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Code · BILL · 119th Congress · S. 859 (Introduced in Senate) — To modify the requirements applicable to locatable minerals on public domain land, and for other purposes. · Sec. 502

Sec. 502. Enforcement

1,326 words·~6 min read·/bill/119/s/859/is/section-502

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If the Secretary concerned determines that any person is in violation of any surface management or operation requirement under title III or any regulation promulgated to carry out such a requirement or any permit condition required pursuant to title III, the Secretary concerned shall provide to the person a notice that describes the violation and any necessary corrective actions. Subject to clause (ii), a person that receives notice under subparagraph
(A)shall have not more than 90 days after the date of receipt of the notice to abate the violation. The Secretary concerned may extend the period described in clause
(i)if the person shows good cause for the extension, as determined by the Secretary concerned. The Secretary concerned shall immediately order a cessation of mineral activities if the Secretary concerned determines that any condition or practice exists, or any person is in violation of any requirement of a permit approved, or notice of operations submitted, under this Act, that is causing, or can reasonably be expected to cause— an imminent danger to the health or safety of the public; or significant, imminent harm to land, air, water, or fish or wildlife resources. A cessation order issued under subparagraph
(A)shall remain in effect until the Secretary concerned— determines that the condition, practice, or violation has been abated; or modifies, vacates, or terminates the cessation order. In any cessation order issued under subparagraph (A), the Secretary concerned shall— identify the steps necessary to abate the violation in the most expeditious manner practicable; and require appropriate financial assurances to ensure that the abatement obligations are met. If the required abatement has not been completed by the date that is 30 days after the date on which an order is issued under subparagraph (A), the Secretary concerned shall bring against the person failing to complete the abatement an enforcement action that is most likely to bring about abatement in the most expeditious manner practicable, including seeking appropriate injunctive relief to bring about abatement. Nothing in this subparagraph precludes the Secretary concerned from taking alternative enforcement action before the date described in clause (i). The Secretary concerned may modify, vacate, or terminate any notice or order issued under paragraph
(1)or (2). If a person fails to abate a violation or defaults on the terms of the permit, the Secretary concerned shall forfeit the financial assurance for the permit as necessary to ensure abatement and reclamation under this Act. The Secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with the approved permit and applicable law instead of forfeiture. In the event of forfeiture, the claim holder or operator, or a subsidiary, parent company, corporation, or partner of the claim holder, or operator shall be jointly and severally liable for any remaining reclamation obligations under this Act. Subject to paragraph (2), any person that violates any surface management or operation requirement under title III, any regulation promulgated to carry out such a requirement, or any permit condition required pursuant to title III may be assessed a civil penalty by the Secretary concerned. If the violation leads to the issuance of a cessation order under subsection (a)(2), the Secretary concerned shall assess the civil penalty. The penalty shall not exceed $5,000 for each violation. Each day of continuing violation may be considered a separate violation for purposes of penalty assessments. In determining the amount of the penalty for a violation by a person, the Secretary concerned shall consider— the history of the person of previous violations; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the person was negligent; and the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation. If a corporate permittee is in violation of a requirement of any surface management or operations requirement under title III of this Act, any regulation promulgated to carry out such a requirement, or any permit condition required pursuant to title III, or fails or refuses to comply with a notice or an order issued under subsection (a), any director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be subject to civil penalties, fines, and imprisonment that may be imposed under a person under this subsection, subsection
(d)or (e). Any person issued a notice of violation or a cessation order under subsection
(a)may apply to the Secretary concerned for review of the notice or order by the date that is not later than 30 days after receipt of the notice or order. Any person who is subject to a civil penalty assessed by the Secretary concerned under this section may apply to the Secretary concerned for review of the penalty by the date that is not later than 30 days after the date on which the person receives notice of the penalty. The Secretary concerned shall provide an opportunity for a hearing on the record subject to section 554 of title 5, United States Code, at the request of any person that is— issued a notice of violation under subsection (a)(1); issued a cessation order under subsection (a)(2); or subject to civil penalties under subsection (b). The Secretary concerned may submit to the Attorney General a request to bring a civil action for relief, including a permanent or temporary injunction or restraining order and the imposition of civil penalties, in any appropriate district court of the United States, if a person— violates, fails, or refuses to comply with any notice or order issued by the Secretary concerned under subsection (a); or interferes with, hinders, or delays the Secretary concerned in carrying out an inspection under section 309. The court hearing a civil action brought under paragraph
(1)shall have the jurisdiction to provide any relief that the court determines to be appropriate. Any relief granted by the court to enforce an order under paragraph
(1)shall continue in effect until the date on which all proceedings for review of the order are completed or terminated unless the court granting the relief sets the relief aside. A person shall, on conviction, be punished by a fine of not more than $25,000, imprisonment for not more than 1 year, or fine and imprisonment if the person willfully and knowingly— makes any false material statement, representation, or certification in, omits or conceals material information from, or unlawfully alters, any mining claim, notice of location, application, record, report, plan, or other document filed or required to be maintained under this Act; or falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained under this Act. If a conviction of a person under subparagraph
(A)is for a violation committed after a first conviction of the person under that subparagraph, punishment shall be by a fine of not more than $50,000, imprisonment of not more than 2 years, or fine and imprisonment. A person shall, on conviction, be punished by a fine of not more than $25,000, imprisonment for not more than 1 year, or both if the person willfully and knowingly— engages in mineral activities without a permit if required under section 302 or 303; or violates any surface management or operation requirement under title III (including any regulation promulgated to carry out the requirement) or any requirement, condition, or limitation of a permit issued under this Act. If a conviction of a person under subparagraph
(A)is for a violation committed after the first conviction of the person under that subparagraph, punishment shall be a fine of not more than $50,000, imprisonment of not more than 2 years, or both. Notwithstanding any other provision of law, the Secretary may use personnel of the Office of Surface Mining Reclamation and Enforcement or the Bureau of Land Management to ensure compliance with this Act.
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