(2) MANNER OF USE.—Amounts in the Fund 
may— 
(A) be expended by the Secretary for the 
purposes described in paragraph (1); 
(B) be transferred by the Secretary to the 
Director of the Bureau of Land Management, 
the Chief of the Forest Service, the Director of 
the National Park Service, the Director of the 
United States Fish and Wildlife Service, the 
head of any other Federal agency, or any public 
entity that volunteers to develop and imple-
ment, and that has the ability to carry out, all 
or a significant portion of a reclamation pro-
gram under this title; or 
(C) be transferred by the Secretary to an 
Indian Tribe or a State to carry out a reclama-
tion program under this title that meets the 
purposes described in paragraph (1). 
(b) ALLOCATION.—Of the amounts deposited into the 
Fund— 
(1) 25 percent shall be allocated for expenditure 
by the Secretary in States or on Tribal lands within 
the boundaries of which occurs production of 
hardrock minerals or mineral concentrates or prod-
ucts derived from hardrock minerals, based on a for-
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mula reflecting existing production in each such 
State or on the land of the Indian Tribe; 
(2) 25 percent shall be allocated for expenditure 
by the Secretary in States or on Tribal lands based 
on a formula reflecting the quantity of hardrock 
minerals, or mineral concentrates or products de-
rived from hardrock minerals, historically produced 
in each such State or from the land of the Indian 
Tribe before the date of enactment of this Act; and 
(3) 50 percent shall be allocated for expenditure 
by the Secretary to address high-priority needs ac-
cording to the priorities in subsection (c). 
(c) PRIORITIES.—Expenditures of moneys from the 
Fund shall reflect the following priorities in the order stat-
ed: 
(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 ground water 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 
effects of past mineral activities, which may include 
restoration activities in river watershed areas. 
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(d) HABITAT.—Reclamation and restoration activi-
ties under this title shall include appropriate mitigation 
measures to provide for the continuation of any estab-
lished habitat for wildlife in existence before the com-
mencement of such activities. 
(e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 
and restoration activities under this title that constitute 
a removal or remedial action under section 101 of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601) shall be con-
ducted with the concurrence of the Administrator of the 
Environmental Protection Agency. The Secretary and the 
Administrator shall enter into a memorandum of under-
standing to establish procedures for consultation, concur-
rence, training, exchange of technical expertise, and joint 
activities under the appropriate circumstances, that pro-
vide assurances that reclamation or restoration activities 
under this title shall not be conducted in a manner that 
increases the costs or likelihood of removal or remedial 
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. 
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SEC. 405. ELIGIBLE LANDS AND WATERS. 
(a) ELIGIBILITY.—Reclamation expenditures under 
this title may only be made with respect to Federal, State, 
Indian, local, and private lands that have been affected 
by past mineral activities, and water resources that tra-
verse or are contiguous to such lands, including any of 
the following: 
(1) Lands and water resources that were used 
for, or affected by, mineral activities and abandoned 
or left in an inadequate reclamation status before 
the effective date of this Act. 
(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. 
(b) INVENTORY.—The Secretary shall prepare and 
maintain a publicly available inventory of abandoned 
hardrock minerals mines on public lands and any aban-
doned mine on Indian lands that may be eligible for ex-
penditures under this title, and shall submit an annual 
report to the Congress on the progress in cleanup of such 
sites. 
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SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 
Amounts credited to the Fund are authorized to be 
appropriated for the purpose of this title without fiscal 
year limitation. 
TITLE V—ADDITIONAL 
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— 
(1) by inserting ‘‘and to ensure that mineral ex-
traction and processing not cause undue degradation 
of the natural and cultural resources of the public 
lands’’ after ‘‘activities’’; and 
(2) by adding at the end the following: ‘‘It shall 
also be the responsibility of the Secretary of Agri-
culture to carry out the policy provisions of clauses 
(1) and (2) of the first paragraph 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’’. 
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SEC. 502. USER FEES AND INFLATION ADJUSTMENT. 
(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 
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) INFLATION.—The Secretary shall adjust the 
fees required by this section, and all claim mainte-
nance fees, rental rates, penalty amounts, and other 
dollar amounts established in this Act, to reflect 
changes in the Consumer Price Index published by 
the Bureau of Labor Statistics of the Department of 
Labor every 3 years after the date of enactment of 
this Act, or more frequently if the Secretary deter-
mines an adjustment to be reasonable. 
