that any such action may be 
brought immediately after such notification if the violation 
complained of constitutes an imminent threat to the envi-
ronment 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. 
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(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 judi-
cially reviewable under section 505 or under any other pro-
vision 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 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 
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or of any regulation or permit issued under this Act or for 
any failure to act as required by law. Nothing in this sec-
tion shall affect the jurisdiction of any court under any pro-
vision 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 section 
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 Sec-
retary of Agriculture, for review of the notice or order with-
in 30 days after receipt thereof, or as the case may be, with-
in 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. 
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(D) Pending a review by the Secretary or resolution 
of an administrative appeal, final decisions (except enforce-
ment 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 section 
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 
order vacating, affirming, modifying, or terminating the 
notice, order, or decision, or with respect to an assessment, 
the amount of penalty that is warranted. Where the appli-
cation 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 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 proceedings 
under this subsection, the applicant may file with the Sec-
retary, or for National Forest System lands the Secretary 
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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 Sec-
retary concerned may grant such relief under such condi-
tions 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. 
(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 promulgating 
regulations to implement this Act, or any other final ac-
tions 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, ca-
pricious, 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 
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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 sub-
section (a), shall be subject to judicial 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 con-
cludes 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 operations 
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 before 
the Secretary or Secretaries concerned. The court may af-
firm 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 sec-
tion shall not, unless specifically ordered by the court, oper-
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ate as a stay of the action, order, or decision of the Sec-
retary or Secretaries concerned. 
(c) COSTS.—Whenever a proceeding occurs under sub-
section (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 reasonably incurred by 
such person for or in connection with participation in such 
proceedings, including any judicial review of the pro-
ceeding, 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 administrative 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 substantial contribution to a full 
and fair determination of the issues. 
SEC. 506. 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 title III or any regulation issued by the 
Secretaries to implement this Act, such Secretary or author-
ized representative shall issue to such person a notice of 
violation describing the violation and the corrective meas-
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ures to be taken. The Secretary concerned, or the authorized 
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 Sec-
retary concerned upon a showing of good cause by such per-
son. If, upon the expiration of time provided for such abate-
ment, 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 vio-
lation. 
(2) If the Secretary concerned, or the authorized rep-
resentative of the Secretary concerned, determines that any 
condition or practice exists, or that any person is in viola-
tion of any requirement under a permit approved under 
this Act, and such condition, practice or violation is caus-
ing, or can reasonably be expected to cause— 
(A) an imminent danger to the health or safety 
of the public; or 
(B) significant, imminent environmental harm 
to land, air, water, or fish or wildlife resources; 
such Secretary or authorized representative shall imme-
diately order a cessation of mineral activities or the portion 
thereof relevant to the condition, practice, or violation. 
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(3)(A) A cessation order pursuant to paragraphs (1) 
or (2) shall remain in effect until such Secretary, or author-
ized 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 viola-
tion in the most expeditious manner possible and shall in-
clude the necessary measures in the order. The Secretary 
concerned shall require appropriate financial assurances to 
ensure that the abatement 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 authorized representative of such 
Secretary. Any person to whom any such notice or order 
is issued shall be entitled to a hearing on the record. 
(4) If, after 30 days of the date of the order referred 
to in paragraph (3)(A) the required abatement has not oc-
curred, 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 expedi-
tious manner possible. Such alternative enforcement action 
may include, but is not necessarily limited to, seeking ap-
propriate injunctive relief to bring about abatement. Noth-
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ing 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 ex-
piration of 30 days. 
(5) If a claim holder or operator (or any person who 
controls the claim holder or operator) fails to abate a viola-
tion or defaults on the terms of the permit, the Secretary, 
or for National Forest System lands the Secretary of Agri-
culture, shall forfeit the financial assurance for the plan 
as necessary to ensure abatement and reclamation under 
this Act. The Secretary concerned may prescribe conditions 
under which a surety may perform reclamation in accord-
ance with the approved plan in lieu of forfeiture. 
(6) The Secretary, or for National Forest System lands 
the Secretary of Agriculture, shall not cause forfeiture of 
the financial assurance while administrative or judicial re-
view is pending. 
(7) In the event of forfeiture, the claim holder, oper-
ator, or any affiliate thereof, as appropriate as determined 
by the Secretary by rule, shall be jointly and severally liable 
for any remaining reclamation obligations under this Act. 
(b) COMPLIANCE.—The Secretary, or for National For-
est System lands the Secretary of Agriculture, may request 
the Attorney General to institute a civil action for relief, 
including a permanent or temporary injunction or re-
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straining order, or any other appropriate enforcement 
order, including the imposition of civil penalties, in the dis-
trict court of the United States for the district in which 
the mineral activities are located whenever a person— 
(1) violates, fails, or refuses to comply with any 
order issued by the Secretary concerned under sub-
section (a); or 
(2) interferes with, hinders, or delays the Sec-
retary concerned in carrying out an inspection under 
section 503. 
