[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1660 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1660

 To improve water quality on abandoned and inactive mine land, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2003

  Mr. Campbell (for himself, Mr. Domenici, Mr. Allard, and Mr. Reid) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To improve water quality on abandoned and inactive mine land, 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.

    This Act may be cited as the ``Good Samaritan Abandoned and 
Inactive Mine Remediation Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Federal Government has encouraged, through various 
        laws and policies, the development of gold, silver, and other 
        minerals, especially in the West;
            (2) development of the resources referred to in paragraph 
        (1) has--
                    (A) helped create a strong economy; and
                    (B) provided strategic materials to achieve maximum 
                production of the metals that were essential to victory 
                in World War I and World War II;
            (3) during World War I and World War II, the Federal 
        Government actively encouraged mining and milling operations, 
        including the design and placement of mine tailings and waste 
        rock piles, practices--
                    (A) that were not governed by any Federal or State 
                environmental laws during that period;
                    (B) the impact of which on the environment and 
                public health were unknown; and
                    (C) that since that period, have been--
                            (i) found to be harmful to the environment; 
                        and
                            (ii) made illegal;
            (4) the result of the practices is a legacy of abandoned 
        and inactive mine sites, many of which are on Federal land, 
        that--
                    (A) have been unreclaimed or, based on existing 
                environmental standards, inadequately reclaimed; and
                    (B) continue to pose environmental and safety 
                hazards;
            (5) the cleanup of the abandoned and inactive mine sites is 
        hampered primarily by concerns about the potential liability 
        associated with the cleanup.
    (b) Purpose.--The purpose of this Act is to facilitate the cleanup 
of abandoned and inactive mine sites by limiting the potential 
liability of persons cleaning up the sites.

SEC. 3. ABANDONED AND INACTIVE MINE 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 and Inactive Mine Remediation Permits.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Abandoned or inactive mine land.--
                            ``(i) In general.--The term `abandoned or 
                        inactive mine land' means land--
                                    ``(I) that was actively mined for 
                                noncoal resources;
                                    ``(II) that is not--
                                            ``(aa) being actively mined 
                                        for noncoal resources; or
                                            ``(bb) subject to a 
                                        temporary shutdown; and
                                    ``(III) with respect to which there 
                                is no identifiable or economically 
                                viable owner or operator of record for 
                                the mine or mine facilities.
                            ``(ii) Exclusions.--The term `abandoned or 
                        inactive mine land' does not include--
                                    ``(I) a site listed on the National 
                                Priorities List under the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act of 1980 (42 U.S.C. 
                                9601 et seq.); or
                                    ``(II) a brownfield site (as 
                                defined in section 101 of that Act (42 
                                U.S.C. 9601).
                    ``(B) Permit.--The term `permit' means an abandoned 
                or inactive mine remediation permit described in 
                paragraph (2).
                    ``(C) Permitting agent.--The term `permitting 
                agent' means--
                            ``(i) the Administrator; or
                            ``(ii) the head of a State program that is 
                        authorized by the Administrator to issue and 
                        administer permits under this subsection.
                    ``(D) Remediating party.--
                            ``(i) In general.--The term `remediating 
                        party' means any of the following persons or 
                        entities that carries out the remediation of an 
                        abandoned or inactive mine land:
                                    ``(I)(aa) The United States, a 
                                State, a political subdivision of a 
                                State, or an Indian tribe; or
                                    ``(bb) any officer, employee, or 
                                contractor of the United States, a 
                                State, a political subdivision of a 
                                State, or an Indian tribe.
                                    ``(II) A corporation.
                                    ``(III) Any person or entity acting 
                                in cooperation with the permittee with 
                                respect to the abandoned or inactive 
                                mine land.
                            ``(ii) Exclusions.--The term `remediating 
                        party' does not include a person or entity 
                        described in clause (i) that, with respect to 
                        the abandoned or inactive mine land that is 
                        being remediated, has been determined to be 
                        legally responsible or in material 
                        noncompliance with section 301(a).
