SEC. 504. CITIZENS SUITS. 
(a) IN GENERAL.—Except as provided in subsection 
(c), any person may commence a civil action to compel 
compliance— 
(1) against any person that is alleged to be in 
violation of this Act or any term or condition of any 
lease, license, or permit issued under this Act; or 
(2) against the Secretary concerned if the Sec-
retary concerned failed to perform any act or duty 
under this Act, or to issue any regulation under this 
Act, required by this Act. 
(b) DISTRICT COURT JURISDICTION.— 
(1) IN GENERAL.—The United States district 
courts shall have jurisdiction over an action brought 
under this section, without regard to the amount in 
controversy or the citizenship of the parties, includ-
ing actions brought to apply any civil penalty under 
this Act. 
(2) 
AGENCY
ACTION
UNREASONABLY
DE-
LAYED.—The United States district courts shall 
have jurisdiction to compel agency action unreason-
ably 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 cir-
cuit in which such action would be reviewable under 
section 505. 
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(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 or to property 
eligible for listing on the National Register of His-
toric Places. 
(2) ONGOING LITIGATION.—No action may be 
brought against any person other than the Secretary 
concerned under subsection (a)(1) if the Secretary 
concerned has commenced and is diligently pros-
ecuting 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 the Secretary con-
cerned to review any regulation issued, or any per-
mit issued or denied, by the Secretary concerned if 
such regulation or permit issuance or denial is judi-
cially reviewable under section 505 or under any 
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other provision of law at any time after such 
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.— 
(1) IN GENERAL.—Nothing in this section shall 
restrict any right which any person (or class of per-
sons) 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 Secretary 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. 
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(2) JURISDICTION.—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 CONCERNED.— 
(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 
such notice or order not later than 30 days after re-
ceipt thereof, or as the case may be, not later than 
30 days after such notice or order is modified, va-
cated, or terminated. 
(2) REVIEW OF PENALTY.—Any person that is 
subject to a penalty assessed under section 507 may 
apply to the Secretary concerned for review of the 
assessment not later than 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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cision under this subsection not later than 30 days 
after such decision is issued. 
(4) STAYS PENDING REVIEW.—Pending a re-
view by the Secretary concerned or resolution of an 
administrative appeal, final decisions (except en-
forcement actions under section 507) shall be 
stayed. 
(5) PUBLIC
HEARING.—The Secretary con-
cerned shall provide an opportunity for public hear-
ing at the request of any party to a review under 
paragraph (1). The filing of an application for re-
view under this subsection shall not operate as a 
stay of any order or notice issued under section 507. 
(6) WRITTEN DECISION.— 
(A) IN GENERAL.—For any review 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. 
(B) DEADLINE.—Where an application for 
review under this subsection concerns a ces-
sation order issued under section 506, the Sec-
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retary concerned shall, unless temporary relief 
has been granted by the Secretary concerned 
under paragraph (7), issue the written decision 
not later than the later of— 
(i) 30 days after the date of the re-
ceipt of the application for review; and 
(ii) 30 days after the conclusion of 
any hearing referred to in paragraph (5). 
(7) TEMPORARY RELIEF.— 
(A) IN GENERAL.—Pending completion of 
any review under this subsection, the person 
that submitted an application for review under 
paragraph (1) may file with the Secretary con-
cerned a written request that the Secretary con-
cerned grant temporary relief from any order 
issued under section 507 including a detailed 
statement of the basis for such relief. 
(B) DECISION.—The Secretary concerned 
shall expeditiously issue an order or decision 
granting or denying an application for tem-
porary relief submitted under subparagraph 
(A). 
(C) 
LIMITATION.—The 
Secretary 
con-
cerned may grant temporary relief under sub-
paragraph (B) under such conditions as they 
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100 
may prescribe only if the Secretary concerned 
determines that such relief will not adversely af-
fect 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 Secretary or 
the Secretary of Agriculture in issuing regulations to 
implement this Act, or any other final actions consti-
tuting rulemaking to implement this Act, shall be 
subject to judicial review only in a United States 
Court of Appeals for a circuit in which an affected 
State is located or within the District of Columbia. 
