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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5071 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 5071

   To establish a pilot project for the remediation of abandoned and 
inactive hardrock mines in the Upper Animas River basin in southwestern 
                               Colorado.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2006

 Mr. Salazar introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
   To establish a pilot project for the remediation of abandoned and 
inactive hardrock mines in the Upper Animas River basin in southwestern 
                               Colorado.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Animas River Good 
Samaritan Mined Land Remediation Pilot Project Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) thousands of abandoned or inactive mines exist in the 
        West and elsewhere in the United States that often cause acid 
        mine drainage into our Nation's waters;
            (2) often, a person that is responsible for conditions at 
        abandoned or inactive mined land is not identifiable or 
        economically viable, resulting in an inability to compel the 
        person to clean up the mine site;
            (3) cleanup of these sites is hampered by liability 
        concerns and disagreements over how those concerns should be 
        addressed;
            (4) a pilot program in a small geographic area may 
        demonstrate how best to address liability issues;
            (5) only a small number of the hundreds of inactive mines 
        in the Upper Animas River basin in San Juan County, Colorado, 
        have been actively mined since the 1940's;
            (6) 29 total maximum daily load allocations have been 
        established pursuant to section 303(d) of the Federal Pollution 
        Control Act (33 U.S.C. 1313(d)) for particular metals in 
        specific segments of the Upper Animas River basin; and
            (7) the Upper Animas River basin is one of 2 geographic 
        areas nationwide chosen for intensive study under the 
        Department of Interior's Abandoned Mine Lands Initiative.
    (b) Purpose.--The purpose of this Act is to initiate a 10-year 
pilot program in the Upper Animas River basin which facilitates the 
cleanup of abandoned and inactive mine sites in the basin that 
negatively impact water quality by limiting liability under sections 
301, 302, and 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1311, 1313, 1342) for third parties not responsible for the degradation 
but who take steps to improve water quality.

SEC. 3. ABANDONED OR INACTIVE MINED LAND REMEDIATION PERMITS.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1342) is amended by adding at the end the following:
    ``(r) Abandoned or Inactive Mined Land Remediation Permits.--
            ``(1) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Abandoned or inactive mined land.--The term 
                `abandoned or inactive mined land' means land located 
                in the Animas River watershed above Elk Creek in San 
                Juan County, Colorado, formerly hardrock mined for 
                noncoal resources--
                            ``(i) that is no longer actively mined (and 
                        not in temporary shutdown) as of January 1, 
                        1992;
                            ``(ii) that is not included on the National 
                        Priorities List under the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9601 et seq.); 
                        and
                            ``(iii) for which there is no known 
                        responsible owner or operator.
                    ``(B) Responsible owner or operator.--The term 
                `responsible owner or operator' means a person, 
                including a governmental entity--
                            ``(i) that is responsible for activities 
                        conducted at abandoned or inactive mined land 
                        that created conditions that cause or 
                        contribute to the discharge of pollutants from 
                        the abandoned or inactive mined land; and
                            ``(ii) that is financially capable of 
                        compliance with the requirements of sections 
                        301 and 302 and this section.
                    ``(C) Remediating party.--The term `remediating 
                party' means--
                            ``(i) the United States, except with 
                        respect to abandoned or inactive mined land 
                        located on Federal land;
                            ``(ii) the State of Colorado or political 
                        subdivision thereof; or
                            ``(iii) a person that is not--
                                    ``(I) responsible for activities 
                                conducted at the site to be remediated 
                                that caused or contributed to the 
                                discharge of pollutants from the site; 
                                or
                                    ``(II) the owner of the site.
