S. 2781 

One Hundred Eighteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and twenty four 

An Act 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Good Samaritan Remediation 

of Abandoned Hardrock Mines Act of 2024’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) ABANDONED HARDROCK MINE SITE.— 

(A) IN GENERAL.—The term ‘‘abandoned hardrock mine 

site’’ means an abandoned or inactive hardrock mine site 

and any facility associated with an abandoned or inactive 

hardrock mine site— 

(i) that was used for the production of a mineral 

other than coal conducted on Federal land under sections 2319 through 2352 of the Revised Statutes (commonly known as the ‘‘Mining Law of 1872’’; 30 U.S.C. 

22 et seq.) or on non-Federal land; and 

(ii) for which, based on information supplied by 

the Good Samaritan after review of publicly available 

data and after review of other information in the 

possession of the Administrator, the Administrator or, 

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

States, the Federal land management agency, determines that no responsible owner or operator has been 

identified— 

(I) who is potentially liable for, or has been 

required to perform or pay for, environmental 

remediation activities under applicable law; and 

(II) other than, in the case of a mine site 

located on land owned by the United States, a 

Federal land management agency that has not 

been involved in mining activity on that land, 

except that the approval of a plan of operations 

under the hardrock mining regulations of the 

applicable Federal land management agency shall 

not be considered involvement in the mining 

activity. 

(B) INCLUSION.—The term ‘‘abandoned hardrock mine 

site’’ includes a hardrock mine site (including associated 

facilities) that was previously the subject of a completed 

response action under the Comprehensive Environmental 
S. 2781—2 

Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9601 et seq.) or a similar Federal and State reclamation or cleanup program, including the remediation of minescarred land under the brownfields revitalization program 

under section 104(k) of that Act (42 U.S.C. 9604(k)). 

(C) EXCLUSIONS.—The term ‘‘abandoned hardrock mine 

site’’ does not include a mine site (including associated 

facilities)— 

(i) in a temporary shutdown or cessation; 

(ii) included on the National Priorities List developed by the President in accordance with section 

105(a)(8)(B) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9605(a)(8)(B)) or proposed for inclusion on that 

list; 

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

response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 

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

and State reclamation or cleanup program; 

(iv) that has a responsible owner or operator; or 

(v) that actively mined or processed minerals after 

December 11, 1980. 

(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(3) APPLICABLE WATER QUALITY STANDARDS.—The term 

‘‘applicable water quality standards’’ means the water quality 

standards promulgated by the Administrator or adopted by 

a State or Indian tribe and approved by the Administrator 

pursuant to the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.). 

(4) BASELINE CONDITIONS.—The term ‘‘baseline conditions’’ 

means the concentrations, locations, and releases of any hazardous substances, pollutants, or contaminants, as described 

in the Good Samaritan permit, present at an abandoned 

hardrock mine site prior to undertaking any action under this 

Act. 

(5) COOPERATING PERSON.— (A) IN GENERAL.—The term ‘‘cooperating person’’ means 

any person that is named by the Good Samaritan in the 

permit application as a cooperating entity. 

(B) EXCLUSIONS.—The term ‘‘cooperating person’’ does 

not include— 

(i) a responsible owner or operator with respect 

to the abandoned hardrock mine site described in the 

permit application; 

(ii) a person that had a role in the creation of 

historic mine residue at the abandoned hardrock mine 

site described in the permit application; or 

(iii) a Federal agency. 

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

(A) a Good Samaritan permit; and 

(B) an investigative sampling permit. 

(7) FEDERAL LAND MANAGEMENT AGENCY.—The term ‘‘Federal land management agency’’ means any Federal agency 

authorized by law or executive order to exercise jurisdiction, 

custody, or control over land owned by the United States. 
S. 2781—3 

(8) GOOD SAMARITAN.—The term ‘‘Good Samaritan’’ means 

a person that, with respect to historic mine residue, as determined by the Administrator— 

(A) is not a past or current owner or operator of— 

(i) the abandoned hardrock mine site at which 

the historic mine residue is located; or 

(ii) a portion of that abandoned hardrock mine 

site; 

(B) had no role in the creation of the historic mine 

residue; and 

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

Tribal, or local law for the remediation, treatment, or control of the historic mine residue. 

(9) GOOD SAMARITAN PERMIT.—The term ‘‘Good Samaritan 

permit’’ means a permit granted by the Administrator under 

section 4(a)(1). 

(10) HISTORIC MINE RESIDUE.— 

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

means mine residue or any condition at an abandoned 

hardrock mine site resulting from hardrock mining activities. 

(B) INCLUSIONS.—The term ‘‘historic mine residue’’ 

includes— 

(i) previously mined ores and minerals other than 

coal that contribute to acid mine drainage or other 

pollution; 

(ii) equipment (including materials in equipment); 

(iii) any tailings facilities, heap leach piles, dump 

leach piles, waste rock, overburden, slag piles, or other 

waste or material resulting from any extraction, 

beneficiation, or other processing activity that occurred 

during the active operation of an abandoned hardrock 

mine site; 

(iv) any acidic or otherwise polluted flow in surface 

water or groundwater that originates from, or is pooled 

and contained in, an inactive or abandoned hardrock 

mine site, such as underground workings, open pits, 

in-situ leaching operations, ponds, or impoundments; 

(v) any hazardous substance (as defined in section 

101 of the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 

9601)); 

(vi) any pollutant or contaminant (as defined in 

section 101 of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9601)); and 

(vii) any pollutant (as defined in section 502 of 

the Federal Water Pollution Control Act (33 U.S.C. 

1362)). 

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

meaning given the term in— 

(A) section 518(h) of the Federal Water Pollution Control Act (33 U.S.C. 1377(h)); or 

(B) section 101 of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9601). 
S. 2781—4 

(12) INVESTIGATIVE SAMPLING PERMIT.—The term ‘‘investigative sampling permit’’ means a permit granted by the 

Administrator under section 4(d)(1). 

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

described in— 

(A) section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)); or 

(B) section 101(21) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(42 U.S.C. 9601(21)). 

(14) REMEDIATION.— 

(A) IN GENERAL.—The term ‘‘remediation’’ means any 

action taken to investigate, characterize, or cleanup, in 

whole or in part, a discharge, release, or threat of release 

of a hazardous substance, pollutant, or contaminant into 

the environment at or from an abandoned hardrock mine 

site, or to otherwise protect and improve human health 

and the environment. 

