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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1848 Reported in Senate (RS)]

                                                       Calendar No. 645
109th CONGRESS
  2d Session
                                S. 1848

                          [Report No. 109-351]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2005

 Mr. Salazar (for himself, Mr. Allard, Mr. Reid, Mr. Isakson, and Mr. 
    Baucus) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                           September 27, 2006

               Reported by Mr. Inhofe, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

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

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cleanup of Inactive and 
Abandoned Mines Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the Federal Government and State governments 
        encouraged hard rock mining in the United States through a wide 
        variety of laws, policies, and actions;</DELETED>
        <DELETED>    (2) the mining activities that took place 
        disturbed public and private land, and those disturbances led 
        to considerable environmental pollution;</DELETED>
        <DELETED>    (3) many areas in which hard rock mining took 
        place in the United States are now inactive and abandoned mine 
        sites;</DELETED>
        <DELETED>    (4) many inactive and abandoned mine sites pollute 
        the environment today and will continue to do so indefinitely 
        unless remediated;</DELETED>
        <DELETED>    (5) adits and other tunnels will continue to drain 
        pollutants to surface and ground water through gravity 
        flow;</DELETED>
        <DELETED>    (6) surface runoff will continue to pick up 
        pollutants as the runoff moves over disturbed ground and 
        transports pollutants to surface waters;</DELETED>
        <DELETED>    (7) tailings and other materials left exposed to 
        the elements will continue to blow in the wind and pollute the 
        atmosphere and soils;</DELETED>
        <DELETED>    (8) many of the individuals and corporate owners 
        and operators of those mines, who caused this pollution, are no 
        longer alive or in existence;</DELETED>
        <DELETED>    (9) some of the remaining owners and operators who 
        remain do not have resources that are adequate to conduct 
        remediation properly under applicable environmental laws, for 
        all practical purposes leaving no one responsible for the 
        cleanup of pollution from those sites;</DELETED>
        <DELETED>    (10) inactive and abandoned mine sites are located 
        in areas of known economic mineralization;</DELETED>
        <DELETED>    (11) modern mining activities often take place on 
        or in the vicinity of the area in which historic hard rock 
        mining activities took place;</DELETED>
        <DELETED>    (12) from time to time, individuals and companies 
        are willing to remediate historic mine sites for the public 
        good as Good Samaritans, despite the fact that these 
        individuals and companies are not legally required to remediate 
        the mine sites;</DELETED>
        <DELETED>    (13) Good Samaritan remediation activities may--
        </DELETED>
                <DELETED>    (A) vary in size and complexity;</DELETED>
                <DELETED>    (B) reflect the myriad ways that mine 
                residue may be cleaned up; and</DELETED>
                <DELETED>    (C) include, among other activities--
                </DELETED>
                        <DELETED>    (i) the relocation or management 
                        of tailings or other waste piles;</DELETED>
                        <DELETED>    (ii) passive or active water 
                        treatment;</DELETED>
                        <DELETED>    (iii) runoff or run-on controls; 
                        and</DELETED>
                        <DELETED>    (iv) the use or reprocessing of, 
                        or removal of materials from, mine 
                        residue;</DELETED>
        <DELETED>    (14) the potential environmental liabilities that 
        may attach to those Good Samaritans as a result of the 
        remediation can dissuade those Good Samaritans from acting for 
        the public good;</DELETED>
        <DELETED>    (15) it is in the interest of the United States, 
        the States, and local communities to remediate historic mine 
        sites, in appropriate circumstances and to the maximum extent 
        practicable, so that the environmental impacts of the sites are 
        lessened into the future; and</DELETED>
        <DELETED>    (16) if appropriate protections are provided for 
        Good Samaritans, Good Samaritans will have a greater incentive 
        to remediate those sites for the public good.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to encourage partial or complete remediation 
        of inactive and abandoned mining sites for the public good by 
        persons who are not otherwise legally responsible for the 
        remediation;</DELETED>
        <DELETED>    (2) to provide appropriate protections for Good 
        Samaritans under applicable environmental laws;</DELETED>
        <DELETED>    (3) to ensure that remediation performed by Good 
        Samaritans creates actual and significant environmental 
        benefits;</DELETED>
        <DELETED>    (4) to ensure that remediation by Good Samaritans 
        is carried out--</DELETED>
                <DELETED>    (A) with the approval and agreement, and 
                in the discretion, of affected Federal, State, and 
                local authorities and with review by the public; 
                and</DELETED>
                <DELETED>    (B) in a manner that is beneficial to the 
                environment and all affected communities;</DELETED>
        <DELETED>    (5) to create an efficient permit process under 
        which the cost and complexity of obtaining a permit are 
        commensurate with the scope of remediation work to be completed 
        and the environmental benefits from the work;</DELETED>
        <DELETED>    (6) to avoid permitting for ongoing, for-profit 
        businesses that specialize in multiple Good Samaritan projects 
        that are designed to be permitted outside otherwise applicable 
        Federal, State, and local environmental laws; and</DELETED>
        <DELETED>    (7) to ensure that the protections for Good 
        Samaritans provided in this Act are interpreted in accordance 
        with the purposes of this Act and to enhance the public 
        good.</DELETED>

<DELETED>SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES BY GOOD 
              SAMARITANS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Environmental Protection 
        Agency.</DELETED>
        <DELETED>    (2) Cooperating agency.--The term ``cooperating 
        agency'' means any Federal, State, or local agency or other 
        person (other than the Administrator) that--</DELETED>
                <DELETED>    (A) is authorized under Federal or State 
                law, or local ordinance, to participate in issuing a 
                permit under this section; and</DELETED>
                <DELETED>    (B) elects to participate in the process 
                of issuing the permit.</DELETED>
        <DELETED>    (3) Environmental law.--The term ``environmental 
        law'' includes--</DELETED>
                <DELETED>    (A) the Toxic Substances Control Act (15 
                U.S.C. 2601 et seq.);</DELETED>
                <DELETED>    (B) the Federal Water Pollution Control 
                Act (33 U.S.C. 1251 et seq.);</DELETED>
                <DELETED>    (C) the Safe Drinking Water Act (42 U.S.C. 
