[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1266 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1266

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2005

  Mr. Udall of Colorado (for himself and Mr. Salazar) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To facilitate 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 Facilitation Act''.
    (b) Findings.--The Congress finds the following:
            (1) Through various laws and policies, including the Act of 
        May 10, 1872 (commonly known as the General Mining Law of 1872; 
        30 U.S.C. 22 et seq.), the Federal Government has encouraged 
        the development of gold, silver, and other mineral resources, 
        especially in the western States, 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 or abandoned at the end of each cycle.
            (3) As a result of this history, the United States has been 
        left an unwelcome legacy of inactive or abandoned mines, 
        including thousands of such mines in the western States.
            (4) Many of these inactive or abandoned mines pose safety 
        hazards to the public, and the drainage and runoff from such 
        mines has damaged thousands of stream miles to the detriment of 
        water quality, particularly in several western States.
            (5) The environmental cleanup of these inactive or 
        abandoned mines is hampered by the fact that in many cases, a 
        responsible party for the mine site cannot be identified or 
        lacks the economic resources to respond to the adverse 
        environmental effects of a site, while 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 the site.
            (6) It is in the national interest to facilitate the 
        cleanup of inactive or abandoned mines through appropriate 
        legislation that reduces this obstacle.
    (c) Purpose.--The purpose of this Act is to facilitate cleanup of 
inactive and abandoned mine sites 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.

