[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2781
To promote remediation of abandoned hardrock mines, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 13, 2023
Mr. Heinrich (for himself, Mr. Risch, Mr. Hickenlooper, Mr. Crapo, Ms.
Sinema, Mr. Daines, Mr. Lujan, Mr. Barrasso, Mr. Kelly, Ms. Lummis, Mr.
Tester, Mr. Thune, Ms. Cortez Masto, Mr. Cramer, Ms. Rosen, Mr.
Boozman, Mr. Bennet, Mr. Sullivan, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To promote remediation of abandoned hardrock mines, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Remediation of
Abandoned Hardrock Mines Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Abandoned mine site.--
(A) In general.--The term ``abandoned 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 ``abandoned 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 that Act
(42 U.S.C. 9604(k)).
(C) Exclusions.--The term ``abandoned 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 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.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Applicable water quality standards.--The term
``applicable water quality standards'' means the water quality
standards promulgated by the Administrator or adopted by a
State or Indian tribe and approved by the Administrator
pursuant to the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).
(4) Cooperating person.--
(A) In general.--The term ``cooperating person''
means any person that is named by the Good Samaritan in
the permit application as a cooperating entity.
(B) Exclusions.--The term ``cooperating person''
does not include--
(i) a responsible owner or operator with
respect to the abandoned mine site described in
the permit application; or
(ii) a person that had a role in the
creation of historic mine residue at the
abandoned mine site described in the permit
application.
(5) Covered permit.--The term ``covered permit'' means--
(A) a Good Samaritan permit; and
(B) an investigative sampling permit.
(6) 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.
(7) 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 abandoned mine site at which the
historic mine residue is located; or
(ii) a portion of that abandoned 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.
(8) Good samaritan permit.--The term ``Good Samaritan
permit'' means a permit granted by the Administrator under
section 4(a)(1).
(9) Historic mine residue.--
(A) In general.--The term ``historic mine residue''
means mine residue or any condition at an abandoned
mine site resulting from hardrock mining activities.
(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 abandoned 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)).
(10) 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)).
(11) Investigative sampling permit.--The term
``investigative sampling permit'' means a permit granted by the
Administrator under section 4(d)(1).
(12) 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)).
(13) 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
abandoned 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.
(C) Exclusion.--The term ``remediation'' does not
include any action that requires plugging, opening, or
otherwise altering the portal or adit of the abandoned
mine site.
(14) Reservation.--The term ``reservation'' has the meaning
given the term ``Indian country'' in section 1151 of title 18,
United States Code.
(15) 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 abandoned 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 abandoned 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--
(1) except as provided in section 4(n), reduces any
existing liability under Federal, State, or local law;
(2) except as provided in section 4(n), releases any person
from liability under Federal, State, or local law, 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. ABANDONED 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 abandoned 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.
(3) Sunset.--
(A) In general.--Except as provided in subparagraph
(B), the pilot program described in paragraph (1) 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 (c) by not later than 7 years after
the date of enactment of this Act.
(C) Effect on certain permits.--Any Good Samaritan
permit granted by the deadline prescribed in
subparagraph (A) or (B), 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--
(i) the terms and conditions of the Good
Samaritan permit; and
(ii) this Act.
(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 abandoned mine
site, a person shall demonstrate that--
(A) the abandoned 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 abandoned mine site of historic
mine residue;
(C) the proposed activities are designed to result
in the partial, interim, or complete remediation of
historic mine residue at the abandoned mine site;
(D) the proposed project poses a low risk to the
environment;
(E) 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
(F) 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 abandoned 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 abandoned 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 abandoned mine site (including the
boundaries of the abandoned 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
abandoned 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 abandoned mine site;
(B) the flow rate and concentration of any drainage
of historic mine residue or other discharge from the
abandoned 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
abandoned 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, including making measurable
progress toward achieving applicable water
quality standards; 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 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) detailed plans for 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
contribute to the remediation of the abandoned 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
abandoned mine site;
(9) a health and safety plan that is specifically designed
for mining remediation work;
(10) 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;
(11) 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;
(12) 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;
(13) subject to subsection (d), a detailed plan for any
required operation and maintenance of any remediation,
including a timeline, if necessary;
(14) subject to subsection (d), a description of any
planned post-remediation monitoring, if necessary; and
(15) 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 Good Samaritan to conduct
investigative sampling of historic mine residue, soil, or water
to determine--
(A) baseline conditions; and
(B) whether the Good Samaritan--
(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) Number of permits.--
(A) Limitation.-- Subject to subparagraph (B), the
Administrator may grant not more than 15 investigative
sampling permits.
