II 

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. 

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 ‘‘Cleanup of Inactive 

5 and Abandoned Mines Act’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the Federal Government and State govern4 ments encouraged hard rock mining in the United 

5 States through a wide variety of laws, policies, and 

6 actions; 

7 (2) the mining activities that took place dis8 turbed public and private land, and those disturb9 ances led to considerable environmental pollution; 

10 (3) many areas in which hard rock mining took 

11 place in the United States are now inactive and 

12 abandoned mine sites; 

13 (4) many inactive and abandoned mine sites 

14 pollute the environment today and will continue to 

15 do so indefinitely unless remediated; 

16 (5) adits and other tunnels will continue to 

17 drain pollutants to surface and ground water 

18 through gravity flow; 

19 (6) surface runoff will continue to pick up pol20 lutants as the runoff moves over disturbed ground 

21 and transports pollutants to surface waters; 

22 (7) tailings and other materials left exposed to 

23 the elements will continue to blow in the wind and 

24 pollute the atmosphere and soils; 


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1 (8) many of the individuals and corporate own2 ers and operators of those mines, who caused this 

3 pollution, are no longer alive or in existence; 

4 (9) some of the remaining owners and operators 

5 who remain do not have resources that are adequate 

6 to conduct remediation properly under applicable en7 vironmental laws, for all practical purposes leaving 

8 no one responsible for the cleanup of pollution from 

9 those sites; 

10 (10) inactive and abandoned mine sites are lo11 cated in areas of known economic mineralization; 

12 (11) modern mining activities often take place 

13 on or in the vicinity of the area in which historic 

14 hard rock mining activities took place; 

15 (12) from time to time, individuals and compa16 nies are willing to remediate historic mine sites for 

17 the public good as Good Samaritans, despite the fact 

18 that these individuals and companies are not legally 

19 required to remediate the mine sites; 

20 (13) Good Samaritan remediation activities 

21 may— 

22 (A) vary in size and complexity; 

23 (B) reflect the myriad ways that mine res24 idue may be cleaned up; and 

25 (C) include, among other activities— 


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1 (i) the relocation or management of 

2 tailings or other waste piles; 

3 (ii) passive or active water treatment; 

4 (iii) runoff or run-on controls; and 

5 (iv) the use or reprocessing of, or re6 moval of materials from, mine residue; 

7 (14) the potential environmental liabilities that 

8 may attach to those Good Samaritans as a result of 

9 the remediation can dissuade those Good Samaritans 

10 from acting for the public good; 

11 (15) it is in the interest of the United States, 

12 the States, and local communities to remediate his13 toric mine sites, in appropriate circumstances and to 

14 the maximum extent practicable, so that the environ15 mental impacts of the sites are lessened into the fu16 ture; and 

17 (16) if appropriate protections are provided for 

18 Good Samaritans, Good Samaritans will have a 

19 greater incentive to remediate those sites for the 

20 public good. 

21 (b) PURPOSES.—The purposes of this Act are— 

22 (1) to encourage partial or complete remedi23 ation of inactive and abandoned mining sites for the 

24 public good by persons who are not otherwise legally 

25 responsible for the remediation; 


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1 (2) to provide appropriate protections for Good 

2 Samaritans under applicable environmental laws; 

3 (3) to ensure that remediation performed by 

4 Good Samaritans creates actual and significant envi5 ronmental benefits; 

6 (4) to ensure that remediation by Good Samari7 tans is carried out— 

8 (A) with the approval and agreement, and 

9 in the discretion, of affected Federal, State, and 

10 local authorities and with review by the public; 

11 and 

12 (B) in a manner that is beneficial to the 

13 environment and all affected communities; 

14 (5) to create an efficient permit process under 

15 which the cost and complexity of obtaining a permit 

16 are commensurate with the scope of remediation 

17 work to be completed and the environmental benefits 

18 from the work; 

19 (6) to avoid permitting for ongoing, for-profit 

20 businesses that specialize in multiple Good Samari21 tan projects that are designed to be permitted out22 side otherwise applicable Federal, State, and local 

23 environmental laws; and 

24 (7) to ensure that the protections for Good Sa25 maritans provided in this Act are interpreted in acVerDate Aug 31 2005 01:57 Sep 28, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1848.RS S1848

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1 cordance with the purposes of this Act and to en2 hance the public good. 

3 SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES 

4 BY GOOD SAMARITANS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) COOPERATING AGENCY.—The term ‘‘cooper10 ating agency’’ means any Federal, State, or local 

11 agency or other person (other than the Adminis12 trator) that— 

13 (A) is authorized under Federal or State 

14 law, or local ordinance, to participate in issuing 

15 a permit under this section; and 

16 (B) elects to participate in the process of 

17 issuing the permit. 

18 (3) ENVIRONMENTAL LAW.—The term ‘‘envi19 ronmental law’’ includes— 

20 (A) the Toxic Substances Control Act (15 

21 U.S.C. 2601 et seq.); 

22 (B) the Federal Water Pollution Control 

23 Act (33 U.S.C. 1251 et seq.); 

24 (C) the Safe Drinking Water Act (42 

25 U.S.C. 300f et seq.); 


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1 (D) the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.); 

3 (E) the Solid Waste Disposal Act (42 

4 U.S.C. 6901 et seq.); 

5 (F) the Clean Air Act (42 U.S.C. 7401 et 

6 seq.); 

7 (G) the Uranium Mill Tailings Radiation 

8 Control Act of 1978 (42 U.S.C. 7901 et seq.); 

9 (H) the Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9601 et seq.); 

12 (I) applicable environmental laws of a 

13 State; and 

14 (J) applicable environmental ordinances of 

15 a political subdivision of a State. 

16 (4) GOOD SAMARITAN.—The term ‘‘Good Sa17 maritan’’ means a person that— 

18 (A) is unrelated, by operation or ownership 

19 (except solely through succession to title), to 

20 the historic mine residue to be remediated 

21 under this section; 

22 (B) had no role in the creation of the his23 toric mine residue; 


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1 (C) had no significant role in the environ2 mental pollution caused by the historic mine 

3 residue; and 

4 (D) is not liable under any Federal, State, 

5 or local law for the remediation of the historic 

6 mine residue. 

7 (5) HISTORIC MINE RESIDUE.— 

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

9 mine residue’’ means mine residue or conditions 

10 at an inactive or abandoned mine site that pol11 lute the environment. 

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

13 mine residue’’ may include, among other mate14 rials— 

15 (i) ores; 

16 (ii) minerals; 

17 (iii) equipment (or materials in equip18 ment); 

19 (iv) wastes from extractions, 

20 beneficiation, or other processing; and 

21 (v) acidic or otherwise polluted flows 

22 in surface or ground water. 

23 (6) INACTIVE OR ABANDONED MINE SITE; MINE

24 SITE.—The terms ‘‘inactive or abandoned mine site’’ 


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1 and ‘‘mine site’’ mean the site of a mine and associ2 ated facilities that— 

3 (A) were used for the production of a min4 eral other than coal; 

5 (B) have historic mine residue; and 

6 (C) are abandoned or inactive as of the 

7 date on which an application is submitted for a 

8 permit under this section. 

9 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

10 has the meaning given the term in section 4 of the 

11 Indian Self-Determination and Education Assistance 

12 Act (25 U.S.C. 450b). 

13 (8) PERSON.—The term ‘‘person’’ includes— 

14 (A) an individual; 

15 (B) a firm; 

16 (C) a corporation; 

17 (D) an association; 

18 (E) a partnership; 

19 (F) a consortium; 

20 (G) a joint venture; 

21 (H) a commercial entity; 

22 (I) a nonprofit organization; 

23 (J) the Federal Government; 

24 (K) a State; 

25 (L) a political subdivision of a State; 


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1 (M) an interstate entity; and 

2 (N) a commission. 

3 (9) STATE.—The term ‘‘State’’ means— 

4 (A) a State; and 

5 (B) an Indian tribe. 

