[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5231-S5237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2964. 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--
[[Page S5232]]
(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.--
(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.--
[[Page S5233]]
(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 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
[[Page S5234]]
(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.
(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;
[[Page S5235]]
(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 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.
[[Page S5236]]
(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 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.
[[Page S5237]]
(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 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); and
(5) 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 maintained as
readily available or on deposit.
(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.
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