1.This Act may be cited as the
Cleanup of Inactive and Abandoned
Mines Act
.
2.
(a)Congress
finds that—
(1)the Federal
Government and State governments encouraged hard rock mining in the United
States through a wide variety of laws, policies, and actions;
(2)the mining
activities that took place disturbed public and private land, and those
disturbances led to considerable environmental pollution;
(3)many areas in
which hard rock mining took place in the United States are now inactive and
abandoned mine sites;
(4)many inactive and
abandoned mine sites pollute the environment today and will continue to do so
indefinitely unless remediated;
(5)adits and other
tunnels will continue to drain pollutants to surface and ground water through
gravity flow;
(6)surface runoff
will continue to pick up pollutants as the runoff moves over disturbed ground
and transports pollutants to surface waters;
(7)tailings and other
materials left exposed to the elements will continue to blow in the wind and
pollute the atmosphere and soils;
(8)many of the
individuals and corporate owners and operators of those mines, who caused this
pollution, are no longer alive or in existence;
(9)some of the
remaining owners and operators who remain do not have resources that are
adequate to conduct remediation properly under applicable environmental laws,
for all practical purposes leaving no one responsible for the cleanup of
pollution from those sites;
(10)inactive and
abandoned mine sites are located in areas of known economic
mineralization;
(11)modern mining
activities often take place on or in the vicinity of the area in which historic
hard rock mining activities took place;
(12)from time to
time, individuals and companies are willing to remediate historic mine sites
for the public good as Good Samaritans, despite the fact that these individuals
and companies are not legally required to remediate the mine sites;
(13)Good Samaritan
remediation activities may—
(A)vary in size and
complexity;
(B)reflect the myriad
ways that mine residue may be cleaned up; and
(C)include, among
other activities—
(i)the relocation or
management of tailings or other waste piles;
(ii)passive or active
water treatment;
(iii)runoff or run-on
controls; and
(iv)the use or
reprocessing of, or removal of materials from, mine residue;
(14)the potential
environmental liabilities that may attach to those Good Samaritans as a result
of the remediation can dissuade those Good Samaritans from acting for the
public good;
(15)it is in the
interest of the United States, the States, and local communities to remediate
historic mine sites, in appropriate circumstances and to the maximum extent
practicable, so that the environmental impacts of the sites are lessened into
the future; and
(16)if appropriate
protections are provided for Good Samaritans, Good Samaritans will have a
greater incentive to remediate those sites for the public good.
(b)The
purposes of this Act are—
(1)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;
(2)to provide
appropriate protections for Good Samaritans under applicable environmental
laws;
(3)to ensure that
remediation performed by Good Samaritans creates actual and significant
environmental benefits;
(4)to ensure that
remediation by Good Samaritans is carried out—
(A)with the approval
and agreement, and in the discretion, of affected Federal, State, and local
authorities and with review by the public; and
(B)in a manner that
is beneficial to the environment and all affected communities;
(5)to create an
efficient permit process under which the cost and complexity of obtaining a
permit are commensurate with the scope of remediation work to be completed and
the environmental benefits from the work;
(6)to avoid
permitting for ongoing, for-profit businesses that specialize in multiple Good
Samaritan projects that are designed to be permitted outside otherwise
applicable Federal, State, and local environmental laws; 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)In
this section:
(1)The
term Administrator means the Administrator of the Environmental
Protection Agency.
(2)The term cooperating agency means any
Federal, State, or local agency or other person (other than the Administrator)
that—
(A)is authorized
under Federal or State law, or local ordinance, to participate in issuing a
permit under this section; and
(B)elects to
participate in the process of issuing the permit.
(3)The term environmental law includes—
(A)the
Toxic Substances Control Act
(15 U.S.C.
2601 et seq.);
(B)the
Federal Water Pollution Control Act
(33 U.S.C.
1251 et seq.);
(C)the Safe Drinking
Water Act (42 U.S.C.
300f et seq.);
(D)the
National Environmental Policy Act of
1969 (42
U.S.C. 4321 et seq.);
(E)the
Solid Waste Disposal Act
(42 U.S.C.
6901 et seq.);
(F)the
Clean Air Act (42 U.S.C. 7401 et
seq.);
(G)the Uranium Mill
Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.);
(H)the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.);
(I)applicable
environmental laws of a State; and
(J)applicable
environmental ordinances of a political subdivision of a State.
(4)The term Good Samaritan means a person
that—
(A)is unrelated, by
operation or ownership (except solely through succession to title), to the
historic mine residue to be remediated under this section;
(B)had no role in the
creation of the historic mine residue;
(C)had no significant
role in the environmental pollution caused by the historic mine residue;
and
(D)is not liable
under any Federal, State, or local law for the remediation of the historic mine
residue.
(5)
(A)The term historic mine residue means mine
residue or conditions at an inactive or abandoned mine site that pollute the
environment.