                    ``(E) Unanticipated event or condition.--The term 
                `unanticipated event or condition' means an event or 
                condition that was not contemplated by the permit.
            ``(2) In general.--The permitting agent may issue an 
        abandoned or inactive mine remediation permit for the conduct 
        of remediation activities on abandoned or inactive mine land 
        from which there is or may be a discharge of pollutants to 
        bodies of water of the United States.
            ``(3) Application for permit.--
                    ``(A) Components.--
                            ``(i) In general.--To be eligible to 
                        receive a permit under this subsection, the 
                        remediating party shall submit to the 
                        permitting agent an application that includes a 
                        remediation plan that--
                                    ``(I) identifies--
                                            ``(aa) the remediating 
                                        party;
                                            ``(bb) any agents or 
                                        contractors of the remediating 
                                        party; and
                                            ``(cc) any persons 
                                        cooperating with the 
                                        remediating party with respect 
                                        to the remediation plan;
                                    ``(II) describes the reasonable 
                                efforts of the remediating party to 
                                identify current owners, lessees, and 
                                claimants of the abandoned or inactive 
                                mine land addressed by the remediation 
                                plan;
                                    ``(III) certifies that the 
                                remediating party qualifies as a 
                                remediating party under paragraph 
                                (1)(D);
                                    ``(IV) identifies that the site 
                                addressed by the plan is--
                                            ``(aa) abandoned or 
                                        inactive mine land; and
                                            ``(bb) eligible for a 
                                        permit under this Act;
                                    ``(V) identifies the bodies of 
                                water of the United States affected by 
                                the abandoned or inactive mine land;
                                    ``(VI) describes the baseline 
                                condition of the bodies of water 
                                identified under subclause (V), in 
                                accordance with requirements 
                                established by the permitting 
                                authority, as of the date of the permit 
                                application (including any conditions 
                                that make numeric monitoring of a 
                                baseline preexisting discharge 
                                physically or economically infeasible);
                                    ``(VII) describes the physical 
                                conditions at the site that are causing 
                                or believed to be causing adverse water 
                                quality impacts;
                                    ``(VIII) describes the goals and 
                                objectives of remediation, including 
                                the pollutant or pollutants to be 
                                addressed by the remediation plan;
                                    ``(IX)(aa) describes the practices 
                                that are proposed to reduce, control, 
                                mitigate, or eliminate the impacts of 
                                adverse water quality, including the 
                                preliminary system design and 
                                construction, operation, and 
                                maintenance plans; and
                                    ``(bb) includes a schedule and 
                                estimated completion date of the 
                                practices;
                                    ``(X) applies site-specific best 
                                available technology, using best 
                                professional judgment, to explain how 
                                the practices described in subclause 
                                (IX) are expected to improve the 
                                quality of the bodies of water 
                                identified under subclause (V);
                                    ``(XI) describes--
                                            ``(aa) site-specific 
                                        monitoring or other forms of 
                                        assessment to be used to 
                                        evaluate the success of the 
                                        practices during and after 
                                        implementation of the 
                                        remediation plan in improving 
                                        the quality of the water 
                                        identified under subclause (V); 
                                        and
                                            ``(bb) the duration of the 
                                        monitoring or assessment;
                                    ``(XII)(aa) describes any 
                                extraction, processing, or removal of 
                                minerals for remediation or commercial 
                                sale; and
                                    ``(bb) states that 100 percent of 
                                the net profits generated through the 
                                use or commercial sale of minerals 
                                under item (aa) that will be--
                                            ``(AA) used for future 
                                        remediation; or
                                            ``(BB) deposited in a 
                                        designated remediation fund;
                                    ``(XIII) provides a schedule for 
                                periodic reporting on progress in 
                                implementing the remediation plan; and
                                    ``(XIV)(aa) provides a budget for 
                                the remediation plan; and
                                    ``(bb) identifies any potential 
                                funding sources for carrying out the 
                                remediation plan.
