[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2835 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2835

To provide for the remediation of abandoned and inactive hardrock mines 
       in the Upper Animas River Basin in southwestern Colorado.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2003

Mr. McInnis (for himself, Mr. Tancredo, and Mr. Hefley) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To provide for the remediation of abandoned and inactive hardrock mines 
       in the Upper Animas River Basin in southwestern Colorado.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pilot Project, Good Samaritan 
Provision for Abandoned and Inactive Mined Land Remediation Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Thousands of abandoned or inactive mines exist in the 
        West and elsewhere in the United States.
            (2) Often, a party that is responsible for conditions at 
        abandoned or inactive mined land is not identifiable or 
        economically viable, resulting in an inability to compel the 
        party to clean up the mine site.
            (3) Cleanup of these sites is hampered by liability 
        concerns and disagreements over how those concerns should be 
        addressed.
            (4) A pilot program in a small geographic area may 
        demonstrate how best to address liability issues with a variety 
        of ownership patterns and cooperating entities.
            (5) Only a small number of the hundreds of inactive mines 
        in the Upper Animas River Basin in San Juan County, Colorado, 
        have been actively mined since the 1940's.
            (6) Twenty nine total maximum daily load allocations have 
        been established pursuant to section 303(d) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1313) for particular 
        metals in specific segments of the Upper Animas River Basin.
            (7) The Upper Animas River Basin is 1 of 2 geographic areas 
        nationwide chosen for intensive study under the Department of 
        the Interior's abandoned mined lands initiative.
    (b) Purpose.--The purpose of this Act is to initiate a 10-year 
pilot program in the Animas River Basin which will facilitate the 
cleanup of abandoned and inactive mine sites in the Basin that 
negatively impact water quality by limiting liability under sections 
301, 302, and 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1313, 1314, 1342) for third parties not responsible for the degradation 
but who take steps to improve water quality.

SEC. 3. ABANDONED OR INACTIVE MINED LAND 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:
    ``(r) Abandoned or Inactive Mined Land Remediation Permits.--
            ``(1) Limited in location.--This subsection applies only to 
        abandoned or inactive hardrock mines located in the Animas 
        River watershed above Elk Creek in San Juan County, Colorado.
            ``(2) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Abandoned or inactive mined land.--The term 
                `abandoned or inactive mined land' means land formerly 
                mined for noncoal resources--
                            ``(i) that is no longer actively mined (and 
                        not in temporary shutdown) as of January 1, 
                        1992;
                            ``(ii) that is not included, or proposed 
                        for inclusion, on the National Priorities List 
                        under the Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601 et seq.); and
                            ``(iii) for which there is no known 
                        responsible owner or operator.
                    ``(B) Responsible owner or operator.--The term 
                `responsible owner or operator' means a person or 
                entity--
                            ``(i) that is responsible for activities 
                        conducted 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 the requirements of sections 
                        301 and 302 and this section.
                    ``(C) Permit.--The term `permit' means an abandoned 
                or inactive mined land remediation permit described 
                under paragraph (3).
                    ``(D) 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) the State of Colorado or political 
                        subdivision thereof; or
                            ``(iii) a private person or entity that is 
                        not--
                                    ``(I) a responsible owner or 
                                operator for the site to be remediated; 
                                or
                                    ``(II) the legal owner of the site 
                                to be remediated.
                    ``(E) Cooperating party.--The term `cooperating 
                party' means any person or entity, including the 
                Federal Government, that is not the legal owner of the 
                site to be remediated and--
                            (i) participates in the design or 
                        implementation of the practices described 
in subparagraph (4)(B)(viii) with respect to the site to be remediated;
                            ``(ii) participates in the design or 
                        implementation of monitoring or other forms of 
                        assessment described in subparagraph (4)(B)(x); 
                        or
                            ``(iii) raises, contributes, or administers 
                        funding or in-kind services for the purposes 
                        described in paragraph (4)(B)(viii) or 
                        (4)(B)(x).
            ``(3) Permits.--
                    ``(A) In general.--The Administrator, with the 
                concurrence of the State of Colorado, may issue, 
                modify, enforce, or terminate an abandoned or inactive 
                mined land remediation permit to a remediating party 
                for discharges associated with remediation activity at 
                abandoned or inactive mined land, that modifies the 
                otherwise applicable requirements of any other 
                subsection of this section and of sections 301, 302 and 
                401.
                    ``(B) Delegation.--The Administrator may delegate 
                all or part of the authority under subparagraph (A) to 
                the State of Colorado.
            ``(4) Permit process.--
                    ``(A) Scope.--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.
