42 1 2 3 4 5 6 7 8 6 10 11 12 13 14 15 16 17 necessary survey and inspection of coal mining operations. and shall administer and enforce all Federal coal mining laws, rules and regulations, and shall perform other functions as prescribed by the Secretary. For the purpose of making any inspection under this Act, the Secretary or his authorized representative shall have a right of entry to or upon any surface coal mining operation for a period of five years after the operation is completed or abandoned. RECLAMATION INSPECTIONS SEC. 25. (a) Inspectors shall visit each surface coal mine operation subject to this Act a minimum of twice monthly on an irregular basis and without prior notice to the operator or any of his employees. The Secretary shall establish a system of continual rotation of inspectors so that an inspector does not visit the same operations only. (b) Any inspector shall be admitted to any coal mining operation and shall be allowed to inspect the operation for the purpose of determining compliance with this Act and 19 the rules and regulations of the Secretary. Each inspector, 18 20 21 22 23 upon detection of each violation, shall forthwith inform the operator in writing, and shall report in writing any such violation to the Secretary. However, if an inspector finds a serious violation endangering health or safety, he may sus24 pend all or any part of the operation responsible for the 25 danger to health or safety. The Secretary shall as soon as 43 1 possible notify the operator by registered mail of each vio2 lation and shall include with the notice a list of requirements 3 determined by the Secretary to correct the violation, includ4 ing the time period within which to meet the requirements. 5 If at the end of the period, the requirement has not been met 6 and the operator continues to fail to comply, the inspector 7 shall notify the Secretary, who shall fix the time and place 8 for a hearing to revoke the permit of the operator within 9 thirty days of the end of the period. The Secretary shall send notice of the hearing by registered mail to the operator at least ten days before the hearing. 10 11 12 (c) If the Secretary revokes the permit of the operator, 13 he shall issue a cease-and-desist order requiring the operator to immediately cease coal mining surface operations at that 15 operation and shall declare as forfeited the performance 16 surety bonds for the operation. 14 17 18 FORFEITURE OF BOND SEC. 26. The Secretary shall notify the Attorney Gen 19 eral of the United States of any forfeiture of performance 20 surety bonds, and the Attorney General of the United States shall collect the forfeiture without delay and deposit it in the Fund. 24 SUCCEEDING OPERATORS SEC. 27. If an operator succeeds another at any uncom 25 pleted operation, by sale, assignment, lease, or otherwise, 44 1 the Secretary may release the first operator from all liability 2 under this Act only if both operators have complied with 3 the requirements of this Act and the successor operator 4 assumes full liability for reclamation procedures established 7 SEC. 28. Any person aggrieved or adversely affected 8 by any suspension of an inspector, or of any order, rule, or 9 regulation of the Secretary, may appeal to the Secretary for 10 an order vacating or modifying the order, rule, or regula 11 tions, in the same manner, following the same procedure, 12 as is provided for appeal to the Secretary under section 105 13 of the Federal Coal Mine Health and Safety Act of 1969 16 17 18 19 20 SEC. 29. In addition to any other remedy at law or in equity under the provisions of this Act, the Attorney Gen eral of the United States may apply to an appropriate United States district court for relief by injunction to enforce com pliance with, or restrain violations of any provisions of this 21 Act or any rule, regulation, or order made pursuant thereto. 22 23 24 FAILURE TO ENFORCE SEC. 30. (a) Any resident of the United States with knowledge that any of the provisions of this Act are will 45 1 fully and deliberately not being enforced by any public officer 2 or employee whose duty it is to enforce them, shall bring 3 such failure to the attention of the Secretary, or the public 4 officer or employee having jurisdiction by a written state5 ment. 6 (b) The statement shall be under oath and shall state 7 the specific facts of the failure in enforcement. 8 (c) If the public officer or employer neglects or refuses 9 for any unreasonable time after receipt of the statement to 10 enforce the law, the resident may bring an action of manda11 mus in an appropriate United States district court. Such 12 court, if satisfied that any provision of this Act is not 13 being enforced, may make an appropriate order compelling 14 the public officer or employee, whose duty it is to enforce 15 the provision, to perform his duties. If he fails to do so, the 16 public officer, or employee, shall be held in contempt of 17 court and shall be subject to the penalties provided by law. 18 19 ACTION FOR DAMAGES SEC. 31. Any resident of the United States who is in20 jured in any manner through the failure of any operator to 21 comply with the provisions of this Act, or of any regulation, 22 order, permit, or plan of reclamation issued by the Secretary, 23 may bring an action for damages (including attorney fees) 24 regardless of the amount involved, in an appropriate United 25 States district court. 46 2 SEC. 32. The operator of a coal mine respecting which 3 a violation of any provision of this Act occurs shall be as4 sessed a civil penalty by the Secretary. Such penalty shall 5 be applied in the same manner, and under the same pro6 cedure, as those penalties under section 109 of the Federal 7 Coal Mine Health and Safety Act of 1969 (30 U.S.C. 819). 8 9 JUDICIAL REVIEW SEC. 33. (a) Any order or decision issued by the Sec 10 retary under this Act shall be subject to judicial review in the 11 same manner, following the same procedure, as a decision of 12 the Secretary is subject to judicial review under section 106 13 of the Federal Coal Mine Health and Safety Act of 1969 14 (30 U.S.C. 816). 15 (b) All notices, orders, and decisions of the Secretary 16 under this Act shall be posted in the same manner, under 17 the same procedure, to assure complete access to them by 18 the workers in such mine, as notices, orders, and decisions 19 of the Secretary are posted under section 107 of such Act 20 (30 U.S.C. 817). 21 2222 STATE ENFORCEMENT SEC. 34. (a) Nothing in this Act shall preclude or deny 23 the right of any State or political subdivision thereof to adopt 24 and enforce standards relating to the conduct of coal mining 25 surface operations and reclamation, except such State or |