[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4011 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4011

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2007

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

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Good Samaritan 
Cleanup of Abandoned Hardrock Mines Act of 2007''.
    (b) Findings.--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 individual and corporate owners and 
        operators of the mines, whose actions caused that pollution, 
        are no longer alive or in existence;
            (6) many of the 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 water bodies impacted by acid 
        mine drainage are important resources for fish and wildlife, 
        recreation, drinking water, agriculture, and other public 
        purposes;
            (9) 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;
            (10) from time to time, States, individuals, and companies 
        are willing to remediate historic mine sites for the public 
        good as Good Samaritans, despite the fact that the States, 
        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 removal, relocation, or management 
                        of tailings or other waste piles;
                            (ii) passive or active water treatment; and
                            (iii) runoff or run-on controls;
            (12) the potential liabilities under the Federal Water 
        Pollution Control Act that may attach to a Good Samaritan 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.
    (c) Purposes.--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 legally responsible for the remediation;
            (2) to allow a person not legally responsible for 
        environmental conditions relating to inactive or abandoned mine 
        sites to improve water quality affected by past mining 
        activities at the site without incurring liability under the 
        Federal Water Pollution Control Act in order to make further 
        progress toward the goal of meeting water quality standards in 
        all waters of the United States;
            (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 tribal 
                authorities and with review and comment by the public; 
                and
                    (B) in a manner that is beneficial to the 
                environment and all affected communities;
            (5) to further innovation and cooperation among the Federal 
        Government, State governments, private individuals, and 
        corporations to accelerate conservation and environmental 
        restoration.
    (d) Scope.--Nothing in this Act is intended to--
            (1) reduce any existing liability; or
            (2) facilitate any mining or processing other than that 
        required for the remediation of historic mine residue for the 
        public good.

SEC. 2. GOOD SAMARITAN DISCHARGE PERMITS.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1342) is amended by adding at the end the following:
    ``(r) Good Samaritan Discharge Permits.--
            ``(1) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Cooperating person.--The term `cooperating 
                person' means any person including the Federal 
                Government that--
                            ``(i) meets the definition of Good 
                        Samaritan;
                            ``(ii) assists a Good Samaritan in the 
                        remediation of an inactive or abandoned mine 
                        site; and
                            ``(iii) is identified in a Good Samaritan 
                        discharge permit issued pursuant to this Act.
                    ``(B) Good samaritan.--The term `Good Samaritan' 
                means a person that, with respect to historic mine 
                residue at an inactive or abandoned mine site--
                            ``(i) had no role in the creation of the 
                        historic mine residue;
                            ``(ii) had no role and is not related to a 
                        person who had a role in creating the 
                        environmental pollution caused by the historic 
                        mine residue; and
                            ``(iii) is not liable under any Federal, 
                        State, tribal, or local law for the remediation 
                        of the historic mine residue.
                    ``(C) Good samaritan discharge permit.--The term 
                `Good Samaritan discharge permit' means a permit 
                described under paragraph (2).
                    ``(D) Historic mine residue.--
                            ``(i) In general.--The term `historic mine 
                        residue' means mine residue or conditions 
                        resulting from activities at an inactive or 
                        abandoned mine site prior to October 18, 1972, 
                        that cause or contribute to the discharge of 
                        pollutants from the inactive or abandoned mine 
                        site or otherwise pollute the environment.
                            ``(ii) Inclusions.--The term `historic mine 
                        residue' includes, among other materials--
                                    ``(I) previously mined ores and 
                                minerals that 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.
                    ``(E) Identifiable owner or operator.--The term 
                `identifiable owner or operator' means a person or 
                entity that is--
                            ``(i) legally responsible under section 301 
                        for discharges from an inactive or abandoned 
                        mine site; and
                            ``(ii) financially capable of compliance 
                        with the requirements of this section and 
                        section 301.
                    ``(F) Inactive or abandoned mine site; mine site.--
                The terms `inactive or abandoned mine site' and `mine 
                site' mean the site of a mine and associated facilities 
                that--
                            ``(i) were used for the production of a 
                        mineral other than coal;
                            ``(ii) have historic mine residue; and
                            ``(iii) are no longer actively mined (and 
                        not in temporary shutdown)--at the times at 
                        which the remediation plan is submitted and the 
                        Good Samaritan discharge permit is issued.