(B) INCLUSION.—The term ‘‘remediation’’ includes any 

action to remove, treat, or contain historic mine residue 

to prevent, minimize, or reduce— 

(i) the release or threat of release of a hazardous 

substance, pollutant, or contaminant that would harm 

human health or the environment; or 

(ii) a migration or discharge of a hazardous substance, pollutant, or contaminant that would harm 

human health or the environment. 

(C) EXCLUSION.—The term ‘‘remediation’’ does not 

include any action that requires plugging, opening, or 

otherwise altering the portal or adit of the abandoned 

hardrock mine site. 

(15) RESERVATION.—The term ‘‘reservation’’ has the 

meaning given the term ‘‘Indian country’’ in section 1151 of 

title 18, United States Code. 

(16) RESPONSIBLE OWNER OR OPERATOR.—The term ‘‘responsible owner or operator’’ means a person that is— 

(A)(i) legally responsible under section 301 of the Federal Water Pollution Control Act (33 U.S.C. 1311) for a 

discharge that originates from an abandoned hardrock mine 

site; and 

(ii) financially able to comply with each requirement 

described in that section; or 

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

person that is liable with respect to a release or threat 

of release of a hazardous substance, pollutant, or contaminant associated with the historic mine residue at or from 

an abandoned hardrock mine site under section 104, 106, 

107, or 113 of the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 9604, 

9606, 9607, 9613); and 

(ii) financially able to comply with each requirement 

described in those sections, as applicable. 

SEC. 3. SCOPE. 

Nothing in this Act— 

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

liability under Federal, State, or local law; 
S. 2781—5 

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

from liability under Federal, State, or local law, except in 

compliance with this Act; 

(3) authorizes the conduct of any mining or processing 

other than the conduct of any processing of previously mined 

ores, minerals, wastes, or other materials that is authorized 

by a Good Samaritan permit; 

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

land management agency pursuant to section 107 of the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the 

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

(5) relieves the United States or any Federal land management agency from any liability under section 107 of the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the 

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

exists apart from any action undertaken pursuant to this Act. 

SEC. 4. ABANDONED HARDROCK MINE SITE GOOD SAMARITAN PILOT 

PROJECT AUTHORIZATION. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—The Administrator shall establish a pilot 

program under which the Administrator shall grant not more 

than 15 Good Samaritan permits to carry out projects to remediate historic mine residue at any portions of abandoned 

hardrock mine sites in accordance with this Act. 

(2) OVERSIGHT OF PERMITS.—The Administrator may oversee the remediation project under paragraph (1), and any action 

taken by the applicable Good Samaritan or any cooperating 

person under the applicable Good Samaritan permit, for the 

duration of the Good Samaritan permit, as the Administrator 

determines to be necessary to review the status of the project. 

(3) SUNSET.— 

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

(B), the pilot program described in paragraph (1) shall 

terminate on the date that is 7 years after the date of 

enactment of this Act. 

(B) EXCEPTION.—Notwithstanding subparagraph (A), 

the Administrator may grant a Good Samaritan permit 

pursuant to this Act after the date identified in subparagraph (A) if the application for the Good Samaritan 

permit— 

(i) was submitted not later than 180 days before 

that date; and 

(ii) was completed in accordance with subsection 

(c) by not later than 7 years after the date of enactment 

of this Act. 

(C) EFFECT ON CERTAIN PERMITS.—Any Good Samaritan permit granted by the deadline prescribed in subparagraph (A) or (B), as applicable, that is in effect on the 

date that is 7 years after the date of enactment of this 

Act shall remain in effect after that date in accordance 

with— 

(i) the terms and conditions of the Good Samaritan 

permit; and 

(ii) this Act. 
S. 2781—6 

(b) GOOD SAMARITAN PERMIT ELIGIBILITY.— 

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

permit to carry out a project to remediate an abandoned 

hardrock mine site, a person shall demonstrate that, as determined by the Administrator— 

(A) the abandoned hardrock mine site that is the subject of the application for a Good Samaritan permit is 

located in the United States; 

(B) the purpose of the proposed project is the remediation at that abandoned hardrock mine site of historic 

mine residue; 

(C) the proposed activities are designed to result in 

the partial or complete remediation of historic mine residue 

at the abandoned hardrock mine site within the term of 

the Good Samaritan permit; 

(D) the proposed project poses a low risk to the environment, as determined by the Administrator; 

(E) to the satisfaction of the Administrator, the person— 

(i) possesses, or has the ability to secure, the financial and other resources necessary— 

(I) to complete the permitted work, as determined by the Administrator; and 

(II) to address any contingencies identified in 

the Good Samaritan permit application described 

in subsection (c); 

(ii) possesses the proper and appropriate experience and capacity to complete the permitted work; 

and 

(iii) will complete the permitted work; and 

(F) the person is a Good Samaritan with respect to 

the historic mine residue proposed to be covered by the 

Good Samaritan permit. 

(2) IDENTIFICATION OF ALL RESPONSIBLE OWNERS OR OPERA- TORS.— (A) IN GENERAL.—A Good Samaritan shall make 

reasonable and diligent efforts to identify, from a review 

of publicly available information in land records or on 

internet websites of Federal, State, and local regulatory 

authorities, all responsible owners or operators of an abandoned hardrock mine site proposed to be remediated by 

the Good Samaritan under this section. 

(B) EXISTING RESPONSIBLE OWNER OR OPERATOR.—If 

the Administrator determines, based on information provided by a Good Samaritan or otherwise, that a responsible 

owner or operator exists for an abandoned hardrock mine 

site proposed to be remediated by the Good Samaritan, 

the Administrator shall deny the application for a Good 

Samaritan permit. 

