I 

109TH CONGRESS 

2D SESSION H. R. 5404 

To authorize the Administrator of the Environmental Protection Agency to 

advance cooperative conservation efforts, to reduce barriers to the formation and use of partnerships to enable Federal environmental stewardship 

agencies to meet the conservation goals and obligations of the agencies, 

to promote remediation of inactive and abandoned mines, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2006 

Mr. DUNCAN (by request) introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure, and in addition to 

the Committees on Energy and Commerce and Resources, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To authorize the Administrator of the Environmental Protection Agency to advance cooperative conservation efforts, 

to reduce barriers to the formation and use of partnerships to enable Federal environmental stewardship agencies to meet the conservation goals and obligations of 

the agencies, to promote remediation of inactive and 

abandoned 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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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Good Samaritan Clean 

3 Watershed Act’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) advancing cooperative conservation requires 

7 greater use of restoration, enhancement, and other 

8 management actions and effective use of regulatory 

9 protections; 

10 (2) to achieve the objectives described in para11 graph (1), the Federal Government must tap the in12 genuity, imagination, and innovative spirit of citi13 zens at the local level; 

14 (3) to carry out paragraph (2), it is necessary 

15 to engage the collaborative participation of citizens, 

16 nongovernmental organizations, and governmental 

17 agencies in conservation and environmental steward18 ship actions and decisions; 

19 (4) cooperative conservation yields measurable 

20 benefits to the environment and natural resources, 

21 emphasizes collaborative problem solving and alter22 natives to traditional forms of dispute resolution, 

23 and respects property rights, contracts, compacts, 

24 and other legally-recognized interests in land and 

25 other natural resources; 


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1 (5) it is the intent of Congress to recognize the 

2 importance of enhancing means available to citizens, 

3 landowners, non-governmental entities, States, 

4 tribes, and Federal agencies to achieve improve5 ments to the environment and natural resources 

6 through cooperative conservation; 

7 (6) environmental progress can be accelerated 

8 through cooperative conservation, which encourages 

9 citizens and government at all levels to achieve envi10 ronmental results through cooperation over con11 frontation; 

12 (7) historic hardrock mining practices in the 

13 United Sates occurred under a wide variety of Fed14 eral and State laws, policies, and actions; 

15 (8) mining operations produce metals and min16 erals with important social benefits and values; 

17 (9) many areas in which historic mining took 

18 place in the United States are now inactive and 

19 abandoned mine sites; 

20 (10) many of those mine sites have polluted the 

21 environment for well over a century and will con22 tinue to do so indefinitely unless remediated; 

23 (11) unabated discharges from inactive and 

24 abandoned mines will continue to pollute surface 

25 water, groundwater, and soils; 


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1 (12) many of the streams and waterbodies im2 pacted by acid mine drainage are important re3 sources for fish and wildlife, recreation, drinking 

4 water, agriculture, and other public purposes; 

5 (13) many of the individuals, corporate owners, 

6 and operators of those mines, which caused that pol7 lution, are no longer alive or in existence; 

8 (14) many States, Indian tribes, conservation 

9 groups, corporations, and communities are willing to 

10 voluntarily remediate historic mine sites for the pub11 lic good as Good Samaritans, even though they are 

12 not legally required to do so; 

13 (15) the potential environmental liabilities that 

14 may result from the remediation continue to dis15 suade Good Samaritans from acting for the public 

16 good; 

17 (16) it is in the interest of the United States, 

18 the States, Indian tribes, and local communities that 

19 historic mine sites are remediated so that environ20 mental impacts of the sites are lessened; and 

21 (17) if appropriate legal protections are pro22 vided, Good Samaritans will have a greater incentive 

23 to remediate those sites for the public good. 

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


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1 (1) to restore watersheds and improve water 

2 quality impacted by historic mine sites; 

3 (2) to encourage partial or complete remedi4 ation of inactive and abandoned mining sites for the 

5 public good by persons who are not otherwise legally 

6 responsible for the remediation; 

7 (3) to provide appropriate legal protections for 

8 Good Samaritans under applicable environmental 

9 laws for work performed under this Act; 

10 (4) to ensure that remediation performed by 

11 Good Samaritans creates environmental benefits; 

12 (5) to further innovation and cooperation 

13 among government, private individuals, and corpora14 tions to accelerate conservation and environmental 

15 restoration; 

16 (6) to create an efficient process under which 

17 the cost and complexity of obtaining a permit are 

18 commensurate with the scope of remediation work to 

19 be completed, recognizing the environmental and so20 cial benefits to be realized; and 

21 (7) to ensure that the protections for Good Sa22 maritans provided in this Act are interpreted in ac23 cordance with the purposes of this Act and to en24 hance the public good. 


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1 SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES 

2 BY GOOD SAMARITANS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Environ6 mental Protection Agency. 

7 (2) COOPERATING PERSON.—The term ‘‘cooper8 ating person’’ means any person (other than a Fed9 eral agency) that— 

10 (A) meets the definition of Good Samari11 tan; 

12 (B) assists a Good Samaritan in the reme13 diation of an inactive or abandoned mine site; 

14 and 

15 (C) is identified in a permit issued pursu16 ant to this Act. 

