[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4078 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4078

  To provide for the reclamation of abandoned hardrock mines, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2002

Mr. Udall of Colorado introduced the following bill; which was referred 
  to the Committee on Resources, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To provide for the reclamation of abandoned hardrock mines, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Abandoned Hardrock 
Mines Reclamation Act of 2002''.
    (b) Findings.--The Congress finds that:
            (1) Through various laws and policies, including the 
        General Mining Law of 1872, the Federal Government has 
        encouraged the development of gold, silver, and other minerals, 
        especially in the west, and development of these resources has 
        helped create a strong economy and provided needed materials 
        for many critical products and services.
            (2) However, historically mining activities have occurred 
        in recurrent cycles of ``boom'' followed by ``bust'', with many 
        mines left inactive and abandoned at the end of each cycle.
            (3) As a result of this history, the nation has been left 
        an unwelcome legacy of inactive or abandoned mines that 
        includes thousands of such sites in the western States.
            (4) Many inactive or abandoned mines are having serious 
        effects on the lands and waters of affected States. Thousands 
        of stream miles are damaged by drainage and runoff from such 
        mines, and in several western States this is one of the largest 
        sources of adverse effects on water quality. Many of these 
        sites also pose safety hazards to the public.
            (5) Cleanup of these sites is hampered by two obstacles--
        lack of funding and concerns about liability. In many cases, no 
        responsible party for such a mine site is identifiable. In many 
        other cases, no responsible party has the economic resources to 
        respond to the adverse environmental effects of a site. Federal 
        and State agencies and Indian tribes have in many cases not 
        been able to afford to make cleanup of these mine sites a high 
        priority. And other parties have been reluctant to undertake 
        remedial actions because of the possibility that they would be 
        considered to have assumed liability with regard to such a 
        site.
            (6) It is in the national interest to facilitate the 
        cleanup of these sites through appropriate legislation that 
        reduces these obstacles.
    (c) Purpose.--The purpose of this Act is to facilitate cleanup of 
inactive and abandoned mine sites by establishing a source of funding 
for that purpose and by limiting the potential liability of parties 
undertaking to carry out such cleanup.
    (d) Scope.--Nothing in this Act is intended to facilitate new 
mining activities or any reduction in liability associated with any 
current or new mining or processing activities.

              TITLE I--FUNDING FOR ABANDONED MINE CLEANUPS

SEC. 101. DEFINITIONS.

    As used in this title:
            (1) The term ``gross proceeds'' means the value of any 
        extracted hardrock mineral which was--
                    (A) sold;
                    (B) exchanged for any thing or service;
                    (C) removed from the country in a form ready for 
                use or sale; or
                    (D) initially used in a manufacturing process or in 
                providing a service.
            (2) The term ``net proceeds'' means gross proceeds less the 
        sum of the following deductions:
                    (A) The actual cost of extracting the mineral.
                    (B) The actual cost of transporting the mineral to 
                the place or places of reduction, refining and sale.
                    (C) The actual cost of reduction, refining and 
                sale.
                    (D) The actual cost of marketing and delivering the 
                mineral and the conversion of the mineral into money.
                    (E) The actual cost of maintenance and repairs of--
                            (i) all machinery, equipment, apparatus and 
                        facilities used in the mine;
                            (ii) all milling, refining, smelting and 
                        reduction works, plants and facilities; and
                            (iii) all facilities and equipment for 
                        transportation.
                    (F) The actual cost of fire insurance on the 
                machinery, equipment, apparatus, works, plants and 
                facilities mentioned in subparagraph (E).
                    (G) Depreciation of the original capitalized cost 
                of the machinery, equipment, apparatus, works, plants 
                and facilities mentioned in subparagraph (E).
                    (H) All money expended for premiums for industrial 
                insurance, and the actual cost of hospital and medical 
                attention and accident benefits and group insurance for 
                all employees.
                    (I) The actual cost of developmental work in or 
                about the mine or upon a group of mines when operated 
                as a unit.
                    (J) All royalties and severance taxes paid to the 
                Federal Government or State governments.
            (3) The term ``hardrock minerals'' means any mineral other 
        than a mineral that would be subject to disposition under any 
        of the following if located on land subject to the general 
        mining laws:
                    (A) The Mineral Leasing Act (30 U.S.C. 181 and 
                following).
                    (B) The Geothermal Steam Act of 1970 (30 U.S.C. 100 
                and following).
                    (C) The Act of July 31, 1947, commonly known as the 
                Materials Act of 1947 (30 U.S.C. 601 and following).
                    (D) The Mineral Leasing for Acquired Lands Act (30 
                U.S.C. 351 and following).
            (4) The term ``Secretary'' means the Secretary of the 
        Interior.
            (5) The term ``patented mining claim'' means an interest in 
        land which has been obtained pursuant to sections 2325 and 2326 
        of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
        claims and sections 2329, 2330, 2331, and 2333 of the Revised 
        Statutes (30 U.S.C. 35, 36, and 37) for placer claims, or 
        section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
        site claims.
            (6) The term ``general mining laws'' means those Acts which 
        generally comprise chapters 2, 12A, and 16, and sections 161 
        and 162 of title 30 of the United States Code.