(2) NOTICE.—The Secretary shall provide 
claimants, license holders, and lease holders notice of 
any adjustment made under this subsection not later 
than July 1 of any year in which the adjustment is 
made. 
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(3) APPLICABILITY.—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) IN
GENERAL.—The Secretary concerned 
shall make inspections of mineral activities so as to 
ensure compliance with the requirements of this Act. 
(2) FREQUENCY.—The Secretary concerned 
shall establish a frequency of inspections for mineral 
activities conducted under a permit issued under 
title III, but in no event shall such inspection fre-
quency be less than one complete inspection per cal-
endar quarter or, two per calendar quarter in the 
case of a permit for which the Secretary concerned 
approves an application under section 304(f). After 
revegetation has been established in accordance with 
a reclamation plan, such Secretary shall conduct 2 
complete inspections annually. Such Secretary shall 
have the discretion to modify the inspection fre-
quency for mineral activities that are conducted on 
a seasonal basis. Inspections shall continue under 
this subsection until final release of financial assur-
ance. 
(3) BY REQUEST.— 
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(A) IN
GENERAL.—Any person who has 
reason to believe he or she is or may be ad-
versely affected by mineral activities due to any 
violation of the requirements of a permit ap-
proved under this Act may request an inspec-
tion. 
(B) REVIEW PERIOD.—The Secretary con-
cerned shall determine within 10 working days 
of receipt of the request whether the request 
states a reason to believe that a violation exists. 
(C) IMMINENT THREAT.—If the person al-
leges and provides reason to believe that an im-
minent 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. 
(D) NOTIFICATION.—When an inspection 
is conducted under this paragraph, the Sec-
retary concerned shall notify the person re-
questing the inspection, and such person shall 
be allowed to accompany the Secretary con-
cerned or the Secretary’s authorized representa-
tive during the inspection. 
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(E) LIABILITY.—The Secretary shall not 
incur any liability for allowing such person to 
accompany an authorized representative. 
(F) ANONYMITY.—The identity of the per-
son supplying information to the Secretary re-
lating to a possible violation or imminent dan-
ger or harm shall remain confidential with the 
Secretary if so requested by that person, unless 
that person elects to accompany an authorized 
representative on the inspection. 
(G) PROCEDURES.—The Secretaries shall, 
by joint rule, establish procedures for the review 
of— 
(i) any decision by an authorized rep-
resentative not to inspect; or 
(ii) any refusal by such representative 
to ensure that remedial actions are taken 
with respect to any alleged violation. 
(H) WRITTEN
STATEMENT.—The Sec-
retary concerned shall furnish a person request-
ing a review a written statement of the reasons 
for the Secretary’s final disposition of the case. 
(b) MONITORING.— 
(1) MONITORING SYSTEM.—The Secretary con-
cerned shall require all operators to develop and 
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100 
maintain a monitoring and evaluation system that 
shall identify compliance with all requirements of a 
permit approved under this Act. The Secretary con-
cerned may require additional monitoring to be con-
ducted as necessary to assure compliance with the 
reclamation and other environmental standards of 
this Act. Such plan must be reviewed and approved 
by the Secretary and shall become a part of the ex-
plorations or operations permit. 
(2) REPORTING REQUIREMENTS.—The operator 
shall file reports with the Secretary concerned, on a 
frequency determined by the Secretary concerned, 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 evalu-
ate the reports submitted pursuant to this para-
graph, 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) FAILURE TO REPORT.—The Secretary con-
cerned shall determine what information shall be re-
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101 
ported by the operator pursuant to paragraph (2). A 
failure to report as required by the Secretary con-
cerned 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 
(c), 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 this Act or 
any term or condition of any lease, license, or permit 
issued under 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. 
(b) DISTRICT COURT JURISDICTION.—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 
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102 
actions brought to apply any civil penalty under this Act. 
The district courts of the United States shall have juris-
diction to compel agency action unreasonably delayed, ex-
cept 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. 
(c) EXCEPTIONS.— 
(1) NOTICE.—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 writing of such alleged violation to the al-
leged violator and the Secretary concerned, except 
that any such action may be brought immediately 
after such notification if the violation complained of 
constitutes an imminent threat to the environment 
or to the health or safety of the public. 
(2) ON-GOING LITIGATION.—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 dili-
gently prosecuting a civil or criminal action in a 
court of the United States to require compliance. 
(3) EXCEPTION.—No action may be commenced 
under subsection (a)(2) against either Secretary to 
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103 
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 promulgation, issuance, 
or denial is final. 