(2) PETITION FOR REVIEW.—A petition for re-
view of any action subject to judicial review under 
this subsection shall be filed not later than 60 days 
after 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 that commented or otherwise participated in 
the rulemaking or any person that may be adversely 
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101 
affected by the action of the Secretary or the Sec-
retary of Agriculture. 
(3) 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, not later than 60 days 
after 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. 
(4) 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. 
(5) RECORD.—The court shall hear any petition 
or complaint filed under this subsection solely on the 
record made before the Secretary concerned. The 
court may affirm or vacate any order or decision or 
may remand the proceedings to the Secretary con-
cerned for such further action as it may direct. 
(6) COMMENCEMENT OF A PROCEEDING NOT A 
STAY.—The commencement of a proceeding under 
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102 
this section shall not, unless specifically ordered by 
the court, operate as a stay of the action, order, or 
decision of the Secretary 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 
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 concerned 
in the case of administrative proceedings, deems appro-
priate 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. REPORTING REQUIREMENTS. 
(a) REPORT TO SECRETARY CONCERNED.—An oper-
ator engaging in any mineral activities on Federal land 
or on Indian land shall submit to the Secretary concerned 
an annual report, in a time and manner prescribed by the 
Secretary concerned, describing the total amount (in met-
ric tons) and value of hardrock minerals produced through 
such mineral activities, including the total amount and 
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103 
value of any hardrock minerals produced from a mine par-
tially located on either Federal land or Indian land, 
disaggregated by hardrock mineral and by percentage ex-
tracted from Federal land and percentage extracted from 
Indian land. 
(b) FAILURE TO REPORT.—Any person that fails to 
comply with the requirements of subsection (a) shall be 
subject to a civil penalty not to exceed $25,000 per day 
during which such failure continues, which may be as-
sessed by the Secretary concerned. 
(c) REPORT TO CONGRESS.—The Secretary shall an-
nually submit to Congress a report providing the following 
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 operator of such mine. 
(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. 
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104 
(d) REGULATIONS.—Not later than 1 year after the 
effective date of this Act, the Secretary shall issue such 
regulations as are necessary to carry out this section. 
SEC. 507. ENFORCEMENT. 
(a) ORDERS.— 
(1) NOTICE OF VIOLATION.— 
(A) IN GENERAL.—If the Secretary con-
cerned determines that any person is in viola-
tion of any environmental protection require-
ment or any regulation issued by the Secretary 
concerned to implement this Act, such the Sec-
retary concerned shall issue to such person a 
notice of violation describing the violation and 
the corrective measures to be taken. 
(B) TIME TO ABATE.—A person issued a 
notice of violation under subparagraph (A) shall 
abate such violation within a time period deter-
mined by the Secretary concerned which shall 
not exceed 30 days. 
(C) EXTENSION OF TIME TO ABATE.—The 
Secretary concerned may, upon a showing of 
good cause by the person issued a notice of vio-
lation under subparagraph (A), extend the pe-
riod of time under subparagraph (B). 
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106 
(A) TERMINATION.—A cessation order 
issued pursuant to paragraph (1) or (2) shall 
remain in effect until the Secretary concerned 
determines that the condition, practice, or viola-
tion has been abated or until such order is 
modified, vacated, or terminated by the Sec-
retary concerned. In any such order, the Sec-
retary concerned shall determine the steps nec-
essary to abate the violation in the most expedi-
tious manner possible and shall include the nec-
essary measures in such 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 a ces-
sation order under this section. 
(C) AUTHORITY OF THE SECRETARY CON-
CERNED.—Any notice or order issued pursuant 
to paragraph (1) or (2) may be modified, va-
cated, or terminated by the Secretary con-
cerned. Any person to whom any such notice or 
order is issued shall be entitled to a hearing on 
the record. 