(B)The
term historic mine residue may include, among other
materials—
(i)ores;
(ii)minerals;
(iii)equipment (or
materials in equipment);
(iv)wastes from
extractions, beneficiation, or other processing; and
(v)acidic or
otherwise polluted flows in surface or ground water.
(6)Inactive or
abandoned mine site; mine siteThe terms inactive or
abandoned mine site and mine site mean the site of a mine
and associated facilities that—
(A)were used for the
production of a mineral other than coal;
(B)have historic mine
residue; and
(C)are abandoned or
inactive as of the date on which an application is submitted for a permit under
this section.
(7)The term Indian tribe has the meaning given
the term in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
(8)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 interstate
entity; and
(N)a
commission.
(9)The
term State means—
(A)a State;
and
(B)an Indian
tribe.
(b)The Administrator 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 this section.
(c)
(1)To be eligible for a permit to carry out a project to
remediate an inactive or abandoned mine site in a State under this
section—
(A)the mine site
shall be located in the United States;
(B)the principal
purpose of the project shall be the reduction of pollution caused by historic
mine residue;
(C)the mine site may
not be a mine site included on the national priorities list under section
105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) except in a case in which the
Administrator determines, on a case-by-case basis, that—
(i)the remediation
project proposed to be carried out at the mine site is minor as compared to all
remediation activity needed at the listed mine site;
(ii)the conduct of
the proposed remediation project at the listed mine site will not interfere
with any other remediation at the mine site that is reasonably likely to occur;
and
(iii)except for the
remediation project proposed by the Good Samaritan at the mine site under this
Act, there is not likely to be remediation of the historic mine residue that is
the subject of the project at the listed mine site in the reasonably
foreseeable future;
(D)the permit shall
authorize only those activities that are directly required for the remediation
of historic mine residue at the mine site;
(E)the person
obtaining the permit shall be a Good Samaritan; and
(F)a State
remediation program described in subsection (d) shall be in effect for
remediation of the mine site.
(2)Any activity other than the activities described in
paragraph (1)(D) conducted by the permittee or any other person at the mine
site (including, without limitation, any mining or processing in addition to
that required for the remediation of historic mine residue for the public
good)—
(A)shall not be
authorized under a permit issued under this section; and
(B)may be authorized
under other applicable laws, including environmental laws.
(d)State
remediation program
(1)Before a permit may be issued to carry out a project in a
State under this section, the State shall have in effect a State remediation
program that meets the requirements of this subsection.
(2)To meet the requirements of this subsection, under
the State remediation program, the State shall—
(A)agree to
participate, as a signatory, in each project for a which a permit for
remediation in the State is issued under this section;
(B)agree that a
permittee shall comply with the terms and conditions of the permit in lieu of
compliance with applicable environmental laws specifically described in the
permit in accordance with subsection (h)(1)(B);
(C)authorize State
agencies and political subdivisions of the State to participate in the permit
process under this section, as appropriate, and assist in providing the
resources to enable that participation; and
(D)designate a lead
State agency that is responsible to carry out permitting responsibilities of
the State under this section.
(e)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 Administrator an application, signed by the applicant, that
provides—
(1)a description of
the mine site (including the boundaries of the mine site);
(2)an identification
of—
(A)any current owner
or operator of the mine site; and
(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;
(3)evidence
satisfactory to the Administrator that the applicant has or will acquire all
legal rights necessary to enter the mine site and to perform the remediation
described in the application;
(4)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;
(5)a certification
that the applicant knows of no other person that (as of the date of submission
of the application)—
(A)is potentially
legally responsible for the remediation of the mine site; and
(B)has sufficient
resources to complete the remediation;
(6)a detailed
description of the historic mine residue to be remediated;
(7)a description of
the baseline conditions (as of the date of submission of the application) of
the environment affected by the historic mine residue to be remediated;
(8)a description
of—
(A)the nature and
scope of the proposed remediation; and
(B)detailed
engineering plans for the project;
(9)a description of
the manner in which the remediation will assist the mine site in meeting, to
the maximum extent reasonable and practicable under the circumstances, water
quality standards;
(10)a schedule for
the work to be carried out under the project;
(11)a budget for the
work to be carried out under the project;
(12)a description of
financial assurances, if any, to be provided by the permittee to ensure that
the permitted work, including any operation and maintenance, will be
completed;
(13)a description of
a monitoring program following remediation (if any) that will be implemented to
evaluate the effects of the remediation on the environment;
(14)a detailed plan
for the required operation and maintenance of any remediation; and
(15)a list of all
environmental laws for which the applicant seeks the protection described in
paragraphs (1) and (2) of subsection (g).
