[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3843 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 556
114th CONGRESS
  2d Session
                                H. R. 3843

                      [Report No. 114-717, Part I]

 To authorize for a 7-year period the collection of claim location and 
               maintenance fees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2015

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

                           September 6, 2016

        Additional sponsors: Mr. Young of Alaska and Mr. Tipton

                           September 6, 2016

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 6, 2016

  The Committees on Transportation and Infrastructure and Energy and 
 Commerce discharged; committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on October 
                               28, 2015]


_______________________________________________________________________

                                 A BILL


 
 To authorize for a 7-year period the collection of claim location and 
               maintenance fees, 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 ``Locatable Minerals Claim Location 
and Maintenance Fees Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is the following:

Sec. 1. Short title.
Sec. 2. Table of contents.

          TITLE I--MINING CLAIM LOCATION AND MAINTENANCE FEES

Sec. 101. Definitions.
Sec. 102. Claim location and maintenance fees.
Sec. 103. Mining claim validity exams and mineral reports for areas 
                            segregated or withdrawn from mineral entry.
Sec. 104. Authorization of appropriations.
Sec. 105. Mineral potential reports and mining claim validity exams.
Sec. 106. United States mineral deposit database.

  TITLE II--DEPARTMENT OF THE INTERIOR INACTIVE AND ABANDONED NONCOAL 
                           MINE LANDS PROGRAM

Sec. 201. Definitions.
Sec. 202. Establishment of inactive and abandoned noncoal mine lands 
                            program.
Sec. 203. Inactive and abandoned mine land program partners.
Sec. 204. Priority sites for Good Samaritan projects on Federal lands.
Sec. 205. Authorization of appropriations.

     TITLE III--GOOD SAMARITAN REMEDIATION OF ABANDONED MINE LANDS

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Permits for remediation of inactive or abandoned mine lands 
                            by Good Samaritans.
Sec. 304. State or tribal programs.
Sec. 305. Enforcement.
Sec. 306. Grants eligibility.
Sec. 307. Construction of the National Environmental Policy Act of 
                            1969.
Sec. 308. Use of projects to meet offsite mitigation requirements.
Sec. 309. State and tribal reclamation plans under the Surface Mining 
                            Control and Reclamation Act of 1977.
Sec. 310. Savings provisions.
Sec. 311. Sunset.

          TITLE I--MINING CLAIM LOCATION AND MAINTENANCE FEES

SEC. 101. DEFINITIONS.

    In this title:
            (1) Claim.--The term ``claim'' means an unpatented lode 
        mining claim, placer claim, mill site, or tunnel site located 
        under the general mining laws.
            (2) Claim holder and claimant.--The terms ``claim holder'' 
        and ``claimant'' mean the owner or holder of a claim.
            (3) Certified mineral examiner.--The term ``Certified 
        Mineral Examiner'' means an employee of the Federal Government 
        who--
                    (A) possesses sufficient college education to 
                qualify as a geologist, mining engineer, or 
                metallurgical engineer; and
                    (B) has completed training specified by the Chief 
                Mineral Examiner of the Bureau of Land Management, 
                Department of the Interior.
            (4) Certified review mineral examiner.--The term 
        ``Certified Review Mineral Examiner'' means a Certified Mineral 
        Examiner who is determined by the Bureau of Land Management 
        Mineral Examiner Certification Panel to possess an additional 
        breadth of training and experience that is sufficient to review 
        mineral potential reports and mining claim validity exam 
        reports.
            (5) Federal lands.--The term ``Federal lands'' means lands 
        and interests in lands owned by the United States that are open 
        to mineral entry and location, or that were open to mineral 
        entry and location at the time of entry or location.
            (6) General mining laws.--The term ``general mining laws'' 
        means those Acts that generally comprise chapters 2, 11, 12, 
        12A, 15, and 16, and sections 161 and 162, of title 30, United 
        States Code, all Acts that are amendatory of or supplementary 
        to any of the foregoing Acts, and the judicial and 
        administrative decisions interpreting such Acts.
            (7) Locatable minerals.--The term ``locatable minerals'' 
        means those minerals held by the United States and not subject 
        to disposition under--
                    (A) the Mineral Leasing Act (30 U.S.C. 181 et 
                seq.);
                    (B) the Geothermal Steam Act of 1970 (30 U.S.C. 
                1001 et seq.);
                    (C) the Materials Act of 1947 (30 U.S.C. 601 et 
                seq.); or
                    (D) the Mineral Leasing Act for Acquired Lands (30 
                U.S.C. 351 et seq.).
            (8) Mineral activities.--The term ``mineral activities'' 
        means any activity on Federal lands under a claim with or 
        without a discovery, or off of claims, for mineral prospecting, 
        exploration, development, mining, extraction, milling, 
        beneficiation, processing, storage of mined or processed 
        materials, or reclamation activities for any locatable mineral 
        and uses that are reasonably incident thereto, including the 
        construction and use of roads, transmission lines, water wells, 
        pipelines, utility corridors, and other means of access across 
        Federal lands for ancillary facilities used in conjunction with 
        such activity.
            (9) Mineral potential report.--The term ``mineral potential 
        report'' means a report described in section 204(c)(2)(12) of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1714(c)(2)(12)).
            (10) Mining claim validity exam.--The term ``mining claim 
        validity exam'' means an examination of a mining claim to 
        determine if it establishes a valid existing right in a 
        valuable mineral deposit (as that term is used in section 2319 
        of the Revised Statutes (30 U.S.C. 22)).
            (11) Person.--The term ``person'' means an individual, 
        partnership, association, society, joint venture, joint stock 
        company, firm, company, limited liability company, corporation, 
        cooperative, or other organization, and any instrumentality of 
        State or local government, including any publicly owned utility 
        or publicly owned corporation of State or local government.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, unless otherwise specified.
            (13) United states mineral deposit database project.--The 
        term ``United States Mineral Deposit Database Project'' means 
        the interactive database of mines and mineral deposits in the 
        United States administered by the United States Geological 
        Survey Mineral Resources Program.

