[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5404 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5404

 To authorize the Administrator of the Environmental Protection Agency 
to advance cooperative conservation efforts, to reduce barriers to the 
   formation and use of partnerships to enable Federal environmental 
stewardship agencies to meet the conservation goals and obligations of 
 the agencies, to promote remediation of inactive and abandoned mines, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2006

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

_______________________________________________________________________

                                 A BILL


 
 To authorize the Administrator of the Environmental Protection Agency 
to advance cooperative conservation efforts, to reduce barriers to the 
   formation and use of partnerships to enable Federal environmental 
stewardship agencies to meet the conservation goals and obligations of 
 the agencies, to promote remediation of inactive and abandoned 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.

    This Act may be cited as the ``Good Samaritan Clean Watershed 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) advancing cooperative conservation requires greater use 
        of restoration, enhancement, and other management actions and 
        effective use of regulatory protections;
            (2) to achieve the objectives described in paragraph (1), 
        the Federal Government must tap the ingenuity, imagination, and 
        innovative spirit of citizens at the local level;
            (3) to carry out paragraph (2), it is necessary to engage 
        the collaborative participation of citizens, nongovernmental 
        organizations, and governmental agencies in conservation and 
        environmental stewardship actions and decisions;
            (4) cooperative conservation yields measurable benefits to 
        the environment and natural resources, emphasizes collaborative 
        problem solving and alternatives to traditional forms of 
        dispute resolution, and respects property rights, contracts, 
        compacts, and other legally-recognized interests in land and 
        other natural resources;
            (5) it is the intent of Congress to recognize the 
        importance of enhancing means available to citizens, 
        landowners, non-governmental entities, States, tribes, and 
        Federal agencies to achieve improvements to the environment and 
        natural resources through cooperative conservation;
            (6) environmental progress can be accelerated through 
        cooperative conservation, which encourages citizens and 
        government at all levels to achieve environmental results 
        through cooperation over confrontation;
            (7) historic hardrock mining practices in the United Sates 
        occurred under a wide variety of Federal and State laws, 
        policies, and actions;
            (8) mining operations produce metals and minerals with 
        important social benefits and values;
            (9) many areas in which historic mining took place in the 
        United States are now inactive and abandoned mine sites;
            (10) many of those mine sites have polluted the environment 
        for well over a century and will continue to do so indefinitely 
        unless remediated;
            (11) unabated discharges from inactive and abandoned mines 
        will continue to pollute surface water, groundwater, and soils;
            (12) many of the streams and waterbodies impacted by acid 
        mine drainage are important resources for fish and wildlife, 
        recreation, drinking water, agriculture, and other public 
        purposes;
            (13) many of the individuals, corporate owners, and 
        operators of those mines, which caused that pollution, are no 
        longer alive or in existence;
            (14) many States, Indian tribes, conservation groups, 
        corporations, and communities are willing to voluntarily 
        remediate historic mine sites for the public good as Good 
        Samaritans, even though they are not legally required to do so;
            (15) the potential environmental liabilities that may 
        result from the remediation continue to dissuade Good 
        Samaritans from acting for the public good;
            (16) it is in the interest of the United States, the 
        States, Indian tribes, and local communities that historic mine 
        sites are remediated so that environmental impacts of the sites 
        are lessened; and
            (17) if appropriate legal protections are provided, Good 
        Samaritans will have a greater incentive to remediate those 
        sites for the public good.
    (b) Purposes.--The purposes of this Act are--
            (1) to restore watersheds and improve water quality 
        impacted by historic mine sites;
            (2) to encourage partial or complete remediation of 
        inactive and abandoned mining sites for the public good by 
        persons who are not otherwise legally responsible for the 
        remediation;
            (3) to provide appropriate legal protections for Good 
        Samaritans under applicable environmental laws for work 
        performed under this Act;
            (4) to ensure that remediation performed by Good Samaritans 
        creates environmental benefits;
            (5) to further innovation and cooperation among government, 
        private individuals, and corporations to accelerate 
        conservation and environmental restoration;
            (6) to create an efficient process under which the cost and 
        complexity of obtaining a permit are commensurate with the 
        scope of remediation work to be completed, recognizing the 
        environmental and social benefits to be realized; and
            (7) to ensure that the protections for Good Samaritans 
        provided in this Act are interpreted in accordance with the 
        purposes of this Act and to enhance the public good.

SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES BY GOOD SAMARITANS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Cooperating person.--The term ``cooperating person'' 
        means any person (other than a Federal agency) that--
                    (A) meets the definition of Good Samaritan;
                    (B) assists a Good Samaritan in the remediation of 
                an inactive or abandoned mine site; and
                    (C) is identified in a permit issued pursuant to 
                this Act.
            (3) Cooperative conservation.--The term ``cooperative 
        conservation'' mean any action that--
                    (A) relates to the use, enhancement, and enjoyment 
                of natural resources or the protection of the 
                environment, or both; and
                    (B) involves collaborative activity among 2 or more 
                entities or individuals, including--
                            (i) Federal, State, local, and tribal 
                        governments;
                            (ii) private for-profit and nonprofit 
                        institutions;
                            (iii) other nongovernmental entities; and
                            (iv) individuals.
            (4) Environmental laws.--The term ``environmental laws'' 
        means--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (B) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.).
            (5) Federal land management agency.--The term ``Federal 
        land management agency'' means any agency of the Federal 
        Government authorized by statute to exercise jurisdiction, 
        custody, or control over lands of the United States.
            (6) Financial resources.--The term ``financial resources'' 
        means any financial condition or instrument, including money, 
        insurance, a guarantee, a surety bond, a letter of credit, a 
        qualification as a self-insurer, or any condition or instrument 
        as the Administrator determines to be appropriate.
            (7) Good samaritan.--Subject to subparagraph (B), the term 
        ``Good Samaritan'' means a person that, with respect to an 
        inactive or abandoned mine site--
                    (A) did not participate in any way in the creation 
                of or activities causing the historic mine residue at 
                the inactive or abandoned mine site; and
                    (B) is not liable or responsible under any Federal, 
                State or tribal law for the remediation of the historic 
                mine residue. A person who has an ownership interest in 
                an inactive or abandoned mine site, or who had such an 
                interest at any time during or since the creation of 
                the historic mine residue at such site, is not eligible 
                to act as a Good Samaritan at such site.
            (8) Inactive or abandoned mine site.--The term ``inactive 
        or abandoned mine site'' means any mine site, including any 
        mill or processing site, that is not owned by any person who 
        caused or contributed to the historic mine residue or any 
        successor in interest to such a person and that--
                    (A) was used for the production of a mineral-
                bearing ore other than coal;
                    (B) has historic mine residue, which may include, 
                among other materials from prior mining activities--
                            (i) tailings or mine waste piles;
                            (ii) abandoned equipment (or materials in 
                        equipment); or
                            (iii) acidic or otherwise polluted flows in 
                        surface or ground water;
                    (C) is no longer in operation and is not subject to 
                a temporary shutdown as of the effective date of this 
                Act; and
                    (D) has no identifiable liable persons under 
                Federal, State, or tribal law (excluding the owner of 
                the mine site who did not cause or contribute to the 
                historic mine residue), based on an inquiry that is 
                reasonable under the circumstances.
            (9) Indian country.--The term ``Indian country'' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.
            (10) Indian tribe.--The term ``Indian tribe'' means any 
        Indian tribe, band, group, or community recognized by the 
        Secretary of the Interior and exercising governmental authority 
        over land within the limits of any Indian reservation under the 
        jurisdiction of the Federal Government, notwithstanding the 
        issuance of any patent, and including rights-of way running 
        through the reservation.
            (11) Permitting authority.--The term ``permitting 
        authority'' means the Administrator or, in the case of a State 
        or tribal program authorized by the Administrator, the head of 
        such program.
            (12) Person.--The term ``person'' includes--
                    (A) an individual;
                    (B) a firm;
                    (C) a corporation;
                    (D) an association;
                    (E) a partnership;
                    (F) a consortium;
                    (G) a joint venture;
                    (H) a commercial entity;
                    (I) a nonprofit organization;
                    (J) the Federal Government;
                    (K) a State;
                    (L) a political subdivision of a State;
                    (M) an Indian tribe;
                    (N) an interstate entity; and
                    (O) a commission.