                    ``(G) Permitting authority.--The term `permitting 
                authority' means the Administrator or, in the case of a 
                State or Indian tribe with an approved permitting 
                program under this section, the head of such program.
                    ``(H) Indian tribe.--The term `Indian tribe' has 
                the meaning given that term in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b).
                    ``(I) Person.--The term `person' includes--
                            ``(i) an individual;
                            ``(ii) a firm;
                            ``(iii) a corporation;
                            ``(iv) an association;
                            ``(v) a partnership;
                            ``(vi) a consortium;
                            ``(vii) a joint venture;
                            ``(viii) a commercial entity;
                            ``(ix) a nonprofit organization;
                            ``(x) the Federal Government;
                            ``(xi) a State;
                            ``(xii) a political subdivision of a State;
                            ``(xiii) an interstate entity;
                            ``(xiv) a commission; and
                            ``(xv) an Indian tribe.
            ``(2) Good samaritan discharge permits.--
                    ``(A) In general.--The permitting authority, with 
                the concurrence of the State in which an inactive or 
                abandoned mine site remediation project is proposed or 
                a Federal agency or Indian tribe which owns or has 
                jurisdiction over the site on which a remediation 
                project is proposed, may issue a Good Samaritan 
                discharge permit to a Good Samaritan.
                    ``(B) State or tribal programs.--The Administrator 
                shall approve a State or Tribal program for issuance of 
                Good Samaritan discharge permits to any State or Indian 
                tribe, if--
                            ``(i) the State or Indian Tribe already has 
                        authority to issue a permit under this section; 
                        and
                            ``(ii) the State or Indian tribe requests 
                        such approval.
            ``(3) Eligibility for good samaritan discharge permits.--To 
        be eligible for a Good Samaritan discharge 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 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)) or where there is an ongoing or 
                planned removal under such Act;
                    ``(D) the permit shall authorize only those 
                activities that are required for the remediation of 
                historic mine residue at the mine site; and
                    ``(E) the person obtaining the permit shall be a 
                Good Samaritan.
            ``(4) Permit process.--
                    ``(A) Scope.--A Good Samaritan may apply for a Good 
                Samaritan discharge permit for remediation activities 
                at inactive or abandoned mine sites from which there is 
                or may be a discharge of pollutants to waters of the 
                United States.
                    ``(B) Remediation plan.--A Good Samaritan seeking a 
                Good Samaritan discharge permit shall submit an 
                application for the permit that includes a remediation 
                plan that--
                            ``(i) identifies the Good Samaritan and any 
                        cooperating person with respect to the plan;
                            ``(ii) identifies the inactive or abandoned 
                        mine site addressed by the plan, including such 
                        documentation as the permitting authority finds 
                        sufficient to demonstrate that the site is 
                        eligible under this Act;
                            ``(iii) identifies the waters of the United 
                        States affected by past mining activities at or 
                        immediately downstream from the inactive or 
                        abandoned mine site;
                            ``(iv) describes the baseline condition of 
                        the waters at the time of the permit 
                        application (including the nature and extent of 
                        any adverse impact on water quality caused by 
                        drainage from the abandoned or inactive mine 
                        site and, as applicable, the levels of any 
                        pollutant causing the impact);
                            ``(v) describes the conditions at the 
                        inactive or abandoned mine site that are 
                        causing adverse water quality impacts to the 
                        extent such conditions are known to the Good 
                        Samaritan at the time of the application;
                            ``(vi) describes the applicant's reasonable 
                        efforts to identify identifiable owners or 
                        operators;
                            ``(vii) describes the remediation goals and 
                        objectives, including the pollutant or 
                        pollutants to be addressed by the plan, 
                        including actions taken that will result in 
                        attainment of the applicable water quality 
                        standards to the maximum extent reasonable and 
                        practicable under the circumstances;
                            ``(viii) describes the practices, including 
                        a schedule and estimated completion date for 
                        implementing the practices, that are proposed 
                        to meet the goals and objectives under clause 
                        (vii), including--
                                    ``(I) in the case of a new 
                                remediation project, the preliminary 
                                system design and construction, 
                                operation, and maintenance plans; and
                                    ``(II) in the case of an existing 
                                remediation project, available system 
                                design and construction, operation, and 
                                maintenance plans and any planned 
                                improvements to the projects;
