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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 2781

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2023

Mr. Heinrich (for himself, Mr. Risch, Mr. Hickenlooper, Mr. Crapo, Ms. 
Sinema, Mr. Daines, Mr. Lujan, Mr. Barrasso, Mr. Kelly, Ms. Lummis, Mr. 
    Tester, Mr. Thune, Ms. Cortez Masto, Mr. Cramer, Ms. Rosen, Mr. 
   Boozman, Mr. Bennet, Mr. Sullivan, and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
   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 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Abandoned mine site.--
                    (A) In general.--The term ``abandoned 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 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 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) 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 mine site described in 
                        the permit application; or
                            (ii) a person that had a role in the 
                        creation of historic mine residue at the 
                        abandoned mine site described in the permit 
                        application.
            (5) Covered permit.--The term ``covered permit'' means--
                    (A) a Good Samaritan permit; and
                    (B) an investigative sampling permit.
            (6) 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.
            (7) 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 mine site at which the 
                        historic mine residue is located; or
                            (ii) a portion of that abandoned 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.
            (8) Good samaritan permit.--The term ``Good Samaritan 
        permit'' means a permit granted by the Administrator under 
        section 4(a)(1).
            (9) Historic mine residue.--
                    (A) In general.--The term ``historic mine residue'' 
                means mine residue or any condition at an abandoned 
                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, 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 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 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)).
            (10) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 518(h) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1377(h)).
            (11) Investigative sampling permit.--The term 
        ``investigative sampling permit'' means a permit granted by the 
        Administrator under section 4(d)(1).
            (12) 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)); and
                    (B) section 101(21) of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601(21)).
            (13) 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 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 
                mine site.
            (14) Reservation.--The term ``reservation'' has the meaning 
        given the term ``Indian country'' in section 1151 of title 18, 
        United States Code.
            (15) 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 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 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 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 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 mine 
        site, a person shall demonstrate that--
                    (A) the abandoned 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 mine site of historic 
                mine residue;
                    (C) the proposed activities are designed to result 
                in the partial, interim, or complete remediation of 
                historic mine residue at the abandoned mine site;
                    (D) the proposed project poses a low risk to the 
                environment;
                    (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 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 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 mine site (including the 
        boundaries of the abandoned 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 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 environmental 
        conditions, including potentially affected surface water 
        quality and hydrological conditions, affected 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 mine site;
                    (B) the flow rate and concentration of any drainage 
                of historic mine residue or other discharge from the 
                abandoned 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 public health or the environment;
            (7) subject to subsection (d), a remediation plan for the 
        abandoned 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 designed--
                            (i) to improve or enhance water quality or 
                        site-specific soil quality relevant to the 
                        historic mine residue addressed by the 
                        remediation plan, including making measurable 
                        progress toward achieving applicable water 
                        quality standards; or
                            (ii) to otherwise protect human health and 
                        the environment (including through the 
                        prevention of a release, discharge, or threat 
                        of release to water or soil);
                    (C) the monitoring or other form 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 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 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, 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 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, 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 (6) 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), (5), and (6) of subsection (c);
                    (B) the evidence required under subsection (c)(3);
                    (C) each plan required under paragraphs (9) and 
                (10) of subsection (c); and
                    (D) 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, or water that only includes the 
                requirements described in paragraph (1), the 
                Administrator may only grant an investigative sampling 
                permit that authorizes the person only to carry out the 
                plan of investigative sampling of historic mine 
                residue, soil, 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, or water, a Good Samaritan shall--
                            (i) collect samples that are representative 
                        of the conditions present at the abandoned 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) Post-sampling remediation.--
                    (A) Refusal to convert permit.--Subject to 
                subparagraph (B), 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 (6); and
                            (ii) to undertake remediation activities on 
                        the site where investigative sampling was 
                        conducted on conclusion of investigative 
                        sampling.
                    (B) Return to preexisting conditions.--If the 
                activities carried out by a Good Samaritan under an 
                investigative sampling permit result in surface water 
                quality conditions, or any other environmental or 
                safety conditions, that are worse than the preexisting 
                conditions of the applicable abandoned mine site due to 
                historic mine residue at the abandoned mine site, the 
                Good Samaritan shall return the abandoned mine site to 