(d) VENUE.—Venue of all actions brought under this 
section shall be determined in accordance with section 
1391 of title 28, United States Code. 
(e) 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. 
(f) 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 
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104 
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) NOTICE OF VIOLATION.—Any person issued 
a notice of violation or cessation order under section 
507, or any person having an interest which is or 
may be adversely affected by such notice or order, 
may apply to the Secretary concerned 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 termi-
nated. 
(2) REVIEW OF PENALTY.—Any person who is 
subject to a penalty assessed under section 507 may 
apply to the Secretary concerned for review of the 
assessment within 45 days of notification of such 
penalty. 
(3) THIRD PARTY REQUESTS.—Any person may 
apply to the Secretary concerned for review of a de-
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105 
cision under this subsection within 30 days after 
such decision is issued. 
(4) STAYS PENDING REVIEW.—Pending a re-
view by the Secretary or resolution of an administra-
tive appeal, final decisions (except enforcement ac-
tions under section 507) shall be stayed. 
(5) PUBLIC
HEARING.—The Secretary con-
cerned shall provide an opportunity for a public 
hearing at the request of any party to the pro-
ceeding 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. 
(6) WRITTEN DECISION.—For any review pro-
ceeding under this subsection, the Secretary con-
cerned 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 as-
sessment, the amount of penalty that is warranted. 
Where the application for review concerns a ces-
sation 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 
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106 
referred to in paragraph (5), whichever is later, un-
less temporary relief has been granted by the Sec-
retary concerned under paragraph (7). 
(7) TEMPORARY RELIEF.—Pending completion 
of any review proceedings under this subsection, the 
applicant may file with the Secretary concerned a 
written request that the Secretary grant temporary 
relief from any order issued under section 506 to-
gether with a detailed statement giving reasons for 
such relief. The Secretary concerned shall expedi-
tiously issue an order or decision granting or deny-
ing such relief. The Secretary concerned may grant 
such relief under such conditions as he or she may 
prescribe only if such relief shall not adversely affect 
the health or safety of the public or cause imminent 
environmental harm to land, air, or water resources. 
(8) SAVINGS CLAUSE.—The availability of re-
view under this subsection shall not be construed to 
limit the operation of rights under section 504. 
(b) JUDICIAL REVIEW.— 
(1) COURT OF APPEALS FOR THE DISTRICT OF 
COLUMBIA.—Any final action by the Secretaries of 
the Interior and Agriculture in promulgating regula-
tions to implement this Act, or any other final ac-
tions constituting rulemaking to implement this Act, 
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107 
shall be subject to judicial review only in the United 
States Court of Appeals for the District of Colum-
bia. Any action subject to judicial review under this 
subsection shall be affirmed unless the court con-
cludes that such action is arbitrary, capricious, or 
otherwise inconsistent with law. A petition for review 
of any action subject to judicial review under this 
subsection shall be filed within 60 days from the 
date of such action, or after such date if the petition 
is based solely on grounds arising after the 60th 
day. Any such petition may be made by any person 
who commented or otherwise participated in the 
rulemaking or any person who may be adversely af-
fected by the action of the Secretaries. 
(2) STANDARD OF REVIEW.—Final agency ac-
tion under this subsection, including such final ac-
tion on those matters described under subsection 
(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 sub-
ject to judicial review under this subsection shall be 
affirmed unless the court concludes that such action 
is arbitrary, capricious, or otherwise inconsistent 
with law. 
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108 
(3) SAVINGS CLAUSE.—The availability of judi-
cial review established in this subsection shall not be 
construed to limit the operations of rights under sec-
tion 504. 
(4) RECORD.—The court shall hear any petition 
or complaint filed under this subsection solely on the 
record made before the Secretary or Secretaries con-
cerned. The court may affirm or vacate any order or 
decision or may remand the proceedings to the Sec-
retary or Secretaries for such further action as it 
may direct. 
(5) COMMENCE
OF
A
PROCEEDING
NOT
A 
STAY.—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-
view of the proceeding, may be assessed against either 
party as the court, in the case of judicial review, or the 
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109 
Secretary or Secretaries concerned in the case of adminis-
trative proceedings, deems proper if it is determined that 
such party prevailed in whole or in part, achieving some 
success on the merits, and that such party made a sub-
stantial contribution to a full and fair determination of 
the issues. 