17 (3) COOPERATIVE CONSERVATION.—The term 

18 ‘‘cooperative conservation’’ mean any action that— 

19 (A) relates to the use, enhancement, and 

20 enjoyment of natural resources or the protec21 tion of the environment, or both; and 

22 (B) involves collaborative activity among 2 

23 or more entities or individuals, including— 

24 (i) Federal, State, local, and tribal 

25 governments; 


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1 (ii) private for-profit and nonprofit in2 stitutions; 

3 (iii) other nongovernmental entities; 

4 and 

5 (iv) individuals. 

6 (4) ENVIRONMENTAL LAWS.—The term ‘‘envi7 ronmental laws’’ means— 

8 (A) the Federal Water Pollution Control 

9 Act (33 U.S.C. 1251 et seq.); and 

10 (B) the Comprehensive Environmental Re11 sponse, Compensation, and Liability Act of 

12 1980 (42 U.S.C. 9601 et seq.). 

13 (5) FEDERAL LAND MANAGEMENT AGENCY.— 

14 The term ‘‘Federal land management agency’’ 

15 means any agency of the Federal Government au16 thorized by statute to exercise jurisdiction, custody, 

17 or control over lands of the United States. 

18 (6) FINANCIAL RESOURCES.—The term ‘‘finan19 cial resources’’ means any financial condition or in20 strument, including money, insurance, a guarantee, 

21 a surety bond, a letter of credit, a qualification as 

22 a self-insurer, or any condition or instrument as the 

23 Administrator determines to be appropriate. 

24 (7) GOOD SAMARITAN.—Subject to subpara25 graph (B), the term ‘‘Good Samaritan’’ means a 


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1 person that, with respect to an inactive or aban2 doned mine site— 

3 (A) did not participate in any way in the 

4 creation of or activities causing the historic 

5 mine residue at the inactive or abandoned mine 

6 site; and 

7 (B) is not liable or responsible under any 

8 Federal, State or tribal law for the remediation 

9 of the historic mine residue. A person who has 

10 an ownership interest in an inactive or aban11 doned mine site, or who had such an interest at 

12 any time during or since the creation of the his13 toric mine residue at such site, is not eligible to 

14 act as a Good Samaritan at such site. 

15 (8) INACTIVE OR ABANDONED MINE SITE.—The 

16 term ‘‘inactive or abandoned mine site’’ means any 

17 mine site, including any mill or processing site, that 

18 is not owned by any person who caused or contrib19 uted to the historic mine residue or any successor in 

20 interest to such a person and that— 

21 (A) was used for the production of a min22 eral-bearing ore other than coal; 

23 (B) has historic mine residue, which may 

24 include, among other materials from prior min25 ing activities— 


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1 (i) tailings or mine waste piles; 

2 (ii) abandoned equipment (or mate3 rials in equipment); or 

4 (iii) acidic or otherwise polluted flows 

5 in surface or ground water; 

6 (C) is no longer in operation and is not 

7 subject to a temporary shutdown as of the ef8 fective date of this Act; and 

9 (D) has no identifiable liable persons under 

10 Federal, State, or tribal law (excluding the 

11 owner of the mine site who did not cause or 

12 contribute to the historic mine residue), based 

13 on an inquiry that is reasonable under the cir14 cumstances. 

15 (9) INDIAN COUNTRY.—The term ‘‘Indian coun16 try’’ has the meaning given the term in section 1151 

17 of title 18, United States Code. 

18 (10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

19 means any Indian tribe, band, group, or community 

20 recognized by the Secretary of the Interior and exer21 cising governmental authority over land within the 

22 limits of any Indian reservation under the jurisdic23 tion of the Federal Government, notwithstanding the 

24 issuance of any patent, and including rights-of way 

25 running through the reservation. 


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1 (11) PERMITTING AUTHORITY.—The term ‘‘per2 mitting authority’’ means the Administrator or, in 

3 the case of a State or tribal program authorized by 

4 the Administrator, the head of such program. 

5 (12) PERSON.—The term ‘‘person’’ includes— 

6 (A) an individual; 

7 (B) a firm; 

8 (C) a corporation; 

9 (D) an association; 

10 (E) a partnership; 

11 (F) a consortium; 

12 (G) a joint venture; 

13 (H) a commercial entity; 

14 (I) a nonprofit organization; 

15 (J) the Federal Government; 

16 (K) a State; 

17 (L) a political subdivision of a State; 

18 (M) an Indian tribe; 

19 (N) an interstate entity; and 

20 (O) a commission. 

21 (13) PUBLIC TRUSTEE FOR NATURAL RE22 SOURCES.—The term ‘‘public trustee for natural re23 sources’’ means any public entity designated by the 

24 President in the National Contingency Plan pub25 lished under section 105 of the Comprehensive EnviVerDate Aug 31 2005 05:13 May 24, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5404.IH H5404

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1 ronmental Response, Compensation, and Liability 

2 Act of 1980 (42 U.S.C. 9605), to act on behalf of 

3 the public as trustee for natural resources. 

