[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3727 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3727

    To promote remediation of orphan hardrock mines, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2018

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

_______________________________________________________________________

                                 A BILL


 
    To promote remediation of orphan 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 Remediation of Orphan 
Hardrock Mines Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Cooperating person.--The term ``cooperating person'' 
        means any person that is named by the Good Samaritan in the 
        permit application as a cooperating entity.
            (3) Federal land management agency.--The term ``Federal 
        land management agency'' means any Federal agency authorized by 
        law or executive order to exercise jurisdiction, custody, or 
        control over land owned by the United States.
            (4) Good samaritan.--The term ``Good Samaritan'' means a 
        person that, with respect to historic mine residue, as 
        determined by the Administrator--
                    (A) is not a past or current owner or operator of--
                            (i) the orphan mine site at which the 
                        historic mine residue is located; or
                            (ii) a portion of that orphan mine site;
                    (B) had no role in the creation of the historic 
                mine residue; and
                    (C) is not potentially liable under any Federal, 
                State, Tribal, or local law for the remediation, 
                treatment, or control of the historic mine residue.
            (5) Good samaritan permit.--The term ``Good Samaritan 
        permit'' means a permit granted by the Administrator under 
        section 4(a)(1).
            (6) Historic mine residue.--
                    (A) In general.--The term ``historic mine residue'' 
                means mine residue or any condition at an orphan mine 
                site resulting from hardrock mining activities 
                conducted on--
                            (i) Federal land under sections 2319 
                        through 2352 of the Revised Statutes (commonly 
                        known as the ``Mining Law of 1872''; 30 U.S.C. 
                        22 et seq.); or
                            (ii) State or private land.
                    (B) Inclusions.--The term ``historic mine residue'' 
                includes--
                            (i) previously mined ores and minerals 
                        other than coal that contribute to acid mine 
                        drainage or other pollution;
                            (ii) equipment (including materials in 
                        equipment);
                            (iii) any tailings, heap leach piles, dump 
                        leach piles, waste rock, overburden, slag 
                        piles, or other waste or material resulting 
                        from any extraction, beneficiation, or other 
                        processing activity that occurred during the 
                        active operation of an orphan mine site;
                            (iv) any acidic or otherwise polluted flow 
                        in surface water or groundwater that originates 
                        from, or is pooled and contained in, an 
                        inactive or abandoned mine site, such as 
                        underground workings, open pits, in-situ 
                        leaching operations, ponds, or impoundments;
                            (v) any hazardous substance (as defined in 
                        section 101 of the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601));
                            (vi) any pollutant or contaminant (as 
                        defined in section 101 of the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9601)); and
                            (vii) any pollutant (as defined in section 
                        502 of the Federal Water Pollution Control Act 
                        (33 U.S.C. 1362)).
            (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 518(h) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1377(h)).
            (8) Investigative sampling permit.--The term 
        ``investigative sampling permit'' means a permit granted by the 
        Administrator under section 4(d)(1).
            (9) Orphan mine site.--
                    (A) In general.--The term ``orphan mine site'' 
                means an abandoned or inactive hardrock mine site and 
                any facility associated with an abandoned or inactive 
                hardrock mine site--
                            (i) that was used for the production of a 
                        mineral other than coal conducted on Federal 
                        land under sections 2319 through 2352 of the 
                        Revised Statutes (commonly known as the 
                        ``Mining Law of 1872''; 30 U.S.C. 22 et seq.) 
                        or on non-Federal land; and
                            (ii) for which, based on information 
                        supplied by the Good Samaritan after review of 
                        publicly available data and after review of 
                        other information in the possession of the 
                        Administrator, the Administrator or, in the 
                        case of a site on land owned by the United 
                        States, the Federal land management agency, 
                        determines that no responsible owner or 
                        operator has been identified--
                                    (I) who is potentially liable for, 
                                or has been required to perform or pay 
                                for, environmental remediation 
                                activities under applicable law; and
                                    (II) other than, in the case of a 
                                mine site located on land owned by the 
                                United States, a Federal land 
                                management agency that has not been 
                                involved in mining activity on that 
                                land, except that the approval of a 
                                plan of operations under the hardrock 
                                mining regulations of the applicable 
                                Federal land management agency shall 
                                not be considered involvement in the 
                                mining activity.
                    (B) Inclusion.--The term ``orphan mine site'' 
                includes a hardrock mine site (including associated 
                facilities) that was previously the subject of a 
                completed response action under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.) or a similar Federal 
                and State reclamation or cleanup program, including the 
                remediation of mine-scarred land under the brownfields 
                revitalization program under section 104(k) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9604(k)).
                    (C) Exclusions.--
                            (i) In general.--The term ``orphan mine 
                        site'' does not include a mine site (including 
                        associated facilities)--
                                    (I) in a temporary shutdown or 
                                cessation;
                                    (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 is proposed for 
                                inclusion on that list;
                                    (III) that is the subject of a 
                                planned or ongoing response action 
                                under the Comprehensive Environmental 
                                Response, Compensation, and Liability 
                                Act of 1980 (42 U.S.C. 9601 et seq.) or 
                                a similar Federal and State reclamation 
                                or cleanup program;
                                    (IV) that has a responsible owner 
                                or operator; or
                                    (V) that actively mined or 
                                processed minerals after December 11, 
                                1980.
            (10) Passive landowner.--The term ``passive landowner'' 
        means an individual who--
                    (A) owns property containing an orphan mine site;
                    (B) had no part in the operation of the orphan mine 
                site; and
                    (C) took ownership of the property described in 
                subparagraph (A) after termination of the mining 
                operation at the orphan mine site.
            (11) Person.--The term ``person'' means any entity 
        described in--
                    (A) section 502(5) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1362(5)); and
                    (B) section 101(21) of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601(21)).