                300f et seq.);</DELETED>
                <DELETED>    (D) the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.);</DELETED>
                <DELETED>    (E) the Solid Waste Disposal Act (42 
                U.S.C. 6901 et seq.);</DELETED>
                <DELETED>    (F) the Clean Air Act (42 U.S.C. 7401 et 
                seq.);</DELETED>
                <DELETED>    (G) the Uranium Mill Tailings Radiation 
                Control Act of 1978 (42 U.S.C. 7901 et seq.);</DELETED>
                <DELETED>    (H) the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.);</DELETED>
                <DELETED>    (I) applicable environmental laws of a 
                State; and</DELETED>
                <DELETED>    (J) applicable environmental ordinances of 
                a political subdivision of a State.</DELETED>
        <DELETED>    (4) Good samaritan.--The term ``Good Samaritan'' 
        means a person that--</DELETED>
                <DELETED>    (A) is unrelated, by operation or 
                ownership (except solely through succession to title), 
                to the historic mine residue to be remediated under 
                this section;</DELETED>
                <DELETED>    (B) had no role in the creation of the 
                historic mine residue;</DELETED>
                <DELETED>    (C) had no significant role in the 
                environmental pollution caused by the historic mine 
                residue; and</DELETED>
                <DELETED>    (D) is not liable under any Federal, 
                State, or local law for the remediation of the historic 
                mine residue.</DELETED>
        <DELETED>    (5) Historic mine residue.--</DELETED>
                <DELETED>    (A) In general.--The term ``historic mine 
                residue'' means mine residue or conditions at an 
                inactive or abandoned mine site that pollute the 
                environment.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``historic mine 
                residue'' may include, among other materials--
                </DELETED>
                        <DELETED>    (i) ores;</DELETED>
                        <DELETED>    (ii) minerals;</DELETED>
                        <DELETED>    (iii) equipment (or materials in 
                        equipment);</DELETED>
                        <DELETED>    (iv) wastes from extractions, 
                        beneficiation, or other processing; 
                        and</DELETED>
                        <DELETED>    (v) acidic or otherwise polluted 
                        flows in surface or ground water.</DELETED>
        <DELETED>    (6) Inactive or abandoned mine site; mine site.--
        The terms ``inactive or abandoned mine site'' and ``mine site'' 
        mean the site of a mine and associated facilities that--
        </DELETED>
                <DELETED>    (A) were used for the production of a 
                mineral other than coal;</DELETED>
                <DELETED>    (B) have historic mine residue; 
                and</DELETED>
                <DELETED>    (C) are abandoned or inactive as of the 
                date on which an application is submitted for a permit 
                under this section.</DELETED>
        <DELETED>    (7) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).</DELETED>
        <DELETED>    (8) Person.--The term ``person'' includes--
        </DELETED>
                <DELETED>    (A) an individual;</DELETED>
                <DELETED>    (B) a firm;</DELETED>
                <DELETED>    (C) a corporation;</DELETED>
                <DELETED>    (D) an association;</DELETED>
                <DELETED>    (E) a partnership;</DELETED>
                <DELETED>    (F) a consortium;</DELETED>
                <DELETED>    (G) a joint venture;</DELETED>
                <DELETED>    (H) a commercial entity;</DELETED>
                <DELETED>    (I) a nonprofit organization;</DELETED>
                <DELETED>    (J) the Federal Government;</DELETED>
                <DELETED>    (K) a State;</DELETED>
                <DELETED>    (L) a political subdivision of a 
                State;</DELETED>
                <DELETED>    (M) an interstate entity; and</DELETED>
                <DELETED>    (N) a commission.</DELETED>
        <DELETED>    (9) State.--The term ``State'' means--</DELETED>
                <DELETED>    (A) a State; and</DELETED>
                <DELETED>    (B) an Indian tribe.</DELETED>
<DELETED>    (b) Permits.--The Administrator may issue a permit to a 
Good Samaritan to carry out a project to remediate all or part of an 
inactive or abandoned mine site in accordance with this 
section.</DELETED>
<DELETED>    (c) Eligibility for Permits.--</DELETED>
        <DELETED>    (1) In general.--To be eligible for a permit to 
        carry out a project to remediate an inactive or abandoned mine 
        site in a State under this section--</DELETED>
                <DELETED>    (A) the mine site shall be located in the 
                United States;</DELETED>
                <DELETED>    (B) the principal purpose of the project 
                shall be the reduction of pollution caused by historic 
                mine residue;</DELETED>
                <DELETED>    (C) the mine site may not be a mine site 
                included on the national priorities list under section 
                105(a)(8)(B) of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9605(a)(8)(B)) except in a case in which the 
                Administrator determines, on a case-by-case basis, 
                that--</DELETED>
                        <DELETED>    (i) the remediation project 
                        proposed to be carried out at the mine site is 
                        minor as compared to all remediation activity 
                        needed at the listed mine site;</DELETED>
                        <DELETED>    (ii) the conduct of the proposed 
                        remediation project at the listed mine site 
                        will not interfere with any other remediation 
                        at the mine site that is reasonably likely to 
                        occur; and</DELETED>
                        <DELETED>    (iii) except for the remediation 
                        project proposed by the Good Samaritan at the 
                        mine site under this Act, there is not likely 
                        to be remediation of the historic mine residue 
                        that is the subject of the project at the 
                        listed mine site in the reasonably foreseeable 
                        future;</DELETED>
                <DELETED>    (D) the permit shall authorize only those 
                activities that are directly required for the 
                remediation of historic mine residue at the mine 
                site;</DELETED>
                <DELETED>    (E) the person obtaining the permit shall 
                be a Good Samaritan; and</DELETED>
                <DELETED>    (F) a State remediation program described 
                in subsection (d) shall be in effect for remediation of 
                the mine site.</DELETED>
        <DELETED>    (2) Other activities.--Any activity other than the 
        activities described in paragraph (1)(D) conducted by the 
        permittee or any other person at the mine site (including, 
        without limitation, any mining or processing in addition to 
        that required for the remediation of historic mine residue for 
        the public good)--</DELETED>
                <DELETED>    (A) shall not be authorized under a permit 
                issued under this section; and</DELETED>
                <DELETED>    (B) may be authorized under other 
                applicable laws, including environmental 
                laws.</DELETED>
<DELETED>    (d) State Remediation Program.--</DELETED>
        <DELETED>    (1) In general.--Before a permit may be issued to 
        carry out a project in a State under this section, the State 
        shall have in effect a State remediation program that meets the 
        requirements of this subsection.</DELETED>
        <DELETED>    (2)  Requirements.--To meet the requirements of 
        this subsection, under the State remediation program, the State 
        shall--</DELETED>
                <DELETED>    (A) agree to participate, as a signatory, 
                in each project for a which a permit for remediation in 
                the State is issued under this section;</DELETED>
                <DELETED>    (B) agree that a permittee shall comply 
                with the terms and conditions of the permit in lieu of 
                compliance with applicable environmental laws 
                specifically described in the permit in accordance with 
                subsection (h)(1)(B);</DELETED>
                <DELETED>    (C) authorize State agencies and political 
                subdivisions of the State to participate in the permit 
                process under this section, as appropriate, and assist 
                in providing the resources to enable that 
                participation; and</DELETED>
                <DELETED>    (D) designate a lead State agency that is 
                responsible to carry out permitting responsibilities of 
                the State under this section.</DELETED>
<DELETED>    (e) Application for Permits.--To obtain a permit to carry 
out a project to remediate an inactive or abandoned mine site under 
this section, an applicant shall submit to the Administrator an 
application, signed by the applicant, that provides--</DELETED>
        <DELETED>    (1) a description of the mine site (including the 
        boundaries of the mine site);</DELETED>
        <DELETED>    (2) an identification of--</DELETED>
                <DELETED>    (A) any current owner or operator of the 
                mine site; and</DELETED>
                <DELETED>    (B) any person with a legal right to 
                exclude other persons from the mine site or affect 
                activities on the mine site, with a description of 
                those legal rights;</DELETED>
        <DELETED>    (3) evidence satisfactory to the Administrator 
        that the applicant has or will acquire all legal rights 
        necessary to enter the mine site and to perform the remediation 
        described in the application;</DELETED>
        <DELETED>    (4) a description, based on the conduct of an 
        inquiry that is reasonable under the circumstances, of--
        </DELETED>
                <DELETED>    (A) all persons that may be legally 
                responsible for the remediation of the mine site; 
                and</DELETED>
                <DELETED>    (B) any relationship between those persons 
                and the applicant;</DELETED>
        <DELETED>    (5) a certification that the applicant knows of no 
        other person that (as of the date of submission of the 
        application)--</DELETED>
                <DELETED>    (A) is potentially legally responsible for 
                the remediation of the mine site; and</DELETED>
                <DELETED>    (B) has sufficient resources to complete 