(4) ALTERNATIVE ENFORCEMENT ACTION.— 
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107 
(A) IN GENERAL.—If, 30 days after the 
notice of violation referred to in paragraph 
(1)(A) is issued, the required abatement has 
not occurred, the Secretary concerned shall take 
such alternative enforcement action against the 
claim holder, license holder, lease holder, or op-
erator (or any person who controls the claim 
holder, license holder, lease holder, or operator) 
as will most likely bring about such required 
abatement in the most expeditious manner pos-
sible, which may include seeking appropriate in-
junctive relief to bring about abatement. 
(B) EARLIER
ALTERNATIVE
ENFORCE-
MENT
ACTION.—Nothing in this paragraph 
shall preclude the Secretary concerned from 
taking alternative enforcement action before the 
expiration of the 30-day period described in 
subparagraph (A). 
(5) FAILURE OR DEFAULT.— 
(A) IN GENERAL.—If a claim holder, li-
cense holder, lease holder, or operator (or any 
person who controls the claim holder, license 
holder, lease holder, or operator) fails to abate 
a violation or defaults on the terms of a permit 
issued under this Act, the Secretary concerned 
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108 
shall forfeit the financial assurance required 
under section 306 as necessary to ensure abate-
ment and reclamation under this Act. 
(B) RECLAMATION BY SURETY.—The Sec-
retary concerned may prescribe conditions 
under which a surety may perform reclamation 
in accordance with section 307 in lieu of for-
feiture under subparagraph (A). 
(6) PENDING
REVIEW.—The Secretary con-
cerned shall not cause forfeiture of financial assur-
ance while administrative or judicial review is pend-
ing. 
(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 determined appropriate by the Sec-
retary by regulation, shall be jointly and severally 
liable for any remaining reclamation obligations 
under this Act. 
(b) COMPLIANCE.—The Secretary concerned may re-
quest that the Attorney General institute a civil action for 
relief, including a permanent or temporary injunction or 
restraining order and any other appropriate enforcement 
order, including the imposition of civil penalties, in the 
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109 
United States district court 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 such 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 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.— 
(A) IN GENERAL.—A person who fails to 
comply with any requirement of a permit issued 
under this Act or any regulation issued to im-
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110 
plement this Act shall be liable for a penalty of 
not more than $25,000 per violation. 
(B) SEPARATE VIOLATIONS.—Each day of 
violation may be deemed a separate violation 
for purposes of a penalty assessment under this 
paragraph. 
(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 cor-
rection of such violation shall be assessed a civil pen-
alty 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 issued under this 
Act or any regulation issued to implement this Act 
or fails or refuses to comply with an order issued 
under subsection (a), any director, officer, or agent 
of such corporation who knowingly authorized, or-
dered, or carried out such violation, failure, or re-
fusal shall be subject to the same penalties as may 
be imposed upon a person described in paragraph 
(1). 
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111 
(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, 
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)— 
(A) fails to abate a violation to the satis-
faction of the Secretary concerned; or 
(B) the validity of the violation is upheld 
on the appeal which formed the basis for the 
conditional approval. 
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112 
(f) FALSE STATEMENTS; TAMPERING.— 
(1) IN GENERAL.—A person who knowingly car-
ries out any of the following actions shall, upon an 
initial conviction, be fined not more than $10,000, 
imprisoned for not more than 2 years, or both, and, 
upon a subsequent conviction, be fined not more 
than $20,000, imprisoned for not more than 4 years, 
or both: 
(A) Make a false material statement, rep-
resentation, or certification in, or omit or con-
ceal material information from, or unlawfully 
alter, any mining claim, notice of location, ap-
plication, record, report, plan, or other docu-
ments filed or required to be maintained under 
this Act. 
(B) Falsify, tamper with, render inac-
curate, or fail to install any monitoring device 
or method required to be maintained under this 
Act. 