            (12) Remediation.--
                    (A) In general.--The term ``remediation'' means any 
                action taken to investigate, characterize, or cleanup, 
                in whole or in part, a discharge, release, or threat of 
                release of a hazardous substance, pollutant, or 
                contaminant into the environment at or from an orphan 
                mine site, or to otherwise protect and improve human 
                health and the environment.
                    (B) Inclusion.--The term ``remediation'' includes 
                any action to remove, treat, or contain historic mine 
                residue to prevent, minimize, or reduce--
                            (i) the release or threat of release of a 
                        hazardous substance, pollutant, or contaminant 
                        that would harm human health or the 
                        environment; or
                            (ii) a migration or discharge of a 
                        hazardous substance, pollutant, or contaminant 
                        that would harm human health or the 
                        environment.
            (13) Reservation.--The term ``reservation'' has the meaning 
        given the term ``Indian country'' in section 1151 of title 18, 
        United States Code.
            (14) Responsible owner or operator.--The term ``responsible 
        owner or operator'' means a person that is--
                    (A)(i) legally responsible under section 301 of the 
                Federal Water Pollution Control Act (33 U.S.C. 1311) 
                for a discharge that originates from an orphan mine 
                site; and
                    (ii) financially able to comply with each 
                requirement described in that section; or
                    (B)(i) a present or past owner or operator or other 
                person that is liable with respect to a release or 
                threat of release of a hazardous substance, pollutant, 
                or contaminant associated with the historic mine 
                residue at or from an orphan mine site under section 
                104, 106, 107, or 113 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9604, 9606, 9607, 9613); and
                    (ii) financially able to comply with each 
                requirement described in those sections, as applicable.

SEC. 3. SCOPE.

    Nothing in this Act (or an amendment made by this Act)--
            (1) reduces any existing liability;
            (2) releases any person from liability, except in 
        compliance with this Act;
            (3) authorizes the conduct of any mining or processing 
        other than the conduct of any processing of previously mined 
        ores, minerals, wastes, or other materials that is authorized 
        by a Good Samaritan permit;
            (4) imposes liability on the United States or a Federal 
        land management agency pursuant to section 107 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1311); or
            (5) relieves the United States or any Federal land 
        management agency from any liability under section 107 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1311) that 
        exists apart from any action undertaken pursuant to this Act.

SEC. 4. ORPHAN MINE SITE GOOD SAMARITAN PILOT PROJECT AUTHORIZATION.

    (a) Establishment.--
            (1) In general.--The Administrator shall establish a pilot 
        program under which the Administrator shall grant not more than 
        15 Good Samaritan permits to carry out projects to remediate 
        historic mine residue at any portions of orphan mine sites in 
        accordance with this Act.
            (2) Oversight of permits.--The Administrator may oversee 
        the remediation project under paragraph (1), and any action 
        taken by the applicable Good Samaritan or any cooperating 
        person under the applicable Good Samaritan permit, for the 
        duration of the Good Samaritan permit, as the Administrator 
        determines to be necessary to review the status of the project.
    (b) Good Samaritan Permit Eligibility.--
            (1) In general.--To be eligible to receive a Good Samaritan 
        permit to carry out a project to remediate an orphan mine site, 
        a person shall demonstrate that--
                    (A) the orphan mine site that is the subject of the 
                application for a Good Samaritan permit is located in 
                the United States;
                    (B) the purpose of the proposed project is the 
                remediation at that orphan mine site of historic mine 
                residue;
                    (C) the proposed activities are designed to result 
                in the partial or complete remediation of historic mine 
                residue at the orphan mine site;
                    (D) to the satisfaction of the Administrator, the 
                person--
                            (i) possesses, or has the ability to 
                        secure, the financial and other resources 
                        necessary--
                                    (I) to complete the permitted work, 
                                as determined by the Administrator; and
                                    (II) to address any contingencies 
                                identified in the Good Samaritan permit 
                                application described in subsection 
                                (c);
                            (ii) possesses the proper and appropriate 
                        experience and capacity to complete the 
                        permitted work; and
                            (iii) will complete the permitted work; and
                    (E) the person is a Good Samaritan with respect to 
                the historic mine residue proposed to be covered by the 
                Good Samaritan permit.
            (2) Identification of all responsible owners or 
        operators.--
                    (A) In general.--A Good Samaritan shall make 
                reasonable and diligent efforts to identify, from a 
                review of publicly available information in land 
                records or on internet websites of Federal, State, and 
                local regulatory authorities, all responsible owners or 
                operators of an orphan mine site proposed to be 
                remediated by the Good Samaritan under this section.
                    (B) Existing responsible owner or operator.--If the 
                Administrator determines, based on information provided 
                by a Good Samaritan or otherwise, that a responsible 
                owner or operator exists for an orphan mine site 
                proposed to be remediated by the Good Samaritan, the 
                Administrator shall deny the application for a Good 
                Samaritan permit.