(f)
(1)The Administrator may issue a permit under this section
to carry out a project for the remediation of an inactive or abandoned mine
site in a State only if—
(A)the Administrator
determines that—
(i)the project will
improve the environment on or in the area of the mine site to a significant
degree, as determined by the Administrator;
(ii)the project will
not degrade any aspect of the environment in any area to a significant
degree;
(iii)the project will
meet applicable water quality standards, to the maximum extent reasonable and
practicable under the circumstances;
(iv)the permittee has
the financial and other resources to complete, and will complete, the permitted
work; and
(v)the project meets
the requirements of this section;
(B)the State concurs
with the issuance of, and signs, the permit;
(C)if the permit
provides protection for the permittee under an environmental law of a political
subdivision of a State in accordance with paragraphs (1) and (2) of subsection
(g), the political subdivision concurs with the issuance of, and signs, the
permit; and
(D)if the proposed
project is to be carried out on Federal land, each State (or political
subdivision) within which the Federal land is located meets the requirements of
subparagraphs (B) and (C).
(2)The issuance of a permit by the Administrator, and the
concurrence of the affected State and political subdivisions of a State to
participate in the permit process, shall be discretionary actions and shall be
taken in the public interest.
(3)No action of the Administrator or any other person
pursuant to this section shall constitute a major Federal action significantly
affecting the quality of the human environment under the National Environmental
Policy Act (42 U.S.C. 4321 et seq.).
(4)
(A)The Administrator 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 Administrator of an application for
the permit that, as determined by the Administrator, is complete; or
(ii)such later date
as may be determined by the Administrator with the agreement of the
applicant.
(B)If the Administrator fails to issue or deny the permit in
accordance with subparagraph (A), the application shall be considered to be
denied by the Administrator.
(5)Review for
certain projectsA project that, as determined by the
Administrator, would be less complex, or pose less risk, than other projects
under review by the Administrator for a permit under this section, may be
reviewed, at the discretion of the Administrator, under a more simple and rapid
review process under this subsection.
(g)
(1)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; and
(C)provides to the
permittee, in carrying out the activities authorized under the permit,
protection from actions taken, obligations, and liabilities arising under the
environmental laws specified in the permit.
(2)A
permittee shall comply with the terms and conditions of a permit issued under
this section in lieu of compliance with the environmental laws specified in the
permit with respect to the work authorized under the permit.
(h)
(1)A permit issued under this section shall contain—
(A)a detailed
description of the engineering and other work that is authorized under the
permit;
(B)a specific list of
environmental laws, or selected provisions of environmental laws, with respect
to which compliance with the permit will operate in lieu of compliance with the
laws;
(C)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, other than the environmental laws described in
subsection (g)(2); and
(D)any other terms
and conditions that are determined to be appropriate by the
Administrator.
(2)
(A)A permit may identify an appropriate program of
investigative sampling to be completed prior to remediation, as determined by
the Administrator upon application.
(B)Option to
decline remediationIn the event that investigative sampling is
authorized, the permit may allow the permittee to decline to undertake
remediation based upon sampling results.
(C)Based upon sampling results, a permittee may apply
for a permit modification using the permit procedures in this Act.
(3)Work
authorized under a permit shall—
(A)commence not later
than the date that is 18 months after the date of issuance of the permit;
and
(B)continue until
completed, with temporary suspensions permitted during adverse weather or other
conditions specified in the permit.
(4)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)A permit may be transferred to another person only
if—
(A)the Administrator
determines that the transferee will satisfy all of the requirements of the
permit;
(B)the transferee
signs the permit; and
(C)the Administrator
includes in the transferred permit any additional conditions necessary to meet
the goals of this section.
(6)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 18 months after the date of issuance of the permit.
(i)In carrying out this section, the Administrator
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 agencies and the public to participate in the
permit process;
(6)issue the permit
under this section, if appropriate; and
(7)enforce and
otherwise carry out this section.
(j)If the Administrator learns that an application for the
remediation of a mine site under this section will be submitted to the
Administrator, the Administrator shall (as soon as practicable) provide a
notice of the application to—
(1)the lead State
agency designated under subsection (d)(2)(D);
(2)each local
government located within a radius of 20 miles of the mine site; and
(3)each Federal and
State agency that may have an interest in the application.
(k)
(1)Potential
submission of applicationsIf the Administrator learns that an
application for the remediation of a mine site under this section will be
submitted to the Administrator, the Administrator shall (as soon as
practicable) provide to the public a notice that 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 that will be carrying out the proposed remediation.
(2)If the Administrator receives an application for the
remediation of a mine site under this section, the Administrator shall (as soon
as practicable) provide to the public a notice that provides the information
described in paragraph (1).
(3)
(A)Not later than 45 days after the date of receipt of a
complete application for the remediation of a mine site under this section, the
Administrator shall hold a hearing in the vicinity of the mine site to be
remediated.
(B)At
the hearing, the Administrator shall provide the applicant, the public, and
cooperating agencies with the opportunity to comment on the application.
(4)Notice of
pending issuanceNot less than 14 days before the date of
issuance of a permit for the remediation of a mine site under this section, the
Administrator shall provide to the public and each cooperating agency notice of
the pending issuance of the permit.
(5)All records relating to the permit and the permit process
shall be considered to be public records, except to the extent the records are
subject to a legal privilege.
(l)
(1)The permittee shall take such actions as the
Administrator determines are necessary to ensure appropriate baseline and
post-remediation monitoring of the environment under paragraphs (7) and (13) of
subsection (e).
