[Congressional Record Volume 170, Number 113 (Tuesday, July 9, 2024)]
[Senate]
[Pages S4277-S4283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2082. Mr. HEINRICH (for himself and Mr. Risch) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

DIVISION E--GOOD SAMARITAN REMEDIATION OF ABANDONED HARDROCK MINES ACT 
                                OF 2024

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Good Samaritan 
     Remediation of Abandoned Hardrock Mines Act of 2024''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Abandoned hardrock mine site.--
       (A) In general.--The term ``abandoned hardrock 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 hardrock 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 hardrock 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) Baseline conditions.--The term ``baseline conditions'' 
     means the concentrations, locations, and releases of any 
     hazardous substances, pollutants, or contaminants, as 
     described in the Good Samaritan permit, present at an 
     abandoned hardrock mine site prior to undertaking any action 
     under this division.
       (5) 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 hardrock mine site described in the permit 
     application;
       (ii) a person that had a role in the creation of historic 
     mine residue at the abandoned hardrock mine site described in 
     the permit application; or
       (iii) a Federal agency.
       (6) Covered permit.--The term ``covered permit'' means--
       (A) a Good Samaritan permit; and
       (B) an investigative sampling permit.
       (7) 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.
       (8) 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 hardrock mine site at which the historic 
     mine residue is located; or
       (ii) a portion of that abandoned hardrock 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.
       (9) Good samaritan permit.--The term ``Good Samaritan 
     permit'' means a permit granted by the Administrator under 
     section 5004(a)(1).
       (10) Historic mine residue.--

[[Page S4278]]

       (A) In general.--The term ``historic mine residue'' means 
     mine residue or any condition at an abandoned hardrock 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 facilities, 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 hardrock 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 hardrock 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)).
       (11) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in--
       (A) section 518(h) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1377(h)); or
       (B) section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601).
       (12) Investigative sampling permit.--The term 
     ``investigative sampling permit'' means a permit granted by 
     the Administrator under section 5004(d)(1).
       (13) 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)); or
       (B) section 101(21) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601(21)).
       (14) 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 hardrock 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 hardrock mine 
     site.
       (15) Reservation.--The term ``reservation'' has the meaning 
     given the term ``Indian country'' in section 1151 of title 
     18, United States Code.
       (16) 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 hardrock 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 hardrock 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. 5003. SCOPE.

       Nothing in this division--
       (1) except as provided in section 5004(n), reduces any 
     existing liability under Federal, State, or local law;
       (2) except as provided in section 5004(n), releases any 
     person from liability under Federal, State, or local law, 
     except in compliance with this division;
       (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 
     division.

     SEC. 5004. ABANDONED HARDROCK 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 
     hardrock mine sites in accordance with this division.
       (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 division 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 division.
       (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 
     hardrock mine site, a person shall demonstrate that, as 
     determined by the Administrator--
       (A) the abandoned hardrock 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 hardrock 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 abandoned hardrock mine site within the term of the Good 
     Samaritan permit;
       (D) the proposed project poses a low risk to the 
     environment, as determined by the Administrator;
       (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 hardrock 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 hardrock 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 hardrock mine site 
     (including the boundaries of the abandoned hardrock 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

[[Page S4279]]

     hardrock 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 conditions 
     caused 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 
     hardrock mine site;
       (B) the flow rate and concentration of any drainage of 
     historic mine residue or other discharge from the abandoned 
     hardrock 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 human 
     health or the environment;
       (7) subject to subsection (d), a remediation plan for the 
     abandoned hardrock 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--
       (i) designed to--

       (I) improve or enhance water quality or site-specific soil 
     or sediment quality relevant to the historic mine residue 
     addressed by the remediation plan, including making 
     measurable progress toward achieving applicable water quality 
     standards; or
       (II) otherwise protect human health and the environment 
     (including through the prevention of a release, discharge, or 
     threat of release to water, sediment, or soil); and