                    ``(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 geographic boundaries 
                        of the abandoned or inactive mined land 
                        addressed by the plan, including a verification 
                        that the land meets the requirements of 
                        paragraphs (1) and (2)(A);
                            ``(iii) identifies the waters of the United 
                        States affected by past mining activities at 
                        the abandoned or inactive mined land;
                            ``(iv) describes the baseline conditions of 
                        the waters at the time of the permit 
                        application (including the nature and extent of 
                        any pollutant causing the impact);
                            ``(v) describes the physical and chemical 
                        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) any persons or entities, 
                                including mine operators, 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 abandoned or inactive 
                                mined land;
                            ``(vii) describes the remediation goals and 
                        objectives, including the pollutant or 
                        pollutants to be addressed by the plan;
                            ``(viii) describes the practices, including 
                        a schedule and estimated completion date for 
                        implementing the practices, that are proposed 
                        to reduce, control, mitigate, or eliminate the 
                        adverse water quality impacts, 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 
                        furthering the objectives of existing total 
                        maximum daily load allocations under section 
                        303(d) for the identified waters;
                            ``(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 for 
                        responding to foreseeable, unplanned adverse 
                        events, including stabilization of the site if 
                        remedial actions cease prematurely;
                            ``(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;
                            ``(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 additional information 
                        requested by the Administrator to clarify the 
                        plan and activities covered by the plan; and
                            ``(xvi) is signed by the applicant.
                    ``(C) Review of application.--
                            ``(i) In general.--The Administrator shall 
                        review each permit application and determine 
                        whether the application meets the requirements 
                        of subparagraph (B).
                            ``(ii) Disapproval.--If the Administrator 
                        determines that an application does not meet 
                        the requirements of subparagraph (B), the 
                        Administrator shall notify the applicant that 
                        the application is disapproved, explain the 
                        reasons for the disapproval, and allow the 
                        applicant to submit a revised application.
                            ``(iii) Approval.--If the Administrator 
                        determines that an application meets the 
                        requirements of subparagraph (B), the 
                        Administrator shall notify the applicant that 
                        the application is accepted, provide to the 
                        public notice of and reasonable opportunity to 
                        comment on the application, and provide to the 
                        public an opportunity for a public hearing on 
                        the application.
                    ``(D) Issuance.--
                            ``(i) Decision to issue.--After notice and 
                        opportunity for public comment on a permit 
                        proposed to be issued, the Administrator may 
                        issue a 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 responsible owner or 
                                operator exists; and
                                    ``(III) the remediation plan 
                                demonstrates with reasonable certainty 
                                that the implementation of the plan 
                                will result in an improvement in water 
                                quality and will lead toward the goal 
                                of meeting existing total maximum daily 
                                load allocations under section 303(d) 
                                taking into consideration the resources 
                                available to the remediating party for 
                                the proposed remediation activity.
                            ``(ii) Decision not to issue.--If the 
                        Administrator decides not to issue a permit to 
                        the applicant, the Administrator shall notify 
                        the applicant of the reasons for not issuing 
                        the permit.
                    ``(E) Modification.--
                            ``(i) In general.--Not later than 45 days 
                        after the receipt of a written request by a 
                        permittee and not later than 30 days after 
                        providing public notice and an opportunity for 
                        comment, the Administrator shall approve or 
                        disapprove a modification of a permit, unless a 
                        public hearing is requested by a member of the 
                        public, a tribe, a State agency, or a local 
                        governmental agency within 30 days after the 
                        provision of public notice.
                            ``(ii) Public hearing.--If a public hearing 
                        is requested, the Administrator shall have an 
                        additional 90 days to provide for a public 
                        hearing and an opportunity for comment and 
                        approve or disapprove a modification of a 
                        permit.
                            ``(iii) Approval.--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 the 
                                State of Colorado;
                                    ``(III) in accordance with the 
                                standards in subparagraph (D)(i)(III); 
                                and
                                    ``(IV) immediately reflected in and 
                                applicable to the remediation permit.
            ``(5) Contents of permit.--
                    ``(A) In general.--A permit under this subsection 
                shall--
                            ``(i) include a remediation plan approved 
                        by the Administrator and additional 
                        requirements that the Administrator establishes 
                        under paragraph (11); and
                            ``(ii) provide for compliance with and 
                        implementation of the remediation plan and any 
                        other requirements described under clause (i).
                    ``(B) Review.--A permit under this subsection shall 
                establish a schedule for review, by the Administrator, 
                of compliance with the conditions and limitations of 
                the permit.
                    ``(C) Compliance with other limitations.--A permit 
                under this subsection shall not require the remediating 
                party or any cooperating parties with respect to the 
                remediation plan to comply with any other subsection of 
                this section or with sections 301 or 302.