SEC. 102. CLAIM LOCATION AND MAINTENANCE FEES.

    (a) Location Fee.--For each claim located after the date of 
enactment of this Act, a claimant shall pay the Secretary a location 
fee of $37 not later than 90 days after the date of location, at the 
time the location notice is recorded with the Bureau of Land 
Management.
    (b) Annual Claim Maintenance Fee.--Commencing the first calendar 
year after the date of enactment of this Act, a claimant shall pay the 
Secretary on or before September 1 of each year, a claim maintenance 
fee of $155 per 20.66-acre claim or fraction thereof to maintain the 
claim for the following assessment year beginning at noon on September 
1. Payment of such claim maintenance fee shall be in lieu of the 
assessment work requirement contained in the general mining laws and 
the related filing requirements contained in subsections (a) and (c) of 
section 314 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1744).
    (c) Waiver for Holders of 10 or Fewer Claims.--
            (1) In general.--The claim maintenance fee required under 
        this section shall be waived for a claimant who certifies in 
        writing to the Secretary that on the date the payment was due--
                    (A) the claimant was--
                            (i) the holder of not more than 10 lode 
                        claims on Federal lands; or
                            (ii) an association that held less than or 
                        equal to 320 acres; and
                    (B) the claimant has performed assessment work 
                sufficient to maintain the claims held by the claimant 
                for the assessment year ending on noon of September 1 
                of the calendar year in which the claim maintenance fee 
                payment was due.
            (2) Holder.--As used in paragraph (1), the term ``holder'' 
        includes--
                    (A) the claimant;
                    (B) the spouse and dependent children (as defined 
                in section 152 of the Internal Revenue Code of 1986) of 
                the claimant; and
                    (C) a person affiliated with the claimant, 
                including--
                            (i) a person controlled by, controlling, or 
                        under common control with the claimant; and
                            (ii) a subsidiary or parent company or 
                        corporation of the claimant.
            (3) Certification processing fee.--The Secretary shall 
        charge a certification processing fee of $30 for the filing of 
        a certification under this subsection.
    (d) Suspension of Claim Maintenance and Waiver of Cost Recovery 
Fees.--
            (1) Claim maintenance fee.--The claim maintenance fees 
        required under this section shall be suspended for any claims 
        of a claimant for an area that was open to mineral entry and 
        location at the time of entry or location that has subsequently 
        been segregated or withdrawn from mineral entry and location by 
        order of the Secretary or a law enacted after the date of the 
        enactment of this Act until such time as the area is reopened 
        to mineral entry, or the claimant has submitted a notice or 
        permit to explore or develop his or her claims or is actively 
        mining.
            (2) Cost recovery fees.--The fees required by part 3000 of 
        title 43, Code of Federal Regulations, as in effect on the date 
        of enactment of this Act, and any substantially similar fee 
        charged for a mining claim validity exam, shall be waived for 
        any claimant with claims in an area that was open to mineral 
        entry and location at the time of claim location that has 
        subsequently been segregated or withdrawn from mineral entry 
        and location by order of the Secretary or a law enacted after 
        the date of the enactment of this Act.
    (e) Effects of Payment.--
            (1) In general.--Timely payment of the location and claim 
        maintenance fees under this section secures the rights of the 
        holder of a mining claim against the Federal Government both 
        prior to and after discovery of valuable mineral deposits, to 
        use and occupy Federal lands under the provisions of the 
        general mining laws for all mineral activities. This section 
        shall not be construed to amend section 910 of the Revised 
        Statutes (30 U.S.C. 53) or in any way affect the law of 
        possession or the doctrine of pedis possessio.
            (2) Waiver of claim maintenance fee.--In the case of a 
        claim holder who qualifies for a waiver of payment of the claim 
        maintenance fee under subsection (c), timely payment of the 
        location fee and compliance with the assessment work required 
        under the general mining laws (30 U.S.C. 28-28e) secures the 
        rights of the holder of a claim, both prior to and after 
        discovery of valuable mineral deposits, to use and occupy 
        Federal lands under the provisions of the general mining laws 
        for all mineral activities.
    (f) Forfeiture of Unpatented Claim for Failure To Pay Maintenance 
Fee.--
            (1) Failure to pay.--Failure to pay a claim maintenance fee 
        or a location fee under this section for an unpatented mining 
        claim shall subject the claim to forfeiture by the claim holder 
        as provided in this subsection.
            (2) Notice.--The Secretary of the Interior shall provide 
        the claim holder--
                    (A) notice of the failure; and
                    (B) the opportunity to correct the failure within 
                45 days after the claim holder's receipt of the notice.
            (3) Amount.--To correct the failure the claim holder must, 
        within such 45-day period, pay twice the amount of claim 
        maintenance fee that would otherwise have been required to be 
        timely paid. The Secretary shall specify the amount that must 
        be paid in the notice under paragraph (2).
            (4) Forfeiture.--Failure by the claim holder to make a 
        timely and proper payment in the amount specified in the 
        notice, within 45 days after the claim holder's receipt of the 
        notice, shall constitute a forfeiture of the mining claim by 
        the claim holder by operation of law.
    (g) Effective Period of Fees.--The fees imposed under this section 
shall apply during the period beginning September 1, 2016, and ending 
August 31, 2022.