Such court shall have jurisdiction to provide such relief as 
may be appropriate. Any relief granted by the court to en-
force 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 Office 
of Surface Mining Reclamation and Enforcement to ensure 
compliance with the requirements of this Act. 
(d) PENALTIES.—(1) Any person who fails to comply 
with any requirement of a permit approved under this Act 
or any regulation issued by the Secretaries to implement 
this Act shall be liable for a penalty of not more than 
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$25,000 per violation. Each day of violation may be deemed 
a separate violation for purposes of penalty assessments. 
(2) A person who fails to correct a violation for which 
a cessation order has been issued under subsection (a) with-
in the period permitted for its correction shall be assessed 
a civil penalty of not less than $1,000 per violation for each 
day during which such failure continues. 
(3) Whenever a corporation is in violation of a re-
quirement of a permit approved under this Act or any regu-
lation issued by the Secretaries to implement this Act or 
fails or refuses to comply with an order issued under sub-
section (a), any director, officer, or agent of such corpora-
tion who knowingly authorized, ordered, or carried out such 
violation, failure, or refusal shall be subject to the same pen-
alties as may be imposed upon the person referred to in 
paragraph (1). 
(e) SUSPENSIONS OR REVOCATIONS.—The Secretary, 
or for National Forest System lands the Secretary of Agri-
culture, shall suspend or revoke a permit issued under title 
III, in whole or in part, if the operator— 
(1) knowingly made or knowingly makes any 
false, inaccurate, or misleading material statement in 
any mining claim, notice of location, application, 
record, report, plan, or other document filed or re-
quired to be maintained under this Act; 
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(2) fails to abate a violation covered by a ces-
sation order issued under subsection (a); 
(3) fails to comply with an order of the Sec-
retary concerned; 
(4) refuses to permit an audit pursuant to this 
Act; 
(5) fails to maintain an adequate financial as-
surance under section 306; 
(6) fails to pay claim maintenance fees or other 
moneys due and owing under this Act; or 
(7) with regard to plans conditionally approved 
under section 305(c)(2), fails to abate a violation to 
the satisfaction of the Secretary concerned, or if the 
validity of the violation is upheld on the appeal 
which formed the basis for the conditional approval. 
(f) FALSE STATEMENTS; TAMPERING.—Any person 
who knowingly— 
(1) makes any false material statement, rep-
resentation, or certification in, or omits or conceals 
material information from, or unlawfully alters, any 
mining claim, notice of location, application, record, 
report, plan, or other documents filed or required to 
be maintained under this Act; or 
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(2) falsifies, tampers with, renders inaccurate, or 
fails to install any monitoring device or method re-
quired to be maintained under this Act, 
shall upon conviction, be punished by a fine of not more 
than $10,000, or by imprisonment for not more than 2 
years, or by both. If a conviction of a person is for a viola-
tion committed after a first conviction of such person under 
this subsection, punishment shall be by a fine of not more 
than $20,000 per day of violation, or by imprisonment 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 title III, or 
(2) violates any other requirement of a permit 
issued under this Act, or any condition or limitation 
thereof, 
shall upon conviction be punished by a fine of not less than 
$5,000 nor more than $50,000 per day of violation, or by 
imprisonment for not more than 3 years, or both. If a con-
viction of a person is for a violation committed after the 
first conviction of such person under this subsection, pun-
ishment shall be a fine of not less than $10,000 per day 
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of violation, or by imprisonment of not more than 6 years, 
or both. 
(h) KNOWING AND WILLFUL VIOLATIONS.—Any person 
who knowingly and willfully commits an act for which a 
civil penalty is provided in paragraph (1) of subsection (g) 
shall, upon conviction, be punished by a fine of not more 
than $50,000, or by imprisonment for not more than 2 
years, or both. 
(i) DEFINITION.—For purposes of this section, the 
term ‘‘person’’ includes any officer, agent, or employee of 
a person. 
SEC. 507. REGULATIONS. 
The Secretary and the Secretary of Agriculture shall 
issue such regulations as are necessary to implement this 
Act. The regulations implementing title II, title III, title 
IV, and title V that affect the Forest Service shall be joint 
regulations issued by both Secretaries, and shall be issued 
no later than 180 days after the date of enactment of this 
Act. 
SEC. 508. EFFECTIVE DATE. 
This Act shall take effect on the date of enactment of 
this Act, except as otherwise provided in this Act. 
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