            (13) Public trustee for natural resources.--The term 
        ``public trustee for natural resources'' means any public 
        entity designated by the President in the National Contingency 
        Plan published under section 105 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9605), to act on behalf of the public as trustee for 
        natural resources.
            (14) Remediation.--The term ``remediation'' means the 
        cleanup of historic mine residue at an inactive or abandoned 
        mine site and shall not be construed to have the meaning set 
        forth for that term under any other environmental statute or 
        program.
            (15) State.--The term ``State'' means any of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the United 
        States Virgin Islands, the Commonwealth of the Northern 
        Marianas, and any other territory or possession over which the 
        United States has jurisdiction.
    (b) Permits.--The Administrator, or a State or Indian tribe with an 
approved remediation program under subsection (e), may issue a permit 
to a Good Samaritan to carry out a project to remediate all or part of 
an inactive or abandoned mine site in accordance with the requirements 
of this section.
    (c) Eligibility for Permits.--To be eligible for a permit to carry 
out a project to remediate an inactive or abandoned mine site in a 
State or area of Indian country under this section--
            (1) the mine site shall be located in the United States;
            (2) the purpose of the project shall be to mitigate the 
        effects of historic mine residue to improve the environment;
            (3) the mine site may not be a mine site included on the 
        National Priorities List developed by the President in 
        accordance with section 105(a)(8)(B) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9605(a)(8)(B)) or a site at which the Environmental 
        Protection Agency or another Federal, State, or tribal agency 
        is investigating, planning to conduct, or is taking an 
        environmental enforcement or response action, except where the 
        Permitting Authority determines, on a case-by-case basis, and 
        after consultation with any other interested agency, that--
                    (A) the proposed remediation project at the listed 
                mine site is not inconsistent with and will not 
                otherwise interfere with any other planned remediation 
                at the mine site that is reasonably likely to occur; 
                and
                    (B) the remediation project proposed by the Good 
                Samaritan at the mine site will accelerate 
                environmental improvements;
            (4) the permit shall authorize activities to remediate 
        historic mine residue at the inactive or abandoned mine site or 
        to mitigate the impacts of the historic mine residue outside of 
        the mine site; and
            (5) the person obtaining the permit shall be a Good 
        Samaritan.
    (d) Other Activities.--Any activities not described in the permit 
application and those activities not directly relating to the 
remediation of historic mine residue at or from the site shall not be 
authorized under a permit under this section. No new mining shall be 
authorized under this section.
    (e) State or Tribal Remediation Program.--
            (1) In general.--Before a permit may be issued by a State 
        or Indian tribe to carry out a project under this Act, the 
        State or Indian tribe shall have in effect a voluntary Good 
        Samaritan permit program approved by the Administrator. The 
        Governor of any State or the head of an Indian tribe's 
        governing body may submit to the Administrator an application 
        to administer a Good Samaritan permit program for activities 
        within its jurisdiction at any time. An application under this 
        section shall include a full and complete description of the 
        permit program it proposes to administer under State or tribal 
        law. The application must also include a statement from the 
        State attorney general or, for an Indian tribe, the equivalent 
        official authorized to represent the tribe in court pertaining 
        to the Good Samaritan permit program application that the laws 
        of the State or Indian tribe provide adequate authority to 
        carry out the described program. The Administrator shall 
        approve such application within 120 days unless he or she 
        determines that the requirements for a Good Samaritan permit 
        program are not met.
            (2) Requirements.--To meet the requirements of this 
        subsection, under the State or tribal Good Samaritan permit 
        program, a State (or Indian tribe) shall--
                    (A) agree to participate in each project for which 
                a State (or tribal) permit for remediation in the State 
                or relevant area of Indian country is issued under this 
                section;
                    (B) designate a lead State (or tribal) agency that 
                is responsible for carrying out permitting 
                responsibilities of the State (or Indian tribe) under 
                this section;
                    (C) provide an opportunity for judicial review in 
                State Court (or the body that exercises judicial 
                functions of an Indian tribe) of the final approval or 
                denial of permits by the State (or Indian tribe) that 
                is sufficient to provide for, encourage, and assist 
                public participation in the permitting process; and
                    (D) possess legal authority to implement a Good 
                Samaritan permit program with program elements 
                consistent with those described in this Act, including 
                State (or tribal) enforcement authorities analogous to 
                those in subsection (p). A State's (or Indian tribe's) 
                Good Samaritan permit program shall be administered in 
                conformance with the requirements and procedures in 
                this Act, including any regulations promulgated under 
                subsection (t), except that a State (or Indian tribe) 
                is not precluded from omitting or modifying any program 
                element to impose more stringent requirements.
