I 

118TH CONGRESS 

2D SESSION H. R. 7779 

To promote remediation of abandoned hardrock mines, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2024 

Ms. MALOY (for herself, Mrs. PELTOLA, Mr. CURTIS, Ms. LEE of Nevada, Mr. 

FULCHER, Mr. COSTA, and Mr. MOORE of Utah) introduced the following 

bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, 

and Natural Resources, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To promote remediation of abandoned hardrock mines, 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 ‘‘Good Samaritan Reme5 diation of Abandoned Hardrock Mines Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ABANDONED HARDROCK MINE SITE.— 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 7779 IH

1 (A) IN GENERAL.—The term ‘‘abandoned 

2 hardrock mine site’’ means an abandoned or in3 active hardrock mine site and any facility asso4 ciated with an abandoned or inactive hardrock 

5 mine site— 

6 (i) that was used for the production of 

7 a mineral other than coal conducted on 

8 Federal land under sections 2319 through 

9 2352 of the Revised Statutes (commonly 

10 known as the ‘‘Mining Law of 1872’’; 30 

11 U.S.C. 22 et seq.) or on non-Federal land; 

12 and 

13 (ii) for which, based on information 

14 supplied by the Good Samaritan after re15 view of publicly available data and after re16 view of other information in the possession 

17 of the Administrator, the Administrator or, 

18 in the case of a site on land owned by the 

19 United States, the Federal land manage20 ment agency, determines that no respon21 sible owner or operator has been identi22 fied— 

23 (I) who is potentially liable for, 

24 or has been required to perform or 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 7779 IH

1 pay for, environmental remediation 

2 activities under applicable law; and 

3 (II) other than, in the case of a 

4 mine site located on land owned by 

5 the United States, a Federal land 

6 management agency that has not been 

7 involved in mining activity on that 

8 land, except that the approval of a 

9 plan of operations under the hardrock 

10 mining regulations of the applicable 

11 Federal land management agency 

12 shall not be considered involvement in 

13 the mining activity. 

14 (B) INCLUSION.—The term ‘‘abandoned 

15 hardrock mine site’’ includes a hardrock mine 

16 site (including associated facilities) that was 

17 previously the subject of a completed response 

18 action under the Comprehensive Environmental 

19 Response, Compensation, and Liability Act of 

20 1980 (42 U.S.C. 9601 et seq.) or a similar 

21 Federal and State reclamation or cleanup pro22 gram, including the remediation of mine-scarred 

23 land under the brownfields revitalization pro24 gram under section 104(k) of that Act (42 

25 U.S.C. 9604(k)). 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 7779 IH

1 (C) EXCLUSIONS.—The term ‘‘abandoned 

2 hardrock mine site’’ does not include a mine 

3 site (including associated facilities)— 

4 (i) in a temporary shutdown or ces5 sation; 

6 (ii) included on the National Priorities 

7 List developed by the President in accord8 ance with section 105(a)(8)(B) of the 

9 Comprehensive Environmental Response, 

10 Compensation, and Liability Act of 1980 

11 (42 U.S.C. 9605(a)(8)(B)) or proposed for 

12 inclusion on that list; 

13 (iii) that is the subject of a planned or 

14 ongoing response action under the Com15 prehensive Environmental Response, Com16 pensation, and Liability Act of 1980 (42 

17 U.S.C. 9601 et seq.) or a similar Federal 

18 and State reclamation or cleanup program; 

19 (iv) that has a responsible owner or 

20 operator; or 

21 (v) that actively mined or processed 

22 minerals after December 11, 1980. 

23 (2) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency. 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 7779 IH

1 (3) APPLICABLE WATER QUALITY STAND2 ARDS.—The term ‘‘applicable water quality stand3 ards’’ means the water quality standards promul4 gated by the Administrator or adopted by a State or 

5 Indian tribe and approved by the Administrator pur6 suant to the Federal Water Pollution Control Act 

7 (33 U.S.C. 1251 et seq.). 

8 (4) BASELINE CONDITIONS.—The term ‘‘base9 line conditions’’ means the concentrations, locations, 

10 and releases of any hazardous substances, pollut11 ants, or contaminants, as described in the Good Sa12 maritan permit, present at an abandoned hardrock 

13 mine site prior to undertaking any action under this 

14 Act. 

15 (5) COOPERATING PERSON.— 

16 (A) IN GENERAL.—The term ‘‘cooperating 

17 person’’ means any person that is named by the 

18 Good Samaritan in the permit application as a 

19 cooperating entity. 

20 (B) EXCLUSIONS.—The term ‘‘cooperating 

21 person’’ does not include— 

22 (i) a responsible owner or operator 

23 with respect to the abandoned hardrock 

24 mine site described in the permit applica25 tion; 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•HR 7779 IH

1 (ii) a person that had a role in the 

2 creation of historic mine residue at the 

3 abandoned hardrock mine site described in 

4 the permit application; or 

5 (iii) a Federal agency. 

6 (6) COVERED PERMIT.—The term ‘‘covered per7 mit’’ means— 

8 (A) a Good Samaritan permit; and 

9 (B) an investigative sampling permit. 

10 (7) FEDERAL LAND MANAGEMENT AGENCY.— 

11 The term ‘‘Federal land management agency’’ 

12 means any Federal agency authorized by law or ex13 ecutive order to exercise jurisdiction, custody, or 

14 control over land owned by the United States. 

15 (8) GOOD SAMARITAN.—The term ‘‘Good Sa16 maritan’’ means a person that, with respect to his17 toric mine residue, as determined by the Adminis18 trator— 

19 (A) is not a past or current owner or oper20 ator of— 

21 (i) the abandoned hardrock mine site 

22 at which the historic mine residue is lo23 cated; or 

24 (ii) a portion of that abandoned 

25 hardrock mine site; 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•HR 7779 IH

1 (B) had no role in the creation of the his2 toric mine residue; and 

3 (C) is not potentially liable under any Fed4 eral, State, Tribal, or local law for the remedi5 ation, treatment, or control of the historic mine 

6 residue. 

7 (9) GOOD SAMARITAN PERMIT.—The term 

8 ‘‘Good Samaritan permit’’ means a permit granted 

9 by the Administrator under section 4(a)(1). 

10 (10) HISTORIC MINE RESIDUE.— 

11 (A) IN GENERAL.—The term ‘‘historic 

12 mine residue’’ means mine residue or any con13 dition at an abandoned hardrock mine site re14 sulting from hardrock mining activities. 

15 (B) INCLUSIONS.—The term ‘‘historic 

16 mine residue’’ includes— 

17 (i) previously mined ores and minerals 

18 other than coal that contribute to acid 

19 mine drainage or other pollution; 

20 (ii) equipment (including materials in 

21 equipment); 

22 (iii) any tailings facilities, heap leach 

23 piles, dump leach piles, waste rock, over24 burden, slag piles, or other waste or mate25 rial resulting from any extraction, 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•HR 7779 IH

1 beneficiation, or other processing activity 

2 that occurred during the active operation 

3 of an abandoned hardrock mine site; 

4 (iv) any acidic or otherwise polluted 

5 flow in surface water or groundwater that 

6 originates from, or is pooled and contained 

7 in, an inactive or abandoned hardrock 

8 mine site, such as underground workings, 

9 open pits, in-situ leaching operations, 

10 ponds, or impoundments; 

11 (v) any hazardous substance (as de12 fined in section 101 of the Comprehensive 

13 Environmental Response, Compensation, 

14 and Liability Act of 1980 (42 U.S.C. 

15 9601)); 

16 (vi) any pollutant or contaminant (as 

17 defined in section 101 of the Comprehen18 sive Environmental Response, Compensa19 tion, and Liability Act of 1980 (42 U.S.C. 

20 9601)); and 

21 (vii) any pollutant (as defined in sec22 tion 502 of the Federal Water Pollution 

23 Control Act (33 U.S.C. 1362)). 

24 (11) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

25 has the meaning given the term in— 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•HR 7779 IH

1 (A) section 518(h) of the Federal Water 

2 Pollution Control Act (33 U.S.C. 1377(h)); or 

3 (B) section 101 of the Comprehensive En4 vironmental Response, Compensation, and Li5 ability Act of 1980 (42 U.S.C. 9601). 

6 (12) INVESTIGATIVE SAMPLING PERMIT.—The 

7 term ‘‘investigative sampling permit’’ means a per8 mit granted by the Administrator under section 

9 4(d)(1). 