SEC. 103. MINING CLAIM VALIDITY EXAMS AND MINERAL REPORTS FOR AREAS 
              SEGREGATED OR WITHDRAWN FROM MINERAL ENTRY.

    All mining claim validity exams shall be completed by Certified 
Mineral Examiners and reviewed by Certified Review Mineral Examiners.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of the 
Interior to carry out mining law administration program operations 
$40,000,000 for each of fiscal years 2016 through 2022.

SEC. 105. MINERAL POTENTIAL REPORTS AND MINING CLAIM VALIDITY EXAMS.

    Mineral potential reports for areas withdrawn from mineral entry, 
and any mining claim validity exam on claims located within those 
areas, must be completed or prepared by a Certified Mineral Examiner 
and reviewed by Certified Review Mineral Examiner.

SEC. 106. UNITED STATES MINERAL DEPOSIT DATABASE.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Director of the United States Geological 
Survey shall enter into separate memoranda of understanding to share 
data for the purpose of expanding and maintaining the United States 
Mineral Deposit Database, with each of--
            (1) the Director of the Bureau of Land Management;
            (2) the Director of the Office of Surface Mining 
        Reclamation and Enforcement; and
            (3) the Chief Forester of the Forest Service.
    (b) Funding.--From amounts available for each of fiscal years 2016 
through 2022 for operations to administer the mining laws, the 
Secretary may use not more than $1,000,000 to support the United States 
Mineral Deposit Database of which not more than 5 percent may be used 
for overhead expenses.

  TITLE II--DEPARTMENT OF THE INTERIOR INACTIVE AND ABANDONED NONCOAL 
                           MINE LANDS PROGRAM

SEC. 201. DEFINITIONS.

    In this title:
            (1) Environmental hazard.--The term ``environmental 
        hazard'' means degradation of air, soil, or water resources 
        resulting from the effects of past mining practices.
            (2) Historic mine residue.--The term ``historic mine 
        residue'' means mine residue, or conditions related to an 
        inactive or abandoned mine site that pollute the environment, 
        resulting from prior mining activities, including--
                    (A) tailings or mine waste piles;
                    (B) abandoned equipment (or materials in such 
                equipment); and
                    (C) acidic or otherwise polluted flows in surface 
                or ground water.
            (3) Inactive and abandoned noncoal mine lands.--The term 
        ``inactive and abandoned noncoal mine lands'' means any 
        location of a noncoal mine, including mill sites and processing 
        sites, that was inactive or abandoned before January 1, 1981, 
        and that--
                    (A) contains historic mine residue;
                    (B) is not owned by any person who caused or 
                contributed to the historic mine residue;
                    (C) was used for the production of a noncoal 
                mineral; and
                    (D) is no longer in operation and is not subject to 
                a temporary shutdown, as determined by the Secretary.
            (4) Physical safety hazard.--The term ``physical safety 
        hazard'' means any dangerous condition or effect resulting from 
        past mining practices, that poses a risk of death or serious 
        injury to the public, livestock, or wildlife.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Water resources.--The term ``water resources'' means 
        any watershed, ground water, water course, or lake.

SEC. 202. ESTABLISHMENT OF INACTIVE AND ABANDONED NONCOAL MINE LANDS 
              PROGRAM.

    (a) Establishment.--There is established in the Department of the 
Interior a program to be known as the Abandoned Noncoal Mine Lands 
Program (referred to in this section as the ``Program''). The Program 
shall be administered by the Secretary of the Interior acting through 
the Director of the Bureau of Land Management.
    (b) Description of Program.--Under the Program, the Secretary 
shall--
            (1) identify, secure, and remediate physical safety hazards 
        and environmental hazards associated with inactive and 
        abandoned noncoal mine lands that are located on, or affecting, 
        Federal public lands, including such hazards on other lands 
        that are adjacent to such Federal lands;
            (2) maintain an inventory of the sites of such inactive and 
        abandoned noncoal mines, affected Federal public lands, and 
        other lands that are adjacent to such Federal public lands, 
        including such sites that have been remediated in whole or in 
        part, and associated water resources; and
            (3) identify the persons, if any, who are responsible for 
        paying the costs to remediate such hazards.
    (c) Priorities.--In securing and remediating hazards under this 
title, the Secretary shall give priority (in the following order of 
priority) to--
            (1) the protection of public health, safety, and general 
        welfare from the adverse effects of inactive and abandoned 
        noncoal mine lands; and
            (2) the reclamation of land and water resources degraded by 
        the adverse effects of such mine lands.

SEC. 203. INACTIVE AND ABANDONED MINE LAND PROGRAM PARTNERS.