    (c) Application for Permits.--To obtain a Good Samaritan permit, a 
person shall submit to the Administrator an application, signed by the 
person and any cooperating person, that provides, to the extent known 
or reasonably discoverable by the person on the date on which the 
application is submitted--
            (1) a description of the orphan mine site (including the 
        boundaries of the orphan mine site) proposed to be covered by 
        the Good Samaritan permit;
            (2) a description of all parties proposed to be involved in 
        the remediation project, including any cooperating person and 
        each member of an applicable corporation, association, 
        partnership, consortium, joint venture, commercial entity, or 
        nonprofit association;
            (3) evidence that the person has or will acquire all legal 
        rights or the authority necessary to enter the relevant orphan 
        mine site and perform the remediation described in the 
        application;
            (4) a detailed description of the historic mine residue to 
        be remediated;
            (5) a detailed description of the expertise and experience 
        of the person and the resources available to the person to 
        successfully implement and complete the remediation plan under 
        paragraph (7);
            (6) to the satisfaction of the Administrator and subject to 
        subsection (d), a description of the baseline environmental 
        conditions, including potentially affected surface water 
        quality and hydrological conditions, affected by the historic 
        mine residue to be remediated that includes--
                    (A) the nature and extent of any adverse impact on 
                the water quality of any body of water caused by the 
                drainage of historic mine residue or other discharges 
                from the orphan mine site;
                    (B) the flow rate and concentration of any drainage 
                of historic mine residue or other discharge from the 
                orphan mine site in any body of water that has resulted 
                in an adverse impact described in subparagraph (A); and
                    (C) any other release or threat of release of 
                historic mine residue that has resulted in an adverse 
                impact to public health or the environment;
            (7) subject to subsection (d), a remediation plan for the 
        orphan mine site that describes--
                    (A) the nature and scope of the proposed 
                remediation activities, including--
                            (i) any historic mine residue to be 
                        addressed by the remediation plan; and
                            (ii) a description of the goals of the 
                        remediation including, if applicable, with 
                        respect to--
                                    (I) the reduction or prevention of 
                                a release, threat of release, or 
                                discharge to surface waters; or
                                    (II) other appropriate goals 
                                relating to water or soil;
                    (B) each activity that the person proposes to take 
                that is designed--
                            (i) to improve or enhance water quality or 
                        site-specific soil quality relevant to the 
                        historic mine residue addressed by the 
                        remediation plan; or
                            (ii) to otherwise protect human health and 
                        the environment (including through the 
                        prevention of a release, discharge, or threat 
                        of release to water or soil);
                    (C) the monitoring or other form of assessment, if 
                any, that will be undertaken by the person to evaluate 
                the success of the activities described in subparagraph 
                (A) during and after the remediation, with respect to 
                the baseline conditions, as described in paragraph (6);
                    (D) to the satisfaction of the Administrator, 
                detailed engineering plans for the project;
                    (E) any proposed recycling or reprocessing of 
                historic mine residue to be conducted by the person 
                (including a description of how all proposed recycling 
                or reprocessing activities relate to the remediation of 
                the orphan mine site); and
                    (F) identification of any proposed contractor that 
                will perform any remediation activity;
            (8) subject to subsection (d), a schedule for the work to 
        be carried out under the project, including a schedule for 
        periodic reporting by the person on the remediation of the 
        orphan mine site;
            (9) subject to subsection (d), in the case of a remediation 
        activity that requires plugging, opening, or otherwise altering 
        the portal or adit of an orphan mine site, an evaluation of 
        orphan mine site conditions, including an assessment of any 
        pooled water or hydraulic pressure in the orphan mine site 
        conducted by a licensed professional engineer;
            (10) a health and safety plan that is specifically designed 
        for mining remediation work;
            (11) a specific contingency plan that--
                    (A) includes provisions on response and 
                notification to Federal, State, and local authorities 
                with jurisdiction over downstream waters that have the 
                potential to be impacted by an unplanned release or 
                discharge of hazardous substances, pollutants, or 
                contaminants; and
                    (B) is designed to respond to unplanned adverse 
                events (such as potential fluid release that may result 
                from addressing pooled water or hydraulic pressure 
                situations), including the sudden release of historic 
                mine residue;
            (12) subject to subsection (d), a project budget and 
        description of financial resources that demonstrate that the 
        permitted work, including any operation and maintenance, will 
        be completed;
            (13) subject to subsection (d), information demonstrating 
        that the applicant has the financial resources to carry out the 
        remediation (including any long-term monitoring that may be 
        required by the Good Samaritan permit) or the ability to secure 
        an appropriate third-party financial assurance, as determined 
        by the Administrator, to ensure completion of the permitted 
        work, including any long-term operations and maintenance of 
        remediation activities that may be--
                    (A) proposed in the application for the Good 
                Samaritan permit; or
                    (B) required by the Administrator as a condition of 
                granting the permit;
            (14) subject to subsection (d), a detailed plan for any 
        required operation and maintenance of any remediation, 
        including a timeline, if necessary;
            (15) subject to subsection (d), a description of any 
        planned post-remediation monitoring, if necessary; and
            (16) subject to subsection (d), any other appropriate 
        information, as determined by the Administrator or the 
        applicant.
    (d) Investigative Sampling.--
            (1) Investigative sampling permits.--The Administrator may 
        grant an investigative sampling permit for a period determined 
        by the Administrator to authorize a person to conduct 
        investigative sampling of historic mine residue, soil, or water 
        to determine--
                    (A) baseline conditions; and
                    (B) whether the person--
                            (i) is willing to perform further 
                        remediation to address the historic mine 
                        residue; and
                            (ii) will proceed with a permit conversion 
                        under subsection (e)(1).
            (2) Application.--If a person proposes to conduct 
        investigative sampling, the person shall submit to the 
        Administrator a Good Samaritan permit application that 
        contains, to the satisfaction of the Administrator--
                    (A) each description required under paragraphs (1), 
                (2), (5), and (6) of subsection (c);
                    (B) the evidence required under subsection (c)(3);
                    (C) each plan required under paragraphs (10) and 
                (11) of subsection (c); and
                    (D) a detailed plan of the investigative sampling.
            (3) Permit limitations.--If a person submits an application 
        that proposes only investigative sampling of historic mine 
        residue, soil, or water that only includes the requirements 
        described in paragraph (2), the Administrator may only grant an 
        investigative sampling permit that authorizes the person only 
        to carry out the plan of investigative sampling of historic 
        mine residue, soil, or water, as described in the investigative 
        sampling permit application under paragraph (2).