SEC. 506. REPORTING REQUIREMENTS. 
(a) REPORT TO SECRETARY.—An operator engaging 
in any mineral activities located on Federal land or on In-
dian land shall submit to the Secretary an annual report, 
in a time and manner prescribed by the Secretary, describ-
ing the total amount (in metric tons) and value of 
hardrock minerals produced through such mineral activi-
ties, including the total amount and value of any minerals 
produced from a mine partially located on either Federal 
land or Indian land, disaggregated by mineral and by per-
centage extracted from Federal land and percentage ex-
tracted from Indian land. 
(b) FAILURE TO REPORT.—Any person who fails to 
comply with the requirements of subsection (a) shall be 
subject to a civil penalty not to exceed $25,000 per day 
(indexed for inflation) during which such failure con-
tinues, which may be assessed by the Secretary. 
(c) REPORT
TO CONGRESS.—The Secretary shall 
submit an annual report to Congress providing the fol-
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110 
lowing information for each hardrock mine located on 
Federal land or on Indian land: 
(1) The data submitted for such mine under 
subsection (a). 
(2) The name of the mine operator. 
(3) The State in which such mine is located. 
(4) The Bureau of Land Management Field Of-
fice with jurisdiction over such mine. 
(5) Whether such mine is located on Federal 
land. 
(6) Whether such mine is located on Indian 
land. 
(d) REGULATIONS.—The Secretary shall promulgate 
such regulations as are necessary to carry out this section 
not later than 180 days after the date of the enactment 
of this Act. 
SEC. 507. ENFORCEMENT. 
(a) ORDERS.— 
(1) NOTICE OF VIOLATION.—If the Secretary 
concerned, or an authorized representative of such 
Secretary, determines that any person is in violation 
of any environmental protection requirement or any 
regulation issued by the Secretaries to implement 
this Act, such Secretary or authorized representative 
shall issue to such person a notice of violation de-
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111 
scribing the violation and the corrective measures to 
be taken. The Secretary concerned, or the author-
ized representative of such Secretary, shall provide 
such person with a period of time not to exceed 30 
days to abate the violation. Such period of time may 
be extended by the Secretary concerned upon a 
showing of good cause by such person. If, upon the 
expiration of time provided for such abatement, the 
Secretary concerned, or the authorized representa-
tive of such Secretary, finds that the violation has 
not been abated he or she shall immediately order a 
cessation of all mineral activities or the portion 
thereof relevant to the violation. 
(2) ORDER FOR IMMEDIATE CESSATION.—If the 
Secretary concerned, or the authorized representa-
tive of the Secretary concerned, determines that any 
condition or practice exists, or that any person is in 
violation of any requirement under a permit ap-
proved under this Act, and such condition, practice 
or violation is causing, or can reasonably be expected 
to cause either of the following, such Secretary or 
authorized representative shall immediately order a 
cessation of mineral activities or the portion thereof 
relevant to the condition, practice, or violation: 
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(A) An imminent danger to the health or 
safety of the public. 
(B) Significant, imminent environmental 
harm to land, air, water, or fish or wildlife re-
sources. 
(3) DURATION.— 
(A) TERMINATION.—A cessation order 
pursuant to paragraph (1) or (2) shall remain 
in effect until such Secretary, or authorized 
representative, determines that the condition, 
practice, or violation has been abated, or until 
modified, vacated or terminated by the Sec-
retary or authorized representative. In any such 
order, the Secretary or authorized representa-
tive shall determine the steps necessary to abate 
the violation in the most expeditious manner 
possible and shall include the necessary meas-
ures in the order. 
(B) FINANCIAL
ASSURANCES.—The Sec-
retary concerned shall require appropriate fi-
nancial assurances to ensure that the abate-
ment obligations are met when issuing an order 
under this section. 
(C) AUTHORITY
OF
THE
SECRETARY.— 
Any notice or order issued pursuant to para-
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113 
graph (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) ALTERNATIVE ENFORCEMENT ACTION.—If, 
after 30 days of the date of the order referred to in 
subsection (a) the required abatement has not oc-
curred, the Secretary concerned shall take such al-
ternative enforcement action against the claim hold-
er, license holder, lease holder, or operator (or any 
person who controls the claim holder, license holder, 
lease holder, or operator) as will most likely bring 
about abatement in the most expeditious manner 
possible. Such alternative enforcement action may 
include seeking appropriate injunctive relief to bring 
about abatement. Nothing in this paragraph shall 
preclude the Secretary concerned from taking alter-
native enforcement action prior to the expiration of 
30 days. 