(2)When
selecting the type and frequency of the monitoring requirements to be included
in a permit, if any, the Administrator shall—
(A)balance the need
for 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.
(3)The Administrator may approve in a permit the conduct
of monitoring by multiple parties if, as determined by the Administrator, the
multiparty monitoring will effectively accomplish the goals of this
section.
(m)
(1)Any person who violates a permit issued under this
section shall be subject to a civil penalty of up to $10,000 for each day of
the violation.
(2)
(A)A court may issue an injunction—
(i)mandating that a
person comply with a permit or take action to abate a permit violation;
or
(ii)prohibiting a
person from violating a permit.
(B)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; 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.
(3)Any
government agency that signs a permit issued under this section may enforce the
permit through appropriate administrative or judicial proceedings.
(n)A court may set aside or modify an action of the
Administrator in issuing a permit under this section, or an action of a State
or political subdivision of a State in signing a permit, only on clear and
convincing evidence of an abuse of discretion.
(o)
(1)Nothing in this section affects the authority of a
Federal, State, or local agency to carry out any emergency authority, including
an emergency authority provided under any environmental law listed in a
permit.
(2)Except
to the extent that a permit provides protection under an environmental law
specified in a permit in accordance with subsection (g)(1)(C), 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.
(p)
(1)The Administrator may promulgate such regulations as are
necessary to carry out this section.
(2)This
section shall be effective regardless of whether regulations are promulgated by
the Administrator under paragraph (1).
1.This Act may be cited as the
Cleanup of Inactive and Abandoned
Mines Act
.
2.
(a)Congress
finds that—
(1)the Federal Government
and State governments encouraged hard rock mining in the United States through
a wide variety of laws, policies, and actions;
(2)mining operations produce
metals and minerals with important social benefits and values;
(3)many areas in which
historic mining took place in the United States are now inactive and abandoned
mine sites;
(4)the mining activities
that took place prior to the enactment of modern environmental laws often
disturbed public and private land, and those disturbances lead to environmental
pollution, including the discharge of pollutants to surface water and
groundwater;
(5)many of the individuals
and corporate owners and operators of those mines, the actions of which caused
that pollution, are no longer alive or in existence;
(6)many of those mine sites
have polluted the environment for more than a century and will continue to do
so indefinitely unless remediated;
(7)unabated discharges from
inactive and abandoned mines will continue to pollute surface water,
groundwater, and soils;
(8)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;
(9)because some of the
remaining owners and operators of mine sites do not have resources that are
adequate to conduct remediation properly under applicable environmental laws,
for all practical purposes, no person is responsible for the cleanup of
pollution from those sites;
(10)from time to time,
individuals and companies are willing to remediate historic mine sites for the
public good as Good Samaritans, despite the fact that those individuals and
companies are not legally required to remediate the mine sites;
(11)Good Samaritan
remediation activities may—
(A)vary in size and
complexity;
(B)reflect the myriad
methods in which mine residue may be cleaned up; and
(C)include, among other
activities—
(i)the relocation or
management of tailings or other waste piles;
(ii)passive or active water
treatment;
(iii)runoff or run-on
controls; and
(iv)the use or reprocessing
of, or removal of materials from, mine residue;
(12)the potential
environmental liabilities that may attach to Good Samaritans as a result of the
remediation can dissuade potential Good Samaritans from acting for the public
good;
(13)it is in the interest of
the United States, the States, and local communities to remediate historic mine
sites, in appropriate circumstances and to the maximum extent practicable, so
that detrimental environmental impacts of the sites are lessened in the future;
and
(14)if appropriate
protections are provided for Good Samaritans, Good Samaritans will have a
greater incentive to remediate those sites for the public good.
(b)The
purposes of this Act are—
(1)to encourage partial or
complete remediation of inactive and abandoned mine sites for the public good
by persons that are not otherwise legally responsible for the
remediation;
(2)to provide appropriate
protections for Good Samaritans under applicable environmental laws;
(3)to ensure that
remediation performed by Good Samaritans creates actual and significant
environmental benefits;
(4)to ensure that
remediation by Good Samaritans is carried out—
(A)with the approval and
agreement, and in the discretion, of affected Federal, State, and local
authorities and with review by the public; and
(B)in a manner that is
beneficial to the environment and all affected communities;
(5)to create an efficient
permit process under which the cost and complexity of obtaining a permit are
commensurate with the scope of remediation work to be completed and the
environmental benefits from the work;
(6)to avoid permitting for
ongoing, for-profit businesses that specialize in multiple Good Samaritan
projects that are designed to be permitted outside otherwise applicable
Federal, State, and local environmental laws;
(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;
and
(8)to further innovation and
cooperation among the Federal Government, State governments, private
individuals, and corporations to accelerate conservation and environmental
restoration.
3.Remediation of inactive
or abandoned mines by Good Samaritans
(a)In
this section:
(1)The
term Administrator means the Administrator of the Environmental
Protection Agency.
