118TH CONGRESS 

2D SESSION S. 2781 

AN ACT 

To promote remediation of abandoned hardrock mines, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 2781 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Good Samaritan Reme3 diation of Abandoned Hardrock Mines Act of 2024’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ABANDONED HARDROCK MINE SITE.— 

7 (A) IN GENERAL.—The term ‘‘abandoned 

8 hardrock mine site’’ means an abandoned or in9 active hardrock mine site and any facility asso10 ciated with an abandoned or inactive hardrock 

11 mine site— 

12 (i) that was used for the production of 

13 a mineral other than coal conducted on 

14 Federal land under sections 2319 through 

15 2352 of the Revised Statutes (commonly 

16 known as the ‘‘Mining Law of 1872’’; 30 

17 U.S.C. 22 et seq.) or on non-Federal land; 

18 and 

19 (ii) for which, based on information 

20 supplied by the Good Samaritan after re21 view of publicly available data and after re22 view of other information in the possession 

23 of the Administrator, the Administrator or, 

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

25 United States, the Federal land manage26 ment agency, determines that no respon-
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1 sible owner or operator has been identi2 fied— 

3 (I) who is potentially liable for, 

4 or has been required to perform or 

5 pay for, environmental remediation 

6 activities under applicable law; and 

7 (II) other than, in the case of a 

8 mine site located on land owned by 

9 the United States, a Federal land 

10 management agency that has not been 

11 involved in mining activity on that 

12 land, except that the approval of a 

13 plan of operations under the hardrock 

14 mining regulations of the applicable 

15 Federal land management agency 

16 shall not be considered involvement in 

17 the mining activity. 

18 (B) INCLUSION.—The term ‘‘abandoned 

19 hardrock mine site’’ includes a hardrock mine 

20 site (including associated facilities) that was 

21 previously the subject of a completed response 

22 action under the Comprehensive Environmental 

23 Response, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9601 et seq.) or a similar 

25 Federal and State reclamation or cleanup pro-
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1 gram, including the remediation of mine-scarred 

2 land under the brownfields revitalization pro3 gram under section 104(k) of that Act (42 

4 U.S.C. 9604(k)). 

5 (C) EXCLUSIONS.—The term ‘‘abandoned 

6 hardrock mine site’’ does not include a mine 

7 site (including associated facilities)— 

8 (i) in a temporary shutdown or ces9 sation; 

10 (ii) included on the National Priorities 

11 List developed by the President in accord12 ance with section 105(a)(8)(B) of the 

13 Comprehensive Environmental Response, 

14 Compensation, and Liability Act of 1980 

15 (42 U.S.C. 9605(a)(8)(B)) or proposed for 

16 inclusion on that list; 

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

18 ongoing response action under the Com19 prehensive Environmental Response, Com20 pensation, and Liability Act of 1980 (42 

21 U.S.C. 9601 et seq.) or a similar Federal 

22 and State reclamation or cleanup program; 

23 (iv) that has a responsible owner or 

24 operator; or 
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1 (v) that actively mined or processed 

2 minerals after December 11, 1980. 

3 (2) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (3) APPLICABLE WATER QUALITY STAND7 ARDS.—The term ‘‘applicable water quality stand8 ards’’ means the water quality standards promul9 gated by the Administrator or adopted by a State or 

10 Indian tribe and approved by the Administrator pur11 suant to the Federal Water Pollution Control Act 

12 (33 U.S.C. 1251 et seq.). 

13 (4) BASELINE CONDITIONS.—The term ‘‘base14 line conditions’’ means the concentrations, locations, 

15 and releases of any hazardous substances, pollut16 ants, or contaminants, as described in the Good Sa17 maritan permit, present at an abandoned hardrock 

18 mine site prior to undertaking any action under this 

19 Act. 

20 (5) COOPERATING PERSON.— 

21 (A) IN GENERAL.—The term ‘‘cooperating 

22 person’’ means any person that is named by the 

23 Good Samaritan in the permit application as a 

24 cooperating entity. 
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1 (B) EXCLUSIONS.—The term ‘‘cooperating 

2 person’’ does not include— 

3 (i) a responsible owner or operator 

4 with respect to the abandoned hardrock 

5 mine site described in the permit applica6 tion; 

7 (ii) a person that had a role in the 

8 creation of historic mine residue at the 

9 abandoned hardrock mine site described in 

10 the permit application; or 

11 (iii) a Federal agency. 

12 (6) COVERED PERMIT.—The term ‘‘covered per13 mit’’ means— 

14 (A) a Good Samaritan permit; and 

15 (B) an investigative sampling permit. 

16 (7) FEDERAL LAND MANAGEMENT AGENCY.— 

17 The term ‘‘Federal land management agency’’ 

18 means any Federal agency authorized by law or ex19 ecutive order to exercise jurisdiction, custody, or 

20 control over land owned by the United States. 

21 (8) GOOD SAMARITAN.—The term ‘‘Good Sa22 maritan’’ means a person that, with respect to his23 toric mine residue, as determined by the Adminis24 trator— 
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1 (A) is not a past or current owner or oper2 ator of— 

3 (i) the abandoned hardrock mine site 

4 at which the historic mine residue is lo5 cated; or 

6 (ii) a portion of that abandoned 

7 hardrock mine site; 

8 (B) had no role in the creation of the his9 toric mine residue; and 

10 (C) is not potentially liable under any Fed11 eral, State, Tribal, or local law for the remedi12 ation, treatment, or control of the historic mine 

13 residue. 

14 (9) GOOD SAMARITAN PERMIT.—The term 

15 ‘‘Good Samaritan permit’’ means a permit granted 

16 by the Administrator under section 4(a)(1). 

17 (10) HISTORIC MINE RESIDUE.— 

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

19 mine residue’’ means mine residue or any con20 dition at an abandoned hardrock mine site re21 sulting from hardrock mining activities. 

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

23 mine residue’’ includes— 
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1 (i) previously mined ores and minerals 

2 other than coal that contribute to acid 

3 mine drainage or other pollution; 

4 (ii) equipment (including materials in 

5 equipment); 

6 (iii) any tailings facilities, heap leach 

7 piles, dump leach piles, waste rock, over8 burden, slag piles, or other waste or mate9 rial resulting from any extraction, 

10 beneficiation, or other processing activity 

11 that occurred during the active operation 

12 of an abandoned hardrock mine site; 

13 (iv) any acidic or otherwise polluted 

14 flow in surface water or groundwater that 

15 originates from, or is pooled and contained 

16 in, an inactive or abandoned hardrock 

17 mine site, such as underground workings, 

18 open pits, in-situ leaching operations, 

19 ponds, or impoundments; 

20 (v) any hazardous substance (as de21 fined in section 101 of the Comprehensive 

22 Environmental Response, Compensation, 

23 and Liability Act of 1980 (42 U.S.C. 

24 9601)); 
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1 (vi) any pollutant or contaminant (as 

2 defined in section 101 of the Comprehen3 sive Environmental Response, Compensa4 tion, and Liability Act of 1980 (42 U.S.C. 

5 9601)); and 

6 (vii) any pollutant (as defined in sec7 tion 502 of the Federal Water Pollution 

8 Control Act (33 U.S.C. 1362)). 

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

10 has the meaning given the term in— 

11 (A) section 518(h) of the Federal Water 

12 Pollution Control Act (33 U.S.C. 1377(h)); or 

13 (B) section 101 of the Comprehensive En14 vironmental Response, Compensation, and Li15 ability Act of 1980 (42 U.S.C. 9601). 

16 (12) INVESTIGATIVE SAMPLING PERMIT.—The 

17 term ‘‘investigative sampling permit’’ means a per18 mit granted by the Administrator under section 

19 4(d)(1). 