    (f) Application for a Permit.--To obtain a permit to carry out a 
project to remediate an inactive or abandoned mine site under this 
section, an applicant shall submit to the Permitting Authority an 
application, signed by the applicant, that provides--
            (1) a description of the project site (including the 
        boundaries of the project site and degraded waters);
            (2) an identification of--
                    (A) any current owner or operator of the mine site;
                    (B) any person with a legal right to exclude other 
                persons from the mine site or affect activities on the 
                mine site, with a description of those legal rights; 
                and
                    (C) for sites on federally managed lands, the 
                Federal land management agency;
            (3) evidence satisfactory to the Permitting Authority that 
        the applicant has acquired or is contractually authorized to 
        acquire all legal rights necessary to enter the mine site and 
        to perform the remediation described in the application;
            (4) evidence satisfactory to the Permitting Authority that 
        it will have access to the mine site to oversee the 
        remediation;
            (5) a description, based on the conduct of an inquiry that 
        is reasonable under the circumstances, of--
                    (A) all persons that may be legally responsible for 
                the remediation of the mine site; and
                    (B) any relationship between those persons and the 
                applicant;
            (6) a certification that--
                    (A) the applicant knows of no other person that (as 
                of the date of submission of the application) is 
                potentially legally responsible for the remediation of 
                the mine site (excluding the owner of the mine site who 
                did not cause or contribute to the historic mine 
                residue); and
                    (B) the applicant meets the definition of a Good 
                Samaritan under this Act;
            (7) a description of any contractual ties or other legal 
        relationship between the applicant and all persons with 
        responsibility for compliance with any environmental laws at 
        the mine and all sources of revenues for the proposed 
        remediation;
            (8) a description of the historic mine residue to be 
        remediated;
            (9) a general description of the baseline conditions 
        (meaning conditions as of the date of submission of the 
        application) of the environment affected by the historic mine 
        residue to be remediated, including, if available, any sampling 
        data or information regarding the extent of contamination;
            (10) a description of--
                    (A) the nature and scope of the proposed 
                remediation, including any proposed recycling or 
                incidental reprocessing of historic mine residue at the 
                site and how it relates to the remediation;
                    (B) engineering plans for the project; and
                    (C) the remediation alternatives, if any, 
                considered in developing the proposed remediation plan;
            (11) a description of the manner in which the remediation 
        will mitigate the drainage from the mine site to improve water 
        quality;
            (12) a schedule for the work to be carried out under the 
        project, including an end date by which the applicant plans to 
        complete the work;
            (13) a budget for the work to be carried out under the 
        project;
            (14) evidence satisfactory to the Permitting Authority that 
        the permittee has sufficient financial resources to ensure that 
        the permitted work, including any operation and maintenance, if 
        any, will be completed;
            (15) a description of a monitoring program following 
        remediation, if any, that will be implemented to evaluate the 
        effects of the remediation on the environment;
            (16) a plan for the operation and maintenance, if any, of 
        any remediation;
            (17) a description of how any hazardous waste listed or 
        identified under the Solid Waste Disposal Act (42 U.S.C. 6901 
        et seq.) at the site will be disposed of;
            (18) a description of institutional controls, if any, that 
        will be instituted for the site;
            (19) a description of the capacity (including technical and 
        administrative) of the permittee to carry out the terms of the 
        permit and the remediation plan;
            (20) a description of the history of environmental 
        compliance of the permittee, including any noncompliance for a 
        period of time not less than 5 years prior to the application; 
        and
            (21) an identification of any cooperating persons and 
        description of activities by such persons.