    The Secretary, where appropriate, shall seek out Federal agencies 
or departments, State agencies, Indian tribes, nonprofit organizations, 
individuals, and corporations to participate as partners, including 
partners that are Good Samaritans (as that term is defined in title 
III), to facilitate remediation and securing of physical safety or 
environmental hazards under this title.

SEC. 204. PRIORITY SITES FOR GOOD SAMARITAN PROJECTS ON FEDERAL LANDS.

    (a) Identification Required.--Not later than 120 days after the 
date of the enactment of this Act, the Secretary of the Interior, 
acting through the Director of the Bureau of Land Management, and the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, in consultation with other Federal land management agencies, 
shall identify a minimum of 20 priority sites on Federal land 
containing inactive or abandoned mine sites suitable for Good Samaritan 
projects under title III.
    (b) Nominations.--In identifying priority sites under subsection 
(a), the Secretaries shall accept nominations from the public.
    (c) Annual Review.--The Secretaries shall annually review the sites 
identified under subsection (a) and identify additional priority sites 
as appropriate.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$17,000,000 for each of fiscal years 2016 through 2020.

     TITLE III--GOOD SAMARITAN REMEDIATION OF ABANDONED MINE LANDS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Good Samaritan Cleanup of 
Abandoned Mine Lands Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Cooperating person.--The term ``cooperating person'' 
        means any person (other than a Federal agency) that--
                    (A) is a Good Samaritan;
                    (B) assists another Good Samaritan in a remediation 
                project; and
                    (C) is identified as a cooperating person in a 
                permit issued under this title.
            (3) Environmental laws.--The term ``environmental laws'' 
        means--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) and any State law implementing a 
                permit program under section 402(b) or 404(g) of such 
                Act; and
                    (B) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.).
            (4) Federal land management agency.--The term ``Federal 
        land management agency'' means any agency of the Federal 
        Government authorized by statute to exercise jurisdiction, 
        custody, or control over lands of the United States.
            (5) Good samaritan.--The term ``Good Samaritan'' means any 
        person that did not participate in any way in the creation of, 
        or activities that caused, any historic mine residue at the 
        inactive or abandoned mine site and that--
                    (A) has an ownership interest in the inactive or 
                abandoned mine site, but--
                            (i) is not liable or potentially liable for 
                        remediation costs related to the historic mine 
                        residue at the inactive or abandoned mine site, 
                        or affiliated with any other person potentially 
                        so liable through any contractual, corporate, 
                        or financial relationship (other than a 
                        contractual, corporate, or financial 
                        relationship that is created by the instruments 
                        by which the ownership interest in the inactive 
                        or abandoned mine site is conveyed or financed 
                        or by a contract for the sale of goods or 
                        services); and
                            (ii) is not a successor entity to a 
                        business entity that was liable or potentially 
                        liable for such remediation costs;
                    (B) has an ownership interest in the inactive or 
                abandoned mine site that was acquired through the 
                inheritance of a patented mining claim; or
                    (C) has no ownership interest in the inactive or 
                abandoned mine site and had no such an interest at any 
                time during or since the creation of the historic mine 
                residue at the site.
            (6) Historic mine residue.--The term ``historic mine 
        residue'' means mine residue, or conditions related to an 
        inactive or abandoned mine site that pollute the environment, 
        resulting from prior mining activities, including--
                    (A) tailings or mine waste piles;
                    (B) abandoned equipment (or materials in such 
                equipment); and
                    (C) acidic or otherwise polluted flows in surface 
                or ground water.
            (7) Inactive or abandoned mine site.--The term ``inactive 
        or abandoned mine site'' means any mine site, including any 
        mill or processing site, that--
                    (A) contains historic mine residue;
                    (B) is not owned by any person who caused or 
                contributed to the historic mine residue;
                    (C) was used for the production of a mineral-
                bearing ore or coal; and
                    (D) is no longer in operation and is not subject to 
                a temporary shutdown, as determined by the permitting 
                authority.
            (8) Indian country.--The term ``Indian country'' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.
            (9) Indian tribe.--The term ``Indian tribe'' means an 
        Indian tribe that--
                    (A) is federally recognized; or
                    (B) is an Alaska Native Corporation as defined 
                under section 1602 of title 43, United States Code.
            (10) Lead agency.--The term ``lead agency'' means a State 
        or tribal agency designated under section 304(c)(1) as the lead 
        agency responsible for carrying out permitting responsibilities 
        of the State or Indian tribe under this title.
            (11) Offsite mitigation requirement.--The term ``offsite 
        mitigation requirement'' means a requirement imposed under 
        another Federal law to improve, enhance, restore, or create a 
        wetland, stream, or habitat conservation area to offset or 
        compensate for adverse impacts to similar ecosystems resulting 
        from the development of a natural resource or other commercial 
        activity.
            (12) Permitting authority.--The term ``permitting 
        authority'' means the Administrator or, in the case of a State 
        or tribal program authorized by the Administrator under section 
        304, the lead agency.
            (13) Remediation.--The term ``remediation'' means 
        activities to clean up or otherwise mitigate the impacts of 
        historic mine residue.
            (14) State.--The term ``State'' means any of the 50 States 
        of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the United 
        States Virgin Islands, the Commonwealth of the Northern 
        Marianas, and any other territory or possession over which the 
        United States has jurisdiction.

SEC. 303. PERMITS FOR REMEDIATION OF INACTIVE OR ABANDONED MINE LANDS 
              BY GOOD SAMARITANS.