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

21 entity described in— 

22 (A) section 502(5) of the Federal Water 

23 Pollution Control Act (33 U.S.C. 1362(5)); or 
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1 (B) section 101(21) of the Comprehensive 

2 Environmental Response, Compensation, and 

3 Liability Act of 1980 (42 U.S.C. 9601(21)). 

4 (14) REMEDIATION.— 

5 (A) IN GENERAL.—The term ‘‘remedi6 ation’’ means any action taken to investigate, 

7 characterize, or cleanup, in whole or in part, a 

8 discharge, release, or threat of release of a haz9 ardous substance, pollutant, or contaminant 

10 into the environment at or from an abandoned 

11 hardrock mine site, or to otherwise protect and 

12 improve human health and the environment. 

13 (B) INCLUSION.—The term ‘‘remediation’’ 

14 includes any action to remove, treat, or contain 

15 historic mine residue to prevent, minimize, or 

16 reduce— 

17 (i) the release or threat of release of 

18 a hazardous substance, pollutant, or con19 taminant that would harm human health 

20 or the environment; or 

21 (ii) a migration or discharge of a haz22 ardous substance, pollutant, or contami23 nant that would harm human health or the 

24 environment. 
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1 (C) EXCLUSION.—The term ‘‘remediation’’ 

2 does not include any action that requires plug3 ging, opening, or otherwise altering the portal 

4 or adit of the abandoned hardrock mine site. 

5 (15) RESERVATION.—The term ‘‘reservation’’ 

6 has the meaning given the term ‘‘Indian country’’ in 

7 section 1151 of title 18, United States Code. 

8 (16) RESPONSIBLE OWNER OR OPERATOR.— 

9 The term ‘‘responsible owner or operator’’ means a 

10 person that is— 

11 (A)(i) legally responsible under section 301 

12 of the Federal Water Pollution Control Act (33 

13 U.S.C. 1311) for a discharge that originates 

14 from an abandoned hardrock mine site; and 

15 (ii) financially able to comply with each re16 quirement described in that section; or 

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

18 or other person that is liable with respect to a 

19 release or threat of release of a hazardous sub20 stance, pollutant, or contaminant associated 

21 with the historic mine residue at or from an 

22 abandoned hardrock mine site under section 

23 104, 106, 107, or 113 of the Comprehensive 

24 Environmental Response, Compensation, and 
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1 Liability Act of 1980 (42 U.S.C. 9604, 9606, 

2 9607, 9613); and 

3 (ii) financially able to comply with each re4 quirement described in those sections, as appli5 cable. 

6 SEC. 3. SCOPE. 

7 Nothing in this Act— 

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

9 any existing liability under Federal, State, or local 

10 law; 

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

12 any person from liability under Federal, State, or 

13 local law, except in compliance with this Act; 

14 (3) authorizes the conduct of any mining or 

15 processing other than the conduct of any processing 

16 of previously mined ores, minerals, wastes, or other 

17 materials that is authorized by a Good Samaritan 

18 permit; 

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

20 Federal land management agency pursuant to sec21 tion 107 of the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of 1980 (42 

23 U.S.C. 9607) or section 301 of the Federal Water 

24 Pollution Control Act (33 U.S.C. 1311); or 
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1 (5) relieves the United States or any Federal 

2 land management agency from any liability under 

3 section 107 of the Comprehensive Environmental 

4 Response, Compensation, and Liability Act of 1980 

5 (42 U.S.C. 9607) or section 301 of the Federal 

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

7 exists apart from any action undertaken pursuant to 

8 this Act. 

9 SEC. 4. ABANDONED HARDROCK MINE SITE GOOD SAMARI10 TAN PILOT PROJECT AUTHORIZATION. 

11 (a) ESTABLISHMENT.— 

12 (1) IN GENERAL.—The Administrator shall es13 tablish a pilot program under which the Adminis14 trator shall grant not more than 15 Good Samaritan 

15 permits to carry out projects to remediate historic 

16 mine residue at any portions of abandoned hardrock 

17 mine sites in accordance with this Act. 

18 (2) OVERSIGHT OF PERMITS.—The Adminis19 trator may oversee the remediation project under 

20 paragraph (1), and any action taken by the applica21 ble Good Samaritan or any cooperating person 

22 under the applicable Good Samaritan permit, for the 

23 duration of the Good Samaritan permit, as the Ad24 ministrator determines to be necessary to review the 

25 status of the project. 
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1 (3) SUNSET.— 

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

3 subparagraph (B), the pilot program described 

4 in paragraph (1) shall terminate on the date 

5 that is 7 years after the date of enactment of 

6 this Act. 

7 (B) EXCEPTION.—Notwithstanding sub8 paragraph (A), the Administrator may grant a 

9 Good Samaritan permit pursuant to this Act 

10 after the date identified in subparagraph (A) if 

11 the application for the Good Samaritan per12 mit— 

13 (i) was submitted not later than 180 

14 days before that date; and 

15 (ii) was completed in accordance with 

16 subsection (c) by not later than 7 years 

17 after the date of enactment of this Act. 

18 (C) EFFECT ON CERTAIN PERMITS.—Any 

19 Good Samaritan permit granted by the deadline 

20 prescribed in subparagraph (A) or (B), as ap21 plicable, that is in effect on the date that is 7 

22 years after the date of enactment of this Act 

23 shall remain in effect after that date in accord24 ance with— 
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1 (i) the terms and conditions of the 

2 Good Samaritan permit; and 

3 (ii) this Act. 

4 (b) GOOD SAMARITAN PERMIT ELIGIBILITY.— 

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

6 Good Samaritan permit to carry out a project to re7 mediate an abandoned hardrock mine site, a person 

8 shall demonstrate that, as determined by the Admin9 istrator— 

10 (A) the abandoned hardrock mine site that 

11 is the subject of the application for a Good Sa12 maritan permit is located in the United States; 

13 (B) the purpose of the proposed project is 

14 the remediation at that abandoned hardrock 

15 mine site of historic mine residue; 

16 (C) the proposed activities are designed to 

17 result in the partial or complete remediation of 

18 historic mine residue at the abandoned 

19 hardrock mine site within the term of the Good 

20 Samaritan permit; 

21 (D) the proposed project poses a low risk 

22 to the environment, as determined by the Ad23 ministrator; 

24 (E) to the satisfaction of the Adminis25 trator, the person— 
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1 (i) possesses, or has the ability to se2 cure, the financial and other resources nec3 essary— 

4 (I) to complete the permitted 

5 work, as determined by the Adminis6 trator; and 

7 (II) to address any contingencies 

8 identified in the Good Samaritan per9 mit application described in subsection 

10 (c); 

11 (ii) possesses the proper and appro12 priate experience and capacity to complete 

13 the permitted work; and 

14 (iii) will complete the permitted work; 

15 and 

16 (F) the person is a Good Samaritan with 

17 respect to the historic mine residue proposed to 

18 be covered by the Good Samaritan permit. 

19 (2) IDENTIFICATION OF ALL RESPONSIBLE

20 OWNERS OR OPERATORS.— 

21 (A) IN GENERAL.—A Good Samaritan 

22 shall make reasonable and diligent efforts to 

23 identify, from a review of publicly available in24 formation in land records or on internet 

25 websites of Federal, State, and local regulatory 
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1 authorities, all responsible owners or operators 

2 of an abandoned hardrock mine site proposed to 

3 be remediated by the Good Samaritan under 

4 this section. 

5 (B) EXISTING RESPONSIBLE OWNER OR

6 OPERATOR.—If the Administrator determines, 

7 based on information provided by a Good Sa8 maritan or otherwise, that a responsible owner 

9 or operator exists for an abandoned hardrock 

10 mine site proposed to be remediated by the 

11 Good Samaritan, the Administrator shall deny 

12 the application for a Good Samaritan permit. 

