[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1777 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1777

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 13, 2009

  Mr. Udall of Colorado introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To facilitate the remediation 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.

    This Act may be cited as the ``Good Samaritan Cleanup of Abandoned 
Hardrock Mines Act of 2009''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Federal Government and State governments have 
        encouraged hardrock mining in the United States through a wide 
        variety of laws, policies, and actions;
            (2) mining operations produce metals and minerals that have 
        important social benefits and values;
            (3) many areas in the United States at which historic 
        mining operations took place are now the locations of 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 led to environmental 
        pollution, including the discharge of pollutants into surface 
        water and groundwater;
            (5) many of the individuals and corporate owners and 
        operators of mines the actions of which caused the pollution 
        described in paragraph (4) are no longer alive or in existence;
            (6) many of the historic mining sites have polluted the 
        environment for more than a century and, unless remedied, will 
        continue to do so indefinitely;
            (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 historic 
        mine sites do not have adequate resources to properly conduct 
        the remediation of the mine sites 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 those States, 
        individuals, and companies are not legally required to do so;
            (11) Good Samaritan remediation activities may--
                    (A) vary in size and complexity;
                    (B) reflect a myriad of methods by 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 runon controls;
            (12) the potential obligations, requirements, and 
        liabilities under the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.) that may attach to Good Samaritans as the 
        result of the conduct by the Good Samaritans of remediation 
        activities 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--
                    (A) in appropriate circumstances and to the maximum 
                extent practicable; and
                    (B) so that the detrimental environmental impacts 
                of the historic mine sites are lessened in the future; 
                and
            (14) if appropriate protections are provided to Good 
        Samaritans, Good Samaritans will have a greater incentive to 
        remediate historic mine sites for the public good.
    (b) Purposes.--The purposes of this Act are--
            (1) to encourage the partial or complete remediation of 
        inactive and abandoned mine sites for the public good by 
        individuals or entities that are not legally responsible for 
        the remediation;
            (2) to allow any individual or entity not legally 
        responsible for environmental conditions relating to an 
        inactive or abandoned mine site--
                    (A) to make further progress toward the goal of 
                meeting water quality standards in all water of the 
                United States; and
                    (B) to improve other environmental media affected 
                by past mining activities at the inactive or abandoned 
                mine site without incurring any obligation or liability 
                with respect to the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.);
            (3) to ensure that remediation activities performed by Good 
        Samaritans--
                    (A) result in actual and significant environmental 
                benefits; and
                    (B) are carried out--
                            (i) with the approval and agreement, and at 
                        the discretion, of affected Federal, State, and 
                        tribal authorities;
                            (ii) in a manner that enables the public to 
                        conduct a review of, and submit comments 
                        relating to, the remediation activities; and
                            (iii) in a manner that is beneficial to the 
                        environment and each community affected by the 
                        remediation activities; and
            (4) to further the innovations of, and cooperation among, 
        the Federal Government, State and tribal governments, private 
        individuals, and corporations to accelerate efforts relating to 
        conservation and environmental restoration.

SEC. 3. SCOPE.

    Nothing in this Act (or an amendment made by this Act)--
            (1) reduces any existing liability; or
            (2) facilitates the conduct of any mining or processing 
        other than the conduct of any mining or processing that is 
        required for the remediation of historic mine residue for the 
        public good.

SEC. 4. 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:
    ``(s) Good Samaritan Discharge Permits.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Cooperating person.--
                            ``(i) In general.--The term `cooperating 
                        person' means any person that--
                                    ``(I) is a Good Samaritan;
                                    ``(II) assists a permittee in the 
                                remediation of an inactive or abandoned 
                                mine site; and
                                    ``(III) is identified in a Good 
                                Samaritan discharge permit issued under 
                                paragraph (2).
                            ``(ii) Inclusion.--The term `cooperating 
                        person' includes the Federal Government.
                    ``(B) Eligible applicant.--The term `eligible 
                applicant' means a person that--
                            ``(i) is a Good Samaritan; and
                            ``(ii) proposes a project, the purpose of 
                        which is to remediate, in whole or in part, 
                        actual or threatened pollution caused by 
                        historic mine residue at an inactive or 
                        abandoned mine site.
                    ``(C) 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 in creating any 
                        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.