(2)The term cooperating agency means any
Federal, State, tribal, or local agency or other person (other than the
Administrator) that—
(A)is authorized under
Federal or State law, tribal, or local ordinance, to participate in issuing a
permit under this section; and
(B)elects to participate in
the process of issuing the permit.
(3)The term environmental law includes—
(A)the
Toxic Substances Control Act
(15 U.S.C.
2601 et seq.);
(B)the
Federal Water Pollution Control Act
(33 U.S.C.
1251 et seq.);
(C)the
Solid Waste Disposal Act
(42 U.S.C.
6901 et seq.);
(D)the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.);
(E)applicable environmental
laws of a State or Indian tribe; and
(F)applicable environmental
ordinances of a political subdivision of a State or Indian tribe.
(4)The term Good Samaritan means a person
that, with respect to historic mine residue—
(A)had no role in the
creation of the historic mine residue;
(B)had no role in creating
the environmental pollution caused by the historic mine residue; and
(C)is not liable under any
Federal, State, tribal, or local law for the remediation of the historic mine
residue.
(5)
(A)The term historic mine residue means mine
residue or conditions at an inactive or abandoned mine site that pollute the
environment.
(B)The
term historic mine residue includes, among other materials—
(i)previously mined ores and
minerals that directly contribute to acid mine drainage or other
pollution;
(ii)equipment (or materials
in equipment);
(iii)wastes or materials
from extractions, beneficiation, or other processing; and
(iv)acidic or otherwise
polluted flows in surface water or groundwater.
(6)Inactive or abandoned
mine site; mine siteThe terms inactive or abandoned mine
site and mine site mean the site of a mine and associated
facilities that—
(A)were used for the
production of a mineral other than coal;
(B)have historic mine
residue; and
(C)are abandoned or inactive
as of the date on which an application is submitted for a permit under this
section.
(7)The term Indian tribe has the meaning given
the term in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
(8)The term permitting authority
means—
(A)the Administrator;
or
(B)a State or Indian tribe
with a Good Samaritan program approved under subsection (d).
(9)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 interstate
entity;
(N)a commission; and
(O)an Indian tribe.
(b)The permitting authority 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 this section.
(c)
(1)To be eligible for a permit to carry out a project to
remediate an inactive or abandoned mine site under this section—
(A)the mine site shall be
located in the United States;
(B)the principal purpose of
the project shall be the reduction of pollution caused by historic mine
residue;
(C)the mine site may not be
a mine site included on the national priorities list under section 105(a)(8)(B)
of the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9605(a)(8)(B));
(D)the permit shall
authorize only those activities that are directly required for the remediation
of historic mine residue at the mine site;
(E)the person obtaining the
permit shall be a Good Samaritan; and
(F)a State or tribal program
described in paragraph (1) or (3) of subsection (d) shall be in effect for
remediation of the mine site.
(2)Any activity other than the activities described in
paragraph (1)(D) conducted by the permittee or any other person at the mine
site (including, without limitation, any mining or processing in addition to
that required for the remediation of historic mine residue for the public
good)—
(A)shall not be authorized
under a permit issued under this section; and
(B)may be authorized under
other applicable laws, including environmental laws.
(d)
(1)
(A)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 program approved by the Administrator.
(B)
(i)The Governor of any State, or the head of the governing
body of an Indian tribe, may submit to the Administrator, at any time, an
application to administer a Good Samaritan program for activities under the
jurisdiction of the State or Indian tribe.
(ii)An
application submitted under clause (i) shall include—
(I)a complete and detailed
description of the permit program proposed to be administered under State or
tribal law; and
(II)a statement from the
State attorney general or an equivalent tribal official that the laws of the
State or Indian tribe provide adequate authority to carry out the proposed
program.
(iii)The Administrator shall approve an application
received under clause (i) not later than 120 days after the date of receipt of
the application unless the Administrator determines that the applicable State
or Indian tribe does not meet the requirements described in paragraph
(2).
(2)A State or Indian tribe that seeks to administer a
Good Samaritan program shall—
(A)agree to participate as a
permit signatory in the issuance of permits for each project for which a State
or tribal permit for remediation in the State or relevant area under the
jurisdiction of the Indian tribe 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 by the tribal body that exercises
judicial functions of an Indian tribe, of the final decision by the State or
Indian tribe which approves or denies a permit application under this Act in
accordance with the standard described in subsection (p);
(D)possess legal authority
to implement a Good Samaritan program with program elements consistent with
those described in this Act, including State or tribal enforcement
authorities;
(E)agree to carry out the
program in accordance with this Act (except that a State or Indian tribe shall
not be precluded from omitting or modifying any program element for the purpose
of imposing requirements that are more protective of the environment);
and
(F)provide for and encourage
public participation in the permitting process.
