[118th Congress Public Law 155]
[From the U.S. Government Publishing Office]
[[Page 1691]]
GOOD SAMARITAN REMEDIATION OF ABANDONED HARDROCK MINES ACT OF 2024
[[Page 138 STAT. 1692]]
Public Law 118-155
118th Congress
An Act
To promote remediation of abandoned hardrock mines, and for other
purposes. <<NOTE: Dec. 17, 2024 - [S. 2781]>> <<NOTE: Good Samaritan
Remediation of Abandoned Hardrock Mines Act of 2024. 30 USC 1245
note.>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Good Samaritan
Remediation of Abandoned Hardrock Mines Act of 2024. 30 USC 1245
note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Remediation of
Abandoned Hardrock Mines Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(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
[[Page 138 STAT. 1693]]
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 Act.
(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.
[[Page 138 STAT. 1694]]
(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 4(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).
[[Page 138 STAT. 1695]]
(12) Investigative sampling permit.--The term
``investigative sampling permit'' means a permit granted by the
Administrator under section 4(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. 3. SCOPE.
Nothing in this Act--
(1) except as provided in section 4(n), reduces any existing
liability under Federal, State, or local law;
[[Page 138 STAT. 1696]]
(2) except as provided in section 4(n), releases any person
from liability under Federal, State, or local law, except in
compliance with this Act;
(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 Act.
SEC. 4. 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 Act.
(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 Act 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 Act.
[[Page 138 STAT. 1697]]
(b) Good Samaritan Permit Eligibility.--
(1) <<NOTE: Determination.>> 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) <<NOTE: Review.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Plans.>> 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;
[[Page 138 STAT. 1698]]
(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
[[Page 138 STAT. 1699]]
(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) <<NOTE: Contracts.>> identification of any
proposed contractor that will perform any remediation
activity;
(8) <<NOTE: Schedules.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Timeline.>> 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) <<NOTE: Applicability.>> subject to subsection (d),
any other appropriate information, as determined by the
Administrator or the applicant.
[[Page 138 STAT. 1700]]
(d) Investigative Sampling.--
(1) <<NOTE: Determinations.>> 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) <<NOTE: Plan.>> 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--
[[Page 138 STAT. 1701]]
(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) <<NOTE: Public information. Records. Time
period.>> retain publicly available records of
all sampling events for a period of not less than
3 years.
(5) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Determination.>> 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
[[Page 138 STAT. 1702]]
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) <<NOTE: Public information.>> specific public
notification requirements, including the contact
information for all appropriate response centers in
accordance with subsection (o);
(D) <<NOTE: Notice.>> 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
[[Page 138 STAT. 1703]]
(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) <<NOTE: Determination.>> 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 Act; or
(ii) covered by any waiver of liability
provided by this Act 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;
[[Page 138 STAT. 1704]]
(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 Act;
(iv) any remaining proceeds are deposited into
the appropriate Good Samaritan Mine Remediation
Fund established by section 5(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) <<NOTE: Applicability.>> 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) <<NOTE: Determination.>> 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
[[Page 138 STAT. 1705]]
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) <<NOTE: Deadline. Determination. Notice. Records.>> 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) <<NOTE: Procedures.>> 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.--
[[Page 138 STAT. 1706]]
(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) <<NOTE: Procedures.>> 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.--
<<NOTE: Assessment.>> 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--
[[Page 138 STAT. 1707]]
(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) <<NOTE: Determination.>> 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
[[Page 138 STAT. 1708]]
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 Act;
(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) <<NOTE: Determination. Notification.>>
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
[[Page 138 STAT. 1709]]
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) <<NOTE: Determination.>> 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--
[[Page 138 STAT. 1710]]
(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) <<NOTE: Determination. Applicability.>> 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) <<NOTE: Notification.>> 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--
[[Page 138 STAT. 1711]]
(i) <<NOTE: Determination.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Assessment.>> 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 Act,
nothing in this Act, 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) <<NOTE: Applicability.>> In general.--A Good Samaritan
permit shall terminate, as applicable--
(A) <<NOTE: Notice. Determination.>> 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
[[Page 138 STAT. 1712]]
(C) <<NOTE: Deadlines.>> 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) <<NOTE: Time period.>> Limitation.--Any
extension granted under subparagraph (A) shall be not
more than 180 days for each extension.
(3) Effect of termination.--
(A) <<NOTE: Applicability.>> 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) <<NOTE: Determination.>> 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
[[Page 138 STAT. 1713]]
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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Contracts.>> 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 Act.
(2) Guidance if no regulations promulgated.--
(A) <<NOTE: Deadline. Determination.>> 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) <<NOTE: Time period.>> Public comments.--Before
finalizing any guidance issued under subparagraph (A),
the Administrator shall hold a 30-day public comment
period.
[[Page 138 STAT. 1714]]
SEC. 5. 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
4(f)(4)(B)(iv);
(3) any financial assurance funds collected from an
agreement described in section 4(m)(1)(A)(vi)(V)(bb);
(4) any funds collected for long-term operations and
maintenance under an agreement under section 4(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 Act 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
Act.
SEC. 6. REPORT TO CONGRESS.
(a) <<NOTE: Evaluation.>> 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 Act.
(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 Act; and
(B) each remediation project authorized by those
Good Samaritan permits;
(2) <<NOTE: Data.>> 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
Act; 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 Act; and
[[Page 138 STAT. 1715]]
(5) <<NOTE: Recommenda- tions.>> recommendations on whether
the Good Samaritan pilot program under this Act should be
continued, including a description of any modifications
(including amendments to existing law) required to continue
administering this Act.
Approved December 17, 2024.
LEGISLATIVE HISTORY--S. 2781 (H.R. 7779):
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HOUSE REPORTS: No. 118-823, Pt. 1 (Comm. on Transportation and
Infrastructure) accompanying H.R. 7779.
CONGRESSIONAL RECORD, Vol. 170 (2024):
July 31, considered and passed Senate.
Dec. 10, considered and passed House.
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