                    ``(D) Historic mine residue.--
                            ``(i) In general.--The term `historic mine 
                        residue' means mine residue or any condition 
                        resulting from activities at an inactive or 
                        abandoned mine site prior to October 18, 1972, 
                        that--
                                    ``(I) causes or contributes to the 
                                actual or threatened discharge of 
                                pollutants from the inactive or 
                                abandoned mine site; or
                                    ``(II) otherwise pollutes the 
                                environment.
                            ``(ii) Inclusions.--The term `historic mine 
                        residue' includes--
                                    ``(I) ores and minerals that--
                                            ``(aa) were mined during 
                                        the active operation of an 
                                        inactive or abandoned mine 
                                        site; and
                                            ``(bb) contribute to acid 
                                        mine drainage or other 
                                        environmental pollution;
                                    ``(II) equipment (including 
                                materials in equipment);
                                    ``(III) any waste or material 
                                resulting from any extraction, 
                                beneficiation, or other processing 
                                activity that occurred during the 
                                active operation of an inactive or 
                                abandoned mine site; and
                                    ``(IV) any acidic or otherwise 
                                polluted flow in surface water or 
                                groundwater that originates from an 
                                inactive or abandoned mine site.
                    ``(E) Identifiable owner or operator.--The term 
                `identifiable owner or operator' means a person that 
                is--
                            ``(i) legally responsible under section 301 
                        for a discharge that originates from an 
                        inactive or abandoned mine site; and
                            ``(ii) financially capable of complying 
                        with each requirement described in this section 
                        and section 301.
                    ``(F) Inactive or abandoned mine site.--
                            ``(i) In general.--The term `inactive or 
                        abandoned mine site' means a mine site 
                        (including associated facilities) that--
                                    ``(I) is located in the United 
                                States;
                                    ``(II) was used for the production 
                                of a mineral other than coal;
                                    ``(III) has historic mine residue; 
                                and
                                    ``(IV) is no longer actively mined 
                                on the date on which an eligible 
                                applicant submits to a permitting 
                                authority a remediation plan relating 
                                to an application for a Good Samaritan 
                                discharge permit under paragraph (3)(B) 
                                for the remediation of the mine site.
                            ``(ii) Exclusions.--The term `inactive or 
                        abandoned mine site' does not include a mine 
                        site (including associated facilities) that 
                        is--
                                    ``(I) in a temporary shutdown;
                                    ``(II) included on the National 
                                Priorities List developed by the 
                                President in accordance with section 
                                105(a)(8)(B) of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act of 1980 (42 U.S.C. 
                                9605(a)(8)(B)); or
                                    ``(III) the subject of an ongoing 
                                or planned remedial action carried out 
                                in accordance with the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act of 1980 (42 U.S.C. 
                                9601 et seq.).
                    ``(G) Indian tribe.--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).
                    ``(H) Permittee.--The term `permittee' means a 
                person that is issued a Good Samaritan discharge permit 
                under this subsection.
                    ``(I) Permitting authority.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `permitting authority' 
                        means the Administrator.
                            ``(ii) Exception.--In the case of a State 
                        or Indian tribe with an approved permitting 
                        program under paragraph (2)(B), the term 
                        `permitting authority' means the head of the 
                        permitting program of the State or Indian 
                        tribe.
                    ``(J) 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 (including a political 
                        subdivision of a State);
                            ``(xii) an interstate entity;
                            ``(xiii) a commission; and
                            ``(xiv) an Indian tribe.
            ``(2) Good samaritan discharge permits.--
                    ``(A) In general.--A permitting authority may issue 
                a Good Samaritan discharge permit to an eligible 
                applicant in concurrence, if applicable, with--
                            ``(i) the State in which the proposed 
                        inactive or abandoned mine site remediation 
                        project is located; or
                            ``(ii) the Federal agency or Indian tribe 
                        that owns or has jurisdiction over the site at 
                        which the proposed inactive or abandoned mine 
                        site remediation project is located.
                    ``(B) State or tribal programs.--The Administrator 
                shall approve a State or tribal program for the 
                issuance of Good Samaritan discharge permits if--
                            ``(i) the State or Indian tribe has, as of 
                        the date of enactment of this subsection, 
                        authority to issue a permit under subsection 
                        (b); and
                            ``(ii) the State or Indian tribe requests 
                        such authority.