6 (b) PERMITS.—The Administrator may issue a per7 mit to a Good Samaritan to carry out a project to reme8 diate all or part of an inactive or abandoned mine site 

9 in accordance with this section. 

10 (c) ELIGIBILITY FOR PERMITS.— 

11 (1) IN GENERAL.—To be eligible for a permit 

12 to carry out a project to remediate an inactive or 

13 abandoned mine site in a State under this section— 

14 (A) the mine site shall be located in the 

15 United States; 

16 (B) the principal purpose of the project 

17 shall be the reduction of pollution caused by 

18 historic mine residue; 

19 (C) the mine site may not be a mine site 

20 included on the national priorities list under 

21 section 105(a)(8)(B) of the Comprehensive En22 vironmental Response, Compensation, and Li23 ability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) 

24 except in a case in which the Administrator de25 termines, on a case-by-case basis, that— 


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1 (i) the remediation project proposed 

2 to be carried out at the mine site is minor 

3 as compared to all remediation activity 

4 needed at the listed mine site; 

5 (ii) the conduct of the proposed reme6 diation project at the listed mine site will 

7 not interfere with any other remediation at 

8 the mine site that is reasonably likely to 

9 occur; and 

10 (iii) except for the remediation project 

11 proposed by the Good Samaritan at the 

12 mine site under this Act, there is not likely 

13 to be remediation of the historic mine res14 idue that is the subject of the project at 

15 the listed mine site in the reasonably fore16 seeable future; 

17 (D) the permit shall authorize only those 

18 activities that are directly required for the re19 mediation of historic mine residue at the mine 

20 site; 

21 (E) the person obtaining the permit shall 

22 be a Good Samaritan; and 

23 (F) a State remediation program described 

24 in subsection (d) shall be in effect for remedi25 ation of the mine site. 


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1 (2) OTHER ACTIVITIES.—Any activity other 

2 than the activities described in paragraph (1)(D) 

3 conducted by the permittee or any other person at 

4 the mine site (including, without limitation, any 

5 mining or processing in addition to that required for 

6 the remediation of historic mine residue for the pub7 lic good)— 

8 (A) shall not be authorized under a permit 

9 issued under this section; and 

10 (B) may be authorized under other appli11 cable laws, including environmental laws. 

12 (d) STATE REMEDIATION PROGRAM.— 

13 (1) IN GENERAL.—Before a permit may be 

14 issued to carry out a project in a State under this 

15 section, the State shall have in effect a State reme16 diation program that meets the requirements of this 

17 subsection. 

18 (2) REQUIREMENTS.—To meet the require19 ments of this subsection, under the State remedi20 ation program, the State shall— 

21 (A) agree to participate, as a signatory, in 

22 each project for a which a permit for remedi23 ation in the State is issued under this section; 

24 (B) agree that a permittee shall comply 

25 with the terms and conditions of the permit in 


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1 lieu of compliance with applicable environ2 mental laws specifically described in the permit 

3 in accordance with subsection (h)(1)(B); 

4 (C) authorize State agencies and political 

5 subdivisions of the State to participate in the 

6 permit process under this section, as appro7 priate, and assist in providing the resources to 

8 enable that participation; and 

9 (D) designate a lead State agency that is 

10 responsible to carry out permitting responsibil11 ities of the State under this section. 

12 (e) APPLICATION FOR PERMITS.—To obtain a permit 

13 to carry out a project to remediate an inactive or aban14 doned mine site under this section, an applicant shall sub15 mit to the Administrator an application, signed by the ap16 plicant, that provides— 

17 (1) a description of the mine site (including the 

18 boundaries of the mine site); 

19 (2) an identification of— 

20 (A) any current owner or operator of the 

21 mine site; and 

22 (B) any person with a legal right to ex23 clude other persons from the mine site or affect 

24 activities on the mine site, with a description of 

25 those legal rights; 


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1 (3) evidence satisfactory to the Administrator 

2 that the applicant has or will acquire all legal rights 

3 necessary to enter the mine site and to perform the 

4 remediation described in the application; 

5 (4) a description, based on the conduct of an 

6 inquiry that is reasonable under the circumstances, 

7 of— 

8 (A) all persons that may be legally respon9 sible for the remediation of the mine site; and 

10 (B) any relationship between those persons 

11 and the applicant; 

12 (5) a certification that the applicant knows of 

13 no other person that (as of the date of submission 

14 of the application)— 

15 (A) is potentially legally responsible for the 

16 remediation of the mine site; and 

17 (B) has sufficient resources to complete 

18 the remediation; 

19 (6) a detailed description of the historic mine 

20 residue to be remediated; 

21 (7) a description of the baseline conditions (as 

22 of the date of submission of the application) of the 

23 environment affected by the historic mine residue to 

24 be remediated; 

25 (8) a description of— 


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1 (A) the nature and scope of the proposed 

2 remediation; and 

3 (B) detailed engineering plans for the 

4 project; 

5 (9) a description of the manner in which the re6 mediation will assist the mine site in meeting, to the 

7 maximum extent reasonable and practicable under 

8 the circumstances, water quality standards; 

9 (10) a schedule for the work to be carried out 

10 under the project; 

11 (11) a budget for the work to be carried out 

12 under the project; 

13 (12) a description of financial assurances, if 

14 any, to be provided by the permittee to ensure that 

15 the permitted work, including any operation and 

16 maintenance, will be completed; 

17 (13) a description of a monitoring program fol18 lowing remediation (if any) that will be implemented 

19 to evaluate the effects of the remediation on the en20 vironment; 

21 (14) a detailed plan for the required operation 

22 and maintenance of any remediation; and 

23 (15) a list of all environmental laws for which 

24 the applicant seeks the protection described in para25 graphs (1) and (2) of subsection (g). 


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1 (f) PERMIT ISSUANCE.— 

2 (1) IN GENERAL.—The Administrator may 

3 issue a permit under this section to carry out a 

4 project for the remediation of an inactive or aban5 doned mine site in a State only if— 

6 (A) the Administrator determines that— 

7 (i) the project will improve the envi8 ronment on or in the area of the mine site 

9 to a significant degree, as determined by 

10 the Administrator; 

11 (ii) the project will not degrade any 

12 aspect of the environment in any area to a 

13 significant degree; 

14 (iii) the project will meet applicable 

15 water quality standards, to the maximum 

16 extent reasonable and practicable under 

17 the circumstances; 

18 (iv) the permittee has the financial 

19 and other resources to complete, and will 

20 complete, the permitted work; and 

21 (v) the project meets the requirements 

22 of this section; 

23 (B) the State concurs with the issuance of, 

24 and signs, the permit; 


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1 (C) if the permit provides protection for 

2 the permittee under an environmental law of a 

3 political subdivision of a State in accordance 

4 with paragraphs (1) and (2) of subsection (g), 

5 the political subdivision concurs with the 

6 issuance of, and signs, the permit; and 

7 (D) if the proposed project is to be carried 

8 out on Federal land, each State (or political 

9 subdivision) within which the Federal land is lo10 cated meets the requirements of subparagraphs 

11 (B) and (C). 

12 (2) DISCRETIONARY ACTIONS.—The issuance of 

13 a permit by the Administrator, and the concurrence 

14 of the affected State and political subdivisions of a 

15 State to participate in the permit process, shall be 

16 discretionary actions and shall be taken in the public 

17 interest. 

18 (3) FUNCTIONAL EQUIVALENCY.—No action of 

19 the Administrator or any other person pursuant to 

20 this section shall constitute a major Federal action 

21 significantly affecting the quality of the human envi22 ronment under the National Environmental Policy 

23 Act (42 U.S.C. 4321 et seq.). 

24 (4) DEADLINE.— 


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1 (A) IN GENERAL.—The Administrator 

2 shall issue or deny a permit for the remediation 

3 of a mine site not later than— 

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

5 date of receipt by the Administrator of an 

6 application for the permit that, as deter7 mined by the Administrator, is complete; 

8 or 

9 (ii) such later date as may be deter10 mined by the Administrator with the 

11 agreement of the applicant. 