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

14 Samaritan permit, a person shall submit to the Adminis15 trator an application, signed by the person and any co16 operating person, that provides, to the extent known or 

17 reasonably discoverable by the person on the date on which 

18 the application is submitted— 

19 (1) a description of the abandoned hardrock 

20 mine site (including the boundaries of the aban21 doned hardrock mine site) proposed to be covered by 

22 the Good Samaritan permit; 

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

24 involved in the remediation project, including any co25 operating person and each member of an applicable 
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1 corporation, association, partnership, consortium, 

2 joint venture, commercial entity, or nonprofit asso3 ciation; 

4 (3) evidence that the person has or will acquire 

5 all legal rights or the authority necessary to enter 

6 the relevant abandoned hardrock mine site and per7 form the remediation described in the application; 

8 (4) a detailed description of the historic mine 

9 residue to be remediated; 

10 (5) a detailed description of the expertise and 

11 experience of the person and the resources available 

12 to the person to successfully implement and com13 plete the remediation plan under paragraph (7); 

14 (6) to the satisfaction of the Administrator and 

15 subject to subsection (d), a description of the base16 line conditions caused by the historic mine residue to 

17 be remediated that includes— 

18 (A) the nature and extent of any adverse 

19 impact on the water quality of any body of 

20 water caused by the drainage of historic mine 

21 residue or other discharges from the abandoned 

22 hardrock mine site; 

23 (B) the flow rate and concentration of any 

24 drainage of historic mine residue or other dis25 charge from the abandoned hardrock mine site 
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1 in any body of water that has resulted in an ad2 verse impact described in subparagraph (A); 

3 and 

4 (C) any other release or threat of release 

5 of historic mine residue that has resulted in an 

6 adverse impact to human health or the environ7 ment; 

8 (7) subject to subsection (d), a remediation 

9 plan for the abandoned hardrock mine site that de10 scribes— 

11 (A) the nature and scope of the proposed 

12 remediation activities, including— 

13 (i) any historic mine residue to be ad14 dressed by the remediation plan; and 

15 (ii) a description of the goals of the 

16 remediation including, if applicable, with 

17 respect to— 

18 (I) the reduction or prevention of 

19 a release, threat of release, or dis20 charge to surface waters; or 

21 (II) other appropriate goals relat22 ing to water or soil; 

23 (B) each activity that the person proposes 

24 to take that is— 

25 (i) designed to— 
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1 (I) improve or enhance water 

2 quality or site-specific soil or sediment 

3 quality relevant to the historic mine 

4 residue addressed by the remediation 

5 plan, including making measurable 

6 progress toward achieving applicable 

7 water quality standards; or 

8 (II) otherwise protect human 

9 health and the environment (including 

10 through the prevention of a release, 

11 discharge, or threat of release to 

12 water, sediment, or soil); and 

13 (ii) otherwise necessary to carry out 

14 an activity described in subclause (I) or 

15 (II) of clause (i); 

16 (C) a plan describing the monitoring or 

17 other forms of assessment that will be under18 taken by the person to evaluate the success of 

19 the activities described in subparagraph (A) 

20 during and after the remediation, with respect 

21 to the baseline conditions, as described in para22 graph (6); 

23 (D) to the satisfaction of the Adminis24 trator, detailed engineering plans for the 

25 project; 
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1 (E) detailed plans for any proposed recy2 cling or reprocessing of historic mine residue to 

3 be conducted by the person (including a de4 scription of how all proposed recycling or re5 processing activities contribute to the remedi6 ation of the abandoned hardrock mine site); 

7 and 

8 (F) identification of any proposed con9 tractor that will perform any remediation activ10 ity; 

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

12 work to be carried out under the project, including 

13 a schedule for periodic reporting by the person on 

14 the remediation of the abandoned hardrock mine 

15 site; 

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

17 designed for mining remediation work; 

18 (10) a specific contingency plan that— 

19 (A) includes provisions on response and 

20 notification to Federal, State, Tribal, and local 

21 authorities with jurisdiction over downstream 

22 waters that have the potential to be impacted 

23 by an unplanned release or discharge of haz24 ardous substances, pollutants, or contaminants; 

25 and 
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1 (B) is designed to respond to unplanned 

2 adverse events (such as adverse weather events 

3 or a potential fluid release that may result from 

4 addressing pooled water or hydraulic pressure 

5 situations), including the sudden release of his6 toric mine residue; 

7 (11) subject to subsection (d), a project budget 

8 and description of financial resources that dem9 onstrate that the permitted work, including any op10 eration and maintenance, will be completed; 

11 (12) subject to subsection (d), information dem12 onstrating that the applicant has the financial re13 sources to carry out the remediation (including any 

14 long-term monitoring that may be required by the 

15 Good Samaritan permit) or the ability to secure an 

16 appropriate third-party financial assurance, as deter17 mined by the Administrator, to ensure completion of 

18 the permitted work, including any long-term oper19 ations and maintenance of remediation activities 

20 that may be— 

21 (A) proposed in the application for the 

22 Good Samaritan permit; or 

23 (B) required by the Administrator as a 

24 condition of granting the permit; 
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1 (13) subject to subsection (d), a detailed plan 

2 for any required operation and maintenance of any 

3 remediation, including a timeline, if necessary; 

4 (14) subject to subsection (d), a description of 

5 any planned post-remediation monitoring, if nec6 essary; and 

7 (15) subject to subsection (d), any other appro8 priate information, as determined by the Adminis9 trator or the applicant. 

10 (d) INVESTIGATIVE SAMPLING.— 

11 (1) INVESTIGATIVE SAMPLING PERMITS.—The 

12 Administrator may grant an investigative sampling 

13 permit for a period determined by the Administrator 

14 to authorize a Good Samaritan to conduct investiga15 tive sampling of historic mine residue, soil, sediment, 

16 or water to determine— 

17 (A) baseline conditions; and 

18 (B) whether the Good Samaritan— 

19 (i) is willing to perform further reme20 diation to address the historic mine res21 idue; and 

22 (ii) will proceed with a permit conver23 sion under subsection (e)(1). 

24 (2) NUMBER OF PERMITS.— 
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1 (A) LIMITATION.— Subject to subpara2 graph (B), the Administrator may grant not 

3 more than 15 investigative sampling permits. 

4 (B) APPLICABILITY TO CONVERTED PER5 MITS.—An investigative sampling permit that is 

6 not converted to a Good Samaritan permit pur7 suant to paragraph (5) may be eligible for 

8 reissuance by the Administrator subject to the 

9 overall total of not more than 15 investigative 

10 sampling permits allowed at any 1 time de11 scribed in subparagraph (A). 

12 (3) APPLICATION.—If a Good Samaritan pro13 poses to conduct investigative sampling, the Good 

14 Samaritan shall submit to the Administrator an in15 vestigative sampling permit application that con16 tains, to the satisfaction of the Administrator— 

17 (A) each description required under para18 graphs (1), (2), and (5) of subsection (c); 

19 (B) to the extent reasonably known to the 

20 applicant, any previously documented water 

21 quality data describing conditions at the aban22 doned hardrock mine site; 

23 (C) the evidence required under subsection 

24 (c)(3); 
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1 (D) each plan required under paragraphs 

2 (9) and (10) of subsection (c); and 

3 (E) a detailed plan of the investigative 

4 sampling. 

5 (4) REQUIREMENTS.— 

6 (A) IN GENERAL.—If a person submits an 

7 application that proposes only investigative 

8 sampling of historic mine residue, soil, sedi9 ment, or water that only includes the require10 ments described in paragraph (1), the Adminis11 trator may grant an investigative sampling per12 mit that authorizes the person only to carry out 

13 the plan of investigative sampling of historic 

14 mine residue, soil, sediment, or water, as de15 scribed in the investigative sampling permit ap16 plication under paragraph (3). 

17 (B) REPROCESSING.—An investigative 

18 sampling permit— 

19 (i) shall not authorize a Good Samari20 tan or cooperating person to conduct any 

21 reprocessing of material; and 

22 (ii) may authorize metallurgical test23 ing of historic mine residue to determine 

24 whether reprocessing under subsection 

25 (f)(4)(B) is feasible. 
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1 (C) REQUIREMENTS RELATING TO SAM2 PLES.—In conducting investigative sampling of 

3 historic mine residue, soil, sediment, or water, 

4 a Good Samaritan shall— 

5 (i) collect samples that are representa6 tive of the conditions present at the aban7 doned hardrock mine site that is the sub8 ject of the investigative sampling permit; 

9 and 

10 (ii) retain publicly available records of 

11 all sampling events for a period of not less 

12 than 3 years. 

