[Congressional Record Volume 165, Number 23 (Wednesday, February 6, 2019)]
[Senate]
[Pages S1011-S1016]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 133. Mr. GARDNER submitted an amendment intended to be proposed to
amendment SA 111 submitted by Ms. Murkowski (for herself and Mr.
Manchin) and intended to be proposed to the bill S. 47, to provide for
the management of the natural resources of the United States, and for
other purposes; which was ordered to lie on the table; as follows:
Before section 9001, insert the following:
Subtitle A--Good Samaritan Remediation of Orphan Hardrock Mines
SEC. 9001. DEFINITIONS.
In this subtitle:
(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 9003(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;
[[Page S1012]]
(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 9003(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. 9002. SCOPE.
Nothing in this subtitle--
(1) reduces any existing liability;
(2) releases any person from liability, except in
compliance with this subtitle;
(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
subtitle.
SEC. 9003. 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 subtitle.
(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
[[Page S1013]]
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
[[Page S1014]]
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, benefication, or mining shall be--
(i) authorized by this subtitle; or
(ii) covered by any waiver of liability provided by this
subtitle 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 subtitle; 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--
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(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 subtitle;
(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
subtitle, nothing in this subtitle 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 subtitle 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 subtitle 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
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(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 subtitle.
(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 subtitle.
(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. 9004. 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 9003(f)(5)(B)(ii);
(3) any financial assurance funds collected from an
agreement described in section 9003(m)(1)(A)(vi)(V)(bb);
(4) any funds collected for long-term operations and
maintenance under an agreement under section 9003(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 subtitle 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 subtitle.
(e) Limitation.--Amounts in each Fund may only be used for
the Good Samaritan project for which the funds were
deposited.
SEC. 9005. 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 subtitle.
(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 subtitle; 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
subtitle; 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 subtitle; and
(5) recommendations on whether the Good Samaritan pilot
program under this subtitle should be continued, including a
description of any modifications (including amendments to
existing law) required to continue administering this
subtitle.
Subtitle B--Other Matters
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