[Title 30 CFR 847]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 30 - MINERAL RESOURCES]
[Chapter Vii - OFFICE OF SURFACE]
[Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES]
[Part 847 - ALTERNATIVE ENFORCEMENT]
[From the U.S. Government Printing Office]


30MINERAL RESOURCES32002-07-012002-07-01false847PART 847MINERAL RESOURCESOFFICE OF SURFACEPERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES
PART 847--ALTERNATIVE ENFORCEMENT--Table of Contents




Sec.
847.1 Scope.
847.2 General provisions.
847.11 Criminal penalties.
847.16 Civil actions for relief.

    Authority: 30 U.S.C. 1201 et seq.

    Source: 65 FR 79671, Dec. 19, 2000, unless otherwise noted.



Sec. 847.1  Scope.

    This part governs the use of measures provided in sections 518(e), 
518(g) and 521(c) of the Act for criminal penalties and civil actions to 
compel compliance with provisions of the Act.



Sec. 847.2  General provisions.

    (a) Whenever a court of competent jurisdiction enters a judgment 
against or convicts a person under these provisions, we must update AVS 
to reflect the judgment or conviction.
    (b) The existence of a performance bond or bond forfeiture cannot be 
used as the sole basis for determining that an alternative enforcement 
action is unwarranted.
    (c) Each State regulatory program must include provisions for civil 
actions and criminal penalties that are no less stringent than those in 
this part and include the same or similar procedural requirements.
    (d) Nothing in this part eliminates or limits any additional 
enforcement rights or procedures available under Federal or State law.



Sec. 847.11  Criminal penalties.

    Under sections 518(e) and (g) of the Act, we, the regulatory 
authority, will request the Attorney General to pursue

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criminal penalties against any person who--
    (a) Willfully and knowingly violates a condition of the permit;
    (b) Willfully and knowingly fails or refuses to comply with--
    (1) Any order issued under section 521 or 526 of the Act; or
    (2) Any order incorporated into a final decision issued by the 
Secretary under the Act (except for those orders specifically excluded 
under section 518(e) of the Act); or
    (c) Knowingly makes any false statement, representation, or 
certification, or knowingly fails to make any statement, representation, 
or certification in any application, record, report, plan, or other 
document filed or required to be maintained under the regulatory program 
or any order or decision issued by the Secretary under the Act.



Sec. 847.16  Civil actions for relief.

    (a) Under section 521(c) of the Act, we, the regulatory authority, 
will request the Attorney General to institute a civil action for relief 
whenever you, the permittee, or your agent--
    (1) Violate or fail or refuse to comply with any order or decision 
that we issue under the Act or regulatory program;
    (2) Interfere with, hinder, or delay us in carrying out the 
provisions of the Act or its implementing regulations;
    (3) Refuse to admit our authorized representatives onto the site of 
a surface coal mining and reclamation operation;
    (4) Refuse to allow our authorized representatives to inspect a 
surface coal mining and reclamation operation;
    (5) Refuse to furnish any information or report that we request 
under the Act or regulatory program; or
    (6) Refuse to allow access to, or copying of, those records that we 
determine necessary to carry out the provisions of the Act and its 
implementing regulations.
    (b) A civil action for relief includes a permanent or temporary 
injunction, restraining order, or any other appropriate order by a 
district court of the United States for the district in which the 
surface coal mining and reclamation operation is located or in which you 
have your principal office.
    (c) Temporary restraining orders will be issued in accordance with 
Rule 65 of the Federal Rules of Civil Procedure, as amended.
    (d) Any relief the court grants to enforce an order under paragraph 
(b) of this section will continue in effect until completion or final 
termination of all proceedings for review of that order under the Act or 
its implementing regulations unless, beforehand, the district court 
granting the relief sets aside or modifies the order.

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