                the remediation;</DELETED>
        <DELETED>    (6) a detailed description of the historic mine 
        residue to be remediated;</DELETED>
        <DELETED>    (7) a description of the baseline conditions (as 
        of the date of submission of the application) of the 
        environment affected by the historic mine residue to be 
        remediated;</DELETED>
        <DELETED>    (8) a description of--</DELETED>
                <DELETED>    (A) the nature and scope of the proposed 
                remediation; and</DELETED>
                <DELETED>    (B) detailed engineering plans for the 
                project;</DELETED>
        <DELETED>    (9) a description of the manner in which the 
        remediation will assist the mine site in meeting, to the 
        maximum extent reasonable and practicable under the 
        circumstances, water quality standards;</DELETED>
        <DELETED>    (10) a schedule for the work to be carried out 
        under the project;</DELETED>
        <DELETED>    (11) a budget for the work to be carried out under 
        the project;</DELETED>
        <DELETED>    (12) a description of financial assurances, if 
        any, to be provided by the permittee to ensure that the 
        permitted work, including any operation and maintenance, will 
        be completed;</DELETED>
        <DELETED>    (13) a description of a monitoring program 
        following remediation (if any) that will be implemented to 
        evaluate the effects of the remediation on the 
        environment;</DELETED>
        <DELETED>    (14) a detailed plan for the required operation 
        and maintenance of any remediation; and</DELETED>
        <DELETED>    (15) a list of all environmental laws for which 
        the applicant seeks the protection described in paragraphs (1) 
        and (2) of subsection (g).</DELETED>
<DELETED>    (f) Permit Issuance.--</DELETED>
        <DELETED>    (1) In general.--The Administrator may issue a 
        permit under this section to carry out a project for the 
        remediation of an inactive or abandoned mine site in a State 
        only if--</DELETED>
                <DELETED>    (A) the Administrator determines that--
                </DELETED>
                        <DELETED>    (i) the project will improve the 
                        environment on or in the area of the mine site 
                        to a significant degree, as determined by the 
                        Administrator;</DELETED>
                        <DELETED>    (ii) the project will not degrade 
                        any aspect of the environment in any area to a 
                        significant degree;</DELETED>
                        <DELETED>    (iii) the project will meet 
                        applicable water quality standards, to the 
                        maximum extent reasonable and practicable under 
                        the circumstances;</DELETED>
                        <DELETED>    (iv) the permittee has the 
                        financial and other resources to complete, and 
                        will complete, the permitted work; 
                        and</DELETED>
                        <DELETED>    (v) the project meets the 
                        requirements of this section;</DELETED>
                <DELETED>    (B) the State concurs with the issuance 
                of, and signs, the permit;</DELETED>
                <DELETED>    (C) if the permit provides protection for 
                the permittee under an environmental law of a political 
                subdivision of a State in accordance with paragraphs 
                (1) and (2) of subsection (g), the political 
                subdivision concurs with the issuance of, and signs, 
                the permit; and</DELETED>
                <DELETED>    (D) if the proposed project is to be 
                carried out on Federal land, each State (or political 
                subdivision) within which the Federal land is located 
                meets the requirements of subparagraphs (B) and 
                (C).</DELETED>
        <DELETED>    (2) Discretionary actions.--The issuance of a 
        permit by the Administrator, and the concurrence of the 
        affected State and political subdivisions of a State to 
        participate in the permit process, shall be discretionary 
        actions and shall be taken in the public interest.</DELETED>
        <DELETED>    (3) Functional equivalency.--No action of the 
        Administrator or any other person pursuant to this section 
        shall constitute a major Federal action significantly affecting 
        the quality of the human environment under the National 
        Environmental Policy Act (42 U.S.C. 4321 et seq.).</DELETED>
        <DELETED>    (4) Deadline.--</DELETED>
                <DELETED>    (A) In general.--The Administrator shall 
                issue or deny a permit for the remediation of a mine 
                site not later than--</DELETED>
                        <DELETED>    (i) the date that is 180 days 
                        after the date of receipt by the Administrator 
                        of an application for the permit that, as 
                        determined by the Administrator, is complete; 
                        or</DELETED>
                        <DELETED>    (ii) such later date as may be 
                        determined by the Administrator with the 
                        agreement of the applicant.</DELETED>
                <DELETED>    (B) Constructive denial.--If the 
                Administrator fails to issue or deny the permit in 
                accordance with subparagraph (A), the application shall 
                be considered to be denied by the 
                Administrator.</DELETED>
        <DELETED>    (5) Review for certain projects.--A project that, 
        as determined by the Administrator, would be less complex, or 
        pose less risk, than other projects under review by the 
        Administrator for a permit under this section, may be reviewed, 
        at the discretion of the Administrator, under a more simple and 
        rapid review process under this subsection.</DELETED>
<DELETED>    (g) Effect of Permits.--</DELETED>
        <DELETED>    (1) In general.--A permit issued under this 
        section to carry out a project for the remediation of an 
        inactive or abandoned mine site--</DELETED>
                <DELETED>    (A) authorizes the permittee to carry out 
                the activities described in the permit;</DELETED>
                <DELETED>    (B) authorizes enforcement under this 
                section; and</DELETED>
                <DELETED>    (C) provides to the permittee, in carrying 
                out the activities authorized under the permit, 
                protection from actions taken, obligations, and 
                liabilities arising under the environmental laws 
                specified in the permit.</DELETED>
        <DELETED>    (2) Cross-compliance.--A permittee shall comply 
        with the terms and conditions of a permit issued under this 
        section in lieu of compliance with the environmental laws 
        specified in the permit with respect to the work authorized 
        under the permit.</DELETED>
<DELETED>    (h) Content of Permits.--</DELETED>
        <DELETED>    (1) In general.--A permit issued under this 
        section shall contain--</DELETED>
                <DELETED>    (A) a detailed description of the 
                engineering and other work that is authorized under the 
                permit;</DELETED>
                <DELETED>    (B) a specific list of environmental laws, 
                or selected provisions of environmental laws, with 
                respect to which compliance with the permit will 
                operate in lieu of compliance with the laws;</DELETED>
                <DELETED>    (C) a provision that states that the 
                permittee is responsible for securing, for all 
                activities authorized under the permit, all 
                authorizations, licenses, and permits that are required 
                under applicable law, other than the environmental laws 
                described in subsection (g)(2); and</DELETED>
                <DELETED>    (D) any other terms and conditions that 
                are determined to be appropriate by the 
                Administrator.</DELETED>
        <DELETED>    (2) Investigative sampling.--</DELETED>
                <DELETED>    (A) In general.--A permit may identify an 
                appropriate program of investigative sampling to be 
                completed prior to remediation, as determined by the 
                Administrator upon application.</DELETED>
                <DELETED>    (B) Option to decline remediation.--In the 
                event that investigative sampling is authorized, the 
                permit may allow the permittee to decline to undertake 
                remediation based upon sampling results.</DELETED>
                <DELETED>    (C) Permit modification.--Based upon 
                sampling results, a permittee may apply for a permit 
                modification using the permit procedures in this 
                Act.</DELETED>
        <DELETED>    (3) Timing.--Work authorized under a permit 
        shall--</DELETED>
                <DELETED>    (A) commence not later than the date that 
                is 18 months after the date of issuance of the permit; 
                and</DELETED>
                <DELETED>    (B) continue until completed, with 
                temporary suspensions permitted during adverse weather 
                or other conditions specified in the permit.</DELETED>
        <DELETED>    (4) Signature by permittee.--The signature of the 
        permittee on the permit shall be considered to be an 
        acknowledgment by the permittee that the permittee accepts the 
        terms and conditions of the permit.</DELETED>
        <DELETED>    (5) Transfer of permits.--A permit may be 
        transferred to another person only if--</DELETED>
                <DELETED>    (A) the Administrator determines that the 
                transferee will satisfy all of the requirements of the 
                permit;</DELETED>
                <DELETED>    (B) the transferee signs the permit; 
                and</DELETED>
                <DELETED>    (C) the Administrator includes in the 
                transferred permit any additional conditions necessary 
                to meet the goals of this section.</DELETED>
        <DELETED>    (6) Termination of permit.--The authority to carry 
        out work under a permit issued under this section shall 
        terminate if the work does not commence by the date that is 18 
        months after the date of issuance of the permit.</DELETED>
<DELETED>    (i) Role of Administrator.--In carrying out this section, 
the Administrator shall--</DELETED>
        <DELETED>    (1) consult with prospective applicants;</DELETED>
        <DELETED>    (2) accept permit applications under this 
        section;</DELETED>
        <DELETED>    (3) convene, coordinate, and lead the application 