    (a) In General.--A permitting authority may issue a permit to a 
Good Samaritan to carry out a project in accordance with this section.
    (b) Eligible Projects.--
            (1) Purpose of project.--
                    (A) In general.--A permitting authority may issue a 
                permit under this section for a project to improve the 
                environment (including water quality) by carrying out 
                remediation at or related to an inactive or abandoned 
                mine site.
                    (B) Water quality.--A permitting authority shall 
                ensure that remediation carried out pursuant to a 
                permit issued under this section--
                            (i) assists in the attainment of applicable 
                        water quality standards to the extent 
                        reasonable and practicable under the 
                        circumstances; and
                            (ii) does not result in water quality that 
                        is worse than the baseline water condition.
            (2) Limitation on eligibility.--A permitting authority may 
        not issue a permit under this section for a project at or 
        related to a mine site included on the National Priorities List 
        developed by the President in accordance with section 
        105(a)(8)(B) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 
        9605(a)(8)(B)) or a mine site at which the Administrator of the 
        Environmental Protection Agency or another Federal, State, or 
        tribal agency is taking an environmental enforcement or 
        response action, unless the permitting authority determines, 
        after consultation with any other interested agency, that--
                    (A) the proposed project is not inconsistent, and 
                will not interfere, with any other planned remediation 
                at the mine site that is reasonably likely to occur; 
                and
                    (B) the proposed project will accelerate 
                environmental improvements.
    (c) Permit Applications.--
            (1) Contents.--A permitting authority shall require an 
        application for a permit under this section to include--
                    (A) a description of the project site (including 
                the boundaries of the project site and any degraded 
                waters related to the project site);
                    (B) an identification of--
                            (i) any current owner of the property on 
                        which the project is proposed to be carried 
                        out;
                            (ii) any person with a legal right to 
                        exclude other persons from the project site or 
                        affect activities on the project site, with a 
                        description of those legal rights;
                            (iii) for project sites on Federal lands, 
                        the Federal land management agency; and
                            (iv) based on the conduct of an inquiry 
                        that is reasonable under the circumstances--
                                    (I) all persons that may be legally 
                                responsible for remediation of the 
                                project site; and
                                    (II) any relationship between those 
                                persons and the applicant;
                    (C) a description of any contractual ties or other 
                legal relationship between the applicant and all 
                persons with responsibility for compliance with 
                environmental laws at the project site;
                    (D) a general description of the known and 
                identifiable baseline conditions, including conditions 
                existing prior to the commencement of mining 
                activities, as of the date of submission of the 
                application, of the environment affected by the 
                historic mine residue to be remediated, including, if 
                available, any sampling data or information regarding 
                the nature and extent of the effects on the water 
                quality of any body of water caused by the drainage of 
                historic mine residue or other discharges from the 
                inactive or abandoned mine site;
                    (E) a description of--
                            (i) the historic mine residue proposed to 
                        be remediated;
                            (ii) the nature and scope of the proposed 
                        remediation, including--
                                    (I) any proposed recycling or 
                                reprocessing of the historic mine 
                                residue, how the recycling or 
                                reprocessing relates to the 
                                remediation, and where the recycling or 
                                reprocessing will occur; and
                                    (II) the manner in which the 
                                proposed remediation will mitigate the 
                                drainage from the inactive or abandoned 
                                mine site to improve water quality, if 
                                applicable;
                            (iii) the remediation alternatives, if any, 
                        considered in developing the proposed 
                        remediation plan for the project site;
                            (iv) engineering plans for the project, 
                        bearing the seal of a Professional Engineer;
                            (v) in the case of a remediation activity 
                        that requires plugging, opening, or otherwise 
                        altering the portal or adit of an inactive or 
                        abandoned mine, an evaluation of inactive or 
                        abandoned mine site conditions, including an 
                        assessment of any pooled water or hydraulic 
                        pressure in the inactive or abandoned mine;
                            (vi) how any material related to the 
                        inactive or abandoned mine site that is 
                        identified or listed as hazardous waste under 
                        the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                        seq.) will be disposed of;
                            (vii) a monitoring program proposed to be 
                        carried out following completion of the 
                        remediation, if applicable, that will be 
                        implemented to evaluate the effects of the 
                        remediation on the environment; and
                            (viii) the capacity (including technical 
                        and administrative) of the applicant to carry 
                        out the proposed activities and any terms of 
                        the permit for which the application is being 
                        submitted;
                    (F) a plan for any operation and maintenance 
                related to the proposed remediation;
                    (G) a proposed schedule for activities to be 
                carried out under the project, including an expected 
                completion date for the remediation;
                    (H) a budget for the project;
                    (I) evidence satisfactory to the permitting 
                authority that the applicant has sufficient financial 
                resources to ensure that the activities proposed to be 
                carried out by the applicant, including any operation 
                and maintenance activities related to the remediation, 
                will be carried out under the permit;
                    (J) an identification of any cooperating persons 
                and a description of activities proposed to be carried 
                out by such persons;
                    (K) a description of--
                            (i) any recognition for excellence in 
                        environmental compliance, reclamation, or 
                        remediation received by the applicant or any 
                        cooperating person identified under 
                        subparagraph (J); and
                            (ii) the history of any noncompliance with 
                        environmental laws by the applicant or any 
                        cooperating person identified under 
                        subparagraph (J) during the 5-year period 
                        preceding submission of the application;
                    (L) if the applicant intends to use the project to 
                comply with an offsite mitigation requirement, a 
                reference to the offsite mitigation requirement and any 
                related permit; and
                    (M) a specific contingency plan that--
                            (i) includes provisions on emergency 
                        actions, response, and notification; and
                            (ii) is designed to be used in response to 
                        unplanned adverse events, including the sudden 
                        release of historic mine residue.
            (2) Notice requirements.--
                    (A) State, local, and tribal communities.--As soon 
                as practicable after receiving an application under 
                this section, a permitting authority shall provide 
                notice of the application, including a copy of the 
                application, to--
                            (i) each local government located within a 
                        radius of 20 miles of the project site;
                            (ii) each Federal, State, and tribal agency 
                        that the permitting authority determines may 
                        have an interest in the application; and
                            (iii) if the project site lies in the 
                        headwater area of a major drainage basin, local 
                        governments located outside of the 20-mile 
                        radius of the project site that are downstream 
                        of the project site and may be affected by a 
                        discharge resulting from activities carried out 
                        pursuant to the project.
                    (B) Public notice.--Not later than 30 days after 
                receiving an application under this section, a 
                permitting authority shall provide to the public notice 
                of the application.
            (3) Investigative sampling.--
                    (A) In general.--A permitting authority may, upon 
                request, authorize a person to carry out investigative 
                sampling, as determined appropriate by the permitting 
                authority, prior to submitting an application for a 
                permit under this section.
                    (B) Effect of authorization.--An authorization to 
                carry out investigative sampling under this section 
                shall, with respect to the authorized activities, have 
                the same effect as a permit for the purposes of 
                subsection (g).
    (d) Public Participation.--
            (1) Hearing.--Prior to issuing a permit under this section, 
        a permitting authority shall conduct a public hearing in the 
        vicinity of the proposed project site, and shall give public 
        notice of the hearing not later than 30 days before the date of 
        the hearing.
            (2) Draft permit.--The permitting authority shall include a 
        draft permit in the notice of a hearing to be conducted under 