                    ``(D) Cooperating party.--The term `cooperating 
                party' means any person, including a governmental 
                entity, that is not the owner of the site to be 
                remediated or responsible for activities conducted at 
                the site to be remediated that caused or contributed to 
                the discharge of pollutants from the site--
                            ``(i) participates in the design or 
                        implementation of the practices described in 
                        paragraph (3)(B)(viii) with respect to such 
                        site;
                            ``(ii) participates in the design or 
                        implementation of monitoring or other forms of 
                        assessment described in paragraph (3)(B)(x) 
                        with respect to such site; or
                            ``(iii) raises, contributes, or administers 
                        funding or in-kind services for the purposes 
                        described in paragraph (3)(B)(viii) or 
                        (3)(B)(x) with respect to such site.
            ``(2) Permits.--
                    ``(A) In general.--The Administrator shall conduct 
                beginning on the 90th day following the date of 
                enactment of this subsection a 10-year pilot project 
                under which the Administrator, with the concurrence of 
                the State of Colorado, may issue, modify, enforce, or 
                terminate a permit issued under this section to a 
                remediating party for discharges associated with 
                remediation activity at abandoned or inactive mined 
                land and that modifies the otherwise applicable 
                requirements of any other subsection of this section or 
                section 301, 302, or 401.
                    ``(B) Delegation.--The Administrator may delegate 
                all or part of the authority under subparagraph (A) to 
                the State of Colorado.
            ``(3) Permit process.--
                    ``(A) Scope.--A remediating party may apply for a 
                permit under this section for remediation activities at 
                abandoned or inactive mined land from which there is or 
                may be a discharge of pollutants to waters of the 
                United States.
                    ``(B) Remediation plan.--A remediating party that 
                seeks a permit under subparagraph (A) shall submit an 
                application for the permit that includes a remediation 
                plan that--
                            ``(i) identifies the remediating party and 
                        any cooperating parties with respect to the 
                        plan;
                            ``(ii) identifies the geographic boundaries 
                        of the abandoned or inactive mined land 
                        addressed by the plan, including a verification 
                        that the land is abandoned or inactive mined 
                        land;
                            ``(iii) identifies the waters of the United 
                        States affected by past mining activities at 
                        the abandoned or inactive mined land;
                            ``(iv) describes the baseline conditions of 
                        the waters at the time of the permit 
                        application (including the nature and extent of 
                        any pollutant causing an adverse water quality 
                        impact);
                            ``(v) describes the physical and chemical 
                        conditions at, and pollutants from, the 
                        abandoned or inactive mined land that are 
                        causing adverse water quality impacts;
                            ``(vi) describes the applicant's reasonable 
                        efforts to identify--
                                    ``(I) current owners and lessees of 
                                the abandoned or inactive mined land; 
                                and
                                    ``(II) any persons, including mine 
                                operators, whose activities at or on 
                                such land after October 18, 1972, 
                                created conditions that cause or 
                                contribute to the discharge of 
                                pollutants from such land;
                            ``(vii) describes the remediation goals and 
                        objectives of the plan, including the pollutant 
                        or pollutants to be addressed by the plan;
                            ``(viii) describes the practices, including 
                        a schedule and estimated completion date for 
                        implementing the practices, that are proposed 
                        to reduce, control, mitigate, or eliminate the 
                        adverse water quality impacts described in 
                        clause (v), including--
                                    ``(I) in the case of a new 
                                remediation project, the preliminary 
                                system design and construction, 
                                operation, and maintenance plans; and
                                    ``(II) in the case of an existing 
                                remediation project, available system 
                                design and construction, operation, and 
                                maintenance plans and any planned 
                                improvements to the project;
                            ``(ix) explains how the practices described 
                        in clause (viii) are expected to result in 
                        furthering the objectives of existing total 
                        maximum daily load allocations under section 
                        303(d) for the identified waters;
                            ``(x) describes the monitoring or other 
                        forms of assessment that will be undertaken to 
                        evaluate the success of the practices described 
                        in clause (viii) during and after 
                        implementation of such practices, relative to 
                        baseline conditions;
                            ``(xi) describes a mechanism or method that 
                        will ensure the full net environmental benefits 
                        of the project are realized in the future even 
                        if ownership of the land changes;
                            ``(xii) describes contingency plans for 
                        responding to foreseeable, unplanned, adverse 
                        events;
                            ``(xiii) provides a schedule for periodic 
                        reporting on progress in implementing the plan;
                            ``(xiv) provides a budget for the plan and 
                        identifies the funding sources that will 
                        support the implementation of the plan;
                            ``(xv) describes the applicant's legal 
                        authority to enter and conduct activities at or 
                        on the abandoned or inactive mined land to be 
                        addressed by the plan;
                            ``(xvi) contains any additional information 
                        requested by the Administrator to clarify the 
                        plan and activities covered by the plan; and
                            ``(xvii) is signed by the applicant.