                            ``(ix) describes any proposed recycling or 
                        reprocessing of historic mine residue at the 
                        site subject to paragraph (8)(E), and how such 
                        activities relate to the remediation;
                            ``(x) explains how the practices described 
                        in clause (viii) are expected to achieve goals 
                        and objectives under clause (vii);
                            ``(xi) describes the monitoring or other 
                        forms of assessment that will be undertaken to 
                        evaluate the success of the practices during 
                        and after implementation, relative to baseline 
                        conditions;
                            ``(xii) describes contingency plans, 
                        including the practices to be implemented to 
                        achieve the remediation goals and objectives 
                        described in clause (vii), for responding to 
                        unplanned adverse events;
                            ``(xiii) provides a schedule for periodic 
                        reporting on progress in implementing the plan;
                            ``(xiv) provides a budget for the plan and 
                        identifies the funding sources that will 
                        support the implementation of the plan, 
                        including practices described in clauses 
                        (viii), (xi), and (xii);
                            ``(xv) describes the applicant's legal 
                        authority to enter and conduct activities at 
                        the inactive or abandoned mine site addressed 
                        by the plan;
                            ``(xvi) describes any public outreach 
                        activities and contains any other additional 
                        information requested by the Administrator to 
                        clarify the plan and the activities covered by 
                        the plan; and
                            ``(xvii) is signed and certified by the 
                        applicant (in a manner consistent with 
                        regulations in section 122.22 of title 40, Code 
                        of Federal Regulations, in effect on October 1, 
                        2007).
                    ``(C) Investigative sampling.--
                            ``(i) In general.--A permit may identify a 
                        program of investigative sampling to be 
                        completed prior to remediation if the 
                        permitting authority, upon application, 
                        determines the program to be appropriate. Any 
                        such program shall use test methods identified 
                        in part 136 of title 40, Code of Federal 
                        Regulations, in effect on October 1, 2007. All 
                        samples collected during any such program shall 
                        be representative of the discharge from the 
                        abandoned or inactive mine site, and records of 
                        all sampling events shall be retained for not 
                        less than 3 years.
                            ``(ii) Initial plan.--If the Good Samaritan 
                        proposes to conduct investigative sampling, the 
                        initial remediation plan shall provide the 
                        information required by subparagraphs (B)(iv), 
                        (v), and (vii) through (xiv) to the extent 
                        known, to be supplemented by the results of 
                        investigative sampling prior to the 
                        implementation of remediation.
                            ``(iii) Permit modification.--Based upon 
                        investigative sampling results, a permit may be 
                        modified pursuant to the permit procedures in 
                        this section.
                            ``(iv) Option to decline remediation.--In 
                        the event that investigative sampling is 
                        authorized, the permit may allow the permittee 
                        to decline to undertake remediation based on 
                        the results of investigative sampling.
                    ``(D) Review of application.--
                            ``(i) Initial review.--The permitting 
                        authority shall--
                                    ``(I) review each application for a 
                                Good Samaritan discharge permit;
                                    ``(II) provide to the public notice 
                                of and reasonable opportunity to 
                                comment on the application;
                                    ``(III) in cases where the 
                                Administrator is the permitting 
                                authority, provide a copy of the 
                                application to each affected State, 
                                tribe, or other Federal agency;
                                    ``(IV) provide an opportunity for a 
                                public hearing on the application; and
                                    ``(V) determine whether the 
                                application meets the requirements of 
                                subparagraph (B).
                            ``(ii) Requirements not met.--If the 
                        permitting authority determines that an 
                        application does not meet the requirements of 
                        subparagraph (B), the permitting authority 
                        shall--
                                    ``(I) notify the applicant that the 
                                application is disapproved and explain 
                                the reasons for the disapproval; and
                                    ``(II) allow the applicant to 
                                submit a revised application.
                            ``(iii) Requirements met.--If the 
                        permitting authority determines that an 
                        application meets the requirements of 
                        subparagraph (B), the permitting authority 
                        shall notify the applicant that the application 
                        is accepted.
                    ``(E) Permit issuance.--
                            ``(i) Notice and comment.--After notice and 
                        opportunity for public comment on a Good 
                        Samaritan discharge permit proposed to be 
                        issued, including any additional requirements 
                        that the permitting authority determines would 
                        facilitate implementation of this subsection, 
                        the permitting authority may issue such permit 
                        to the applicant if--
                                    ``(I) the permitting authority 
                                determines that--
                                            ``(aa) relative to the 
                                        resources available to the Good 
                                        Samaritan for the proposed 
                                        remediation activity, the Good 
                                        Samaritan has made a reasonable 
                                        effort to identify persons 
                                        under subparagraph (B)(vi);
                                            ``(bb) no identifiable 
                                        owner or operator exists, 
                                        except a permit can be issued 
                                        for an inactive or abandoned 
                                        mine site located on Federal 
                                        land or land owned by a State 
                                        or political subdivision of the 
                                        State if the only identifiable 
                                        owner or operator is the 
                                        Federal Government (with 
                                        respect to a site on Federal 
                                        land) or such State or 
                                        political subdivision;
                                            ``(cc) the remediation plan 
                                        demonstrates with reasonable 
                                        certainty that its 
                                        implementation will not result 
                                        in water quality that is worse 
                                        than the baseline condition of 
                                        the waters described in 
                                        subparagraph (B)(iv) and there 
                                        is a reasonable basis to 
                                        conclude, taking into 
                                        consideration the resources 
                                        identified by the Good 
                                        Samaritan for the proposed 
                                        remediation activity pursuant 
                                        to subparagraph (B)(xiv), that 
                                        such implementation will 
                                        improve water quality so as to 
                                        result as closely as possible 
                                        in the attainment of applicable 
                                        water quality standards as is 
                                        reasonable and practicable 
                                        under the circumstances;
                                            ``(dd) the permit applicant 
                                        has provided adequate evidence 
                                        of financial resources that 
                                        will allow the applicant to 
                                        complete the permitted work; 
                                        and
                                            ``(ee) the project meets 
                                        the requirements of this 
                                        section;
                                    ``(II) 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; and
                                    ``(III) in cases where the 
                                Administrator is the permitting 
                                authority, the affected State or tribe 
                                concurs with the issuance of the 
                                permit.
                    ``(F) Timing.--The permitting authority shall seek 
                to issue or deny a permit for the remediation of a mine 
                site not later than 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.
                    ``(G) Modification.--
                            ``(i) Approval and disapproval process.--
                        After receipt of a written request by a 
                        permittee the permitting authority shall 
                        approve or disapprove a modification of a 
                        permit.
                            ``(ii) Permit modification.--A permit 
                        modification approved by the permitting 
                        authority under this subsection shall be--
                                    ``(I) by agreement of the permittee 
                                and the permitting authority, and, in 
                                cases where the Administrator is the 
                                permitting authority, the affected 
                                State or tribe;
                                    ``(II) after providing the public 
                                notice of, and opportunity for comment 
                                and a hearing on, a proposed 
                                modification of a Good Samaritan 
                                discharge permit;
                                    ``(III) in accordance with the 
                                standards in subparagraph (E)(i)(I)(c); 
                                and
                                    ``(IV) immediately reflected in, 
                                and applicable to, the Good Samaritan 
                                discharge permit.
            ``(5) Contents of permit.--
                    ``(A) In general.--A Good Samaritan discharge 
                permit--
                            ``(i) shall include a remediation plan 
                        approved by the permitting authority and any 
                        additional requirements that the permitting 
                        authority establishes under paragraph (10); and
                            ``(ii) shall provide for compliance with 
                        and implementation of the remediation plan and 
                        any other requirements described under clause 
                        (i).
                    ``(B) Review.--A permit shall establish a schedule 
                for review, by the permitting authority, of compliance 
                with the conditions and limitations of the permit.
                    ``(C) Effect of compliance.--Compliance with a Good 
                Samaritan discharge permit shall constitute compliance 
                with section 301. Neither the holder of such a permit 
                nor a cooperating person identified in such a permit 
                shall be responsible for implementing any remediation 
                activities other than those specified in the 
                remediation plan included in the permit. This 
                subparagraph shall not be affected by the termination 
                of such a permit.
            ``(6) Failure to comply.--Failure of a Good Samaritan, 
        while operating under an approved Good Samaritan discharge 
        permit, to comply with any condition or limit of the permit 
        shall be considered a violation subject to enforcement pursuant 
        to sections 309 and 505.
            ``(7) Termination.--
                    ``(A) In general.--The permitting authority shall 
                terminate a Good Samaritan discharge permit if--
                            ``(i) the Good Samaritan successfully 
                        completes the implementation of the remediation 
                        plan; or
                            ``(ii) the discharges covered by the 
                        permit--
                                    ``(I) become subject to a permit 
                                issued under the other subsections of 
                                this section for development that is 
                                not part of the implementation of the 
                                remediation plan; and
                                    ``(II) the Good Samaritan seeking 
                                termination of coverage, and any person 
                                cooperating with the Good Samaritan 
                                with respect to the plan, is not a 
                                participant in the development.
                    ``(B) Unforeseen circumstances.--If an event or 
                condition is encountered that reduces the significantly 
                feasibility or significantly increases the cost of 
                completing the remediation project, was not 
                contemplated or designed for by the remediation plan, 
                and is beyond the control of the Good Samaritan--
                            ``(i) the permitting authority shall seek 
                        to modify the permit, with the agreement of the 
                        permittee, to reflect the encountered event or 
                        condition; except that
                            ``(ii) if the permittee does not agree to a 
                        modification of the permit, and the permitting 
                        authority determines that remediation 
                        activities under the permit have not resulted 
                        in surface water quality conditions, taken as a 
                        whole, that are worse than the baseline 
                        condition of the waters described in paragraph 
                        (4)(B)(iv), the permitting authority shall 
                        terminate the permit.
                    ``(C) No enforcement liability.--
                            ``(i) Remaining discharges.--Subject to 
                        clause (ii), if a permit is terminated under 
                        subparagraph (A) or (B), the Good Samaritan to 
                        whom the permit was issued, or a cooperating 
                        person with respect to the plan, shall not be 
                        subject to enforcement under any provision of 
                        this Act for any discharges from the inactive 
                        or abandoned mine site described in the permit.
                            ``(ii) Other parties.--This subparagraph 
                        does not limit the liability of any person, 
                        other than the Good Samaritan to whom the 
                        permit was issued or a cooperating person.
            ``(8) Limitations.--
                    ``(A) Emergency powers.--Nothing in this subsection 
                limits the authority of the Administrator under section 
                504.
                    ``(B) Prior violations.--
                            ``(i) Actions and relief.--Issuance of a 
                        permit under this subsection does not preclude 
                        any action under section 309 or 505, or affect 
                        the relief available in such an action, with 
                        respect to a violation, by any person, of this 
                        section or section 301(a) that occurred prior 
                        to issuance of such a permit.
                            ``(ii) Exceptions.--If a permit covers 
                        remediation activities implemented by the 
                        permit holder prior to the issuance of the 
                        permit, clause (i) shall not apply to an action 
                        that is based on conditions resulting from 
                        those remediation activities. In addition, the 
                        holder of a permit issued under this subsection 
                        shall not be subject to an action under section 
                        309 or 505 for any violations by any other 
                        party.
                    ``(C) Obligation of states and indian tribes.--
                Except as expressly provided, nothing in this 
                subsection limits any obligation of a State or Indian 
                tribe under section 303.
                    ``(D) Other development.--Any development of an 
                inactive or abandoned mine site (including mineral 
                exploration, processing, beneficiation, or mining), 
                including development by a Good Samaritan or any 
                cooperating person with respect to the plan, not 
                specifically described in a permit issued by the 
                permitting authority under this subsection shall be 
                subject to this Act (other than this subsection). The 
                commingling of any other discharges or waters with the 
                discharges or waters subject to the Good Samaritan 
                discharge permit cannot limit or reduce the liability 
                of persons associated with the other waters or 
                discharges.
                    ``(E) Recoverable value.--A Good Samaritan to whom 
                a permit is issued may sell or use materials recovered 
                during the implementation of the plan, but the proceeds 
                of any such sale must be used to defray the costs of 
                remediation of the site addressed in the permit or the 
                costs of voluntary remediation of any other inactive or 
                abandoned mine site covered by a permit issued under 
                this section.
                    ``(F) State certification.--In so far as this 
                subsection may relate to water quality standards, 
                section 401 certification shall not apply to permits 
                under this section; except that, in any case in which 
                section 401 certification would otherwise be required, 
                no permit shall be issued under this subsection without 
                the concurrence of the State in which the discharge is 
                located or the Indian tribe which owns or has 
                jurisdiction over the site on which a remediation 
                project is proposed.
                    ``(G) State and tribal reclamation programs.--No 
                State, Indian tribe, or other person shall be required 
                to obtain a Good Samaritan discharge permit pursuant to 
                this subsection for any discharges, including any 
                discharges associated with the remediation of an 
                inactive or abandoned 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.)
            ``(9) Liability of other parties.--Nothing in this 
        subsection, including any result caused by any action taken by 
        the Good Samaritan to whom a permit is issued or a cooperating 
        person, limits the liability of any person other than the Good 
        Samaritan or a cooperating person, under this Act or any other 
        law.
            ``(10) Regulations.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not later than one year after the 
                date of enactment of this subsection, the 
                Administrator, in consultation with Secretary of the 
                Interior and the Secretary of Agriculture and State, 
                tribal, and local officials and after providing the 
                public with notice of, and opportunity for comment and 
                a hearing on, regulations proposed to be promulgated, 
                shall promulgate regulations establishing generally 
                applicable requirements for--
                            ``(i) remediation plans described in 
                        paragraph (4)(B); and
                            ``(ii) as considered to be necessary by the 
                        Administrator, other paragraphs of this 
                        subsection.
                    ``(B) Specific requirements before promulgation of 
                regulations.--Before promulgation of regulations 
                pursuant to subparagraph (A), the permitting authority 
                may establish, on a case-by-case basis, after notice 
                and opportunity for public comment, specific 
                requirements that the permitting authority determines 
                would facilitate implementation of this subsection in 
                an individual permit issued to the Good Samaritan.
            ``(11) Funding.--
                    ``(A) Eligibility for section 319 grants.--
                Implementation of a remediation plan under a permit 
                issued under this subsection shall be eligible for 
                grants under section 319(h).
                    ``(B) Other grant for implementation of remediation 
                plans.--Subject to the availability of appropriated 
                funds, the Administrator also may make a grant, without 
                regard to any requirements in section 319(h) concerning 
                the availability of State or other matching funds, to 
                any Good Samaritan for implementation of a remediation 
                plan under a permit issued under this subsection.
            ``(12) Report.--
                    ``(A) In general.--Not later than 1 year before the 
                date of the termination of the permitting authority 
                specified in paragraph (13), the Administrator shall 
                submit a report to Congress on the activities 
                authorized by this subsection.
                    ``(B) Contents.--The report required under 
                subparagraph (A), at a minimum, shall--
                            ``(i) identify each permit, and associated 
                        Good Samaritan, issued under this subsection;
                            ``(ii) identify the inactive or abandoned 
                        mine site addressed by each permit (including 
                        the water bodies and baseline water quality of 
                        the water bodies affected by the site);
                            ``(iii) summarize the remediation plan 
                        associated with each permit issued under this 
                        subsection, including--
                                    ``(I) the goals and objectives of 
                                the plan;
                                    ``(II) the plan budget; and
                                    ``(III) the practices to be 
                                employed according to the plan to 
                                reduce, control, mitigate, or eliminate 
                                adverse water quality impacts;
                            ``(iv) identify the status of the 
                        implementation of each remediation plan 
                        associated with each permit issued under this 
                        subsection (including specific progress that 
                        permitted remediation activities have made 
                        toward achieving the goals and objectives of 
                        the remediation plan);
                            ``(v) identify and describe any enforcement 
                        action taken by the Administrator or applicable 
                        state or Indian tribe or any civil action 
                        brought by a citizen concerning a permit issued 
                        under this section (including the disposition 
                        of the legal action); and
                            ``(vi) include any recommendations that may 
                        be proposed by the Administrator for any 
                        modifications to existing law, including this 
                        subsection, or the regulations promulgated 
                        under paragraph (10) to implement this 
                        subsection, that would facilitate the 
                        improvement of water quality through the 
                        remediation of inactive or abandoned mine 
                        sites.
            ``(13) Termination of permitting authority.--The authority 
        granted to the permitting authority under this subsection to 
        issue a Good Samaritan discharge permit terminates on the date 
        that is 10 years after the date of enactment of this 
        subsection.
            ``(14) Severability.--If any provision of this subsection, 
        or the application of any provision of this subsection to any 
        person or circumstance, is held invalid, the application of 
        such provision to other persons or circumstances, and the 
        remainder of this Act, shall not be affected thereby.''.
                                 <all>