(3)States and Indian
tribes without Good Samaritan programsIn the case of a State or
Indian tribe without a Good Samaritan program approved under subsection (d),
the Administrator shall issue permits for Good Samaritan projects if the State
or Indian tribe—
(A)agrees to participate as
a permit signatory in the issuance of permits for each project for which a
permit for remediation in the State or on that tribal land is issued under this
section;
(B)agrees that a permittee
shall comply with the terms and conditions of the permit in lieu of compliance
with applicable environmental laws specifically described in the permit in
accordance with subsection (h)(1)(B);
(C)authorizes State or
tribal agencies and political subdivisions of the State or Indian tribe to
participate in the permit process under this section, as appropriate, and
assist in providing the resources to enable that participation; and
(D)designates a lead State
or tribal agency that is responsible to carry out permitting responsibilities
of the State or Indian tribe under this section.
(e)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 mine
site (including the boundaries of the mine site);
(2)an identification
of—
(A)any current owner or
operator of the mine site; and
(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;
(3)evidence satisfactory to
the permitting authority that the applicant has or will acquire all legal
rights necessary to enter the mine site and to perform the remediation
described in the application;
(4)a description, based on
the conduct of an inquiry that is reasonable under the circumstances,
of—
(A)prior owners and
operators of the site (including the current location or business operations of
those owners and operators);
(B)the mining activities
that occurred at the site; and
(C)any relationship between
those persons and the applicant;
(5)a certification that the
applicant knows of no other person that (as of the date of submission of the
application)—
(A)is responsible for the
remediation of the mine site; and
(B)has sufficient resources
to complete the remediation;
(6)a detailed description of
the historic mine residue to be remediated;
(7)a description of the
baseline conditions (as of the date of submission of the application) of the
environment affected by the historic mine residue to be remediated;
(8)a description of—
(A)the nature and scope of
the proposed remediation; and
(B)detailed engineering
plans for the project;
(9)a description of the
manner in which the remediation will assist the mine site in meeting, to the
maximum extent reasonable and practicable under the circumstances, water
quality standards;
(10)an identification, based
on an inquiry that is reasonable under the circumstances, of any significant
adverse effects on the environment that could reasonably be likely to occur if
the permittee fails to properly implement the proposed remediation in
accordance with the engineering plans;
(11)a schedule for
the work to be carried out under the project;
(12)a budget for
the work to be carried out under the project;
(13)a description
of financial assurances, if any, to be provided by the permittee to ensure that
the permitted work, including any operation and maintenance, will be
completed;
(14)a description
of a monitoring program following remediation (if any) that will be implemented
to evaluate the effects of the remediation on the environment;
(15)a detailed plan
for the required operation and maintenance of any remediation; and
(16)a list of all
environmental laws for which the applicant seeks the protection described in
paragraphs (1) and (2) of subsection (g).
(f)
(1)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 only if—
(A)the permitting authority
determines that—
(i)the project will improve
the environment on or in the area of the mine site to a significant degree, as
determined by the permitting authority;
(ii)the project will meet
applicable water quality standards, to the maximum extent reasonable and
practicable under the circumstances;
(iii)the permittee has the
financial and other resources to complete, and will complete, the permitted
work;
(iv)the permittee has the
financial and other resources to address any contingencies identified in the
permit application pursuant to subsection (e)(10) (except that the permitting
authority may waive the requirements of this clause with respect to a project
that has a budget of less than $300,000);
(v)the project meets the
requirements of this section;
(B)with respect to a State
or Indian tribe without a Good Samaritan program approved under subsection (d),
the State or Indian tribe concurs with the issuance of, and signs, the
permit;
(C)if the permit provides
protection for the permittee under an environmental law of a political
subdivision of a State or Indian tribe in accordance with paragraphs (1) and
(2) of subsection (g), the political subdivision concurs with the issuance of,
and signs, the permit; and
(D)if the proposed project
is to be carried out on Federal land, each State or Indian tribe (or political
subdivision of the State or Indian tribe) within which the Federal land is
located meets the requirements of subparagraphs (B) and (C).
(2)The issuance of a permit by the permitting authority, and
the concurrence of the affected State or Indian tribe (and political
subdivisions of the State or Indian tribe) to participate in the permit
process, shall be discretionary actions and shall be taken in the public
interest.
(3)No action of a permitting authority or any other person
under this section shall be required to comply with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
(4)
(A)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)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.
(5)Review for certain
projectsA project that, as determined by the permitting
authority, would be less complex, or pose less risk, than other projects under
review by the permitting authority for a permit under this section, may be
reviewed, at the discretion of the permitting authority, under a more simple
and rapid review process (including the conduct of a public hearing upon
request by an interested person) under this subsection.
(g)
(1)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; and
(C)provides to the
permittee, in carrying out the activities authorized under the permit,
protection from actions taken, obligations, and liabilities arising under the
environmental laws specified in the permit.
(2)A
permittee shall comply with the terms and conditions of a permit issued under
this section in lieu of compliance with the environmental laws specified in the
permit with respect to the work authorized under the permit.
(3)A permit issued pursuant to this Act shall not relieve
the permittee of the obligation to comply with any applicable provision of the
Toxic Substances Control Act
(15 U.S.C.
2601 et seq.) or the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) relating to
the off-site disposal of any waste or material removed from the applicable
inactive or abandoned mine site.
(h)
(1)A permit issued under this section shall contain—
(A)a detailed description of
the engineering and other work that is authorized under the permit;
(B)a specific list of
environmental laws, or selected provisions of environmental laws, with respect
to which compliance with the permit will operate in lieu of compliance with the
laws;
(C)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, other than the environmental laws described in subsection
(g)(2); and
(D)any other terms and
conditions that are determined to be appropriate by the permitting
authority.
(2)A permit issued under this section may include, at the
request of the Good Samaritan, a force majeure provision.
(3)
(A)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
remediationIn the event that investigative sampling is
authorized, the permit may allow the permittee to decline to undertake
remediation based upon sampling results.
(C)Based upon sampling results, a permittee may apply
for a permit modification using the permit procedures in this Act.
(4)Work
authorized under a permit—
(A)shall commence not later
than the date that is 18 months after the date of issuance of the permit;
and
(B)shall continue until
completed, with temporary suspensions permitted during adverse weather or other
conditions specified in the permit.
(5)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.
(6)A permit may be transferred to another person only
if—
(A)the permitting authority
determines that the transferee qualifies as a Good Samaritan;
(B)the transferee signs, and
agrees to be bound by the terms of, the permit; and
(C)the permitting authority
includes in the transferred permit any additional conditions necessary to meet
the goals of this section.
(7)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 18 months after the date of issuance of the permit.
(i)Role of permitting
authorityIn 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 agencies and the public to participate in the permit
process;
(6)issue the permit under
this section, if appropriate; and
(7)enforce and otherwise
carry out this section.
(j)If the permitting authority learns that an application
for the remediation of a mine site under this section will be submitted to the
permitting authority, the permitting authority shall (as soon as practicable)
provide a notice of the application to—
(1)the lead State or tribal
agency designated under subsection (d)(2)(B);
(2)each local government
located within a radius of 75 miles of the mine site; and
(3)each Federal, State, and
tribal agency that may have an interest in the application.
(k)State, local and tribal
communities
(1)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—
(A)any lead State or tribal
agency designated under subsection (d)(2)(B), if the Administrator is the
permitting authority;
(B)each local government
located within a radius of 75 miles of the project site; and
(C)each Federal, State, and
tribal agency that the permitting authority determines may have an interest in
the application.
(2)The notice shall include a copy of the
application.
(l)Public notice of
receipt of applications
(1)On 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 the application, provide to the
public a notice that—
(A)describes—
(i)the location of the mine
site;
(ii)the scope and nature of
the proposed remediation; and
(iii)the name of the Good
Samaritan applying for a permit to carry out the proposed remediation;
and
(B)provides to the public a
means of viewing or obtaining the application.
(2)
(A)Before the date of permit issuance, the permitting
authority shall hold a public hearing in the vicinity of the mine site to be
remediated.
(B)Not
later than 30 days before the date of the hearing, the permitting authority
shall provide the public with notice of the hearing and a draft permit.
(C)The
permitting authority shall provide the applicant and the public with the
opportunity—
(i)to comment on the draft
permit at the public hearing; and
(ii)to submit written
comments to the permitting authority during the 30–day period following the
date of the hearing.
(m)
(1)The permittee shall take such actions as the permitting
authority determines are necessary to ensure appropriate baseline monitoring,
monitoring during the remediation project, and post-remediation monitoring of
the environment under paragraphs (7) and (13) of subsection (e).
(2)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 need for
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.
(3)The permitting authority may approve in a permit the
conduct of monitoring by multiple parties if, as determined by the permitting
authority, the multiparty monitoring will effectively accomplish the goals of
this section.
(n)
(1)Any person who violates a permit issued under this
section shall be subject to a civil penalty of up to $10,000 for each day of
the violation.
(2)
(A)A court may issue an injunction—
(i)mandating that a person
comply with a permit or take action to abate a permit violation;
(ii)prohibiting a person
from violating a permit; or
(iii)prohibiting additional
activities under a permit (except activities carried out pursuant to
subparagraph (B)).
(B)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; 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.
(3)Any
permitting authority that signs a permit issued under this section may enforce
the permit through appropriate administrative or judicial proceedings.
(o)A remediation project conducted pursuant to this
section shall be eligible for funding pursuant to section 319 of the Federal
Water Pollution Control Act (33 U.S.C. 1329).
(p)A court may set aside or modify an action of the
Administrator in issuing a permit under this section, or an action of a State
or political subdivision in signing a permit, only on clear and convincing
evidence of an abuse of discretion.
(q)Transfer of permitting
authority
(1)Subject to paragraph (2), not later than 120 days after
the date on which a State or Indian tribe has submitted an application to
administer a Good Samaritan program, the Administrator shall suspend the
issuance of permits under this Act for remediation activities in that State or
relevant area under the jurisdiction of an Indian tribe unless the
Administrator determines that the Good Samaritan program of the State or Indian
tribe does not satisfy the requirements of this Act.
