112
adversely affect the health or safety of the public or cause
significant, 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 405.
(b) JUDICIAL REVIEW.—(1) Any final action by the
Secretaries of the Interior and Agriculture in promulgat-
ing 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 ar-
bitrary, 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 sixtieth day.
Any such petition may be made by any person who com-
mented 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 Act, including
such final action on those matters described under sub-
113
section (a), shall be subject to judicial review in accord-
ance with paragraph (4) and pursuant to 28 U.S.C. 1391
of the 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 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 405 (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
114
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
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. 407. ENFORCEMENT.
(a) ORDERS.—(1) If the Secretary, or for National
Forest System lands the Secretary of Agriculture, or an
authorized representative of such Secretary, determines
that any person is in violation of any surface management
or monitoring requirement, such Secretary or authorized
representative shall issue to such person a notice of viola-
tion describing the violation and the corrective measures
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
person. If, upon the expiration of time provided for such
115
abatement, the Secretary concerned, or the authorized
representative of such Secretary, finds that the violation
has not been abated he shall immediately order a cessation
of all mineral activities or the portion thereof relevant to
the violation.
(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
violation of any surface management or monitoring re-
quirement, and such condition, practice or violation is
causing, 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, fish or wildlife resources;
such Secretary or authorized representative shall imme-
diately order a cessation of mineral activities or the por-
tion thereof relevant to the condition, practice or violation.
(3)(A) A cessation order pursuant to paragraphs (1)
or (2) shall remain in effect until such Secretary, or au-
thorized representative, determines that the condition,
practice or violation has been abated, or until modified,
vacated or terminated by the Secretary or authorized rep-
resentative. In any such order, the Secretary or authorized
representative shall determine the steps necessary to abate
116
the violation in the most expeditious manner possible and
shall include the necessary measures in the order. The
Secretary concerned shall require appropriate financial as-
surances to ensure that the abatement obligations are met.
(B) Any notice or order issued pursuant to para-
graphs (1) or (2) may be modified, vacated or terminated
by the Secretary concerned or an authorized representa-
tive of such Secretary. Any person to whom any such no-
tice 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
occurred the Secretary concerned shall take such alter-
native enforcement action against the claimholder or oper-
ator (or any person who controls the claimholder or opera-
tor) as will most likely bring about abatement in the most
expeditious manner possible. Such alternative enforcement
action may include, but is not necessarily limited to, seek-
ing appropriate injunctive relief to bring about abatement.
Nothing in this paragraph shall preclude the Secretary,
or for National Forest System lands the Secretary of Agri-
culture, from taking alternative enforcement action prior
to the expiration of 30 days.
(5) If a claimholder or operator (or any person who
controls the claimholder or operator) fails to abate a viola-
117
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 condi-
tions under which a surety may perform reclamation in
accordance with the approved plan in lieu of forfeiture.
(6) The Secretary, or for National Forest System
lands the Secretary of Agriculture, shall not cause forfeit-
ure of the financial assurance while administrative or judi-
cial review is pending.
(7) In the event of forfeiture, the claim holder, opera-
tor, or any affiliate thereof, as appropriate as determined
by the Secretary by rule, shall be jointly and severally lia-
ble for any remaining reclamation obligations under this
Act.
(b) COMPLIANCE.—The Secretary, or for National
Forest System lands the Secretary of Agriculture, 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—
118
(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 404.
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) Any person who fails to comply
with any surface management requirement 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.
(2) 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 as-
sessed a civil penalty of not less than $1,000 per violation
119
for each day during which such failure continues, but in
no event shall such assessment exceed a 30-day period.