            ``(3) Permit process.--
                    ``(A) Scope.--An eligible applicant may apply for a 
                Good Samaritan discharge permit to conduct remediation 
                activities at any inactive or abandoned mine site from 
                which there is, or may be, a discharge or a threatened 
                discharge of pollutants into any water of the United 
                States.
                    ``(B) Remediation plan.--To apply for a Good 
                Samaritan discharge permit under subparagraph (A), an 
                eligible applicant shall submit to the permitting 
                authority an application that contains a remediation 
                plan that, to the extent known by the eligible 
                applicant as of the date on which the application is 
                submitted, contains--
                            ``(i) an identification of--
                                    ``(I) the eligible applicant 
                                (including any cooperating person) with 
                                respect to the remediation plan;
                                    ``(II) the mine site that is the 
                                subject of the remediation plan 
                                (including such documentation as the 
                                permitting authority determines to be 
                                sufficient to demonstrate to the 
                                permitting authority that the mine site 
                                is an inactive or abandoned mine site); 
                                and
                                    ``(III) each body of water of the 
                                United States that is affected by 
                                actual or threatened discharges from 
                                the inactive or abandoned mine site;
                            ``(ii) a description of--
                                    ``(I) the baseline conditions of 
                                each body of water described in clause 
                                (i)(III) as of the date on which the 
                                eligible applicant submits the 
                                application, including--
                                            ``(aa) the nature and 
                                        extent of any adverse impact on 
                                        the quality of each body of 
                                        water caused by the drainage of 
                                        historic mine residue or other 
                                        discharges from the inactive or 
                                        abandoned mine site; and
                                            ``(bb) as applicable, the 
                                        level of any pollutant in each 
                                        body of water that has resulted 
                                        in an adverse impact described 
                                        in item (aa);
                                    ``(II) the conditions of the 
                                inactive or abandoned mine site that 
                                cause adverse impacts to the quality of 
                                each body of water described in clause 
                                (i)(III);
                                    ``(III) the reasonable efforts 
                                taken by the eligible applicant to 
                                identify identifiable owners or 
                                operators of the inactive or abandoned 
                                mine site that is the subject of the 
                                application;
                                    ``(IV) each remediation goal and 
                                objective proposed by the eligible 
                                applicant, including--
                                            ``(aa) each pollutant to be 
                                        addressed by the remediation 
                                        plan; and
                                            ``(bb) each action that the 
                                        eligible applicant proposes to 
                                        take that, to the maximum 
                                        extent reasonable and 
                                        practicable under the 
                                        circumstances, will assist in 
                                        the attainment of each 
                                        applicable water quality 
                                        standard;
                                    ``(V) the practices (including a 
                                schedule and estimated completion date 
                                for the implementation of each 
                                practice) that are proposed by the 
                                eligible applicant to meet each 
                                remediation goal and objective 
                                described in subclause (IV), 
                                including--
                                            ``(aa) in the case of a new 
                                        remediation project, the 
                                        preliminary system design and 
                                        construction, operation, and 
                                        maintenance plans relating to 
                                        the new remediation project; 
                                        and
                                            ``(bb) in the case of an 
                                        existing remediation project, 
                                        available system design and 
                                        construction, operation, and 
                                        maintenance plans and any 
                                        planned improvements with 
                                        respect to the existing 
                                        remediation project;
                                    ``(VI) any proposed recycling or 
                                reprocessing of historic mine residue 
                                to be conducted by the eligible 
                                applicant (including a description of 
                                how each proposed recycling or 
                                reprocessing activity relates to the 
                                remediation of an inactive or abandoned 
                                mine site);
                                    ``(VII) the monitoring or other 
                                forms of assessment that will be 
                                undertaken by the eligible applicant to 
                                evaluate the success of the practices 
                                described in subclause (V) during and 
                                after the implementation of the 
                                remediation plan, with respect to the 
                                baseline conditions;
                                    ``(VIII) each contingency plan that 
                                is designed for responding to unplanned 
                                adverse events (including the practices 
                                to be implemented to achieve each 
                                remediation goal and objective 
                                described in subclause (IV));
                                    ``(IX) the legal authority of the 
                                eligible applicant to enter, and 
                                conduct activities at, the inactive or 
                                abandoned mine site that is the subject 
                                of the remediation plan; and
                                    ``(X) any public outreach activity 
                                to be conducted by the eligible 
                                applicant;
                            ``(iii) an explanation of the manner by 
                        which the practices described in clause (ii)(V) 
                        are expected to achieve each remediation goal 
                        and objective described in clause (ii)(IV);
                            ``(iv) a schedule for the periodic 
                        reporting by the eligible applicant with 
                        respect to any progress in implementing the 
                        remediation plan;
                            ``(v) a budget for the remediation plan 
                        that includes a description of each funding 
                        source that will support the implementation of 
                        the remediation plan, including--
                                    ``(I) each practice described in 
                                clause (ii)(VIII);
                                    ``(II) each action described in 
                                clause (ii)(IV)(bb); and
                                    ``(III) each monitoring or other 
                                appropriate activity described in 
                                clause (ii)(VII); and
                            ``(vi) any other additional information 
                        requested by the Administrator to clarify the 
                        remediation plan and each proposed activity 
                        covered by the remediation plan.