                            ``(ii) Certification by corporation.--
                                    ``(I) In general.--In addition to 
                                the requirements under clause (i), an 
                                application submitted by a corporation 
                                shall include a certification in 
                                accordance with paragraph (1)(D)(ii) 
                                that, based on the knowledge and belief 
                                of the officers and directors of the 
                                corporation, neither the corporation 
                                nor any wholly owned subsidiary of the 
                                corporation is legally responsible for 
                                or in material noncompliance with 
                                section 301(a) or an equivalent State 
                                law for the site proposed to be 
                                remediated.
                                    ``(II) Limitation.--If at any time 
                                the permitting agent determines that 
                                the certification under subclause (I) 
                                is incorrect, the corporation--
                                            ``(aa) shall not be 
                                        entitled to the protection 
                                        under this subsection; and
                                            ``(bb) shall be subject to 
                                        liability under this section or 
                                        section 301, 302, or 402.
                    ``(B) Approval or disapproval of application.--
                            ``(i) In general.--Not later than 120 days 
                        after the date of receipt of an application 
                        under subparagraph (A), the permitting agent 
                        shall approve or disapprove the application.
                            ``(ii) Public participation.--Before 
                        approving or disapproving an application under 
                        clause (i), the permitting agent shall provide 
                        to the public--
                                    ``(I) notice of the application; 
                                and
                                    ``(II) an opportunity for public 
                                comment on the application.
                            ``(iii) Approval.--The permitting agent 
                        shall approve an application under clause (i) 
                        and issue a permit to the remediating party if 
                        the permitting agent determines that--
                                    ``(I) the remediating party has 
                                made a reasonable effort (relative to 
                                the resources available to the 
                                remediating party for the proposed 
                                remediation activity) to identify 
                                persons under subparagraph (A)(i)(II);
                                    ``(II) the implementation of the 
                                remediation plan would improve the 
                                quality of the water identified under 
                                subparagraph (A)(i)(V); and
                                    ``(III) any Indian tribe with 
                                jurisdiction over the abandoned or 
                                inactive mine land subject to the 
                                permit consents to the issuance of the 
                                permit.
                            ``(iv) Action following disapproval.--
                                    ``(I) Revision.--If the permitting 
                                agent disapproves an application under 
                                clause (i), the permitting agent 
                                shall--
                                            ``(aa) notify the applicant 
                                        of the reasons for disapproval; 
                                        and
                                            ``(bb) allow the applicant 
                                        30 days in which to submit a 
                                        revised application.
                                    ``(II) Deadline for revision.--Not 
                                later than 30 days after the date on 
                                which a revision is submitted under 
                                subclause (I)(bb), the permitting agent 
                                shall approve or disapprove the 
                                revision.
            ``(4) Contents of permit.--
                    ``(A) In general.--A permit shall--
                            ``(i) provide for compliance with and 
                        implementation of the remediation plan; and
                            ``(ii) establish a schedule for review by 
                        the permitting agent of compliance with and 
                        implementation of the remediation plan.
                    ``(B) Limitation.--A permit shall not--
                            ``(i) require the remediating party to 
                        comply with any other subsection or section 
                        301, 302, or 402; or
                            ``(ii) except in a case in which the net 
                        profits (as stated under paragraph 
                        (3)(A)(i)(XII)(bb)) generated through such use 
                        or sale of minerals are used for present or 
                        future remediation activities, authorize any 
                        discharge associated with the extraction, 
                        processing, or removal of minerals for 
                        commercial use or sale.
            ``(5) Modification of permit.--
                    ``(A) In general.--Not later than 90 days after the 
                date of receipt of a written request by a permittee to 
                modify a permit, the permitting agent shall approve or 
                disapprove a modification to the permit.