        review process;</DELETED>
        <DELETED>    (4) maintain all records relating to the permit 
        and the permit process;</DELETED>
        <DELETED>    (5) provide an opportunity for cooperating 
        agencies and the public to participate in the permit 
        process;</DELETED>
        <DELETED>    (6) issue the permit under this section, if 
        appropriate; and</DELETED>
        <DELETED>    (7) enforce and otherwise carry out this 
        section.</DELETED>
<DELETED>    (j) Cooperating Agencies.--If the Administrator learns 
that an application for the remediation of a mine site under this 
section will be submitted to the Administrator, the Administrator shall 
(as soon as practicable) provide a notice of the application to--
</DELETED>
        <DELETED>    (1) the lead State agency designated under 
        subsection (d)(2)(D);</DELETED>
        <DELETED>    (2) each local government located within a radius 
        of 20 miles of the mine site; and</DELETED>
        <DELETED>    (3) each Federal and State agency that may have an 
        interest in the application.</DELETED>
<DELETED>    (k) Public Participation.--</DELETED>
        <DELETED>    (1) Potential submission of applications.--If the 
        Administrator learns that an application for the remediation of 
        a mine site under this section will be submitted to the 
        Administrator, the Administrator shall (as soon as practicable) 
        provide to the public a notice that describes--</DELETED>
                <DELETED>    (A) the location of the mine 
                site;</DELETED>
                <DELETED>    (B) the scope and nature of the proposed 
                remediation; and</DELETED>
                <DELETED>    (C) the name of the Good Samaritan that 
                will be carrying out the proposed 
                remediation.</DELETED>
        <DELETED>    (2) Receipt of application.--If the Administrator 
        receives an application for the remediation of a mine site 
        under this section, the Administrator shall (as soon as 
        practicable) provide to the public a notice that provides the 
        information described in paragraph (1).</DELETED>
        <DELETED>    (3) Hearing.--</DELETED>
                <DELETED>    (A) In general.--Not later than 45 days 
                after the date of receipt of a complete application for 
                the remediation of a mine site under this section, the 
                Administrator shall hold a hearing in the vicinity of 
                the mine site to be remediated.</DELETED>
                <DELETED>    (B) Comments.--At the hearing, the 
                Administrator shall provide the applicant, the public, 
                and cooperating agencies with the opportunity to 
                comment on the application.</DELETED>
        <DELETED>    (4) Notice of pending issuance.--Not less than 14 
        days before the date of issuance of a permit for the 
        remediation of a mine site under this section, the 
        Administrator shall provide to the public and each cooperating 
        agency notice of the pending issuance of the permit.</DELETED>
        <DELETED>    (5) Public records.--All records relating to the 
        permit and the permit process shall be considered to be public 
        records, except to the extent the records are subject to a 
        legal privilege.</DELETED>
<DELETED>    (l) Monitoring.--</DELETED>
        <DELETED>    (1) In general.--The permittee shall take such 
        actions as the Administrator determines are necessary to ensure 
        appropriate baseline and post-remediation monitoring of the 
        environment under paragraphs (7) and (13) of subsection 
        (e).</DELETED>
        <DELETED>    (2) Administration.--When selecting the type and 
        frequency of the monitoring requirements to be included in a 
        permit, if any, the Administrator shall--</DELETED>
                <DELETED>    (A) balance the need for monitored 
                information against the cost of the monitoring, based 
                on the circumstances relating to the remediation; 
                and</DELETED>
                <DELETED>    (B) take into account the scope of the 
                project.</DELETED>
        <DELETED>    (3) Multiparty monitoring.--The Administrator may 
        approve in a permit the conduct of monitoring by multiple 
        parties if, as determined by the Administrator, the multiparty 
        monitoring will effectively accomplish the goals of this 
        section.</DELETED>
<DELETED>    (m) Enforcement.--</DELETED>
        <DELETED>    (1) Civil penalty.--Any person who violates a 
        permit issued under this section shall be subject to a civil 
        penalty of up to $10,000 for each day of the 
        violation.</DELETED>
        <DELETED>    (2) Injunctions.--</DELETED>
                <DELETED>    (A) In general.--A court may issue an 
                injunction--</DELETED>
                        <DELETED>    (i) mandating that a person comply 
                        with a permit or take action to abate a permit 
                        violation; or</DELETED>
                        <DELETED>    (ii) prohibiting a person from 
                        violating a permit.</DELETED>
                <DELETED>    (B) Minimum requirement.--In the event of 
                a permit violation, and absent extraordinary 
                circumstances, the court shall, at a minimum, require--
                </DELETED>
                        <DELETED>    (i) the permittee to repair the 
                        damage to any part of the environment that is 
                        caused by an action of the permittee in 
                        violation of the permit; and</DELETED>
                        <DELETED>    (ii) the environment to be 
                        restored to the condition of the environment 
                        prior to the action of the permittee in 
                        violation of the permit.</DELETED>
        <DELETED>    (3) Agencies.--Any government agency that signs a 
        permit issued under this section may enforce the permit through 
        appropriate administrative or judicial proceedings.</DELETED>
<DELETED>    (n) Judicial Review.--A court may set aside or modify an 
action of the Administrator in issuing a permit under this section, or 
an action of a State or political subdivision of a State in signing a 
permit, only on clear and convincing evidence of an abuse of 
discretion.</DELETED>
<DELETED>    (o) Savings Provisions.--</DELETED>
        <DELETED>    (1) Emergency authority.--Nothing in this section 
        affects the authority of a Federal, State, or local agency to 
        carry out any emergency authority, including an emergency 
        authority provided under any environmental law listed in a 
        permit.</DELETED>
        <DELETED>    (2) Liability.--Except to the extent that a permit 
        provides protection under an environmental law specified in a 
        permit in accordance with subsection (g)(1)(C), nothing in this 
        section or a permit issued under this section limits the 
        liability of any person (including a permittee) under any other 
        provision of law.</DELETED>
<DELETED>    (p) Regulations.--</DELETED>
        <DELETED>    (1) In general.--The Administrator may promulgate 
        such regulations as are necessary to carry out this 
        section.</DELETED>
        <DELETED>    (2) Effectiveness.--This section shall be 
        effective regardless of whether regulations are promulgated by 
        the Administrator under paragraph (1).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cleanup of Inactive and Abandoned 
Mines Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Federal Government and State governments encouraged 
        hard rock mining in the United States through a wide variety of 
        laws, policies, and actions;
            (2) mining operations produce metals and minerals with 
        important social benefits and values;
            (3) many areas in which historic mining took place in the 
        United States are now inactive and abandoned mine sites;
            (4) the mining activities that took place prior to the 
        enactment of modern environmental laws often disturbed public 
        and private land, and those disturbances lead to environmental 
        pollution, including the discharge of pollutants to surface 
        water and groundwater;
            (5) many of the individuals and corporate owners and 
        operators of those mines, the actions of which caused that 
        pollution, are no longer alive or in existence;
            (6) many of those mine sites have polluted the environment 
        for more than a century and will continue to do so indefinitely 
        unless remediated;
            (7) unabated discharges from inactive and abandoned mines 
        will continue to pollute surface water, groundwater, and soils;
            (8) many of the streams and waterbodies impacted by acid 
        mine drainage are important resources for fish and wildlife, 
        recreation, drinking water, agriculture, and other public 
        purposes;
            (9) because some of the remaining owners and operators of 
        mine sites do not have resources that are adequate to conduct 
        remediation properly under applicable environmental laws, for 
        all practical purposes, no person is responsible for the 
        cleanup of pollution from those sites;
            (10) from time to time, individuals and companies are 
        willing to remediate historic mine sites for the public good as 
        Good Samaritans, despite the fact that those individuals and 
        companies are not legally required to remediate the mine sites;
            (11) Good Samaritan remediation activities may--
                    (A) vary in size and complexity;
                    (B) reflect the myriad methods in which mine 
                residue may be cleaned up; and
                    (C) include, among other activities--
                            (i) the relocation or management of 
                        tailings or other waste piles;
                            (ii) passive or active water treatment;
                            (iii) runoff or run-on controls; and
                            (iv) the use or reprocessing of, or removal 
                        of materials from, mine residue;
            (12) the potential environmental liabilities that may 
        attach to Good Samaritans as a result of the remediation can 
        dissuade potential Good Samaritans from acting for the public 
        good;
            (13) it is in the interest of the United States, the 
        States, and local communities to remediate historic mine sites, 
        in appropriate circumstances and to the maximum extent 
        practicable, so that detrimental environmental impacts of the 
        sites are lessened in the future; and
            (14) if appropriate protections are provided for Good 
        Samaritans, Good Samaritans will have a greater incentive to 
        remediate those sites for the public good.
