---
kind: "section"
citation: "30 U.S.C. § 1271"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1271"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/1271"
units:
  - "Chapter 25 — Surface Mining Control and Reclamation"
  - "Subchapter V — Control of the Environmental Impacts of Surface Coal Mining"
---

# §1271. Enforcement

- (a) **Notice of violation; Federal inspection; waiver of notification period; cessation order; affirmative obligation on operator; suspension or revocation of permits; contents of notices and orders—**
  - (1) Whenever, on the basis of any information available to him, including receipt of information from any [person](/usc/30/1291.md?p=19), the [Secretary](/usc/30/1291.md?p=23) has reason to believe that any [person](/usc/30/1291.md?p=19) is in violation of any requirement of this chapter or any [permit](/usc/30/1291.md?p=15) condition required by this chapter, the [Secretary](/usc/30/1291.md?p=23) shall notify the [State regulatory authority](/usc/30/1291.md?p=26), if one exists, in the [State](/usc/30/1291.md?p=24) in which such violation exists. If no such [State](/usc/30/1291.md?p=24) authority exists or the [State regulatory authority](/usc/30/1291.md?p=26) fails within ten days after notification to take appropriate action to cause said violation to be corrected or to show good cause for such failure and transmit notification of its action to the [Secretary](/usc/30/1291.md?p=23), the [Secretary](/usc/30/1291.md?p=23) shall immediately order Federal inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available to the [Secretary](/usc/30/1291.md?p=23) is a result of a previous Federal inspection of such surface coal mining operation. The ten-day notification period shall be waived when the [person](/usc/30/1291.md?p=19) informing the [Secretary](/usc/30/1291.md?p=23) provides adequate proof that an imminent danger of significant environmental harm exists and that the [State](/usc/30/1291.md?p=24) has failed to take appropriate action. When the Federal inspection results from information provided to the [Secretary](/usc/30/1291.md?p=23) by any [person](/usc/30/1291.md?p=19), the [Secretary](/usc/30/1291.md?p=23) shall notify such [person](/usc/30/1291.md?p=19) when the Federal inspection is proposed to be carried out and such [person](/usc/30/1291.md?p=19) shall be allowed to accompany the inspector during the inspection.
  - (2) When, on the basis of any Federal inspection, the [Secretary](/usc/30/1291.md?p=23) or his authorized representative determines that any condition or practices exist, or that any [permittee](/usc/30/1291.md?p=18) is in violation of any requirement of this chapter or any [permit](/usc/30/1291.md?p=15) condition required by this chapter, which condition, practice, or violation also creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the [Secretary](/usc/30/1291.md?p=23) or his authorized representative shall immediately order a cessation of [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) or the portion thereof relevant to the condition, practice, or violation. Such cessation order shall remain in effect until the [Secretary](/usc/30/1291.md?p=23) or his authorized representative determines that the condition, practice, or violation has been abated, or until modified, vacated, or terminated by the [Secretary](/usc/30/1291.md?p=23) or his authorized representative pursuant to paragraph (5) of this subsection. Where the [Secretary](/usc/30/1291.md?p=23) finds that the ordered cessation of [surface coal mining and reclamation operations](/usc/30/1291.md?p=27), or any portion thereof, will not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the [Secretary](/usc/30/1291.md?p=23) shall, in addition to the cessation order, impose affirmative obligations on the [operator](/usc/30/1291.md?p=13) requiring him to take whatever steps the [Secretary](/usc/30/1291.md?p=23) deems necessary to abate the imminent danger or the significant environmental harm.
  - (3) When, on the basis of a Federal inspection which is carried out during the enforcement of a [Federal program](/usc/30/1291.md?p=6) or a [Federal lands program](/usc/30/1291.md?p=5), Federal inspection pursuant to [section 1252](/usc/30/1252.md), or [section 1254(b) of this title](/usc/30/1254.md?p=b), or during Federal enforcement of a [State program](/usc/30/1291.md?p=25) in accordance with [subsection (b)](#b) of this section, the [Secretary](/usc/30/1291.md?p=23) or his authorized representative determines that any [permittee](/usc/30/1291.md?p=18) is in violation of any requirement of this chapter or any [permit](/usc/30/1291.md?p=15) condition required by this chapter; but such violation does not create an imminent danger to the health or safety of the public, or cannot be reasonably expected to cause significant, imminent environmental harm to land, air, or water resources, the [Secretary](/usc/30/1291.md?p=23) or authorized representative shall issue a notice to the [permittee](/usc/30/1291.md?p=18) or his agent fixing a reasonable time but not more than ninety days for the abatement of the violation and providing opportunity for public hearing.