12 (B) CONSTRUCTIVE DENIAL.—If the Ad13 ministrator fails to issue or deny the permit in 

14 accordance with subparagraph (A), the applica15 tion shall be considered to be denied by the Ad16 ministrator. 

17 (5) REVIEW FOR CERTAIN PROJECTS.—A 

18 project that, as determined by the Administrator, 

19 would be less complex, or pose less risk, than other 

20 projects under review by the Administrator for a 

21 permit under this section, may be reviewed, at the 

22 discretion of the Administrator, under a more simple 

23 and rapid review process under this subsection. 

24 (g) EFFECT OF PERMITS.— 


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1 (1) IN GENERAL.—A permit issued under this 

2 section to carry out a project for the remediation of 

3 an inactive or abandoned mine site— 

4 (A) authorizes the permittee to carry out 

5 the activities described in the permit; 

6 (B) authorizes enforcement under this sec7 tion; and 

8 (C) provides to the permittee, in carrying 

9 out the activities authorized under the permit, 

10 protection from actions taken, obligations, and 

11 liabilities arising under the environmental laws 

12 specified in the permit. 

13 (2) CROSS-COMPLIANCE.—A permittee shall 

14 comply with the terms and conditions of a permit 

15 issued under this section in lieu of compliance with 

16 the environmental laws specified in the permit with 

17 respect to the work authorized under the permit. 

18 (h) CONTENT OF PERMITS.— 

19 (1) IN GENERAL.—A permit issued under this 

20 section shall contain— 

21 (A) a detailed description of the engineer22 ing and other work that is authorized under the 

23 permit; 

24 (B) a specific list of environmental laws, or 

25 selected provisions of environmental laws, with 


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1 respect to which compliance with the permit will 

2 operate in lieu of compliance with the laws; 

3 (C) a provision that states that the per4 mittee is responsible for securing, for all activi5 ties authorized under the permit, all authoriza6 tions, licenses, and permits that are required 

7 under applicable law, other than the environ8 mental laws described in subsection (g)(2); and 

9 (D) any other terms and conditions that 

10 are determined to be appropriate by the Admin11 istrator. 

12 (2) INVESTIGATIVE SAMPLING.— 

13 (A) IN GENERAL.—A permit may identify 

14 an appropriate program of investigative sam15 pling to be completed prior to remediation, as 

16 determined by the Administrator upon applica17 tion. 

18 (B) OPTION TO DECLINE REMEDIATION.— 

19 In the event that investigative sampling is au20 thorized, the permit may allow the permittee to 

21 decline to undertake remediation based upon 

22 sampling results. 

23 (C) PERMIT MODIFICATION.—Based upon 

24 sampling results, a permittee may apply for a 


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1 permit modification using the permit proce2 dures in this Act. 

3 (3) TIMING.—Work authorized under a permit 

4 shall— 

5 (A) commence not later than the date that 

6 is 18 months after the date of issuance of the 

7 permit; and 

8 (B) continue until completed, with tem9 porary suspensions permitted during adverse 

10 weather or other conditions specified in the per11 mit. 

12 (4) SIGNATURE BY PERMITTEE.—The signature 

13 of the permittee on the permit shall be considered to 

14 be an acknowledgment by the permittee that the 

15 permittee accepts the terms and conditions of the 

16 permit. 

17 (5) TRANSFER OF PERMITS.—A permit may be 

18 transferred to another person only if— 

19 (A) the Administrator determines that the 

20 transferee will satisfy all of the requirements of 

21 the permit; 

22 (B) the transferee signs the permit; and 

23 (C) the Administrator includes in the 

24 transferred permit any additional conditions 

25 necessary to meet the goals of this section. 


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1 (6) TERMINATION OF PERMIT.—The authority 

2 to carry out work under a permit issued under this 

3 section shall terminate if the work does not com4 mence by the date that is 18 months after the date 

5 of issuance of the permit. 

6 (i) ROLE OF ADMINISTRATOR.—In carrying out this 

7 section, the Administrator shall— 

8 (1) consult with prospective applicants; 

9 (2) accept permit applications under this sec10 tion; 

11 (3) convene, coordinate, and lead the applica12 tion review process; 

13 (4) maintain all records relating to the permit 

14 and the permit process; 

15 (5) provide an opportunity for cooperating 

16 agencies and the public to participate in the permit 

17 process; 

18 (6) issue the permit under this section, if ap19 propriate; and 

20 (7) enforce and otherwise carry out this section. 

21 (j) COOPERATING AGENCIES.—If the Administrator 

22 learns that an application for the remediation of a mine 

23 site under this section will be submitted to the Adminis24 trator, the Administrator shall (as soon as practicable) 

25 provide a notice of the application to— 


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1 (1) the lead State agency designated under sub2 section (d)(2)(D); 

3 (2) each local government located within a ra4 dius of 20 miles of the mine site; and 

5 (3) each Federal and State agency that may 

6 have an interest in the application. 

7 (k) PUBLIC PARTICIPATION.— 

8 (1) POTENTIAL SUBMISSION OF APPLICA9 TIONS.—If the Administrator learns that an applica10 tion for the remediation of a mine site under this 

11 section will be submitted to the Administrator, the 

12 Administrator shall (as soon as practicable) provide 

13 to the public a notice that describes— 

14 (A) the location of the mine site; 

15 (B) the scope and nature of the proposed 

16 remediation; and 

17 (C) the name of the Good Samaritan that 

18 will be carrying out the proposed remediation. 

19 (2) RECEIPT OF APPLICATION.—If the Admin20 istrator receives an application for the remediation 

21 of a mine site under this section, the Administrator 

22 shall (as soon as practicable) provide to the public 

23 a notice that provides the information described in 

24 paragraph (1). 

25 (3) HEARING.— 


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1 (A) IN GENERAL.—Not later than 45 days 

2 after the date of receipt of a complete applica3 tion for the remediation of a mine site under 

4 this section, the Administrator shall hold a 

5 hearing in the vicinity of the mine site to be re6 mediated. 

7 (B) COMMENTS.—At the hearing, the Ad8 ministrator shall provide the applicant, the pub9 lic, and cooperating agencies with the oppor10 tunity to comment on the application. 

11 (4) NOTICE OF PENDING ISSUANCE.—Not less 

12 than 14 days before the date of issuance of a permit 

13 for the remediation of a mine site under this section, 

14 the Administrator shall provide to the public and 

15 each cooperating agency notice of the pending 

16 issuance of the permit. 

17 (5) PUBLIC RECORDS.—All records relating to 

18 the permit and the permit process shall be consid19 ered to be public records, except to the extent the 

20 records are subject to a legal privilege. 

21 (l) MONITORING.— 

22 (1) IN GENERAL.—The permittee shall take 

23 such actions as the Administrator determines are 

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1 mediation monitoring of the environment under 

2 paragraphs (7) and (13) of subsection (e). 

3 (2) ADMINISTRATION.—When selecting the type 

4 and frequency of the monitoring requirements to be 

5 included in a permit, if any, the Administrator 

6 shall— 

7 (A) balance the need for monitored infor8 mation against the cost of the monitoring, 

9 based on the circumstances relating to the re10 mediation; and 

11 (B) take into account the scope of the 

12 project. 

13 (3) MULTIPARTY MONITORING.—The Adminis14 trator may approve in a permit the conduct of moni15 toring by multiple parties if, as determined by the 

16 Administrator, the multiparty monitoring will effec17 tively accomplish the goals of this section. 

18 (m) ENFORCEMENT.— 

19 (1) CIVIL PENALTY.—Any person who violates 

20 a permit issued under this section shall be subject 

21 to a civil penalty of up to $10,000 for each day of 

22 the violation. 

23 (2) INJUNCTIONS.— 

24 (A) IN GENERAL.—A court may issue an 

25 injunction— 


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1 (i) mandating that a person comply 

2 with a permit or take action to abate a 

3 permit violation; or 

4 (ii) prohibiting a person from vio5 lating a permit. 