       (ii) otherwise necessary to carry out an activity described 
     in subclause (I) or (II) of clause (i);
       (C) a plan describing the monitoring or other forms 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 hardrock 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 hardrock 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, Tribal, 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 adverse weather events or a 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, sediment, 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 (5) 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), 
     and (5) of subsection (c);
       (B) to the extent reasonably known to the applicant, any 
     previously documented water quality data describing 
     conditions at the abandoned hardrock mine site;
       (C) the evidence required under subsection (c)(3);
       (D) each plan required under paragraphs (9) and (10) of 
     subsection (c); and
       (E) 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, sediment, or water that only includes the 
     requirements described in paragraph (1), the Administrator 
     may grant an investigative sampling permit that authorizes 
     the person only to carry out the plan of investigative 
     sampling of historic mine residue, soil, sediment, 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, 
     sediment, or water, a Good Samaritan shall--
       (i) collect samples that are representative of the 
     conditions present at the abandoned hardrock 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) 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).
       (6) Permit not converted.--
       (A) In general.--Subject to subparagraph (B)(ii)(I), 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 (5); and
       (ii) to undertake remediation activities on the site where 
     investigative sampling was conducted on conclusion of 
     investigative sampling.
       (B) Effect of lack of conversion.--
       (i) In general.--Notwithstanding a refusal by a Good 
     Samaritan to convert an investigative sampling permit into a 
     Good Samaritan permit under subparagraph (A), but subject to 
     clause (ii), the provisions of paragraphs (1) through (4) of 
     subsection (n) shall continue to apply to the Good Samaritan 
     and any cooperating persons after the refusal to convert.
       (ii) Degradation of surface water quality.--

       (I) Opportunity to correct.--If, before the date on which a 
     Good Samaritan refuses to convert an investigative sampling 
     permit under subparagraph (A), actions by the Good Samaritan 
     or any cooperating person have caused conditions at the 
     abandoned hardrock mine site to be measurably worse, as 
     determined by the Administrator, when compared to conditions 
     described pursuant to paragraph (3)(B), if applicable, the 
     Administrator shall provide the Good Samaritan or cooperating 
     person, as applicable, the opportunity to return the 
     conditions at the abandoned hardrock mine site to those 
     conditions.
       (II) Effect.--If, pursuant to subclause (I), the applicable 
     Good Samaritan or cooperating person does not return the 
     surface water quality at the abandoned hardrock mine site to 
     conditions described pursuant to paragraph (3)(B), if 
     applicable, as determined by the Administrator, clause (i) 
     shall not apply to the Good Samaritan or any cooperating 
     persons.

[[Page S4280]]

       (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 hardrock 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 conditions monitoring, monitoring during the 
     remediation project, and post-remediation monitoring of the 
     environment under paragraphs (7) and (14) 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 division; or
       (ii) covered by any waiver of liability provided by this 
     division 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 
     division;

       (iv) any remaining proceeds are deposited into the 
     appropriate Good Samaritan Mine Remediation Fund established 
     by section 5005(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 (subject 
     to subsection (r)(5) in the case of a project located on 
     Federal land) allow the Good Samaritan to return to the 
     abandoned hardrock mine site after the completion of the 
     remediation to perform operations and maintenance or other 
     work--
       (1) to ensure the functionality of completed remediation 
     activities at the abandoned hardrock 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 hardrock mine site under this 
     section that, as determined by the Administrator, is complete 
     and meets all applicable requirements of subsection (c), 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

[[Page S4281]]

     treaty rights to land or water, located downstream from or 
     otherwise near a proposed remediation project that is 
     reasonably anticipated to be impacted by the remediation 
     project or a potential release of contaminants from the 
     abandoned hardrock 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 hardrock 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 hardrock 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 that is managed by only 1 Federal land 
     management agency, the applicable Federal land management 
     agency;
       (ii) in the case of a proposed project entirely on State, 
     Tribal, or private land, the Administrator;
       (iii) in the case of a proposed project partially on land 
     owned by the United States and partially on State, Tribal, or 
     private land, the applicable Federal land management agency; 
     and
       (iv) in the case of a proposed project on land owned by the 
     United States that is managed by more than 1 Federal land 
     management agency, the Federal land management agency 
     selected by the Administrator to be the lead agency, after 
     consultation with the applicable Federal land management 
     agencies.
       (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 (as defined 
     in section 111 of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4336e)).
       (ii) Significant impact.--If the head of the lead agency is 
     unable to issue a finding of no significant impact (as so 
     defined), 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 hardrock 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 hardrock mine site to protect human 
     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 the permit, will make measurable 
     progress toward achieving--

       (I) applicable water quality standards;
       (II) improved soil quality;
       (III) improved sediment quality;
       (IV) other improved environmental or safety conditions; or
       (V) reductions in threats to soil, sediment, or water 
     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 division;
       (B) the State or Indian tribe with jurisdiction over land 
     on which the abandoned hardrock 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 covered permit, after the 
     termination of the Good Samaritan permit, and after declining 
     to convert an investigative sampling permit into a Good 
     Samaritan permit, as applicable;
       (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 covered permit, 
     after the termination of the Good Samaritan permit, and after 
     declining to convert an investigative sampling permit into a 
     Good Samaritan permit, as applicable; and
       (C) shall not be required to obtain any authorizations, 
     licenses, or permits that would

[[Page S4282]]

     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 covered permit shall 
     be subject to all applicable law.
       (B) Liability.--Any activity not authorized by a covered 
     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 hardrock 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 covered permit, after the 
     termination of the Good Samaritan permit, and after declining 
     to convert an investigative sampling permit into a Good 
     Samaritan permit, as applicable.
       (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 the 
     Administrator determines are measurably worse than the 
     baseline conditions as described in the permit (in the case 
     of a Good Samaritan permit) or the conditions as described 
     pursuant to subsection (d)(3)(B), if applicable (in the case 
     of an investigative sampling permit), at the abandoned 
     hardrock 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 
     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, as determined by the 
     Administrator, 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), for activities that are eligible for 
     funding under that section; and
       (2) section 104(k) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9604(k)), subject to the condition that the recipient of the 
     funding is otherwise eligible under that section to receive a 
     grant to assess or remediate contamination at the site 
     covered by the Good Samaritan permit.
       (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 
     division, nothing in this division, 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 Good Samaritan 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 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 conditions.--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 
     hardrock mine site to be measurably worse, as determined by 
     the Administrator, when compared to baseline conditions 
     described in the permit, 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 hardrock mine site to 
     the baseline conditions described in the permit, as 
     determined by the Administrator, subparagraph (A) shall not 
     apply to the Good Samaritan or any cooperating persons.
       (4) Unforeseen circumstances.--
       (A) In general.--The recipient of a Good Samaritan permit 
     may seek to modify or terminate the Good Samaritan 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;
       (ii) was not--

       (I) reasonably contemplated by the recipient of the Good 
     Samaritan permit; or
       (II) taken into account in the remediation plan of the 
     recipient of the Good Samaritan permit; and

       (iii) is beyond the control of the recipient of the Good 
     Samaritan permit, as determined by the Administrator.
       (B) Termination.--The Administrator shall terminate a Good 
     Samaritan permit if--
       (i) the recipient of the Good Samaritan 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 Good Samaritan permit may result in 
     surface water quality conditions, or any

[[Page S4283]]

     other environmental conditions, that will be worse than the 
     baseline conditions, as described in the Good Samaritan 
     permit, as applicable.
       (5) Long-term operations and maintenance.--In the case of a 
     project that involves long-term operations and maintenance at 
     an abandoned hardrock mine site located on land owned by the 
     United States, the project may be considered complete and the 
     Administrator, in coordination with the applicable Federal 
     land management agency, 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), the 
     Administrator, in consultation with the Secretary of the 
     Interior and the Secretary of Agriculture, and appropriate 
     State, Tribal, and local officials, may promulgate any 
     regulations that the Administrator determines to be necessary 
     to carry out this division.
       (2) Guidance if no regulations promulgated.--
       (A) In general.--If the Administrator does not initiate a 
     regulatory process to promulgate regulations under paragraph 
     (1) within 180 days after the date of enactment of this Act, 
     the Administrator, in consultation with the Secretary of the 
     Interior, the Secretary of Agriculture, and appropriate 
     State, Tribal, and local officials, shall issue guidance 
     establishing specific requirements that the Administrator 
     determines would facilitate the implementation of this 
     section.
       (B) Public comments.--Before finalizing any guidance issued 
     under subparagraph (A), the Administrator shall hold a 30-day 
     public comment period.

     SEC. 5005. 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 
     5004(f)(4)(B)(iv);
       (3) any financial assurance funds collected from an 
     agreement described in section 5004(m)(1)(A)(vi)(V)(bb);
       (4) any funds collected for long-term operations and 
     maintenance under an agreement under section 5004(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 division 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 
     division.

     SEC. 5006. 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 division.
       (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 division; and
       (B) each remediation project authorized by those Good 
     Samaritan permits;
       (2) interim or final 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 
     division; 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 division; and
       (5) recommendations on whether the Good Samaritan pilot 
     program under this division should be continued, including a 
     description of any modifications (including amendments to 
     existing law) required to continue administering this 
     division.
                                 ______