                    ``(C) Review of application.--
                            ``(i) In general.--The Administrator shall 
                        review each permit application submitted under 
                        subparagraph (B), and determine whether the 
                        application meets the requirements of 
                        subparagraph (B) and contains all the 
                        information required by the Administrator, 
                        within 90 days of the date of such submittal.
                            ``(ii) Disapproval.--If the Administrator 
                        determines that an application submitted under 
                        subparagraph (B) does not meet the requirements 
                        of subparagraph (B), the Administrator, shall 
                        notify the applicant that the application is 
                        disapproved, explain the reasons for the 
                        disapproval, and allow the applicant to submit 
                        a revised application.
                            ``(iii) Approval.--If the Administrator 
                        determines that a permit application submitted 
                        under subparagraph (B) meets the requirements 
                        of subparagraph (B) and contains all the 
                        information required by the Administrator, the 
                        Administrator shall notify the applicant of the 
                        proposed issuance of the permit being applied 
                        for, provide to the public notice in the San 
                        Juan County, Colorado, and La Plata County, 
                        Colorado, newspapers of, and an opportunity to 
                        comment on, such proposed issuance and hold a 
                        public hearing on such proposed issuance in the 
                        Animas River watershed, Colorado.
                    ``(D) Issuance.--
                            ``(i) Decision to issue.--After notice and 
                        opportunity for public comment on a permit 
                        proposed to be issued for mined land under 
                        subparagraph (C)(iii), the Administrator may 
                        issue the permit to the applicant remediation 
                        party if the Administrator, with the 
                        concurrence of the State of Colorado, 
                        determines that--
                                    ``(I) relative to the resources 
                                available to the remediating party for 
                                the proposed remediation activity, the 
                                remediating party has made a reasonable 
                                effort to identify persons under 
                                subparagraph (B)(vi);
                                    ``(II) no responsible owner or 
                                operator exists for the mined land; and
                                    ``(III) the remediation party has 
                                demonstrated with reasonable certainty 
                                that the implementation of the 
                                remediation plan will result in an 
                                improvement in water quality and will 
                                further the goal of meeting existing 
                                total maximum daily load allocations 
                                applicable under section 303(d) taking 
                                into consideration the resources 
                                available to the remediating party for 
                                the proposed remediation activity.
                            ``(ii) Decision not to issue.--If the 
                        Administrator decides not to issue the permit 
                        to the applicant, the Administrator shall 
                        notify the applicant of the reasons for not 
                        issuing the permit not later than 30 days after 
                        the date of the decision.
                    ``(E) Modification.--
                            ``(i) In general.--Not later than 15 days 
                        after the date of receipt of a written request 
                        for modification of a permit issued under 
                        subparagraph (D), the Administrator shall 
                        provide to the public notice of such request. 
                        Not later than 30 days after the last date on 
                        which such notice is provided, the 
                        Administrator shall approve or disapprove the 
                        modification, unless a public hearing is 
                        requested by a person, Indian tribe, State 
                        agency, or local governmental agency during 
                        such 30-day period.