    (g) Permit Issuance.--
            (1) In general.--The Permitting Authority may issue a 
        permit under this section to carry out a project for the 
        remediation of an inactive or abandoned mine site eligible for 
        a permit under this Act in a State or area of Indian country 
        only if--
                    (A) the Permitting Authority determines that--
                            (i) the project will result in improvement 
                        to the environment, including water quality, in 
                        the area of, or downstream from, the mine site;
                            (ii) the permit applicant will minimize any 
                        short-term environmental impacts from the 
                        remediation, to the maximum extent practicable;
                            (iii) the permit applicant has provided 
                        adequate evidence of financial resources that 
                        will allow the applicant to complete the 
                        permitted work; and
                            (iv) the project meets the requirements of 
                        this section; and
                    (B) any Federal, State, and tribal land management 
                agency with jurisdiction over inactive or abandoned 
                mine sites to be subject to the proposed permit or 
                public trustee for natural resources affected by 
                historic mine residue associated with such mine site 
                does not object to the issuance of the permit.
            (2) Construction of the national environmental policy act 
        of 1969.--No action of the Administrator taken pursuant to this 
        section shall be required to comply with section 102 of the 
        National Environmental Policy Act (42 U.S.C. 4332).
            (3) Deadline.--
                    (A) In general.--The Permitting Authority shall 
                issue or deny a permit for the remediation of a mine 
                site not later than--
                            (i) the date that is 180 days after the 
                        date of receipt by the Permitting Authority of 
                        an application for the permit that, as 
                        determined by the Permitting Authority, is 
                        complete; or
                            (ii) such later date as may be determined 
                        by the Permitting Authority with the agreement 
                        of the applicant.
                    (B) Constructive denial.--If the Permitting 
                Authority fails to issue or deny the permit in 
                accordance with subparagraph (A), the application shall 
                be considered to be denied by the Permitting Authority.
    (h) Effect of a Permit.--
            (1) In general.--A permit issued under this section to 
        carry out a project for the remediation of an inactive or 
        abandoned mine site--
                    (A) authorizes the permittee to carry out the 
                activities described in the permit;
                    (B) authorizes enforcement under this section;
                    (C) provides that the permittee (and any 
                cooperating persons), in carrying out the activities 
                undertaken pursuant to the permit, shall be deemed in 
                compliance with environmental laws, and shall not be 
                liable under such laws for the activities undertaken 
                pursuant to the permit, subject to the exception of the 
                emergency authorities outlined in subsection (r)(1); 
                and
                    (D) precludes imposition of any costs or damages 
                under environmental laws on the permittee (and any 
                cooperating persons) related in any way to the 
                activities undertaken pursuant to the permit, except 
                where the permittee's (and any cooperating person's) 
                actions exacerbate the pollution from historic residue 
                as a result of gross negligence or intentional 
                misconduct. For the purpose of this subsection, 
                reckless, willful, or wanton conduct shall constitute 
                gross negligence.
            (2) Limitation of liability.--The liability protection 
        afforded under this subsection--
                    (A) shall apply only to activities undertaken 
                pursuant to a permit issued under this Act; and
                    (B) shall be null and void ab initio and without 
                effect if information supplied to the Permitting 
                Authority is subsequently determined to contain a 
                dishonest, fraudulent, or materially misleading 
                statement or omission.
            (3) Compliance.--A permittee shall comply with the terms 
        and conditions of a permit issued under this section.
    (i) Permit Conditions.--
            (1) In general.--A permit issued under this section shall 
        contain--
                    (A) a description of the engineering and other work 
                that is authorized under the permit;
                    (B) a provision that states that the permittee is 
                responsible for securing, for all activities authorized 
                under the permit, all authorizations, licenses, and 
                permits that are required under applicable law 
                (excluding environmental laws);
                    (C) the duration of the permit and procedures for 
                reissuing and renewing the permit;
                    (D) a schedule for the work to be carried out under 
                the project, including an end date by which the 
                applicant plans to complete the work;
                    (E) a right of entry to the premises for the 
                Permitting Authority to inspect and collect such 
                information as reasonably necessary to carry out the 
                purposes of this Act;
                    (F) a requirement for permittee to establish and 
                maintain records, conduct monitoring (if the Permitting 
                Authority determines that any such monitoring is 
                appropriate), and provide such other information as may 
                be reasonably necessary to ensure the project will 
                result in improvement to the environment including 
                water quality;
                    (G) a description of the engineering and other work 
                to be performed by each cooperating person, if any; and
                    (H) any other terms and conditions that are 
                determined to be appropriate by the Permitting 
                Authority.
            (2) Investigative sampling.--
                    (A) In general.--A permit may identify an 
                appropriate program of investigative sampling to be 
                completed prior to remediation, as determined by the 
                Permitting Authority upon application.
                    (B) Option to decline remediation.--In the event 
                that investigative sampling is authorized, the permit 
                may allow the permittee to decline to undertake 
                remediation based upon sampling results.
                    (C) Permit modification.--Based upon sampling 
                results, a permittee may apply for a permit 
                modification using the permit procedures in this Act.
            (3) Timing.--Work authorized under a permit shall--
                    (A) commence not later than the date that is 1 year 
                after the date of issuance of the permit; and
                    (B) continue until completed, with temporary 
                suspensions permitted during adverse weather or other 
                circumstances approved by the Permitting Authority.
            (4) Signature by permittee.--The signature of the permittee 
        on the permit shall be considered to be an acknowledgment by 
        the permittee that the permittee accepts the terms and 
        conditions of the permit.
            (5) Transfer of permits.--A permit may be transferred to 
        another person only if--
                    (A) the Permitting Authority determines that the 
                transferee will satisfy all of the requirements of the 
                permit;
                    (B) the transferee meets all of the requirements of 
                this Act;
                    (C) the transferee signs and accepts all of the 
                requirements of the permit;
                    (D) the Permitting Authority includes in the 
                transferred permit any additional or modified 
                conditions determined to be appropriate by the 
                Permitting Authority to meet the goals of this section; 
                and
                    (E) the Federal, State, or tribal land management 
                agency with jurisdiction over the inactive or abandoned 
                mine site to be subject to the permit or public trustee 
                for natural resources affected by historic mine residue 
                associated with such mine site does not object to the 
                transfer.
            (6) Modification or termination of permit.--
                    (A) In general.--The authority to carry out work 
                under a permit issued under this section shall 
                terminate if the work does not commence by the date 
                that is 1 year after the date of issuance of the permit 
                or if the work is discontinued or is not completed by 
                the end date specified in the permit or any other 
                grounds identified by the Permitting Authority, unless 
                the Permitting Authority has allowed an extension 
                through modification, reissuance, or renewal of the 
                permit.
                    (B) Modification, reissuance, or termination of 
                permit.--The Permitting Authority may modify, reissue, 
                or terminate a permit for cause, including 
                misrepresentation or a violation of a permit. Permit 
                modification or reissuance shall be in accordance with 
                the procedures specified in this Act for permit 
                issuance unless otherwise specified in regulations 
                promulgated by the Administrator.
    (j) Role of the Permitting Authority.--In carrying out this 
section, the Permitting Authority shall--
            (1) consult with prospective applicants;
            (2) accept permit applications under this section;
            (3) convene, coordinate, and lead the application review 
        process;
            (4) maintain all records relating to the permit and the 
        permit process;
            (5) provide an opportunity for cooperating persons and the 
        public to participate in the permit process;
            (6) issue permits under this section, when appropriate;
            (7) enforce and otherwise carry out this section; and
            (8) consult with the Federal land management agency and any 
        public trustee for natural resources prior to issuance of the 
        permit for sites on federally managed lands.
    (k) State, Local and Tribal Communities.--If the Permitting 
Authority receives an application for the remediation of a mine site 
under this section, the Permitting Authority shall, as soon as 
practicable, provide notice of the application to--
            (1) any lead State or tribal agency designated under 
        subsection (e)(2)(B) when the Administrator is the Permitting 
        Authority;
            (2) each local government located within a radius of 20 
        miles of the project site; and
            (3) each Federal, State, and tribal agency that the 
        Permitting Authority determines may have an interest in the 
        application.
Such notice shall include a copy of the application.
    (l) Public Notice of Receipt of Applications.--
            (1) Upon receipt of a complete application for the 
        remediation of an inactive or abandoned mine site under this 
        Act, the Permitting Authority shall, not later than 30 days 
        after receipt of an application, provide to the public a notice 
        that includes the application and describes--
                    (A) the location of the mine site;
                    (B) the scope and nature of the proposed 
                remediation; and
                    (C) the name of the Good Samaritan applying for a 
                permit to carry out the proposed remediation.
            (2) Hearing.--
                    (A) In general.--Prior to permit issuance, the 
                Permitting Authority shall hold a public hearing in the 
                vicinity of the mine site to be remediated. The 
                Permitting Authority shall provide the public with 
                notice of the hearing, accompanied by a draft permit, 
                at least 30 days in advance of the hearing.
                    (B) Comments.--The Permitting Authority shall 
                provide the applicant and the public with the 
                opportunity to comment on the draft permit at the 
                public hearing, and provide the public with the 
                opportunity to submit written comments to the 
                Permitting Authority for 30 days following the hearing.
    (m) Monitoring.--
            (1) In general.--The permittee shall take such actions as 
        the Permitting Authority determines are necessary to ensure, 
        where appropriate, baseline, remedial alternative, and post-
        remediation monitoring of the environment.
            (2) Administration.--When selecting the type and frequency 
        of the monitoring requirements to be included in a permit, if 
        any, the Permitting Authority shall--
                    (A) balance the utility of monitored information 
                against the cost of the monitoring, based on the 
                circumstances relating to the remediation; and
                    (B) take into account the scope of the project.
    (n) Information Collection.--Whenever appropriate to determine 
compliance with this Act, the Permitting Authority shall--
            (1) have right of entry to the premises to inspect and 
        collect such information as reasonably necessary to determine 
        compliance; and
            (2) require the permittee to establish and maintain 
        records, conduct monitoring, if the Permitting Authority 
        determines that any monitoring is appropriate, and provide and 
        produce such other information as may be reasonably necessary 
        to ensure the project will result in improvement to the 
        environment.
    (o) Cooperative Activities.--The Permitting Authority may approve 
in a permit the conduct of monitoring or other remediation activities 
by cooperating persons if, as determined by the Permitting Authority, 
the cooperative arrangement will effectively accomplish the purposes of 
this Act.
    (p) Enforcement.--
            (1) Administrative orders.--The Administrator is authorized 
        to enforce any violation of this Act, including any condition 
        or limitation of a permit issued under this Act, with respect 
        to any person by issuing an order to comply with such condition 
        or limitation.
            (2) Civil actions and injunctions.--
                    (A) In general.--The Administrator is authorized to 
                commence a civil action for appropriate relief, 
                including a permanent or temporary injunction, for any 
                violation of this Act, including any condition or 
                limitation of a permit issued under this Act, for which 
                he is authorized to issue a compliance order under this 
                section. Any action under this subsection may be 
                brought in the district court of the United States for 
                the district in which the defendant is located or 
                resides or is doing business, and such court shall have 
                jurisdiction to restrain such violation and to require 
                compliance. Notice of the commencement of such action 
                shall be given immediately to the appropriate State or 
                Indian tribe.
                    (B) Minimum requirement.--In the event of a permit 
                violation, and absent extraordinary circumstances, the 
                court shall, at a minimum, require--
                            (i) the permittee to repair the damage to 
                        any part of the environment that is caused by 
                        an action of the permittee in violation of the 
                        permit to the extent practicable; and
                            (ii) the environment to be restored to the 
                        condition of the environment prior to the 
                        action of the permittee in violation of the 
                        permit to the extent practicable.
            (3) Civil penalty.--Any person who violates this Act shall 
        be subject to a civil penalty of up to $5,000 for each day of 
        the violation (except in cases of willful or wanton conduct, 
        which shall be $32,500 per day per violation).
    (q) Judicial Review.--Review of the Administrator's action in 
issuing or denying any permit under this Act may be had by any 
interested person in the Circuit Court of Appeals of the United States 
for the Federal judicial district in which such person resides or 
transacts business which is directly affected by such action upon 
application by such person. Any such application shall be made within 
120 days from the date of such issuance or denial, or after such date 
only if such application is based solely on grounds which arose after 
such 120th day.
    (r) Savings Provisions.--
            (1) Emergency authority.--Nothing in this section affects 
        the authority of a Federal, State, tribal, or local agency to 
        carry out any emergency authority, including an emergency 
        authority under the environmental laws.
            (2) Liability.--Except to the extent that a permit provides 
        protection under environmental laws, nothing in this section or 
        a permit issued under this section limits the liability of any 
        person (including a permittee) under any other provision of 
        law.
            (3) State and tribal reclamation programs.--No State, 
        Indian tribe, or other Good Samaritan shall be required to 
        obtain a permit pursuant to this Act to remediate an abandoned 
        or inactive mine site when conducting reclamation work under a 
        State or tribal abandoned mine reclamation plan approved under 
        title IV of the Surface Mining Control and Reclamation Act of 
        1977 (30 U.S.C. 1231 et seq.). The liability protection 
        provided under subparagraphs (C) and (D) of subsection (h)(1) 
        shall apply to any persons conducting remediation of an 
        inactive and abandoned mine site pursuant to an approved State 
        or tribal abandoned mine reclamation plan approved under title 
        IV of the Surface Mining Control and Reclamation Act of 1977 
        (30 U.S.C. 1231 et seq.).
    (s) Grants Eligibility.--Remediation projects conducted pursuant to 
this section are eligible for funding pursuant to section 319 of the 
Federal Water Pollution Control Act (33 U.S.C. 1329).
    (t) Regulations.--The Administrator may promulgate such regulations 
as are necessary to carry out this Act.
    (u) Transfer of Permitting Authority.--Not later than 120 days 
after the date on which a State or Indian tribe has submitted an 
application to administer a Good Samaritan permit program, the 
Administrator shall suspend the issuance of permits under this Act for 
remediation activities in that State or relevant area of Indian country 
unless the Administrator determines that the State's or Indian tribe's 
Good Samaritan permit program does not satisfy the requirements of this 
Act. The date upon which the Environmental Protection Agency will 
suspend permitting activity under this subsection may be extended by 
mutual agreement of the State or Indian tribe and the Administrator.
    (v) Notification of Administrator.--
            (1) In general.--Each State or Indian tribe authorized to 
        administer a Good Samaritan permit program shall transmit to 
        the Administrator a copy of each permit application received by 
        such State or tribe and provide notice to the Administrator of 
        every action relating to the consideration of such permit 
        application, including each permit proposed to be issued by 
        such State or Indian tribe.
            (2) Objection to issuance.--No permit shall issue if the 
        Administrator, within 90 days of the date of transmittal of the 
        proposed permit notification, objects in writing to the 
        issuance of such permit as being outside the requirements of 
        this Act. Whenever the Administrator objects to the issuance of 
        a permit under this paragraph, such written objection shall 
        contain a statement of the reasons for such objection.
            (3) Waiver.--The Administrator may, as to any permit 
        application, waive paragraph (2) of this subsection.
            (4) Issuance or denial of permits.--In any case where the 
        Administrator, pursuant to paragraph (2) of this subsection, 
        objects to the issuance of a permit, on request of the State or 
        Indian tribe, a public hearing shall be held by the 
        Administrator on such objection. If the State or Indian tribe 
        does not resubmit such permit revised to meet such objections 
        within 30 days after completion of the hearing, or, if no 
        hearing is requested within 90 days after the date of such 
        objection, the Administrator may issue or deny the permit in 
        accordance with the requirements of this Act.
    (w) Withdrawal of Approval of State or Tribal Program and Return of 
State or Tribal Program to Administrator.--
            (1) In general.--Any State or tribal Good Samaritan permit 
        program approved under this Act shall at all times be 
        administered in accordance with this Act.
            (2) Notification and withdrawal.--Whenever the 
        Administrator determines after public hearing that a State or 
        Indian tribe is not administering a program approved under this 
        Act in accordance with this Act, the Administrator shall so 
        notify the State or Indian tribe and, if appropriate corrective 
        action is not taken within a reasonable time, not to exceed 90 
        days, the Administrator shall withdraw approval of such 
        program. The Administrator shall not withdraw approval of any 
        such program unless the Administrator shall first have notified 
        the State or Indian tribe, and made public, in writing, the 
        reasons for such withdrawal.
    (x) Federal Land Management Agencies.--A Federal land management 
agency that provides authorization for, or participates in, a project 
authorized pursuant to this Act shall not be liable under environmental 
laws for the conduct or actions of a Good Samaritan (or any cooperating 
person).
    (y) Severability.--If any provision of this Act, or the application 
of any provision of this Act to any person or circumstance, is held 
invalid, the application of such provision to other persons or 
circumstances, and the remainder of this Act, shall not be affected 
thereby.
                                 <all>