(5) FAILURE OR DEFAULT.—If a claim holder, 
license holder, lease holder, or operator (or any per-
son who controls the claim holder, license holder, 
lease holder, or operator) fails to abate a violation 
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114 
or defaults on the terms of the permit, the Secretary 
concerned shall forfeit the financial assurance for 
the plan as necessary to ensure abatement and rec-
lamation under this Act. The Secretary concerned 
may prescribe conditions under which a surety may 
perform reclamation in accordance with the ap-
proved plan in lieu of forfeiture. 
(6) PENDING
REVIEW.—The Secretary con-
cerned shall not cause forfeiture of the financial as-
surance while administrative or judicial review is 
pending. 
(7) LIABILITY
IN
THE
EVENT
OF
FOR-
FEITURE.—In the event of forfeiture, the claim hold-
er, license holder, lease holder, operator, or any affil-
iate 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 concerned may re-
quest the Attorney General to institute a civil action for 
relief, including a permanent or temporary injunction or 
restraining order, or any other appropriate enforcement 
order, including the imposition of civil penalties, in the dis-
trict court of the United States for the district in which 
the mineral activities are located whenever a person— 
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(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 enforce an order under paragraph (1) shall continue 
in effect until the completion or final termination of all 
proceedings for review of such order unless the district 
court granting such relief sets it aside. 
(c) DELEGATION.—Notwithstanding any other provi-
sion of law, the Secretary may utilize personnel of the Of-
fice of Surface Mining Reclamation and Enforcement to 
ensure compliance with the requirements of this Act. 
(d) PENALTIES.— 
(1) FAILURE TO COMPLY WITH REQUIREMENTS 
OF A PERMIT.—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 $25,000 per violation. Each day of 
violation may be deemed a separate violation for 
purposes of penalty assessments. 
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116 
(2) FAILURE TO COMPLY WITH A CESSATION 
ORDER.—A person who fails to correct a violation 
for which a cessation order has been issued under 
subsection (a) within 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) PENALTIES
FOR
DIRECTORS, OFFICERS, 
AND AGENTS.—Whenever a corporation is in viola-
tion of a requirement of a permit approved under 
this Act or any regulation issued by the Secretaries 
to implement this Act or fails or refuses to comply 
with an order issued under subsection (a), any direc-
tor, officer, or agent of such corporation who know-
ingly authorized, ordered, or carried out such viola-
tion, failure, or refusal shall be subject to the same 
penalties as may be imposed upon the person re-
ferred to in paragraph (1). 
(e) SUSPENSIONS OR REVOCATIONS.—The Secretary 
concerned shall suspend or revoke a permit issued under 
title II, 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, 
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record, report, plan, or other document filed or re-
quired to be maintained under this Act; 
(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, rentals, 
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 
required 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 impris-
onment of not more than 4 years, or both. Each day of 
continuing violation may be deemed a separate violation 
for purposes of penalty assessments. 
(g) KNOWING VIOLATIONS.—Any person who know-
ingly— 
(1) engages in mineral activities without a per-
mit required under title II; 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 conviction of a person is for a violation committed 
after the first conviction of such person under this sub-
section, punishment shall be a fine of not less than 
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$10,000 per day of violation, or by imprisonment of not 
more than 6 years, or both. 
(h) KNOWING AND WILLFUL VIOLATIONS.—Any per-
son who knowingly and willfully commits an act for which 
a civil penalty is provided in paragraph (1) of subsection 
(g) shall, upon conviction, be punished by a fine of not 
more than $50,000, or by imprisonment for not more than 
2 years, or both. 
(i) DEFINITION.—For purposes of this section, the 
term ‘‘person’’ includes any officer, agent, or employee of 
a person. 
SEC. 508. REGULATIONS. 
The Secretary and the Secretary of Agriculture shall 
issue such regulations as are necessary to implement this 
Act. The regulations implementing titles II and III and 
this title that affect the Forest Service shall be joint regu-
lations issued by both Secretaries, and shall be issued not 
later than 180 days after the date of enactment of this 
Act. 
SEC. 509. OIL SHALE CLAIMS. 
Section 2511(f) of the Energy Policy Act of 1992 (30 
U.S.C. 242(f); Public Law 102–486) is amended— 
(1) by striking ‘‘as prescribed by the Sec-
retary’’; and 
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