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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Enrolled Bill (ENR)]

        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 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 mine-scarred 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.
        (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).
        (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;
        (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.
    (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 operators.--
            (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;
        (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 site-
                specific 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

                (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.
    (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--
                (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 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
            (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;
                (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 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 off-
    reservation 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.--
            (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--
                (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 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 third-
                    party 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 third-party 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 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--
                (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--
                (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
            (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 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.
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
        (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.
```