                    ``(C) Certification of plan.--An application for a 
                Good Samaritan discharge permit submitted by an 
                eligible applicant to a permitting authority under 
                subparagraph (B) shall be signed and certified in a 
                manner consistent with section 122.22 of title 40, Code 
                of Federal Regulations.
                    ``(D) Investigative measures.--
                            ``(i) In general.--A Good Samaritan 
                        discharge permit may include a program of 
                        investigative measures to be completed prior to 
                        the remediation of the inactive or abandoned 
                        mine site that is the subject of the permit if 
                        the permitting authority, upon the receipt of 
                        the application of an eligible applicant for a 
                        Good Samaritan discharge permit, determines the 
                        program of investigative measures to be 
                        appropriate.
                            ``(ii) Program requirements.--Any water 
                        sampling included in the program of 
                        investigative measures described in clause (i) 
                        shall be conducted by an eligible applicant in 
                        accordance with any applicable method described 
                        in part 136 of title 40, Code of Federal 
                        Regulations.
                            ``(iii) Requirements relating to samples.--
                        In conducting a program of investigative 
                        measures described in clause (i), an eligible 
                        applicant shall--
                                    ``(I) ensure that each sample 
                                collected under the program is 
                                representative of the conditions 
                                present at the inactive or abandoned 
                                mine site that is the subject of the 
                                program; and
                                    ``(II) retain records of all 
                                sampling events for a period of not 
                                less than 3 years.
                            ``(iv) Initial plan.--
                                    ``(I) In general.--If an eligible 
                                applicant proposes to conduct a program 
                                of investigative measures, the eligible 
                                applicant shall submit to the 
                                permitting authority a plan that 
                                contains, to the extent known by the 
                                eligible applicant as of the date on 
                                which the eligible applicant submits 
                                the application--
                                            ``(aa) each description 
                                        required under subclauses (I), 
                                        (II), and (IV) through (VIII) 
                                        of subparagraph (B)(ii);
                                            ``(bb) the explanation 
                                        required under subparagraph 
                                        (B)(iii);
                                            ``(cc) the schedule 
                                        required under subparagraph 
                                        (B)(iv); and
                                            ``(dd) the budget required 
                                        under subparagraph (B)(v).
                                    ``(II) Responsibility to supplement 
                                descriptions.--An eligible applicant 
                                that conducts a program of 
                                investigative measures shall, based on 
                                the results of the program, supplement 
                                each item described in subclause (I), 
                                as necessary.
                            ``(v) Report of results.--The results of 
                        the program of investigative measures shall 
                        be--
                                    ``(I) detailed in a report for the 
                                permitting agency; and
                                    ``(II) made available by the 
                                applicant to any member of the public 
                                that requests the report.
                            ``(vi) Permit modification.--Based upon the 
                        results of the investigative measures, a Good 
                        Samaritan discharge permit may be modified 
                        pursuant to the permit procedures described in 
                        this subsection.
                            ``(vii) Option to decline remediation.--A 
                        Good Samaritan discharge permit may allow the 
                        permittee to decline to undertake remediation 
                        based on the results of the investigative 
                        sampling program, if--
                                    ``(I) the program of investigative 
                                measures is authorized under this 
                                subparagraph; and
                                    ``(II) the activities under the 
                                program of investigative measures have 
                                not resulted in surface water quality 
                                conditions, taken as a whole, that are 
                                worse than the baseline condition of 
                                bodies of water described in 
                                subparagraph (B)(ii)(I).