                    ``(D) Recoverable value.--A remediation party is 
                not prohibited from selling or using materials 
                recovered during the implementation of the plan, but 
                the proceeds of any such sale must be used to defray 
                the costs of remediation of the site addressed in the 
                permit or the costs of remediation of other abandoned 
                or inactive mined lands as defined in paragraphs (1) 
                and (2)(A).
            ``(6) Failure to comply.--If, during the review conducted 
        under paragraph (5)(B), on the receipt of a petition from any 
        person, or for any other appropriate reason, the Administrator 
        determines that the remediating party has failed to comply with 
        the provisions of the permit, the Administrator may bring an 
        enforcement action under section 309.
            ``(7) State certification.--In so far as this subsection 
        may relate to water quality standards, certification under 
        section 401 shall not apply to permits under this subsection.
            ``(8) Termination.--
                    ``(A) In general.--The Administrator shall 
                terminate a permit issued under this subsection if--
                            ``(i) the remediating party completes the 
                        implementation of the remediation plan;
                            ``(ii) the discharge covered by the permit 
                        becomes 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 the 
                        remediating party seeking termination of 
                        coverage is not a participant in the 
                        development;
                            ``(iii) an event or condition is 
                        encountered that was not contemplated by the 
                        remediation plan and is beyond the control of 
                        the permittee and the 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, are equal to 
                        or superior to the baseline conditions at the 
                        site as described in paragraph (4)(B)(iv); or
                            ``(iv) the permittee fails to conduct the 
                        remediation according to the approved 
                        remediation plan.
                    ``(B) No enforcement liability.--If a permit is 
                terminated under subparagraph (A), the remediating 
                party or any cooperating parties with respect to the 
                remediation plan 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.
            ``(9) Limitations.--
                    ``(A) Emergency powers.--Nothing in this subsection 
                limits the authority of the Administrator under section 
                504.
                    ``(B) Prior violations.--Nothing in this subsection 
                or a permit issued under 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 section 301(a) or 302 
                for a permit issued under this subsection, that 
                occurred prior to the issuance of a permit under this 
                subsection.
                    ``(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 or mining) not described in a permit issued 
                by the Administrator under this subsection shall be 
                subject to this Act (other than this subsection).
            ``(10) Liability of other parties.--Nothing in this 
        subsection limits the liability of any person other than the 
        remediating party or any cooperating parties with respect to 
        the remediation plan under this Act or any other law.
            ``(11) Regulations.--
                    ``(A) In general.--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 remediation plans described 
                in paragraph (4)(B) and, as considered to be necessary 
                by the Administrator, other paragraphs of this 
                subsection.
                    ``(B) Specific regulations.--The Administrator may 
                promulgate, on a case-by-case basis, 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, more specific requirements that the 
                Administrator determines would facilitate 
                implementation of this subsection in an individual 
                abandoned or inactive mined land remediation permit.
            ``(12) Funding for implementing remediation plans.--
                    ``(A) In general.--There is authorized to be 
                appropriated to the Administrator $5,000,000 to pay 67 
                percent of the costs of designing and implementing 
                remediation plans for which permits are issued under 
                this subsection. The remaining share of such costs may 
                be provided with funds or in-kind services by private, 
                local, State, or other Federal sources.
                    ``(B) Priority.--The funds appropriated under this 
                paragraph shall be allocated first to proposed 
                remediation plans that are comparatively more likely 
                than other proposed remediation plans to further the 
                objectives of the existing total maximum daily load 
                allocations under section 303(d).
            ``(13) Report.--
                    ``(A) In general.--Not later than 1 year before the 
                date of termination of permitting authority specified 
                in paragraph (14), the Administrator shall submit to 
                Congress a report on the activities authorized by this 
                subsection.
                    ``(B) Contents.--At a minimum, the report required 
                under subparagraph (A) shall--
                            ``(i) identify each permit, and associated 
                        remediating party, issued under this 
                        subsection;
                            ``(ii) identify the abandoned or inactive 
                        mine land addressed by each such permit 
                        (including the water bodies and baseline water 
                        quality of the water bodies 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 the practices to be employed according to 
                        the plan to reduce, control, mitigate, of 
                        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 subsection (including the 
                        disposition of the legal action); and
                            ``(vi) include recommendations by the 
                        Administrator for any modifications to this 
                        subsection, or regulations promulgated under 
                        paragraph (11) to implement this subsection, 
                        that would facilitate the improvement of water 
                        quality through remediation of abandoned or 
                        inactive mined land.
            ``(14) Termination of permitting authority.--The authority 
        granted to the Administrator under this subsection to issue an 
        abandoned or inactive mined land remediation permit terminates 
        on the date that is 10 years after the date of enactment of 
        this subsection.''.
                                 <all>