6 (B) MINIMUM REQUIREMENT.—In the 

7 event of a permit violation, and absent extraor8 dinary circumstances, the court shall, at a min9 imum, require— 

10 (i) the permittee to repair the damage 

11 to any part of the environment that is 

12 caused by an action of the permittee in vio13 lation of the permit; and 

14 (ii) the environment to be restored to 

15 the condition of the environment prior to 

16 the action of the permittee in violation of 

17 the permit. 

18 (3) AGENCIES.—Any government agency that 

19 signs a permit issued under this section may enforce 

20 the permit through appropriate administrative or ju21 dicial proceedings. 

22 (n) JUDICIAL REVIEW.—A court may set aside or 

23 modify an action of the Administrator in issuing a permit 

24 under this section, or an action of a State or political subVerDate Aug 31 2005 01:57 Sep 28, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\S1848.RS S1848

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1 division of a State in signing a permit, only on clear and 

2 convincing evidence of an abuse of discretion. 

3 (o) SAVINGS PROVISIONS.— 

4 (1) EMERGENCY AUTHORITY.—Nothing in this 

5 section affects the authority of a Federal, State, or 

6 local agency to carry out any emergency authority, 

7 including an emergency authority provided under 

8 any environmental law listed in a permit. 

9 (2) LIABILITY.—Except to the extent that a 

10 permit provides protection under an environmental 

11 law specified in a permit in accordance with sub12 section (g)(1)(C), nothing in this section or a permit 

13 issued under this section limits the liability of any 

14 person (including a permittee) under any other pro15 vision of law. 

16 (p) REGULATIONS.— 

17 (1) IN GENERAL.—The Administrator may pro18 mulgate such regulations as are necessary to carry 

19 out this section. 

20 (2) EFFECTIVENESS.—This section shall be ef21 fective regardless of whether regulations are promul22 gated by the Administrator under paragraph (1). 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Cleanup of Inactive and 

25 Abandoned Mines Act’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the Federal Government and State govern4 ments encouraged hard rock mining in the United 

5 States through a wide variety of laws, policies, and 

6 actions; 

7 (2) mining operations produce metals and min8 erals with important social benefits and values; 

9 (3) many areas in which historic mining took 

10 place in the United States are now inactive and 

11 abandoned mine sites; 

12 (4) the mining activities that took place prior to 

13 the enactment of modern environmental laws often 

14 disturbed public and private land, and those disturb15 ances lead to environmental pollution, including the 

16 discharge of pollutants to surface water and ground17 water; 

18 (5) many of the individuals and corporate own19 ers and operators of those mines, the actions of which 

20 caused that pollution, are no longer alive or in exist21 ence; 

22 (6) many of those mine sites have polluted the 

23 environment for more than a century and will con24 tinue to do so indefinitely unless remediated; 


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1 (7) unabated discharges from inactive and aban2 doned mines will continue to pollute surface water, 

3 groundwater, and soils; 

4 (8) many of the streams and waterbodies im5 pacted by acid mine drainage are important re6 sources for fish and wildlife, recreation, drinking 

7 water, agriculture, and other public purposes; 

8 (9) because some of the remaining owners and 

9 operators of mine sites do not have resources that are 

10 adequate to conduct remediation properly under ap11 plicable environmental laws, for all practical pur12 poses, no person is responsible for the cleanup of pol13 lution from those sites; 

14 (10) from time to time, individuals and compa15 nies are willing to remediate historic mine sites for 

16 the public good as Good Samaritans, despite the fact 

17 that those individuals and companies are not legally 

18 required to remediate the mine sites; 

19 (11) Good Samaritan remediation activities 

20 may— 

21 (A) vary in size and complexity; 

22 (B) reflect the myriad methods in which 

23 mine residue may be cleaned up; and 

24 (C) include, among other activities— 


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1 (i) the relocation or management of 

2 tailings or other waste piles; 

3 (ii) passive or active water treatment; 

4 (iii) runoff or run-on controls; and 

5 (iv) the use or reprocessing of, or re6 moval of materials from, mine residue; 

7 (12) the potential environmental liabilities that 

8 may attach to Good Samaritans as a result of the re9 mediation can dissuade potential Good Samaritans 

10 from acting for the public good; 

11 (13) it is in the interest of the United States, the 

12 States, and local communities to remediate historic 

13 mine sites, in appropriate circumstances and to the 

14 maximum extent practicable, so that detrimental en15 vironmental impacts of the sites are lessened in the 

16 future; and 

17 (14) if appropriate protections are provided for 

18 Good Samaritans, Good Samaritans will have a 

19 greater incentive to remediate those sites for the pub20 lic good. 

21 (b) PURPOSES.—The purposes of this Act are— 

22 (1) to encourage partial or complete remediation 

23 of inactive and abandoned mine sites for the public 

24 good by persons that are not otherwise legally respon25 sible for the remediation; 


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1 (2) to provide appropriate protections for Good 

2 Samaritans under applicable environmental laws; 

3 (3) to ensure that remediation performed by 

4 Good Samaritans creates actual and significant envi5 ronmental benefits; 

6 (4) to ensure that remediation by Good Samari7 tans is carried out— 

8 (A) with the approval and agreement, and 

9 in the discretion, of affected Federal, State, and 

10 local authorities and with review by the public; 

11 and 

12 (B) in a manner that is beneficial to the en13 vironment and all affected communities; 

14 (5) to create an efficient permit process under 

15 which the cost and complexity of obtaining a permit 

16 are commensurate with the scope of remediation work 

17 to be completed and the environmental benefits from 

18 the work; 

19 (6) to avoid permitting for ongoing, for-profit 

20 businesses that specialize in multiple Good Samari21 tan projects that are designed to be permitted outside 

22 otherwise applicable Federal, State, and local envi23 ronmental laws; 

24 (7) to ensure that the protections for Good Sa25 maritans provided in this Act are interpreted in acVerDate Aug 31 2005 01:57 Sep 28, 2006 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\S1848.RS S1848

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1 cordance with the purposes of this Act and to enhance 

2 the public good; and 

3 (8) to further innovation and cooperation among 

4 the Federal Government, State governments, private 

5 individuals, and corporations to accelerate conserva6 tion and environmental restoration. 

7 SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES 

8 BY GOOD SAMARITANS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Environ12 mental Protection Agency. 

13 (2) COOPERATING AGENCY.—The term ‘‘cooper14 ating agency’’ means any Federal, State, tribal, or 

15 local agency or other person (other than the Adminis16 trator) that— 

17 (A) is authorized under Federal or State 

18 law, tribal, or local ordinance, to participate in 

19 issuing a permit under this section; and 

20 (B) elects to participate in the process of 

21 issuing the permit. 

22 (3) ENVIRONMENTAL LAW.—The term ‘‘environ23 mental law’’ includes— 

24 (A) the Toxic Substances Control Act (15 

25 U.S.C. 2601 et seq.); 


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1 (B) the Federal Water Pollution Control Act 

2 (33 U.S.C. 1251 et seq.); 

3 (C) the Solid Waste Disposal Act (42 U.S.C. 

4 6901 et seq.); 

5 (D) the Comprehensive Environmental Re6 sponse, Compensation, and Liability Act of 1980 

7 (42 U.S.C. 9601 et seq.); 

8 (E) applicable environmental laws of a 

9 State or Indian tribe; and 

10 (F) applicable environmental ordinances of 

11 a political subdivision of a State or Indian tribe. 

12 (4) GOOD SAMARITAN.—The term ‘‘Good Samar13 itan’’ means a person that, with respect to historic 

14 mine residue— 

15 (A) had no role in the creation of the his16 toric mine residue; 

17 (B) had no role in creating the environ18 mental pollution caused by the historic mine res19 idue; and 

20 (C) is not liable under any Federal, State, 

21 tribal, or local law for the remediation of the his22 toric mine residue. 

23 (5) HISTORIC MINE RESIDUE.— 

24 (A) IN GENERAL.—The term ‘‘historic mine 

25 residue’’ means mine residue or conditions at an 


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1 inactive or abandoned mine site that pollute the 

2 environment. 