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

permit, a person shall submit to the Administrator an application, 

signed by the person and any cooperating person, that provides, 

to the extent known or reasonably discoverable by the person on 

the date on which the application is submitted— 

(1) a description of the abandoned hardrock mine site 

(including the boundaries of the abandoned hardrock mine site) 

proposed to be covered by the Good Samaritan permit; 
S. 2781—7 

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

in the remediation project, including any cooperating person 

and each member of an applicable corporation, association, 

partnership, consortium, joint venture, commercial entity, or 

nonprofit association; 

(3) evidence that the person has or will acquire all legal 

rights or the authority necessary to enter the relevant abandoned hardrock mine site and perform the remediation 

described in the application; 

(4) a detailed description of the historic mine residue to 

be remediated; 

(5) a detailed description of the expertise and experience 

of the person and the resources available to the person to 

successfully implement and complete the remediation plan 

under paragraph (7); 

(6) to the satisfaction of the Administrator and subject 

to subsection (d), a description of the baseline conditions caused 

by the historic mine residue to be remediated that includes— 

(A) the nature and extent of any adverse impact on 

the water quality of any body of water caused by the 

drainage of historic mine residue or other discharges from 

the abandoned hardrock mine site; 

(B) the flow rate and concentration of any drainage 

of historic mine residue or other discharge from the abandoned hardrock mine site in any body of water that has 

resulted in an adverse impact described in subparagraph 

(A); and 

(C) any other release or threat of release of historic 

mine residue that has resulted in an adverse impact to 

human health or the environment; 

(7) subject to subsection (d), a remediation plan for the 

abandoned hardrock mine site that describes— 

(A) the nature and scope of the proposed remediation 

activities, including— 

(i) any historic mine residue to be addressed by 

the remediation plan; and 

(ii) a description of the goals of the remediation 

including, if applicable, with respect to— 

(I) the reduction or prevention of a release, 

threat of release, or discharge to surface waters; 

or 

(II) other appropriate goals relating to water 

or soil; 

(B) each activity that the person proposes to take that 

is— 

(i) designed to— 

(I) improve or enhance water quality or sitespecific soil or sediment quality relevant to the 

historic mine residue addressed by the remediation 

plan, including making measurable progress 

toward achieving applicable water quality standards; or 

(II) otherwise protect human health and the 

environment (including through the prevention of 

a release, discharge, or threat of release to water, 

sediment, or soil); and 
S. 2781—8 

(ii) otherwise necessary to carry out an activity 

described in subclause (I) or (II) of clause (i); 

(C) a plan describing the monitoring or other forms 

of assessment that will be undertaken by the person to 

evaluate the success of the activities described in subparagraph (A) during and after the remediation, with respect 

to the baseline conditions, as described in paragraph (6); 

(D) to the satisfaction of the Administrator, detailed 

engineering plans for the project; 

(E) detailed plans for any proposed recycling or 

reprocessing of historic mine residue to be conducted by 

the person (including a description of how all proposed 

recycling or reprocessing activities contribute to the remediation of the abandoned hardrock mine site); and 

(F) identification of any proposed contractor that will 

perform any remediation activity; 

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

be carried out under the project, including a schedule for periodic reporting by the person on the remediation of the abandoned hardrock mine site; 

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

for mining remediation work; 

(10) a specific contingency plan that— 

(A) includes provisions on response and notification 

to Federal, State, Tribal, and local authorities with jurisdiction over downstream waters that have the potential to 

be impacted by an unplanned release or discharge of hazardous substances, pollutants, or contaminants; and 

(B) is designed to respond to unplanned adverse events 

(such as adverse weather events or a potential fluid release 

that may result from addressing pooled water or hydraulic 

pressure situations), including the sudden release of historic mine residue; 

(11) subject to subsection (d), a project budget and description of financial resources that demonstrate that the permitted 

work, including any operation and maintenance, will be completed; 

(12) subject to subsection (d), information demonstrating 

that the applicant has the financial resources to carry out 

the remediation (including any long-term monitoring that may 

be required by the Good Samaritan permit) or the ability to 

secure an appropriate third-party financial assurance, as determined by the Administrator, to ensure completion of the permitted work, including any long-term operations and maintenance of remediation activities that may be— 

(A) proposed in the application for the Good Samaritan 

permit; or 

(B) required by the Administrator as a condition of 

granting the permit; 

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

required operation and maintenance of any remediation, 

including a timeline, if necessary; 

(14) subject to subsection (d), a description of any planned 

post-remediation monitoring, if necessary; and 

(15) subject to subsection (d), any other appropriate 

information, as determined by the Administrator or the 

applicant. 
S. 2781—9 

(d) INVESTIGATIVE SAMPLING.— 

(1) INVESTIGATIVE SAMPLING PERMITS.—The Administrator 

may grant an investigative sampling permit for a period determined by the Administrator to authorize a Good Samaritan 

to conduct investigative sampling of historic mine residue, soil, 

sediment, or water to determine— 

(A) baseline conditions; and 

(B) whether the Good Samaritan— 

(i) is willing to perform further remediation to 

address the historic mine residue; and 

(ii) will proceed with a permit conversion under 

subsection (e)(1). 

(2) NUMBER OF PERMITS.— 

(A) LIMITATION.— Subject to subparagraph (B), the 

Administrator may grant not more than 15 investigative 

sampling permits. 

(B) APPLICABILITY TO CONVERTED PERMITS.—An investigative sampling permit that is not converted to a Good 

Samaritan permit pursuant to paragraph (5) may be 

eligible for reissuance by the Administrator subject to the 

overall total of not more than 15 investigative sampling 

permits allowed at any 1 time described in subparagraph 

(A). 

(3) APPLICATION.—If a Good Samaritan proposes to conduct 

investigative sampling, the Good Samaritan shall submit to 

the Administrator an investigative sampling permit application 

that contains, to the satisfaction of the Administrator— 

(A) each description required under paragraphs (1), 

(2), and (5) of subsection (c); 

(B) to the extent reasonably known to the applicant, 

any previously documented water quality data describing 

conditions at the abandoned hardrock mine site; 

(C) the evidence required under subsection (c)(3); 

(D) each plan required under paragraphs (9) and (10) 

of subsection (c); and 

(E) a detailed plan of the investigative sampling. 

(4) REQUIREMENTS.— (A) IN GENERAL.—If a person submits an application 

that proposes only investigative sampling of historic mine 

residue, soil, sediment, or water that only includes the 

requirements described in paragraph (1), the Administrator 

may grant an investigative sampling permit that authorizes 

the person only to carry out the plan of investigative sampling of historic mine residue, soil, sediment, or water, 

as described in the investigative sampling permit application under paragraph (3). 

(B) REPROCESSING.—An investigative sampling 

permit— 

(i) shall not authorize a Good Samaritan or cooperating person to conduct any reprocessing of material; 

and 

(ii) may authorize metallurgical testing of historic 

mine residue to determine whether reprocessing under 

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

(C) REQUIREMENTS RELATING TO SAMPLES.—In conducting investigative sampling of historic mine residue, 

soil, sediment, or water, a Good Samaritan shall— 
S. 2781—10 

(i) collect samples that are representative of the 

conditions present at the abandoned hardrock mine 

site that is the subject of the investigative sampling 

permit; and 

(ii) retain publicly available records of all sampling 

events for a period of not less than 3 years. 