            (4) Requirements relating to samples.--In conducting 
        investigative sampling of historic mine residue, soil, or 
        water, a person shall--
                    (A) collect samples that are representative of the 
                conditions present at the orphan mine site that is the 
                subject of the investigative sampling permit; and
                    (B) retain publically available records of all 
                sampling events for a period of not less than 3 years.
            (5) Post-sampling remediation.--
                    (A) Refusal to convert permit.--Subject to 
                subparagraph (B), a person who obtains an investigative 
                sampling permit may decline to apply to convert the 
                investigative sampling permit into a Good Samaritan 
                permit under paragraph (6) and decline to undertake 
                remediation on conclusion of investigative sampling.
                    (B) Return to preexisting conditions.--If the 
                activities carried out by a person under an 
                investigative sampling permit result in surface water 
                quality conditions, or any other environmental 
                conditions, that are worse than the preexisting 
                conditions of the applicable orphan mine site due to 
                historic mine residue at the orphan mine site, the 
                person shall undertake actions to return the orphan 
                mine site to those preexisting conditions.
            (6) Permit conversion.--Not later than 1 year after the 
        date on which the investigative sampling under the 
        investigative sampling permit concludes, a person to whom an 
        investigative sampling permit is granted under paragraph (1) 
        may apply to convert an investigative sampling permit into a 
        Good Samaritan permit under subsection (e)(1).
    (e) Investigative Sampling Conversion.--
            (1) In general.--A person to which an investigative 
        sampling permit was granted may submit to the Administrator an 
        application in accordance with paragraph (2) to convert the 
        investigative sampling permit into a Good Samaritan permit.
            (2) Application.--
                    (A) Investigative sampling.--An application for the 
                conversion of an investigative sampling permit under 
                paragraph (1) shall include any requirement described 
                in subsection (c) that was not included in full in the 
                application submitted under subsection (d)(2).
                    (B) Public notice and comment.--An application for 
                permit conversion under this paragraph shall be subject 
                to--
                            (i) a period of public notice and comment; 
                        and
                            (ii) a public hearing, if requested.
    (f) Content of Permits.--
            (1) In general.--A Good Samaritan permit shall contain--
                    (A) the information described in subsection (c), 
                including any modification required by the 
                Administrator;
                    (B)(i) a provision that states that the Good 
                Samaritan is responsible for securing, for all 
                activities authorized under the Good Samaritan permit, 
                all authorizations, licenses, and permits that are 
                required under applicable law except for--
                            (I) section 301, 302, 306, 307, 402, or 404 
                        of the Federal Water Pollution Control Act (33 
                        U.S.C. 1311, 1312, 1316, 1317, 1342, 1344); and
                            (II) authorizations, licenses, and permits 
                        that would not need to be obtained if the 
                        remediation was conducted pursuant to section 
                        121 of the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9621); or
                    (ii) in the case of an orphan mine site in a State 
                that is authorized to implement State law pursuant to 
                section 402 or 404 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1342, 1344) or on land of an 
                Indian tribe that is authorized to implement Tribal law 
                pursuant to that section, a provision that states that 
                the Good Samaritan is responsible for securing, for all 
                activities authorized under the Good Samaritan permit, 
                all authorizations, licenses, and permits that are 
                required under applicable law, except for--
                            (I) the State or Tribal law, as applicable; 
                        and
                            (II) authorizations, licenses, and permits 
                        that would not need to be obtained if the 
                        remediation was conducted pursuant to section 
                        121 of the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9621);
                    (C) specific public notification requirements, 
                including the contact information for all appropriate 
                response centers in accordance with subsection (o); and
                    (D) any other terms and conditions determined to be 
                appropriate by the Administrator.
            (2) Force majeure.--A Good Samaritan permit may include, at 
        the request of the Good Samaritan, a provision that a Good 
        Samaritan may assert a claim of force majeure for any violation 
        of the Good Samaritan permit caused solely by--
                    (A) an act of God;
                    (B) an act of war;
                    (C) negligence on the part of the United States; or
                    (D) an act or omission of a third party, if the 
                Good Samaritan--
                            (i) exercises due care with respect to the 
                        actions of the Good Samaritan under the Good 
                        Samaritan permit, as determined by the 
                        Administrator;
                            (ii) took precautions against foreseeable 
                        acts or omissions of the third party, as 
                        determined by the Administrator; and
                            (iii) uses reasonable efforts--
                                    (I) to anticipate any potential 
                                force majeure; and
                                    (II) to address the effects of any 
                                potential force majeure.
            (3) Monitoring.--
                    (A) In general.--The Good Samaritan shall take such 
                actions as the Good Samaritan permits requires to 
                ensure appropriate baseline monitoring, monitoring 
                during the remediation project, and post-remediation 
                monitoring of the environment under paragraphs (6), 
                (7), and (15), respectively, of subsection (c).
                    (B) Multiparty monitoring.--The Administrator may 
                approve in a Good Samaritan permit the monitoring by 
                multiple cooperating persons if, as determined by the 
                Administrator--
                            (i) the multiparty monitoring will 
                        effectively accomplish the goals of this 
                        section; and
                            (ii) the Good Samaritan remains responsible 
                        for compliance with the terms of the Good 
                        Samaritan permit.
            (4) Signature by good samaritan.--The signature of the 
        relevant Good Samaritan and a cooperating person, if any, on 
        the Good Samaritan permit shall be considered to be an 
        acknowledgment by the Good Samaritan that the Good Samaritan 
        accepts the terms and conditions of the Good Samaritan permit.
            (5) Other development.--
                    (A) No authorization of mining activities.--Except 
                as provided in the Good Samaritan permit, no mineral 
                exploration, processing, beneficiation, or mining shall 
                be--
                            (i) authorized by this Act; or
                            (ii) covered by any waiver of liability 
                        provided by this Act from applicable law.