SEC. 102. SOURCE OF REVENUES FOR ABANDONED MINE CLEANUP.

    (a) Reclamation Fee.--Any person producing hardrock minerals from a 
mine within an unpatented mining claim or a mine on land that was 
patented under the general mining laws shall pay a reclamation fee to 
the Secretary under this section. The amount of such fee shall be equal 
to a percentage of the net proceeds from such mine. The percentage 
shall be based upon the ratio of the net proceeds to the gross proceeds 
related to such production in accordance with the following table:

Net proceeds as percentage                    Rate of fee as percentage
  of gross proceeds                                     of net proceeds
        Less than 10.......................................    2.00    
        10 or more but less than 18........................    2.50    
        18 or more but less than 26........................    3.00    
        26 or more but less than 34........................    3.50    
        34 or more but less than 42........................    4.00    
        42 or more but less than 50........................    4.50    
        50 or more.........................................    5.00    

    (b) Exemption.--Gross proceeds of less than $500,000 from minerals 
produced in any calendar year shall be exempt from the reclamation fee 
under this section for that year if such proceeds are from one or more 
mines located in a single patented claim or on two or more contiguous 
patented claims.
    (c) Payment.--The amount of all fees payable under this section for 
any calendar year shall be paid to the Secretary within 60 days after 
the end of such year.
    (d) Disbursement of Revenues.--The receipts from the fee collected 
under this section shall be paid into an Abandoned Minerals Mine 
Reclamation Fund.
    (e) Effective Date.--This section shall take effect with respect to 
hardrock minerals produced in calendar years after December 31, 2001.

SEC. 103. ABANDONED MINERALS MINE RECLAMATION FUND.