        this section.
            (3) Comments.--The permitting authority shall provide the 
        applicant and the public with the opportunity to--
                    (A) comment on the draft permit at the public 
                hearing; and
                    (B) submit written comments to the permitting 
                authority during the 30-day period following the 
                hearing.
    (e) Permit Issuance.--
            (1) Deadline.--A permitting authority shall issue a permit 
        or deny a permit application under this section not later 
        than--
                    (A) the date that is 180 days after the date on 
                which the permitting authority receives a complete 
                application for the permit, as determined by the 
                permitting authority; or
                    (B) such later date as may be determined by the 
                permitting authority, with the agreement of the 
                applicant.
            (2) Constructive denial.--If the permitting authority does 
        not issue a permit or deny the permit application by the 
        applicable date described in paragraph (1), the application 
        shall be considered to be denied by the permitting authority.
            (3) Agency consultation.--
                    (A) Consultation.--In considering whether to issue 
                a permit for a project to be carried out on Federal 
                lands, a permitting authority shall consult with any 
                applicable Federal land management agency.
                    (B) Objection.--A permitting authority may not 
                issue a permit under this section if--
                            (i) the proposed project site is not a 
                        priority site designated under section 204; and
                            (ii) the permitting authority receives an 
                        objection to the proposed permit from a Federal 
                        land management agency with jurisdiction over 
                        the project site.
    (f) Permit Contents.--
            (1) In general.--A permitting authority shall include in a 
        permit issued under this section--
                    (A) a description of the activities authorized by 
                the permit, including a description of any activities 
                to be carried out by a cooperating person in accordance 
                with paragraph (5);
                    (B) a schedule for the activities to be carried out 
                under the project, in accordance with paragraph (3), 
                including an end date by which the permittee shall 
                complete the permitted activities;
                    (C) conditions requiring the permittee to--
                            (i) secure, for all activities authorized 
                        under the permit, all authorizations, licenses, 
                        and permits required under law;
                            (ii) establish and maintain records, 
                        conduct monitoring (as described in paragraph 
                        (4)), and provide such other information as may 
                        be reasonably necessary to ensure the project 
                        will result in improvement to the environment; 
                        and
                            (iii) minimize any short-term adverse 
                        environmental impacts from the remediation, to 
                        the extent practicable;
                    (D) a right of entry to the project site for the 
                permitting authority to inspect and collect such 
                information as is reasonably necessary to carry out 
                this title;
                    (E) if the project to be carried out under the 
                permit will be used by the permittee to comply with an 
                offsite mitigation requirement, a reference to the 
                offsite mitigation requirement and any related permit; 
                and
                    (F) any other terms and conditions determined 
                appropriate by the permitting authority.
            (2) Benchmarks.--A permitting authority shall ensure that a 
        permit issued under this section is site- and situation-
        specific, relying on pre-mining conditions and conditions 
        existing as of the date of issuance of the permit to determine 
        appropriate water quality or other environmental benchmarks to 
        achieve in carrying out remediation under the permit.
            (3) Timing.--A permitting authority shall require 
        activities authorized by a permit issued under this section 
        to--
                    (A) commence not later than the date that is 1 year 
                after the date on which the permit is issued; and
                    (B) continue until completed, with temporary 
                suspensions permitted during adverse weather or other 
                circumstances, as approved by the permitting authority.
            (4) Monitoring.--
                    (A) In general.--A permitting authority shall 
                require a permittee to take such actions as the 
                permitting authority determines are necessary to 
                ensure, where appropriate, baseline, remedial 
                alternative, and postremediation monitoring of the 
                environment.
                    (B) Administration.--In selecting the type and 
                frequency of monitoring requirements to be included in 
                a permit under this paragraph, the permitting authority 
                shall--
                            (i) balance the utility of information 
                        obtained through monitoring against the cost of 
                        the monitoring, based on the circumstances 
                        relating to the project; and
                            (ii) take into account the scope of the 
                        project.
            (5) Cooperative activities.--A permitting authority may 
        approve in a permit the conduct of project activities by 
        cooperating persons if, as determined by the permitting 
        authority, the cooperative arrangement will effectively 
        accomplish the purposes of this title.
    (g) Effect of Permit.--
            (1) In general.--A person authorized by a permit issued 
        under this section to carry out activities--
                    (A) shall be deemed to be in compliance with 
                environmental laws with respect to such activities; and
                    (B) shall not be liable under environmental laws 
                with respect to such activities, including for any 
                costs or damages deriving from the prior, present, or 
                future activities of others at the project site.
            (2) Limitation.--Paragraph (1) shall not apply if--
                    (A) the person impedes or fails to facilitate a 
                response action, remediation, or other natural resource 
                restoration activity at the project site;
                    (B) the person exacerbates the pollution from 
                historic mine residue as a result of gross negligence 
                or intentional misconduct, in which case the person may 
                be liable under environmental laws for costs or damages 
                resulting from such gross negligence or intentional 
                misconduct; or
                    (C) information supplied to the permitting 
                authority in the permit application is subsequently 
                determined to contain a dishonest, fraudulent, or 
                materially misleading statement or omission, in which 
                case the permit shall be deemed to have been invalid 
                beginning on the date the permit was issued, and shall 
                have no force or effect.
    (h) Administration of Permits.--
            (1) Modification or termination of permits.--
                    (A) Authority.--A permitting authority may--
                            (i) extend the period during which a permit 
                        is valid under procedures established for such 
                        purpose by the permitting authority;
                            (ii) modify or terminate a permit for 
                        cause, including misrepresentation or a 
                        violation of a permit; and
                            (iii) upon the request of the Good 
                        Samaritan, and subject to a 30 day public 
                        notice and comment period, modify a Good 
                        Samaritan permit to take into account any event 
                        or condition that--
                                    (I) significantly reduces the 
                                feasibility or significantly increases 
                                the cost of completing the remediation 
                                work at the inactive or abandoned mine 
                                site that is the subject of the Good 
                                Samaritan permit;
                                    (II) was not--
                                            (aa) contemplated by the 
                                        Good Samaritan; or
                                            (bb) taken into account in 
                                        the remediation plan of the 
                                        Good Samaritan; and
                                    (III) is beyond the control of the 
                                Good Samaritan, as determined by the 
                                permitting authority.
                    (B) Termination.--Unless the permitting authority 
                has extended the period during which a permit is valid, 
                the authority to carry out activities under a permit 
                issued under this section shall terminate--
                            (i) if the activities do not commence by 
                        the date that is 1 year after the date on which 
                        the permit is issued;
                            (ii) if the activities are discontinued or 
                        not completed by the end date specified in the 
                        permit; or
                            (iii) on any other grounds determined 
                        appropriate by the permitting authority.
            (2) Transfer of permits.--A permit may be transferred to 
        another person only if--
                    (A) the appropriate permitting authority determines 
                that the transferee will satisfy all of the 
                requirements of the permit;
                    (B) the transferee is a Good Samaritan;
                    (C) the transferee accepts all of the requirements 
                of the permit;
                    (D) the permitting authority includes in the 
                transferred permit any additional or modified 
                conditions determined to be appropriate by the 
                permitting authority; and
                    (E) any Federal, State, or tribal land management 
                agency with jurisdiction over the project site is 
                notified of the proposed transfer and does not object 
                to the permitting authority before the date that is 30 
                days before the proposed transfer is to take effect.
            (3) Maintenance of records.--A permitting authority shall 
        maintain all records relating to permits and the permit process 
        under this section.
    (i) Other Activities.--A permit issued under this section may not 
authorize any new mining activities other than those activities 
directly related to carrying out remediation at or related to the 
inactive or abandoned mine site.