                    (B) Sale or use of materials.--A Good Samaritan may 
                sell or use materials recovered during the 
                implementation of a remediation plan only if all of the 
                proceeds from the sale or use of the materials are 
                first used--
                            (i) to defray the costs of the remediation; 
                        and
                            (ii) to the extent required by the Good 
                        Samaritan permit, to reimburse the 
                        Administrator or the head of a Federal land 
                        management agency for any costs incurred for 
                        oversight of the Good Samaritan.
                    (C) Connection with other activities.--The 
                commingling or association of any other discharge of 
                water or historic mine residue or any activity, 
                project, or operation with any aspect of a project 
                subject to a Good Samaritan permit shall not limit or 
                reduce the liability of any person associated with the 
                other discharge of water or historic mine residue or 
                activity, project, or operation.
    (g) Additional Work.--A Good Samaritan permit may allow the Good 
Samaritan to return to the orphan mine site after the completion of the 
remediation to perform operations and maintenance or other work--
            (1) to ensure the functionality of the orphan mine site; or
            (2) to protect public health and the environment.
    (h) Timing.--Work authorized under a Good Samaritan permit--
            (1) shall commence, as applicable--
                    (A) not later than the date that is 18 months after 
                the date on which the Administrator granted the Good 
                Samaritan permit, unless the Administrator grants an 
                extension under subsection (r)(3)(B)(i); or
                    (B) if the grant of the Good Samaritan permit is 
                the subject of a petition for judicial review, not 
                later than the date that is 18 months after the date on 
                which the judicial review, including any appeals, has 
                concluded; and
            (2) shall continue until completed, with temporary 
        suspensions permitted during adverse weather or other 
        conditions specified in the Good Samaritan permit.
    (i) Transfer of Permits.--A Good Samaritan permit may be 
transferred to another person only if--
            (1) the Administrator determines that the transferee 
        qualifies as a Good Samaritan;
            (2) the transferee signs, and agrees to be bound by the 
        terms of, the Good Samaritan permit;
            (3) the Administrator includes in the transferred Good 
        Samaritan permit any additional conditions necessary to meet 
        the goals of this Act; and
            (4) in the case of a project carried out or proposed to be 
        carried out under the transferred Good Samaritan permit on land 
        owned by the United States--
                    (A) the head of the appropriate Federal land 
                management agency consents to the transfer; and
                    (B) the transferee enters into any applicable 
                special use permit or other land use agreement with 
                that Federal land management agency.
    (j) Role of Administrator.--In carrying out this section, the 
Administrator shall--
            (1) consult with prospective applicants;
            (2) convene, coordinate, and lead the application review 
        process;
            (3) maintain all records relating to the Good Samaritan 
        permit and the permit process;
            (4) provide an opportunity for cooperating persons and the 
        public to participate in the Good Samaritan permit process, 
        including--
                    (A) a public comment period; and
                    (B) a public hearing, if requested; and
            (5) enforce and otherwise carry out this section.
    (k) State, Local, and Tribal Governments.--As soon as practicable, 
but not later than 14 days after the date on which the Administrator 
receives an application for the remediation of an orphan mine site 
under this section, the Administrator shall provide notice and a copy 
of the application to--
            (1) each local government with jurisdiction over a drinking 
        water utility, and each Indian tribe with reservation or off-
        reservation treaty rights to land or water, located downstream 
        from a proposed remediation project that is reasonably 
        anticipated to be adversely impacted by a potential release of 
        contaminants from the orphan mine site, as determined by the 
        Administrator;
            (2) each Federal, State, and Tribal agency that may have an 
        interest in the application; and
            (3) in the case of an orphan mine site that is located 
        partially or entirely on land owned by the United States, the 
        Federal land management agency with jurisdiction over that 
        land.
    (l) Public Notice of Receipt of Applications.--
            (1) In general.--Not later than 30 days after the date on 
        which the Administrator receives a complete application for a 
        Good Samaritan permit, the Administrator shall provide to the 
        public a notice that--
                    (A) describes--
                            (i) the location of the relevant orphan 
                        mine site;
                            (ii) the scope and nature of the proposed 
                        remediation; and
                            (iii) the name of the person applying for 
                        the Good Samaritan permit; and
                    (B) provides to the public a means of viewing or 
                obtaining the application, including, at a minimum, 
                posting the application on the website of the 
                Administrator.
            (2) Hearing.--
                    (A) In general.--Before the date on which the 
                Administrator grants a Good Samaritan permit, if 
                requested, the Administrator shall hold a public 
                hearing in the vicinity of the affected orphan mine 
                site.
                    (B) Notice.--Not later than 30 days before the date 
                of a hearing under subparagraph (A), the Administrator 
                shall provide to the public--
                            (i) notice of the hearing; and
                            (ii) a draft Good Samaritan permit.
                    (C) Comments.--The Administrator shall provide to 
                the relevant applicant and the public the opportunity--
                            (i) to comment on the draft Good Samaritan 
                        permit at the public hearing; and
                            (ii) to submit written comments to the 
                        Administrator during the 30-day period 
                        beginning on the date of the hearing.
