tive shall determine the steps necessary to abate the 
violation in the most expeditious manner possible 
and shall include the necessary measures in the 
order. The Secretary concerned shall require appro-
priate financial assurances to ensure that the abate-
ment 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 author-
ized representative of such Secretary. Any person to 
whom any such notice or order is issued shall be en-
titled 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 abate-
ment has not occurred, 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 expeditious man-
ner 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 Agriculture, from taking alternative 
VerDate Mar 15 2010 
00:57 Jun 26, 2013
Jkt 029200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
jbell on DSK7SPTVN1PROD with BILLS
enforcement action prior to the expiration of 30 
days. 
(5) If a claim holder or operator (or any person 
who controls the claim holder or operator) fails to 
abate a violation or defaults on the terms of the per-
mit, the Secretary, or for National Forest System 
lands the Secretary of Agriculture, shall forfeit the 
financial assurance for the plan as necessary to en-
sure abatement and reclamation under this title. 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 Sys-
tem lands the Secretary of Agriculture, shall not 
cause forfeiture of the financial assurance while ad-
ministrative or judicial review is pending. 
(7) In the event of forfeiture, the claim holder, 
operator, 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 title. 
(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 
VerDate Mar 15 2010 
00:57 Jun 26, 2013
Jkt 029200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
jbell on DSK7SPTVN1PROD with BILLS
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— 
(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 143. 
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 title. 
(d) PENALTIES.— 
(1) Any person who fails to comply with any re-
quirement of a permit approved under this title or 
any regulation issued by the Secretaries to imple-
ment this title shall be liable for a penalty of not 
VerDate Mar 15 2010 
00:57 Jun 26, 2013
Jkt 029200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
jbell on DSK7SPTVN1PROD with BILLS
more than $25,000 per violation. Each day of viola-
tion may be deemed a separate violation for pur-
poses of penalty assessments. 
(2) A person who fails to correct a violation for 
which a cessation order has been issued under sub-
section (a) within the period permitted for its correc-
tion 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 
requirement of a permit approved under this title or 
any regulation issued by the Secretaries to imple-
ment this title or fails or refuses to comply with an 
order issued under subsection (a), any director, offi-
cer, or agent of such corporation who knowingly au-
thorized, ordered, or carried out such violation, fail-
ure, or refusal shall be subject to the same penalties 
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 
subtitle C, in whole or in part, if the operator— 
(1) knowingly made or knowingly makes any 
false, inaccurate, or misleading material statement 
VerDate Mar 15 2010 
00:57 Jun 26, 2013
Jkt 029200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
jbell on DSK7SPTVN1PROD with BILLS