                    ``(E) Review of application.--
                            ``(i) Initial review.--The permitting 
                        authority shall--
                                    ``(I) review each application 
                                submitted by an eligible applicant for 
                                a Good Samaritan discharge permit;
                                    ``(II) provide to the public, with 
                                respect to the Good Samaritan discharge 
                                permit--
                                            ``(aa) notice and a 
                                        reasonable opportunity to 
                                        comment; and
                                            ``(bb) a public hearing;
                                    ``(III) if the Administrator is the 
                                permitting authority, provide a copy of 
                                the application to each affected State, 
                                Indian tribe, and other Federal agency; 
                                and
                                    ``(IV) determine whether the 
                                application for the Good Samaritan 
                                discharge permit meets each requirement 
                                described in subparagraph (B).
                            ``(ii) Requirements not met.--If the 
                        permitting authority determines that an 
                        application for a Good Samaritan discharge 
                        permit does not meet each requirement described 
                        in subparagraph (B), the permitting authority 
                        shall--
                                    ``(I) notify the eligible applicant 
                                that the application is disapproved and 
                                explain the reasons for the 
                                disapproval; and
                                    ``(II) allow the eligible applicant 
                                to submit a revised application.
                            ``(iii) Requirements met.--If the 
                        permitting authority determines that an 
                        application for a Good Samaritan discharge 
                        permit meets each requirement described in 
                        subparagraph (B), the permitting authority 
                        shall notify the eligible applicant that the 
                        application is accepted.
                    ``(F) Permit issuance.--After notice and 
                opportunity for public comment with respect to a Good 
                Samaritan discharge permit proposed by a permitting 
                authority to be issued under this subsection (including 
                any additional requirement that the permitting 
                authority determines would facilitate the 
                implementation of this subsection), the permitting 
                authority may issue a permit to an eligible applicant 
                if--
                            ``(i) the permitting authority determines 
                        that--
                                    ``(I) relative to the resources 
                                identified by the eligible applicant 
                                for funding the proposed remediation 
                                activity, the eligible applicant has 
                                made a reasonable effort to identify 
                                identifiable owners or operators under 
                                subparagraph (B)(ii)(III);
                                    ``(II) no identifiable owner or 
                                operator exists (except, with respect 
                                to Federal land, where the only 
                                identifiable owner or operator is the 
                                Federal Government);
                                    ``(III) taking into consideration 
                                each funding source (including the 
                                amount of each funding source) 
                                identified by the eligible applicant 
                                for the proposed remediation activity 
                                in accordance with subparagraph (B)(v), 
                                the remediation plan of the eligible 
                                applicant demonstrates that the 
                                implementation of the remediation plan 
                                will--
                                            ``(aa) assist in the 
                                        attainment of applicable water 
                                        quality standards to the extent 
                                        reasonable and practicable 
                                        under the circumstances; and
                                            ``(bb) not result in water 
                                        quality that is worse than the 
                                        baseline water condition 
                                        described in subparagraph 
                                        (B)(ii)(I);
                                    ``(IV) the eligible applicant has 
                                provided adequate evidence of financial 
                                resources that will enable the eligible 
                                applicant to complete the proposed 
                                project of the eligible applicant; and
                                    ``(V) the proposed project of the 
                                eligible applicant meets the 
                                requirements of this section;
                            ``(ii) any Federal, State, or tribal land 
                        management agency with jurisdiction over any 
                        inactive or abandoned mine site that is the 
                        subject of the proposed permit, or any public 
                        trustee for natural resources affected by 
                        historic mine residue associated with any 
                        inactive or abandoned mine site that is the 
                        subject of the proposed permit, does not object 
                        to the issuance of the permit; and
                            ``(iii) if the Administrator is the 
                        permitting authority, the affected State or 
                        Indian tribe concurs with the issuance of the 
                        permit.
                    ``(G) Deadline relating to approval or denial of 
                application.--Not later than 180 days after the date of 
                receipt by a permitting authority of an application for 
                a Good Samaritan discharge permit that the permitting 
                authority determines to be complete, the permitting 
                authority shall--
                            ``(i) issue to the eligible applicant a 
                        Good Samaritan discharge permit; or
                            ``(ii) deny the application of the eligible 
                        applicant for a Good Samaritan discharge 
                        permit.