3 (B) INCLUSIONS.—The term ‘‘historic mine 

4 residue’’ includes, among other materials— 

5 (i) previously mined ores and minerals 

6 that directly contribute to acid mine drain7 age or other pollution; 

8 (ii) equipment (or materials in equip9 ment); 

10 (iii) wastes or materials from extrac11 tions, beneficiation, or other processing; and 

12 (iv) acidic or otherwise polluted flows 

13 in surface water or groundwater. 

14 (6) INACTIVE OR ABANDONED MINE SITE; MINE

15 SITE.—The terms ‘‘inactive or abandoned mine site’’ 

16 and ‘‘mine site’’ mean the site of a mine and associ17 ated facilities that— 

18 (A) were used for the production of a min19 eral other than coal; 

20 (B) have historic mine residue; and 

21 (C) are abandoned or inactive as of the date 

22 on which an application is submitted for a per23 mit under this section. 

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

25 the meaning given the term in section 4 of the Indian 


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1 Self-Determination and Education Assistance Act (25 

2 U.S.C. 450b). 

3 (8) PERMITTING AUTHORITY.—The term ‘‘per4 mitting authority’’ means— 

5 (A) the Administrator; or 

6 (B) a State or Indian tribe with a Good 

7 Samaritan program approved under subsection 

8 (d). 

9 (9) PERSON.—The term ‘‘person’’ includes— 

10 (A) an individual; 

11 (B) a firm; 

12 (C) a corporation; 

13 (D) an association; 

14 (E) a partnership; 

15 (F) a consortium; 

16 (G) a joint venture; 

17 (H) a commercial entity; 

18 (I) a nonprofit organization; 

19 (J) the Federal Government; 

20 (K) a State; 

21 (L) a political subdivision of a State; 

22 (M) an interstate entity; 

23 (N) a commission; and 

24 (O) an Indian tribe. 


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1 (b) PERMITS.—The permitting authority may issue a 

2 permit to a Good Samaritan to carry out a project to reme3 diate all or part of an inactive or abandoned mine site in 

4 accordance with this section. 

5 (c) ELIGIBILITY FOR PERMITS.— 

6 (1) IN GENERAL.—To be eligible for a permit to 

7 carry out a project to remediate an inactive or aban8 doned mine site under this section— 

9 (A) the mine site shall be located in the 

10 United States; 

11 (B) the principal purpose of the project 

12 shall be the reduction of pollution caused by his13 toric mine residue; 

14 (C) the mine site may not be a mine site in15 cluded on the national priorities list under sec16 tion 105(a)(8)(B) of the Comprehensive Environ17 mental Response, Compensation, and Liability 

18 Act of 1980 (42 U.S.C. 9605(a)(8)(B)); 

19 (D) the permit shall authorize only those 

20 activities that are directly required for the reme21 diation of historic mine residue at the mine site; 

22 (E) the person obtaining the permit shall be 

23 a Good Samaritan; and 


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1 (F) a State or tribal program described in 

2 paragraph (1) or (3) of subsection (d) shall be in 

3 effect for remediation of the mine site. 

4 (2) OTHER ACTIVITIES.—Any activity other than 

5 the activities described in paragraph (1)(D) con6 ducted by the permittee or any other person at the 

7 mine site (including, without limitation, any mining 

8 or processing in addition to that required for the re9 mediation of historic mine residue for the public 

10 good)— 

11 (A) shall not be authorized under a permit 

12 issued under this section; and 

13 (B) may be authorized under other applica14 ble laws, including environmental laws. 

15 (d) STATE OR TRIBAL PROGRAM.— 

16 (1) PROGRAM.— 

17 (A) IN GENERAL.—Before a permit may be 

18 issued by a State or Indian tribe to carry out 

19 a project under this Act, the State or Indian 

20 tribe shall have in effect a voluntary Good Sa21 maritan program approved by the Adminis22 trator. 

23 (B) APPLICATION.— 

24 (i) IN GENERAL.—The Governor of any 

25 State, or the head of the governing body of 


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•S 1848 RS

1 an Indian tribe, may submit to the Admin2 istrator, at any time, an application to ad3 minister a Good Samaritan program for 

4 activities under the jurisdiction of the State 

5 or Indian tribe. 

6 (ii) REQUIREMENTS.—An application 

7 submitted under clause (i) shall include— 

8 (I) a complete and detailed de9 scription of the permit program pro10 posed to be administered under State 

11 or tribal law; and 

12 (II) a statement from the State 

13 attorney general or an equivalent trib14 al official that the laws of the State or 

15 Indian tribe provide adequate author16 ity to carry out the proposed program. 

17 (iii) APPROVAL OR DISAPPROVAL.— 

18 The Administrator shall approve an appli19 cation received under clause (i) not later 

20 than 120 days after the date of receipt of 

21 the application unless the Administrator de22 termines that the applicable State or Indian 

23 tribe does not meet the requirements de24 scribed in paragraph (2). 


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1 (2) REQUIREMENTS.—A State or Indian tribe 

2 that seeks to administer a Good Samaritan program 

3 shall— 

4 (A) agree to participate as a permit signa5 tory in the issuance of permits for each project 

6 for which a State or tribal permit for remedi7 ation in the State or relevant area under the ju8 risdiction of the Indian tribe is issued under this 

9 section; 

10 (B) designate a lead State or tribal agency 

11 that is responsible for carrying out permitting 

12 responsibilities of the State or Indian tribe 

13 under this section; 

14 (C) provide an opportunity for judicial re15 view in State court, or by the tribal body that 

16 exercises judicial functions of an Indian tribe, of 

17 the final decision by the State or Indian tribe 

18 which approves or denies a permit application 

19 under this Act in accordance with the standard 

20 described in subsection (p); 

21 (D) possess legal authority to implement a 

22 Good Samaritan program with program ele23 ments consistent with those described in this Act, 

24 including State or tribal enforcement authorities; 


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•S 1848 RS

1 (E) agree to carry out the program in ac2 cordance with this Act (except that a State or 

3 Indian tribe shall not be precluded from omit4 ting or modifying any program element for the 

5 purpose of imposing requirements that are more 

6 protective of the environment); and 

7 (F) provide for and encourage public par8 ticipation in the permitting process. 

9 (3) STATES AND INDIAN TRIBES WITHOUT GOOD

10 SAMARITAN PROGRAMS.—In the case of a State or In11 dian tribe without a Good Samaritan program ap12 proved under subsection (d), the Administrator shall 

13 issue permits for Good Samaritan projects if the 

14 State or Indian tribe— 

15 (A) agrees to participate as a permit signa16 tory in the issuance of permits for each project 

17 for which a permit for remediation in the State 

18 or on that tribal land is issued under this sec19 tion; 

20 (B) agrees that a permittee shall comply 

21 with the terms and conditions of the permit in 

22 lieu of compliance with applicable environmental 

23 laws specifically described in the permit in ac24 cordance with subsection (h)(1)(B); 


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1 (C) authorizes State or tribal agencies and 

2 political subdivisions of the State or Indian tribe 

3 to participate in the permit process under this 

4 section, as appropriate, and assist in providing 

5 the resources to enable that participation; and 

6 (D) designates a lead State or tribal agency 

7 that is responsible to carry out permitting re8 sponsibilities of the State or Indian tribe under 

9 this section. 