(5) PERMIT CONVERSION.—Not later than 1 year after the 

date on which the investigative sampling under the investigative sampling permit concludes, a Good Samaritan to whom 

an investigative sampling permit is granted under paragraph 

(1) may apply to convert an investigative sampling permit 

into a Good Samaritan permit under subsection (e)(1). 

(6) PERMIT NOT CONVERTED.— 

(A) IN GENERAL.—Subject to subparagraph (B)(ii)(I), 

a Good Samaritan who obtains an investigative sampling 

permit may decline— 

(i) to apply to convert the investigative sampling 

permit into a Good Samaritan permit under paragraph 

(5); and 

(ii) to undertake remediation activities on the site 

where investigative sampling was conducted on conclusion of investigative sampling. 

(B) EFFECT OF LACK OF CONVERSION.— 

(i) IN GENERAL.—Notwithstanding a refusal by a 

Good Samaritan to convert an investigative sampling 

permit into a Good Samaritan permit under subparagraph (A), but subject to clause (ii), the provisions 

of paragraphs (1) through (4) of subsection (n) shall 

continue to apply to the Good Samaritan and any 

cooperating persons after the refusal to convert. 

(ii) DEGRADATION OF SURFACE WATER QUALITY.— 

(I) OPPORTUNITY TO CORRECT.—If, before the 

date on which a Good Samaritan refuses to convert 

an investigative sampling permit under subparagraph (A), actions by the Good Samaritan or any 

cooperating person have caused conditions at the 

abandoned hardrock mine site to be measurably 

worse, as determined by the Administrator, when 

compared to conditions described pursuant to paragraph (3)(B), if applicable, the Administrator shall 

provide the Good Samaritan or cooperating person, 

as applicable, the opportunity to return the conditions at the abandoned hardrock mine site to those 

conditions. 

(II) EFFECT.—If, pursuant to subclause (I), the 

applicable Good Samaritan or cooperating person 

does not return the surface water quality at the 

abandoned hardrock mine site to conditions 

described pursuant to paragraph (3)(B), if 

applicable, as determined by the Administrator, 

clause (i) shall not apply to the Good Samaritan 

or any cooperating persons. 

(e) INVESTIGATIVE SAMPLING CONVERSION.— 

(1) IN GENERAL.—A person to which an investigative sampling permit was granted may submit to the Administrator 

an application in accordance with paragraph (2) to convert 
S. 2781—11 

the investigative sampling permit into a Good Samaritan 

permit. 

(2) APPLICATION.— 

(A) INVESTIGATIVE SAMPLING.—An application for the 

conversion of an investigative sampling permit under paragraph (1) shall include any requirement described in subsection (c) that was not included in full in the application 

submitted under subsection (d)(3). 

(B) PUBLIC NOTICE AND COMMENT.—An application for 

permit conversion under this paragraph shall be subject 

to— 

(i) environmental review and public comment 

procedures required by subsection (l); and 

(ii) a public hearing, if requested. 

(f) CONTENT OF PERMITS.— 

(1) IN GENERAL.—A Good Samaritan permit shall contain— 

(A) the information described in subsection (c), 

including any modification required by the Administrator; 

(B)(i) a provision that states that the Good Samaritan 

is responsible for securing, for all activities authorized 

under the Good Samaritan permit, all authorizations, 

licenses, and permits that are required under applicable 

law except for— 

(I) section 301, 302, 306, 307, 402, or 404 of the 

Federal Water Pollution Control Act (33 U.S.C. 1311, 

1312, 1316, 1317, 1342, 1344); and 

(II) authorizations, licenses, and permits that 

would not need to be obtained if the remediation was 

conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9621); or 

(ii) in the case of an abandoned hardrock mine site 

in a State that is authorized to implement State law pursuant to section 402 or 404 of the Federal Water Pollution 

Control Act (33 U.S.C. 1342, 1344) or on land of an Indian 

tribe that is authorized to implement Tribal law pursuant 

to that section, a provision that states that the Good 

Samaritan is responsible for securing, for all activities 

authorized under the Good Samaritan permit, all 

authorizations, licenses, and permits that are required 

under applicable law, except for— 

(I) the State or Tribal law, as applicable; and 

(II) authorizations, licenses, and permits that 

would not need to be obtained if the remediation was 

conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9621); 

(C) specific public notification requirements, including 

the contact information for all appropriate response centers 

in accordance with subsection (o); 

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

United States, a notice that the Good Samaritan permit 

serves as an agreement for use and occupancy of Federal 

land that is enforceable by the applicable Federal land 

management agency; and 
S. 2781—12 

(E) any other terms and conditions determined to be 

appropriate by the Administrator or the Federal land 

management agency, as applicable. 

(2) FORCE MAJEURE.—A Good Samaritan permit may 

include, at the request of the Good Samaritan, a provision 

that a Good Samaritan may assert a claim of force majeure 

for any violation of the Good Samaritan permit caused solely 

by— 

(A) an act of God; 

(B) an act of war; 

(C) negligence on the part of the United States; 

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

Samaritan— 

(i) exercises due care with respect to the actions 

of the Good Samaritan under the Good Samaritan 

permit, as determined by the Administrator; 

(ii) took precautions against foreseeable acts or 

omissions of the third party, as determined by the 

Administrator; and 

(iii) uses reasonable efforts— 

(I) to anticipate any potential force majeure; 

and 

(II) to address the effects of any potential force 

majeure; or 

(E) a public health emergency declared by the Federal 

Government or a global government, such as a pandemic 

or an epidemic. 

(3) MONITORING.— 

(A) IN GENERAL.—The Good Samaritan shall take such 

actions as the Good Samaritan permit requires to ensure 

appropriate baseline conditions monitoring, monitoring 

during the remediation project, and post-remediation monitoring of the environment under paragraphs (7) and (14) 

of subsection (c). 

(B) MULTIPARTY MONITORING.—The Administrator may 

approve in a Good Samaritan permit the monitoring by 

multiple cooperating persons if, as determined by the 

Administrator— 

(i) the multiparty monitoring will effectively 

accomplish the goals of this section; and 

(ii) the Good Samaritan remains responsible for 

compliance with the terms of the Good Samaritan 

permit. 

(4) OTHER DEVELOPMENT.— 

(A) NO AUTHORIZATION OF MINING ACTIVITIES.—No mineral exploration, processing, beneficiation, or mining shall 

be— 

(i) authorized by this Act; or 

(ii) covered by any waiver of liability provided 

by this Act from applicable law. 