(3) Whenever a corporation is in violation of a surface
management requirement or fails or refuses to comply
with an order issued under subsection (a), any director,
officer or agent of such corporation who knowingly author-
ized, ordered, or carried out such violation, failure or re-
fusal shall be subject to the same penalties as may be im-
posed 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, may suspend or revoke a permit issued under title
II, in whole or in part, if the operator or person conduct-
ing mineral activities—
(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;
(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;
120
(5) fails to maintain an adequate financial as-
surance under section 206;
(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 205(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
(2) falsifies, tampers with, renders inaccurate,
or fails to install any monitoring device or method
be 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 paragraph, punishment shall be by a fine of
121
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 surface management re-
quirement of this Act or any provision of a permit
issued under this Act (including any exploration or
operations plan on which such permit is based), or
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 para-
graph, punishment shall be a fine of not less than $10,000
per day of violation, or by imprisonment of not more than
6 years, or both.
(h) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—(1) Any person who fails to comply with the re-
quirements of section 306 or any regulation or order is-
sued to implement section 306 shall be liable for a civil
122
penalty under section 109 of the Federal Oil and Gas Roy-
alty Management Act (30 U.S.C. 1719) to the same extent
as if the claim located or converted under this Act were
a lease under that Act.
(2) Any person who knowingly and willfully commits
an act for which a civil penalty is provided in paragraph
(1) 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 a person as defined in section 3(a)
and any officer, agent, or employee of any such person.
SEC. 408. REGULATIONS; EFFECTIVE DATES.
(a) EFFECTIVE DATE.—The provisions of this Act
shall take effect on the date of enactment of this Act, ex-
cept as otherwise provided in this Act.
(b) REGULATIONS.—The Secretary and the Secretary
of Agriculture may issue such regulations as may be nec-
essary under this Act. The regulations implementing title
II and the provisions of title IV which affect United States
Forest Service shall be joint regulations issued by both
Secretaries.
(c) NOTICE.—Within 180 days after the date of en-
actment of this Act, the Secretary shall give notice to hold-
ers of mining claims and mill sites maintained under the
123
general mining laws as to the requirements of sections
104, 105, and 106.
Subtitle B—Miscellaneous
Provisions
SEC. 411. TRANSITIONAL RULES; SURFACE MANAGEMENT
REQUIREMENTS.
(a) NEW CLAIMS.—Notwithstanding any other provi-
sion of law, any mining claim for a locatable mineral on
lands subject to this Act located after the date of enact-
ment of this Act shall be subject to the requirements of
title II.
(b) PREEXISTING CLAIMS.—(1) Notwithstanding any
other provision of law, any unpatented mining claim or
mill site located under the general mining laws before the
date of enactment of this Act for which a plan of operation
has not been approved or a notice filed prior to the date
of enactment shall upon the effective date of this Act, be
subject to the requirements of title II, except as provided
in paragraphs (2) and (3).
(2)(A) If a plan of operations had been approved for
mineral activities on any claim or site referred to in para-
graph (1) prior to the date of enactment this Act, for a
period of 5 years after the effective date of this Act min-
eral activities at such claim or site shall be subject to such
plan of operations (or a modification or amendment there-
124
to prepared in accordance with the provisions of law appli-
cable prior to the enactment of this Act). During such 5-
year period, modifications of, or amendments to, any such
plan may be made in accordance with the provisions of
law applicable prior to the enactment of this Act if such
modifications or amendments are deemed minor by the
Secretary concerned. After such 5-year period the require-
ments of title II shall apply, subject to the limitations of
section 209. In order to meet the requirements of title II,
the person conducting mineral activities under such plan
of operations (or modified or amended plan) shall apply
for a modification under section 203(f) and 204(f) no later
than 3 years after the date of enactment of this Act. For
purposes of this paragraph, any modification or amend-
ment which extends the area covered by the plan (except
for incidental boundary revisions) or which significantly
increases the risk of adverse effects on the environment
shall not be subject to this paragraph and shall be subject
to other provisions of this Act.
(B) During the 5-year period referred to in subpara-
graph (A) the provisions of section 404 (relating to inspec-
tion and monitoring) and section 407 (relating to enforce-
ment) shall apply on the basis of the surface management
requirements applicable to such plans of operations prior
to the effective date of this Act.