13 (5) PERMIT CONVERSION.—Not later than 1 

14 year after the date on which the investigative sam15 pling under the investigative sampling permit con16 cludes, a Good Samaritan to whom an investigative 

17 sampling permit is granted under paragraph (1) 

18 may apply to convert an investigative sampling per19 mit into a Good Samaritan permit under subsection 

20 (e)(1). 

21 (6) PERMIT NOT CONVERTED.— 

22 (A) IN GENERAL.—Subject to subpara23 graph (B)(ii)(I), a Good Samaritan who obtains 

24 an investigative sampling permit may decline— 
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1 (i) to apply to convert the investiga2 tive sampling permit into a Good Samari3 tan permit under paragraph (5); and 

4 (ii) to undertake remediation activities 

5 on the site where investigative sampling 

6 was conducted on conclusion of investiga7 tive sampling. 

8 (B) EFFECT OF LACK OF CONVERSION.— 

9 (i) IN GENERAL.—Notwithstanding a 

10 refusal by a Good Samaritan to convert an 

11 investigative sampling permit into a Good 

12 Samaritan permit under subparagraph (A), 

13 but subject to clause (ii), the provisions of 

14 paragraphs (1) through (4) of subsection 

15 (n) shall continue to apply to the Good Sa16 maritan and any cooperating persons after 

17 the refusal to convert. 

18 (ii) DEGRADATION OF SURFACE

19 WATER QUALITY.— 

20 (I) OPPORTUNITY TO COR21 RECT.—If, before the date on which a 

22 Good Samaritan refuses to convert an 

23 investigative sampling permit under 

24 subparagraph (A), actions by the 

25 Good Samaritan or any cooperating 
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1 person have caused conditions at the 

2 abandoned hardrock mine site to be 

3 measurably worse, as determined by 

4 the Administrator, when compared to 

5 conditions described pursuant to para6 graph (3)(B), if applicable, the Ad7 ministrator shall provide the Good Sa8 maritan or cooperating person, as ap9 plicable, the opportunity to return the 

10 conditions at the abandoned hardrock 

11 mine site to those conditions. 

12 (II) EFFECT.—If, pursuant to 

13 subclause (I), the applicable Good Sa14 maritan or cooperating person does 

15 not return the surface water quality 

16 at the abandoned hardrock mine site 

17 to conditions described pursuant to 

18 paragraph (3)(B), if applicable, as de19 termined by the Administrator, clause 

20 (i) shall not apply to the Good Samar21 itan or any cooperating persons. 

22 (e) INVESTIGATIVE SAMPLING CONVERSION.— 

23 (1) IN GENERAL.—A person to which an inves24 tigative sampling permit was granted may submit to 

25 the Administrator an application in accordance with 
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1 paragraph (2) to convert the investigative sampling 

2 permit into a Good Samaritan permit. 

3 (2) APPLICATION.— 

4 (A) INVESTIGATIVE SAMPLING.—An appli5 cation for the conversion of an investigative 

6 sampling permit under paragraph (1) shall in7 clude any requirement described in subsection 

8 (c) that was not included in full in the applica9 tion submitted under subsection (d)(3). 

10 (B) PUBLIC NOTICE AND COMMENT.—An 

11 application for permit conversion under this 

12 paragraph shall be subject to— 

13 (i) environmental review and public 

14 comment procedures required by sub15 section (l); and 

16 (ii) a public hearing, if requested. 

17 (f) CONTENT OF PERMITS.— 

18 (1) IN GENERAL.—A Good Samaritan permit 

19 shall contain— 

20 (A) the information described in subsection 

21 (c), including any modification required by the 

22 Administrator; 

23 (B)(i) a provision that states that the 

24 Good Samaritan is responsible for securing, for 

25 all activities authorized under the Good Samari-
30 

†S 2781 ES

1 tan permit, all authorizations, licenses, and per2 mits that are required under applicable law ex3 cept for— 

4 (I) section 301, 302, 306, 307, 402, 

5 or 404 of the Federal Water Pollution 

6 Control Act (33 U.S.C. 1311, 1312, 1316, 

7 1317, 1342, 1344); and 

8 (II) authorizations, licenses, and per9 mits that would not need to be obtained if 

10 the remediation was conducted pursuant to 

11 section 121 of the Comprehensive Environ12 mental Response, Compensation, and Li13 ability Act of 1980 (42 U.S.C. 9621); or 

14 (ii) in the case of an abandoned hardrock 

15 mine site in a State that is authorized to imple16 ment State law pursuant to section 402 or 404 

17 of the Federal Water Pollution Control Act (33 

18 U.S.C. 1342, 1344) or on land of an Indian 

19 tribe that is authorized to implement Tribal law 

20 pursuant to that section, a provision that states 

21 that the Good Samaritan is responsible for se22 curing, for all activities authorized under the 

23 Good Samaritan permit, all authorizations, li24 censes, and permits that are required under ap25 plicable law, except for— 
31 

†S 2781 ES

1 (I) the State or Tribal law, as applica2 ble; and 

3 (II) authorizations, licenses, and per4 mits that would not need to be obtained if 

5 the remediation was conducted pursuant to 

6 section 121 of the Comprehensive Environ7 mental Response, Compensation, and Li8 ability Act of 1980 (42 U.S.C. 9621); 

9 (C) specific public notification require10 ments, including the contact information for all 

11 appropriate response centers in accordance with 

12 subsection (o); 

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

14 by the United States, a notice that the Good 

15 Samaritan permit serves as an agreement for 

16 use and occupancy of Federal land that is en17 forceable by the applicable Federal land man18 agement agency; and 

19 (E) any other terms and conditions deter20 mined to be appropriate by the Administrator 

21 or the Federal land management agency, as ap22 plicable. 

23 (2) FORCE MAJEURE.—A Good Samaritan per24 mit may include, at the request of the Good Samari25 tan, a provision that a Good Samaritan may assert 
32 

†S 2781 ES

1 a claim of force majeure for any violation of the 

2 Good Samaritan permit caused solely by— 

3 (A) an act of God; 

4 (B) an act of war; 

5 (C) negligence on the part of the United 

6 States; 

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

8 the Good Samaritan— 

9 (i) exercises due care with respect to 

10 the actions of the Good Samaritan under 

11 the Good Samaritan permit, as determined 

12 by the Administrator; 

13 (ii) took precautions against foresee14 able acts or omissions of the third party, 

15 as determined by the Administrator; and 

16 (iii) uses reasonable efforts— 

17 (I) to anticipate any potential 

18 force majeure; and 

19 (II) to address the effects of any 

20 potential force majeure; or 

21 (E) a public health emergency declared by 

22 the Federal Government or a global govern23 ment, such as a pandemic or an epidemic. 

24 (3) MONITORING.— 
33 

†S 2781 ES

1 (A) IN GENERAL.—The Good Samaritan 

2 shall take such actions as the Good Samaritan 

3 permit requires to ensure appropriate baseline 

4 conditions monitoring, monitoring during the 

5 remediation project, and post-remediation moni6 toring of the environment under paragraphs (7) 

7 and (14) of subsection (c). 

8 (B) MULTIPARTY MONITORING.—The Ad9 ministrator may approve in a Good Samaritan 

10 permit the monitoring by multiple cooperating 

11 persons if, as determined by the Adminis12 trator— 

13 (i) the multiparty monitoring will ef14 fectively accomplish the goals of this sec15 tion; and 

16 (ii) the Good Samaritan remains re17 sponsible for compliance with the terms of 

18 the Good Samaritan permit. 