10 (13) PERSON.—The term ‘‘person’’ means any 

11 entity described in— 

12 (A) section 502(5) of the Federal Water 

13 Pollution Control Act (33 U.S.C. 1362(5)); or 

14 (B) section 101(21) of the Comprehensive 

15 Environmental Response, Compensation, and 

16 Liability Act of 1980 (42 U.S.C. 9601(21)). 

17 (14) REMEDIATION.— 

18 (A) IN GENERAL.—The term ‘‘remedi19 ation’’ means any action taken to investigate, 

20 characterize, or cleanup, in whole or in part, a 

21 discharge, release, or threat of release of a haz22 ardous substance, pollutant, or contaminant 

23 into the environment at or from an abandoned 

24 hardrock mine site, or to otherwise protect and 

25 improve human health and the environment. 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•HR 7779 IH

1 (B) INCLUSION.—The term ‘‘remediation’’ 

2 includes any action to remove, treat, or contain 

3 historic mine residue to prevent, minimize, or 

4 reduce— 

5 (i) the release or threat of release of 

6 a hazardous substance, pollutant, or con7 taminant that would harm human health 

8 or the environment; or 

9 (ii) a migration or discharge of a haz10 ardous substance, pollutant, or contami11 nant that would harm human health or the 

12 environment. 

13 (C) EXCLUSION.—The term ‘‘remediation’’ 

14 does not include any action that requires plug15 ging, opening, or otherwise altering the portal 

16 or adit of the abandoned hardrock mine site. 

17 (15) RESERVATION.—The term ‘‘reservation’’ 

18 has the meaning given the term ‘‘Indian country’’ in 

19 section 1151 of title 18, United States Code. 

20 (16) RESPONSIBLE OWNER OR OPERATOR.— 

21 The term ‘‘responsible owner or operator’’ means a 

22 person that is— 

23 (A)(i) legally responsible under section 301 

24 of the Federal Water Pollution Control Act (33 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•HR 7779 IH

1 U.S.C. 1311) for a discharge that originates 

2 from an abandoned hardrock mine site; and 

3 (ii) financially able to comply with each re4 quirement described in that section; or 

5 (B)(i) a present or past owner or operator 

6 or other person that is liable with respect to a 

7 release or threat of release of a hazardous sub8 stance, pollutant, or contaminant associated 

9 with the historic mine residue at or from an 

10 abandoned hardrock mine site under section 

11 104, 106, 107, or 113 of the Comprehensive 

12 Environmental Response, Compensation, and 

13 Liability Act of 1980 (42 U.S.C. 9604, 9606, 

14 9607, 9613); and 

15 (ii) financially able to comply with each re16 quirement described in those sections, as appli17 cable. 

18 SEC. 3. SCOPE. 

19 Nothing in this Act— 

20 (1) except as provided in section 4(n), reduces 

21 any existing liability under Federal, State, or local 

22 law; 

23 (2) except as provided in section 4(n), releases 

24 any person from liability under Federal, State, or 

25 local law, except in compliance with this Act; 


ssavage on LAPJG3WLY3PROD with BILLS
12 

•HR 7779 IH

1 (3) authorizes the conduct of any mining or 

2 processing other than the conduct of any processing 

3 of previously mined ores, minerals, wastes, or other 

4 materials that is authorized by a Good Samaritan 

5 permit; 

6 (4) imposes liability on the United States or a 

7 Federal land management agency pursuant to sec8 tion 107 of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42 

10 U.S.C. 9607) or section 301 of the Federal Water 

11 Pollution Control Act (33 U.S.C. 1311); or 

12 (5) relieves the United States or any Federal 

13 land management agency from any liability under 

14 section 107 of the Comprehensive Environmental 

15 Response, Compensation, and Liability Act of 1980 

16 (42 U.S.C. 9607) or section 301 of the Federal 

17 Water Pollution Control Act (33 U.S.C. 1311) that 

18 exists apart from any action undertaken pursuant to 

19 this Act. 

20 SEC. 4. ABANDONED HARDROCK MINE SITE GOOD SAMARI21 TAN PILOT PROJECT AUTHORIZATION. 

22 (a) ESTABLISHMENT.— 

23 (1) IN GENERAL.—The Administrator shall es24 tablish a pilot program under which the Adminis25 trator shall grant not more than 15 Good Samaritan 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•HR 7779 IH

1 permits to carry out projects to remediate historic 

2 mine residue at any portions of abandoned hardrock 

3 mine sites in accordance with this Act. 

4 (2) OVERSIGHT OF PERMITS.—The Adminis5 trator may oversee the remediation project under 

6 paragraph (1), and any action taken by the applica7 ble Good Samaritan or any cooperating person 

8 under the applicable Good Samaritan permit, for the 

9 duration of the Good Samaritan permit, as the Ad10 ministrator determines to be necessary to review the 

11 status of the project. 

12 (3) SUNSET.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the pilot program described 

15 in paragraph (1) shall terminate on the date 

16 that is 7 years after the date of enactment of 

17 this Act. 

18 (B) EXCEPTION.—Notwithstanding sub19 paragraph (A), the Administrator may grant a 

20 Good Samaritan permit pursuant to this Act 

21 after the date identified in subparagraph (A) if 

22 the application for the Good Samaritan per23 mit— 

24 (i) was submitted not later than 180 

25 days before that date; and 


ssavage on LAPJG3WLY3PROD with BILLS
14 

•HR 7779 IH

1 (ii) was completed in accordance with 

2 subsection (c) by not later than 7 years 

3 after the date of enactment of this Act. 

4 (C) EFFECT ON CERTAIN PERMITS.—Any 

5 Good Samaritan permit granted by the deadline 

6 prescribed in subparagraph (A) or (B), as ap7 plicable, that is in effect on the date that is 7 

8 years after the date of enactment of this Act 

9 shall remain in effect after that date in accord10 ance with— 

11 (i) the terms and conditions of the 

12 Good Samaritan permit; and 

13 (ii) this Act. 

14 (b) GOOD SAMARITAN PERMIT ELIGIBILITY.— 

15 (1) IN GENERAL.—To be eligible to receive a 

16 Good Samaritan permit to carry out a project to re17 mediate an abandoned hardrock mine site, a person 

18 shall demonstrate that, as determined by the Admin19 istrator— 

20 (A) the abandoned hardrock mine site that 

21 is the subject of the application for a Good Sa22 maritan permit is located in the United States; 

23 (B) the purpose of the proposed project is 

24 the remediation at that abandoned hardrock 

25 mine site of historic mine residue; 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•HR 7779 IH

1 (C) the proposed activities are designed to 

2 result in the partial or complete remediation of 

3 historic mine residue at the abandoned 

4 hardrock mine site within the term of the Good 

5 Samaritan permit; 

6 (D) the proposed project poses a low risk 

7 to the environment, as determined by the Ad8 ministrator; 

9 (E) to the satisfaction of the Adminis10 trator, the person— 

11 (i) possesses, or has the ability to se12 cure, the financial and other resources nec13 essary— 

14 (I) to complete the permitted 

15 work, as determined by the Adminis16 trator; and 

17 (II) to address any contingencies 

18 identified in the Good Samaritan per19 mit application described in subsection 

20 (c); 

21 (ii) possesses the proper and appro22 priate experience and capacity to complete 

23 the permitted work; and 

24 (iii) will complete the permitted work; 

25 and 


ssavage on LAPJG3WLY3PROD with BILLS
16 

•HR 7779 IH

1 (F) the person is a Good Samaritan with 

2 respect to the historic mine residue proposed to 

3 be covered by the Good Samaritan permit. 

4 (2) IDENTIFICATION OF ALL RESPONSIBLE

5 OWNERS OR OPERATORS.— 

6 (A) IN GENERAL.—A Good Samaritan 

7 shall make reasonable and diligent efforts to 

8 identify, from a review of publicly available in9 formation in land records or on internet 

10 websites of Federal, State, and local regulatory 

11 authorities, all responsible owners or operators 

12 of an abandoned hardrock mine site proposed to 

13 be remediated by the Good Samaritan under 

14 this section. 

15 (B) EXISTING RESPONSIBLE OWNER OR

16 OPERATOR.—If the Administrator determines, 

17 based on information provided by a Good Sa18 maritan or otherwise, that a responsible owner 

19 or operator exists for an abandoned hardrock 

20 mine site proposed to be remediated by the 

21 Good Samaritan, the Administrator shall deny 

22 the application for a Good Samaritan permit. 