10 (e) APPLICATION FOR PERMITS.—To obtain a permit 

11 to carry out a project to remediate an inactive or aban12 doned mine site under this section, an applicant shall sub13 mit to the permitting authority an application, signed by 

14 the applicant, that provides— 

15 (1) a description of the mine site (including the 

16 boundaries of the mine site); 

17 (2) an identification of— 

18 (A) any current owner or operator of the 

19 mine site; and 

20 (B) any person with a legal right to exclude 

21 other persons from the mine site or affect activi22 ties on the mine site, with a description of those 

23 legal rights; 

24 (3) evidence satisfactory to the permitting au25 thority that the applicant has or will acquire all legal 


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•S 1848 RS

1 rights necessary to enter the mine site and to perform 

2 the remediation described in the application; 

3 (4) a description, based on the conduct of an in4 quiry that is reasonable under the circumstances, of— 

5 (A) prior owners and operators of the site 

6 (including the current location or business oper7 ations of those owners and operators); 

8 (B) the mining activities that occurred at 

9 the site; and 

10 (C) any relationship between those persons 

11 and the applicant; 

12 (5) a certification that the applicant knows of no 

13 other person that (as of the date of submission of the 

14 application)— 

15 (A) is responsible for the remediation of the 

16 mine site; and 

17 (B) has sufficient resources to complete the 

18 remediation; 

19 (6) a detailed description of the historic mine 

20 residue to be remediated; 

21 (7) a description of the baseline conditions (as of 

22 the date of submission of the application) of the envi23 ronment affected by the historic mine residue to be re24 mediated; 

25 (8) a description of— 


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•S 1848 RS

1 (A) the nature and scope of the proposed re2 mediation; and 

3 (B) detailed engineering plans for the 

4 project; 

5 (9) a description of the manner in which the re6 mediation will assist the mine site in meeting, to the 

7 maximum extent reasonable and practicable under 

8 the circumstances, water quality standards; 

9 (10) an identification, based on an inquiry that 

10 is reasonable under the circumstances, of any signifi11 cant adverse effects on the environment that could 

12 reasonably be likely to occur if the permittee fails to 

13 properly implement the proposed remediation in ac14 cordance with the engineering plans; 

15 (11) a schedule for the work to be carried out 

16 under the project; 

17 (12) a budget for the work to be carried out 

18 under the project; 

19 (13) a description of financial assurances, if 

20 any, to be provided by the permittee to ensure that 

21 the permitted work, including any operation and 

22 maintenance, will be completed; 

23 (14) a description of a monitoring program fol24 lowing remediation (if any) that will be implemented 


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•S 1848 RS

1 to evaluate the effects of the remediation on the envi2 ronment; 

3 (15) a detailed plan for the required operation 

4 and maintenance of any remediation; and 

5 (16) a list of all environmental laws for which 

6 the applicant seeks the protection described in para7 graphs (1) and (2) of subsection (g). 

8 (f) PERMIT ISSUANCE.— 

9 (1) IN GENERAL.—The permitting authority 

10 may issue a permit under this section to carry out 

11 a project for the remediation of an inactive or aban12 doned mine site only if— 

13 (A) the permitting authority determines 

14 that— 

15 (i) the project will improve the envi16 ronment on or in the area of the mine site 

17 to a significant degree, as determined by the 

18 permitting authority; 

19 (ii) the project will meet applicable 

20 water quality standards, to the maximum 

21 extent reasonable and practicable under the 

22 circumstances; 

23 (iii) the permittee has the financial 

24 and other resources to complete, and will 

25 complete, the permitted work; 


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•S 1848 RS

1 (iv) the permittee has the financial 

2 and other resources to address any contin3 gencies identified in the permit application 

4 pursuant to subsection (e)(10) (except that 

5 the permitting authority may waive the re6 quirements of this clause with respect to a 

7 project that has a budget of less than 

8 $300,000); 

9 (v) the project meets the requirements 

10 of this section; 

11 (B) with respect to a State or Indian tribe 

12 without a Good Samaritan program approved 

13 under subsection (d), the State or Indian tribe 

14 concurs with the issuance of, and signs, the per15 mit; 

16 (C) if the permit provides protection for the 

17 permittee under an environmental law of a po18 litical subdivision of a State or Indian tribe in 

19 accordance with paragraphs (1) and (2) of sub20 section (g), the political subdivision concurs with 

21 the issuance of, and signs, the permit; and 

22 (D) if the proposed project is to be carried 

23 out on Federal land, each State or Indian tribe 

24 (or political subdivision of the State or Indian 

25 tribe) within which the Federal land is located 


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•S 1848 RS

1 meets the requirements of subparagraphs (B) and 

2 (C). 

3 (2) DISCRETIONARY ACTIONS.—The issuance of a 

4 permit by the permitting authority, and the concur5 rence of the affected State or Indian tribe (and polit6 ical subdivisions of the State or Indian tribe) to par7 ticipate in the permit process, shall be discretionary 

8 actions and shall be taken in the public interest. 

9 (3) COMPLIANCE WITH NEPA.—No action of a 

10 permitting authority or any other person under this 

11 section shall be required to comply with section 102 

12 of the National Environmental Policy Act of 1969 (42 

13 U.S.C. 4332). 

14 (4) DEADLINE.— 

15 (A) IN GENERAL.—The permitting author16 ity shall issue or deny a permit for the remedi17 ation of a mine site not later than— 

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

19 date of receipt by the permitting authority 

20 of an application for the permit that, as de21 termined by the permitting authority, is 

22 complete; or 

23 (ii) such later date as may be deter24 mined by the permitting authority with the 

25 agreement of the applicant. 


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•S 1848 RS

1 (B) CONSTRUCTIVE DENIAL.—If the permit2 ting authority fails to issue or deny the permit 

3 in accordance with subparagraph (A), the appli4 cation shall be considered to be denied by the 

5 permitting authority. 

6 (5) REVIEW FOR CERTAIN PROJECTS.—A project 

7 that, as determined by the permitting authority, 

8 would be less complex, or pose less risk, than other 

9 projects under review by the permitting authority for 

10 a permit under this section, may be reviewed, at the 

11 discretion of the permitting authority, under a more 

12 simple and rapid review process (including the con13 duct of a public hearing upon request by an interested 

14 person) under this subsection. 

15 (g) EFFECT OF PERMITS.— 

16 (1) IN GENERAL.—A permit issued under this 

17 section to carry out a project for the remediation of 

18 an inactive or abandoned mine site— 

19 (A) authorizes the permittee to carry out the 

20 activities described in the permit; 

21 (B) authorizes enforcement under this sec22 tion; and 

23 (C) provides to the permittee, in carrying 

24 out the activities authorized under the permit, 

25 protection from actions taken, obligations, and 


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•S 1848 RS

1 liabilities arising under the environmental laws 

2 specified in the permit. 

3 (2) CROSS-COMPLIANCE.—A permittee shall com4 ply with the terms and conditions of a permit issued 

5 under this section in lieu of compliance with the envi6 ronmental laws specified in the permit with respect to 

7 the work authorized under the permit. 

8 (3) OFF-SITE DISPOSAL.—A permit issued pur9 suant to this Act shall not relieve the permittee of the 

10 obligation to comply with any applicable provision of 

11 the Toxic Substances Control Act (15 U.S.C. 2601 et 

12 seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 

13 et seq.) relating to the off-site disposal of any waste 

14 or material removed from the applicable inactive or 

15 abandoned mine site. 

16 (h) CONTENT OF PERMITS.— 

17 (1) IN GENERAL.—A permit issued under this 

18 section shall contain— 

19 (A) a detailed description of the engineering 

20 and other work that is authorized under the per21 mit; 

22 (B) a specific list of environmental laws, or 

23 selected provisions of environmental laws, with 

24 respect to which compliance with the permit will 

25 operate in lieu of compliance with the laws; 


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•S 1848 RS

1 (C) a provision that states that the per2 mittee is responsible for securing, for all activi3 ties authorized under the permit, all authoriza4 tions, licenses, and permits that are required 

5 under applicable law, other than the environ6 mental laws described in subsection (g)(2); and 

7 (D) any other terms and conditions that are 

8 determined to be appropriate by the permitting 

9 authority. 

10 (2) FORCE MAJEURE.—A permit issued under 

11 this section may include, at the request of the Good 

12 Samaritan, a force majeure provision. 

13 (3) INVESTIGATIVE SAMPLING.— 

14 (A) IN GENERAL.—A permit may identify 

15 an appropriate program of investigative sam16 pling to be completed prior to remediation, as 

17 determined by the permitting authority upon ap18 plication. 