19 (4) OTHER DEVELOPMENT.— 

20 (A) NO AUTHORIZATION OF MINING AC21 TIVITIES.—No mineral exploration, processing, 

22 beneficiation, or mining shall be— 

23 (i) authorized by this Act; or 

24 (ii) covered by any waiver of liability 

25 provided by this Act from applicable law. 
34 

†S 2781 ES

1 (B) REPROCESSING OF MATERIALS.—A 

2 Good Samaritan may reprocess materials recov3 ered during the implementation of a remedi4 ation plan only if— 

5 (i) the project under the Good Samar6 itan permit is on land owned by the United 

7 States; 

8 (ii) the applicable Federal land man9 agement agency has signed a decision doc10 ument under subsection (l)(2)(G) approv11 ing reprocessing as part of a remediation 

12 plan; 

13 (iii) the proceeds from the sale or use 

14 of the materials are used— 

15 (I) to defray the costs of the re16 mediation; and 

17 (II) to the extent required by the 

18 Good Samaritan permit, to reimburse 

19 the Administrator or the head of a 

20 Federal land management agency for 

21 the purpose of carrying out this Act; 

22 (iv) any remaining proceeds are de23 posited into the appropriate Good Samari24 tan Mine Remediation Fund established by 

25 section 5(a); and 
35 

†S 2781 ES

1 (v) the materials only include historic 

2 mine residue. 

3 (C) CONNECTION WITH OTHER ACTIVI4 TIES.—The commingling or association of any 

5 other discharge of water or historic mine res6 idue or any activity, project, or operation con7 ducted on or after the date of enactment of this 

8 Act with any aspect of a project subject to a 

9 Good Samaritan permit shall not limit or re10 duce the liability of any person associated with 

11 the other discharge of water or historic mine 

12 residue or activity, project, or operation. 

13 (g) ADDITIONAL WORK.—A Good Samaritan permit 

14 may (subject to subsection (r)(5) in the case of a project 

15 located on Federal land) allow the Good Samaritan to re16 turn to the abandoned hardrock mine site after the com17 pletion of the remediation to perform operations and 

18 maintenance or other work— 

19 (1) to ensure the functionality of completed re20 mediation activities at the abandoned hardrock mine 

21 site; or 

22 (2) to protect public health and the environ23 ment. 

24 (h) TIMING.—Work authorized under a Good Samar25 itan permit— 
36 

†S 2781 ES

1 (1) shall commence, as applicable— 

2 (A) not later than the date that is 18 

3 months after the date on which the Adminis4 trator granted the Good Samaritan permit, un5 less the Administrator grants an extension 

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

7 (B) if the grant of the Good Samaritan 

8 permit is the subject of a petition for judicial 

9 review, not later than the date that is 18 

10 months after the date on which the judicial re11 view, including any appeals, has concluded; and 

12 (2) shall continue until completed, with tem13 porary suspensions permitted during adverse weath14 er or other conditions specified in the Good Samari15 tan permit. 

16 (i) TRANSFER OF PERMITS.—A Good Samaritan per17 mit may be transferred to another person only if— 

18 (1) the Administrator determines that the 

19 transferee qualifies as a Good Samaritan; 

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

21 by the terms of, the permit; 

22 (3) the Administrator includes in the trans23 ferred permit any additional conditions necessary to 

24 meet the goals of this section; and 
37 

†S 2781 ES

1 (4) in the case of a project under the Good Sa2 maritan permit on land owned by the United States, 

3 the head of the applicable Federal land management 

4 agency approves the transfer. 

5 (j) ROLE OF ADMINISTRATOR AND FEDERAL LAND

6 MANAGEMENT AGENCIES.—In carrying out this section— 

7 (1) the Administrator shall— 

8 (A) consult with prospective applicants; 

9 (B) convene, coordinate, and lead the ap10 plication review process; 

11 (C) maintain all records relating to the 

12 Good Samaritan permit and the permit process; 

13 (D) in the case of a proposed project on 

14 State, Tribal, or private land, provide an oppor15 tunity for cooperating persons and the public to 

16 participate in the Good Samaritan permit proc17 ess, including— 

18 (i) carrying out environmental review 

19 and public comment procedures pursuant 

20 to subsection (l); and 

21 (ii) a public hearing, if requested; and 

22 (E) enforce and otherwise carry out this 

23 section; and 

24 (2) the head of an applicable Federal land man25 agement agency shall— 
38 

†S 2781 ES

1 (A) in the case of a proposed project on 

2 land owned by the United States, provide an 

3 opportunity for cooperating persons and the 

4 public to participate in the Good Samaritan 

5 permit process, including— 

6 (i) carrying out environmental review 

7 and public comment procedures pursuant 

8 to subsection (l); and 

9 (ii) a public hearing, if requested; and 

10 (B) in coordination with the Adminis11 trator, enforce Good Samaritan permits issued 

12 under this section for projects on land owned by 

13 the United States. 

14 (k) STATE, LOCAL, AND TRIBAL GOVERNMENTS.— 

15 As soon as practicable, but not later than 14 days after 

16 the date on which the Administrator receives an applica17 tion for the remediation of an abandoned hardrock mine 

18 site under this section that, as determined by the Adminis19 trator, is complete and meets all applicable requirements 

20 of subsection (c), the Administrator shall provide notice 

21 and a copy of the application to— 

22 (1) each local government with jurisdiction over 

23 a drinking water utility, and each Indian tribe with 

24 reservation or off-reservation treaty rights to land or 

25 water, located downstream from or otherwise near a 
39 

†S 2781 ES

1 proposed remediation project that is reasonably an2 ticipated to be impacted by the remediation project 

3 or a potential release of contaminants from the 

4 abandoned hardrock mine site, as determined by the 

5 Administrator; 

6 (2) each Federal, State, and Tribal agency that 

7 may have an interest in the application; and 

8 (3) in the case of an abandoned hardrock mine 

9 site that is located partially or entirely on land 

10 owned by the United States, the Federal land man11 agement agency with jurisdiction over that land. 

12 (l) ENVIRONMENTAL REVIEW AND PUBLIC COM13 MENT.— 

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

15 Good Samaritan permit to carry out a project for 

16 the remediation of an abandoned hardrock mine site, 

17 the Administrator shall ensure that environmental 

18 review and public comment procedures are carried 

19 out with respect to the proposed project. 

20 (2) RELATION TO NEPA.— 

21 (A) MAJOR FEDERAL ACTION.—Subject to 

22 subparagraph (F), the issuance or modification 

23 of a Good Samaritan permit by the Adminis24 trator shall be considered a major Federal ac25 tion for purposes of section 102 of the National 
40 

†S 2781 ES

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

2 4332). 

3 (B) LEAD AGENCY.—The lead agency for 

4 purposes of an environmental assessment and 

5 public comment under this subsection shall 

6 be— 

7 (i) in the case of a proposed project 

8 on land owned by the United States that 

9 is managed by only 1 Federal land man10 agement agency, the applicable Federal 

11 land management agency; 

12 (ii) in the case of a proposed project 

13 entirely on State, Tribal, or private land, 

14 the Administrator; 

15 (iii) in the case of a proposed project 

16 partially on land owned by the United 

17 States and partially on State, Tribal, or 

18 private land, the applicable Federal land 

19 management agency; and 

20 (iv) in the case of a proposed project 

21 on land owned by the United States that 

22 is managed by more than 1 Federal land 

23 management agency, the Federal land 

24 management agency selected by the Ad25 ministrator to be the lead agency, after 
41 

†S 2781 ES

1 consultation with the applicable Federal 

2 land management agencies. 

3 (C) COORDINATION.—To the maximum ex4 tent practicable, the lead agency described in 

5 subparagraph (B) shall coordinate procedures 

6 under the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et seq.) with State, Trib8 al, and Federal cooperating agencies, as appli9 cable. 

10 (D) COOPERATING AGENCY.—In the case 

11 of a proposed project on land owned by the 

12 United States, the Administrator shall be a co13 operating agency for purposes of an environ14 mental assessment and public comment under 

15 this subsection. 