(B) Applicability to converted permits.--An
investigative sampling permit that is not converted to
a Good Samaritan permit pursuant to paragraph (6) may
be eligible for reissuance by the Administrator subject
to the overall total of not more than 15 investigative
sampling permits allowed at any 1 time described in
subparagraph (A).
(3) Application.--If a Good Samaritan proposes to conduct
investigative sampling, the Good Samaritan shall submit to the
Administrator an investigative sampling 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 (9) and
(10) of subsection (c); and
(D) a detailed plan of the investigative sampling.
(4) Requirements.--
(A) In general.--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 (1), 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 (3).
(B) Reprocessing.--An investigative sampling
permit--
(i) shall not authorize a Good Samaritan or
cooperating person to conduct any reprocessing
of material; and
(ii) may authorize metallurgical testing of
historic mine residue to determine whether
reprocessing under subsection (f)(4)(B) is
feasible.
(C) Requirements relating to samples.--In
conducting investigative sampling of historic mine
residue, soil, or water, a Good Samaritan shall--
(i) collect samples that are representative
of the conditions present at the abandoned mine
site that is the subject of the investigative
sampling permit; and
(ii) retain publicly 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 Good Samaritan who obtains an
investigative sampling permit may decline--
(i) to apply to convert the investigative
sampling permit into a Good Samaritan permit
under paragraph (6); and
(ii) to undertake remediation activities on
the site where investigative sampling was
conducted on conclusion of investigative
sampling.
(B) Return to preexisting conditions.--If the
activities carried out by a Good Samaritan under an
investigative sampling permit result in surface water
quality conditions, or any other environmental or
safety conditions, that are worse than the preexisting
conditions of the applicable abandoned mine site due to
historic mine residue at the abandoned mine site, the
Good Samaritan shall return the abandoned 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 Good Samaritan 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)(3).
(B) Public notice and comment.--An application for
permit conversion under this paragraph shall be subject
to--
(i) environmental review and public comment
procedures required by subsection (l); 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 abandoned 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);
(D) in the case of a project on land owned by the
United States, a notice that the Good Samaritan permit
serves as an agreement for use and occupancy of Federal
land that is enforceable by the applicable Federal land
management agency; and
(E) any other terms and conditions determined to be
appropriate by the Administrator or the Federal land
management agency, as applicable.
(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;
(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; or
(E) a public health emergency declared by the
Federal Government or a global government, such as a
pandemic or an epidemic.
(3) Monitoring.--
(A) In general.--The Good Samaritan shall take such
actions as the Good Samaritan permit 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) Other development.--
(A) No authorization of mining activities.--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) Reprocessing of materials.--A Good Samaritan
may reprocess materials recovered during the
implementation of a remediation plan only if--
(i) the project under the Good Samaritan
permit is on land owned by the United States;
(ii) the applicable Federal land management
agency has signed a decision document under
subsection (l)(2)(G) approving reprocessing as
part of a remediation plan;
(iii) the proceeds from the sale or use of
the materials are 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 the purpose
of carrying out this Act;
(iv) any remaining proceeds are deposited
into the appropriate Good Samaritan Mine
Remediation Fund established by section 5(a);
and
(v) the materials only include historic
mine residue.
(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 conducted on or after the date of
enactment of this Act 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 abandoned mine site after the completion of
the remediation to perform operations and maintenance or other work--
(1) to ensure the functionality of the abandoned 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)(2)(A); 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 permit;
(3) the Administrator includes in the transferred permit
any additional conditions necessary to meet the goals of this
section; and
(4) in the case of a project under the Good Samaritan
permit on land owned by the United States, the head of the
applicable Federal land management agency approves the
transfer.
(j) Role of Administrator and Federal Land Management Agencies.--In
carrying out this section--
(1) the Administrator shall--
(A) consult with prospective applicants;
(B) convene, coordinate, and lead the application
review process;
(C) maintain all records relating to the Good
Samaritan permit and the permit process;
(D) in the case of a proposed project on State,
Tribal, or private land, provide an opportunity for
cooperating persons and the public to participate in
the Good Samaritan permit process, including--
(i) carrying out environmental review and
public comment procedures pursuant to
subsection (l); and
(ii) a public hearing, if requested; and
(E) enforce and otherwise carry out this section;
and
(2) the head of an applicable Federal land management
agency shall--
(A) in the case of a proposed project on land owned
by the United States, provide an opportunity for
cooperating persons and the public to participate in
the Good Samaritan permit process, including--
(i) carrying out environmental review and
public comment procedures pursuant to
subsection (l); and
(ii) a public hearing, if requested; and
(B) in coordination with the Administrator, enforce
Good Samaritan permits issued under this section for
projects on land owned by the United States.