19 (B) OPTION TO DECLINE REMEDIATION.—In 

20 the event that investigative sampling is author21 ized, the permit may allow the permittee to de22 cline to undertake remediation based upon sam23 pling results. 

24 (C) PERMIT MODIFICATION.—Based upon 

25 sampling results, a permittee may apply for a 


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1 permit modification using the permit procedures 

2 in this Act. 

3 (4) TIMING.—Work authorized under a permit— 

4 (A) shall commence not later than the date 

5 that is 18 months after the date of issuance of 

6 the permit; and 

7 (B) shall continue until completed, with 

8 temporary suspensions permitted during adverse 

9 weather or other conditions specified in the per10 mit. 

11 (5) SIGNATURE BY PERMITTEE.—The signature 

12 of the permittee on the permit shall be considered to 

13 be an acknowledgment by the permittee that the per14 mittee accepts the terms and conditions of the permit. 

15 (6) TRANSFER OF PERMITS.—A permit may be 

16 transferred to another person only if— 

17 (A) the permitting authority determines 

18 that the transferee qualifies as a Good Samari19 tan; 

20 (B) the transferee signs, and agrees to be 

21 bound by the terms of, the permit; and 

22 (C) the permitting authority includes in the 

23 transferred permit any additional conditions 

24 necessary to meet the goals of this section. 


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1 (7) TERMINATION OF PERMIT.—The authority to 

2 carry out work under a permit issued under this sec3 tion shall terminate if the work does not commence by 

4 the date that is 18 months after the date of issuance 

5 of the permit. 

6 (i) ROLE OF PERMITTING AUTHORITY.—In carrying 

7 out this section, the permitting authority shall— 

8 (1) consult with prospective applicants; 

9 (2) accept permit applications under this sec10 tion; 

11 (3) convene, coordinate, and lead the application 

12 review process; 

13 (4) maintain all records relating to the permit 

14 and the permit process; 

15 (5) provide an opportunity for cooperating agen16 cies and the public to participate in the permit proc17 ess; 

18 (6) issue the permit under this section, if appro19 priate; and 

20 (7) enforce and otherwise carry out this section. 

21 (j) COOPERATING AGENCIES.—If the permitting au22 thority learns that an application for the remediation of 

23 a mine site under this section will be submitted to the per24 mitting authority, the permitting authority shall (as soon 

25 as practicable) provide a notice of the application to— 


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1 (1) the lead State or tribal agency designated 

2 under subsection (d)(2)(B); 

3 (2) each local government located within a ra4 dius of 75 miles of the mine site; and 

5 (3) each Federal, State, and tribal agency that 

6 may have an interest in the application. 

7 (k) STATE, LOCAL AND TRIBAL COMMUNITIES.— 

8 (1) IN GENERAL.—If the permitting authority 

9 receives an application for the remediation of a mine 

10 site under this section, the permitting authority shall, 

11 as soon as practicable, provide notice of the applica12 tion to— 

13 (A) any lead State or tribal agency des14 ignated under subsection (d)(2)(B), if the Ad15 ministrator is the permitting authority; 

16 (B) each local government located within a 

17 radius of 75 miles of the project site; and 

18 (C) each Federal, State, and tribal agency 

19 that the permitting authority determines may 

20 have an interest in the application. 

21 (2) COPY OF APPLICATION.—The notice shall in22 clude a copy of the application. 

23 (l) PUBLIC NOTICE OF RECEIPT OF APPLICATIONS.— 

24 (1) IN GENERAL.—On receipt of a complete ap25 plication for the remediation of an inactive or abanVerDate Aug 31 2005 01:57 Sep 28, 2006 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\S1848.RS S1848

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1 doned mine site under this Act, the permitting au2 thority shall, not later than 30 days after receipt of 

3 the application, provide to the public a notice that— 

4 (A) describes— 

5 (i) the location of the mine site; 

6 (ii) the scope and nature of the pro7 posed remediation; and 

8 (iii) the name of the Good Samaritan 

9 applying for a permit to carry out the pro10 posed remediation; and 

11 (B) provides to the public a means of view12 ing or obtaining the application. 

13 (2) HEARING.— 

14 (A) IN GENERAL.—Before the date of permit 

15 issuance, the permitting authority shall hold a 

16 public hearing in the vicinity of the mine site to 

17 be remediated. 

18 (B) NOTICE.—Not later than 30 days before 

19 the date of the hearing, the permitting authority 

20 shall provide the public with notice of the hear21 ing and a draft permit. 

22 (C) COMMENTS.—The permitting authority 

23 shall provide the applicant and the public with 

24 the opportunity— 


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1 (i) to comment on the draft permit at 

2 the public hearing; and 

3 (ii) to submit written comments to the 

4 permitting authority during the 30–day pe5 riod following the date of the hearing. 

6 (m) MONITORING.— 

7 (1) IN GENERAL.—The permittee shall take such 

8 actions as the permitting authority determines are 

9 necessary to ensure appropriate baseline monitoring, 

10 monitoring during the remediation project, and post11 remediation monitoring of the environment under 

12 paragraphs (7) and (13) of subsection (e). 

13 (2) ADMINISTRATION.—When selecting the type 

14 and frequency of the monitoring requirements to be 

15 included in a permit, if any, the permitting authority 

16 shall— 

17 (A) balance the need for monitored informa18 tion against the cost of the monitoring, based on 

19 the circumstances relating to the remediation; 

20 and 

21 (B) take into account the scope of the 

22 project. 

23 (3) MULTIPARTY MONITORING.—The permitting 

24 authority may approve in a permit the conduct of 

25 monitoring by multiple parties if, as determined by 


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1 the permitting authority, the multiparty monitoring 

2 will effectively accomplish the goals of this section. 

3 (n) ENFORCEMENT.— 

4 (1) CIVIL PENALTY.—Any person who violates a 

5 permit issued under this section shall be subject to a 

6 civil penalty of up to $10,000 for each day of the vio7 lation. 

8 (2) INJUNCTIONS.— 

9 (A) IN GENERAL.—A court may issue an 

10 injunction— 

11 (i) mandating that a person comply 

12 with a permit or take action to abate a per13 mit violation; 

14 (ii) prohibiting a person from vio15 lating a permit; or 

16 (iii) prohibiting additional activities 

17 under a permit (except activities carried 

18 out pursuant to subparagraph (B)). 

19 (B) MINIMUM REQUIREMENT.—In the event 

20 of a permit violation, and absent extraordinary 

21 circumstances, the court shall, at a minimum, 

22 require— 

23 (i) the permittee to repair the damage 

24 to any part of the environment that is 


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1 caused by an action of the permittee in vio2 lation of the permit; and 

3 (ii) the environment to be restored to 

4 the condition of the environment prior to 

5 the action of the permittee in violation of 

6 the permit. 

7 (3) AGENCIES.—Any permitting authority that 

8 signs a permit issued under this section may enforce 

9 the permit through appropriate administrative or ju10 dicial proceedings. 

11 (o) GRANT ELIGIBILITY.—A remediation project con12 ducted pursuant to this section shall be eligible for funding 

13 pursuant to section 319 of the Federal Water Pollution Con14 trol Act (33 U.S.C. 1329). 

15 (p) JUDICIAL REVIEW.—A court may set aside or mod16 ify an action of the Administrator in issuing a permit 

17 under this section, or an action of a State or political sub18 division in signing a permit, only on clear and convincing 

19 evidence of an abuse of discretion. 

20 (q) TRANSFER OF PERMITTING AUTHORITY.— 

21 (1) IN GENERAL.—Subject to paragraph (2), not 

22 later than 120 days after the date on which a State 

23 or Indian tribe has submitted an application to ad24 minister a Good Samaritan program, the Adminis25 trator shall suspend the issuance of permits under 


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1 this Act for remediation activities in that State or 

2 relevant area under the jurisdiction of an Indian 

3 tribe unless the Administrator determines that the 

4 Good Samaritan program of the State or Indian tribe 

5 does not satisfy the requirements of this Act. 

