II 

111TH CONGRESS 

1ST SESSION S. 1777 

To facilitate the remediation of abandoned hardrock mines, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 13, 2009 

Mr. UDALL of Colorado introduced the following bill; which was read twice 

and referred to the Committee on Environment and Public Works 

A BILL 

To facilitate the 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Cleanup of Abandoned Hardrock Mines Act of 2009’’. 

6 SEC. 2. FINDINGS; PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the Federal Government and State govern9 ments have encouraged hardrock mining in the 


hsrobinson on DSK69SOYB1PROD with BILLS
2 

•S 1777 IS

1 United States through a wide variety of laws, poli2 cies, and actions; 

3 (2) mining operations produce metals and min4 erals that have important social benefits and values; 

5 (3) many areas in the United States at which 

6 historic mining operations took place are now the lo7 cations of inactive and abandoned mine sites; 

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

9 the enactment of modern environmental laws often 

10 disturbed public and private land, and those disturb11 ances led to environmental pollution, including the 

12 discharge of pollutants into surface water and 

13 groundwater; 

14 (5) many of the individuals and corporate own15 ers and operators of mines the actions of which 

16 caused the pollution described in paragraph (4) are 

17 no longer alive or in existence; 

18 (6) many of the historic mining sites have pol19 luted the environment for more than a century and, 

20 unless remedied, will continue to do so indefinitely; 

21 (7) unabated discharges from inactive and 

22 abandoned mines will continue to pollute surface 

23 water, groundwater, and soils; 

24 (8) many of the streams and water bodies im25 pacted by acid mine drainage are important reVerDate Nov 24 2008 22:01 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

hsrobinson on DSK69SOYB1PROD with BILLS
3 

•S 1777 IS

1 sources for fish and wildlife, recreation, drinking 

2 water, agriculture, and other public purposes; 

3 (9) some of the remaining owners and operators 

4 of historic mine sites do not have adequate resources 

5 to properly conduct the remediation of the mine sites 

6 under applicable environmental laws; 

7 (10) from time to time, States, individuals, and 

8 companies are willing to remediate historic mine 

9 sites for the public good as Good Samaritans, de10 spite the fact that those States, individuals, and 

11 companies are not legally required to do so; 

12 (11) Good Samaritan remediation activities 

13 may— 

14 (A) vary in size and complexity; 

15 (B) reflect a myriad of methods by which 

16 mine residue may be cleaned up; and 

17 (C) include, among other activities— 

18 (i) the removal, relocation, or manage19 ment of tailings or other waste piles; 

20 (ii) passive or active water treatment; 

21 and 

22 (iii) runoff or runon controls; 

23 (12) the potential obligations, requirements, 

24 and liabilities under the Federal Water Pollution 

25 Control Act (33 U.S.C. 1251 et seq.) that may atVerDate Nov 24 2008 22:01 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

hsrobinson on DSK69SOYB1PROD with BILLS
4 

•S 1777 IS

1 tach to Good Samaritans as the result of the con2 duct by the Good Samaritans of remediation activi3 ties can dissuade potential Good Samaritans from 

4 acting for the public good; 

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

6 the States, and local communities to remediate his7 toric mine sites— 

8 (A) in appropriate circumstances and to 

9 the maximum extent practicable; and 

10 (B) so that the detrimental environmental 

11 impacts of the historic mine sites are lessened 

12 in the future; and 

13 (14) if appropriate protections are provided to 

14 Good Samaritans, Good Samaritans will have a 

15 greater incentive to remediate historic mine sites for 

16 the public good. 

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

18 (1) to encourage the partial or complete remedi19 ation of inactive and abandoned mine sites for the 

20 public good by individuals or entities that are not le21 gally responsible for the remediation; 

22 (2) to allow any individual or entity not legally 

23 responsible for environmental conditions relating to 

24 an inactive or abandoned mine site— 


hsrobinson on DSK69SOYB1PROD with BILLS
5 

•S 1777 IS

1 (A) to make further progress toward the 

2 goal of meeting water quality standards in all 

3 water of the United States; and 

4 (B) to improve other environmental media 

5 affected by past mining activities at the inactive 

6 or abandoned mine site without incurring any 

7 obligation or liability with respect to the Fed8 eral Water Pollution Control Act (33 U.S.C. 

9 1251 et seq.); 

10 (3) to ensure that remediation activities per11 formed by Good Samaritans— 

12 (A) result in actual and significant envi13 ronmental benefits; and 

14 (B) are carried out— 

15 (i) with the approval and agreement, 

16 and at the discretion, of affected Federal, 

17 State, and tribal authorities; 

18 (ii) in a manner that enables the pub19 lic to conduct a review of, and submit com20 ments relating to, the remediation activi21 ties; and 

22 (iii) in a manner that is beneficial to 

23 the environment and each community af24 fected by the remediation activities; and 


hsrobinson on DSK69SOYB1PROD with BILLS
6 

•S 1777 IS

1 (4) to further the innovations of, and coopera2 tion among, the Federal Government, State and 

3 tribal governments, private individuals, and corpora4 tions to accelerate efforts relating to conservation 

5 and environmental restoration. 

6 SEC. 3. SCOPE. 

7 Nothing in this Act (or an amendment made by this 

8 Act)— 

9 (1) reduces any existing liability; or 

10 (2) facilitates the conduct of any mining or 

11 processing other than the conduct of any mining or 

12 processing that is required for the remediation of 

13 historic mine residue for the public good. 