(B) REPROCESSING OF MATERIALS.—A Good Samaritan 

may reprocess materials recovered during the implementation of a remediation plan only if— 

(i) the project under the Good Samaritan permit 

is on land owned by the United States; 
S. 2781—13 

(ii) the applicable Federal land management 

agency has signed a decision document under subsection (l)(2)(G) approving reprocessing as part of a 

remediation plan; 

(iii) the proceeds from the sale or use of the materials are used— 

(I) to defray the costs of the remediation; and 

(II) to the extent required by the Good Samaritan permit, to reimburse the Administrator or the 

head of a Federal land management agency for 

the purpose of carrying out this Act; 

(iv) any remaining proceeds are deposited into the 

appropriate Good Samaritan Mine Remediation Fund 

established by section 5(a); and 

(v) the materials only include historic mine residue. 

(C) CONNECTION WITH OTHER ACTIVITIES.—The 

commingling or association of any other discharge of water 

or historic mine residue or any activity, project, or operation 

conducted on or after the date of enactment of this Act 

with any aspect of a project subject to a Good Samaritan 

permit shall not limit or reduce the liability of any person 

associated with the other discharge of water or historic 

mine residue or activity, project, or operation. 

(g) ADDITIONAL WORK.—A Good Samaritan permit may (subject 

to subsection (r)(5) in the case of a project located on Federal 

land) allow the Good Samaritan to return to the abandoned 

hardrock mine site after the completion of the remediation to perform operations and maintenance or other work— 

(1) to ensure the functionality of completed remediation 

activities at the abandoned hardrock mine site; or 

(2) to protect public health and the environment. 

(h) TIMING.—Work authorized under a Good Samaritan 

permit— 

(1) shall commence, as applicable— 

(A) not later than the date that is 18 months after 

the date on which the Administrator granted the Good 

Samaritan permit, unless the Administrator grants an 

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

(B) if the grant of the Good Samaritan permit is the 

subject of a petition for judicial review, not later than 

the date that is 18 months after the date on which the 

judicial review, including any appeals, has concluded; and 

(2) shall continue until completed, with temporary suspensions permitted during adverse weather or other conditions 

specified in the Good Samaritan permit. 

(i) TRANSFER OF PERMITS.—A Good Samaritan permit may be 

transferred to another person only if— 

(1) the Administrator determines that the transferee qualifies as a Good Samaritan; 

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

terms of, the permit; 

(3) the Administrator includes in the transferred permit 

any additional conditions necessary to meet the goals of this 

section; and 

(4) in the case of a project under the Good Samaritan 

permit on land owned by the United States, the head of the 
S. 2781—14 

applicable Federal land management agency approves the 

transfer. 

(j) ROLE OF ADMINISTRATOR AND FEDERAL LAND MANAGEMENT

AGENCIES.—In carrying out this section— 

(1) the Administrator shall— 

(A) consult with prospective applicants; 

(B) convene, coordinate, and lead the application 

review process; 

(C) maintain all records relating to the Good Samaritan 

permit and the permit process; 

(D) in the case of a proposed project on State, Tribal, 

or private land, provide an opportunity for cooperating 

persons and the public to participate in the Good Samaritan 

permit process, including— 

(i) carrying out environmental review and public 

comment procedures pursuant to subsection (l); and 

(ii) a public hearing, if requested; and 

(E) enforce and otherwise carry out this section; and 

(2) the head of an applicable Federal land management 

agency shall— 

(A) in the case of a proposed project on land owned 

by the United States, provide an opportunity for cooperating persons and the public to participate in the Good 

Samaritan permit process, including— 

(i) carrying out environmental review and public 

comment procedures pursuant to subsection (l); and 

(ii) a public hearing, if requested; and 

(B) in coordination with the Administrator, enforce 

Good Samaritan permits issued under this section for 

projects on land owned by the United States. 

(k) STATE, LOCAL, AND TRIBAL GOVERNMENTS.—As soon as practicable, but not later than 14 days after the date on which the 

Administrator receives an application for the remediation of an 

abandoned hardrock mine site under this section that, as determined by the Administrator, is complete and meets all applicable 

requirements of subsection (c), the Administrator shall provide 

notice and a copy of the application to— 

(1) each local government with jurisdiction over a drinking 

water utility, and each Indian tribe with reservation or offreservation treaty rights to land or water, located downstream 

from or otherwise near a proposed remediation project that 

is reasonably anticipated to be impacted by the remediation 

project or a potential release of contaminants from the abandoned hardrock mine site, as determined by the Administrator; 

(2) each Federal, State, and Tribal agency that may have 

an interest in the application; and 

(3) in the case of an abandoned hardrock mine site that 

is located partially or entirely on land owned by the United 

States, the Federal land management agency with jurisdiction 

over that land. 

(l) ENVIRONMENTAL REVIEW AND PUBLIC COMMENT.— 

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

permit to carry out a project for the remediation of an abandoned hardrock mine site, the Administrator shall ensure that 

environmental review and public comment procedures are carried out with respect to the proposed project. 

(2) RELATION TO NEPA.— 
S. 2781—15 

(A) MAJOR FEDERAL ACTION.—Subject to subparagraph 

(F), the issuance or modification of a Good Samaritan 

permit by the Administrator shall be considered a major 

Federal action for purposes of section 102 of the National 

Environmental Policy Act of 1969 (42 U.S.C. 4332). 

(B) LEAD AGENCY.—The lead agency for purposes of 

an environmental assessment and public comment under 

this subsection shall be— 

(i) in the case of a proposed project on land owned 

by the United States that is managed by only 1 Federal 

land management agency, the applicable Federal land 

management agency; 

(ii) in the case of a proposed project entirely on 

State, Tribal, or private land, the Administrator; 

(iii) in the case of a proposed project partially 

on land owned by the United States and partially 

on State, Tribal, or private land, the applicable Federal 

land management agency; and 

(iv) in the case of a proposed project on land owned 

by the United States that is managed by more than 

1 Federal land management agency, the Federal land 

management agency selected by the Administrator to 

be the lead agency, after consultation with the 

applicable Federal land management agencies. 

(C) COORDINATION.—To the maximum extent practicable, the lead agency described in subparagraph (B) shall 

coordinate procedures under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) with State, 

Tribal, and Federal cooperating agencies, as applicable. 

(D) COOPERATING AGENCY.—In the case of a proposed 

project on land owned by the United States, the Administrator shall be a cooperating agency for purposes of an 

environmental assessment and public comment under this 

subsection. 