                those preexisting conditions.
            (6) 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).
    (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 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 monitoring, monitoring during the 
                remediation project, and post-remediation monitoring of 
                the environment under paragraphs (6), (7), and (15), 
                respectively, 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 allow the Good 
Samaritan to return to the abandoned mine site after the completion of 
the remediation to perform operations and maintenance or other work--
            (1) to ensure the functionality of the abandoned 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 mine site 
under this section, 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 a proposed remediation project that is reasonably 
        anticipated to be adversely impacted by a potential release of 
        contaminants from the abandoned 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 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 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, the applicable 
                        Federal land management agency; and
                            (ii) in the case of a proposed project on 
                        State, Tribal, or private land, the 
                        Administrator.
                    (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.
                            (ii) Significant impact.--If the head of 
                        the lead agency determines that a project would 
                        likely have a significant impact on the 
                        environment, 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 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 mine 
                        site to protect public 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 subsection 
                        (c)(6), will make measurable progress toward 
                        achieving--
                                    (I) applicable water quality 
                                standards;
                                    (II) improved soil quality;
                                    (III) other improved environmental 
                                or safety conditions; or
                                    (IV) reductions in threats to soil 
                                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 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 Good Samaritan permit and after the 
                termination of the Good Samaritan permit;
                    (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 Good Samaritan permit and after 
                the termination of the Good Samaritan permit; 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 Good Samaritan permit shall be subject to 
                all applicable law.
                    (B) Liability.--Any activity not authorized by a 
                Good Samaritan 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 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 Good Samaritan 
                permit and after termination of the Good Samaritan 
                permit.
                    (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 are measurably worse than 
                baseline conditions at the abandoned 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 
                        baseline 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 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); and
            (2) section 104(k) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9604(k)).
    (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 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 or an investigative sampling 
                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.--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 mine site to be measurably worse, as 
                        compared to baseline conditions described in 
                        subsection (c)(6), 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 mine site to the 
                        baseline conditions described in subsection 
                        (c)(6), subparagraph (A) shall not apply to the 
                        Good Samaritan or any cooperating persons.
            (4) Unforeseen circumstances.--
                    (A) In general.--The recipient of a covered permit 
                may seek to modify or terminate the covered 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 covered permit;
                            (ii) was not--
                                    (I) reasonably contemplated by the 
                                recipient of the permit; or
                                    (II) taken into account in the 
                                remediation plan of the recipient of 
                                the permit; and
                            (iii) is beyond the control of the 
                        recipient of the permit, as determined by the 
                        Administrator.
                    (B) Termination.--The Administrator shall terminate 
                a covered permit if--
                            (i) the recipient of the 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 
                        covered permit may result in surface water 
                        quality conditions, or any other environmental 
                        conditions, that will be worse than the 
                        baseline conditions, as described in subsection 
                        (c)(6), as applicable.
            (5) Long-term operations and maintenance.--In the case of a 
        project that involves long-term operations and maintenance at 
        an abandoned mine site located on land owned by the United 
        States, the project may be considered complete and the 
        Administrator 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), not later than 
        18 months after the date of enactment of this Act, the 
        Administrator, in consultation with the Secretary of the 
        Interior and the Secretary of Agriculture, and appropriate 
        State, Tribal, and local officials, shall promulgate 
        regulations to establish--
                    (A) requirements for remediation plans described in 
                subsection (c); and
                    (B) any other requirement that the Administrator 
                determines to be necessary to carry out this Act.
            (2) Specific requirements before promulgation.--Before the 
        date on which the Administrator promulgates regulations under 
        paragraph (1), the Administrator may establish, on a case-by-
        case basis, specific requirements that the Administrator 
        determines would facilitate the implementation of this section 
        with respect to a Good Samaritan permitting program.

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);
            (5) any interest earned under an investment under 
        subsection (c);
            (6) any proceeds from the sale or redemption of investments 
        held in the Fund; and
            (7) 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--
            (1) maintained as readily available or on deposit;
            (2) invested in obligations of the United States or 
        guaranteed by the United States; or
            (3) invested in obligations, participations, or other 
        instruments that are lawful investments for a fiduciary, a 
        trust, or public funds.
    (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) 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.
                                 <all>
```