23 (c) APPLICATION FOR PERMITS.—To obtain a Good 

24 Samaritan permit, a person shall submit to the Adminis25 trator an application, signed by the person and any coVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
17 

•HR 7779 IH

1 operating person, that provides, to the extent known or 

2 reasonably discoverable by the person on the date on which 

3 the application is submitted— 

4 (1) a description of the abandoned hardrock 

5 mine site (including the boundaries of the aban6 doned hardrock mine site) proposed to be covered by 

7 the Good Samaritan permit; 

8 (2) a description of all parties proposed to be 

9 involved in the remediation project, including any co10 operating person and each member of an applicable 

11 corporation, association, partnership, consortium, 

12 joint venture, commercial entity, or nonprofit asso13 ciation; 

14 (3) evidence that the person has or will acquire 

15 all legal rights or the authority necessary to enter 

16 the relevant abandoned hardrock mine site and per17 form the remediation described in the application; 

18 (4) a detailed description of the historic mine 

19 residue to be remediated; 

20 (5) a detailed description of the expertise and 

21 experience of the person and the resources available 

22 to the person to successfully implement and com23 plete the remediation plan under paragraph (7); 

24 (6) to the satisfaction of the Administrator and 

25 subject to subsection (d), a description of the baseVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
18 

•HR 7779 IH

1 line conditions caused by the historic mine residue to 

2 be remediated that includes— 

3 (A) the nature and extent of any adverse 

4 impact on the water quality of any body of 

5 water caused by the drainage of historic mine 

6 residue or other discharges from the abandoned 

7 hardrock mine site; 

8 (B) the flow rate and concentration of any 

9 drainage of historic mine residue or other dis10 charge from the abandoned hardrock mine site 

11 in any body of water that has resulted in an ad12 verse impact described in subparagraph (A); 

13 and 

14 (C) any other release or threat of release 

15 of historic mine residue that has resulted in an 

16 adverse impact to human health or the environ17 ment; 

18 (7) subject to subsection (d), a remediation 

19 plan for the abandoned hardrock mine site that de20 scribes— 

21 (A) the nature and scope of the proposed 

22 remediation activities, including— 

23 (i) any historic mine residue to be ad24 dressed by the remediation plan; and 


ssavage on LAPJG3WLY3PROD with BILLS
19 

•HR 7779 IH

1 (ii) a description of the goals of the 

2 remediation including, if applicable, with 

3 respect to— 

4 (I) the reduction or prevention of 

5 a release, threat of release, or dis6 charge to surface waters; or 

7 (II) other appropriate goals relat8 ing to water or soil; 

9 (B) each activity that the person proposes 

10 to take that is— 

11 (i) designed to— 

12 (I) improve or enhance water 

13 quality or site-specific soil or sediment 

14 quality relevant to the historic mine 

15 residue addressed by the remediation 

16 plan, including making measurable 

17 progress toward achieving applicable 

18 water quality standards; or 

19 (II) otherwise protect human 

20 health and the environment (including 

21 through the prevention of a release, 

22 discharge, or threat of release to 

23 water, sediment, or soil); and 


ssavage on LAPJG3WLY3PROD with BILLS
20 

•HR 7779 IH

1 (ii) otherwise necessary to carry out 

2 an activity described in subclause (I) or 

3 (II) of clause (i); 

4 (C) a plan describing the monitoring or 

5 other forms of assessment that will be under6 taken by the person to evaluate the success of 

7 the activities described in subparagraph (A) 

8 during and after the remediation, with respect 

9 to the baseline conditions, as described in para10 graph (6); 

11 (D) to the satisfaction of the Adminis12 trator, detailed engineering plans for the 

13 project; 

14 (E) detailed plans for any proposed recy15 cling or reprocessing of historic mine residue to 

16 be conducted by the person (including a de17 scription of how all proposed recycling or re18 processing activities contribute to the remedi19 ation of the abandoned hardrock mine site); 

20 and 

21 (F) identification of any proposed con22 tractor that will perform any remediation activ23 ity; 

24 (8) subject to subsection (d), a schedule for the 

25 work to be carried out under the project, including 


ssavage on LAPJG3WLY3PROD with BILLS
21 

•HR 7779 IH

1 a schedule for periodic reporting by the person on 

2 the remediation of the abandoned hardrock mine 

3 site; 

4 (9) a health and safety plan that is specifically 

5 designed for mining remediation work; 

6 (10) a specific contingency plan that— 

7 (A) includes provisions on response and 

8 notification to Federal, State, Tribal, and local 

9 authorities with jurisdiction over downstream 

10 waters that have the potential to be impacted 

11 by an unplanned release or discharge of haz12 ardous substances, pollutants, or contaminants; 

13 and 

14 (B) is designed to respond to unplanned 

15 adverse events (such as adverse weather events 

16 or a potential fluid release that may result from 

17 addressing pooled water or hydraulic pressure 

18 situations), including the sudden release of his19 toric mine residue; 

20 (11) subject to subsection (d), a project budget 

21 and description of financial resources that dem22 onstrate that the permitted work, including any op23 eration and maintenance, will be completed; 

24 (12) subject to subsection (d), information dem25 onstrating that the applicant has the financial reVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
22 

•HR 7779 IH

1 sources to carry out the remediation (including any 

2 long-term monitoring that may be required by the 

3 Good Samaritan permit) or the ability to secure an 

4 appropriate third-party financial assurance, as deter5 mined by the Administrator, to ensure completion of 

6 the permitted work, including any long-term oper7 ations and maintenance of remediation activities 

8 that may be— 

9 (A) proposed in the application for the 

10 Good Samaritan permit; or 

11 (B) required by the Administrator as a 

12 condition of granting the permit; 

13 (13) subject to subsection (d), a detailed plan 

14 for any required operation and maintenance of any 

15 remediation, including a timeline, if necessary; 

16 (14) subject to subsection (d), a description of 

17 any planned post-remediation monitoring, if nec18 essary; and 

19 (15) subject to subsection (d), any other appro20 priate information, as determined by the Adminis21 trator or the applicant. 

22 (d) INVESTIGATIVE SAMPLING.— 

23 (1) INVESTIGATIVE SAMPLING PERMITS.—The 

24 Administrator may grant an investigative sampling 

25 permit for a period determined by the Administrator 


ssavage on LAPJG3WLY3PROD with BILLS
23 

•HR 7779 IH

1 to authorize a Good Samaritan to conduct investiga2 tive sampling of historic mine residue, soil, sediment, 

3 or water to determine— 

4 (A) baseline conditions; and 

5 (B) whether the Good Samaritan— 

6 (i) is willing to perform further reme7 diation to address the historic mine res8 idue; and 

9 (ii) will proceed with a permit conver10 sion under subsection (e)(1). 

11 (2) NUMBER OF PERMITS.— 

12 (A) LIMITATION.— Subject to subpara13 graph (B), the Administrator may grant not 

14 more than 15 investigative sampling permits. 

15 (B) APPLICABILITY TO CONVERTED PER16 MITS.—An investigative sampling permit that is 

17 not converted to a Good Samaritan permit pur18 suant to paragraph (5) may be eligible for 

19 reissuance by the Administrator subject to the 

20 overall total of not more than 15 investigative 

21 sampling permits allowed at any 1 time de22 scribed in subparagraph (A). 

23 (3) APPLICATION.—If a Good Samaritan pro24 poses to conduct investigative sampling, the Good 

25 Samaritan shall submit to the Administrator an inVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
24 

•HR 7779 IH

1 vestigative sampling permit application that con2 tains, to the satisfaction of the Administrator— 

3 (A) each description required under para4 graphs (1), (2), and (5) of subsection (c); 

5 (B) to the extent reasonably known to the 

6 applicant, any previously documented water 

7 quality data describing conditions at the aban8 doned hardrock mine site; 

9 (C) the evidence required under subsection 

10 (c)(3); 

11 (D) each plan required under paragraphs 

12 (9) and (10) of subsection (c); and 

13 (E) a detailed plan of the investigative 

14 sampling. 

15 (4) REQUIREMENTS.— 

16 (A) IN GENERAL.—If a person submits an 

17 application that proposes only investigative 

18 sampling of historic mine residue, soil, sedi19 ment, or water that only includes the require20 ments described in paragraph (1), the Adminis21 trator may grant an investigative sampling per22 mit that authorizes the person only to carry out 

23 the plan of investigative sampling of historic 

24 mine residue, soil, sediment, or water, as deVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
25 

•HR 7779 IH

1 scribed in the investigative sampling permit ap2 plication under paragraph (3). 

3 (B) REPROCESSING.—An investigative 

4 sampling permit— 

5 (i) shall not authorize a Good Samari6 tan or cooperating person to conduct any 

7 reprocessing of material; and 

8 (ii) may authorize metallurgical test9 ing of historic mine residue to determine 

10 whether reprocessing under subsection 

11 (f)(4)(B) is feasible. 