(E) SINGLE NEPA DOCUMENT.—The lead agency 

described in subparagraph (B) may conduct a single 

environmental assessment for— 

(i) the issuance of a Good Samaritan permit; 

(ii) any activities authorized by a Good Samaritan 

permit; and 

(iii) any applicable permits required by the Secretary of the Interior or the Secretary of Agriculture. 

(F) NO SIGNIFICANT IMPACT.— 

(i) IN GENERAL.—A Good Samaritan permit may 

only be issued if, after an environmental assessment, 

the head of the lead agency issues a finding of no 

significant impact (as defined in section 111 of the 

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

4336e)). 

(ii) SIGNIFICANT IMPACT.—If the head of the lead 

agency is unable to issue a finding of no significant 

impact (as so defined), the head of the lead agency 

shall not issue a Good Samaritan permit for the proposed project. 

(G) DECISION DOCUMENT.—An approval or denial of 

a Good Samaritan permit may be issued as a single decision 

document that is signed by— 
S. 2781—16 

(i) the Administrator; and 

(ii) in the case of a project on land owned by 

the United States, the head of the applicable Federal 

land management agency. 

(H) LIMITATION.—Nothing in this paragraph exempts 

the Secretary of Agriculture or the Secretary of the Interior, 

as applicable, from any other requirements of section 102 

of the National Environmental Policy Act of 1969 (42 U.S.C. 

4332). 

(m) PERMIT GRANT.— 

(1) IN GENERAL.—The Administrator may grant a Good 

Samaritan permit to carry out a project for the remediation 

of an abandoned hardrock mine site only if— 

(A) the Administrator determines that— 

(i) the person seeking the permit is a Good Samaritan; 

(ii) the application described in subsection (c) is 

complete; 

(iii) the project is designed to remediate historic 

mine residue at the abandoned hardrock mine site 

to protect human health and the environment; 

(iv) the proposed project is designed to meet all 

other goals, as determined by the Administrator, 

including any goals set forth in the application for 

the Good Samaritan permit that are accepted by the 

Administrator; 

(v) the proposed activities, as compared to the 

baseline conditions described in the permit, will make 

measurable progress toward achieving— 

(I) applicable water quality standards; 

(II) improved soil quality; 

(III) improved sediment quality; 

(IV) other improved environmental or safety 

conditions; or 

(V) reductions in threats to soil, sediment, or 

water quality or other environmental or safety 

conditions; 

(vi) the applicant has— 

(I) demonstrated that the applicant has the 

proper and appropriate experience and capacity 

to complete the permitted work; 

(II) demonstrated that the applicant will complete the permitted work; 

(III) the financial and other resources to 

address any contingencies identified in the Good 

Samaritan permit application described in subsections (b) and (c); 

(IV) granted access and provided the authority 

to review the records of the applicant relevant 

to compliance with the requirements of the Good 

Samaritan permit; and 

(V) demonstrated, to the satisfaction of the 

Administrator, that— 

(aa) the applicant has, or has access to, 

the financial resources to complete the project 

described in the Good Samaritan permit 
S. 2781—17 

application, including any long-term monitoring and operations and maintenance that 

the Administrator may require the applicant 

to perform in the Good Samaritan permit; or 

(bb) the applicant has established a thirdparty financial assurance mechanism, such as 

a corporate guarantee from a parent or other 

corporate affiliate, letter of credit, trust, surety 

bond, or insurance to assure that funds are 

available to complete the permitted work, 

including for operations and maintenance and 

to address potential contingencies, that— 

(AA) establishes the Administrator or 

the head of the Federal land management 

agency as the beneficiary of the thirdparty financial assurance mechanism; and 

(BB) allows the Administrator to 

retain and use the funds from the financial assurance mechanism in the event 

the Good Samaritan does not complete the 

remediation under the Good Samaritan 

permit; and 

(vii) the project meets the requirements of this 

Act; 

(B) the State or Indian tribe with jurisdiction over 

land on which the abandoned hardrock mine site is located 

has been given an opportunity to review and, if necessary, 

comment on the grant of the Good Samaritan permit; 

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

out under the Good Samaritan permit partially or entirely 

on land owned by the United States, pursuant to subsection 

(l), the head of the applicable Federal land management 

agency has signed a decision document approving the proposed project; and 

(D) the Administrator or head of the Federal land 

management agency, as applicable, has provided— 

(i) environmental review and public comment 

procedures required by subsection (l); and 

(ii) a public hearing under that subsection, if 

requested. 

(2) DEADLINE.— (A) IN GENERAL.—The Administrator shall grant or 

deny a Good Samaritan permit by not later than— 

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

receipt by the Administrator of an application for the 

Good Samaritan permit that, as determined by the 

Administrator, is complete and meets all applicable 

requirements of subsection (c); or 

(ii) such later date as may be determined by the 

Administrator with notification provided to the 

applicant. 

(B) CONSTRUCTIVE DENIAL.—If the Administrator fails 

to grant or deny a Good Samaritan permit by the applicable 

deadline described in subparagraph (A), the application 

shall be considered to be denied. 

(3) DISCRETIONARY ACTION.—The issuance of a permit by 

the Administrator and the approval of a project by the head 
S. 2781—18 

of an applicable Federal land management agency shall be 

considered to be discretionary actions taken in the public 

interest. 

(n) EFFECT OF PERMITS.— 

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

person undertaking remediation activities identified in, carried 

out pursuant to, and in compliance with, a covered permit— 

(A) shall be considered to be in compliance with all 

requirements (including permitting requirements) under 

the Federal Water Pollution Control Act (33 U.S.C. 1251 

et seq.) (including any law or regulation implemented by 

a State or Indian tribe under section 402 or 404 of that 

Act (33 U.S.C. 1342, 1344)) and the Comprehensive 

Environmental Response, Compensation, and Liability Act 

of 1980 (42 U.S.C. 9601 et seq.) during the term of the 

covered permit, after the termination of the Good Samaritan permit, and after declining to convert an investigative 

sampling permit into a Good Samaritan permit, as 

applicable; 

(B) shall not be required to obtain a permit under, 

or to comply with, section 301, 302, 306, 307, 402, or 

404 of the Federal Water Pollution Control Act (33 U.S.C. 

1311, 1312, 1316, 1317, 1342, 1344), or any State or Tribal 

standards or regulations approved by the Administrator 

under those sections of that Act, during the term of the 

covered permit, after the termination of the Good Samaritan permit, and after declining to convert an investigative 

sampling permit into a Good Samaritan permit, as 

applicable; and 

(C) shall not be required to obtain any authorizations, 

licenses, or permits that would otherwise not need to be 

obtained if the remediation was conducted pursuant to 

section 121 of the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 9621). 