16 (E) SINGLE NEPA DOCUMENT.—The lead 

17 agency described in subparagraph (B) may con18 duct a single environmental assessment for— 

19 (i) the issuance of a Good Samaritan 

20 permit; 

21 (ii) any activities authorized by a 

22 Good Samaritan permit; and 

23 (iii) any applicable permits required 

24 by the Secretary of the Interior or the Sec25 retary of Agriculture. 
42 

†S 2781 ES

1 (F) NO SIGNIFICANT IMPACT.— 

2 (i) IN GENERAL.—A Good Samaritan 

3 permit may only be issued if, after an envi4 ronmental assessment, the head of the lead 

5 agency issues a finding of no significant 

6 impact (as defined in section 111 of the 

7 National Environmental Policy Act of 

8 1969 (42 U.S.C. 4336e)). 

9 (ii) SIGNIFICANT IMPACT.—If the 

10 head of the lead agency is unable to issue 

11 a finding of no significant impact (as so 

12 defined), the head of the lead agency shall 

13 not issue a Good Samaritan permit for the 

14 proposed project. 

15 (G) DECISION DOCUMENT.—An approval 

16 or denial of a Good Samaritan permit may be 

17 issued as a single decision document that is 

18 signed by— 

19 (i) the Administrator; and 

20 (ii) in the case of a project on land 

21 owned by the United States, the head of 

22 the applicable Federal land management 

23 agency. 

24 (H) LIMITATION.—Nothing in this para25 graph exempts the Secretary of Agriculture or 
43 

†S 2781 ES

1 the Secretary of the Interior, as applicable, 

2 from any other requirements of section 102 of 

3 the National Environmental Policy Act of 1969 

4 (42 U.S.C. 4332). 

5 (m) PERMIT GRANT.— 

6 (1) IN GENERAL.—The Administrator may 

7 grant a Good Samaritan permit to carry out a 

8 project for the remediation of an abandoned 

9 hardrock mine site only if— 

10 (A) the Administrator determines that— 

11 (i) the person seeking the permit is a 

12 Good Samaritan; 

13 (ii) the application described in sub14 section (c) is complete; 

15 (iii) the project is designed to reme16 diate historic mine residue at the aban17 doned hardrock mine site to protect human 

18 health and the environment; 

19 (iv) the proposed project is designed 

20 to meet all other goals, as determined by 

21 the Administrator, including any goals set 

22 forth in the application for the Good Sa23 maritan permit that are accepted by the 

24 Administrator; 
44 

†S 2781 ES

1 (v) the proposed activities, as com2 pared to the baseline conditions described 

3 in the permit, will make measurable 

4 progress toward achieving— 

5 (I) applicable water quality 

6 standards; 

7 (II) improved soil quality; 

8 (III) improved sediment quality; 

9 (IV) other improved environ10 mental or safety conditions; or 

11 (V) reductions in threats to soil, 

12 sediment, or water quality or other 

13 environmental or safety conditions; 

14 (vi) the applicant has— 

15 (I) demonstrated that the appli16 cant has the proper and appropriate 

17 experience and capacity to complete 

18 the permitted work; 

19 (II) demonstrated that the appli20 cant will complete the permitted work; 

21 (III) the financial and other re22 sources to address any contingencies 

23 identified in the Good Samaritan per24 mit application described in sub25 sections (b) and (c); 
45 

†S 2781 ES

1 (IV) granted access and provided 

2 the authority to review the records of 

3 the applicant relevant to compliance 

4 with the requirements of the Good Sa5 maritan permit; and 

6 (V) demonstrated, to the satisfac7 tion of the Administrator, that— 

8 (aa) the applicant has, or 

9 has access to, the financial re10 sources to complete the project 

11 described in the Good Samaritan 

12 permit application, including any 

13 long-term monitoring and oper14 ations and maintenance that the 

15 Administrator may require the 

16 applicant to perform in the Good 

17 Samaritan permit; or 

18 (bb) the applicant has estab19 lished a third-party financial as20 surance mechanism, such as a 

21 corporate guarantee from a par22 ent or other corporate affiliate, 

23 letter of credit, trust, surety 

24 bond, or insurance to assure that 

25 funds are available to complete 
46 

†S 2781 ES

1 the permitted work, including for 

2 operations and maintenance and 

3 to address potential contin4 gencies, that— 

5 (AA) establishes the 

6 Administrator or the head of 

7 the Federal land manage8 ment agency as the bene9 ficiary of the third-party fi10 nancial assurance mecha11 nism; and 

12 (BB) allows the Admin13 istrator to retain and use 

14 the funds from the financial 

15 assurance mechanism in the 

16 event the Good Samaritan 

17 does not complete the reme18 diation under the Good Sa19 maritan permit; and 

20 (vii) the project meets the require21 ments of this Act; 

22 (B) the State or Indian tribe with jurisdic23 tion over land on which the abandoned 

24 hardrock mine site is located has been given an 

25 opportunity to review and, if necessary, com-
47 

†S 2781 ES

1 ment on the grant of the Good Samaritan per2 mit; 

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

4 carried out under the Good Samaritan permit 

5 partially or entirely on land owned by the 

6 United States, pursuant to subsection (l), the 

7 head of the applicable Federal land manage8 ment agency has signed a decision document 

9 approving the proposed project; and 

10 (D) the Administrator or head of the Fed11 eral land management agency, as applicable, 

12 has provided— 

13 (i) environmental review and public 

14 comment procedures required by sub15 section (l); and 

16 (ii) a public hearing under that sub17 section, if requested. 

18 (2) DEADLINE.— 

19 (A) IN GENERAL.—The Administrator 

20 shall grant or deny a Good Samaritan permit 

21 by not later than— 

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

23 date of receipt by the Administrator of an 

24 application for the Good Samaritan permit 

25 that, as determined by the Administrator, 
48 

†S 2781 ES

1 is complete and meets all applicable re2 quirements of subsection (c); or 

3 (ii) such later date as may be deter4 mined by the Administrator with notifica5 tion provided to the applicant. 

6 (B) CONSTRUCTIVE DENIAL.—If the Ad7 ministrator fails to grant or deny a Good Sa8 maritan permit by the applicable deadline de9 scribed in subparagraph (A), the application 

10 shall be considered to be denied. 

11 (3) DISCRETIONARY ACTION.—The issuance of 

12 a permit by the Administrator and the approval of 

13 a project by the head of an applicable Federal land 

14 management agency shall be considered to be discre15 tionary actions taken in the public interest. 

16 (n) EFFECT OF PERMITS.— 

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

18 cooperating person undertaking remediation activi19 ties identified in, carried out pursuant to, and in 

20 compliance with, a covered permit— 

21 (A) shall be considered to be in compliance 

22 with all requirements (including permitting re23 quirements) under the Federal Water Pollution 

24 Control Act (33 U.S.C. 1251 et seq.) (including 

25 any law or regulation implemented by a State 
49 

†S 2781 ES

1 or Indian tribe under section 402 or 404 of 

2 that Act (33 U.S.C. 1342, 1344)) and the Com3 prehensive Environmental Response, Compensa4 tion, and Liability Act of 1980 (42 U.S.C. 9601 

5 et seq.) during the term of the covered permit, 

6 after the termination of the Good Samaritan 

7 permit, and after declining to convert an inves8 tigative sampling permit into a Good Samaritan 

9 permit, as applicable; 

10 (B) shall not be required to obtain a per11 mit under, or to comply with, section 301, 302, 

12 306, 307, 402, or 404 of the Federal Water 

13 Pollution Control Act (33 U.S.C. 1311, 1312, 

14 1316, 1317, 1342, 1344), or any State or Trib15 al standards or regulations approved by the Ad16 ministrator under those sections of that Act, 

17 during the term of the covered permit, after the 

18 termination of the Good Samaritan permit, and 

19 after declining to convert an investigative sam20 pling permit into a Good Samaritan permit, as 

21 applicable; and 

22 (C) shall not be required to obtain any au23 thorizations, licenses, or permits that would 

24 otherwise not need to be obtained if the remedi25 ation was conducted pursuant to section 121 of 
50 

†S 2781 ES

1 the Comprehensive Environmental Response, 

2 Compensation, and Liability Act of 1980 (42 

3 U.S.C. 9621). 

4 (2) UNAUTHORIZED ACTIVITIES.— 

5 (A) IN GENERAL.—Any person (including 

6 a Good Samaritan or any cooperating person) 

7 that carries out any activity, including activities 

8 relating to mineral exploration, processing, 

9 beneficiation, or mining, including development, 

10 that is not authorized by the applicable covered 

11 permit shall be subject to all applicable law. 