SEC. 304. STATE OR TRIBAL PROGRAMS.

    (a) In General.--A State or Indian tribe may issue a permit under 
this title if the State or Indian tribe has in effect a Good Samaritan 
permit program approved by the Administrator under this section.
    (b) Application.--
            (1) Submission.--The Governor of any State or the head of 
        an Indian tribe's governing body may submit to the 
        Administrator an application to carry out a Good Samaritan 
        permit program within its jurisdiction at any time.
            (2) Contents.--An application under this section shall 
        include--
                    (A) a full and complete description of the Good 
                Samaritan permit program it proposes to administer 
                under State or tribal law; and
                    (B) a statement from the State Attorney General, 
                or, for an Indian tribe, the equivalent official 
                authorized to represent the tribe in court pertaining 
                to the application, that the laws of the State or 
                Indian tribe provide sufficient legal authority to 
                carry out the described program.
            (3) Approval.--Not later than 120 days after receiving an 
        application submitted under this subsection, the Administrator 
        shall approve the Good Samaritan permit program unless the 
        Administrator determines that the requirements of this section 
        are not met.
    (c) Requirements.--To meet the requirements of this section, a 
State or Indian tribe shall--
            (1) designate a lead agency that is responsible for 
        carrying out permitting responsibilities under this section; 
        and
            (2) have in effect laws providing sufficient legal 
        authority to carry out a Good Samaritan permit program in 
        accordance with this title.
    (d) Delegation of Authority.--Upon approval of a State or tribal 
Good Samaritan permit program under this section, the Administrator 
shall transfer all authority to issue permits under this title for the 
State or relevant area of Indian country to the lead agency designated 
under subsection (c)(1).
    (e) Administration.--A State or tribal Good Samaritan permit 
program approved under this section shall be administered in accordance 
with this title, except that nothing in this title precludes a State or 
Indian tribe from imposing more stringent requirements on permit 
applicants or permittees.

