[Congressional Record Volume 153, Number 166 (Tuesday, October 30, 2007)]
[Extensions of Remarks]
[Pages E2276-E2277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ON INTRODUCTION OF GOOD SAMARITAN CLEANUP OF ABANDONED HARDROCK MINES 
                              ACT OF 2007

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                       Tuesday, October 30, 2007

  Mr. UDALL of Colorado. Madam Speaker, today I am again introducing 
legislation designed to help promote the cleanup of abandoned and 
inactive hardrock mines that are a menace to the environment and public 
health throughout the country, but especially in the west.
  In the 107th, 108th, and 109th Congresses, I introduced similar bills 
aimed at that result. Following the bill's first introduction in the 
107th Congress, revisions were made to incorporate a number of changes 
developed in consultation with interested parties, including 
representatives of the Western Governors' Association, the hardrock 
mining industry, and environmental groups.
  The bill I am introducing today is also the product of further 
consultations, including with the Environmental Protection Agency. It 
represents years of effort to reach agreement on establishing a program 
to advance the cleanup of polluted water from abandoned mines.
  The bill is cosponsored by our colleague from New Mexico, 
Representative Pearce. I greatly appreciate his support.


                             the background

  For over one hundred years, miners and prospectors have searched for 
and developed valuable ``hardrock'' minerals--gold, silver, copper, 
molybdenum, and others. Hardrock mining has played a key role in the 
history of Colorado and other states, and the resulting mineral wealth 
has been an important aspect of our economy and the development of 
essential products. However, as all westerners know, this history has 
too often been marked by a series of ``boom'' times followed by a 
``bust'' when mines were no longer profitable. When these busts came, 
too often the miners would abandon their workings and move on, seeking 
riches over the next mountain. The resulting legacy of unsafe open mine 
shafts and acid mine drainages can be seen throughout the country and 
especially on the western public lands where mineral development was 
encouraged to help settle our region.


                              the problems

  The problems caused by abandoned and inactive mines are very real and 
very large--including acidic water draining from old tunnels,

[[Page E2277]]

heavy metals leaching into streams killing fish and tainting water 
supplies, open vertical mine shafts, dangerous highwalls, large open 
pits, waste rock piles that are unsightly and dangerous, and hazardous 
dilapidated structures.
  And, unfortunately, many of our current environmental laws, designed 
to mitigate the impact from operating hardrock mines, are of limited 
effectiveness when applied to abandoned and inactive mines. As a 
result, many of these old mines go on polluting streams and rivers and 
potentially risking the health of people who live nearby or downstream.


                         obstacles to cleanups

  Right now there are two serious obstacles to progress. One is a 
serious lack of funds for cleaning up sites for which no private person 
or entity can be held liable. The other obstacle is legal.
  While the Clean Water Act is one of the most effective and important 
of our environmental laws, as applied it can mean that someone 
undertaking to clean up an abandoned or inactive mine will be exposed 
to the same liability that would apply to a party responsible for 
creating the site's problems in the first place. As a result, would-be 
``good Samaritans'' understandably have been unwilling to volunteer 
their services to clean up abandoned and inactive mines.
  Unless these fiscal and legal obstacles are overcome, often the only 
route to clean up abandoned mines will be to place them on the Nation's 
Superfund list. Colorado has experience with that approach, so 
Coloradans know that while it can be effective it also has 
shortcomings. For one thing, just being placed on the Superfund list 
does not guarantee prompt cleanup. The site will have to get in line 
behind other listed sites and await the availability of financial 
resources. In addition, as many communities within or near Superfund 
sites know, listing an area on the Superfund list can create concerns 
about stigmatizing an area and potentially harming nearby property 
values.
  We need to develop an alternative approach that will mean we are not 
left only with the options of doing nothing or creating additional 
Superfund sites--because while in some cases the Superfund approach may 
make the most sense, in many others there could be a more direct and 
effective way to remedy the problem.