(2) UNAUTHORIZED ACTIVITIES.— (A) IN GENERAL.—Any person (including a Good 

Samaritan or any cooperating person) that carries out any 

activity, including activities relating to mineral exploration, 

processing, beneficiation, or mining, including development, 

that is not authorized by the applicable covered permit 

shall be subject to all applicable law. 

(B) LIABILITY.—Any activity not authorized by a covered permit, as determined by the Administrator, may 

be subject to liability and enforcement under all applicable 

law, including— 

(i) the Federal Water Pollution Control Act (33 

U.S.C. 1251 et seq.); and 

(ii) the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 

9601 et seq.). 

(3) NO ENFORCEMENT OR LIABILITY FOR GOOD SAMARITANS.— 

(A) IN GENERAL.—Subject to subparagraphs (D) and 

(E), a Good Samaritan or cooperating person that is conducting a remediation activity identified in, pursuant to, 

and in compliance with a covered permit shall not be 

subject to enforcement or liability described in subparagraph (B) for— 
S. 2781—19 

(i) any actions undertaken that are authorized by 

the covered permit; or 

(ii) any past, present, or future releases, threats 

of releases, or discharges of hazardous substances, 

pollutants, or contaminants at or from the abandoned 

hardrock mine site that is the subject of the covered 

permit (including any releases, threats of releases, or 

discharges that occurred prior to the grant of the covered permit). 

(B) ENFORCEMENT OR LIABILITY DESCRIBED.—Enforcement or liability referred to in subparagraph (A) is enforcement, civil or criminal penalties, citizen suits and any 

liabilities for response costs, natural resource damage, or 

contribution under— 

(i) the Federal Water Pollution Control Act (33 

U.S.C. 1251 et seq.) (including under any law or regulation administered by a State or Indian tribe under 

that Act); or 

(ii) the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 

9601 et seq.). 

(C) DURATION OF APPLICABILITY.—Subparagraph (A) 

shall apply during the term of the covered permit, after 

the termination of the Good Samaritan permit, and after 

declining to convert an investigative sampling permit into 

a Good Samaritan permit, as applicable. 

(D) OTHER PARTIES.—Nothing in subparagraph (A) 

limits the liability of any person that is not described 

in that subparagraph. 

(E) DECLINE IN ENVIRONMENTAL CONDITIONS.—Notwithstanding subparagraph (A), if a Good Samaritan or 

cooperating person fails to comply with any term, condition, 

or limitation of a covered permit and that failure results 

in surface water quality or other environmental conditions 

that the Administrator determines are measurably worse 

than the baseline conditions as described in the permit 

(in the case of a Good Samaritan permit) or the conditions 

as described pursuant to subsection (d)(3)(B), if applicable 

(in the case of an investigative sampling permit), at the 

abandoned hardrock mine site, the Administrator shall— 

(i) notify the Good Samaritan or cooperating person, as applicable, of the failure to comply; and 

(ii) require the Good Samaritan or the cooperating 

person, as applicable, to undertake reasonable measures, as determined by the Administrator, to return 

surface water quality or other environmental conditions to those conditions. 

(F) FAILURE TO CORRECT.—Subparagraph (A) shall not 

apply to a Good Samaritan or cooperating person that 

fails to take any actions required under subparagraph 

(E)(ii) within a reasonable period of time, as established 

by the Administrator. 

(G) MINOR OR CORRECTED PERMIT VIOLATIONS.—For 

purposes of this paragraph, the failure to comply with 

a term, condition, or limitation of a Good Samaritan permit 

or investigative sampling permit shall not be considered 

a permit violation or noncompliance with that permit if— 
S. 2781—20 

(i) that failure or noncompliance does not result 

in a measurable adverse impact, as determined by 

the Administrator, on water quality or other environmental conditions; or 

(ii) the Good Samaritan or cooperating person complies with subparagraph (E)(ii). 

(o) PUBLIC NOTIFICATION OF ADVERSE EVENT.—A Good Samaritan shall notify all appropriate Federal, State, Tribal, and local 

entities of any unplanned or previously unknown release of historic 

mine residue caused by the actions of the Good Samaritan or 

any cooperating person in accordance with— 

(1) section 103 of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9603); 

(2) section 304 of the Emergency Planning and Community 

Right-To-Know Act of 1986 (42 U.S.C. 11004); 

(3) the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.); 

(4) any other applicable provision of Federal law; and 

(5) any other applicable provision of State, Tribal, or local 

law. 

(p) GRANT ELIGIBILITY.—A remediation project conducted under 

a Good Samaritan permit shall be eligible for funding pursuant 

to— 

(1) section 319 of the Federal Water Pollution Control 

Act (33 U.S.C. 1329), for activities that are eligible for funding 

under that section; and 

(2) section 104(k) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9604(k)), subject to the condition that the recipient of the 

funding is otherwise eligible under that section to receive a 

grant to assess or remediate contamination at the site covered 

by the Good Samaritan permit. 

(q) EMERGENCY AUTHORITY AND LIABILITY.— 

(1) EMERGENCY AUTHORITY.—Nothing in this section affects 

the authority of— 

(A) the Administrator to take any responsive action 

authorized by law; or 

(B) a Federal, State, Tribal, or local agency to carry 

out any emergency authority, including an emergency 

authority provided under Federal, State, Tribal, or local 

law. 

(2) LIABILITY.—Except as specifically provided in this Act, 

nothing in this Act, a Good Samaritan permit, or an investigative sampling permit limits the liability of any person (including 

a Good Samaritan or any cooperating person) under any provision of law. 

(r) TERMINATION OF GOOD SAMARITAN PERMIT.— 

(1) IN GENERAL.—A Good Samaritan permit shall terminate, as applicable— 

(A) on inspection and notice from the Administrator 

to the recipient of the Good Samaritan permit that the 

permitted work has been completed in accordance with 

the terms of the Good Samaritan permit, as determined 

by the Administrator; 

(B) if the Administrator terminates a permit under 

paragraph (4)(B); or 
S. 2781—21 

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

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

on which the Administrator granted the Good Samaritan permit, if the permitted work has not commenced 

by that date; or 

(ii) if the grant of the Good Samaritan permit 

was the subject of a petition for judicial review, on 

the date that is 18 months after the date on which 

the judicial review, including any appeals, has concluded, if the permitted work has not commenced by 

that date. 

(2) EXTENSION.— 

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

required to terminate a Good Samaritan permit under paragraph (1)(C), the Administrator may grant an extension 

of the Good Samaritan permit. 