12 (C) REQUIREMENTS RELATING TO SAM13 PLES.—In conducting investigative sampling of 

14 historic mine residue, soil, sediment, or water, 

15 a Good Samaritan shall— 

16 (i) collect samples that are representa17 tive of the conditions present at the aban18 doned hardrock mine site that is the sub19 ject of the investigative sampling permit; 

20 and 

21 (ii) retain publicly available records of 

22 all sampling events for a period of not less 

23 than 3 years. 

24 (5) PERMIT CONVERSION.—Not later than 1 

25 year after the date on which the investigative samVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
26 

•HR 7779 IH

1 pling under the investigative sampling permit con2 cludes, a Good Samaritan to whom an investigative 

3 sampling permit is granted under paragraph (1) 

4 may apply to convert an investigative sampling per5 mit into a Good Samaritan permit under subsection 

6 (e)(1). 

7 (6) PERMIT NOT CONVERTED.— 

8 (A) IN GENERAL.—Subject to subpara9 graph (B)(ii)(I), a Good Samaritan who obtains 

10 an investigative sampling permit may decline— 

11 (i) to apply to convert the investiga12 tive sampling permit into a Good Samari13 tan permit under paragraph (5); and 

14 (ii) to undertake remediation activities 

15 on the site where investigative sampling 

16 was conducted on conclusion of investiga17 tive sampling. 

18 (B) EFFECT OF LACK OF CONVERSION.— 

19 (i) IN GENERAL.—Notwithstanding a 

20 refusal by a Good Samaritan to convert an 

21 investigative sampling permit into a Good 

22 Samaritan permit under subparagraph (A), 

23 but subject to clause (ii), the provisions of 

24 paragraphs (1) through (4) of subsection 

25 (n) shall continue to apply to the Good SaVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
27 

•HR 7779 IH

1 maritan and any cooperating persons after 

2 the refusal to convert. 

3 (ii) DEGRADATION OF SURFACE

4 WATER QUALITY.— 

5 (I) OPPORTUNITY TO COR6 RECT.—If, before the date on which a 

7 Good Samaritan refuses to convert an 

8 investigative sampling permit under 

9 subparagraph (A), actions by the 

10 Good Samaritan or any cooperating 

11 person have caused conditions at the 

12 abandoned hardrock mine site to be 

13 measurably worse, as determined by 

14 the Administrator, when compared to 

15 conditions described pursuant to para16 graph (3)(B), if applicable, the Ad17 ministrator shall provide the Good Sa18 maritan or cooperating person, as ap19 plicable, the opportunity to return the 

20 conditions at the abandoned hardrock 

21 mine site to those conditions. 

22 (II) EFFECT.—If, pursuant to 

23 subclause (I), the applicable Good Sa24 maritan or cooperating person does 

25 not return the surface water quality 


ssavage on LAPJG3WLY3PROD with BILLS
28 

•HR 7779 IH

1 at the abandoned hardrock mine site 

2 to conditions described pursuant to 

3 paragraph (3)(B), if applicable, as de4 termined by the Administrator, clause 

5 (i) shall not apply to the Good Samar6 itan or any cooperating persons. 

7 (e) INVESTIGATIVE SAMPLING CONVERSION.— 

8 (1) IN GENERAL.—A person to which an inves9 tigative sampling permit was granted may submit to 

10 the Administrator an application in accordance with 

11 paragraph (2) to convert the investigative sampling 

12 permit into a Good Samaritan permit. 

13 (2) APPLICATION.— 

14 (A) INVESTIGATIVE SAMPLING.—An appli15 cation for the conversion of an investigative 

16 sampling permit under paragraph (1) shall in17 clude any requirement described in subsection 

18 (c) that was not included in full in the applica19 tion submitted under subsection (d)(3). 

20 (B) PUBLIC NOTICE AND COMMENT.—An 

21 application for permit conversion under this 

22 paragraph shall be subject to— 

23 (i) environmental review and public 

24 comment procedures required by sub25 section (l); and 


ssavage on LAPJG3WLY3PROD with BILLS
29 

•HR 7779 IH

1 (ii) a public hearing, if requested. 

2 (f) CONTENT OF PERMITS.— 

3 (1) IN GENERAL.—A Good Samaritan permit 

4 shall contain— 

5 (A) the information described in subsection 

6 (c), including any modification required by the 

7 Administrator; 

8 (B)(i) a provision that states that the 

9 Good Samaritan is responsible for securing, for 

10 all activities authorized under the Good Samari11 tan permit, all authorizations, licenses, and per12 mits that are required under applicable law ex13 cept for— 

14 (I) section 301, 302, 306, 307, 402, 

15 or 404 of the Federal Water Pollution 

16 Control Act (33 U.S.C. 1311, 1312, 1316, 

17 1317, 1342, 1344); and 

18 (II) authorizations, licenses, and per19 mits that would not need to be obtained if 

20 the remediation was conducted pursuant to 

21 section 121 of the Comprehensive Environ22 mental Response, Compensation, and Li23 ability Act of 1980 (42 U.S.C. 9621); or 

24 (ii) in the case of an abandoned hardrock 

25 mine site in a State that is authorized to impleVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
30 

•HR 7779 IH

1 ment State law pursuant to section 402 or 404 

2 of the Federal Water Pollution Control Act (33 

3 U.S.C. 1342, 1344) or on land of an Indian 

4 tribe that is authorized to implement Tribal law 

5 pursuant to that section, a provision that states 

6 that the Good Samaritan is responsible for se7 curing, for all activities authorized under the 

8 Good Samaritan permit, all authorizations, li9 censes, and permits that are required under ap10 plicable law, except for— 

11 (I) the State or Tribal law, as applica12 ble; and 

13 (II) authorizations, licenses, and per14 mits that would not need to be obtained if 

15 the remediation was conducted pursuant to 

16 section 121 of the Comprehensive Environ17 mental Response, Compensation, and Li18 ability Act of 1980 (42 U.S.C. 9621); 

19 (C) specific public notification require20 ments, including the contact information for all 

21 appropriate response centers in accordance with 

22 subsection (o); 

23 (D) in the case of a project on land owned 

24 by the United States, a notice that the Good 

25 Samaritan permit serves as an agreement for 


ssavage on LAPJG3WLY3PROD with BILLS
31 

•HR 7779 IH

1 use and occupancy of Federal land that is en2 forceable by the applicable Federal land man3 agement agency; and 

4 (E) any other terms and conditions deter5 mined to be appropriate by the Administrator 

6 or the Federal land management agency, as ap7 plicable. 

8 (2) FORCE MAJEURE.—A Good Samaritan per9 mit may include, at the request of the Good Samari10 tan, a provision that a Good Samaritan may assert 

11 a claim of force majeure for any violation of the 

12 Good Samaritan permit caused solely by— 

13 (A) an act of God; 

14 (B) an act of war; 

15 (C) negligence on the part of the United 

16 States; 

17 (D) an act or omission of a third party, if 

18 the Good Samaritan— 

19 (i) exercises due care with respect to 

20 the actions of the Good Samaritan under 

21 the Good Samaritan permit, as determined 

22 by the Administrator; 

23 (ii) took precautions against foresee24 able acts or omissions of the third party, 

25 as determined by the Administrator; and 


ssavage on LAPJG3WLY3PROD with BILLS
32 

•HR 7779 IH

1 (iii) uses reasonable efforts— 

2 (I) to anticipate any potential 

3 force majeure; and 

4 (II) to address the effects of any 

5 potential force majeure; or 

6 (E) a public health emergency declared by 

7 the Federal Government or a global govern8 ment, such as a pandemic or an epidemic. 

9 (3) MONITORING.— 

10 (A) IN GENERAL.—The Good Samaritan 

11 shall take such actions as the Good Samaritan 

12 permit requires to ensure appropriate baseline 

13 conditions monitoring, monitoring during the 

14 remediation project, and post-remediation moni15 toring of the environment under paragraphs (7) 

16 and (14) of subsection (c). 

17 (B) MULTIPARTY MONITORING.—The Ad18 ministrator may approve in a Good Samaritan 

19 permit the monitoring by multiple cooperating 

20 persons if, as determined by the Adminis21 trator— 

22 (i) the multiparty monitoring will ef23 fectively accomplish the goals of this sec24 tion; and 


ssavage on LAPJG3WLY3PROD with BILLS
33 

•HR 7779 IH

1 (ii) the Good Samaritan remains re2 sponsible for compliance with the terms of 

3 the Good Samaritan permit. 

4 (4) OTHER DEVELOPMENT.— 

5 (A) NO AUTHORIZATION OF MINING AC6 TIVITIES.—No mineral exploration, processing, 

7 beneficiation, or mining shall be— 

8 (i) authorized by this Act; or 

9 (ii) covered by any waiver of liability 

10 provided by this Act from applicable law. 

