II 

117TH CONGRESS 

2D SESSION S. 5294 

To amend the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 to establish within the Environmental Protection 

Agency the Office of Mountains, Deserts, and Plains, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19, 2022 

Mr. KELLY (for himself and Ms. LUMMIS) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to establish within 

the Environmental Protection Agency the Office of 

Mountains, Deserts, and Plains, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Legacy Mine Cleanup 

5 Act of 2022’’. 


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

2 Title I of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act of 1980 (42 

4 U.S.C. 9601 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 129. OFFICE OF MOUNTAINS, DESERTS, AND PLAINS. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘appropriate committees of Con10 gress’ means— 

11 ‘‘(A) the Committee on Appropriations of 

12 the Senate; 

13 ‘‘(B) the Committee on Energy and Nat14 ural Resources of the Senate; 

15 ‘‘(C) the Committee on Environment and 

16 Public Works of the Senate; 

17 ‘‘(D) the Committee on Health, Education, 

18 Labor, and Pensions of the Senate; 

19 ‘‘(E) the Committee on Indian Affairs of 

20 the Senate; 

21 ‘‘(F) the Committee on Appropriations of 

22 the House of Representatives; 

23 ‘‘(G) the Committee on Energy and Com24 merce of the House of Representatives; 


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1 ‘‘(H) the Committee on Transportation 

2 and Infrastructure of the House of Representa3 tives; 

4 ‘‘(I) the Committee on Natural Resources 

5 of the House of Representatives; and 

6 ‘‘(J) the Committee on Oversight and Re7 form of the House of Representatives. 

8 ‘‘(2) COVERED MINE.—The term ‘covered mine’ 

9 means an abandoned hardrock mine site. 

10 ‘‘(3) ELIGIBLE NON-NPL SITE.—The term ‘eli11 gible non-NPL site’ means a site— 

12 ‘‘(A) that is not on the National Priorities 

13 List; but 

14 ‘‘(B) with respect to which the Adminis15 trator determines that— 

16 ‘‘(i) the site would be eligible for list17 ing on the National Priorities List based 

18 on the presence of hazards from contami19 nation at the site, applying the hazard 

20 ranking system described in section 105(c); 

21 and 

22 ‘‘(ii) for removal site evaluations, en23 gineering evaluations/cost analyses, reme24 dial planning activities, remedial investiga25 tions and feasibility studies, and other acVerDate Sep 11 2014 05:11 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5294.IS S5294

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1 tions taken pursuant to section 104(b), the 

2 site— 

3 ‘‘(I) has undergone a pre4 CERCLA screening; and 

5 ‘‘(II) is included in the Super6 fund Enterprise Management System. 

7 ‘‘(4) NAVAJO NATION ABANDONED URANIUM

8 MINE SITE.—The term ‘Navajo Nation abandoned 

9 uranium mine site’ means an abandoned uranium 

10 mine site on land of the Navajo Nation. 

11 ‘‘(5) OFFICE.—The term ‘Office’ means the Of12 fice of Mountains, Deserts, and Plains established by 

13 subsection (b)(1). 

14 ‘‘(6) REGIONAL OFFICE.—The term ‘Regional 

15 Office’ means a Regional Office of the Environ16 mental Protection Agency. 

17 ‘‘(b) ESTABLISHMENT.— 

18 ‘‘(1) IN GENERAL.—There is established within 

19 the Environmental Protection Agency the Office of 

20 Mountains, Deserts, and Plains. 

21 ‘‘(2) DIRECTOR.—The Office shall be headed by 

22 a Director, to be appointed by the Administrator (or 

23 a designee). 

24 ‘‘(c) PURPOSES.—The purposes of the Office shall 

25 be— 


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1 ‘‘(1) to coordinate and provide oversight over 

2 response actions of the Environmental Protection 

3 Agency carried out at a covered mine in accordance 

4 with this Act; 

5 ‘‘(2) to establish and disseminate best practices 

6 for covered mine response actions, including identi7 fying innovative technologies and reuse approaches 

8 that support those response actions; 

9 ‘‘(3) to collaborate with Regional Offices, Fed10 eral land management agencies, States, and vol11 untary nongovernmental organizations, watershed 

12 groups, nonliable mining companies, and other enti13 ties to facilitate voluntary response actions at cov14 ered mines; 

15 ‘‘(4) to lead Environmental Protection Agency 

16 efforts to coordinate and expedite the completion of 

17 response actions at covered mines on Tribal land, in18 cluding Navajo Nation abandoned uranium mine 

19 sites; 

20 ‘‘(5) to coordinate with the Secretary of the In21 terior, the Secretary of Energy, the Secretary of 

22 Health and Human Services, the Nuclear Regulatory 

23 Commission, and other Federal agencies, as the Ad24 ministrator determines to be appropriate, to ensure 

25 interagency coordination of covered mine response 


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1 actions, with priority given to coordinating, and 

2 where possible, combining, Federal efforts to fund 

3 response actions at covered mines for which there is 

4 no potentially responsible party; and 

5 ‘‘(6) to carry out other actions, as determined 

6 to be necessary by the Administrator— 

7 ‘‘(A) to support efforts to investigate, char8 acterize, or cleanup a discharge, release, or 

9 threat of release of a hazardous substance, pol10 lutant, or contaminant into the environment at 

11 or from a covered mine; or 

12 ‘‘(B) to otherwise protect and improve 

13 human health and the environment. 

14 ‘‘(d) DUTIES.—The Administrator shall carry out 

15 through the Office, at a minimum, the following duties: 

16 ‘‘(1) EMPHASIS LIST.— 

17 ‘‘(A) IN GENERAL.—The Administrator 

18 shall establish a list of covered mines that are 

19 prioritized for response actions under this Act. 

20 ‘‘(B) UPDATES; REPORTS.—The Adminis21 trator shall annually— 

22 ‘‘(i) update the list under subpara23 graph (A); and 


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1 ‘‘(ii) submit to the appropriate com2 mittees of Congress a report describing the 

3 covered mines on the list. 

4 ‘‘(C) COORDINATION.—The Administrator 

5 shall— 

6 ‘‘(i) regularly coordinate with Re7 gional Offices, Federal agencies, States, 

8 Indian tribes, and stakeholders to make 

9 progress with respect to the covered mines 

10 on the list under subparagraph (A); and 

11 ‘‘(ii) ensure that Regional Offices 

12 make progress with respect to each covered 

13 mine on the list. 

14 ‘‘(2) COMMUNITY ENGAGEMENT.—The Admin15 istrator shall— 

16 ‘‘(A) maintain and update, as needed, best 

17 practices for engaging with local communities 

18 with respect to response actions on covered 

19 mines; and 

20 ‘‘(B) coordinate with Regional Offices to 

21 support engagement with local communities de22 scribed in subparagraph (A). 

23 ‘‘(3) PROCESS IMPROVEMENT.— 

24 ‘‘(A) IN GENERAL.—The Administrator 

25 shall— 


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1 ‘‘(i) establish a standard process for 

2 developing, reviewing, and approving site 

3 assessments, remedial investigations, and 

4 feasibility studies for covered mines; 

5 ‘‘(ii) conduct research of, and identify, 

6 technologies and remedial and removal ap7 proaches that are the most successful in 

8 limiting the acute and chronic risks posted 

9 to human health and the environment by 

10 covered mines; 

11 ‘‘(iii) to the extent technically feasible, 

12 establish remedial and removal standards 

13 for various types of covered mines, includ14 ing type of mineral and design; and 

15 ‘‘(iv) support— 

16 ‘‘(I) consultations with Indian 

17 tribes with respect to covered mines; 

18 and 

19 ‘‘(II) efforts to provide regular 

20 updates to all levels a Tribal govern21 ment with respect to response actions 

22 for covered mines. 

23 ‘‘(B) TRIBAL CONSULTATION.—In sup24 porting consultations with Indian tribes under 


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1 subparagraph (A)(iv)(I), the Administrator 

2 shall— 

3 ‘‘(i) share all available covered mine 

4 data with Tribal partners; and 

5 ‘‘(ii) ensure that Tribal allottee right6 of-way regulations of the Eastern Regional 

7 Office of the Bureau of Indian Affairs are 

8 followed. 

9 ‘‘(4) INTERAGENCY PLAN TO ADDRESS URA10 NIUM CONTAMINATION ON THE NAVAJO NATION.— 

11 Not later than 1 year after the date of enactment 

12 of this section, and not less frequently than once 

13 every 5 years thereafter, the Administrator, in con14 sultation with all levels of affected Tribal govern15 ments, shall prepare and submit to the appropriate 

16 committees of Congress a report describing a multi17 year interagency plan for the coordination of the 

18 Federal Government with States and Tribal govern19 ments to carry out response actions at Navajo Na20 tion abandoned uranium mine sites, including— 

21 ‘‘(A) goals for the assessment of, and re22 sponse actions at, Navajo Nation abandoned 

23 uranium mine sites; 


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1 ‘‘(B) target dates by which goals described 

2 in subparagraph (A) are anticipated to be 

3 achieved; and 

4 ‘‘(C) the activities to be carried out by 

5 each Federal agency under the plan. 