(2) SEPARATE VIOLATIONS.—Each day of con-
tinuing violation may be deemed a separate violation 
for purposes of penalty assessment under paragraph 
(1). 
(g) MINERAL ACTIVITIES WITHOUT A PERMIT.— 
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113 
(1) IN
GENERAL.—A person that knowingly 
carries out any of the following actions shall, upon 
an initial conviction, be fined not less than $5,000 
and not more than $50,000, imprisoned for not 
more than 3 years, or both, and, upon a subsequent 
conviction, be fined not less than $10,000, impris-
oned for not more than 6 years, or both: 
(A) Engage in mineral activities without a 
permit required under title II. 
(B) Violate any other requirement of a 
permit issued under this Act, or any condition 
or limitation thereof. 
(2) SEPARATE VIOLATIONS.—Each day of con-
tinuing violation shall be deemed a separate violation 
for purposes of penalty assessment under paragraph 
(1). 
(h) KNOWING AND WILLFUL VIOLATIONS.—A person 
that knowingly and willfully commits an act for which a 
civil penalty is provided in subsection (g)(1)(A) 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) PERSON DEFINED.—In this section, the term 
‘‘person’’ includes any officer, agent, or employee of a per-
son. 
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114 
SEC. 508. REGULATIONS. 
(a) IN GENERAL.—The Secretary and the Secretary 
of Agriculture shall issue such regulations as are necessary 
to implement this Act. 
(b) REGULATIONS AFFECTING FOREST SERVICE.— 
Not later than 1 year after the effective date of this Act, 
the Secretary and the Secretary of Agriculture shall jointly 
issue regulations implementing titles II and III and this 
title that affect the Forest Service. 
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 
(2) by inserting before the period the following: 
‘‘in the same manner as required by title II of the 
Clean Energy Minerals Reform Act of 2023’’. 
SEC. 510. SAVINGS CLAUSE. 
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed to— 
(1) repeal or modify any Federal law, regula-
tion, order, or land use plan in effect before the ef-
fective date of this Act that prohibits or restricts the 
application of the general mining laws, including 
laws that provide for special management criteria for 
operations under the general mining laws as in ef-
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115 
fect before the effective date of this Act, to the ex-
tent such laws provide for protection of natural and 
cultural resources and the environment greater than 
required under this Act; 
(2) apply to or limit mineral investigations, 
studies, or other mineral activities conducted by any 
Federal or State agency acting in the governmental 
capacity of such agency pursuant to other authority; 
or 
(3) affect or limit any assessment, investigation, 
evaluation, or listing pursuant to the Comprehensive 
Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.) or the 
Solid Waste Disposal Act (42 U.S.C. 3251 et seq.). 
(b) CLAIMS CONVERTED TO LEASES.—Any Federal 
law described in subsection (a) shall remain in force and 
effect with respect to claims converted to leases under this 
Act. 
(c) EFFECT ON OTHER FEDERAL LAWS.— 
(1) GENERAL MINING LAWS.—The provisions of 
this Act shall supersede the general mining laws. 
(2) OTHER LAWS.—Except for the general min-
ing laws, nothing in this Act shall be construed to 
supersede, modify, amend, or repeal any provision of 
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116 
Federal law not expressly superseded, modified, 
amended, or repealed by this Act. 
(3) ENVIRONMENTAL LAWS.—Nothing in this 
Act shall be construed to alter, affect, amend, mod-
ify, or change, directly or indirectly, any law which 
refers to and provides authorities or responsibilities 
for, or is administered by, the Administrator of the 
Environmental Protection Agency, including— 
(A) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(C) title XIV of the Public Health Service 
Act (the Safe Drinking Water Act) (42 U.S.C. 
300f et seq.); 
(D) the Clean Air Act (42 U.S.C. 7401 et 
seq.); 
(E) the Pollution Prevention Act of 1990 
(42 U.S.C. 13101 et seq.); 
(F) the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.); 
(G) the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136 et seq.); 
(H) the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 301 et seq.); 
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05:13 Jun 13, 2023
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