    (a) Establishment.--(1) There is established in the Treasury of the 
United States an interest-bearing fund to be known as the Abandoned 
Minerals Mine Reclamation Fund (hereafter referred to in this section 
as the `Fund'). The Fund shall be administered by the Secretary.
    (2) The Secretary shall notify the Secretary of the Treasury as to 
what portion of the Fund is not, in the Secretary's judgment, required 
to meet current withdrawals. The Secretary of the Treasury shall invest 
such portion of the Fund in public debt securities with maturities 
suitable for the needs of such Fund and bearing interest at rates 
determined by the Secretary of the Treasury, taking into consideration 
current market yields on outstanding marketplace obligations of the 
United States of comparable maturities. The income on such investments 
shall be credited to, and from a part of, the Fund.
    (b) Use and Objectives of the Fund.--The Secretary is, subject to 
appropriations, authorized to use moneys in the Fund for the 
reclamation and restoration affecting eligible areas, including, but 
not limited to, any of the following:
            (1) Reclamation and restoration of abandoned surface mined 
        areas.
            (2) Reclamation and restoration of abandoned milling and 
        processing areas.
            (3) Sealing, filling, and grading abandoned deep mine 
        entries.
            (4) Planting of land adversely affected by past mining to 
        prevent erosion and sedimentation.
            (5) Prevention, abatement, treatment, and control of water 
        pollution created by abandoned mine drainage.
            (6) Control of surface subsidence due to abandoned deep 
        mines.
            (7) Such expenses as may be necessary to accomplish the 
        purposes of this section.
    (c) Eligible Areas.--Reclamation expenditures under this section 
shall be made only in States that are eligible under subsection (f), 
and shall be used only for reclamation of lands and waters--
            (1) that were but are no longer actively mined for hardrock 
        minerals (and not in temporary shutdown) as of the date of 
        enactment of this Act;
            (2) that are not included on the National Priorities List 
        under the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and for 
        which there is no identifiable owner or operator for the mine 
        or mine facilities; and
            (3) for which it can be established that such lands do not 
        contain minerals which could economically be extracted through 
        the mining, reprocessing or remining of such lands.
    (d) Ineligible Areas.--Sites and areas designated for remedial 
action pursuant to the Uranium Mill Tailings Radiation Control Act of 
1978 (42 U.S.C. 7901 and following) or which have been listed for 
remedial action pursuant to the Comprehensive Environmental Response 
Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) 
or are the subject of a planned or ongoing response or natural 
resources damages action under that Act, shall not be eligible for 
expenditures from the Fund under this section.
    (e) Priorities.--(1) Expenditures from the fund shall reflect the 
following priorities, in the order stated except as provided in 
paragraph (2).
            (A) Extreme danger.--Protection of public health, safety, 
        general welfare, and property from extreme danger of adverse 
        effects of past mineral activity.
            (B) Adverse effects.--Protection of public health, safety, 
        general welfare, and property from the adverse effects of past 
        mineral activity.
            (C) Degradation.--The restoration of water, lands and fish 
        and wildlife resources degraded by the adverse effects of past 
        mineral activity.
    (2) When it is feasible and appropriate, a combination of 
priorities stated in paragraph (1) should be undertaken to achieve more 
cost-effective full-site or full-drainage restoration.
    (f) Eligible States.--Except as provided under subsection (h), 
expenditures under this section shall be made only for reclamation of 
lands and water within States that--
            (1) include lands subject to the general mining laws; and
            (2) have completed a statewide inventory of abandoned 
        hardrock sites within the State eligible to receive funding 
        under this Act.
    (g) Eligible Remediating Parties.--The Secretary may authorize 
expenditures from the fund for remediation activities conducted by an 
agency of the United States or by remediating parties who are 
permittees under the abandoned or inactive mine land waste remediation 
permit program as provided for in section 402(q) of the Federal Water 
Pollution Control Act (33 U.S.C. 1342).
    (h) Inventory Funding.--States that include lands subject to the 
general mining laws but that have not completed a statewide inventory 
as described in subsection (f)(2) may receive grants not exceeding 
$2,000,000 annually to assist in the completion of such inventory.