(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 abandoned 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 abandoned 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 abandoned 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) Environmental Review and Public Comment.--
(1) In general.--Before the issuance of a Good Samaritan
permit to carry out a project for the remediation of an
abandoned mine site, the Administrator shall ensure that
environmental review and public comment procedures are carried
out with respect to the proposed project.
(2) Relation to nepa.--
(A) Major federal action.--Subject to subparagraph
(F), the issuance or modification of a Good Samaritan
permit by the Administrator shall be considered a major
Federal action for purposes of section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(B) Lead agency.--The lead agency for purposes of
an environmental assessment and public comment under
this subsection shall be--
(i) in the case of a proposed project on
land owned by the United States, the applicable
Federal land management agency; and
(ii) in the case of a proposed project on
State, Tribal, or private land, the
Administrator.
(C) Coordination.--To the maximum extent
practicable, the lead agency described in subparagraph
(B) shall coordinate procedures under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with State, Tribal, and Federal cooperating
agencies, as applicable.
(D) Cooperating agency.--In the case of a proposed
project on land owned by the United States, the
Administrator shall be a cooperating agency for
purposes of an environmental assessment and public
comment under this subsection.
(E) Single nepa document.--The lead agency
described in subparagraph (B) may conduct a single
environmental assessment for--
(i) the issuance of a Good Samaritan
permit;
(ii) any activities authorized by a Good
Samaritan permit; and
(iii) any applicable permits required by
the Secretary of the Interior or the Secretary
of Agriculture.
(F) No significant impact.--
(i) In general.--A Good Samaritan permit
may only be issued if, after an environmental
assessment, the head of the lead agency issues
a finding of no significant impact.
(ii) Significant impact.--If the head of
the lead agency determines that a project would
likely have a significant impact on the
environment, the head of the lead agency shall
not issue a Good Samaritan permit for the
proposed project.
(G) Decision document.--An approval or denial of a
Good Samaritan permit may be issued as a single
decision document that is signed by--
(i) the Administrator; and
(ii) in the case of a project on land owned
by the United States, the head of the
applicable Federal land management agency.
(H) 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 of
1969 (42 U.S.C. 4332).
(m) Permit Grant.--
(1) In general.--The Administrator may grant a Good
Samaritan permit to carry out a project for the remediation of
an abandoned 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 abandoned 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, as compared to
the baseline conditions described in subsection
(c)(6), will make measurable progress toward
achieving--
(I) applicable water quality
standards;
(II) improved soil quality;
(III) other improved environmental
or safety conditions; or
(IV) reductions in threats to 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--
(AA) establishes
the Administrator or
the head of the Federal
land management agency
as the beneficiary of
the third-party
financial assurance
mechanism; and
(BB) 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 abandoned 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, pursuant
to subsection (l), the head of the applicable Federal
land management agency has signed a decision document
approving the proposed project; and
(D) the Administrator or head of the Federal land
management agency, as applicable, has provided--
(i) environmental review and public comment
procedures required by subsection (l); and
(ii) a public hearing under that
subsection, if requested.
(2) 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.
(3) Discretionary action.--The issuance of a permit by the
Administrator and the approval of a project by the head of an
applicable Federal land management agency shall be considered
to be discretionary actions taken in the public interest.
(n) Effect of Permits.--
(1) In general.--A Good Samaritan and any cooperating
person undertaking remediation activities identified in,
carried out pursuant to, and in compliance with, a covered
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 that 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) Unauthorized activities.--
(A) In general.--Any person (including a Good
Samaritan or any cooperating person) that carries out
any activity, including activities 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 or liability for good samaritans.--
(A) In general.--Subject to subparagraphs (D) and
(E), a Good Samaritan or cooperating person that is
conducting a remediation activity identified in,
pursuant to, and in compliance with a covered permit
shall not be subject to enforcement or liability
described in subparagraph (B) for--
(i) any actions undertaken that are
authorized by the covered permit; or
(ii) any past, present, or future releases,
threats of releases, or discharges of hazardous
substances, pollutants, or contaminants at or
from the abandoned mine site that is the
subject of the covered permit (including any
releases, threats of releases, or discharges
that occurred prior to the grant of the covered
permit).