                    ``(H) Modification of permit.--
                            ``(i) Approval and disapproval process.--In 
                        accordance with clause (ii), after the date of 
                        receipt by a permitting authority of a written 
                        request by a permittee to modify the Good 
                        Samaritan discharge permit of the permittee, 
                        the permitting authority shall approve or 
                        disapprove the request for modification.
                            ``(ii) Permit modification.--A permit 
                        modification that is approved by a permitting 
                        authority under this subparagraph shall be--
                                    ``(I) by agreement between the 
                                permittee and the permitting authority 
                                and, if the Administrator is the 
                                permitting authority, the affected 
                                State or Indian tribe;
                                    ``(II) subject to--
                                            ``(aa) a period of public 
                                        notice and comment; and
                                            ``(bb) a public hearing;
                                    ``(III) in compliance with each 
                                standard described in subparagraph 
                                (F)(i)(III); and
                                    ``(IV) immediately reflected in, 
                                and applicable to, the Good Samaritan 
                                discharge permit.
            ``(4) Contents of permits.--
                    ``(A) In general.--A Good Samaritan discharge 
                permit shall--
                            ``(i) contain--
                                    ``(I) a remediation plan approved 
                                by the permitting authority; and
                                    ``(II) any additional requirement 
                                that the permitting authority 
                                establishes by regulation under 
                                paragraph (10); and
                            ``(ii) provide for compliance with, and 
                        implementation of, the remediation plan and any 
                        additional requirement described in clause 
                        (i)(II).
                    ``(B) Scope.--A Good Samaritan discharge permit 
                shall authorize only those activities that are required 
                for the remediation of historic mine residue at an 
                inactive or abandoned mine site, as determined by the 
                permitting authority.
                    ``(C) Review.--A Good Samaritan discharge permit 
                shall contain a schedule for review, to be conducted by 
                the permitting authority, to determine compliance by 
                the permittee with each condition and limitation of the 
                permit.
            ``(5) Effect of permit compliance.--
                    ``(A) Compliance with act.--
                            ``(i) In general.--A Good Samaritan 
                        discharge permit issued under this subsection 
                        shall authorize the permittee, and any 
                        cooperating persons, to carry out each activity 
                        described in the Good Samaritan discharge 
                        permit.
                            ``(ii) Compliance with permit.--Compliance 
                        by the permittee, and any cooperating persons, 
                        with respect to the Good Samaritan discharge 
                        permit shall constitute compliance with this 
                        Act.
                    ``(B) Scope of liability.--Except as provided in 
                paragraph (6), the issuance of a Good Samaritan 
                discharge permit to a permittee relieves the permittee, 
                and any cooperating person, of each obligation and 
                liability under this Act.
            ``(6) Failure to comply.--If a permittee, or any 
        cooperating person fails to comply with any condition or 
        limitation of the permit, the permittee, or cooperating person, 
        shall be subject to liability only under section 309.
            ``(7) Termination of permit.--
                    ``(A) In general.--A permitting authority shall 
                terminate a Good Samaritan discharge permit if--
                            ``(i) the permittee successfully completes 
                        the implementation of the remediation plan; or
                            ``(ii)(I) any discharge covered by the Good 
                        Samaritan discharge permit becomes subject to a 
                        permit issued for other development that is not 
                        part of the implementation of the remediation 
                        plan;
                            ``(II) the permittee seeking termination of 
                        coverage, and any cooperating person with 
                        respect to the remediation plan of the 
                        permittee, is not a participant in the 
                        development; and
                            ``(III) the permitting authority, upon 
                        request of the permittee, agrees that the 
                        permit should be terminated.
                    ``(B) Unforseen circumstances.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the permitting authority, in 
                        cooperation with the permittee, shall seek to 
                        modify a Good Samaritan discharge permit to 
                        take into account any event or condition 
                        encountered by the permittee if the event or 
                        condition encountered by the permittee--
                                    ``(I) significantly reduces the 
                                feasibility, or significantly increases 
                                the cost, of completing the remediation 
                                project that is the subject of the Good 
                                Samaritan discharge permit;
                                    ``(II) was not--
                                            ``(aa) contemplated by the 
                                        permittee; or
                                            ``(bb) taken into account 
                                        in the remediation plan of the 
                                        permittee; and
                                    ``(III) is beyond the control of 
                                the permittee, as determined by the 
                                permitting authority.