    If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the [Secretary](/usc/30/1291.md?p=23) or his authorized representative, the [Secretary](/usc/30/1291.md?p=23) or his authorized representative finds that the violation has not been abated, he shall immediately order a cessation of [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) or the portion thereof relevant to the violation. Such cessation order shall remain in effect until the [Secretary](/usc/30/1291.md?p=23) or his authorized representative determines that the violation has been abated, or until modified, vacated, or terminated by the [Secretary](/usc/30/1291.md?p=23) or his authorized representative pursuant to paragraph (5) of this subsection. In the order of cessation issued by the [Secretary](/usc/30/1291.md?p=23) under this subsection, the [Secretary](/usc/30/1291.md?p=23) shall determine the steps necessary to abate the violation in the most expeditious manner possible, and shall include the necessary measures in the order.

  - (4) When, on the basis of a Federal inspection which is carried out during the enforcement of a [Federal program](/usc/30/1291.md?p=6) or a [Federal lands program](/usc/30/1291.md?p=5), Federal inspection pursuant to [section 1252](/usc/30/1252.md) or [section 1254 of this title](/usc/30/1254.md) or during Federal enforcement of a [State program](/usc/30/1291.md?p=25) in accordance with [subsection (b)](#b) of this section, the [Secretary](/usc/30/1291.md?p=23) or his authorized representative determines that a pattern of violations of any requirements of this chapter or any [permit](/usc/30/1291.md?p=15) conditions required by this chapter exists or has existed, and if the [Secretary](/usc/30/1291.md?p=23) or his authorized representative also find that such violations are caused by the unwarranted failure of the [permittee](/usc/30/1291.md?p=18) to comply with any requirements of this chapter or any [permit](/usc/30/1291.md?p=15) conditions, or that such violations are willfully caused by the [permittee](/usc/30/1291.md?p=18), the [Secretary](/usc/30/1291.md?p=23) or his authorized representative shall forthwith issue an order to the [permittee](/usc/30/1291.md?p=18) to show cause as to why the [permit](/usc/30/1291.md?p=15) should not be suspended or revoked and shall provide opportunity for a public hearing. If a hearing is requested the [Secretary](/usc/30/1291.md?p=23) shall inform all interested parties of the time and place of the hearing. Upon the [permittee](/usc/30/1291.md?p=18)’s failure to show cause as to why the [permit](/usc/30/1291.md?p=15) should not be suspended or revoked, the [Secretary](/usc/30/1291.md?p=23) or his authorized representative shall forthwith suspend or revoke the [permit](/usc/30/1291.md?p=15).
  - (5) Notices and orders issued pursuant to this section shall set forth with reasonable specificity the nature of the violation and the remedial action required, the period of time established for abatement, and a reasonable description of the portion of the surface coal mining and reclamation operation to which the notice or order applies. Each notice or order issued under this section shall be given promptly to the [permittee](/usc/30/1291.md?p=18) or his agent by the [Secretary](/usc/30/1291.md?p=23) or his authorized representative who issues such notice or order, and all such notices and orders shall be in writing and shall be signed by such authorized representatives. Any notice or order issued pursuant to this section may be modified, vacated, or terminated by the [Secretary](/usc/30/1291.md?p=23) or his authorized representative. A copy of any such order or notice shall be sent to the [State regulatory authority](/usc/30/1291.md?p=26) in the [State](/usc/30/1291.md?p=24) in which the violation occurs: Provided, That any notice or order issued pursuant to this section which requires cessation of mining by the [operator](/usc/30/1291.md?p=13) shall expire within thirty days of actual notice to the [operator](/usc/30/1291.md?p=13) unless a public hearing is held at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of public hearing.