11 (B) REPROCESSING OF MATERIALS.—A 

12 Good Samaritan may reprocess materials recov13 ered during the implementation of a remedi14 ation plan only if— 

15 (i) the project under the Good Samar16 itan permit is on land owned by the United 

17 States; 

18 (ii) the applicable Federal land man19 agement agency has signed a decision doc20 ument under subsection (l)(2)(G) approv21 ing reprocessing as part of a remediation 

22 plan; 

23 (iii) the proceeds from the sale or use 

24 of the materials are used— 


ssavage on LAPJG3WLY3PROD with BILLS
34 

•HR 7779 IH

1 (I) to defray the costs of the re2 mediation; and 

3 (II) to the extent required by the 

4 Good Samaritan permit, to reimburse 

5 the Administrator or the head of a 

6 Federal land management agency for 

7 the purpose of carrying out this Act; 

8 (iv) any remaining proceeds are de9 posited into the appropriate Good Samari10 tan Mine Remediation Fund established by 

11 section 5(a); and 

12 (v) the materials only include historic 

13 mine residue. 

14 (C) CONNECTION WITH OTHER ACTIVI15 TIES.—The commingling or association of any 

16 other discharge of water or historic mine res17 idue or any activity, project, or operation con18 ducted on or after the date of enactment of this 

19 Act with any aspect of a project subject to a 

20 Good Samaritan permit shall not limit or re21 duce the liability of any person associated with 

22 the other discharge of water or historic mine 

23 residue or activity, project, or operation. 

24 (g) ADDITIONAL WORK.—A Good Samaritan permit 

25 may (subject to subsection (r)(5) in the case of a project 


ssavage on LAPJG3WLY3PROD with BILLS
35 

•HR 7779 IH

1 located on Federal land) allow the Good Samaritan to re2 turn to the abandoned hardrock mine site after the com3 pletion of the remediation to perform operations and 

4 maintenance or other work— 

5 (1) to ensure the functionality of completed re6 mediation activities at the abandoned hardrock mine 

7 site; or 

8 (2) to protect public health and the environ9 ment. 

10 (h) TIMING.—Work authorized under a Good Samar11 itan permit— 

12 (1) shall commence, as applicable— 

13 (A) not later than the date that is 18 

14 months after the date on which the Adminis15 trator granted the Good Samaritan permit, un16 less the Administrator grants an extension 

17 under subsection (r)(2)(A); or 

18 (B) if the grant of the Good Samaritan 

19 permit is the subject of a petition for judicial 

20 review, not later than the date that is 18 

21 months after the date on which the judicial re22 view, including any appeals, has concluded; and 

23 (2) shall continue until completed, with tem24 porary suspensions permitted during adverse weathVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
36 

•HR 7779 IH

1 er or other conditions specified in the Good Samari2 tan permit. 

3 (i) TRANSFER OF PERMITS.—A Good Samaritan per4 mit may be transferred to another person only if— 

5 (1) the Administrator determines that the 

6 transferee qualifies as a Good Samaritan; 

7 (2) the transferee signs, and agrees to be bound 

8 by the terms of, the permit; 

9 (3) the Administrator includes in the trans10 ferred permit any additional conditions necessary to 

11 meet the goals of this section; and 

12 (4) in the case of a project under the Good Sa13 maritan permit on land owned by the United States, 

14 the head of the applicable Federal land management 

15 agency approves the transfer. 

16 (j) ROLE OF ADMINISTRATOR AND FEDERAL LAND

17 MANAGEMENT AGENCIES.—In carrying out this section— 

18 (1) the Administrator shall— 

19 (A) consult with prospective applicants; 

20 (B) convene, coordinate, and lead the ap21 plication review process; 

22 (C) maintain all records relating to the 

23 Good Samaritan permit and the permit process; 

24 (D) in the case of a proposed project on 

25 State, Tribal, or private land, provide an opporVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
37 

•HR 7779 IH

1 tunity for cooperating persons and the public to 

2 participate in the Good Samaritan permit proc3 ess, including— 

4 (i) carrying out environmental review 

5 and public comment procedures pursuant 

6 to subsection (l); and 

7 (ii) a public hearing, if requested; and 

8 (E) enforce and otherwise carry out this 

9 section; and 

10 (2) the head of an applicable Federal land man11 agement agency shall— 

12 (A) in the case of a proposed project on 

13 land owned by the United States, provide an 

14 opportunity for cooperating persons and the 

15 public to participate in the Good Samaritan 

16 permit process, including— 

17 (i) carrying out environmental review 

18 and public comment procedures pursuant 

19 to subsection (l); and 

20 (ii) a public hearing, if requested; and 

21 (B) in coordination with the Adminis22 trator, enforce Good Samaritan permits issued 

23 under this section for projects on land owned by 

24 the United States. 


ssavage on LAPJG3WLY3PROD with BILLS
38 

•HR 7779 IH

1 (k) STATE, LOCAL, AND TRIBAL GOVERNMENTS.— 

2 As soon as practicable, but not later than 14 days after 

3 the date on which the Administrator receives an applica4 tion for the remediation of an abandoned hardrock mine 

5 site under this section that, as determined by the Adminis6 trator, is complete and meets all applicable requirements 

7 of subsection (c), the Administrator shall provide notice 

8 and a copy of the application to— 

9 (1) each local government with jurisdiction over 

10 a drinking water utility, and each Indian tribe with 

11 reservation or off-reservation treaty rights to land or 

12 water, located downstream from or otherwise near a 

13 proposed remediation project that is reasonably an14 ticipated to be impacted by the remediation project 

15 or a potential release of contaminants from the 

16 abandoned hardrock mine site, as determined by the 

17 Administrator; 

18 (2) each Federal, State, and Tribal agency that 

19 may have an interest in the application; and 

20 (3) in the case of an abandoned hardrock mine 

21 site that is located partially or entirely on land 

22 owned by the United States, the Federal land man23 agement agency with jurisdiction over that land. 

24 (l) ENVIRONMENTAL REVIEW AND PUBLIC COM25 MENT.— 


ssavage on LAPJG3WLY3PROD with BILLS
39 

•HR 7779 IH

1 (1) IN GENERAL.—Before the issuance of a 

2 Good Samaritan permit to carry out a project for 

3 the remediation of an abandoned hardrock mine site, 

4 the Administrator shall ensure that environmental 

5 review and public comment procedures are carried 

6 out with respect to the proposed project. 

7 (2) RELATION TO NEPA.— 

8 (A) MAJOR FEDERAL ACTION.—Subject to 

9 subparagraph (F), the issuance or modification 

10 of a Good Samaritan permit by the Adminis11 trator shall be considered a major Federal ac12 tion for purposes of section 102 of the National 

13 Environmental Policy Act of 1969 (42 U.S.C. 

14 4332). 

15 (B) LEAD AGENCY.—The lead agency for 

16 purposes of an environmental assessment and 

17 public comment under this subsection shall 

18 be— 

19 (i) in the case of a proposed project 

20 on land owned by the United States that 

21 is managed by only 1 Federal land man22 agement agency, the applicable Federal 

23 land management agency; 


ssavage on LAPJG3WLY3PROD with BILLS
40 

•HR 7779 IH

1 (ii) in the case of a proposed project 

2 entirely on State, Tribal, or private land, 

3 the Administrator; 

4 (iii) in the case of a proposed project 

5 partially on land owned by the United 

6 States and partially on State, Tribal, or 

7 private land, the applicable Federal land 

8 management agency; and 

9 (iv) in the case of a proposed project 

10 on land owned by the United States that 

11 is managed by more than 1 Federal land 

12 management agency, the Federal land 

13 management agency selected by the Ad14 ministrator to be the lead agency, after 

15 consultation with the applicable Federal 

16 land management agencies. 

17 (C) COORDINATION.—To the maximum ex18 tent practicable, the lead agency described in 

19 subparagraph (B) shall coordinate procedures 

20 under the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.) with State, Trib22 al, and Federal cooperating agencies, as appli23 cable. 

24 (D) COOPERATING AGENCY.—In the case 

25 of a proposed project on land owned by the 


ssavage on LAPJG3WLY3PROD with BILLS
41 

•HR 7779 IH

1 United States, the Administrator shall be a co2 operating agency for purposes of an environ3 mental assessment and public comment under 

4 this subsection. 

5 (E) SINGLE NEPA DOCUMENT.—The lead 

6 agency described in subparagraph (B) may con7 duct a single environmental assessment for— 

8 (i) the issuance of a Good Samaritan 

9 permit; 

10 (ii) any activities authorized by a 

11 Good Samaritan permit; and 

12 (iii) any applicable permits required 

13 by the Secretary of the Interior or the Sec14 retary of Agriculture. 