    (b) Purposes.--The purposes of this Act are--
            (1) to encourage partial or complete remediation of 
        inactive and abandoned mine sites for the public good by 
        persons that are not otherwise legally responsible for the 
        remediation;
            (2) to provide appropriate protections for Good Samaritans 
        under applicable environmental laws;
            (3) to ensure that remediation performed by Good Samaritans 
        creates actual and significant environmental benefits;
            (4) to ensure that remediation by Good Samaritans is 
        carried out--
                    (A) with the approval and agreement, and in the 
                discretion, of affected Federal, State, and local 
                authorities and with review by the public; and
                    (B) in a manner that is beneficial to the 
                environment and all affected communities;
            (5) to create an efficient permit process under which the 
        cost and complexity of obtaining a permit are commensurate with 
        the scope of remediation work to be completed and the 
        environmental benefits from the work;
            (6) to avoid permitting for ongoing, for-profit businesses 
        that specialize in multiple Good Samaritan projects that are 
        designed to be permitted outside otherwise applicable Federal, 
        State, and local environmental laws;
            (7) to ensure that the protections for Good Samaritans 
        provided in this Act are interpreted in accordance with the 
        purposes of this Act and to enhance the public good; and
            (8) to further innovation and cooperation among the Federal 
        Government, State governments, private individuals, and 
        corporations to accelerate conservation and environmental 
        restoration.

SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES BY GOOD SAMARITANS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Cooperating agency.--The term ``cooperating agency'' 
        means any Federal, State, tribal, or local agency or other 
        person (other than the Administrator) that--
                    (A) is authorized under Federal or State law, 
                tribal, or local ordinance, to participate in issuing a 
                permit under this section; and
                    (B) elects to participate in the process of issuing 
                the permit.
            (3) Environmental law.--The term ``environmental law'' 
        includes--
                    (A) the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.);
                    (B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (C) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.);
                    (D) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (E) applicable environmental laws of a State or 
                Indian tribe; and
                    (F) applicable environmental ordinances of a 
                political subdivision of a State or Indian tribe.
            (4) Good samaritan.--The term ``Good Samaritan'' means a 
        person that, with respect to historic mine residue--
                    (A) had no role in the creation of the historic 
                mine residue;
                    (B) had no role in creating the environmental 
                pollution caused by the historic mine residue; and
                    (C) is not liable under any Federal, State, tribal, 
                or local law for the remediation of the historic mine 
                residue.
            (5) Historic mine residue.--
                    (A) In general.--The term ``historic mine residue'' 
                means mine residue or conditions at an inactive or 
                abandoned mine site that pollute the environment.
                    (B) Inclusions.--The term ``historic mine residue'' 
                includes, among other materials--
                            (i) previously mined ores and minerals that 
                        directly contribute to acid mine drainage or 
                        other pollution;
                            (ii) equipment (or materials in equipment);
                            (iii) wastes or materials from extractions, 
                        beneficiation, or other processing; and
                            (iv) acidic or otherwise polluted flows in 
                        surface water or groundwater.
            (6) Inactive or abandoned mine site; mine site.--The terms 
        ``inactive or abandoned mine site'' and ``mine site'' mean the 
        site of a mine and associated facilities that--
                    (A) were used for the production of a mineral other 
                than coal;
                    (B) have historic mine residue; and
                    (C) are abandoned or inactive as of the date on 
                which an application is submitted for a permit under 
                this section.
            (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (8) Permitting authority.--The term ``permitting 
        authority'' means--
                    (A) the Administrator; or
                    (B) a State or Indian tribe with a Good Samaritan 
                program approved under subsection (d).
            (9) Person.--The term ``person'' includes--
                    (A) an individual;
                    (B) a firm;
                    (C) a corporation;
                    (D) an association;
                    (E) a partnership;
                    (F) a consortium;
                    (G) a joint venture;
                    (H) a commercial entity;
                    (I) a nonprofit organization;
                    (J) the Federal Government;
                    (K) a State;
                    (L) a political subdivision of a State;
                    (M) an interstate entity;
                    (N) a commission; and
                    (O) an Indian tribe.
    (b) Permits.--The permitting authority may issue a permit to a Good 
Samaritan to carry out a project to remediate all or part of an 
inactive or abandoned mine site in accordance with this section.
    (c) Eligibility for Permits.--
            (1) In general.--To be eligible for a permit to carry out a 
        project to remediate an inactive or abandoned mine site under 
        this section--
                    (A) the mine site shall be located in the United 
                States;
                    (B) the principal purpose of the project shall be 
                the reduction of pollution caused by historic mine 
                residue;
                    (C) the mine site may not be a mine site included 
                on the national priorities list under section 
                105(a)(8)(B) of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9605(a)(8)(B));
                    (D) the permit shall authorize only those 
                activities that are directly required for the 
                remediation of historic mine residue at the mine site;
                    (E) the person obtaining the permit shall be a Good 
                Samaritan; and
                    (F) a State or tribal program described in 
                paragraph (1) or (3) of subsection (d) shall be in 
                effect for remediation of the mine site.
            (2) Other activities.--Any activity other than the 
        activities described in paragraph (1)(D) conducted by the 
        permittee or any other person at the mine site (including, 
        without limitation, any mining or processing in addition to 
        that required for the remediation of historic mine residue for 
        the public good)--
                    (A) shall not be authorized under a permit issued 
                under this section; and
                    (B) may be authorized under other applicable laws, 
                including environmental laws.
    (d) State or Tribal Program.--
            (1) Program.--
                    (A) In general.--Before a permit may be issued by a 
                State or Indian tribe to carry out a project under this 
                Act, the State or Indian tribe shall have in effect a 
                voluntary Good Samaritan program approved by the 
                Administrator.
                    (B) Application.--
                            (i) In general.--The Governor of any State, 
                        or the head of the governing body of an Indian 
                        tribe, may submit to the Administrator, at any 
                        time, an application to administer a Good 
                        Samaritan program for activities under the 
                        jurisdiction of the State or Indian tribe.
                            (ii) Requirements.--An application 
                        submitted under clause (i) shall include--
                                    (I) a complete and detailed 
                                description of the permit program 
                                proposed to be administered under State 
                                or tribal law; and
                                    (II) a statement from the State 
                                attorney general or an equivalent 
                                tribal official that the laws of the 
                                State or Indian tribe provide adequate 
                                authority to carry out the proposed 
                                program.
                            (iii) Approval or disapproval.--The 
                        Administrator shall approve an application 
                        received under clause (i) not later than 120 
                        days after the date of receipt of the 
                        application unless the Administrator determines 
                        that the applicable State or Indian tribe does 
                        not meet the requirements described in 
                        paragraph (2).