                            ``(ii) Public hearing.--If a public hearing 
                        is requested under clause (i), the 
                        Administrator shall have 90 days beginning on 
                        the date of such request to hold in the Animas 
                        River watershed a public hearing on the 
                        modification and approve or disapprove the 
                        modification.
                            ``(iii) Approval.--The Administrator may 
                        only approve a permit modification under this 
                        subparagraph if--
                                    ``(I) the State of Colorado concurs 
                                in such approval; and
                                    ``(II) the Administrator determines 
                                that the modified remediation plan will 
                                comply with subparagraph (D)(i)(III).
                            ``(iv) Administrative provision.--The 
                        Administrator shall ensure that a permit 
                        modification approved under this subparagraph 
                        is immediately reflected in, and applicable to, 
                        the permit.
            ``(4) Contents of permit.--
                    ``(A) In general.--A permit issued or modified, or 
                both, under this subsection shall--
                            ``(i) include a remediation plan approved 
                        by the Administrator and any additional 
                        requirements that the Administrator establishes 
                        under paragraph (10);
                            ``(ii) provide for compliance with and 
                        implementation of the remediation plan and the 
                        additional requirements;
                            ``(iii) establish a schedule for review by 
                        the Administrator of compliance with the 
                        conditions and limitations of the permit; and
                            ``(iv) exempt the remediating party or any 
                        cooperating parties with respect to the 
                        remediation plan from complying with any other 
                        subsection of this section or with section 301 
                        or 302.
                    ``(B) Recoverable value.--A remediation party for a 
                permit issued or modified, or both, under this 
                subsection is not prohibited from selling or using 
                materials recovered during the implementation of the 
                remediation plan under the permit, but the proceeds of 
                any such sale must be used to defray the costs of 
                remediation of the mined land addressed in the permit 
                or the costs of remediation of other abandoned or 
                inactive mined lands.
            ``(5) Failure to comply.--If, during a review conducted 
        under paragraph (4)(A)(iii), on the receipt of a petition from 
        any person, or for any other appropriate reason, the 
        Administrator determines that the remediating party for a 
        permit issued or modified, or both, under this subsection has 
        failed to comply with the provisions of the permit, the 
        Administrator may bring an enforcement action under section 
        309.
            ``(6) State certification.--To the extent that this 
        subsection relates to water quality standards, a certification 
        under section 401 shall not apply to a permit issued or 
        modified, or both, under this subsection.
            ``(7) Termination.--
                    ``(A) Mandatory.--The Administrator, with the 
                concurrence of the State of Colorado, shall terminate a 
                permit issued or modified, or both, under this 
                subsection if--
                            ``(i) the remediating party completes the 
                        implementation of the remediation plan; or
                            ``(ii) a discharge covered by the permit 
                        becomes subject to a permit issued under the 
                        other subsections of this section that is not 
                        part of the implementation of the remediation 
                        plan.
                    ``(B) Discretionary.--The Administrator, with the 
                concurrence of the State of Colorado, may terminate a 
                permit issued or modified, or both, under this 
                subsection if--
                            ``(i) an event or condition is encountered 
                        that was not contemplated by the remediation 
                        plan and is beyond the control of the 
                        remediating party; or
                            ``(ii) the remediating party fails to 
                        conduct the remediation according to the 
                        approved remediation plan.
                    ``(C) No enforcement liability.--If a permit is 
                terminated under this paragraph, the remediating party 
                and any cooperating parties with respect to the 
                remediation plan shall not be subject to enforcement 
                under section 309 or 505 for any remaining discharges 
                from the abandoned or inactive mined land described in 
                the permit.
            ``(8) Limitations.--
                    ``(A) Emergency powers.--Nothing in this subsection 
                limits the authority of the Administrator under section 
                504.
                    ``(B) Prior violations.--Nothing in this subsection 
                or a permit issued or modified, or both, under this 
                subsection precludes an action under section 309 or 505 
                or affects the relief available in an action under such 
                section, with respect to a violation of this section or 
                section 301(a) or 302 that occurred prior to the 
                issuance of a permit under this subsection.