 TITLE II--GOOD SAMARITAN PERMITS FOR ABANDONED HARDROCK MINE CLEANUPS

SEC. 201. ABANDONED OR INACTIVE MINED LAND WASTE REMEDIATION PERMITS.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1342) is amended by adding at the end the following:
    ``(q) Abandoned or Inactive Mined Land Waste Remediation Permits.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Identifiable owner or operator.--The term 
                `identifiable owner or operator' means a person or 
                entity--
                            ``(i) that is the current owner or operator 
                        or that is or was responsible for the 
                        activities at abandoned or inactive mined land 
                        that created conditions that cause or 
                        contribute to the discharge of pollutants from 
                        the abandoned or inactive mined land; and
                            ``(ii) that is financially capable of 
                        compliance with requirements of sections 301, 
                        302, and 402.
                    ``(B) Permit.--The term `permit' means an abandoned 
                or inactive mined land waste remediation permit 
                described under paragraph (2).
                    ``(C) Remediating party.--The term `remediating 
                party' means--
                            ``(i) the United States, except with 
                        respect to abandoned or inactive mined land 
                        located on Federal land;
                            ``(ii) a State or political subdivision 
                        thereof; or
                            ``(iii) an Indian tribe.
            ``(2) Permits.--
                    ``(A) In general.--The Administrator, with the 
                concurrence of the applicable State or Indian tribe, 
                may issue an abandoned or inactive mined land waste 
                remediation permit to a remediating party for 
                discharges associated with remediation activity at any 
                eligible area under this subsection, that modifies the 
                otherwise applicable requirements of any other 
                subsection of this section and of sections 301 and 302.
                    ``(B) Delegation.--The Administrator shall not 
                delegate the authority under subparagraph (A).
            ``(3) Permit process.--
                    ``(A) Scope.--(i) Except as provided in clause 
                (ii), a remediating party may apply for a permit for 
                remediation activities at abandoned or inactive mined 
                land from which there is or may be a discharge of 
                pollutants to waters of the United States.
                    ``(ii) A remediating party may not apply for a 
                permit under clause (i) if the abandoned or inactive 
                mined land is owned by the remediating party, unless 
                the land was purchased by the remediating party for the 
                express purpose of remediating pollutant discharges 
                related to past mining activities at the land to 
                improve water quality.
                    ``(B) Remediation plan.--A remediating party that 
                seeks a permit shall submit an application for the 
                permit that includes a remediation plan that--
                            ``(i) identifies the remediating party and 
                        any persons cooperating with the remediating 
                        party with respect to the plan;
                            ``(ii) identifies the abandoned or inactive 
                        mined land addressed by the plan, including a 
                        verification that the land is eligible under 
                        this Act;
                            ``(iii) identifies the waters of the United 
                        States affected by past mining activities at 
                        the abandoned or inactive mined land;
                            ``(iv) describes the baseline condition of 
                        the waters (including the nature and extent of 
                        any adverse water quality impact and, as 
                        applicable, the levels of any pollutant causing 
                        the impact);
                            ``(v) describes the physical conditions at 
                        the abandoned or inactive mined land that are 
                        causing adverse water quality impacts;
                            ``(vi) describes the applicant's reasonable 
                        efforts to identify--
                                    ``(I) current owners, lessees, and 
                                claimants of the abandoned or inactive 
                                mined land addressed by the plan; and
                                    ``(II) other persons, including 
                                mine operators, if any, whose 
                                activities at the abandoned or inactive 
                                mined land after October 18, 1972, 
                                created conditions that cause or 
                                contribute to the discharge of 
                                pollutants from the abandoned or 
                                inactive mined land;
                            ``(vii) describes the remediation goals and 
                        objectives, including the pollutant or 
                        pollutants to be addressed by the plan, 
                        including actions taken to meet the applicable 
                        water quality standards to the maximum extent 
                        practicable, but in no circumstances below 
                        baseline water condition  as described pursuant 
to section 4(q)(3)(B)(iv);
                            ``(viii) describes the practices, including 
                        a schedule and estimated completion date for 
                        implementing the practices, that are proposed 
                        to meet the applicable water quality standards 
                        to the maximum extent practicable, but in no 
                        circumstances below baseline water quality as 
                        determined under section 4(q)(3)(B)(iv), 
                        including--
                                    ``(I) in the case of a new 
                                remediation project, the preliminary 
                                system design and construction, 
                                operation, and maintenance plans; and
                                    ``(II) in the case of an existing 
                                remediation project, available system 
                                design and construction, operation, and 
                                maintenance plans and any planned 
                                improvements to the projects;
                            ``(ix) explains how the practices described 
                        in clause (viii) are expected to result in the 
                        attainment of applicable water quality 
                        standards to the maximum extent practicable, 
                        but in no circumstances below baseline water 
                        quality as determined under section 
                        4(q)(3)(B)(iv);
                            ``(x) describes the monitoring or other 
                        forms of assessment that will be undertaken to 
                        evaluate the success of the practices during 
                        and after implementation, relative to baseline 
                        conditions;
                            ``(xi) describes contingency plans, 
                        including the practices to be implemented to 
                        achieve the remediation goals and objectives 
                        described in clause (vii), for responding to 
                        unplanned adverse events;
                            ``(xii) provides a schedule for periodic 
                        reporting on progress in implementing the plan;
                            ``(xiii) provides a budget for the plan and 
                        identifies the funding sources that will 
                        support the implementation of the plan, 
                        including practices described in clauses 
                        (viii), (x), and (xi);
                            ``(xiv) describes the applicant's legal 
                        authority to enter and conduct activities at 
                        the abandoned or inactive mined land addressed 
                        by the plan;
                            ``(xv) contains any other additional 
                        information requested by the Administrator to 
                        clarify the plan and the activities covered by 
                        the plan; and
                            ``(xvi) is signed by the applicant.
                    ``(C) Review of application.--(i) The Administrator 
                shall--
                            ``(I) review each application for an 
                        abandoned or inactive mined land waste 
                        remediation permit;
                            ``(II) provide to the public notice of and 
                        reasonable opportunity to comment on the 
                        application;
                            ``(III) provide to the public an 
                        opportunity for a public hearing on the 
                        application; and
                            ``(IV) determine whether the application 
                        meets the requirements of subparagraph (B).
                    ``(ii) If the Administrator determines that an 
                application does not meet the requirements of 
                subparagraph (B), the Administrator shall--
                            ``(I) notify the applicant that the 
                        application is disapproved and explain the 
                        reasons for the disapproval; and
                            ``(II) allow the applicant to submit a 
                        revised application.
                    ``(iii) If the Administrator determines that an 
                application meets the requirements of subparagraph (B), 
                the Administrator shall notify the applicant that the 
                application is accepted.
                    ``(D) Issuance.--(i) After notice and opportunity 
                for public comment on a permit proposed to be issued, 
                including any additional requirements that the 
                Administrator determines would facilitate 
                implementation of this subsection, the Administrator 
                may issue an abandoned or inactive mined land waste 
                remediation permit to the applicant if the 
                Administrator determines that--
                            ``(I) relative to the resources available 
                        to the remediating party for the proposed 
                        remediation activity, the remediating party has 
                        made a reasonable effort to identify persons 
                        under subparagraph (B)(vi);
                            ``(II) no identifiable owner or operator 
                        exists; and
                            ``(III) the remediation plan demonstrates 
                        with reasonable certainty that the 
                        implementation of the plan will meet applicable 
                        water quality standards to the maximum extent 
                        practicable, but in no circumstances below 
                        baseline water condition as described pursuant 
                        to section 4(q)(3)(B)(iv), taking into 
                        consideration the resources available to the 
                        remediating party for the proposed remediation 
                        activity.
                    ``(ii) If the Administrator decides not to issue an 
                abandoned or inactive mined land waste remediation 
                permit to the applicant, the Administrator shall notify 
                the applicant of the reasons for not issuing the 
                permit.
                    ``(E) Modification.--(i) Not later than 120 days 
                after the receipt of a written request by a permittee, 
                the Administrator shall approve or disapprove a 