            (2)  Requirements.--A State or Indian tribe that seeks to 
        administer a Good Samaritan program shall--
                    (A) agree to participate as a permit signatory in 
                the issuance of permits for each project for which a 
                State or tribal permit for remediation in the State or 
                relevant area under the jurisdiction of the Indian 
                tribe is issued under this section;
                    (B) designate a lead State or tribal agency that is 
                responsible for carrying out permitting 
                responsibilities of the State or Indian tribe under 
                this section;
                    (C) provide an opportunity for judicial review in 
                State court, or by the tribal body that exercises 
                judicial functions of an Indian tribe, of the final 
                decision by the State or Indian tribe which approves or 
                denies a permit application under this Act in 
                accordance with the standard described in subsection 
                (p);
                    (D) possess legal authority to implement a Good 
                Samaritan program with program elements consistent with 
                those described in this Act, including State or tribal 
                enforcement authorities;
                    (E) agree to carry out the program in accordance 
                with this Act (except that a State or Indian tribe 
                shall not be precluded from omitting or modifying any 
                program element for the purpose of imposing 
                requirements that are more protective of the 
                environment); and
                    (F) provide for and encourage public participation 
                in the permitting process.
            (3) States and indian tribes without good samaritan 
        programs.--In the case of a State or Indian tribe without a 
        Good Samaritan program approved under subsection (d), the 
        Administrator shall issue permits for Good Samaritan projects 
        if the State or Indian tribe--
                    (A) agrees to participate as a permit signatory in 
                the issuance of permits for each project for which a 
                permit for remediation in the State or on that tribal 
                land is issued under this section;
                    (B) agrees that a permittee shall comply with the 
                terms and conditions of the permit in lieu of 
                compliance with applicable environmental laws 
                specifically described in the permit in accordance with 
                subsection (h)(1)(B);
                    (C) authorizes State or tribal agencies and 
                political subdivisions of the State or Indian tribe to 
                participate in the permit process under this section, 
                as appropriate, and assist in providing the resources 
                to enable that participation; and
                    (D) designates a lead State or tribal agency that 
                is responsible to carry out permitting responsibilities 
                of the State or Indian tribe under this section.
    (e) Application for Permits.--To obtain a permit to carry out a 
project to remediate an inactive or abandoned mine site under this 
section, an applicant shall submit to the permitting authority an 
application, signed by the applicant, that provides--
            (1) a description of the mine site (including the 
        boundaries of the mine site);
            (2) an identification of--
                    (A) any current owner or operator of the mine site; 
                and
                    (B) any person with a legal right to exclude other 
                persons from the mine site or affect activities on the 
                mine site, with a description of those legal rights;
            (3) evidence satisfactory to the permitting authority that 
        the applicant has or will acquire all legal rights necessary to 
        enter the mine site and to perform the remediation described in 
        the application;
            (4) a description, based on the conduct of an inquiry that 
        is reasonable under the circumstances, of--
                    (A) prior owners and operators of the site 
                (including the current location or business operations 
                of those owners and operators);
                    (B) the mining activities that occurred at the 
                site; and
                    (C) any relationship between those persons and the 
                applicant;
            (5) a certification that the applicant knows of no other 
        person that (as of the date of submission of the application)--
                    (A) is responsible for the remediation of the mine 
                site; and
                    (B) has sufficient resources to complete the 
                remediation;
            (6) a detailed description of the historic mine residue to 
        be remediated;
            (7) a description of the baseline conditions (as of the 
        date of submission of the application) of the environment 
        affected by the historic mine residue to be remediated;
            (8) a description of--
                    (A) the nature and scope of the proposed 
                remediation; and
                    (B) detailed engineering plans for the project;
            (9) a description of the manner in which the remediation 
        will assist the mine site in meeting, to the maximum extent 
        reasonable and practicable under the circumstances, water 
        quality standards;
            (10) an identification, based on an inquiry that is 
        reasonable under the circumstances, of any significant adverse 
        effects on the environment that could reasonably be likely to 
        occur if the permittee fails to properly implement the proposed 
        remediation in accordance with the engineering plans;
            (11) a schedule for the work to be carried out under the 
        project;
            (12) a budget for the work to be carried out under the 
        project;
            (13) a description of financial assurances, if any, to be 
        provided by the permittee to ensure that the permitted work, 
        including any operation and maintenance, will be completed;
            (14) a description of a monitoring program following 
        remediation (if any) that will be implemented to evaluate the 
        effects of the remediation on the environment;
            (15) a detailed plan for the required operation and 
        maintenance of any remediation; and
            (16) a list of all environmental laws for which the 
        applicant seeks the protection described in paragraphs (1) and 
        (2) of subsection (g).
    (f) Permit Issuance.--
            (1) In general.--The permitting authority may issue a 
        permit under this section to carry out a project for the 
        remediation of an inactive or abandoned mine site only if--
                    (A) the permitting authority determines that--
                            (i) the project will improve the 
                        environment on or in the area of the mine site 
                        to a significant degree, as determined by the 
                        permitting authority;
                            (ii) the project will meet applicable water 
                        quality standards, to the maximum extent 
                        reasonable and practicable under the 
                        circumstances;
                            (iii) the permittee has the financial and 
                        other resources to complete, and will complete, 
                        the permitted work;
                            (iv) the permittee has the financial and 
                        other resources to address any contingencies 
                        identified in the permit application pursuant 
                        to subsection (e)(10) (except that the 
                        permitting authority may waive the requirements 
                        of this clause with respect to a project that 
                        has a budget of less than $300,000);
                            (v) the project meets the requirements of 
                        this section;
                    (B) with respect to a State or Indian tribe without 
                a Good Samaritan program approved under subsection (d), 
                the State or Indian tribe concurs with the issuance of, 
                and signs, the permit;
                    (C) if the permit provides protection for the 
                permittee under an environmental law of a political 
                subdivision of a State or Indian tribe in accordance 
                with paragraphs (1) and (2) of subsection (g), the 
                political subdivision concurs with the issuance of, and 
                signs, the permit; and
                    (D) if the proposed project is to be carried out on 
                Federal land, each State or Indian tribe (or political 
                subdivision of the State or Indian tribe) within which 
                the Federal land is located meets the requirements of 
                subparagraphs (B) and (C).
            (2) Discretionary actions.--The issuance of a permit by the 
        permitting authority, and the concurrence of the affected State 
        or Indian tribe (and political subdivisions of the State or 
        Indian tribe) to participate in the permit process, shall be 
        discretionary actions and shall be taken in the public 
        interest.
            (3) Compliance with nepa.--No action of a permitting 
        authority or any other person under this section shall be 
        required to comply with section 102 of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332).
            (4) Deadline.--
                    (A) In general.--The permitting authority shall 
                issue or deny a permit for the remediation of a mine 
                site not later than--
                            (i) the date that is 180 days after the 
                        date of receipt by the permitting authority of 
                        an application for the permit that, as 
                        determined by the permitting authority, is 
                        complete; or
                            (ii) such later date as may be determined 
                        by the permitting authority with the agreement 
                        of the applicant.
                    (B) Constructive denial.--If the permitting 
                authority fails to issue or deny the permit in 
                accordance with subparagraph (A), the application shall 
                be considered to be denied by the permitting authority.
            (5) Review for certain projects.--A project that, as 
        determined by the permitting authority, would be less complex, 
        or pose less risk, than other projects under review by the 
        permitting authority for a permit under this section, may be 
        reviewed, at the discretion of the permitting authority, under 
        a more simple and rapid review process (including the conduct 
        of a public hearing upon request by an interested person) under 
        this subsection.
