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1 those areas of interest for mineral development. All plan

2 amendments required by this section shall be completed

3 within six years after the date of enactment.

4

(e) CONSISTENCY WITH PLANS.-The Secretary shall 5 not approve a plan of operations pursuant to section 104 of 6 this Act unless such plan includes applicable conditions or 7 restrictions as required by this section.

8 SEC. 203. RECLAMATION.

9 (a) IN GENERAL.-The mining area shall be reclaimed 10 in accordance with reclamation standards promulgated by the 11 Secretary. The Secretary shall require the claimant to re12 claim all surface disturbances, at a minimum, to a condition 13 capable of supporting the same level of productive uses as 14 existed prior to any mineral activities. Reclamation shall be 15 conducted concurrently with operations to the maximum 16 extent feasible.

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(b) STANDARDS.-Reclamation standards shall include, 18 but not be limited to, provisions to require the following-. (1) topsoil protection and replacement;

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(2) revegetation to pre-mining production capabil

(3) soil and slope stability;

(4) reclamation of roads and other transportation

and conveyance facilities;

(5) permanent sealing of all tunnels and portals;

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(6) protection of surface and ground water quality

and quantity;

(7) reclamation of surface and ground water quality and quantity;

and

(8) leach pad stabilization and neutralization;

(9) safe disposal of hazardous and toxic materials;

(10) recontouring of dumps, heaps, and other disturbances to minimize visual impacts and blend the mining area to natural topography.

11 SEC. 204. FINANCIAL GUARANTEES.

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(a) STANDARDS.-The Secretary shall establish by reg13 ulation such standards as may be necessary to ensure that an 14 adequate bond, surety, or other financial guarantee will be 15 established prior to the commencement of any mineral activi16 ty causing more than minimal disturbance to the environ17 ment, to ensure the complete and timely reclamation of the 18 mining area. Such bond, surety, or other financial guarantee 19 shall be conditioned upon compliance with the plan of oper20 ations required pursuant to this Act and all applicable laws 21 and regulations.

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(b) MINIMUM AMOUNT.-The Secretary shall establish 23 by regulation minimum bond amounts or equivalent financial 24 guarantees for mineral activities. Such minimum amounts or 25 equivalent financial guarantees shall not less than $10,000

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1 per acre for mineral activities using cyanide in heap leaching

2 operations.

3 (c) REVIEW.-The Secretary shall review the bond, 4 surety, or other financial guarantee for sufficiency (1) when a 5 plan of operations is modified pursuant to section 104 of this 6 Act, or (2) not less than every five years.

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(d) PHASED BONDING.-The Secretary may reduce 8 proportionately the amount of bond, surety, or financial guar9 antee upon determination that any portion of reclamation is 10 completed in accordance with this Act and applicable laws 11 and regulations.

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(e) BOND RELEASE. The Secretary shall provide for 13 public notice prior to any reduction in, or final release of, a

14 bond or other financial guarantee.

15 SEC. 205. INSPECTIONS.

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The Secretary shall conduct inspections of mining areas 17 included in a plan of operations at least twice a year to deter18 mine compliance with the requirements set forth in this Act 19 and all other applicable laws and regulations. Such inspec20 tions shall occur without prior notice to the claimant.

21 SEC. 206. ENFORCEMENT.

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(a) IN GENERAL.-The district courts of the United

23 States shall have jurisdiction over cases and controversies

24 arising out of, or in connection with, any claim located under 25 this Act.

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1 (b) ACTIONS FOR RELIEF.—At the request of the Sec2 retary, the Attorney General or the appropriate United 3 States Attorney is authorized to institute a civil action in the 4 district court of the United States for a temporary restraining 5 order, injunction, or other appropriate remedy to enforce any 6 provision of this Act, any regulation or order issued under 7 this Act, or any provision of a plan of operations approved 8 pursuant to this Act.

9 (c) CIVIL PENALTIES.-If any person fails to comply 10 with any provision of this Act, or any provision of a plan of 11 operations approved pursuant to this Act, or any regulation 12 or order issued under this Act, after notice of such failure and 13 expiration of any reasonable period allowed for corrective 14 action, such person shall be liable for a civil penalty of not 15 more than $1,000 for each day of the continuance of such 16 failure. The Secretary may assess, collect and compromise 17 any such penalty. No penalty shall be assessed until the 18 person charged with a violation has been given an opportuni19 ty for a hearing.

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(d) CRIMINAL PENALTIES.-Any person who knowing21 ly and willfully: (1) violates any provision of this Act, any 22 provision of a plan of operations approved pursuant to this 23 Act, or any regulation or order issued under the authority of 24 this Act designed to protect health, safety, or the environ25 ment or conserve natural resources; (2) makes any false

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1 statement, representation, or certification in any application, 2 record, report, or other document filed or required to be 3 maintained under this Act; or (3) falsifies, tampers with, or 4 renders inaccurate any monitoring device or method of record 5 required to be maintained under this Act, shall, upon convic6 tion, be punished by a fine of not more than $50,000, or by 7 imprisonment for not more than five years, or both. Each day 8 that a violation under clause (1) of this subsection continues, 9 or each day that any monitoring device or data recorder re10 mains inoperative or inaccurate because of any activity de11 scribed in clause (3) of this subsection, shall constitute a sep12 arate violation.

13 (e) LIABILITY Of Corporate OFFICERS AND AGENTS 14 FOR VIOLATIONS BY CORPORATION.-Whenever a corpora15 tion or other entity is subject to prosecution under subsection 16 (d) of this section, any officer or agent of such corporation or 17 entity who knowingly and willfully authorized, ordered, or 18 carried out the proscribed activity shall be subject to the 19 same fines or imprisonment, or both, as provided for under 20 subsection (d) of this section.

21 (f) CONCURRENT AND CUMULATIVE NATURE OF PEN22 ALTIES.-The remedies and penalties prescribed in this Act 23 shall be concurrent and cumulative and the exercise of one 24 shall not preclude the exercise of the others. Further, the 25 remedies and penalties prescribed in this Act shall be in addi

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