14 SEC. 4. GOOD SAMARITAN DISCHARGE PERMITS. 

15 Section 402 of the Federal Water Pollution Control 

16 Act (33 U.S.C. 1342) is amended by adding at the end 

17 the following: 

18 ‘‘(s) GOOD SAMARITAN DISCHARGE PERMITS.— 

19 ‘‘(1) DEFINITIONS.—In this subsection: 

20 ‘‘(A) COOPERATING PERSON.— 

21 ‘‘(i) IN GENERAL.—The term ‘cooper22 ating person’ means any person that— 

23 ‘‘(I) is a Good Samaritan; 


hsrobinson on DSK69SOYB1PROD with BILLS
7 

•S 1777 IS

1 ‘‘(II) assists a permittee in the 

2 remediation of an inactive or aban3 doned mine site; and 

4 ‘‘(III) is identified in a Good Sa5 maritan discharge permit issued 

6 under paragraph (2). 

7 ‘‘(ii) INCLUSION.—The term ‘cooper8 ating person’ includes the Federal Govern9 ment. 

10 ‘‘(B) ELIGIBLE APPLICANT.—The term ‘el11 igible applicant’ means a person that— 

12 ‘‘(i) is a Good Samaritan; and 

13 ‘‘(ii) proposes a project, the purpose 

14 of which is to remediate, in whole or in 

15 part, actual or threatened pollution caused 

16 by historic mine residue at an inactive or 

17 abandoned mine site. 

18 ‘‘(C) GOOD SAMARITAN.—The term ‘Good 

19 Samaritan’ means a person that, with respect 

20 to historic mine residue at an inactive or aban21 doned mine site— 

22 ‘‘(i) had no role in the creation of the 

23 historic mine residue; 


hsrobinson on DSK69SOYB1PROD with BILLS
8 

•S 1777 IS

1 ‘‘(ii) had no role in creating any envi2 ronmental pollution caused by the historic 

3 mine residue; and 

4 ‘‘(iii) is not liable under any Federal, 

5 State, tribal, or local law for the remedi6 ation of the historic mine residue. 

7 ‘‘(D) HISTORIC MINE RESIDUE.— 

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

9 mine residue’ means mine residue or any 

10 condition resulting from activities at an in11 active or abandoned mine site prior to Oc12 tober 18, 1972, that— 

13 ‘‘(I) causes or contributes to the 

14 actual or threatened discharge of pol15 lutants from the inactive or aban16 doned mine site; or 

17 ‘‘(II) otherwise pollutes the envi18 ronment. 

19 ‘‘(ii) INCLUSIONS.—The term ‘historic 

20 mine residue’ includes— 

21 ‘‘(I) ores and minerals that— 

22 ‘‘(aa) were mined during the 

23 active operation of an inactive or 

24 abandoned mine site; and 


hsrobinson on DSK69SOYB1PROD with BILLS
9 

•S 1777 IS

1 ‘‘(bb) contribute to acid 

2 mine drainage or other environ3 mental pollution; 

4 ‘‘(II) equipment (including mate5 rials in equipment); 

6 ‘‘(III) any waste or material re7 sulting from any extraction, 

8 beneficiation, or other processing ac9 tivity that occurred during the active 

10 operation of an inactive or abandoned 

11 mine site; and 

12 ‘‘(IV) any acidic or otherwise pol13 luted flow in surface water or ground14 water that originates from an inactive 

15 or abandoned mine site. 

16 ‘‘(E) IDENTIFIABLE OWNER OR OPER17 ATOR.—The term ‘identifiable owner or oper18 ator’ means a person that is— 

19 ‘‘(i) legally responsible under section 

20 301 for a discharge that originates from 

21 an inactive or abandoned mine site; and 

22 ‘‘(ii) financially capable of complying 

23 with each requirement described in this 

24 section and section 301. 


hsrobinson on DSK69SOYB1PROD with BILLS
10 

•S 1777 IS

1 ‘‘(F) INACTIVE OR ABANDONED MINE

2 SITE.— 

3 ‘‘(i) IN GENERAL.—The term ‘inactive 

4 or abandoned mine site’ means a mine site 

5 (including associated facilities) that— 

6 ‘‘(I) is located in the United 

7 States; 

8 ‘‘(II) was used for the production 

9 of a mineral other than coal; 

10 ‘‘(III) has historic mine residue; 

11 and 

12 ‘‘(IV) is no longer actively mined 

13 on the date on which an eligible appli14 cant submits to a permitting authority 

15 a remediation plan relating to an ap16 plication for a Good Samaritan dis17 charge permit under paragraph (3)(B) 

18 for the remediation of the mine site. 

19 ‘‘(ii) EXCLUSIONS.—The term ‘inac20 tive or abandoned mine site’ does not in21 clude a mine site (including associated fa22 cilities) that is— 

23 ‘‘(I) in a temporary shutdown; 

24 ‘‘(II) included on the National 

25 Priorities List developed by the PresiVerDate Nov 24 2008 22:01 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

hsrobinson on DSK69SOYB1PROD with BILLS
11 

•S 1777 IS

1 dent in accordance with section 

2 105(a)(8)(B) of the Comprehensive 

3 Environmental Response, Compensa4 tion, and Liability Act of 1980 (42 

5 U.S.C. 9605(a)(8)(B)); or 

6 ‘‘(III) the subject of an ongoing 

7 or planned remedial action carried out 

8 in accordance with the Comprehensive 

9 Environmental Response, Compensa10 tion, and Liability Act of 1980 (42 

11 U.S.C. 9601 et seq.). 

12 ‘‘(G) INDIAN TRIBE.—The term ‘Indian 

13 tribe’ has the meaning given the term in section 

14 4 of the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 450b). 

16 ‘‘(H) PERMITTEE.—The term ‘permittee’ 

17 means a person that is issued a Good Samari18 tan discharge permit under this subsection. 

19 ‘‘(I) PERMITTING AUTHORITY.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), the term ‘permitting 

22 authority’ means the Administrator. 

23 ‘‘(ii) EXCEPTION.—In the case of a 

24 State or Indian tribe with an approved 

25 permitting program under paragraph 


hsrobinson on DSK69SOYB1PROD with BILLS
12 

•S 1777 IS

1 (2)(B), the term ‘permitting authority’ 

2 means the head of the permitting program 

3 of the State or Indian tribe. 

4 ‘‘(J) PERSON.—The term ‘person’ in5 cludes— 

6 ‘‘(i) an individual; 

7 ‘‘(ii) a firm; 

8 ‘‘(iii) a corporation; 

9 ‘‘(iv) an association; 

10 ‘‘(v) a partnership; 

11 ‘‘(vi) a consortium; 

12 ‘‘(vii) a joint venture; 

13 ‘‘(viii) a commercial entity; 

14 ‘‘(ix) a nonprofit organization; 

15 ‘‘(x) the Federal Government; 

16 ‘‘(xi) a State (including a political 

17 subdivision of a State); 

18 ‘‘(xii) an interstate entity; 

19 ‘‘(xiii) a commission; and 

20 ‘‘(xiv) an Indian tribe. 

21 ‘‘(2) GOOD SAMARITAN DISCHARGE PERMITS.— 

22 ‘‘(A) IN GENERAL.—A permitting author23 ity may issue a Good Samaritan discharge per24 mit to an eligible applicant in concurrence, if 

25 applicable, with— 


hsrobinson on DSK69SOYB1PROD with BILLS
13 

•S 1777 IS

1 ‘‘(i) the State in which the proposed 

2 inactive or abandoned mine site remedi3 ation project is located; or 

4 ‘‘(ii) the Federal agency or Indian 

5 tribe that owns or has jurisdiction over the 

6 site at which the proposed inactive or 

7 abandoned mine site remediation project is 

8 located. 

9 ‘‘(B) STATE OR TRIBAL PROGRAMS.—The 

10 Administrator shall approve a State or tribal 

11 program for the issuance of Good Samaritan 

12 discharge permits if— 

13 ‘‘(i) the State or Indian tribe has, as 

14 of the date of enactment of this subsection, 

15 authority to issue a permit under sub16 section (b); and 

17 ‘‘(ii) the State or Indian tribe re18 quests such authority. 

19 ‘‘(3) PERMIT PROCESS.— 

20 ‘‘(A) SCOPE.—An eligible applicant may 

21 apply for a Good Samaritan discharge permit to 

22 conduct remediation activities at any inactive or 

23 abandoned mine site from which there is, or 

24 may be, a discharge or a threatened discharge 


hsrobinson on DSK69SOYB1PROD with BILLS
14 

•S 1777 IS

1 of pollutants into any water of the United 

2 States. 

3 ‘‘(B) REMEDIATION PLAN.—To apply for a 

4 Good Samaritan discharge permit under sub5 paragraph (A), an eligible applicant shall sub6 mit to the permitting authority an application 

7 that contains a remediation plan that, to the 

8 extent known by the eligible applicant as of the 

9 date on which the application is submitted, con10 tains— 

11 ‘‘(i) an identification of— 

12 ‘‘(I) the eligible applicant (includ13 ing any cooperating person) with re14 spect to the remediation plan; 

15 ‘‘(II) the mine site that is the 

16 subject of the remediation plan (in17 cluding such documentation as the 

18 permitting authority determines to be 

19 sufficient to demonstrate to the per20 mitting authority that the mine site is 

21 an inactive or abandoned mine site); 

22 and 

23 ‘‘(III) each body of water of the 

24 United States that is affected by acVerDate Nov 24 2008 22:01 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

hsrobinson on DSK69SOYB1PROD with BILLS
15 

•S 1777 IS

1 tual or threatened discharges from the 

2 inactive or abandoned mine site; 

3 ‘‘(ii) a description of— 

4 ‘‘(I) the baseline conditions of 

5 each body of water described in clause 

6 (i)(III) as of the date on which the el7 igible applicant submits the applica8 tion, including— 

9 ‘‘(aa) the nature and extent 

10 of any adverse impact on the 

11 quality of each body of water 

12 caused by the drainage of historic 

13 mine residue or other discharges 

14 from the inactive or abandoned 

15 mine site; and 

16 ‘‘(bb) as applicable, the level 

17 of any pollutant in each body of 

18 water that has resulted in an ad19 verse impact described in item 

20 (aa); 

21 ‘‘(II) the conditions of the inac22 tive or abandoned mine site that cause 

23 adverse impacts to the quality of each 

24 body of water described in clause 

25 (i)(III); 


hsrobinson on DSK69SOYB1PROD with BILLS
16 

•S 1777 IS

1 ‘‘(III) the reasonable efforts 

2 taken by the eligible applicant to iden3 tify identifiable owners or operators of 

4 the inactive or abandoned mine site 

5 that is the subject of the application; 

6 ‘‘(IV) each remediation goal and 

7 objective proposed by the eligible ap8 plicant, including— 

9 ‘‘(aa) each pollutant to be 

10 addressed by the remediation 

11 plan; and 

12 ‘‘(bb) each action that the 

13 eligible applicant proposes to 

14 take that, to the maximum extent 

15 reasonable and practicable under 

16 the circumstances, will assist in 

17 the attainment of each applicable 

18 water quality standard; 

19 ‘‘(V) the practices (including a 

20 schedule and estimated completion 

21 date for the implementation of each 

22 practice) that are proposed by the eli23 gible applicant to meet each remedi24 ation goal and objective described in 

25 subclause (IV), including— 


hsrobinson on DSK69SOYB1PROD with BILLS
17 

•S 1777 IS

1 ‘‘(aa) in the case of a new 

2 remediation project, the prelimi3 nary system design and construc4 tion, operation, and maintenance 

5 plans relating to the new remedi6 ation project; and 

7 ‘‘(bb) in the case of an exist8 ing remediation project, available 

9 system design and construction, 

10 operation, and maintenance plans 

11 and any planned improvements 

12 with respect to the existing reme13 diation project; 

14 ‘‘(VI) any proposed recycling or 

15 reprocessing of historic mine residue 

16 to be conducted by the eligible appli17 cant (including a description of how 

18 each proposed recycling or reprocess19 ing activity relates to the remediation 

20 of an inactive or abandoned mine 

21 site); 

22 ‘‘(VII) the monitoring or other 

23 forms of assessment that will be un24 dertaken by the eligible applicant to 

25 evaluate the success of the practices 


hsrobinson on DSK69SOYB1PROD with BILLS
18 

•S 1777 IS

1 described in subclause (V) during and 

2 after the implementation of the reme3 diation plan, with respect to the base4 line conditions; 

5 ‘‘(VIII) each contingency plan 

6 that is designed for responding to un7 planned adverse events (including the 

8 practices to be implemented to achieve 

9 each remediation goal and objective 

10 described in subclause (IV)); 

11 ‘‘(IX) the legal authority of the 

12 eligible applicant to enter, and con13 duct activities at, the inactive or 

14 abandoned mine site that is the sub15 ject of the remediation plan; and 

16 ‘‘(X) any public outreach activity 

17 to be conducted by the eligible appli18 cant; 

19 ‘‘(iii) an explanation of the manner by 

20 which the practices described in clause 

21 (ii)(V) are expected to achieve each reme22 diation goal and objective described in 

23 clause (ii)(IV); 

24 ‘‘(iv) a schedule for the periodic re25 porting by the eligible applicant with reVerDate Nov 24 2008 22:01 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

hsrobinson on DSK69SOYB1PROD with BILLS
19 

•S 1777 IS

1 spect to any progress in implementing the 

2 remediation plan; 

3 ‘‘(v) a budget for the remediation plan 

4 that includes a description of each funding 

5 source that will support the implementa6 tion of the remediation plan, including— 

7 ‘‘(I) each practice described in 

8 clause (ii)(VIII); 

9 ‘‘(II) each action described in 

10 clause (ii)(IV)(bb); and 

11 ‘‘(III) each monitoring or other 

12 appropriate activity described in 

13 clause (ii)(VII); and 

14 ‘‘(vi) any other additional information 

15 requested by the Administrator to clarify 

16 the remediation plan and each proposed 

17 activity covered by the remediation plan. 

18 ‘‘(C) CERTIFICATION OF PLAN.—An appli19 cation for a Good Samaritan discharge permit 

20 submitted by an eligible applicant to a permit21 ting authority under subparagraph (B) shall be 

22 signed and certified in a manner consistent with 

23 section 122.22 of title 40, Code of Federal Reg24 ulations. 

25 ‘‘(D) INVESTIGATIVE MEASURES.— 


hsrobinson on DSK69SOYB1PROD with BILLS
20 

•S 1777 IS

1 ‘‘(i) IN GENERAL.—A Good Samari2 tan discharge permit may include a pro3 gram of investigative measures to be com4 pleted prior to the remediation of the inac5 tive or abandoned mine site that is the 

6 subject of the permit if the permitting au7 thority, upon the receipt of the application 

8 of an eligible applicant for a Good Samari9 tan discharge permit, determines the pro10 gram of investigative measures to be ap11 propriate. 

12 ‘‘(ii) PROGRAM REQUIREMENTS.—Any 

13 water sampling included in the program of 

14 investigative measures described in clause 

15 (i) shall be conducted by an eligible appli16 cant in accordance with any applicable 

17 method described in part 136 of title 40, 

18 Code of Federal Regulations. 

19 ‘‘(iii) REQUIREMENTS RELATING TO

20 SAMPLES.—In conducting a program of in21 vestigative measures described in clause 

22 (i), an eligible applicant shall— 

23 ‘‘(I) ensure that each sample col24 lected under the program is represent25 ative of the conditions present at the 


hsrobinson on DSK69SOYB1PROD with BILLS
21 

•S 1777 IS

1 inactive or abandoned mine site that 

2 is the subject of the program; and 

3 ‘‘(II) retain records of all sam4 pling events for a period of not less 

5 than 3 years. 

6 ‘‘(iv) INITIAL PLAN.— 

7 ‘‘(I) IN GENERAL.—If an eligible 

8 applicant proposes to conduct a pro9 gram of investigative measures, the el10 igible applicant shall submit to the 

11 permitting authority a plan that con12 tains, to the extent known by the eli13 gible applicant as of the date on which 

14 the eligible applicant submits the ap15 plication— 

16 ‘‘(aa) each description re17 quired under subclauses (I), (II), 

18 and (IV) through (VIII) of sub19 paragraph (B)(ii); 

20 ‘‘(bb) the explanation re21 quired under subparagraph 

22 (B)(iii); 

23 ‘‘(cc) the schedule required 

24 under subparagraph (B)(iv); and 


hsrobinson on DSK69SOYB1PROD with BILLS
22 

•S 1777 IS

1 ‘‘(dd) the budget required 

2 under subparagraph (B)(v). 

3 ‘‘(II) RESPONSIBILITY TO SUP4 PLEMENT DESCRIPTIONS.—An eligible 

5 applicant that conducts a program of 

6 investigative measures shall, based on 

7 the results of the program, supple8 ment each item described in subclause 

9 (I), as necessary. 

10 ‘‘(v) REPORT OF RESULTS.—The re11 sults of the program of investigative meas12 ures shall be— 

13 ‘‘(I) detailed in a report for the 

14 permitting agency; and 

15 ‘‘(II) made available by the appli16 cant to any member of the public that 

17 requests the report. 

18 ‘‘(vi) PERMIT MODIFICATION.—Based 

19 upon the results of the investigative meas20 ures, a Good Samaritan discharge permit 

21 may be modified pursuant to the permit 

22 procedures described in this subsection. 

23 ‘‘(vii) OPTION TO DECLINE REMEDI24 ATION.—A Good Samaritan discharge per25 mit may allow the permittee to decline to 


hsrobinson on DSK69SOYB1PROD with BILLS
23 

•S 1777 IS

1 undertake remediation based on the results 

2 of the investigative sampling program, if— 

3 ‘‘(I) the program of investigative 

4 measures is authorized under this 

5 subparagraph; and 

6 ‘‘(II) the activities under the pro7 gram of investigative measures have 

8 not resulted in surface water quality 

9 conditions, taken as a whole, that are 

10 worse than the baseline condition of 

11 bodies of water described in subpara12 graph (B)(ii)(I). 

13 ‘‘(E) REVIEW OF APPLICATION.— 

14 ‘‘(i) INITIAL REVIEW.—The permit15 ting authority shall— 

16 ‘‘(I) review each application sub17 mitted by an eligible applicant for a 

18 Good Samaritan discharge permit; 

19 ‘‘(II) provide to the public, with 

20 respect to the Good Samaritan dis21 charge permit— 

22 ‘‘(aa) notice and a reason23 able opportunity to comment; 

24 and 

25 ‘‘(bb) a public hearing; 


hsrobinson on DSK69SOYB1PROD with BILLS
24 

•S 1777 IS

1 ‘‘(III) if the Administrator is the 

2 permitting authority, provide a copy 

3 of the application to each affected 

4 State, Indian tribe, and other Federal 

5 agency; and 

6 ‘‘(IV) determine whether the ap7 plication for the Good Samaritan dis8 charge permit meets each requirement 

9 described in subparagraph (B). 

10 ‘‘(ii) REQUIREMENTS NOT MET.—If 

11 the permitting authority determines that 

12 an application for a Good Samaritan dis13 charge permit does not meet each require14 ment described in subparagraph (B), the 

15 permitting authority shall— 

16 ‘‘(I) notify the eligible applicant 

17 that the application is disapproved 

18 and explain the reasons for the dis19 approval; and 

20 ‘‘(II) allow the eligible applicant 

21 to submit a revised application. 

22 ‘‘(iii) REQUIREMENTS MET.—If the 

23 permitting authority determines that an 

24 application for a Good Samaritan dis25 charge permit meets each requirement deVerDate Nov 24 2008 22:01 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

hsrobinson on DSK69SOYB1PROD with BILLS
25 

•S 1777 IS

1 scribed in subparagraph (B), the permit2 ting authority shall notify the eligible ap3 plicant that the application is accepted. 

4 ‘‘(F) PERMIT ISSUANCE.—After notice and 

5 opportunity for public comment with respect to 

6 a Good Samaritan discharge permit proposed 

7 by a permitting authority to be issued under 

8 this subsection (including any additional re9 quirement that the permitting authority deter10 mines would facilitate the implementation of 

11 this subsection), the permitting authority may 

12 issue a permit to an eligible applicant if— 

13 ‘‘(i) the permitting authority deter14 mines that— 

15 ‘‘(I) relative to the resources 

16 identified by the eligible applicant for 

17 funding the proposed remediation ac18 tivity, the eligible applicant has made 

19 a reasonable effort to identify identifi20 able owners or operators under sub21 paragraph (B)(ii)(III); 

22 ‘‘(II) no identifiable owner or op23 erator exists (except, with respect to 

24 Federal land, where the only identifiVerDate Nov 24 2008 22:01 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

hsrobinson on DSK69SOYB1PROD with BILLS
26 

•S 1777 IS

1 able owner or operator is the Federal 

2 Government); 

3 ‘‘(III) taking into consideration 

4 each funding source (including the 

5 amount of each funding source) iden6 tified by the eligible applicant for the 

7 proposed remediation activity in ac8 cordance with subparagraph (B)(v), 

9 the remediation plan of the eligible 

10 applicant demonstrates that the im11 plementation of the remediation plan 

12 will— 

13 ‘‘(aa) assist in the attain14 ment of applicable water quality 

15 standards to the extent reason16 able and practicable under the 

17 circumstances; and 

18 ‘‘(bb) not result in water 

19 quality that is worse than the 

20 baseline water condition de21 scribed in subparagraph 

22 (B)(ii)(I); 

23 ‘‘(IV) the eligible applicant has 

24 provided adequate evidence of finan25 cial resources that will enable the eliVerDate Nov 24 2008 22:01 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

hsrobinson on DSK69SOYB1PROD with BILLS
27 

•S 1777 IS

1 gible applicant to complete the pro2 posed project of the eligible applicant; 

3 and 

4 ‘‘(V) the proposed project of the 

5 eligible applicant meets the require6 ments of this section; 

7 ‘‘(ii) any Federal, State, or tribal land 

8 management agency with jurisdiction over 

9 any inactive or abandoned mine site that is 

10 the subject of the proposed permit, or any 

11 public trustee for natural resources af12 fected by historic mine residue associated 

13 with any inactive or abandoned mine site 

14 that is the subject of the proposed permit, 

15 does not object to the issuance of the per16 mit; and 

17 ‘‘(iii) if the Administrator is the per18 mitting authority, the affected State or In19 dian tribe concurs with the issuance of the 

20 permit. 

21 ‘‘(G) DEADLINE RELATING TO APPROVAL

22 OR DENIAL OF APPLICATION.—Not later than 

23 180 days after the date of receipt by a permit24 ting authority of an application for a Good Sa25 maritan discharge permit that the permitting 


hsrobinson on DSK69SOYB1PROD with BILLS
28 

•S 1777 IS

1 authority determines to be complete, the per2 mitting authority shall— 

3 ‘‘(i) issue to the eligible applicant a 

4 Good Samaritan discharge permit; or 

5 ‘‘(ii) deny the application of the eligi6 ble applicant for a Good Samaritan dis7 charge permit. 

8 ‘‘(H) MODIFICATION OF PERMIT.— 

9 ‘‘(i) APPROVAL AND DISAPPROVAL

10 PROCESS.—In accordance with clause (ii), 

11 after the date of receipt by a permitting 

12 authority of a written request by a per13 mittee to modify the Good Samaritan dis14 charge permit of the permittee, the permit15 ting authority shall approve or disapprove 

16 the request for modification. 

17 ‘‘(ii) PERMIT MODIFICATION.—A per18 mit modification that is approved by a per19 mitting authority under this subparagraph 

20 shall be— 

21 ‘‘(I) by agreement between the 

22 permittee and the permitting author23 ity and, if the Administrator is the 

24 permitting authority, the affected 

25 State or Indian tribe; 


hsrobinson on DSK69SOYB1PROD with BILLS
29 

•S 1777 IS

1 ‘‘(II) subject to— 

2 ‘‘(aa) a period of public no3 tice and comment; and 

4 ‘‘(bb) a public hearing; 

5 ‘‘(III) in compliance with each 

6 standard described in subparagraph 

7 (F)(i)(III); and 

8 ‘‘(IV) immediately reflected in, 

9 and applicable to, the Good Samaritan 

10 discharge permit. 

11 ‘‘(4) CONTENTS OF PERMITS.— 

12 ‘‘(A) IN GENERAL.—A Good Samaritan 

13 discharge permit shall— 

14 ‘‘(i) contain— 

15 ‘‘(I) a remediation plan approved 

16 by the permitting authority; and 

17 ‘‘(II) any additional requirement 

18 that the permitting authority estab19 lishes by regulation under paragraph 

20 (10); and 

21 ‘‘(ii) provide for compliance with, and 

22 implementation of, the remediation plan 

23 and any additional requirement described 

24 in clause (i)(II). 


hsrobinson on DSK69SOYB1PROD with BILLS
30 

•S 1777 IS

1 ‘‘(B) SCOPE.—A Good Samaritan dis2 charge permit shall authorize only those activi3 ties that are required for the remediation of 

4 historic mine residue at an inactive or aban5 doned mine site, as determined by the permit6 ting authority. 

7 ‘‘(C) REVIEW.—A Good Samaritan dis8 charge permit shall contain a schedule for re9 view, to be conducted by the permitting author10 ity, to determine compliance by the permittee 

11 with each condition and limitation of the per12 mit. 

13 ‘‘(5) EFFECT OF PERMIT COMPLIANCE.— 

14 ‘‘(A) COMPLIANCE WITH ACT.— 

15 ‘‘(i) IN GENERAL.—A Good Samari16 tan discharge permit issued under this 

17 subsection shall authorize the permittee, 

18 and any cooperating persons, to carry out 

19 each activity described in the Good Samar20 itan discharge permit. 

21 ‘‘(ii) COMPLIANCE WITH PERMIT.— 

22 Compliance by the permittee, and any co23 operating persons, with respect to the 

24 Good Samaritan discharge permit shall 

25 constitute compliance with this Act. 


hsrobinson on DSK69SOYB1PROD with BILLS
31 

•S 1777 IS

1 ‘‘(B) SCOPE OF LIABILITY.—Except as 

2 provided in paragraph (6), the issuance of a 

3 Good Samaritan discharge permit to a per4 mittee relieves the permittee, and any cooper5 ating person, of each obligation and liability 

6 under this Act. 

7 ‘‘(6) FAILURE TO COMPLY.—If a permittee, or 

8 any cooperating person fails to comply with any con9 dition or limitation of the permit, the permittee, or 

10 cooperating person, shall be subject to liability only 

11 under section 309. 

12 ‘‘(7) TERMINATION OF PERMIT.— 

13 ‘‘(A) IN GENERAL.—A permitting author14 ity shall terminate a Good Samaritan discharge 

15 permit if— 

16 ‘‘(i) the permittee successfully com17 pletes the implementation of the remedi18 ation plan; or 

19 ‘‘(ii)(I) any discharge covered by the 

20 Good Samaritan discharge permit becomes 

21 subject to a permit issued for other devel22 opment that is not part of the implementa23 tion of the remediation plan; 

24 ‘‘(II) the permittee seeking termi25 nation of coverage, and any cooperating 


hsrobinson on DSK69SOYB1PROD with BILLS
32 

•S 1777 IS

1 person with respect to the remediation 

2 plan of the permittee, is not a participant 

3 in the development; and 

4 ‘‘(III) the permitting authority, upon 

5 request of the permittee, agrees that the 

6 permit should be terminated. 

7 ‘‘(B) UNFORSEEN CIRCUMSTANCES.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), the permitting author10 ity, in cooperation with the permittee, shall 

11 seek to modify a Good Samaritan dis12 charge permit to take into account any 

13 event or condition encountered by the per14 mittee if the event or condition encoun15 tered by the permittee— 

16 ‘‘(I) significantly reduces the fea17 sibility, or significantly increases the 

18 cost, of completing the remediation 

19 project that is the subject of the Good 

20 Samaritan discharge permit; 

21 ‘‘(II) was not— 

22 ‘‘(aa) contemplated by the 

23 permittee; or 


hsrobinson on DSK69SOYB1PROD with BILLS
33 

•S 1777 IS

1 ‘‘(bb) taken into account in 

2 the remediation plan of the per3 mittee; and 

4 ‘‘(III) is beyond the control of 

5 the permittee, as determined by the 

6 permitting authority. 

7 ‘‘(ii) EXCEPTION.—If a permittee de8 scribed in clause (i) does not agree to a 

9 modification of the Good Samaritan dis10 charge permit of the permittee, or the per11 mitting authority determines that remedi12 ation activities conducted by the permittee 

13 pursuant to the permit have resulted or 

14 will result in surface water quality condi15 tions that, taken as a whole, are or will be 

16 worse than the baseline water conditions 

17 described in paragraph (3)(B)(ii)(I), the 

18 permitting authority shall terminate the 

19 permit. 

20 ‘‘(C) NO ENFORCEMENT LIABILITY.— 

21 ‘‘(i) DISCHARGES.—Subject to clause 

22 (ii), and except as provided in clause (iii), 

23 the permittee of a permit, or a cooperating 

24 person with respect to the remediation 

25 plan of the permittee, shall not be subject 


hsrobinson on DSK69SOYB1PROD with BILLS
34 

•S 1777 IS

1 to enforcement under any provision of this 

2 Act for liability for any past, present, or 

3 future discharges at or from the aban4 doned or inactive mining site that is the 

5 subject of the permit. 

6 ‘‘(ii) OTHER PARTIES.—Clause (i) 

7 does not limit the liability of any person 

8 that is not described in clause (i). 

9 ‘‘(iii) VIOLATION OF PERMIT PRIOR

10 TO TERMINATION.—The discharge of liabil11 ity for a permittee of a permit, or a co12 operating person with respect to the reme13 diation plan of the permittee, under clause 

14 (i) shall not apply with respect to any vio15 lation of the permit that occurs before the 

16 date on which the permit is terminated. 

17 ‘‘(8) LIMITATIONS.— 

18 ‘‘(A) EMERGENCY POWERS.—Nothing in 

19 this subsection limits the authority of the Ad20 ministrator to exercise any emergency power 

21 under section 504 with respect to persons other 

22 than a permittee and any cooperating persons. 

23 ‘‘(B) PRIOR VIOLATIONS.— 

24 ‘‘(i) ACTIONS AND RELIEF.—Except 

25 as provided in clause (ii), with respect to 


hsrobinson on DSK69SOYB1PROD with BILLS
35 

•S 1777 IS

1 a violation of this subsection or section 

2 301(a) committed by any person prior to 

3 the issuance of a Good Samaritan dis4 charge permit under this subsection, the 

5 issuance of the Good Samaritan discharge 

6 permit does not preclude any enforcement 

7 action under section 309. 

8 ‘‘(ii) EXCEPTIONS.— 

9 ‘‘(I) SCOPE OF PERMIT.—If a 

10 Good Samaritan discharge permit cov11 ers remediation activities carried out 

12 by the permittee on a date before the 

13 issuance of the Good Samaritan dis14 charge permit, clause (i) shall not 

15 apply to any action that is based on 

16 any condition that results from the re17 mediation activities. 

18 ‘‘(II) OTHER PARTIES.—A per19 mittee shall not be subject to any ac20 tion under sections 309 or 505 for 

21 any violation committed by any other 

22 party. 

23 ‘‘(C) OBLIGATIONS OF STATES AND INDIAN

24 TRIBES.—Except as otherwise provided in this 

25 section, nothing in this subsection limits any 


hsrobinson on DSK69SOYB1PROD with BILLS
36 

•S 1777 IS

1 obligation of a State or Indian tribe described 

2 in section 303. 

3 ‘‘(D) OTHER DEVELOPMENT.— 

4 ‘‘(i) IN GENERAL.—Any development 

5 of an inactive or abandoned mine site (in6 cluding any activity relating to mineral ex7 ploration, processing, beneficiation, or min8 ing), including development by a permittee 

9 or any cooperating person, not authorized 

10 in a permit issued by the permitting au11 thority under this subsection shall be sub12 ject to this Act. 

13 ‘‘(ii) COMMINGLING OF DIS14 CHARGES.—The commingling of any other 

15 discharge or water with any discharge or 

16 water subject to a Good Samaritan dis17 charge permit issued under this subsection 

18 shall not limit or reduce the liability of any 

19 person associated with the water or dis20 charge that is not subject to the Good Sa21 maritan discharge permit. 

22 ‘‘(E) RECOVERABLE VALUE.—A Good Sa23 maritan to whom a permit is issued may sell or 

24 use materials recovered during the implementaVerDate Nov 24 2008 22:01 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

hsrobinson on DSK69SOYB1PROD with BILLS
37 

•S 1777 IS

1 tion of the plan only if the proceeds of any such 

2 sale are used to defray the costs of— 

3 ‘‘(i) remediation of the site addressed 

4 in the permit; or 

5 ‘‘(ii) voluntary remediation of any 

6 other inactive or abandoned mine site cov7 ered by a permit issued under this section. 

8 ‘‘(F) STATE CERTIFICATION.— 

9 ‘‘(i) IN GENERAL.—Except as pro10 vided in clause (ii), to the extent that this 

11 subsection relates to water quality stand12 ards, certification under section 401 shall 

13 not apply to any Good Samaritan dis14 charge permit issued under this subsection. 

15 ‘‘(ii) EXCEPTION.—In any case in 

16 which certification under section 401 

17 would otherwise be required, no Good Sa18 maritan discharge permit shall be issued 

19 by a permitting authority under this sub20 section without the concurrence of— 

21 ‘‘(I) the State in which the site of 

22 the discharge is located; or 

23 ‘‘(II) the Indian tribe that owns 

24 or has jurisdiction over the site on 


hsrobinson on DSK69SOYB1PROD with BILLS
38 

•S 1777 IS

1 which a remediation project is pro2 posed. 

3 ‘‘(G) STATE AND TRIBAL RECLAMATION

4 PROGRAMS.—No State, Indian tribe, or other 

5 person shall be required to obtain a Good Sa6 maritan discharge permit pursuant to this sub7 section for any discharge, including any dis8 charge associated with the remediation of an in9 active or abandoned mine site with respect to 

10 the conduct of reclamation work under a State 

11 or tribal abandoned mine reclamation plan ap12 proved under title IV of the Surface Mining 

13 Control and Reclamation Act of 1977 (30 

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

15 ‘‘(9) LIABILITY OF OTHER PARTIES.—Nothing 

16 in this subsection (including any result caused by 

17 any action taken by a permittee or a cooperating 

18 person) limits the liability of any person other than 

19 a permittee or a cooperating person under this Act 

20 or any other law. 

21 ‘‘(10) REGULATIONS.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), not later than 1 year after the date 

24 of enactment of this subsection, after providing 

25 for public notice and an opportunity to comVerDate Nov 24 2008 22:01 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

hsrobinson on DSK69SOYB1PROD with BILLS
39 

•S 1777 IS

1 ment and a public hearing, the Administrator, 

2 in consultation with the Secretary of the Inte3 rior and the Secretary of Agriculture, and ap4 propriate State, tribal, and local officials, shall 

5 promulgate regulations to establish— 

6 ‘‘(i) generally applicable requirements 

7 for remediation plans described in para8 graph (3)(B); and 

9 ‘‘(ii) any other requirement that the 

10 Administrator determines to be necessary. 

11 ‘‘(B) SPECIFIC REQUIREMENTS BEFORE

12 PROMULGATION OF REGULATIONS.—Before the 

13 date on which the Administrator promulgates 

14 regulations under subparagraph (A), a permit15 ting authority may establish, on a case-by-case 

16 basis, specific requirements that the permitting 

17 authority determines would facilitate the imple18 mentation of this subsection with respect to a 

19 Good Samaritan discharge permit issued to a 

20 permittee. 

21 ‘‘(11) FUNDING.— 

22 ‘‘(A) ELIGIBILITY FOR SECTION 319

23 GRANTS.—A permittee shall be eligible to apply 

24 for a grant under section 319(h). 


hsrobinson on DSK69SOYB1PROD with BILLS
40 

•S 1777 IS

1 ‘‘(B) GRANTS.—Subject to the availability 

2 of appropriated funds, the Administrator may 

3 award to any permittee a grant to assist the 

4 permittee in implementing a remediation plan 

5 with respect to a Good Samaritan discharge 

6 permit of the permittee. 

7 ‘‘(12) REPORT TO CONGRESS.— 

8 ‘‘(A) IN GENERAL.—Not later than 1 year 

9 before the date of termination of the authority 

10 of the permitting authority under paragraph 

11 (13), the Administrator shall submit to Con12 gress a report describing the activities author13 ized by this subsection. 

14 ‘‘(B) CONTENTS.—The report required 

15 under subparagraph (A) shall contain, at a 

16 minimum— 

17 ‘‘(i) a description of— 

18 ‘‘(I) each Good Samaritan dis19 charge permit issued under this sub20 section; 

21 ‘‘(II) each permittee; 

22 ‘‘(III) each inactive or abandoned 

23 mine site addressed by a Good Samar24 itan discharge permit issued under 

25 this subsection (including each body 


hsrobinson on DSK69SOYB1PROD with BILLS
41 

•S 1777 IS

1 of water and the baseline water qual2 ity of each body of water affected by 

3 each inactive or abandoned mine site); 

4 ‘‘(IV) the status of the implemen5 tation of each remediation plan associ6 ated with each Good Samaritan dis7 charge permit issued under this sub8 section (including specific progress 

9 that each remediation activity con10 ducted by a permittee pursuant to 

11 each Good Samaritan discharge per12 mit has made toward achieving the 

13 goals and objectives of the remedi14 ation plan); and 

15 ‘‘(V) each enforcement action 

16 taken by the Administrator or applica17 ble State or Indian tribe concerning a 

18 Good Samaritan discharge permit 

19 issued under this subsection (includ20 ing the disposition of the action); 

21 ‘‘(ii) a summary of each remediation 

22 plan associated with a Good Samaritan 

23 discharge permit issued under this sub24 section, including— 


hsrobinson on DSK69SOYB1PROD with BILLS
42 

•S 1777 IS

1 ‘‘(I) the goals and objectives of 

2 the remediation plan; 

3 ‘‘(II) the budget of the activities 

4 conducted pursuant to the remedi5 ation plan; and 

6 ‘‘(III) the practices to be em7 ployed by each permittee in accord8 ance with the remediation plan of the 

9 permittee to reduce, control, mitigate, 

10 or eliminate adverse impacts to the 

11 quality of applicable bodies of water; 

12 and 

13 ‘‘(iii) any recommendations that may 

14 be proposed by the Administrator to mod15 ify any law (including this subsection and 

16 any regulation promulgated under para17 graph (10)) to facilitate the improvement 

18 of water quality through the remediation of 

19 inactive or abandoned mine sites. 

20 ‘‘(13) TERMINATION OF AUTHORITY.—The au21 thority granted to the permitting authority under 

22 this subsection to issue Good Samaritan discharge 

23 permits terminates on the date that is 10 years after 

24 the date of enactment of this subsection. 


hsrobinson on DSK69SOYB1PROD with BILLS
43 

•S 1777 IS

1 ‘‘(14) SEVERABILITY.—If any provision of this 

2 subsection, or the application of any provision of this 

3 subsection to any person or circumstance, is held in4 valid, the application of such provision to other per5 sons or circumstances, and the remainder of this 

6 subsection, shall not be affected thereby.’’. 

Æ 


hsrobinson on DSK69SOYB1PROD with BILLS