15 (F) NO SIGNIFICANT IMPACT.— 

16 (i) IN GENERAL.—A Good Samaritan 

17 permit may only be issued if, after an envi18 ronmental assessment, the head of the lead 

19 agency issues a finding of no significant 

20 impact (as defined in section 111 of the 

21 National Environmental Policy Act of 

22 1969 (42 U.S.C. 4336e)). 

23 (ii) SIGNIFICANT IMPACT.—If the 

24 head of the lead agency is unable to issue 

25 a finding of no significant impact (as so 


ssavage on LAPJG3WLY3PROD with BILLS
42 

•HR 7779 IH

1 defined), the head of the lead agency shall 

2 not issue a Good Samaritan permit for the 

3 proposed project. 

4 (G) DECISION DOCUMENT.—An approval 

5 or denial of a Good Samaritan permit may be 

6 issued as a single decision document that is 

7 signed by— 

8 (i) the Administrator; and 

9 (ii) in the case of a project on land 

10 owned by the United States, the head of 

11 the applicable Federal land management 

12 agency. 

13 (H) LIMITATION.—Nothing in this para14 graph exempts the Secretary of Agriculture or 

15 the Secretary of the Interior, as applicable, 

16 from any other requirements of section 102 of 

17 the National Environmental Policy Act of 1969 

18 (42 U.S.C. 4332). 

19 (m) PERMIT GRANT.— 

20 (1) IN GENERAL.—The Administrator may 

21 grant a Good Samaritan permit to carry out a 

22 project for the remediation of an abandoned 

23 hardrock mine site only if— 

24 (A) the Administrator determines that— 


ssavage on LAPJG3WLY3PROD with BILLS
43 

•HR 7779 IH

1 (i) the person seeking the permit is a 

2 Good Samaritan; 

3 (ii) the application described in sub4 section (c) is complete; 

5 (iii) the project is designed to reme6 diate historic mine residue at the aban7 doned hardrock mine site to protect human 

8 health and the environment; 

9 (iv) the proposed project is designed 

10 to meet all other goals, as determined by 

11 the Administrator, including any goals set 

12 forth in the application for the Good Sa13 maritan permit that are accepted by the 

14 Administrator; 

15 (v) the proposed activities, as com16 pared to the baseline conditions described 

17 in the permit, will make measurable 

18 progress toward achieving— 

19 (I) applicable water quality 

20 standards; 

21 (II) improved soil quality; 

22 (III) improved sediment quality; 

23 (IV) other improved environ24 mental or safety conditions; or 


ssavage on LAPJG3WLY3PROD with BILLS
44 

•HR 7779 IH

1 (V) reductions in threats to soil, 

2 sediment, or water quality or other 

3 environmental or safety conditions; 

4 (vi) the applicant has— 

5 (I) demonstrated that the appli6 cant has the proper and appropriate 

7 experience and capacity to complete 

8 the permitted work; 

9 (II) demonstrated that the appli10 cant will complete the permitted work; 

11 (III) the financial and other re12 sources to address any contingencies 

13 identified in the Good Samaritan per14 mit application described in sub15 sections (b) and (c); 

16 (IV) granted access and provided 

17 the authority to review the records of 

18 the applicant relevant to compliance 

19 with the requirements of the Good Sa20 maritan permit; and 

21 (V) demonstrated, to the satisfac22 tion of the Administrator, that— 

23 (aa) the applicant has, or 

24 has access to, the financial re25 sources to complete the project 


ssavage on LAPJG3WLY3PROD with BILLS
45 

•HR 7779 IH

1 described in the Good Samaritan 

2 permit application, including any 

3 long-term monitoring and oper4 ations and maintenance that the 

5 Administrator may require the 

6 applicant to perform in the Good 

7 Samaritan permit; or 

8 (bb) the applicant has estab9 lished a third-party financial as10 surance mechanism, such as a 

11 corporate guarantee from a par12 ent or other corporate affiliate, 

13 letter of credit, trust, surety 

14 bond, or insurance to assure that 

15 funds are available to complete 

16 the permitted work, including for 

17 operations and maintenance and 

18 to address potential contin19 gencies, that— 

20 (AA) establishes the 

21 Administrator or the head of 

22 the Federal land manage23 ment agency as the bene24 ficiary of the third-party fiVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
46 

•HR 7779 IH

1 nancial assurance mecha2 nism; and 

3 (BB) allows the Admin4 istrator to retain and use 

5 the funds from the financial 

6 assurance mechanism in the 

7 event the Good Samaritan 

8 does not complete the reme9 diation under the Good Sa10 maritan permit; and 

11 (vii) the project meets the require12 ments of this Act; 

13 (B) the State or Indian tribe with jurisdic14 tion over land on which the abandoned 

15 hardrock mine site is located has been given an 

16 opportunity to review and, if necessary, com17 ment on the grant of the Good Samaritan per18 mit; 

19 (C) in the case of a project proposed to be 

20 carried out under the Good Samaritan permit 

21 partially or entirely on land owned by the 

22 United States, pursuant to subsection (l), the 

23 head of the applicable Federal land manage24 ment agency has signed a decision document 

25 approving the proposed project; and 


ssavage on LAPJG3WLY3PROD with BILLS
47 

•HR 7779 IH

1 (D) the Administrator or head of the Fed2 eral land management agency, as applicable, 

3 has provided— 

4 (i) environmental review and public 

5 comment procedures required by sub6 section (l); and 

7 (ii) a public hearing under that sub8 section, if requested. 

9 (2) DEADLINE.— 

10 (A) IN GENERAL.—The Administrator 

11 shall grant or deny a Good Samaritan permit 

12 by not later than— 

13 (i) the date that is 180 days after the 

14 date of receipt by the Administrator of an 

15 application for the Good Samaritan permit 

16 that, as determined by the Administrator, 

17 is complete and meets all applicable re18 quirements of subsection (c); or 

19 (ii) such later date as may be deter20 mined by the Administrator with notifica21 tion provided to the applicant. 

22 (B) CONSTRUCTIVE DENIAL.—If the Ad23 ministrator fails to grant or deny a Good Sa24 maritan permit by the applicable deadline deVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
48 

•HR 7779 IH

1 scribed in subparagraph (A), the application 

2 shall be considered to be denied. 

3 (3) DISCRETIONARY ACTION.—The issuance of 

4 a permit by the Administrator and the approval of 

5 a project by the head of an applicable Federal land 

6 management agency shall be considered to be discre7 tionary actions taken in the public interest. 

8 (n) EFFECT OF PERMITS.— 

9 (1) IN GENERAL.—A Good Samaritan and any 

10 cooperating person undertaking remediation activi11 ties identified in, carried out pursuant to, and in 

12 compliance with, a covered permit— 

13 (A) shall be considered to be in compliance 

14 with all requirements (including permitting re15 quirements) under the Federal Water Pollution 

16 Control Act (33 U.S.C. 1251 et seq.) (including 

17 any law or regulation implemented by a State 

18 or Indian tribe under section 402 or 404 of 

19 that Act (33 U.S.C. 1342, 1344)) and the Com20 prehensive Environmental Response, Compensa21 tion, and Liability Act of 1980 (42 U.S.C. 9601 

22 et seq.) during the term of the covered permit, 

23 after the termination of the Good Samaritan 

24 permit, and after declining to convert an invesVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
49 

•HR 7779 IH

1 tigative sampling permit into a Good Samaritan 

2 permit, as applicable; 

3 (B) shall not be required to obtain a per4 mit under, or to comply with, section 301, 302, 

5 306, 307, 402, or 404 of the Federal Water 

6 Pollution Control Act (33 U.S.C. 1311, 1312, 

7 1316, 1317, 1342, 1344), or any State or Trib8 al standards or regulations approved by the Ad9 ministrator under those sections of that Act, 

10 during the term of the covered permit, after the 

11 termination of the Good Samaritan permit, and 

12 after declining to convert an investigative sam13 pling permit into a Good Samaritan permit, as 

14 applicable; and 

15 (C) shall not be required to obtain any au16 thorizations, licenses, or permits that would 

17 otherwise not need to be obtained if the remedi18 ation was conducted pursuant to section 121 of 

19 the Comprehensive Environmental Response, 

20 Compensation, and Liability Act of 1980 (42 

21 U.S.C. 9621). 

22 (2) UNAUTHORIZED ACTIVITIES.— 

23 (A) IN GENERAL.—Any person (including 

24 a Good Samaritan or any cooperating person) 

25 that carries out any activity, including activities 


ssavage on LAPJG3WLY3PROD with BILLS
50 

•HR 7779 IH

1 relating to mineral exploration, processing, 

2 beneficiation, or mining, including development, 

3 that is not authorized by the applicable covered 

4 permit shall be subject to all applicable law. 