    (g) Effect of Permits.--
            (1) In general.--A permit issued under this section to 
        carry out a project for the remediation of an inactive or 
        abandoned mine site--
                    (A) authorizes the permittee to carry out the 
                activities described in the permit;
                    (B) authorizes enforcement under this section; and
                    (C) provides to the permittee, in carrying out the 
                activities authorized under the permit, protection from 
                actions taken, obligations, and liabilities arising 
                under the environmental laws specified in the permit.
            (2) Cross-compliance.--A permittee shall comply with the 
        terms and conditions of a permit issued under this section in 
        lieu of compliance with the environmental laws specified in the 
        permit with respect to the work authorized under the permit.
            (3) Off-site disposal.--A permit issued pursuant to this 
        Act shall not relieve the permittee of the obligation to comply 
        with any applicable provision of the Toxic Substances Control 
        Act (15 U.S.C. 2601 et seq.) or the Solid Waste Disposal Act 
        (42 U.S.C. 6901 et seq.) relating to the off-site disposal of 
        any waste or material removed from the applicable inactive or 
        abandoned mine site.
    (h) Content of Permits.--
            (1) In general.--A permit issued under this section shall 
        contain--
                    (A) a detailed description of the engineering and 
                other work that is authorized under the permit;
                    (B) a specific list of environmental laws, or 
                selected provisions of environmental laws, with respect 
                to which compliance with the permit will operate in 
                lieu of compliance with the laws;
                    (C) a provision that states that the permittee is 
                responsible for securing, for all activities authorized 
                under the permit, all authorizations, licenses, and 
                permits that are required under applicable law, other 
                than the environmental laws described in subsection 
                (g)(2); and
                    (D) any other terms and conditions that are 
                determined to be appropriate by the permitting 
                authority.
            (2) Force majeure.--A permit issued under this section may 
        include, at the request of the Good Samaritan, a force majeure 
        provision.
            (3) Investigative sampling.--
                    (A) In general.--A permit may identify an 
                appropriate program of investigative sampling to be 
                completed prior to remediation, as determined by the 
                permitting authority upon application.
                    (B) Option to decline remediation.--In the event 
                that investigative sampling is authorized, the permit 
                may allow the permittee to decline to undertake 
                remediation based upon sampling results.
                    (C) Permit modification.--Based upon sampling 
                results, a permittee may apply for a permit 
                modification using the permit procedures in this Act.
            (4) Timing.--Work authorized under a permit--
                    (A) shall commence not later than the date that is 
                18 months after the date of issuance of the permit; and
                    (B) shall continue until completed, with temporary 
                suspensions permitted during adverse weather or other 
                conditions specified in the permit.
            (5) Signature by permittee.--The signature of the permittee 
        on the permit shall be considered to be an acknowledgment by 
        the permittee that the permittee accepts the terms and 
        conditions of the permit.
            (6) Transfer of permits.--A permit may be transferred to 
        another person only if--
                    (A) the permitting authority determines that the 
                transferee qualifies as a Good Samaritan;
                    (B) the transferee signs, and agrees to be bound by 
                the terms of, the permit; and
                    (C) the permitting authority includes in the 
                transferred permit any additional conditions necessary 
                to meet the goals of this section.
            (7) Termination of permit.--The authority to carry out work 
        under a permit issued under this section shall terminate if the 
        work does not commence by the date that is 18 months after the 
        date of issuance of the permit.
    (i) Role of Permitting Authority.--In carrying out this section, 
the permitting authority shall--
            (1) consult with prospective applicants;
            (2) accept permit applications under this section;
            (3) convene, coordinate, and lead the application review 
        process;
            (4) maintain all records relating to the permit and the 
        permit process;
            (5) provide an opportunity for cooperating agencies and the 
        public to participate in the permit process;
            (6) issue the permit under this section, if appropriate; 
        and
            (7) enforce and otherwise carry out this section.
    (j) Cooperating Agencies.--If the permitting authority learns that 
an application for the remediation of a mine site under this section 
will be submitted to the permitting authority, the permitting authority 
shall (as soon as practicable) provide a notice of the application to--
            (1) the lead State or tribal agency designated under 
        subsection (d)(2)(B);
            (2) each local government located within a radius of 75 
        miles of the mine site; and
            (3) each Federal, State, and tribal agency that may have an 
        interest in the application.
    (k) State, Local and Tribal Communities.--
            (1) In general.--If the permitting authority receives an 
        application for the remediation of a mine site under this 
        section, the permitting authority shall, as soon as 
        practicable, provide notice of the application to--
                    (A) any lead State or tribal agency designated 
                under subsection (d)(2)(B), if the Administrator is the 
                permitting authority;
                    (B) each local government located within a radius 
                of 75 miles of the project site; and
                    (C) each Federal, State, and tribal agency that the 
                permitting authority determines may have an interest in 
                the application.
            (2) Copy of application.--The notice shall include a copy 
        of the application.
    (l) Public Notice of Receipt of Applications.--
            (1) In general.--On receipt of a complete application for 
        the remediation of an inactive or abandoned mine site under 
        this Act, the permitting authority shall, not later than 30 
        days after receipt of the application, provide to the public a 
        notice that--
                    (A) describes--
                            (i) the location of the mine site;
                            (ii) the scope and nature of the proposed 
                        remediation; and
                            (iii) the name of the Good Samaritan 
                        applying for a permit to carry out the proposed 
                        remediation; and
                    (B) provides to the public a means of viewing or 
                obtaining the application.
            (2) Hearing.--
                    (A) In general.--Before the date of permit 
                issuance, the permitting authority shall hold a public 
                hearing in the vicinity of the mine site to be 
                remediated.
                    (B) Notice.--Not later than 30 days before the date 
                of the hearing, the permitting authority shall provide 
                the public with notice of the hearing and a draft 
                permit.
                    (C) Comments.--The permitting authority shall 
                provide the applicant and the public with the 
                opportunity--
                            (i) to comment on the draft permit at the 
                        public hearing; and
                            (ii) to submit written comments to the 
                        permitting authority during the 30-day period 
                        following the date of the hearing.
    (m) Monitoring.--
            (1) In general.--The permittee shall take such actions as 
        the permitting authority determines are necessary to ensure 
        appropriate baseline monitoring, monitoring during the 
        remediation project, and post-remediation monitoring of the 
        environment under paragraphs (7) and (13) of subsection (e).
            (2) Administration.--When selecting the type and frequency 
        of the monitoring requirements to be included in a permit, if 
        any, the permitting authority shall--
                    (A) balance the need for monitored information 
                against the cost of the monitoring, based on the 
                circumstances relating to the remediation; and
                    (B) take into account the scope of the project.
            (3) Multiparty monitoring.--The permitting authority may 
        approve in a permit the conduct of monitoring by multiple 
        parties if, as determined by the permitting authority, the 
        multiparty monitoring will effectively accomplish the goals of 
        this section.
    (n) Enforcement.--
            (1) Civil penalty.--Any person who violates a permit issued 
        under this section shall be subject to a civil penalty of up to 
        $10,000 for each day of the violation.
            (2) Injunctions.--
                    (A) In general.--A court may issue an injunction--
                            (i) mandating that a person comply with a 
                        permit or take action to abate a permit 
                        violation;
                            (ii) prohibiting a person from violating a 
                        permit; or
                            (iii) prohibiting additional activities 
                        under a permit (except activities carried out 
                        pursuant to subparagraph (B)).
                    (B) Minimum requirement.--In the event of a permit 
                violation, and absent extraordinary circumstances, the 
                court shall, at a minimum, require--
                            (i) the permittee to repair the damage to 
                        any part of the environment that is caused by 
                        an action of the permittee in violation of the 
                        permit; and
                            (ii) the environment to be restored to the 
                        condition of the environment prior to the 
                        action of the permittee in violation of the 
                        permit.