                modification of a permit.
                    ``(ii) A permit modification approved by the 
                Administrator under this subsection shall be--
                            ``(I) by agreement of the permittee and the 
                        Administrator;
                            ``(II) with the concurrence of any 
                        applicable State or Indian tribe;
                            ``(III) after providing the public notice 
                        of, and opportunity for comment and a hearing 
                        on, a proposed modification of a permit;
                            ``(IV) in accordance with the standards in 
                        subparagraph (D)(i)(III); and
                            ``(V) immediately reflected in and 
                        applicable to the remediation permit.
            ``(4) Contents of permit.--
                    ``(A) In general.--A permit--
                            ``(i) shall include a remediation plan 
                        approved by the Administrator and any 
                        additional requirements that the Administrator 
                        establishes under paragraph (9); and
                            ``(ii) shall provide for compliance with 
                        and implementation of the remediation plan and 
                        any other requirements described under clause 
                        (i).
                    ``(B) Review.--A permit shall establish a schedule 
                for review, by the Administrator, of compliance with 
                the conditions and limitations of the permit. The 
                Administration shall inspect each site subject to a 
                remediation permit at least annually.
                    ``(C) Compliance with other limitations.--A permit 
                shall require the remediating party to comply with any 
                other subsection of this section and with sections 301 
                or 302 to the maximum extent practicable.
                    ``(D) Commercial use or sale.--A permit shall not 
                authorize any discharge associated with the extraction, 
                processing, beneficiation, or removal of minerals for 
                purposes of commercial use or sale.
            ``(5) Failure to comply.--Failure of a remediating party 
        operating under an approved permit to comply with any condition 
        or limit of the permit related to water quality shall be 
        considered a violation of an effluent standard or limitation 
        for the purposes of sections 309 and 505 of this Act.
            ``(6) Termination.--
                    ``(A) In general.--The Administrator shall 
                terminate a permit if--
                            ``(i) the remediating party successfully 
                        completes the implementation of the remediation 
                        plan; or
                            ``(ii) the discharges covered by the 
                        permit--
                                    ``(I) become subject to a permit 
                                issued under the other subsections of 
                                this section for development that is 
                                not part of the implementation of the 
                                remediation plan; and
                                    ``(II) the remediating party 
                                seeking termination of coverage is not 
                                a participant in the development.
                    ``(B) Unforeseen condition.--The Administrator 
                shall terminate a permit if--
                            ``(i) an event or condition is encountered 
                        that could not have been contemplated or 
                        designed for by the remediation plan and is 
                        beyond the control of the remediating party; 
                        and
                            ``(ii) the Administrator determines that 
                        remediation activities under the permit have 
                        not resulted in surface water quality 
                        conditions due to remediation activities at the 
                        site, taken as a whole and with reference to 
                        the designated uses of the waters, that are 
                        below the baseline water condition as described 
                        pursuant to section 4(q)(3)(B)(iv).
                    ``(C) No enforcement liability.--If a permit is 
                terminated under subparagraph (A), the remediating 
                party shall not be subject to enforcement under section 
                309 or 505 for any remaining discharges from the 
                abandoned or inactive mined land described in the 
                permit.
            ``(7) Limitations.--
                    ``(A) Emergency powers.--Nothing in this subsection 
                limits the authority of the Administrator under section 
                504.
                    ``(B) Prior violations.--(i) Nothing in this 
                subsection precludes actions under section 309 or 505 
                or affects the relief available in actions under those 
                sections, with respect to violations of this section, 
                or sections 301(a) or 302, that occurred prior to the 
                issuance of a permit under this subsection.
                    ``(ii) If a permit covers remediation activities 
                implemented by the permit holder prior to the issuance 
                of the permit, clause (i) shall not apply to an action 
                that is based on conditions resulting from those 
                remediation activities.
                    ``(C) Obligation of states and indian tribes.--
                Except as expressly provided, nothing in this 
                subsection limits any obligation of a State or Indian 
                tribe under section 303.
                    ``(D) Other development.--Any development of 
                abandoned or inactive mined land (including mineral 
                exploration, processing, beneficiation, or mining) not 
                specifically described in a permit issued by the 