6 ‘‘(5) ADMINISTRATIVE AND TECHNICAL ASSIST7 ANCE.—The Administrator shall, as appropriate, 

8 provide to States, units of local government, Indian 

9 tribes, and other entities technical assistance with 

10 respect to response actions on covered mines. 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS FOR

12 SUPERFUND ACTIONS AT ABANDONED HARDROCK MIN13 ING SITES ON TRIBAL LAND.— 

14 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—In 

15 addition to amounts otherwise available, there are 

16 authorized to be appropriated for each of fiscal years 

17 2023 through 2032, to remain available until ex18 pended— 

19 ‘‘(A) $97,000,000 to the Administrator to 

20 carry out this subsection (except for paragraph 

21 (3)); and 

22 ‘‘(B) $3,000,000 to the Administrator of 

23 the Agency for Toxic Substances and Disease 

24 Registry to carry out paragraph (3). 


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1 ‘‘(2) USES OF AMOUNTS.—Amounts appro2 priated under paragraph (1)(A) shall be used by the 

3 Administrator— 

4 ‘‘(A) to carry out removal actions on aban5 doned hardrock mine land located on Tribal 

6 land; 

7 ‘‘(B) to carry out response actions, includ8 ing removal and remedial planning activities, 

9 removal and remedial studies, remedial actions, 

10 and other actions taken pursuant to section 

11 104(b) on abandoned hardrock mine land lo12 cated on Tribal land at— 

13 ‘‘(i) eligible non-NPL sites; and 

14 ‘‘(ii) sites listed on the National Pri15 orities List; and 

16 ‘‘(C) to make grants under paragraph (4). 

17 ‘‘(3) HEALTH ASSESSMENTS.—Subject to the 

18 availability of appropriations, the Agency for Toxic 

19 Substances and Disease Registry, in coordination 

20 with Tribal health authorities, shall perform 1 or 

21 more health assessments at each eligible non-NPL 

22 site that is located on Tribal land. 

23 ‘‘(4) TRIBAL GRANTS.— 

24 ‘‘(A) IN GENERAL.—The Administrator 

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1 graph (1)(A) to make grants to eligible entities 

2 for the purposes described in subparagraph (C). 

3 ‘‘(B) ELIGIBLE ENTITIES.—An entity that 

4 is eligible to receive a grant under this para5 graph is— 

6 ‘‘(i) the governing body of an Indian 

7 tribe; and 

8 ‘‘(ii) a legally established organization 

9 of Indians that— 

10 ‘‘(I) is controlled, sanctioned, or 

11 chartered by the governing bodies of 1 

12 or more Indian tribes to be served, or 

13 that is democratically elected by the 

14 adult members of the Indian commu15 nity to be served, by that organiza16 tion; and 

17 ‘‘(II) includes the maximum par18 ticipation of Indians in all phases of 

19 the activities of that organization. 

20 ‘‘(C) USE OF GRANT FUNDS.—A grant 

21 under this paragraph shall be used— 

22 ‘‘(i) for carrying out activities in ac23 cordance with the second sentence of sec24 tion 117(e)(1); 


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1 ‘‘(ii) for obtaining technical assistance 

2 in carrying out response actions under 

3 clause (iii); or 

4 ‘‘(iii) for carrying out response ac5 tions, if the Administrator determines that 

6 the Indian tribe has the capability to carry 

7 out any or all of those response actions in 

8 accordance with the criteria and priorities 

9 established pursuant to section 105(a)(8). 

10 ‘‘(D) APPLICATIONS.—To be eligible to re11 ceive a grant under this paragraph, an eligible 

12 entity shall submit to the Administrator an ap13 plication at such time, in such manner, and 

14 containing such information as the Adminis15 trator may require. 

16 ‘‘(E) COST SHARE.—The Federal share of 

17 the cost of activities carried out using a grant 

18 under this paragraph shall be 100 percent. 

19 ‘‘(5) STATUTE OF LIMITATIONS.—If a response 

20 action described in paragraph (2)(B) is scheduled at 

21 an eligible non-NPL site, no action may be com22 menced for damages with respect to that eligible 

23 non-NPL site unless the action is commenced within 

24 the timeframe provided for such actions with respect 

25 to facilities on the National Priorities List in the 


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1 first sentence of the matter following subparagraph 

2 (B) of section 113(g)(1). 

3 ‘‘(6) COORDINATION.—The Administrator shall 

4 coordinate with the Indian tribe on whose land the 

5 applicable site is located in— 

6 ‘‘(A) selecting and prioritizing sites for re7 sponse actions under subparagraphs (A) and 

8 (B) of paragraph (2); and 

9 ‘‘(B) carrying out those response actions.’’. 

10 SEC. 3. ABANDONED AND INACTIVE NONCOAL MINE RES11 TORATION. 

12 Section 560 of the Water Resources Development Act 

13 of 1999 (33 U.S.C. 2336) is amended— 

14 (1) in subsection (c), by inserting ‘‘or on land 

15 taken into trust by the Secretary of the Interior on 

16 behalf of, and for the benefit of, an Indian Tribe’’ 

17 after ‘‘land owned by the United States’’; and 

18 (2) in subsection (f), by striking ‘‘$30,000,000’’ 

19 and inserting ‘‘$50,000,000’’. 

Æ 


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