6 (2) EXTENSION.—The period before which the 

7 Administrator will suspend permitting activity under 

8 this subsection may be extended by mutual agreement 

9 of the Administrator and the applicable State or In10 dian tribe. 

11 (r) NOTIFICATION OF ADMINISTRATOR.— 

12 (1) IN GENERAL.—Each State or Indian tribe 

13 authorized to administer a Good Samaritan program 

14 shall— 

15 (A) submit to the Administrator a copy of 

16 each permit application received by the State or 

17 Indian tribe; and 

18 (B) provide notice to the Administrator of 

19 each permit proposed to be issued by the State 

20 or Indian tribe (including any proposed permit 

21 modifications, transfers, or terminations). 

22 (2) OBJECTION TO ISSUANCE.— 

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

24 subparagraph (C), no permit shall be issued by 

25 a State or Indian tribe referred to in paragraph 


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1 (1) if the Administrator, by not later than the 

2 date that is 90 days after the date of submission 

3 of the proposed permit notification, objects in 

4 writing to the issuance of the permit on the basis 

5 that the permit would not be in accordance with 

6 this Act. 

7 (B) STATEMENT OF REASONS FOR OBJEC8 TION.—An objection by the Administrator de9 scribed in subparagraph (A) shall include a 

10 statement of the reasons for the objection. 

11 (C) WAIVER.—The Administrator may, 

12 with respect to any permit application, waive 

13 the applicability of subparagraph (A). 

14 (3) ISSUANCE OR DENIAL OF PERMITS.— 

15 (A) IN GENERAL.—In any case in which the 

16 Administrator objects to the issuance of a permit 

17 under paragraph (2), the Administrator, on the 

18 request of the applicable State or Indian tribe, 

19 shall hold a public hearing on the objection. 

20 (B) FAILURE TO REQUEST HEARING OR RE21 SUBMIT APPLICATION.—If a State or Indian 

22 tribe does not resubmit a permit revised to meet 

23 the objections of the Administrator by the date 

24 that is 30 days after the date of completion of a 

25 public hearing under subparagraph (A) or, if 


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1 such a public hearing is not requested before the 

2 date that is 90 days after the date of issuance of 

3 an objection of the Administrator to issuance of 

4 the permit, the Administrator may issue or deny 

5 the permit in accordance with this Act. 

6 (s) WITHDRAWAL OF APPROVAL OF STATE OR TRIBAL

7 PROGRAM AND RETURN OF STATE OR TRIBAL PROGRAM

8 TO ADMINISTRATOR.— 

9 (1) IN GENERAL.—Each State or tribal Good Sa10 maritan program approved under this Act shall be 

11 administered in accordance with this Act. 

12 (2) NOTIFICATION AND WITHDRAWAL.— 

13 (A) IN GENERAL.—Subject to subparagraph 

14 (B), if the Administrator determines, after a 

15 public hearing, that a State or Indian tribe is 

16 not administering a program approved under 

17 this Act in accordance with this Act, the Admin18 istrator shall— 

19 (i) notify the State or Indian tribe of 

20 the determination; and 

21 (ii) if appropriate corrective action is 

22 not taken within a reasonable time, not to 

23 exceed 90 after the date of notification 

24 under clause (i), withdraw approval of the 

25 program. 


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1 (B) NOTIFICATION OF REASONS FOR WITH2 DRAWAL.—The Administrator shall not with3 draw approval of a program under subpara4 graph (A) until the Administrator notifies the 

5 State or Indian tribe, and makes available to the 

6 public, in writing, the reasons for the with7 drawal. 

8 (t) FEDERAL LAND MANAGEMENT AGENCIES.—A Fed9 eral land management agency that provides authorization 

10 for, or participates in, a project authorized pursuant to this 

11 Act shall not be liable under environmental laws for the 

12 conduct or actions of a Good Samaritan (or any cooper13 ating person). 

14 (u) EMERGENCY AUTHORITY AND LIABILITY.— 

15 (1) EMERGENCY AUTHORITY.—Nothing in this 

16 section affects the authority of a Federal, State, trib17 al, or local agency to carry out any emergency au18 thority, including an emergency authority provided 

19 under any environmental law listed in a permit. 

20 (2) LIABILITY.—Except to the extent that a per21 mit provides protection under an environmental law 

22 specified in a permit in accordance with subsection 

23 (g)(1)(C), nothing in this section or a permit issued 

24 under this section limits the liability of any person 


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1 (including a permittee) under any other provision of 

2 law. 

3 (v) STATE AND TRIBAL RECLAMATION PROGRAMS.— 

4 No State, Indian tribe, or other Good Samaritan shall be 

5 required to obtain a permit pursuant to this Act to reme6 diate an abandoned or inactive mine site for the conduct 

7 of reclamation work under a State or tribal abandoned 

8 mine reclamation plan approved under title IV of the Sur9 face Mining Control and Reclamation Act of 1977 (30 

10 U.S.C. 1231 et seq.). 

11 (w) TERMINATION OF AUTHORITY.— 

12 (1) TERMINATION.— 

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

14 subparagraph (B), the authority to issue permits 

15 pursuant to this Act shall terminate on Sep16 tember 30, 2016. 

17 (B) EXCEPTION.—Notwithstanding sub18 paragraph (A), a permitting authority may 

19 issue a permit pursuant to this Act after Sep20 tember 30, 2016, if the application for the per21 mit— 

22 (i) was submitted not later than 180 

23 days before that date; and 


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1 (ii) was completed in accordance with 

2 subsection (e) by not later than September 

3 30, 2016. 

4 (2) EFFECT ON CERTAIN PERMITS.—Any permit 

5 issued pursuant to this Act before September 30, 

6 2016, that is in effect on that date (including any 

7 permit issued pursuant to paragraph (1)(B)) shall re8 main in effect after that date in accordance with— 

9 (A) the terms and conditions of the permit; 

10 and 

11 (B) this Act. 

12 (3) COMPLETION OF PROJECTS.—Each project 

13 authorized under a permit issued pursuant to this Act 

14 shall be completed by the later of— 

15 (A) the date that is 10 years after the date 

16 of enactment of this Act; and 

17 (B) the date that is 4 years after the date 

18 of issuance of the applicable permit. 

19 (x) REPORT TO CONGRESS.— 

20 (1) PREPARATION AND SUBMISSION.—Not later 

21 than January 1, 2016, the Administrator shall sub22 mit to the Chairpersons and Ranking Members of the 

23 Committee on Environment and Public Works of the 

24 Senate and the Committees on Transportation and 

25 Infrastructure, Energy and Commerce, and Resources 


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1 of the House of Representatives a report evaluating 

2 the permit program under this Act. 

3 (2) INCLUSIONS.—The report under paragraph 

4 (1) shall include— 

5 (A) a description of— 

6 (i) the number, types, and objectives of 

7 permits issued pursuant to this Act; and 

8 (ii) each site remediation project au9 thorized by those permits; 

10 (B) qualitative and quantitative data on 

11 the results achieved under the permits before the 

12 date of issuance of the report; 

13 (C) a description of— 

14 (i) any problems encountered in ad15 ministering this Act; and 

16 (ii) whether the problems have been or 

17 can be remedied by administrative action 

18 (including amendments to existing law); 

19 (D) a description of progress made in 

20 achieving the purposes of this Act; and 

21 (E) recommendations on whether the permit 

22 program under this Act should be continued after 

23 September 30, 2016, including a description of 

24 any modifications (including amendments to exVerDate Aug 31 2005 01:57 Sep 28, 2006 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 E:\BILLS\S1848.RS S1848

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1 isting law) required to continue administering 

2 this Act. 

3 (y) REGULATIONS.— 

4 (1) IN GENERAL.—The Administrator shall pro5 mulgate such regulations as the Administrator deter6 mines to be necessary to carry out this section. 

7 (2) EFFECTIVENESS.—This section shall be effec8 tive regardless of whether regulations are promulgated 

9 by the Administrator pursuant to paragraph (1). 


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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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