    (m) Permit Grant.--
            (1) In general.--The Administrator may grant a Good 
        Samaritan permit to carry out a project for the remediation of 
        an orphan mine site only if--
                    (A) the Administrator determines that--
                            (i) the person seeking the permit is a Good 
                        Samaritan;
                            (ii) the application described in 
                        subsection (c) is complete;
                            (iii) the project is designed to remediate 
                        historic mine residue at the orphan mine site 
                        to protect public health and the environment;
                            (iv) the proposed project is designed to 
                        meet all other goals, as determined by the 
                        Administrator, including any goals set forth in 
                        the application for the Good Samaritan permit 
                        that are accepted by the Administrator;
                            (v) the proposed activities are designed to 
                        result in, as compared to the baseline 
                        conditions described in subsection (c)(6)--
                                    (I) improved water or soil quality 
                                or other environmental or safety 
                                conditions; or
                                    (II) reductions in further threats 
                                to water or soil quality or other 
                                environmental or safety conditions;
                            (vi) the applicant has--
                                    (I) demonstrated that the applicant 
                                has the proper and appropriate 
                                experience and capacity to complete the 
                                permitted work;
                                    (II) demonstrated that the 
                                applicant will complete the permitted 
                                work;
                                    (III) the financial and other 
                                resources to address any contingencies 
                                identified in the Good Samaritan permit 
                                application described in subsections 
                                (b) and (c);
                                    (IV) granted access and provided 
                                the authority to review the records of 
                                the applicant relevant to compliance 
                                with the requirements of the Good 
                                Samaritan permit; and
                                    (V) demonstrated, to the 
                                satisfaction of the Administrator, 
                                that--
                                            (aa) the applicant has, or 
                                        has access to, the financial 
                                        resources to complete the 
                                        project described in the Good 
                                        Samaritan permit application, 
                                        including any long-term 
                                        monitoring and operations and 
                                        maintenance that the 
                                        Administrator may require the 
                                        applicant to perform in the 
                                        Good Samaritan permit; or
                                            (bb) the applicant has 
                                        established a third-party 
                                        financial assurance mechanism, 
                                        such as a corporate guarantee 
                                        from a parent or other 
                                        corporate affiliate, letter of 
                                        credit, trust, surety bond, or 
                                        insurance to assure that funds 
                                        are available to complete the 
                                        permitted work, including for 
                                        operations and maintenance and 
                                        to address potential 
                                        contingencies, that establishes 
                                        the Administrator or the head 
                                        of the Federal land management 
                                        agency as the beneficiary of 
                                        the third-party financial 
                                        assurance mechanism and that 
                                        allows the Administrator to 
                                        retain and use the funds from 
                                        the financial assurance 
                                        mechanism in the event the Good 
                                        Samaritan does not complete the 
                                        remediation under the Good 
                                        Samaritan permit; and
                            (vii) the project meets the requirements of 
                        this Act;
                    (B) the State or Indian tribe with jurisdiction 
                over land on which the orphan mine site is located has 
                been given an opportunity to review and, if necessary, 
                comment on the grant of the Good Samaritan permit;
                    (C) in the case of a project proposed to be carried 
                out under the Good Samaritan permit partially or 
                entirely on land owned by the United States--
                            (i) the head of the Federal land management 
                        agency with jurisdiction over that land reviews 
                        and concurs with the grant of the Good 
                        Samaritan permit; and
                            (ii) the Good Samaritan has entered into 
                        any applicable special use permit or other land 
                        use agreement with the Federal land management 
                        agency pursuant to applicable Federal land 
                        management law; and
                    (D) the Administrator has provided--
                            (i) notice under subsection (l); and
                            (ii) a period of public comment and a 
                        public hearing under that subsection, if 
                        requested.
            (2) Relation to nepa.--
                    (A) In general.--The grant or modification of a 
                Good Samaritan permit by the Administrator shall not be 
                considered a major Federal action significantly 
                affecting the quality of the human environment for 
                purposes of section 102 of the National Environmental 
                Policy Act (42 U.S.C. 4332).
                    (B) Limitation.--Nothing in this paragraph exempts 
                the Secretary of Agriculture or the Secretary of the 
                Interior, as applicable, from any other requirements of 
                section 102 of the National Environmental Policy Act 
                (42 U.S.C. 4332).
            (3) Deadline.--
                    (A) In general.--The Administrator shall grant or 
                deny a Good Samaritan permit by not later than--
                            (i) the date that is 180 days after the 
                        date of receipt by the Administrator of an 
                        application for the Good Samaritan permit that, 
                        as determined by the Administrator, is complete 
                        and meets all applicable requirements of 
                        subsection (c); or
                            (ii) such later date as may be determined 
                        by the Administrator with notification provided 
                        to the applicant.
                    (B) Constructive denial.--If the Administrator 
                fails to grant or deny a Good Samaritan permit by the 
                applicable deadline described in subparagraph (A), the 
                application shall be considered to be denied.
    (n) Effect of Permits.--
            (1) In general.--A Good Samaritan, recipient of an 
        investigative sampling permit, passive landowner, and any 
        cooperating person undertaking remediation activities 
        identified in and carried out pursuant to and in full 
        compliance with a Good Samaritan permit--
                    (A) shall be considered to be in compliance with 
                all requirements (including permitting requirements) 
                under the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) (including any law or regulation 
                implemented by a State or Indian tribe under section 
                402 or 404 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1342, 1344)) and the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.) during the term of the 
                Good Samaritan permit and after the termination of the 
                Good Samaritan permit;
                    (B) shall not be required to obtain a permit under, 
                or to comply with, section 301, 302, 306, 307, 402, or 
                404 of the Federal Water Pollution Control Act (33 
                U.S.C. 1311, 1312, 1316, 1317, 1342, 1344), or any 
                State or Tribal standards or regulations approved by 
                the Administrator under those sections of that Act, 
                during the term of the Good Samaritan permit and after 
                the termination of the Good Samaritan permit; and
                    (C) shall not be required to obtain any 
                authorizations, licenses, or permits that would 
                otherwise not need to be obtained if the remediation 
                was conducted pursuant to section 121 of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9621).
            (2) Activities not relating to remediation.--
                    (A) In general.--A Good Samaritan or any 
                cooperating person that carries out any activity 
                relating to mineral exploration, processing, 
                beneficiation, or mining, including development, that 
                is not authorized by the applicable Good Samaritan 
                permit shall be subject to all applicable law.
                    (B) Liability.--Any activity not authorized by a 
                Good Samaritan permit, as determined by the 
                Administrator, may be subject to liability and 
                enforcement under all applicable law, including--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.); and
                            (ii) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.).
            (3) No enforcement liability.--
                    (A) Discharges.--Subject to subparagraphs (B) and 
                (C), a Good Samaritan, recipient of an investigative 
                sampling permit, passive landowner, or cooperating 
                person that is conducting remediation pursuant to a 
                Good Samaritan permit shall not be subject to 
                enforcement, civil or criminal penalties, citizen 
                suits, or any other liability (including any liability 
                for response costs, natural resource damage, or 
                contribution) under the Federal Water Pollution Control 
                Act (33 U.S.C. 1251 et seq.) (including under any law 
                or regulation administered by a State or Indian tribe 
                under that Act) or the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.) for any actions undertaken or for 
                any past, present, or future releases, threats of 
                releases, or discharges of hazardous substances, 
                pollutants, or contaminants at or from the orphan mine 
                site that is the subject of the Good Samaritan permit 
                (including any releases, threats of releases, or 
                discharges that occurred prior to the grant of the Good 
                Samaritan permit) during the term of the Good Samaritan 
                permit and after termination of the Good Samaritan 
                permit.
                    (B) Other parties.--Nothing in subparagraph (A) 
                limits the liability of any person that is not 
                described in that subparagraph.
                    (C) Violation of permit prior to termination.--
                Notwithstanding subparagraph (A), if the Good 
                Samaritan, passive landowner, or cooperating person 
                violates the terms of the Good Samaritan permit and 
                that violation results in surface water quality or 
                other environmental conditions that are worse than 
                baseline conditions at the orphan mine site, the 
                Administrator--
                            (i) shall notify the Good Samaritan of the 
                        violation; and
                            (ii) may require the Good Samaritan to 
                        undertake reasonable measures, as determined by 
                        the Administrator, to return surface water 
                        quality or other environmental conditions to 
                        the condition that existed prior to the 
                        violation.
    (o) Public Notification of Adverse Event.--A Good Samaritan shall 
notify all appropriate Federal, State, Tribal, and local entities of 
any unplanned or previously unknown release of historic mine residue 
caused by the actions of the Good Samaritan, passive landowner, or any 
cooperating person in accordance with--
            (1) section 103 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9603);
            (2) section 304 of the Emergency Planning and Community 
        Right-To-Know Act of 1986 (42 U.S.C. 11004);
            (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.);
            (4) any other applicable provision of Federal law; and
            (5) any other applicable provision of State, Tribal, or 
        local law.
    (p) Grant Eligibility.--A remediation project conducted under a 
Good Samaritan permit shall be eligible for funding pursuant to--
            (1) section 319 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1329); and
            (2) section 104(k) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9604(k)).
    (q) Emergency Authority and Liability.--
            (1) Emergency authority.--Nothing in this section affects 
        the authority of--
                    (A) the Administrator to take any responsive action 
                authorized by law; or
                    (B) a Federal, State, Tribal, or local agency to 
                carry out any emergency authority, including an 
                emergency authority provided under Federal, State, 
                Tribal, or local law.
            (2) Liability.--Except as specifically provided in this 
        Act, nothing in this Act or a Good Samaritan permit limits the 
        liability of any person (including a Good Samaritan or any 
        cooperating person) under any provision of law.
    (r) Termination of Authority.--
            (1) Termination.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the authority to grant Good Samaritan permits 
                pursuant to this Act shall terminate on the date that 
                is 7 years after the date of enactment of this Act.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                the Administrator may grant a Good Samaritan permit 
                pursuant to this Act after the date identified in 
                subparagraph (A) if the application for the Good 
                Samaritan permit--
                            (i) was submitted not later than 180 days 
                        before that date; and
                            (ii) was completed in accordance with 
                        subsection (e)(1) by not later than 7 years 
                        after the date of enactment of this Act.
            (2) Effect on certain permits.--Any Good Samaritan permit 
        granted by the deadline prescribed in subparagraph (A) or (B) 
        of paragraph (1), as applicable, that is in effect on the date 
        that is 7 years after the date of enactment of this Act shall 
        remain in effect after that date in accordance with--
                    (A) the terms and conditions of the Good Samaritan 
                permit; and
                    (B) this Act.
            (3) Termination of permit.--
                    (A) In general.--A Good Samaritan permit shall 
                terminate, as applicable--
                            (i) on inspection and notice from the 
                        Administrator to the recipient of the Good 
                        Samaritan permit that the permitted work has 
                        been completed in accordance with the terms of 
                        the Good Samaritan permit, as determined by the 
                        Administrator;
                            (ii) if the Administrator terminates a 
                        permit under paragraph (4)(B)(i); or
                            (iii) except as provided in subparagraph 
                        (B)--
                                    (I) on the date that is 18 months 
                                after the date on which the 
                                Administrator granted the Good 
                                Samaritan permit, if the permitted work 
                                has not commenced by that date; or
                                    (II) if the grant of the Good 
                                Samaritan permit was the subject of a 
                                petition for judicial review, on the 
                                date that is 18 months after the date 
                                on which the judicial review, including 
                                any appeals, has concluded, if the 
                                permitted work has not commenced by 
                                that date.
                    (B) Extension.--
                            (i) In general.--If the Administrator is 
                        otherwise required to terminate a Good 
                        Samaritan permit under subparagraph (A)(iii), 
                        the Administrator may grant an extension of the 
                        Good Samaritan permit.
                            (ii) Limitation.--Any extension granted 
                        under clause (i) shall be not more than 180 
                        days for each extension.
            (4) Unforeseen circumstances.--
                    (A) In general.--The recipient of a Good Samaritan 
                permit or investigative sampling permit may seek to 
                modify or terminate the Good Samaritan permit or 
                investigative sampling permit to take into account any 
                event or condition that--
                            (i) significantly reduces the feasibility 
                        or significantly increases the cost of 
                        completing the remediation project that is the 
                        subject of the Good Samaritan permit or 
                        investigative sampling permit;
                            (ii) was not--
                                    (I) reasonably contemplated by the 
                                recipient of the permit; or
                                    (II) taken into account in the 
                                remediation plan of the recipient of 
                                the permit; and
                            (iii) is beyond the control of the 
                        recipient of the permit, as determined by the 
                        Administrator.
                    (B) Termination.--
                            (i) In general.--Subject to subsection 
                        (n)(3), the Administrator shall terminate a 
                        Good Samaritan permit or investigative sampling 
                        permit if--
                                    (I) the recipient of the permit 
                                seeks termination of the permit under 
                                subparagraph (A);
                                    (II) the factors described in 
                                subparagraph (A) are satisfied; and
                                    (III) the Administrator determines 
                                that remediation activities conducted 
                                by the Good Samaritan or person 
                                pursuant to the Good Samaritan permit 
                                or investigative sampling permit, 
                                respectively, may result in surface 
                                water quality conditions, or any other 
                                environmental conditions, that will be 
                                worse than the baseline conditions, as 
                                described in subsection (c)(6), as 
                                applicable.
                            (ii) Effect of termination.--
                        Notwithstanding the termination of a Good 
                        Samaritan permit or investigative sampling 
                        permit under clause (i), the provisions of 
                        paragraphs (1), (2), and (3) of subsection (n) 
                        shall continue to apply to the Good Samaritan, 
                        the recipient of an investigative sampling 
                        permit, and any cooperating persons after the 
                        termination.
            (5) Long-term operations and maintenance.--In the case of a 
        project that involves long-term operations and maintenance at 
        an orphan mine site located on land owned by the United States, 
        the project may be considered complete and the Administrator 
        may terminate the Good Samaritan permit under this subsection 
        if the applicable Good Samaritan has entered into an agreement 
        with the applicable Federal land management agency or a 
        cooperating person for the long-term operations and maintenance 
        that includes sufficient funding for the long-term operations 
        and maintenance.
    (s) Regulations.--
            (1) In general.--Subject to paragraph (2), not later than 1 
        year after the date of enactment of this Act, 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--
                    (A) requirements for remediation plans described in 
                subsection (c); and
                    (B) any other requirement that the Administrator 
                determines to be necessary to carry out this Act.
            (2) Specific requirements before promulgation of 
        regulations.--Before the date on which the Administrator 
        promulgates regulations under paragraph (1), the Administrator 
        may establish, on a case-by-case basis, specific requirements 
        that the Administrator determines would facilitate the 
        implementation of this subsection with respect to a Good 
        Samaritan permitting program.

SEC. 5. SPECIAL ACCOUNTS.

    (a) Establishment.--There is established in the Treasury of the 
United States a Good Samaritan Mine Remediation Fund (referred to in 
this section as a ``Fund'') for each Federal land management agency 
that authorizes a Good Samaritan to conduct a project on Federal land 
under the jurisdiction of that Federal land management agency under a 
Good Samaritan permit.
    (b) Deposits.--Each Fund shall consist of--
            (1) amounts provided in appropriation Acts;
            (2) any reimbursements for the costs of oversight received 
        under section 4(f)(5)(B)(ii);
            (3) any financial assurance funds collected from an 
        agreement described in section 4(m)(1)(A)(vi)(V)(bb);
            (4) any funds collected for long-term operations and 
        maintenance under an agreement under section 4(r)(5);
            (5) any interest earned under an investment under 
        subsection (c); and
            (6) any proceeds from the sale or redemption of investments 
        held in the Fund.
    (c) Unused Funds.--Amounts in each Fund not currently needed to 
carry out this Act shall be--
            (1) maintained as readily available or on deposit;
            (2) invested in obligations of the United States or 
        guaranteed by the United States; or
            (3) invested in obligations, participations, or other 
        instruments that are lawful investments for a fiduciary, a 
        trust, or public funds.
    (d) Retain and Use Authority.--Each head of a Federal land 
management agency, as appropriate, may, notwithstanding any other 
provision of law, retain and use money deposited in the applicable Fund 
without fiscal year limitation for the purpose of carrying out this 
Act.
    (e) Limitation.--Amounts in each Fund may only be used for the Good 
Samaritan project for which the funds were deposited.

SEC. 6. REPORT TO CONGRESS.

    (a) In General.--Not later than 8 years after the date of enactment 
of this Act, the Administrator, in consultation with the heads of 
Federal land management agencies, shall submit to the Committee on 
Environment and Public Works of the Senate and the Committees on 
Transportation and Infrastructure, Energy and Commerce, and Natural 
Resources of the House of Representatives a report evaluating the Good 
Samaritan pilot program under this Act.
    (b) Inclusions.--The report under subsection (a) shall include--
            (1) a description of--
                    (A) the number, types, and objectives of Good 
                Samaritan permits granted pursuant to this Act; and
                    (B) each remediation project authorized by those 
                Good Samaritan permits;
            (2) qualitative and quantitative data on the results 
        achieved under the Good Samaritan permits before the date of 
        issuance of the report;
            (3) a description of--
                    (A) any problems encountered in administering this 
                Act; and
                    (B) whether the problems have been or can be 
                remedied by administrative action (including amendments 
                to existing law);
            (4) a description of progress made in achieving the 
        purposes of this Act; and
            (5) recommendations on whether the Good Samaritan pilot 
        program under this Act should be continued, including a 
        description of any modifications (including amendments to 
        existing law) required to continue administering this Act.
                                 <all>