(2)The
period before which the Administrator will suspend permitting activity under
this subsection may be extended by mutual agreement of the Administrator and
the applicable State or Indian tribe.
(r)Notification of
administrator
(1)Each State or Indian tribe authorized to administer a
Good Samaritan program shall—
(A)submit to the
Administrator a copy of each permit application received by the State or Indian
tribe; and
(B)provide notice to the
Administrator of each permit proposed to be issued by the State or Indian tribe
(including any proposed permit modifications, transfers, or
terminations).
(2)
(A)Except as provided in subparagraph (C), no permit shall
be issued by a State or Indian tribe referred to in paragraph (1) if the
Administrator, by not later than the date that is 90 days after the date of
submission of the proposed permit notification, objects in writing to the
issuance of the permit on the basis that the permit would not be in accordance
with this Act.
(B)Statement of reasons
for objectionAn objection by the Administrator described in
subparagraph (A) shall include a statement of the reasons for the
objection.
(C)The
Administrator may, with respect to any permit application, waive the
applicability of subparagraph (A).
(3)Issuance or denial of
permits
(A)In any case in which the Administrator objects to the
issuance of a permit under paragraph (2), the Administrator, on the request of
the applicable State or Indian tribe, shall hold a public hearing on the
objection.
(B)Failure to request
hearing or resubmit applicationIf a State or Indian tribe does
not resubmit a permit revised to meet the objections of the Administrator by
the date that is 30 days after the date of completion of a public hearing under
subparagraph (A) or, if such a public hearing is not requested before the date
that is 90 days after the date of issuance of an objection of the Administrator
to issuance of the permit, the Administrator may issue or deny the permit in
accordance with this Act.
(s)Withdrawal of approval
of State or tribal program and return of State or tribal program to
administrator
(1)Each State or tribal Good Samaritan program approved
under this Act shall be administered in accordance with this Act.
(2)Notification and
withdrawal
(A)Subject to subparagraph (B), if the Administrator
determines, after a 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—
(i)notify the State or
Indian tribe of the determination; and
(ii)if appropriate
corrective action is not taken within a reasonable time, not to exceed 90 after
the date of notification under clause (i), withdraw approval of the
program.
(B)Notification of reasons
for withdrawalThe Administrator shall not withdraw approval of a
program under subparagraph (A) until the Administrator notifies the State or
Indian tribe, and makes available to the public, in writing, the reasons for
the withdrawal.
(t)Federal land management
agenciesA 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).
(u)Emergency authority and
liability
(1)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 provided under any environmental law listed in
a permit.
(2)Except
to the extent that a permit provides protection under an environmental law
specified in a permit in accordance with subsection (g)(1)(C), 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.
(v)State and tribal
reclamation programsNo 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 for the conduct of 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.).
(w)
(1)
(A)Except as provided in subparagraph (B), the authority to
issue permits pursuant to this Act shall terminate on September 30,
2016.
(B)Notwithstanding
subparagraph (A), a permitting authority may issue a permit pursuant to this
Act after September 30, 2016, if the application for the permit—
(i)was submitted not later
than 180 days before that date; and
(ii)was completed in
accordance with subsection (e) by not later than September 30, 2016.
(2)Effect on certain
permitsAny permit issued pursuant to this Act before September
30, 2016, that is in effect on that date (including any permit issued pursuant
to paragraph (1)(B)) shall remain in effect after that date in accordance
with—
(A)the terms and conditions
of the permit; and
(B)this Act.
(3)Each project authorized under a permit issued pursuant
to this Act shall be completed by the later of—
(A)the date that is 10 years
after the date of enactment of this Act; and
(B)the date that is 4 years
after the date of issuance of the applicable permit.
(x)
(1)Preparation and
submissionNot later than January 1, 2016, the Administrator
shall submit to the Chairpersons and Ranking Members of the Committee on
Environment and Public Works of the Senate and the Committees on Transportation
and Infrastructure, Energy and Commerce, and Resources of the House of
Representatives a report evaluating the permit program under this Act.
(2)The
report under paragraph (1) shall include—
(A)a description of—
(i)the number, types, and
objectives of permits issued pursuant to this Act; and
(ii)each site remediation
project authorized by those permits;
(B)qualitative and
quantitative data on the results achieved under the permits before the date of
issuance of the report;
(C)a description of—
(i)any problems encountered
in administering this Act; and
(ii)whether the problems
have been or can be remedied by administrative action (including amendments to
existing law);
(D)a description of progress
made in achieving the purposes of this Act; and
(E)recommendations on
whether the permit program under this Act should be continued after September
30, 2016, including a description of any modifications (including amendments to
existing law) required to continue administering this Act.
(y)
(1)The Administrator shall promulgate such regulations as
the Administrator determines to be necessary to carry out this section.
(2)This
section shall be effective regardless of whether regulations are promulgated by
the Administrator pursuant to paragraph (1).
September 27, 2006
Reported with an amendment