5 (B) LIABILITY.—Any activity not author6 ized by a covered permit, as determined by the 

7 Administrator, may be subject to liability and 

8 enforcement under all applicable law, includ9 ing— 

10 (i) the Federal Water Pollution Con11 trol Act (33 U.S.C. 1251 et seq.); and 

12 (ii) the Comprehensive Environmental 

13 Response, Compensation, and Liability Act 

14 of 1980 (42 U.S.C. 9601 et seq.). 

15 (3) NO ENFORCEMENT OR LIABILITY FOR GOOD

16 SAMARITANS.— 

17 (A) IN GENERAL.—Subject to subpara18 graphs (D) and (E), a Good Samaritan or co19 operating person that is conducting a remedi20 ation activity identified in, pursuant to, and in 

21 compliance with a covered permit shall not be 

22 subject to enforcement or liability described in 

23 subparagraph (B) for— 

24 (i) any actions undertaken that are 

25 authorized by the covered permit; or 


ssavage on LAPJG3WLY3PROD with BILLS
51 

•HR 7779 IH

1 (ii) any past, present, or future re2 leases, threats of releases, or discharges of 

3 hazardous substances, pollutants, or con4 taminants at or from the abandoned 

5 hardrock mine site that is the subject of 

6 the covered permit (including any releases, 

7 threats of releases, or discharges that oc8 curred prior to the grant of the covered 

9 permit). 

10 (B) ENFORCEMENT OR LIABILITY DE11 SCRIBED.—Enforcement or liability referred to 

12 in subparagraph (A) is enforcement, civil or 

13 criminal penalties, citizen suits and any liabil14 ities for response costs, natural resource dam15 age, or contribution under— 

16 (i) the Federal Water Pollution Con17 trol Act (33 U.S.C. 1251 et seq.) (includ18 ing under any law or regulation adminis19 tered by a State or Indian tribe under that 

20 Act); or 

21 (ii) the Comprehensive Environmental 

22 Response, Compensation, and Liability Act 

23 of 1980 (42 U.S.C. 9601 et seq.). 

24 (C) DURATION OF APPLICABILITY.—Sub25 paragraph (A) shall apply during the term of 


ssavage on LAPJG3WLY3PROD with BILLS
52 

•HR 7779 IH

1 the covered permit, after the termination of the 

2 Good Samaritan permit, and after declining to 

3 convert an investigative sampling permit into a 

4 Good Samaritan permit, as applicable. 

5 (D) OTHER PARTIES.—Nothing in sub6 paragraph (A) limits the liability of any person 

7 that is not described in that subparagraph. 

8 (E) DECLINE IN ENVIRONMENTAL CONDI9 TIONS.—Notwithstanding subparagraph (A), if 

10 a Good Samaritan or cooperating person fails 

11 to comply with any term, condition, or limita12 tion of a covered permit and that failure results 

13 in surface water quality or other environmental 

14 conditions that the Administrator determines 

15 are measurably worse than the baseline condi16 tions as described in the permit (in the case of 

17 a Good Samaritan permit) or the conditions as 

18 described pursuant to subsection (d)(3)(B), if 

19 applicable (in the case of an investigative sam20 pling permit), at the abandoned hardrock mine 

21 site, the Administrator shall— 

22 (i) notify the Good Samaritan or co23 operating person, as applicable, of the fail24 ure to comply; and 


ssavage on LAPJG3WLY3PROD with BILLS
53 

•HR 7779 IH

1 (ii) require the Good Samaritan or the 

2 cooperating person, as applicable, to un3 dertake reasonable measures, as deter4 mined by the Administrator, to return sur5 face water quality or other environmental 

6 conditions to those conditions. 

7 (F) FAILURE TO CORRECT.—Subpara8 graph (A) shall not apply to a Good Samaritan 

9 or cooperating person that fails to take any ac10 tions required under subparagraph (E)(ii) with11 in a reasonable period of time, as established by 

12 the Administrator. 

13 (G) MINOR OR CORRECTED PERMIT VIOLA14 TIONS.—For purposes of this paragraph, the 

15 failure to comply with a term, condition, or lim16 itation of a Good Samaritan permit or inves17 tigative sampling permit shall not be considered 

18 a permit violation or noncompliance with that 

19 permit if— 

20 (i) that failure or noncompliance does 

21 not result in a measurable adverse impact, 

22 as determined by the Administrator, on 

23 water quality or other environmental condi24 tions; or 


ssavage on LAPJG3WLY3PROD with BILLS
54 

•HR 7779 IH

1 (ii) the Good Samaritan or cooper2 ating person complies with subparagraph 

3 (E)(ii). 

4 (o) PUBLIC NOTIFICATION OF ADVERSE EVENT.—A 

5 Good Samaritan shall notify all appropriate Federal, 

6 State, Tribal, and local entities of any unplanned or pre7 viously unknown release of historic mine residue caused 

8 by the actions of the Good Samaritan or any cooperating 

9 person in accordance with— 

10 (1) section 103 of the Comprehensive Environ11 mental Response, Compensation, and Liability Act 

12 of 1980 (42 U.S.C. 9603); 

13 (2) section 304 of the Emergency Planning and 

14 Community Right-To-Know Act of 1986 (42 U.S.C. 

15 11004); 

16 (3) the Federal Water Pollution Control Act 

17 (33 U.S.C. 1251 et seq.); 

18 (4) any other applicable provision of Federal 

19 law; and 

20 (5) any other applicable provision of State, 

21 Tribal, or local law. 

22 (p) GRANT ELIGIBILITY.—A remediation project con23 ducted under a Good Samaritan permit shall be eligible 

24 for funding pursuant to— 


ssavage on LAPJG3WLY3PROD with BILLS
55 

•HR 7779 IH

1 (1) section 319 of the Federal Water Pollution 

2 Control Act (33 U.S.C. 1329), for activities that are 

3 eligible for funding under that section; and 

4 (2) section 104(k) of the Comprehensive Envi5 ronmental Response, Compensation, and Liability 

6 Act of 1980 (42 U.S.C. 9604(k)), subject to the con7 dition that the recipient of the funding is otherwise 

8 eligible under that section to receive a grant to as9 sess or remediate contamination at the site covered 

10 by the Good Samaritan permit. 

11 (q) EMERGENCY AUTHORITY AND LIABILITY.— 

12 (1) EMERGENCY AUTHORITY.—Nothing in this 

13 section affects the authority of— 

14 (A) the Administrator to take any respon15 sive action authorized by law; or 

16 (B) a Federal, State, Tribal, or local agen17 cy to carry out any emergency authority, in18 cluding an emergency authority provided under 

19 Federal, State, Tribal, or local law. 

20 (2) LIABILITY.—Except as specifically provided 

21 in this Act, nothing in this Act, a Good Samaritan 

22 permit, or an investigative sampling permit limits 

23 the liability of any person (including a Good Samari24 tan or any cooperating person) under any provision 

25 of law. 


ssavage on LAPJG3WLY3PROD with BILLS
56 

•HR 7779 IH

1 (r) TERMINATION OF GOOD SAMARITAN PERMIT.— 

2 (1) IN GENERAL.—A Good Samaritan permit 

3 shall terminate, as applicable— 

4 (A) on inspection and notice from the Ad5 ministrator to the recipient of the Good Samar6 itan permit that the permitted work has been 

7 completed in accordance with the terms of the 

8 Good Samaritan permit, as determined by the 

9 Administrator; 

10 (B) if the Administrator terminates a per11 mit under paragraph (4)(B); or 

12 (C) except as provided in paragraph (2)— 

13 (i) on the date that is 18 months after 

14 the date on which the Administrator grant15 ed the Good Samaritan permit, if the per16 mitted work has not commenced by that 

17 date; or 

18 (ii) if the grant of the Good Samari19 tan permit was the subject of a petition for 

20 judicial review, on the date that is 18 

21 months after the date on which the judicial 

22 review, including any appeals, has con23 cluded, if the permitted work has not com24 menced by that date. 

25 (2) EXTENSION.— 


ssavage on LAPJG3WLY3PROD with BILLS
57 

•HR 7779 IH

1 (A) IN GENERAL.—If the Administrator is 

2 otherwise required to terminate a Good Samari3 tan permit under paragraph (1)(C), the Admin4 istrator may grant an extension of the Good Sa5 maritan permit. 

6 (B) LIMITATION.—Any extension granted 

7 under subparagraph (A) shall be not more than 

8 180 days for each extension. 