12 (B) LIABILITY.—Any activity not author13 ized by a covered permit, as determined by the 

14 Administrator, may be subject to liability and 

15 enforcement under all applicable law, includ16 ing— 

17 (i) the Federal Water Pollution Con18 trol Act (33 U.S.C. 1251 et seq.); and 

19 (ii) the Comprehensive Environmental 

20 Response, Compensation, and Liability Act 

21 of 1980 (42 U.S.C. 9601 et seq.). 

22 (3) NO ENFORCEMENT OR LIABILITY FOR GOOD

23 SAMARITANS.— 

24 (A) IN GENERAL.—Subject to subpara25 graphs (D) and (E), a Good Samaritan or co-
51 

†S 2781 ES

1 operating person that is conducting a remedi2 ation activity identified in, pursuant to, and in 

3 compliance with a covered permit shall not be 

4 subject to enforcement or liability described in 

5 subparagraph (B) for— 

6 (i) any actions undertaken that are 

7 authorized by the covered permit; or 

8 (ii) any past, present, or future re9 leases, threats of releases, or discharges of 

10 hazardous substances, pollutants, or con11 taminants at or from the abandoned 

12 hardrock mine site that is the subject of 

13 the covered permit (including any releases, 

14 threats of releases, or discharges that oc15 curred prior to the grant of the covered 

16 permit). 

17 (B) ENFORCEMENT OR LIABILITY DE18 SCRIBED.—Enforcement or liability referred to 

19 in subparagraph (A) is enforcement, civil or 

20 criminal penalties, citizen suits and any liabil21 ities for response costs, natural resource dam22 age, or contribution under— 

23 (i) the Federal Water Pollution Con24 trol Act (33 U.S.C. 1251 et seq.) (includ25 ing under any law or regulation adminis-
52 

†S 2781 ES

1 tered by a State or Indian tribe under that 

2 Act); or 

3 (ii) the Comprehensive Environmental 

4 Response, Compensation, and Liability Act 

5 of 1980 (42 U.S.C. 9601 et seq.). 

6 (C) DURATION OF APPLICABILITY.—Sub7 paragraph (A) shall apply during the term of 

8 the covered permit, after the termination of the 

9 Good Samaritan permit, and after declining to 

10 convert an investigative sampling permit into a 

11 Good Samaritan permit, as applicable. 

12 (D) OTHER PARTIES.—Nothing in sub13 paragraph (A) limits the liability of any person 

14 that is not described in that subparagraph. 

15 (E) DECLINE IN ENVIRONMENTAL CONDI16 TIONS.—Notwithstanding subparagraph (A), if 

17 a Good Samaritan or cooperating person fails 

18 to comply with any term, condition, or limita19 tion of a covered permit and that failure results 

20 in surface water quality or other environmental 

21 conditions that the Administrator determines 

22 are measurably worse than the baseline condi23 tions as described in the permit (in the case of 

24 a Good Samaritan permit) or the conditions as 

25 described pursuant to subsection (d)(3)(B), if 
53 

†S 2781 ES

1 applicable (in the case of an investigative sam2 pling permit), at the abandoned hardrock mine 

3 site, the Administrator shall— 

4 (i) notify the Good Samaritan or co5 operating person, as applicable, of the fail6 ure to comply; and 

7 (ii) require the Good Samaritan or the 

8 cooperating person, as applicable, to un9 dertake reasonable measures, as deter10 mined by the Administrator, to return sur11 face water quality or other environmental 

12 conditions to those conditions. 

13 (F) FAILURE TO CORRECT.—Subpara14 graph (A) shall not apply to a Good Samaritan 

15 or cooperating person that fails to take any ac16 tions required under subparagraph (E)(ii) with17 in a reasonable period of time, as established by 

18 the Administrator. 

19 (G) MINOR OR CORRECTED PERMIT VIOLA20 TIONS.—For purposes of this paragraph, the 

21 failure to comply with a term, condition, or lim22 itation of a Good Samaritan permit or inves23 tigative sampling permit shall not be considered 

24 a permit violation or noncompliance with that 

25 permit if— 
54 

†S 2781 ES

1 (i) that failure or noncompliance does 

2 not result in a measurable adverse impact, 

3 as determined by the Administrator, on 

4 water quality or other environmental condi5 tions; or 

6 (ii) the Good Samaritan or cooper7 ating person complies with subparagraph 

8 (E)(ii). 

9 (o) PUBLIC NOTIFICATION OF ADVERSE EVENT.—A 

10 Good Samaritan shall notify all appropriate Federal, 

11 State, Tribal, and local entities of any unplanned or pre12 viously unknown release of historic mine residue caused 

13 by the actions of the Good Samaritan or any cooperating 

14 person in accordance with— 

15 (1) section 103 of the Comprehensive Environ16 mental Response, Compensation, and Liability Act 

17 of 1980 (42 U.S.C. 9603); 

18 (2) section 304 of the Emergency Planning and 

19 Community Right-To-Know Act of 1986 (42 U.S.C. 

20 11004); 

21 (3) the Federal Water Pollution Control Act 

22 (33 U.S.C. 1251 et seq.); 

23 (4) any other applicable provision of Federal 

24 law; and 
55 

†S 2781 ES

1 (5) any other applicable provision of State, 

2 Tribal, or local law. 

3 (p) GRANT ELIGIBILITY.—A remediation project con4 ducted under a Good Samaritan permit shall be eligible 

5 for funding pursuant to— 

6 (1) section 319 of the Federal Water Pollution 

7 Control Act (33 U.S.C. 1329), for activities that are 

8 eligible for funding under that section; and 

9 (2) section 104(k) of the Comprehensive Envi10 ronmental Response, Compensation, and Liability 

11 Act of 1980 (42 U.S.C. 9604(k)), subject to the con12 dition that the recipient of the funding is otherwise 

13 eligible under that section to receive a grant to as14 sess or remediate contamination at the site covered 

15 by the Good Samaritan permit. 

16 (q) EMERGENCY AUTHORITY AND LIABILITY.— 

17 (1) EMERGENCY AUTHORITY.—Nothing in this 

18 section affects the authority of— 

19 (A) the Administrator to take any respon20 sive action authorized by law; or 

21 (B) a Federal, State, Tribal, or local agen22 cy to carry out any emergency authority, in23 cluding an emergency authority provided under 

24 Federal, State, Tribal, or local law. 
56 

†S 2781 ES

1 (2) LIABILITY.—Except as specifically provided 

2 in this Act, nothing in this Act, a Good Samaritan 

3 permit, or an investigative sampling permit limits 

4 the liability of any person (including a Good Samari5 tan or any cooperating person) under any provision 

6 of law. 

7 (r) TERMINATION OF GOOD SAMARITAN PERMIT.— 

8 (1) IN GENERAL.—A Good Samaritan permit 

9 shall terminate, as applicable— 

10 (A) on inspection and notice from the Ad11 ministrator to the recipient of the Good Samar12 itan permit that the permitted work has been 

13 completed in accordance with the terms of the 

14 Good Samaritan permit, as determined by the 

15 Administrator; 

16 (B) if the Administrator terminates a per17 mit under paragraph (4)(B); or 

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

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

20 the date on which the Administrator grant21 ed the Good Samaritan permit, if the per22 mitted work has not commenced by that 

23 date; or 

24 (ii) if the grant of the Good Samari25 tan permit was the subject of a petition for 
57 

†S 2781 ES

1 judicial review, on the date that is 18 

2 months after the date on which the judicial 

3 review, including any appeals, has con4 cluded, if the permitted work has not com5 menced by that date. 

6 (2) EXTENSION.— 

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

8 otherwise required to terminate a Good Samari9 tan permit under paragraph (1)(C), the Admin10 istrator may grant an extension of the Good Sa11 maritan permit. 

12 (B) LIMITATION.—Any extension granted 

13 under subparagraph (A) shall be not more than 

14 180 days for each extension. 

15 (3) EFFECT OF TERMINATION.— 

16 (A) IN GENERAL.—Notwithstanding the 

17 termination of a Good Samaritan permit under 

18 paragraph (1), but subject to subparagraph 

19 (B), the provisions of paragraphs (1) through 

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

21 the Good Samaritan and any cooperating per22 sons after the termination, including to any 

23 long-term operations and maintenance pursuant 

24 to the agreement under paragraph (5). 
58 

†S 2781 ES

1 (B) DEGRADATION OF SURFACE WATER

2 QUALITY.— 

3 (i) OPPORTUNITY TO RETURN TO

4 BASELINE CONDITIONS.—If, at the time 

5 that 1 or more of the conditions described 

6 in paragraph (1) are met but before the 

7 Good Samaritan permit is terminated, ac8 tions by the Good Samaritan or cooper9 ating person have caused surface water 

10 quality at the abandoned hardrock mine 

11 site to be measurably worse, as determined 

12 by the Administrator, when compared to 

13 baseline conditions described in the permit, 

14 the Administrator shall, before terminating 

15 the Good Samaritan permit, provide the 

16 Good Samaritan or cooperating person, as 

17 applicable, the opportunity to return sur18 face water quality to those baseline condi19 tions. 

20 (ii) EFFECT.—If, pursuant to clause 

21 (i), the applicable Good Samaritan or co22 operating person does not return the sur23 face water quality at the abandoned 

24 hardrock mine site to the baseline condi25 tions described in the permit, as deter-
59 

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1 mined by the Administrator, subparagraph 

2 (A) shall not apply to the Good Samaritan 

3 or any cooperating persons. 

4 (4) UNFORESEEN CIRCUMSTANCES.— 

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

6 Samaritan permit may seek to modify or termi7 nate the Good Samaritan permit to take into 

8 account any event or condition that— 

9 (i) significantly reduces the feasibility 

10 or significantly increases the cost of com11 pleting the remediation project that is the 

12 subject of the Good Samaritan permit; 

13 (ii) was not— 

14 (I) reasonably contemplated by 

15 the recipient of the Good Samaritan 

16 permit; or 

17 (II) taken into account in the re18 mediation plan of the recipient of the 

19 Good Samaritan permit; and 

20 (iii) is beyond the control of the re21 cipient of the Good Samaritan permit, as 

22 determined by the Administrator. 

23 (B) TERMINATION.—The Administrator 

24 shall terminate a Good Samaritan permit if— 
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†S 2781 ES

1 (i) the recipient of the Good Samari2 tan permit seeks termination of the permit 

3 under subparagraph (A); 

4 (ii) the factors described in subpara5 graph (A) are satisfied; and 

6 (iii) the Administrator determines 

7 that remediation activities conducted by 

8 the Good Samaritan or cooperating person 

9 pursuant to the Good Samaritan permit 

10 may result in surface water quality condi11 tions, or any other environmental condi12 tions, that will be worse than the baseline 

13 conditions, as described in the Good Sa14 maritan permit, as applicable. 

15 (5) LONG-TERM OPERATIONS AND MAINTE16 NANCE.—In the case of a project that involves long17 term operations and maintenance at an abandoned 

18 hardrock mine site located on land owned by the 

19 United States, the project may be considered com20 plete and the Administrator, in coordination with the 

21 applicable Federal land management agency, may 

22 terminate the Good Samaritan permit under this 

23 subsection if the applicable Good Samaritan has en24 tered into an agreement with the applicable Federal 

25 land management agency or a cooperating person 
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1 for the long-term operations and maintenance that 

2 includes sufficient funding for the long-term oper3 ations and maintenance. 

4 (s) REGULATIONS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 the Administrator, in consultation with the Sec7 retary of the Interior and the Secretary of Agri8 culture, and appropriate State, Tribal, and local offi9 cials, may promulgate any regulations that the Ad10 ministrator determines to be necessary to carry out 

11 this Act. 

12 (2) GUIDANCE IF NO REGULATIONS PROMUL13 GATED.— 

14 (A) IN GENERAL.—If the Administrator 

15 does not initiate a regulatory process to promul16 gate regulations under paragraph (1) within 

17 180 days after the date of enactment of this 

18 Act, the Administrator, in consultation with the 

19 Secretary of the Interior, the Secretary of Agri20 culture, and appropriate State, Tribal, and local 

21 officials, shall issue guidance establishing spe22 cific requirements that the Administrator deter23 mines would facilitate the implementation of 

24 this section. 
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1 (B) PUBLIC COMMENTS.—Before finalizing 

2 any guidance issued under subparagraph (A), 

3 the Administrator shall hold a 30-day public 

4 comment period. 

5 SEC. 5. SPECIAL ACCOUNTS. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Treasury of the United States a Good Samaritan Mine 

8 Remediation Fund (referred to in this section as a 

9 ‘‘Fund’’) for— 

10 (1) each Federal land management agency that 

11 authorizes a Good Samaritan to conduct a project 

12 on Federal land under the jurisdiction of that Fed13 eral land management agency under a Good Samari14 tan permit; and 

15 (2) the Environmental Protection Agency. 

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

17 (1) amounts provided in appropriation Acts; 

18 (2) any proceeds from reprocessing deposited 

19 under section 4(f)(4)(B)(iv); 

20 (3) any financial assurance funds collected from 

21 an agreement described in section 

22 4(m)(1)(A)(vi)(V)(bb); 

23 (4) any funds collected for long-term operations 

24 and maintenance under an agreement under section 

25 4(r)(5); and 
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†S 2781 ES

1 (5) any amounts donated to the Fund by any 

2 person. 

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

4 currently needed to carry out this Act shall be maintained 

5 as readily available or on deposit. 

6 (d) RETAIN AND USE AUTHORITY.—The Adminis7 trator and each head of a Federal land management agen8 cy, as appropriate, may, notwithstanding any other provi9 sion of law, retain and use money deposited in the applica10 ble Fund without fiscal year limitation for the purpose of 

11 carrying out this Act. 

12 SEC. 6. REPORT TO CONGRESS. 

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

14 date of enactment of this Act, the Administrator, in con15 sultation with the heads of Federal land management 

16 agencies, shall submit to the Committee on Environment 

17 and Public Works of the Senate and the Committees on 

18 Transportation and Infrastructure, Energy and Com19 merce, and Natural Resources of the House of Represent20 atives a report evaluating the Good Samaritan pilot pro21 gram under this Act. 

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

23 shall include— 

24 (1) a description of— 
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†S 2781 ES

1 (A) the number, types, and objectives of 

2 Good Samaritan permits granted pursuant to 

3 this Act; and 

4 (B) each remediation project authorized by 

5 those Good Samaritan permits; 

6 (2) interim or final qualitative and quantitative 

7 data on the results achieved under the Good Samari8 tan permits before the date of issuance of the report; 

9 (3) a description of— 

10 (A) any problems encountered in admin11 istering this Act; and 

12 (B) whether the problems have been or can 

13 be remedied by administrative action (including 

14 amendments to existing law); 

15 (4) a description of progress made in achieving 

16 the purposes of this Act; and 

17 (5) recommendations on whether the Good Sa18 maritan pilot program under this Act should be con19 tinued, including a description of any modifications 
65 

†S 2781 ES

1 (including amendments to existing law) required to 

2 continue administering this Act. 

Passed the Senate July 31, 2024. 

Attest: 

Secretary. 
118TH CONGRESS 

2D SESSION S. 2781 

AN ACT 

To promote remediation of abandoned hardrock 

mines, and for other purposes.