                    ``(B) Approval.--A modification to a permit 
                approved by the permitting agent under this subsection 
                shall--
                            ``(i) be made by agreement of the permittee 
                        and the permitting agent and with the 
                        concurrence of any applicable State or Indian 
                        tribe with jurisdiction over the abandoned or 
                        inactive mine land subject to the permit;
                            ``(ii) be made in accordance with 
                        subparagraphs (2)(B) and (3); and
                            ``(iii) take effect on approval.
            ``(6) Failure to comply.--If a remediating party fails to 
        comply with any term or condition of a permit under this 
        subsection, the failure shall be considered to be a violation 
        subject to enforcement under sections 309 and 505, except in a 
        case in which--
                    ``(A)(i) based on information submitted to the 
                permitting agent by the permittee, the permitting agent 
                determines that the noncompliance was the result of an 
                unanticipated event or condition; and
                    ``(ii) not later than 30 days after the date on 
                which a determination is made under clause (i), the 
                permittee establishes, to the satisfaction of the 
                permitting agent, that the permittee is in compliance 
                with the permit; or
                    ``(B)(i) the permitting agent determines that 
                compliance with the permit is infeasible because of 
                reasons not contemplated at the time at which the 
                permit was issued; and
                    ``(ii) the permitting agent and the permittee 
                modify the permit in accordance with paragraph (5).
            ``(7) Termination of permit.--
                    ``(A) In general.--The permitting agent shall 
                terminate a permit if--
                            ``(i) the remediating party completes the 
                        implementation of the remediation plan;
                            ``(ii) the discharges covered by the permit 
                        become subject to a permit that is issued--
                                    ``(I) under another subsection; and
                                    ``(II) for the extraction, 
                                processing, or removal of minerals for 
                                commercial sale, the net profits of 
                                which shall be used for purposes other 
                                than the purposes described in 
                                paragraph (3)(A)(i)(XII)(bb)--
                                            ``(aa) that is not part of 
                                        the implementation of the 
                                        remediation plan; and
                                            ``(bb) with respect to 
                                        which the remediating party is 
                                        not a participant;
                            ``(iii) an unanticipated event or condition 
                        is encountered that is beyond the control of 
                        the remediating party; or
                            ``(iv) the permitting agent determines that 
                        remediation activities conducted under the 
                        permit have resulted in surface water quality 
                        conditions that are equal to or better than the 
                        baseline condition of the water as of the date 
                        of the permit application.
                    ``(B) 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 subsequent discharges from the 
                abandoned or inactive mine land subject to the permit.
            ``(8) Limitations.--
                    ``(A) In general.--A remediating party issued a 
                permit under this subsection and, for purposes of 
                conducting a preliminary investigation of a site to 
                determine whether to pursue a permit application, a 
                potential applicant for a permit, for a period of not 
                more than 120 days unless otherwise stated by the 
                permitting authority, shall not be considered to be an 
                owner or operator for purposes of--
                            ``(i) this Act;
                            ``(ii) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.); or
                            ``(iii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.).
                    ``(B) Prior violations.--With respect to violations 
                of this section, or sections 301, 302, and 402 that 
                occur before the date on which a permit is issued under 
                this subsection, nothing in this subsection--
                            ``(i) precludes an action under section 309 
                        or 505 for such violations; or
                            ``(ii) affects the relief available under 
                        section 309 or 505.
            ``(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 
        notice and opportunity for public comment, shall promulgate 
        regulations that--
                    ``(A) establish requirements for remediation plans 
                under this subsection; and
                    ``(B) provide guidance for the development of State 
                programs for the issuance and administration of permits 
                under this subsection.
            ``(10) Funding.--A remediating party that implements a 
        remediation plan under a permit issued under this subsection 
        shall be eligible for grants under section 319(h).
            ``(11) Effect.--Nothing in this subsection--
                    ``(A) limits the liability associated with any 
                mining or processing activities in existence before, 
                on, or after the date of enactment of this subsection; 
                or
                    ``(B) affects any obligation of a State or Indian 
                tribe under section 303.''.
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