- (b) **Inadequate State enforcement; notice and hearing—** Whenever on the basis of information available to him, the [Secretary](/usc/30/1291.md?p=23) has reason to believe that violations of all or any part of an approved [State program](/usc/30/1291.md?p=25) result from a failure of the [State](/usc/30/1291.md?p=24) to enforce such [State program](/usc/30/1291.md?p=25) or any part thereof effectively, he shall after public notice and notice to the [State](/usc/30/1291.md?p=24), hold a hearing thereon in the [State](/usc/30/1291.md?p=24) within thirty days of such notice. If as a result of said hearing the [Secretary](/usc/30/1291.md?p=23) finds that there are violations and such violations result from a failure of the [State](/usc/30/1291.md?p=24) to enforce all or any part of the [State program](/usc/30/1291.md?p=25) effectively, and if he further finds that the [State](/usc/30/1291.md?p=24) has not adequately demonstrated its capability and intent to enforce such [State program](/usc/30/1291.md?p=25), he shall give public notice of such finding. During the period beginning with such public notice and ending when such [State](/usc/30/1291.md?p=24) satisfies the [Secretary](/usc/30/1291.md?p=23) that it will enforce this chapter, the [Secretary](/usc/30/1291.md?p=23) shall enforce, in the manner provided by this chapter, any [permit](/usc/30/1291.md?p=15) condition required under this chapter, shall issue new or revised [permits](/usc/30/1291.md?p=15) in accordance with requirements of this chapter, and may issue such notices and orders as are necessary for compliance therewith: Provided, That in the case of a [State](/usc/30/1291.md?p=24) [permittee](/usc/30/1291.md?p=18) who has met his obligations under such [permit](/usc/30/1291.md?p=15) and who did not willfully secure the issuance of such [permit](/usc/30/1291.md?p=15) through fraud or collusion, the [Secretary](/usc/30/1291.md?p=23) shall give the [permittee](/usc/30/1291.md?p=18) a reasonable time to conform ongoing surface mining and reclamation to the requirements of this chapter before suspending or revoking the [State](/usc/30/1291.md?p=24) [permit](/usc/30/1291.md?p=15).
- (c) **Civil action for relief—** The [Secretary](/usc/30/1291.md?p=23) may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the surface coal mining and reclamation operation is located or in which the [permittee](/usc/30/1291.md?p=18) thereof has his principal [office](/usc/30/1291.md?p=12), whenever such [permittee](/usc/30/1291.md?p=18) or his agent (A) violates or fails or refuses to comply with any order or decision issued by the [Secretary](/usc/30/1291.md?p=23) under this chapter, or (B) interferes with, hinders, or delays the [Secretary](/usc/30/1291.md?p=23) or his authorized representatives in carrying out the provisions of this chapter, or (C) refuses to admit such authorized representative to the mine, or (D) refuses to [permit](/usc/30/1291.md?p=15) inspection of the mine by such authorized representative, or (E) refuses to furnish any information or report requested by the [Secretary](/usc/30/1291.md?p=23) in furtherance of the provisions of this chapter, or (F) refuses to [permit](/usc/30/1291.md?p=15) access to, and copying of, such records as the [Secretary](/usc/30/1291.md?p=23) determines necessary in carrying out the provisions of this chapter. Such court shall have jurisdiction to provide such relief as may be appropriate. Temporary restraining orders shall be issued in accordance with rule 65 of the Federal Rules of Civil Procedure, as amended. Any relief granted by the court to enforce an order under clause (A) of this section[^1] shall continue in effect until the completion or final termination of all proceedings for review of such order under this subchapter, unless, prior thereto, the district court granting such relief sets it aside or modifies it.
- (d) **Sanctions; effect on additional enforcement rights under State law—** As a condition of approval of any [State program](/usc/30/1291.md?p=25) submitted pursuant to [section 1253 of this title](/usc/30/1253.md), the enforcement provisions thereof shall, at a minimum, incorporate sanctions no less stringent than those set forth in this section, and shall contain the same or similar procedural requirements relating thereto. Nothing herein shall be construed so as to eliminate any additional enforcement rights or procedures which are available under [State](/usc/30/1291.md?p=24) law to a [State regulatory authority](/usc/30/1291.md?p=26) but which are not specifically enumerated herein.

## Footnotes

[^1]: So in original. Probably should be “subsection”.

## Source credit

(Pub. L. 95–87, title V, § 521, Aug. 3, 1977, 91 Stat. 504.)

## Notes

### Editorial Notes

### References in Text

Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (c), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.