(B) LIMITATION.—Any extension granted under 

subparagraph (A) shall be not more than 180 days for 

each extension. 

(3) EFFECT OF TERMINATION.— 

(A) IN GENERAL.—Notwithstanding the termination of 

a Good Samaritan permit under paragraph (1), but subject 

to subparagraph (B), the provisions of paragraphs (1) 

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

the Good Samaritan and any cooperating persons after 

the termination, including to any long-term operations and 

maintenance pursuant to the agreement under paragraph 

(5). 

(B) DEGRADATION OF SURFACE WATER QUALITY.— 

(i) OPPORTUNITY TO RETURN TO BASELINE CONDITIONS.—If, at the time that 1 or more of the conditions 

described in paragraph (1) are met but before the 

Good Samaritan permit is terminated, actions by the 

Good Samaritan or cooperating person have caused 

surface water quality at the abandoned hardrock mine 

site to be measurably worse, as determined by the 

Administrator, when compared to baseline conditions 

described in the permit, the Administrator shall, before 

terminating the Good Samaritan permit, provide the 

Good Samaritan or cooperating person, as applicable, 

the opportunity to return surface water quality to those 

baseline conditions. 

(ii) EFFECT.—If, pursuant to clause (i), the 

applicable Good Samaritan or cooperating person does 

not return the surface water quality at the abandoned 

hardrock mine site to the baseline conditions described 

in the permit, as determined by the Administrator, 

subparagraph (A) shall not apply to the Good Samaritan or any cooperating persons. 

(4) UNFORESEEN CIRCUMSTANCES.— 

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

permit may seek to modify or terminate the Good Samaritan permit to take into account any event or condition 

that— 

(i) significantly reduces the feasibility or significantly increases the cost of completing the remediation 
S. 2781—22 

project that is the subject of the Good Samaritan 

permit; 

(ii) was not— 

(I) reasonably contemplated by the recipient 

of the Good Samaritan permit; or 

(II) taken into account in the remediation plan 

of the recipient of the Good Samaritan permit; 

and 

(iii) is beyond the control of the recipient of the 

Good Samaritan permit, as determined by the Administrator. 

(B) TERMINATION.—The Administrator shall terminate 

a Good Samaritan permit if— 

(i) the recipient of the Good Samaritan permit 

seeks termination of the permit under subparagraph 

(A); 

(ii) the factors described in subparagraph (A) are 

satisfied; and 

(iii) the Administrator determines that remediation activities conducted by the Good Samaritan or 

cooperating person pursuant to the Good Samaritan 

permit may result in surface water quality conditions, 

or any other environmental conditions, that will be 

worse than the baseline conditions, as described in 

the Good Samaritan permit, as applicable. 

(5) LONG-TERM OPERATIONS AND MAINTENANCE.—In the 

case of a project that involves long-term operations and maintenance at an abandoned hardrock mine site located on land 

owned by the United States, the project may be considered 

complete and the Administrator, in coordination with the 

applicable Federal land management agency, may terminate 

the Good Samaritan permit under this subsection if the 

applicable Good Samaritan has entered into an agreement with 

the applicable Federal land management agency or a cooperating person for the long-term operations and maintenance 

that includes sufficient funding for the long-term operations 

and maintenance. 

(s) REGULATIONS.— (1) IN GENERAL.—Subject to paragraph (2), the Administrator, in consultation with the Secretary of the Interior and 

the Secretary of Agriculture, and appropriate State, Tribal, 

and local officials, may promulgate any regulations that the 

Administrator determines to be necessary to carry out this 

Act. 

(2) GUIDANCE IF NO REGULATIONS PROMULGATED.— 

(A) IN GENERAL.—If the Administrator does not initiate 

a regulatory process to promulgate regulations under paragraph (1) within 180 days after the date of enactment 

of this Act, the Administrator, in consultation with the 

Secretary of the Interior, the Secretary of Agriculture, and 

appropriate State, Tribal, and local officials, shall issue 

guidance establishing specific requirements that the 

Administrator determines would facilitate the implementation of this section. 

(B) PUBLIC COMMENTS.—Before finalizing any guidance 

issued under subparagraph (A), the Administrator shall 

hold a 30-day public comment period. 
S. 2781—23 

SEC. 5. SPECIAL ACCOUNTS. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States a Good Samaritan Mine Remediation Fund 

(referred to in this section as a ‘‘Fund’’) for— 

(1) each Federal land management agency that authorizes 

a Good Samaritan to conduct a project on Federal land under 

the jurisdiction of that Federal land management agency under 

a Good Samaritan permit; and 

(2) the Environmental Protection Agency. 

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

(1) amounts provided in appropriation Acts; 

(2) any proceeds from reprocessing deposited under section 

4(f)(4)(B)(iv); 

(3) any financial assurance funds collected from an agreement described in section 4(m)(1)(A)(vi)(V)(bb); 

(4) any funds collected for long-term operations and maintenance under an agreement under section 4(r)(5); and 

(5) any amounts donated to the Fund by any person. 

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

needed to carry out this Act shall be maintained as readily available 

or on deposit. 

(d) RETAIN AND USE AUTHORITY.—The Administrator and each 

head of a Federal land management agency, as appropriate, may, 

notwithstanding any other provision of law, retain and use money 

deposited in the applicable Fund without fiscal year limitation 

for the purpose of carrying out this Act. 

SEC. 6. REPORT TO CONGRESS. 

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

enactment of this Act, the Administrator, in consultation with the 

heads of Federal land management agencies, shall submit to the 

Committee on Environment and Public Works of the Senate and 

the Committees on Transportation and Infrastructure, Energy and 

Commerce, and Natural Resources of the House of Representatives 

a report evaluating the Good Samaritan pilot program under this 

Act. 

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

include— 

(1) a description of— 

(A) the number, types, and objectives of Good Samaritan permits granted pursuant to this Act; and 

(B) each remediation project authorized by those Good 

Samaritan permits; 

(2) interim or final qualitative and quantitative data on 

the results achieved under the Good Samaritan permits before 

the date of issuance of the report; 

(3) a description of— 

(A) any problems encountered in administering this 

Act; and 

(B) whether the problems have been or can be remedied 

by administrative action (including amendments to existing 

law); 

(4) a description of progress made in achieving the purposes 

of this Act; and 
S. 2781—24 

(5) recommendations on whether the Good Samaritan pilot 

program under this Act should be continued, including a 

description of any modifications (including amendments to 

existing law) required to continue administering this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.