9 (3) EFFECT OF TERMINATION.— 

10 (A) IN GENERAL.—Notwithstanding the 

11 termination of a Good Samaritan permit under 

12 paragraph (1), but subject to subparagraph 

13 (B), the provisions of paragraphs (1) through 

14 (4) of subsection (n) shall continue to apply to 

15 the Good Samaritan and any cooperating per16 sons after the termination, including to any 

17 long-term operations and maintenance pursuant 

18 to the agreement under paragraph (5). 

19 (B) DEGRADATION OF SURFACE WATER

20 QUALITY.— 

21 (i) OPPORTUNITY TO RETURN TO

22 BASELINE CONDITIONS.—If, at the time 

23 that 1 or more of the conditions described 

24 in paragraph (1) are met but before the 

25 Good Samaritan permit is terminated, acVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
58 

•HR 7779 IH

1 tions by the Good Samaritan or cooper2 ating person have caused surface water 

3 quality at the abandoned hardrock mine 

4 site to be measurably worse, as determined 

5 by the Administrator, when compared to 

6 baseline conditions described in the permit, 

7 the Administrator shall, before terminating 

8 the Good Samaritan permit, provide the 

9 Good Samaritan or cooperating person, as 

10 applicable, the opportunity to return sur11 face water quality to those baseline condi12 tions. 

13 (ii) EFFECT.—If, pursuant to clause 

14 (i), the applicable Good Samaritan or co15 operating person does not return the sur16 face water quality at the abandoned 

17 hardrock mine site to the baseline condi18 tions described in the permit, as deter19 mined by the Administrator, subparagraph 

20 (A) shall not apply to the Good Samaritan 

21 or any cooperating persons. 

22 (4) UNFORESEEN CIRCUMSTANCES.— 

23 (A) IN GENERAL.—The recipient of a Good 

24 Samaritan permit may seek to modify or termiVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
59 

•HR 7779 IH

1 nate the Good Samaritan permit to take into 

2 account any event or condition that— 

3 (i) significantly reduces the feasibility 

4 or significantly increases the cost of com5 pleting the remediation project that is the 

6 subject of the Good Samaritan permit; 

7 (ii) was not— 

8 (I) reasonably contemplated by 

9 the recipient of the Good Samaritan 

10 permit; or 

11 (II) taken into account in the re12 mediation plan of the recipient of the 

13 Good Samaritan permit; and 

14 (iii) is beyond the control of the re15 cipient of the Good Samaritan permit, as 

16 determined by the Administrator. 

17 (B) TERMINATION.—The Administrator 

18 shall terminate a Good Samaritan permit if— 

19 (i) the recipient of the Good Samari20 tan permit seeks termination of the permit 

21 under subparagraph (A); 

22 (ii) the factors described in subpara23 graph (A) are satisfied; and 

24 (iii) the Administrator determines 

25 that remediation activities conducted by 


ssavage on LAPJG3WLY3PROD with BILLS
60 

•HR 7779 IH

1 the Good Samaritan or cooperating person 

2 pursuant to the Good Samaritan permit 

3 may result in surface water quality condi4 tions, or any other environmental condi5 tions, that will be worse than the baseline 

6 conditions, as described in the Good Sa7 maritan permit, as applicable. 

8 (5) LONG-TERM OPERATIONS AND MAINTE9 NANCE.—In the case of a project that involves long10 term operations and maintenance at an abandoned 

11 hardrock mine site located on land owned by the 

12 United States, the project may be considered com13 plete and the Administrator, in coordination with the 

14 applicable Federal land management agency, may 

15 terminate the Good Samaritan permit under this 

16 subsection if the applicable Good Samaritan has en17 tered into an agreement with the applicable Federal 

18 land management agency or a cooperating person 

19 for the long-term operations and maintenance that 

20 includes sufficient funding for the long-term oper21 ations and maintenance. 

22 (s) REGULATIONS.— 

23 (1) IN GENERAL.—Subject to paragraph (2), 

24 the Administrator, in consultation with the Sec25 retary of the Interior and the Secretary of AgriVerDate Sep 11 2014 22:59 Apr 06, 2024 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H7779.IH H7779

ssavage on LAPJG3WLY3PROD with BILLS
61 

•HR 7779 IH

1 culture, and appropriate State, Tribal, and local offi2 cials, may promulgate any regulations that the Ad3 ministrator determines to be necessary to carry out 

4 this Act. 

5 (2) GUIDANCE IF NO REGULATIONS PROMUL6 GATED.— 

7 (A) IN GENERAL.—If the Administrator 

8 does not initiate a regulatory process to promul9 gate regulations under paragraph (1) within 

10 180 days after the date of enactment of this 

11 Act, the Administrator, in consultation with the 

12 Secretary of the Interior, the Secretary of En13 ergy, and appropriate State, Tribal, and local 

14 officials, shall issue guidance establishing spe15 cific requirements that the Administrator deter16 mines would facilitate the implementation of 

17 this section. 

18 (B) PUBLIC COMMENTS.—Before finalizing 

19 any guidance issued under subparagraph (A), 

20 the Administrator shall hold a 30-day public 

21 comment period. 

22 SEC. 5. SPECIAL ACCOUNTS. 

23 (a) ESTABLISHMENT.—There is established in the 

24 Treasury of the United States a Good Samaritan Mine 


ssavage on LAPJG3WLY3PROD with BILLS
62 

•HR 7779 IH

1 Remediation Fund (referred to in this section as a 

2 ‘‘Fund’’) for— 

3 (1) each Federal land management agency that 

4 authorizes a Good Samaritan to conduct a project 

5 on Federal land under the jurisdiction of that Fed6 eral land management agency under a Good Samari7 tan permit; and 

8 (2) the Environmental Protection Agency. 

9 (b) DEPOSITS.—Each Fund shall consist of— 

10 (1) amounts provided in appropriation Acts; 

11 (2) any proceeds from reprocessing deposited 

12 under section 4(f)(4)(B)(iv); 

13 (3) any financial assurance funds collected from 

14 an agreement described in section 

15 4(m)(1)(A)(vi)(V)(bb); 

16 (4) any funds collected for long-term operations 

17 and maintenance under an agreement under section 

18 4(r)(5); 

19 (5) any interest earned under an investment 

20 under subsection (c); 

21 (6) any proceeds from the sale or redemption of 

22 investments held in the Fund; and 

23 (7) any amounts donated to the Fund by any 

24 person. 


ssavage on LAPJG3WLY3PROD with BILLS
63 

•HR 7779 IH

1 (c) UNUSED FUNDS.—Amounts in each Fund not 

2 currently needed to carry out this Act shall be— 

3 (1) maintained as readily available or on de4 posit; 

5 (2) invested in obligations of the United States 

6 or guaranteed by the United States; or 

7 (3) invested in obligations, participations, or 

8 other instruments that are lawful investments for a 

9 fiduciary, a trust, or public funds. 

10 (d) RETAIN AND USE AUTHORITY.—The Adminis11 trator and each head of a Federal land management agen12 cy, as appropriate, may, notwithstanding any other provi13 sion of law, retain and use money deposited in the applica14 ble Fund without fiscal year limitation for the purpose of 

15 carrying out this Act. 

16 SEC. 6. REPORT TO CONGRESS. 

17 (a) IN GENERAL.—Not later than 8 years after the 

18 date of enactment of this Act, the Administrator, in con19 sultation with the heads of Federal land management 

20 agencies, shall submit to the Committee on Environment 

21 and Public Works of the Senate and the Committees on 

22 Transportation and Infrastructure, Energy and Com23 merce, and Natural Resources of the House of Represent24 atives a report evaluating the Good Samaritan pilot pro25 gram under this Act. 


ssavage on LAPJG3WLY3PROD with BILLS
64 

•HR 7779 IH

1 (b) INCLUSIONS.—The report under subsection (a) 

2 shall include— 

3 (1) a description of— 

4 (A) the number, types, and objectives of 

5 Good Samaritan permits granted pursuant to 

6 this Act; and 

7 (B) each remediation project authorized by 

8 those Good Samaritan permits; 

9 (2) interim or final qualitative and quantitative 

10 data on the results achieved under the Good Samari11 tan permits before the date of issuance of the report; 

12 (3) a description of— 

13 (A) any problems encountered in admin14 istering this Act; and 

15 (B) whether the problems have been or can 

16 be remedied by administrative action (including 

17 amendments to existing law); 

18 (4) a description of progress made in achieving 

19 the purposes of this Act; and 

20 (5) recommendations on whether the Good Sa21 maritan pilot program under this Act should be con22 tinued, including a description of any modifications 

23 (including amendments to existing law) required to 

24 continue administering this Act. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS