[Congressional Record Volume 170, Number 65 (Monday, April 15, 2024)]
[Senate]
[Pages S2752-S2754]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    LEGACY MINE CLEANUP ACT OF 2024

  Mr. SCHUMER. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 344, S. 3858.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3858) to establish within the Office of Land and 
     Emergency Management of the Environmental Protection Agency 
     the Office of Mountains, Deserts, and Plains, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Environment and Public 
Works, with amendments, as follows:
  (The parts of the bill intended to be stricken are in boldfaced 
brackets and the parts of the bill intended to be inserted are in 
italic.)

                                S. 3858

       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 ``Legacy Mine Cleanup Act of 
     2024''.

     SEC. 2. OFFICE OF MOUNTAINS, DESERTS, AND PLAINS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Energy and Natural Resources of the 
     Senate;
       (C) the Committee on Environment and Public Works of the 
     Senate;
       (D) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (E) the Committee on Indian Affairs of the Senate;
       (F) the Committee on Appropriations of the House of 
     Representatives;
       (G) the Committee on Energy and Commerce of the House of 
     Representatives;
       (H) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (I) the Committee on Natural Resources of the House of 
     Representatives; and
       (J) the Committee on Oversight and Accountability of the 
     House of Representatives.
       (3) Covered mine site.--The term ``covered mine site'' 
     means the land, water, and surrounding watersheds where 
     extraction, beneficiation, or processing of hardrock ores or 
     minerals occurred, but has been discontinued, including 
     discontinued temporarily.
       (4) Indian country.--The term ``Indian country'' has the 
     meaning given the term in section 1151 of title 18, United 
     States Code.
       (5) Navajo nation abandoned uranium mine site.--The term 
     ``Navajo Nation abandoned uranium mine site'' means an 
     abandoned uranium covered mine site on land of the Navajo 
     Nation.
       (6) Office.--The term ``Office'' means the Office of 
     Mountains, Deserts, and Plains established by subsection 
     (b)(1).
       (7) Regional office.--The term ``Regional Office'' means a 
     Regional Office of the Environmental Protection Agency.
       (b) Establishment.--
       (1) In general.--There is established within the Office of 
     Land and Emergency Management of the Environmental Protection 
     Agency the Office of Mountains, Deserts, and Plains.
       (2) Director.--The Office shall be headed by a Director, to 
     be appointed by the Administrator (or a designee).
       (c) Purposes.--The purposes of the Office shall be--
       (1) to coordinate with the headquarters of the 
     Environmental Protection Agency, Regional Offices, and 
     stakeholders response actions of the Environmental Protection 
     Agency at a covered mine site, including a covered mine site 
     in Indian country (as defined in section 1151 of title 18, 
     United States Code), in accordance with Federal law;
       (2) to establish and disseminate best practices for covered 
     mine site response actions, including identifying--
       (A) innovative technologies and reuse approaches that 
     support and make progress toward those response actions; and
       (B) waste storage and disposal solutions;
       (3) to coordinate with the headquarters of the 
     Environmental Protection Agency, Regional Offices, Federal 
     land management agencies, States, and voluntary 
     nongovernmental organizations, watershed groups, nonliable 
     entities and mining companies, and other entities voluntary 
     response actions at covered mine sites, where applicable, 
     including timely issuance of administrative guidance for 
     nonliable parties;
       (4) to coordinate with the headquarters of the 
     Environmental Protection Agency and other Federal Government 
     entities, pursuant to existing authorities under section 3303 
     of title 41, United States Code, hiring practices to support 
     small business concerns to carry out response actions at 
     covered mine sites;
       (5) to coordinate with the Secretary of the Interior, the 
     Secretary of Energy, the Secretary of Health and Human 
     Services, the Nuclear Regulatory Commission, and other 
     Federal agencies, as the Administrator determines to be 
     appropriate, to ensure interagency coordination of covered 
     mine site response actions, with priority given to 
     coordinating response actions at covered mine sites for which 
     there is no potentially responsible party; and
       (6) to coordinate other actions as the Administrator 
     determines to be appropriate, pursuant to existing 
     authorities of the Administrator--
       (A) to support efforts to investigate, characterize, or 
     clean up a discharge, release, or threat of release of a 
     hazardous substance, pollutant, or contaminant into the 
     environment at or from a covered mine site; or
       (B) to establish best practices to protect and improve 
     human health and the environment and implement appropriate 
     reuse options, including through the use of innovative 
     technologies to recover valuable resources from covered mine 
     site features or areas, as applicable.
       (d) Duties.--The Administrator shall carry out through the 
     Office, at a minimum, the following duties:
       (1) Priority mine list.--
       (A) In general.--Annually, the Administrator shall identify 
     covered mine sites that are prioritized for response actions, 
     which may include covered mine sites that are or are not 
     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)).
       (B) Creation of list; reports.--The Administrator shall 
     annually--
       (i) create a list of covered mine sites identified under 
     subparagraph (A); and
       (ii) submit to the appropriate committees of Congress a 
     report describing--

       (I) the methodology used to identify those covered mine 
     sites under that subparagraph; and
       (II) the status of response actions carried out at covered 
     mine sites on the list.

       (C) Coordination.--The Administrator shall--
       (i) regularly coordinate with Regional Offices, Federal 
     agencies, States, Indian Tribes, Alaska Native Corporations, 
     and stakeholders to update the list of covered mine sites 
     identified under subparagraph (A); and

[[Page S2753]]

       (ii) regularly coordinate with Regional Offices on response 
     actions and share best practices with respect to each covered 
     mine site identified under subparagraph (A).
       (2) Process improvement.--
       (A) In general.--The Administrator shall, pursuant to 
     existing authorities of the Administrator--
       (i) identify best practices for developing, reviewing, and 
     approving site assessments, remedial investigations, and 
     feasibility studies for covered mine sites;
       (ii) coordinate research relating to technologies and 
     remedial and removal approaches that are the most successful 
     in limiting the acute and chronic risks posted to human 
     health and the environment by covered mine sites; and
       (iii) support--

       (I) government-to-government consultations with Indian 
     Tribes with respect to a covered mine site located within 
     Indian country; and
       (II) efforts to provide regular updates to the Tribal 
     governments involved in response actions for a covered mine 
     site located on Tribal land under the jurisdiction of the 
     Indian Tribe.

       (B) Tribal consultation.--In supporting consultations with 
     Indian Tribes under subparagraph (A)(iii)(I), [and where a 
     response action occurs within Indian country,] the 
     Administrator, in addition to existing applicable law and 
     guidance, shall--
       (i) as appropriate, invite potentially responsible parties, 
     including Federal agencies, to participate in government-to-
     government consultations with Indian [Tribes;] Tribes;
       (ii) as appropriate, consult with Alaska Native 
     Corporations in accordance with section 161 of division H of 
     the Consolidated Appropriations Act, 2004 (25 U.S.C. 5301 
     note; Public Law 108-199); and
       [(ii)](iii) as appropriate, ensure consultations with 
     Tribal allottees occur pursuant to section 2 of the Act of 
     February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324).
       (3) Interagency plans for uranium contamination on the 
     navajo nation; reports.--
       (A) In general.--Not later than September 30, 2027, and not 
     less frequently than once every 10 years thereafter, the 
     Administrator, in cooperation with other relevant Federal 
     agencies, including, at a minimum, the Department of Energy, 
     the Nuclear Energy Regulatory Commission, the Department of 
     the Interior, the Indian Health Service, and the Agency for 
     Toxic Substances and Disease Registry, and in consultation 
     with affected Tribal governments, shall develop a 10-year 
     interagency plan for the coordination of the Federal 
     Government with States and Tribal governments to carry out 
     response actions at Navajo Nation abandoned uranium mine 
     sites, including--
       (i) goals for the assessment of, and response actions at, 
     Navajo Nation abandoned uranium mine sites;
       (ii) target dates by which goals described in clause (i) 
     are anticipated to be achieved, subject to appropriations;
       (iii) the projected appropriations necessary to achieve 
     goals described in clause (i) by the target dates described 
     in clause (ii); and
       (iv) the activities to be carried out by each Federal 
     agency under the plan.
       (B) Reports.--Not later than 90 days after the date on 
     which a plan is developed under subparagraph (A), the 
     Administrator shall submit to the appropriate committees of 
     Congress a report describing the applicable plan.
       (4) Administrative and technical assistance.--The 
     Administrator shall, pursuant to existing authorities of the 
     Administrator, provide to States, units of local government, 
     Indian Tribes, and other entities technical assistance with 
     respect to response actions on covered mine sites.
       (e) No New Regulatory Authority.--Nothing in this section 
     provides the Administrator with new regulatory authority not 
     already established in law.

  Mr. SCHUMER. I further ask unanimous consent that the committee-
reported amendments be agreed to.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The committee-reported amendments were agreed to.
  Mr. SCHUMER. I ask unanimous consent that the bill be considered read 
a third time.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. SCHUMER. I know of no further debate on the bill, as amended.
  The ACTING PRESIDENT pro tempore. Is there further debate?
  The bill having been read the third time, the question is, Shall the 
bill pass?
  The bill (S. 3858), as amended, was passed, as follows:

                                S. 3858

       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 ``Legacy Mine Cleanup Act of 
     2024''.

     SEC. 2. OFFICE OF MOUNTAINS, DESERTS, AND PLAINS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Energy and Natural Resources of the 
     Senate;
       (C) the Committee on Environment and Public Works of the 
     Senate;
       (D) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (E) the Committee on Indian Affairs of the Senate;
       (F) the Committee on Appropriations of the House of 
     Representatives;
       (G) the Committee on Energy and Commerce of the House of 
     Representatives;
       (H) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (I) the Committee on Natural Resources of the House of 
     Representatives; and
       (J) the Committee on Oversight and Accountability of the 
     House of Representatives.
       (3) Covered mine site.--The term ``covered mine site'' 
     means the land, water, and surrounding watersheds where 
     extraction, beneficiation, or processing of hardrock ores or 
     minerals occurred, but has been discontinued, including 
     discontinued temporarily.
       (4) Indian country.--The term ``Indian country'' has the 
     meaning given the term in section 1151 of title 18, United 
     States Code.
       (5) Navajo nation abandoned uranium mine site.--The term 
     ``Navajo Nation abandoned uranium mine site'' means an 
     abandoned uranium covered mine site on land of the Navajo 
     Nation.
       (6) Office.--The term ``Office'' means the Office of 
     Mountains, Deserts, and Plains established by subsection 
     (b)(1).
       (7) Regional office.--The term ``Regional Office'' means a 
     Regional Office of the Environmental Protection Agency.
       (b) Establishment.--
       (1) In general.--There is established within the Office of 
     Land and Emergency Management of the Environmental Protection 
     Agency the Office of Mountains, Deserts, and Plains.
       (2) Director.--The Office shall be headed by a Director, to 
     be appointed by the Administrator (or a designee).
       (c) Purposes.--The purposes of the Office shall be--
       (1) to coordinate with the headquarters of the 
     Environmental Protection Agency, Regional Offices, and 
     stakeholders response actions of the Environmental Protection 
     Agency at a covered mine site, including a covered mine site 
     in Indian country (as defined in section 1151 of title 18, 
     United States Code), in accordance with Federal law;
       (2) to establish and disseminate best practices for covered 
     mine site response actions, including identifying--
       (A) innovative technologies and reuse approaches that 
     support and make progress toward those response actions; and
       (B) waste storage and disposal solutions;
       (3) to coordinate with the headquarters of the 
     Environmental Protection Agency, Regional Offices, Federal 
     land management agencies, States, and voluntary 
     nongovernmental organizations, watershed groups, nonliable 
     entities and mining companies, and other entities voluntary 
     response actions at covered mine sites, where applicable, 
     including timely issuance of administrative guidance for 
     nonliable parties;
       (4) to coordinate with the headquarters of the 
     Environmental Protection Agency and other Federal Government 
     entities, pursuant to existing authorities under section 3303 
     of title 41, United States Code, hiring practices to support 
     small business concerns to carry out response actions at 
     covered mine sites;
       (5) to coordinate with the Secretary of the Interior, the 
     Secretary of Energy, the Secretary of Health and Human 
     Services, the Nuclear Regulatory Commission, and other 
     Federal agencies, as the Administrator determines to be 
     appropriate, to ensure interagency coordination of covered 
     mine site response actions, with priority given to 
     coordinating response actions at covered mine sites for which 
     there is no potentially responsible party; and
       (6) to coordinate other actions as the Administrator 
     determines to be appropriate, pursuant to existing 
     authorities of the Administrator--
       (A) to support efforts to investigate, characterize, or 
     clean up a discharge, release, or threat of release of a 
     hazardous substance, pollutant, or contaminant into the 
     environment at or from a covered mine site; or
       (B) to establish best practices to protect and improve 
     human health and the environment and implement appropriate 
     reuse options, including through the use of innovative 
     technologies to recover valuable resources from covered mine 
     site features or areas, as applicable.
       (d) Duties.--The Administrator shall carry out through the 
     Office, at a minimum, the following duties:
       (1) Priority mine list.--
       (A) In general.--Annually, the Administrator shall identify 
     covered mine sites that are prioritized for response actions, 
     which may include covered mine sites that are or are not 
     included on the National Priorities

[[Page S2754]]

     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)).
       (B) Creation of list; reports.--The Administrator shall 
     annually--
       (i) create a list of covered mine sites identified under 
     subparagraph (A); and
       (ii) submit to the appropriate committees of Congress a 
     report describing--

       (I) the methodology used to identify those covered mine 
     sites under that subparagraph; and
       (II) the status of response actions carried out at covered 
     mine sites on the list.

       (C) Coordination.--The Administrator shall--
       (i) regularly coordinate with Regional Offices, Federal 
     agencies, States, Indian Tribes, Alaska Native Corporations, 
     and stakeholders to update the list of covered mine sites 
     identified under subparagraph (A); and
       (ii) regularly coordinate with Regional Offices on response 
     actions and share best practices with respect to each covered 
     mine site identified under subparagraph (A).
       (2) Process improvement.--
       (A) In general.--The Administrator shall, pursuant to 
     existing authorities of the Administrator--
       (i) identify best practices for developing, reviewing, and 
     approving site assessments, remedial investigations, and 
     feasibility studies for covered mine sites;
       (ii) coordinate research relating to technologies and 
     remedial and removal approaches that are the most successful 
     in limiting the acute and chronic risks posted to human 
     health and the environment by covered mine sites; and
       (iii) support--

       (I) government-to-government consultations with Indian 
     Tribes with respect to a covered mine site located within 
     Indian country; and
       (II) efforts to provide regular updates to the Tribal 
     governments involved in response actions for a covered mine 
     site located on Tribal land under the jurisdiction of the 
     Indian Tribe.

       (B) Tribal consultation.--In supporting consultations with 
     Indian Tribes under subparagraph (A)(iii)(I), the 
     Administrator, in addition to existing applicable law and 
     guidance, shall--
       (i) as appropriate, invite potentially responsible parties, 
     including Federal agencies, to participate in government-to-
     government consultations with Indian Tribes;
       (ii) as appropriate, consult with Alaska Native 
     Corporations in accordance with section 161 of division H of 
     the Consolidated Appropriations Act, 2004 (25 U.S.C. 5301 
     note; Public Law 108-199); and
       (iii) as appropriate, ensure consultations with Tribal 
     allottees occur pursuant to section 2 of the Act of February 
     5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324).
       (3) Interagency plans for uranium contamination on the 
     navajo nation; reports.--
       (A) In general.--Not later than September 30, 2027, and not 
     less frequently than once every 10 years thereafter, the 
     Administrator, in cooperation with other relevant Federal 
     agencies, including, at a minimum, the Department of Energy, 
     the Nuclear Energy Regulatory Commission, the Department of 
     the Interior, the Indian Health Service, and the Agency for 
     Toxic Substances and Disease Registry, and in consultation 
     with affected Tribal governments, shall develop a 10-year 
     interagency plan for the coordination of the Federal 
     Government with States and Tribal governments to carry out 
     response actions at Navajo Nation abandoned uranium mine 
     sites, including--
       (i) goals for the assessment of, and response actions at, 
     Navajo Nation abandoned uranium mine sites;
       (ii) target dates by which goals described in clause (i) 
     are anticipated to be achieved, subject to appropriations;
       (iii) the projected appropriations necessary to achieve 
     goals described in clause (i) by the target dates described 
     in clause (ii); and
       (iv) the activities to be carried out by each Federal 
     agency under the plan.
       (B) Reports.--Not later than 90 days after the date on 
     which a plan is developed under subparagraph (A), the 
     Administrator shall submit to the appropriate committees of 
     Congress a report describing the applicable plan.
       (4) Administrative and technical assistance.--The 
     Administrator shall, pursuant to existing authorities of the 
     Administrator, provide to States, units of local government, 
     Indian Tribes, and other entities technical assistance with 
     respect to response actions on covered mine sites.
       (e) No New Regulatory Authority.--Nothing in this section 
     provides the Administrator with new regulatory authority not 
     already established in law.

  Mr. SCHUMER. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table with no intervening action or 
debate.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________