SEC. 2. 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:
    ``(r) Abandoned or Inactive Mined Land Waste Remediation Permits.--
            ``(1) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(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 this section 
                        and sections 301 and 302.
                    ``(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.
                    ``(D) Cooperating party.--The term `cooperating 
                party' means any person or entity, including the 
                Federal Government with respect to abandoned or 
                inactive mined land located on non-Federal land, that 
                implements the practices described in paragraph 
                (3)(B)(viii).
            ``(2) Permits.--
                    ``(A) In general.--The Administrator, with the 
                concurrence of the State in which an abandoned or 
                inactive mine remediation project is proposed or the 
                Indian tribe which owns or has jurisdiction over the 
                land on which a remediation project is proposed, 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 may delegate 
                the authority for issuance of abandoned or inactive 
                mined land waste reclamation permits for discharges 
                associated with remediation activities at any eligible 
                area under this subsection to a State that is 
                exercising delegated authority under this section.
            ``(3) 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 cooperating 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 at the time of the permit 
                        application (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 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 worse than 
                        the baseline water condition as described 
                        pursuant to clause (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 worse than the baseline water 
                        quality as determined under clause (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 worse than the baseline 
                        water quality as determined under clause (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) demonstrates that there is a 
                        covenant obligating future landowners to 
                        operate and maintain the property so that all 
                        environmental benefits of the project 
                        authorized by the permit will be fully 
                        realized;
                            ``(xvi) contains any other additional 
                        information requested by the Administrator to 
                        clarify the plan and the activities covered by 
                        the plan; and
                            ``(xvii) is signed by the applicant.
                    ``(C) Review of application.--
                            ``(i) The Administrator or the delegated 
                        State 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 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 or the 
                        delegated State determines that an application 
                        does not meet the requirements of subparagraph 
                        (B), the Administrator or the delegated State 
                        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 or the 
                        delegated State determines that an application 
                        meets the requirements of subparagraph (B), the 
                        Administrator or the delegated State 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 or the delegated State 
                        determines would facilitate implementation of 
                        this subsection, the Administrator or the 
                        delegated State may issue an abandoned or 
                        inactive mined land waste remediation permit to 
                        the applicant if the Administrator or the 
                        delegated State 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, except a permit can be 
                                issued on Federal land where the only 
                                identifiable owner or operator is the 
                                Federal Government; 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 
                                worse than the baseline water condition 
                                as described pursuant to subparagraph 
                                (B)(iv), taking into consideration the 
                                resources available to the remediating 
                                party for the proposed remediation 
                                activity.
                            ``(ii) If the Administrator or the 
                        delegated State 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 or the delegated State shall 
                        approve or disapprove a modification of a 
                        permit.
                            ``(ii) A permit modification approved by 
                        the Administrator or the delegated State under 
                        this subsection shall be--
                                    ``(I) by agreement of the permittee 
                                and the Administrator or the delegated 
                                State;
                                    ``(II) after providing the public 
                                notice of, and opportunity for comment 
                                and a hearing on, a proposed 
                                modification of a permit;
                                    ``(III) in accordance with the 
                                standards in subparagraph (D)(i)(III); 
                                and
                                    ``(IV) 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 or the delegated 
                        State and any additional requirements that the 
                        Administrator or the delegated State 
                        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 or the delegated 
                State, of compliance with the conditions and 
                limitations of the permit. The Administration or the 
                delegated State 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 
                applicable provisions of this subsection and other 
                subsections of this section and with sections 301 or 
                302 to the maximum extent practicable in a manner 
                specified in the permit.
            ``(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 subject to enforcement pursuant to 
        sections 309 and 505 of this Act.
            ``(6) Termination.--
                    ``(A) In general.--The Administrator or the 
                delegated State 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, and 
                                any party cooperating with the 
                                remediating party with respect to the 
                                plan, is not a participant in the 
                                development.
                    ``(B) Unforeseen condition.--The Administrator or 
                the delegated State shall terminate a permit if--
                            ``(i) an event or condition is encountered 
                        that was not contemplated or designed for by 
                        the remediation plan and is beyond the control 
                        of the remediating party; and
                            ``(ii) the Administrator or the delegated 
                        State determines that remediation activities 
                        under the permit have resulted in surface water 
                        quality conditions, taken as a whole and with 
                        reference to the designated uses of the waters, 
                        that are not worse than the baseline water 
                        condition as described pursuant to paragraph 
                        (3)(B)(iv).
                    ``(C) No enforcement liability.--
                            ``(i) Subject to clause (ii), if a permit 
                        is terminated under subparagraph (A) or (B), 
                        the remediating party, or a cooperating party 
                        with respect to the 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.
                            ``(ii) This subparagraph does not limit any 
                        liability of any person, other than the 
                        remediating party or a cooperating party.
            ``(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), 
                including development by a remediating party or any 
                cooperating party with respect to the plan, not 
                specifically described in a permit issued by the 
                Administrator or the delegated State 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.
                    ``(E) Recoverable value.--A remediating party may 
                sell or use 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 
                sites used for mining hardrock minerals.
                    ``(F) State certification.--In so far as this 
                subsection may relate to water quality standards, 
                section 401 certification shall not apply to permits 
                under this section; except that, in any case in which 
                section 401 certification would otherwise be required, 
                no permit shall be issued under this subsection without 
                the concurrence of the State in which the discharge is 
                located.
            ``(8) Liability of other parties.--Nothing in this 
        subsection, including any result caused by any action taken by 
        the remediating party or a cooperating party, limits the 
        liability of any person other than the remediating party or a 
        cooperating party, under this Act or any other law.
            ``(9) Regulations.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not later than 1 year after the date 
                of enactment of this subsection, the Administrator, in 
                consultation with Secretary of the Interior and the 
                Secretary of Agriculture and 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--
                            ``(i) remediation plans described in 
                        paragraph (3)(B); and
                            ``(ii) as considered to be necessary by the 
                        Administrator, other paragraphs of this 
                        subsection.
                    ``(B) Specific requirements before promulgation of 
                regulations.--Before promulgation of regulation 
                pursuant to subparagraph (A), the Administrator may 
                establish, on a case-by-case basis, after notice and 
                opportunity for public comment, specific requirements 
                that the Administrator determines would facilitate 
                implementation of this subsection in an individual 
                permit issued to the remediating party.
            ``(10) Funding.--
                    ``(A) Eligibility for section 319 grants.--
                Implementation of a remediation plan under a permit 
                issued under this subsection shall be eligible for 
                grants under section 319(h).
                    ``(B) Other grant for implementation of remediation 
                plans.--Subject to the availability of appropriated 
                funds, the Administrator also may make a grant, without 
                regard to any requirements in section 319(h) concerning 
                the availability of State or other matching funds, to 
                any remediating party for implementation of a 
                remediation plan under a permit issued under this 
                subsection.
            ``(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), at a minimum, shall--
                            ``(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 or the delegated State 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 reclamation of lands and waters--
                            ``(i) located in States that include lands 
                        subject to the general mining laws;
                            ``(ii) that were but are no longer actively 
                        mined for hardrock minerals (and not in 
                        temporary shutdown) as of the date of enactment 
                        of this subsection;
                            ``(iii) that are not identified for 
                        remedial action 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;
                            ``(iv) that are not designated for remedial 
                        action pursuant to the Uranium Mill Tailings 
                        Radiation Control Act of 1978 (42 U.S.C. 7901 
                        et seq.); and
                            ``(v) for which no evidence exists that the 
                        lands contain minerals which could economically 
                        be extracted through the mining, reprocessing, 
                        or remining of such lands.
                    ``(B) Definitions.--In this paragraph, the 
                following definitions apply:
                            ``(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 et seq.).
                                    ``(II) The Geothermal Steam Act of 
                                1970 (30 U.S.C. 100 et seq.).
                                    ``(III) The Act of July 31, 1947, 
                                commonly known as the Materials Act of 
                                1947 (30 U.S.C. 601 et seq.).
                                    ``(IV) The Mineral Leasing Act for 
                                Acquired Lands (30 U.S.C. 351 et seq.).
                            ``(ii) The term `general mining laws' means 
                        those provisions of law that generally comprise 
                        chapters 2, 12A, and 16 and sections 161 and 
                        162 of title 30, United States Code.''.
                                 <all>