                    ``(C) Obligation of states and indian tribes.--
                Except as expressly provided, nothing in this 
                subsection limits any obligation of a State or Indian 
                tribe under section 303.
                    ``(D) Other development.--Nothing in this 
                subsection affects the applicability of this Act (other 
                than this subsection) to any development of abandoned 
                or inactive mined land (including mineral exploration 
                or mining) not described in a permit issued by the 
                Administrator under this subsection.
            ``(9) Liability of other parties.--Nothing in this 
        subsection limits the liability under this Act (other than this 
        subsection) or any other law of any person (other than the 
        remediating party and any cooperating parties) with respect to 
        the remediation plan for a permit approved or modified, or 
        both, under this subsection.
            ``(10) Regulations.--Not later than 1 year after the date 
        of enactment of this subsection, the Administrator, in 
        consultation with the State of Colorado, tribal, and local 
        officials and after providing notice, an opportunity for 
        comment, and a hearing, shall issue regulations establishing 
        generally applicable requirements for remediation plans 
        described in paragraph (3)(B) and such other regulations as the 
        Administrator considers necessary to carry out this subsection
            ``(11) Funding for implementing remediation plans.--
                    ``(A) In general.--There is authorized to be 
                appropriated to the Administrator $30,000,000 to pay 85 
                percent of the costs of designing and implementing 
                remediation plans for which permits are issued under 
                this subsection. The remaining share of such costs may 
                be provided with funds or in-kind services by private, 
                local, State, or other Federal sources, including 
                grants under section 319.
                    ``(B) Priority.--The funds appropriated under this 
                paragraph shall be allocated first to proposed 
                remediation plans that are comparatively more likely 
                than other proposed remediation plans to further the 
                objectives of the existing total maximum daily load 
                allocations under section 303(d) with respect to 
                discharges from abandoned or inactive mined land.
            ``(12) Reports.--
                    ``(A) In general.--Not later than the last day of 
                each of the 2nd, 5th, 7th, and 10th years of the pilot 
                program conducted pursuant to this subsection, the 
                Administrator shall submit to Congress a report on the 
                activities carried out under this subsection.
                    ``(B) Contents.--The report under subparagraph (A) 
                shall, at a minimum--
                            ``(i) identify each permit issued under 
                        this subsection and associated remediating 
                        party;
                            ``(ii) identify the abandoned or inactive 
                        mined land addressed by each permit issued 
                        under this subsection (including the water 
                        bodies and baseline water quality of the water 
                        bodies affected by the land);
                            ``(iii) summarize the remediation plan 
                        associated with each permit issued under this 
                        subsection, including the goals and objectives 
                        of the plan, the plan budget, and the practices 
                        to be employed according to the plan to reduce, 
                        control, mitigate, or eliminate adverse water 
                        quality impacts on such water bodies;
                            ``(iv) identify the status of the 
                        implementation of each remediation plan 
                        associated with each permit issued under this 
                        subsection (including specific progress that 
                        permitted remediation activities have made 
                        toward achieving the goals and objectives of 
                        the remediation plan);
                            ``(v) identify and describe any enforcement 
                        action taken by the Administrator or any civil 
                        action brought by a citizen concerning a permit 
                        issued under this subsection (including the 
                        disposition of the legal action); and
                            ``(vi) include recommendations by the 
                        Administrator for any modifications to this 
                        subsection, or regulations issued under 
                        paragraph (10) to implement this subsection, 
                        that would facilitate the improvement of water 
                        quality through remediation of abandoned or 
                        inactive mined land.
            ``(13) Termination of permitting authority.--The authority 
        granted to the Administrator under this subsection to issue an 
        abandoned or inactive mined land remediation permit terminates 
        on the date that is 10 years after the date of enactment of 
        this subsection.''.
                                 <all>
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