SEC. 305. ENFORCEMENT.

    (a) In General.--A permitting authority may enforce any violation 
of this title, with respect to which the permitting authority has 
jurisdiction, by--
            (1) issuing an order to comply with the violated provision; 
        or
            (2) commencing a civil action for appropriate relief, 
        including a permanent or temporary injunction.
    (b) Minimum Requirement.--In the event of a permit violation, and 
absent extraordinary circumstances, the court shall, at a minimum, 
require the person to repair, to the extent practicable, the damage to 
any part of the environment caused by an action of the person in 
violation of the permit.
    (c) Civil Penalty.--Any person who violates this title shall be 
subject to a civil penalty of up to $5,000 for each day of the 
violation (except in cases of knowing conduct, in which case the civil 
penalty shall be $32,500 for each day of the violation).

SEC. 306. GRANTS ELIGIBILITY.

    A project authorized by a permit issued under this title is 
eligible for funding pursuant to section 319 of the Federal Water 
Pollution Control Act (33 U.S.C. 1329).

SEC. 307. CONSTRUCTION OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 
              1969.

    No action of the Administrator taken pursuant to this title shall 
be required to comply with section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332).

SEC. 308. USE OF PROJECTS TO MEET OFFSITE MITIGATION REQUIREMENTS.

    A project authorized by a permit issued under this title shall be 
considered to satisfy all or part of any offsite mitigation requirement 
of the permittee, upon approval by the authority imposing the offsite 
mitigation requirement.

SEC. 309. STATE AND TRIBAL RECLAMATION PLANS UNDER THE SURFACE MINING 
              CONTROL AND RECLAMATION ACT OF 1977.

    No State or Indian tribe conducting remediation of an inactive or 
abandoned mine site pursuant to an approved State or tribal abandoned 
mine reclamation plan approved under title IV of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) shall, 
with respect to the remediation activities, be required to obtain a 
permit under the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.).

SEC. 310. SAVINGS PROVISIONS.

    (a) Emergency Authority.--Nothing in this title affects the 
authority of a Federal, State, tribal, or local agency to carry out any 
emergency authority, including an emergency authority under 
environmental laws.
    (b) Liability Under Other Laws.--Except as provided in section 
303(g), nothing in this title or a permit issued under this title 
limits the liability of any person under any other provision of law.

SEC. 311. SUNSET.

    (a) In General.--No permitting authority may issue a permit under 
this title after the date that is 7 years after the date of enactment 
of this title.
    (b) Study; Report.--
            (1) Study.--Not earlier than 5 years after the date of 
        enactment of this title, the Administrator, the Secretary of 
        the Interior, and the Secretary of Agriculture, in consultation 
        with the Interstate Mining Compact Commission, shall enter into 
        an arrangement with the National Academy of Sciences, for 
        execution by the Board on Earth Sciences and Resources, to 
        conduct a detailed, comprehensive study of the effectiveness of 
        the permitting activities carried out under this title.
            (2) Report.--Not later than 7 years after the date of 
        enactment of this title, the Board on Earth Sciences and 
        Resources shall submit to Congress, the appropriate Federal 
        agencies, and the Governors of each of the States represented 
        by the Interstate Mining Compact Commission a report 
        containing--
                    (A) the results of the study conducted under 
                paragraph (1); and
                    (B) any recommendations regarding whether the 
                permitting activities carried out under this title 
                should be reauthorized and, if so, any changes that 
                should be made to improve the effectiveness of the 
                activities.
            (3) Funding.--From the funds collected as claim location 
        fees and maintenance fees under section 102, the Secretary of 
        the Interior shall provide to the National Academy of Sciences 
        such funds as it requests, not to exceed $2,000,000, for the 
        purpose of conducting the study required under this section.
                                                 Union Calendar No. 556

114th CONGRESS

  2d Session

                               H. R. 3843

                      [Report No. 114-717, Part I]

_______________________________________________________________________

                                 A BILL

 To authorize for a 7-year period the collection of claim location and 
               maintenance fees, and for other purposes.

_______________________________________________________________________

                           September 6, 2016

   Reported from the Committee on Natural Resources with an amendment

                           September 6, 2016

  The Committees on Transportation and Infrastructure and Energy and 
 Commerce discharged; committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed