109 HR 5404 IH: Good Samaritan Clean Watershed U.S. House of Representatives 2006-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5404 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.

1.

Short title

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

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.

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.