                Administrator under this subsection shall be subject to 
                this Act (other than this subsection). The commingling 
                of any other discharges or waters with the discharges 
                or waters subject to the remediation permit cannot 
                limit or reduce the liability of persons associated 
                with the other waters or discharges.
            ``(8) Liability of other parties.--Nothing in this 
        subsection, including any result caused by any action taken by 
        the remediating party, limits the liability of any person other 
        than the remediating party, under this Act or any other law.
            ``(9) Regulations.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator, in 
        consultation with State, tribal, and local officials and after 
        providing the public with notice of, and opportunity for 
        comment and a hearing on, regulations proposed to be 
        promulgated, shall promulgate regulations establishing 
        generally applicable requirements for--
                    ``(A) remediation plans described in paragraph 
                (3)(B); and
                    ``(B) as considered to be necessary by the 
                Administrator, other paragraphs of this subsection.
            ``(10) Funding.--Implementation of a remediation plan under 
        a permit issued under this subsection shall be eligible for 
        grants under section 319(h).
            ``(11) Report.--
                    ``(A) In general.--Not later than 1 year before the 
                date of the termination of permitting authority 
                specified in paragraph (12), the Administrator shall 
                submit to Congress a report on the activities 
                authorized by this subsection.
                    ``(B) Contents.--The report required under 
                subparagraph (A) shall, at a minimum--
                            ``(i) identify each permit, and associated 
                        remediating party, issued under this 
                        subsection;
                            ``(ii) identify the abandoned or inactive 
                        mine land addressed by each permit (including 
                        the waterbodies and baseline  water quality of 
the waterbodies affected by the land);
                            ``(iii) summarize the remediation plan 
                        associated with each permit issued under this 
                        subsection, including--
                                    ``(I) the goals and objectives of 
                                the plan;
                                    ``(II) the plan budget; and
                                    ``(III) the practices to be 
                                employed according to the plan to 
                                reduce, control, mitigate, or eliminate 
                                adverse water quality impacts;
                            ``(iv) identify the status of the 
                        implementation of each remediation plan 
                        associated with each permit issued under this 
                        subsection (including specific progress that 
                        permitted remediation activities have made 
                        toward achieving the goals and objectives of 
                        the remediation plan);
                            ``(v) identify and describe any enforcement 
                        action taken by the Administrator or any civil 
                        action brought by a citizen concerning a permit 
                        issued under this section (including the 
                        disposition of the legal action); and
                            ``(vi) include recommendations by the 
                        Administrator for any modifications to this 
                        subsection, or the regulations promulgated 
                        under paragraph (9) to implement this 
                        subsection, that would facilitate the 
                        improvement of water quality through the 
                        remediation of abandoned or inactive mined 
                        land.
            ``(12) Termination of permitting authority.--The authority 
        granted to the Administrator under this subsection to issue an 
        abandoned or inactive mined land waste remediation permit 
        terminates on the date that is 10 years after the date of 
        enactment of this subsection.
            ``(13) Eligible areas.--
                    ``(A) Sites.--Permits under this subsection shall 
                be issued only for remediation activities at sites that 
                were but no longer are actively mined for hardrock 
                minerals (and not in temporary shutdown) as of the date 
                of enactment of this subsection and that are located in 
                States that include lands subject to the general mining 
                laws.
                    ``(B) Definitions.--For purposes of this paragraph:
                            ``(i) The term `hardrock minerals' means 
                        any mineral other than a mineral that would be 
                        subject to any of the following if located on 
                        land subject to the general mining laws:
                                    ``(I) The Mineral Leasing Act (30 
                                U.S.C. 181 and following).
                                    ``(II) The Geothermal Steam Act of 
                                1970 (30 U.S.C. 100 and following).
                                    ``(III) The Act of July 31, 1947, 
                                commonly known as the Materials Act of 
                                1947 (30 U.S.C. 601 and following).
                                    ``(IV) The Mineral Leasing Act for 
                                Acquired Lands (30 U.S.C. 351 and 
                                following).
                            ``(ii) The term `general mining laws' means 
                        those Acts which generally comprise chapters 2, 
                        12A, and 16 and sections 161 and 162 of title 
                        30, United States Code.''.
                                 <all>