(B) Enforcement or liability described.--
Enforcement or liability referred to in subparagraph
(A) is enforcement, civil or criminal penalties,
citizen suits and any liabilities for response costs,
natural resource damage, or contribution under--
(i) 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
(ii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(C) Duration of applicability.--Subparagraph (A)
shall apply during the term of the Good Samaritan
permit and after termination of the Good Samaritan
permit.
(D) Other parties.--Nothing in subparagraph (A)
limits the liability of any person that is not
described in that subparagraph.
(E) Decline in environmental conditions.--
Notwithstanding subparagraph (A), if a Good Samaritan
or cooperating person fails to comply with any term,
condition, or limitation of a covered permit and that
failure results in surface water quality or other
environmental conditions that are measurably worse than
baseline conditions at the abandoned mine site, the
Administrator shall--
(i) notify the Good Samaritan or
cooperating person, as applicable, of the
failure to comply; and
(ii) require the Good Samaritan or the
cooperating person, as applicable, to undertake
reasonable measures, as determined by the
Administrator, to return surface water quality
or other environmental conditions to those
baseline conditions.
(F) Failure to correct.--Subparagraph (A) shall not
apply to a Good Samaritan or cooperating person that
fails to take any actions required under subparagraph
(E)(ii) within a reasonable period of time, as
established by the Administrator.
(G) Minor or corrected permit violations.--For
purposes of this paragraph, the failure to comply with
a term, condition, or limitation of a Good Samaritan
permit or investigative sampling permit shall not be
considered a permit violation or noncompliance with
that permit if--
(i) that failure or noncompliance does not
result in a measurable adverse impact on water
quality or other environmental conditions; or
(ii) the Good Samaritan or cooperating
person complies with subparagraph (E)(ii).
(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 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, a Good Samaritan permit, or an
investigative sampling permit limits the liability of any
person (including a Good Samaritan or any cooperating person)
under any provision of law.
(r) Termination of Permit.--
(1) In general.--A Good Samaritan permit shall terminate,
as applicable--
(A) 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;
(B) if the Administrator terminates a permit under
paragraph (4)(B); or
(C) except as provided in paragraph (2)--
(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.
(2) Extension.--
(A) In general.--If the Administrator is otherwise
required to terminate a Good Samaritan permit under
paragraph (1)(C), the Administrator may grant an
extension of the Good Samaritan permit.
(B) Limitation.--Any extension granted under
subparagraph (A) shall be not more than 180 days for
each extension.
(3) Effect of termination.--
(A) In general.--Notwithstanding the termination of
a Good Samaritan permit or an investigative sampling
permit under paragraph (1), but subject to subparagraph
(B), the provisions of paragraphs (1) through (4) of
subsection (n) shall continue to apply to the Good
Samaritan and any cooperating persons after the
termination, including to any long-term operations and
maintenance pursuant to the agreement under paragraph
(5).
(B) Degradation of surface water quality.--
(i) Opportunity to return to baseline.--If,
at the time that 1 or more of the conditions
described in paragraph (1) are met but before
the Good Samaritan permit is terminated,
actions by the Good Samaritan or cooperating
person have caused surface water quality at the
abandoned mine site to be measurably worse, as
compared to baseline conditions described in
subsection (c)(6), the Administrator shall,
before terminating the Good Samaritan permit,
provide the Good Samaritan or cooperating
person, as applicable, the opportunity to
return surface water quality to those baseline
conditions.
(ii) Effect.--If, pursuant to clause (i),
the applicable Good Samaritan or cooperating
person does not return the surface water
quality at the abandoned mine site to the
baseline conditions described in subsection
(c)(6), subparagraph (A) shall not apply to the
Good Samaritan or any cooperating persons.
(4) Unforeseen circumstances.--
(A) In general.--The recipient of a covered permit
may seek to modify or terminate the covered 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 covered 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.--The Administrator shall terminate
a covered 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 cooperating person pursuant to the
covered permit 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.
(5) Long-term operations and maintenance.--In the case of a
project that involves long-term operations and maintenance at
an abandoned 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
18 months 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.--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 section
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--
(1) 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; and
(2) the Environmental Protection Agency.
(b) Deposits.--Each Fund shall consist of--
(1) amounts provided in appropriation Acts;
(2) any proceeds from reprocessing deposited under section
4(f)(4)(B)(iv);
(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);
(6) any proceeds from the sale or redemption of investments
held in the Fund; and
(7) any amounts donated to the Fund by any person.
(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.--The Administrator and 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.
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.
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