                     western governors want action

  The Governors of our western States have recognized the need for 
action to address this serious problem. The Western Governors' 
Association has several times adopted resolutions on the subject, such 
as the one of June 2004 entitled ``Cleaning Up Abandoned Mines'' 
sponsored by Governor Bill Owens of Colorado along with Governor Bill 
Richardson of New Mexico and Governor Kenny Guinn of Nevada.


                 legislative responses to the obstacles

  To respond to the need for funding, I have joined as a cosponsor of 
H.R. 2262, the ``Hardrock Mining and Reclamation Act of 2007,'' 
introduced by the distinguished Chairman of the Natural Resources 
Committee. Representative Rahall of West Virginia, which has now been 
ordered reported from that Committee. That legislation will establish a 
Locatable Minerals Fund to receive royalties and fees related to 
hardrock mines on Federal lands that, among other things, can be used 
for the reclamation and restoration of lands and waters adversely 
affected by past mining on Federal lands.
  And the bill I am introducing today responds to a legal obstacle, the 
potential liability under the Clean Water Act that now deters many 
would-be ``good Samaritans'' from undertaking efforts to clean up 
abandoned hardrock mines.
  To help the efforts of ``good Samaritans,'' this bill would create a 
new program under the Clean Water Act under which qualifying 
individuals and entities could obtain permits to conduct cleanups of 
abandoned or inactive hardrock mines. These permits would give some 
liability protection to those volunteering to clean up these sites, 
while also requiring the permit holders to meet certain requirements.
  The bill specifies who can secure these permits, what would be 
required by way of a cleanup plan, and the extent of liability 
exposure. Notably, unlike regular Clean Water Act point-source 
(``NPDES'') permits, these new permits would not require meeting 
specific standards for specific pollutants and would not impose 
liabilities for monitoring or long-term maintenance and operations. 
These permits would terminate upon completion of cleanup, if a regular 
Clean Water Act permit is issued for the same site, or if a permit 
holder encounters unforeseen conditions beyond the holder's control. I 
think this would encourage efforts to fix problems like those at the 
Pennsylvania Mine.
  The new permit proposed in this bill would help address problems that 
have frustrated federal and state agencies throughout the country. As 
population growth continues near these old mines, more and more risks 
to public health and safety are likely to occur. We simply must begin 
to address this issue--not only to improve the environment, but also to 
ensure that our water supplies are safe and usable. This bill does not 
address all the concerns some would-be Good Samaritans may have about 
initiating cleanup projects--and I am committed to continue working to 
address those additional concerns, through additional legislation and 
in other ways. But this bill can make a real difference and I think it 
deserves approval without unnecessary delay.

  For the benefit of our colleagues, here is a brief outline of the 
bill's provisions:
  Eligibility for Good Samaritan Permits--Permits could be issued to a 
person or entity not involved in creation of residue or other 
conditions resulting from mining at a site within the bill's scope. Any 
other similar person or entity could be a cooperating party to help 
with a cleanup.
  Sites Covered by the Bill--The bill covers sites of mines and 
associated facilities in the United States once used for production of 
a mineral (other than coal) but no longer actively mined, but does not 
cover sites on the national priority list under Superfund.
  Administration--The permits would be issued by the Environmental 
Protection Agency (EPA) or by a state or tribal government with an 
approved Clean Water Act permitting program.
  Remediation Plans--To obtain a permit, an applicant would have to 
submit a detailed plan for remediation of the site. After an 
opportunity for public comments, the EPA or other permitting authority 
could issue a permit if it determined that implementing the plan would 
not worsen water quality and could result in improving it toward 
meeting applicable water quality standards.
  Effect of Permit--Compliance with a Good Samaritan permit would 
constitute compliance with the Clean Water Act, and neither a permit 
holder nor a cooperating party would be responsible for doing any 
remediation activities except those specified in the remediation plan. 
When the cleanup is done, the permit expires, ending the Good 
Samaritan's responsibility for the project.
  Report and Sunset Clause--Nine years after enactment, EPA must report 
to Congress about the way the bill has been implemented, so Congress 
can consider whether to renew or modify the legislation, which under 
the bill will terminate after 10 years.

                          ____________________