            (3) Agencies.--Any permitting authority that signs a permit 
        issued under this section may enforce the permit through 
        appropriate administrative or judicial proceedings.
    (o) Grant Eligibility.--A remediation project conducted pursuant to 
this section shall be eligible for funding pursuant to section 319 of 
the Federal Water Pollution Control Act (33 U.S.C. 1329).
    (p) Judicial Review.--A court may set aside or modify an action of 
the Administrator in issuing a permit under this section, or an action 
of a State or political subdivision in signing a permit, only on clear 
and convincing evidence of an abuse of discretion.
    (q) Transfer of Permitting Authority.--
            (1) In general.--Subject to paragraph (2), not later than 
        120 days after the date on which a State or Indian tribe has 
        submitted an application to administer a Good Samaritan 
        program, the Administrator shall suspend the issuance of 
        permits under this Act for remediation activities in that State 
        or relevant area under the jurisdiction of an Indian tribe 
        unless the Administrator determines that the Good Samaritan 
        program of the State or Indian tribe does not satisfy the 
        requirements of this Act.
            (2) Extension.--The period before which the Administrator 
        will suspend permitting activity under this subsection may be 
        extended by mutual agreement of the Administrator and the 
        applicable State or Indian tribe.
    (r) Notification of Administrator.--
            (1) In general.--Each State or Indian tribe authorized to 
        administer a Good Samaritan program shall--
                    (A) submit to the Administrator a copy of each 
                permit application received by the State or Indian 
                tribe; and
                    (B) provide notice to the Administrator of each 
                permit proposed to be issued by the State or Indian 
                tribe (including any proposed permit modifications, 
                transfers, or terminations).
            (2) Objection to issuance.--
                    (A) In general.--Except as provided in subparagraph 
                (C), no permit shall be issued by a State or Indian 
                tribe referred to in paragraph (1) if the 
                Administrator, by not later than the date that is 90 
                days after the date of submission of the proposed 
                permit notification, objects in writing to the issuance 
                of the permit on the basis that the permit would not be 
                in accordance with this Act.
                    (B) Statement of reasons for objection.--An 
                objection by the Administrator described in 
                subparagraph (A) shall include a statement of the 
                reasons for the objection.
                    (C) Waiver.--The Administrator may, with respect to 
                any permit application, waive the applicability of 
                subparagraph (A).
            (3) Issuance or denial of permits.--
                    (A) In general.--In any case in which the 
                Administrator objects to the issuance of a permit under 
                paragraph (2), the Administrator, on the request of the 
                applicable State or Indian tribe, shall hold a public 
                hearing on the objection.
                    (B) Failure to request hearing or resubmit 
                application.--If a State or Indian tribe does not 
                resubmit a permit revised to meet the objections of the 
                Administrator by the date that is 30 days after the 
                date of completion of a public hearing under 
                subparagraph (A) or, if such a public hearing is not 
                requested before the date that is 90 days after the 
                date of issuance of an objection of the Administrator 
                to issuance of the permit, the Administrator may issue 
                or deny the permit in accordance with this Act.
    (s) Withdrawal of Approval of State or Tribal Program and Return of 
State or Tribal Program to Administrator.--
            (1) In general.--Each State or tribal Good Samaritan 
        program approved under this Act shall be administered in 
        accordance with this Act.
            (2) Notification and withdrawal.--
                    (A) In general.--Subject to subparagraph (B), if 
                the Administrator determines, after a public hearing, 
                that a State or Indian tribe is not administering a 
                program approved under this Act in accordance with this 
                Act, the Administrator shall--
                            (i) notify the State or Indian tribe of the 
                        determination; and
                            (ii) if appropriate corrective action is 
                        not taken within a reasonable time, not to 
                        exceed 90 after the date of notification under 
                        clause (i), withdraw approval of the program.
                    (B) Notification of reasons for withdrawal.--The 
                Administrator shall not withdraw approval of a program 
                under subparagraph (A) until the Administrator notifies 
                the State or Indian tribe, and makes available to the 
                public, in writing, the reasons for the withdrawal.
    (t) Federal Land Management Agencies.--A Federal land management 
agency that provides authorization for, or participates in, a project 
authorized pursuant to this Act shall not be liable under environmental 
laws for the conduct or actions of a Good Samaritan (or any cooperating 
person).
    (u) Emergency Authority and Liability.--
            (1) Emergency authority.--Nothing in this section affects 
        the authority of a Federal, State, tribal, or local agency to 
        carry out any emergency authority, including an emergency 
        authority provided under any environmental law listed in a 
        permit.
            (2) Liability.--Except to the extent that a permit provides 
        protection under an environmental law specified in a permit in 
        accordance with subsection (g)(1)(C), nothing in this section 
        or a permit issued under this section limits the liability of 
        any person (including a permittee) under any other provision of 
        law.
    (v) State and Tribal Reclamation Programs.--No State, Indian tribe, 
or other Good Samaritan shall be required to obtain a permit pursuant 
to this Act to remediate an abandoned or inactive mine site for the 
conduct of reclamation work under a State or tribal abandoned mine 
reclamation plan approved under title IV of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).
    (w) Termination of Authority.--
            (1) Termination.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the authority to issue permits pursuant to this 
                Act shall terminate on September 30, 2016.
                    (B) Exception.--Notwithstanding subparagraph (A), a 
                permitting authority may issue a permit pursuant to 
                this Act after September 30, 2016, if the application 
                for the permit--
                            (i) was submitted not later than 180 days 
                        before that date; and
                            (ii) was completed in accordance with 
                        subsection (e) by not later than September 30, 
                        2016.
            (2) Effect on certain permits.--Any permit issued pursuant 
        to this Act before September 30, 2016, that is in effect on 
        that date (including any permit issued pursuant to paragraph 
        (1)(B)) shall remain in effect after that date in accordance 
        with--
                    (A) the terms and conditions of the permit; and
                    (B) this Act.
            (3) Completion of projects.--Each project authorized under 
        a permit issued pursuant to this Act shall be completed by the 
        later of--
                    (A) the date that is 10 years after the date of 
                enactment of this Act; and
                    (B) the date that is 4 years after the date of 
                issuance of the applicable permit.
    (x) Report to Congress.--
            (1) Preparation and submission.--Not later than January 1, 
        2016, the Administrator shall submit to the Chairpersons and 
        Ranking Members of the Committee on Environment and Public 
        Works of the Senate and the Committees on Transportation and 
        Infrastructure, Energy and Commerce, and Resources of the House 
        of Representatives a report evaluating the permit program under 
        this Act.
            (2) Inclusions.--The report under paragraph (1) shall 
        include--
                    (A) a description of--
                            (i) the number, types, and objectives of 
                        permits issued pursuant to this Act; and
                            (ii) each site remediation project 
                        authorized by those permits;
                    (B) qualitative and quantitative data on the 
                results achieved under the permits before the date of 
                issuance of the report;
                    (C) a description of--
                            (i) any problems encountered in 
                        administering this Act; and
                            (ii) whether the problems have been or can 
                        be remedied by administrative action (including 
                        amendments to existing law);
                    (D) a description of progress made in achieving the 
                purposes of this Act; and
                    (E) recommendations on whether the permit program 
                under this Act should be continued after September 30, 
                2016, including a description of any modifications 
                (including amendments to existing law) required to 
                continue administering this Act.
    (y) Regulations.--
            (1) In general.--The Administrator shall promulgate such 
        regulations as the Administrator determines to be necessary to 
        carry out this section.
            (2) Effectiveness.--This section shall be effective 
        regardless of whether regulations are promulgated by the 
        Administrator pursuant to paragraph (1).
                                                       Calendar No. 645

109th CONGRESS

  2d Session

                                S. 1848

                          [Report No. 109-351]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 27, 2006

                       Reported with an amendment
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