                            ``(ii) Exception.--If a permittee described 
                        in clause (i) does not agree to a modification 
                        of the Good Samaritan discharge permit of the 
                        permittee, or the permitting authority 
                        determines that remediation activities 
                        conducted by the permittee pursuant to the 
                        permit have resulted or will result in surface 
                        water quality conditions that, taken as a 
                        whole, are or will be worse than the baseline 
                        water conditions described in paragraph 
                        (3)(B)(ii)(I), the permitting authority shall 
                        terminate the permit.
                    ``(C) No enforcement liability.--
                            ``(i) Discharges.--Subject to clause (ii), 
                        and except as provided in clause (iii), the 
                        permittee of a permit, or a cooperating person 
                        with respect to the remediation plan of the 
                        permittee, shall not be subject to enforcement 
                        under any provision of this Act for liability 
                        for any past, present, or future discharges at 
                        or from the abandoned or inactive mining site 
                        that is the subject of the permit.
                            ``(ii) Other parties.--Clause (i) does not 
                        limit the liability of any person that is not 
                        described in clause (i).
                            ``(iii) Violation of permit prior to 
                        termination.--The discharge of liability for a 
                        permittee of a permit, or a cooperating person 
                        with respect to the remediation plan of the 
                        permittee, under clause (i) shall not apply 
                        with respect to any violation of the permit 
                        that occurs before the date on which the permit 
                        is terminated.
            ``(8) Limitations.--
                    ``(A) Emergency powers.--Nothing in this subsection 
                limits the authority of the Administrator to exercise 
                any emergency power under section 504 with respect to 
                persons other than a permittee and any cooperating 
                persons.
                    ``(B) Prior violations.--
                            ``(i) Actions and relief.--Except as 
                        provided in clause (ii), with respect to a 
                        violation of this subsection or section 301(a) 
                        committed by any person prior to the issuance 
                        of a Good Samaritan discharge permit under this 
                        subsection, the issuance of the Good Samaritan 
                        discharge permit does not preclude any 
                        enforcement action under section 309.
                            ``(ii) Exceptions.--
                                    ``(I) Scope of permit.--If a Good 
                                Samaritan discharge permit covers 
                                remediation activities carried out by 
                                the permittee on a date before the 
                                issuance of the Good Samaritan 
                                discharge permit, clause (i) shall not 
                                apply to any action that is based on 
                                any condition that results from the 
                                remediation activities.
                                    ``(II) Other parties.--A permittee 
                                shall not be subject to any action 
                                under sections 309 or 505 for any 
                                violation committed by any other party.
                    ``(C) Obligations of states and indian tribes.--
                Except as otherwise provided in this section, nothing 
                in this subsection limits any obligation of a State or 
                Indian tribe described in section 303.
                    ``(D) Other development.--
                            ``(i) In general.--Any development of an 
                        inactive or abandoned mine site (including any 
                        activity relating to mineral exploration, 
                        processing, beneficiation, or mining), 
                        including development by a permittee or any 
                        cooperating person, not authorized in a permit 
                        issued by the permitting authority under this 
                        subsection shall be subject to this Act.
                            ``(ii) Commingling of discharges.--The 
                        commingling of any other discharge or water 
                        with any discharge or water subject to a Good 
                        Samaritan discharge permit issued under this 
                        subsection shall not limit or reduce the 
                        liability of any person associated with the 
                        water or discharge that is not subject to the 
                        Good Samaritan discharge permit.
                    ``(E) Recoverable value.--A Good Samaritan to whom 
                a permit is issued may sell or use materials recovered 
                during the implementation of the plan only if the 
                proceeds of any such sale are used to defray the costs 
                of--
                            ``(i) remediation of the site addressed in 
                        the permit; or
                            ``(ii) voluntary remediation of any other 
                        inactive or abandoned mine site covered by a 
                        permit issued under this section.
                    ``(F) State certification.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), to the extent that this subsection 
                        relates to water quality standards, 
                        certification under section 401 shall not apply 
                        to any Good Samaritan discharge permit issued 
                        under this subsection.
                            ``(ii) Exception.--In any case in which 
                        certification under section 401 would otherwise 
                        be required, no Good Samaritan discharge permit 
                        shall be issued by a permitting authority under 
                        this subsection without the concurrence of--
                                    ``(I) the State in which the site 
                                of the discharge is located; or
                                    ``(II) the Indian tribe that 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 discharge, including any 
                discharge associated with the remediation of an 
                inactive or abandoned mine site with respect to 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.).
            ``(9) Liability of other parties.--Nothing in this 
        subsection (including any result caused by any action taken by 
        a permittee or a cooperating person) limits the liability of 
        any person other than a permittee or a cooperating person under 
        this Act or any other law.
            ``(10) Regulations.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 1 year after the date of enactment of this 
                subsection, after providing for public notice and an 
                opportunity to comment and a public hearing, the 
                Administrator, in consultation with the Secretary of 
                the Interior and the Secretary of Agriculture, and 
                appropriate State, tribal, and local officials, shall 
                promulgate regulations to establish--
                            ``(i) generally applicable requirements for 
                        remediation plans described in paragraph 
                        (3)(B); and
                            ``(ii) any other requirement that the 
                        Administrator determines to be necessary.
                    ``(B) Specific requirements before promulgation of 
                regulations.--Before the date on which the 
                Administrator promulgates regulations under 
                subparagraph (A), a permitting authority may establish, 
                on a case-by-case basis, specific requirements that the 
                permitting authority determines would facilitate the 
                implementation of this subsection with respect to a 
                Good Samaritan discharge permit issued to a permittee.
            ``(11) Funding.--
                    ``(A) Eligibility for section 319 grants.--A 
                permittee shall be eligible to apply for a grant under 
                section 319(h).
                    ``(B) Grants.--Subject to the availability of 
                appropriated funds, the Administrator may award to any 
                permittee a grant to assist the permittee in 
                implementing a remediation plan with respect to a Good 
                Samaritan discharge permit of the permittee.
            ``(12) Report to congress.--
                    ``(A) In general.--Not later than 1 year before the 
                date of termination of the authority of the permitting 
                authority under paragraph (13), the Administrator shall 
                submit to Congress a report describing the activities 
                authorized by this subsection.
                    ``(B) Contents.--The report required under 
                subparagraph (A) shall contain, at a minimum--
                            ``(i) a description of--
                                    ``(I) each Good Samaritan discharge 
                                permit issued under this subsection;
                                    ``(II) each permittee;
                                    ``(III) each inactive or abandoned 
                                mine site addressed by a Good Samaritan 
                                discharge permit issued under this 
                                subsection (including each body of 
                                water and the baseline water quality of 
                                each body of water affected by each 
                                inactive or abandoned mine site);
                                    ``(IV) the status of the 
                                implementation of each remediation plan 
                                associated with each Good Samaritan 
                                discharge permit issued under this 
                                subsection (including specific progress 
                                that each remediation activity 
                                conducted by a permittee pursuant to 
                                each Good Samaritan discharge permit 
                                has made toward achieving the goals and 
                                objectives of the remediation plan); 
                                and
                                    ``(V) each enforcement action taken 
                                by the Administrator or applicable 
                                State or Indian tribe concerning a Good 
                                Samaritan discharge permit issued under 
                                this subsection (including the 
                                disposition of the action);
                            ``(ii) a summary of each remediation plan 
                        associated with a Good Samaritan discharge 
                        permit issued under this subsection, 
                        including--
                                    ``(I) the goals and objectives of 
                                the remediation plan;
                                    ``(II) the budget of the activities 
                                conducted pursuant to the remediation 
                                plan; and
                                    ``(III) the practices to be 
                                employed by each permittee in 
                                accordance with the remediation plan of 
                                the permittee to reduce, control, 
                                mitigate, or eliminate adverse impacts 
                                to the quality of applicable bodies of 
                                water; and
                            ``(iii) any recommendations that may be 
                        proposed by the Administrator to modify any law 
                        (including this subsection and any regulation 
                        promulgated under paragraph (10)) to facilitate 
                        the improvement of water quality through the 
                        remediation of inactive or abandoned mine 
                        sites.
            ``(13) Termination of authority.--The authority granted to 
        the permitting authority under this subsection to issue Good 
        Samaritan discharge permits 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 subsection, shall not be affected thereby.''.
                                 <all>