4 (14) REMEDIATION.—The term ‘‘remediation’’ 

5 means the cleanup of historic mine residue at an in6 active or abandoned mine site and shall not be con7 strued to have the meaning set forth for that term 

8 under any other environmental statute or program. 

9 (15) STATE.—The term ‘‘State’’ means any of 

10 the several States of the United States, the District 

11 of Columbia, the Commonwealth of Puerto Rico, 

12 Guam, American Samoa, the United States Virgin 

13 Islands, the Commonwealth of the Northern Mari14 anas, and any other territory or possession over 

15 which the United States has jurisdiction. 

16 (b) PERMITS.—The Administrator, or a State or In17 dian tribe with an approved remediation program under 

18 subsection (e), may issue a permit to a Good Samaritan 

19 to carry out a project to remediate all or part of an inac20 tive or abandoned mine site in accordance with the re21 quirements of this section. 

22 (c) ELIGIBILITY FOR PERMITS.—To be eligible for a 

23 permit to carry out a project to remediate an inactive or 

24 abandoned mine site in a State or area of Indian country 

25 under this section— 


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1 (1) the mine site shall be located in the United 

2 States; 

3 (2) the purpose of the project shall be to miti4 gate the effects of historic mine residue to improve 

5 the environment; 

6 (3) the mine site may not be a mine site in7 cluded on the National Priorities List developed by 

8 the President in accordance with section 

9 105(a)(8)(B) of the Comprehensive Environmental 

10 Response, Compensation, and Liability Act of 1980 

11 (42 U.S.C. 9605(a)(8)(B)) or a site at which the 

12 Environmental Protection Agency or another Fed13 eral, State, or tribal agency is investigating, plan14 ning to conduct, or is taking an environmental en15 forcement or response action, except where the Per16 mitting Authority determines, on a case-by-case 

17 basis, and after consultation with any other inter18 ested agency, that— 

19 (A) the proposed remediation project at 

20 the listed mine site is not inconsistent with and 

21 will not otherwise interfere with any other 

22 planned remediation at the mine site that is 

23 reasonably likely to occur; and 


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1 (B) the remediation project proposed by 

2 the Good Samaritan at the mine site will accel3 erate environmental improvements; 

4 (4) the permit shall authorize activities to reme5 diate historic mine residue at the inactive or aban6 doned mine site or to mitigate the impacts of the 

7 historic mine residue outside of the mine site; and 

8 (5) the person obtaining the permit shall be a 

9 Good Samaritan. 

10 (d) OTHER ACTIVITIES.—Any activities not described 

11 in the permit application and those activities not directly 

12 relating to the remediation of historic mine residue at or 

13 from the site shall not be authorized under a permit under 

14 this section. No new mining shall be authorized under this 

15 section. 

16 (e) STATE OR TRIBAL REMEDIATION PROGRAM.— 

17 (1) IN GENERAL.—Before a permit may be 

18 issued by a State or Indian tribe to carry out a 

19 project under this Act, the State or Indian tribe 

20 shall have in effect a voluntary Good Samaritan per21 mit program approved by the Administrator. The 

22 Governor of any State or the head of an Indian 

23 tribe’s governing body may submit to the Adminis24 trator an application to administer a Good Samari25 tan permit program for activities within its jurisdicVerDate Aug 31 2005 05:13 May 24, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5404.IH H5404

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1 tion at any time. An application under this section 

2 shall include a full and complete description of the 

3 permit program it proposes to administer under 

4 State or tribal law. The application must also in5 clude a statement from the State attorney general 

6 or, for an Indian tribe, the equivalent official author7 ized to represent the tribe in court pertaining to the 

8 Good Samaritan permit program application that 

9 the laws of the State or Indian tribe provide ade10 quate authority to carry out the described program. 

11 The Administrator shall approve such application 

12 within 120 days unless he or she determines that the 

13 requirements for a Good Samaritan permit program 

14 are not met. 

15 (2) REQUIREMENTS.—To meet the require16 ments of this subsection, under the State or tribal 

17 Good Samaritan permit program, a State (or Indian 

18 tribe) shall— 

19 (A) agree to participate in each project for 

20 which a State (or tribal) permit for remediation 

21 in the State or relevant area of Indian country 

22 is issued under this section; 

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1 ting responsibilities of the State (or Indian 

2 tribe) under this section; 

3 (C) provide an opportunity for judicial re4 view in State Court (or the body that exercises 

5 judicial functions of an Indian tribe) of the 

6 final approval or denial of permits by the State 

7 (or Indian tribe) that is sufficient to provide 

8 for, encourage, and assist public participation 

9 in the permitting process; and 

10 (D) possess legal authority to implement a 

11 Good Samaritan permit program with program 

12 elements consistent with those described in this 

13 Act, including State (or tribal) enforcement au14 thorities analogous to those in subsection (p). A 

15 State’s (or Indian tribe’s) Good Samaritan per16 mit program shall be administered in conform17 ance with the requirements and procedures in 

18 this Act, including any regulations promulgated 

19 under subsection (t), except that a State (or In20 dian tribe) is not precluded from omitting or 

21 modifying any program element to impose more 

22 stringent requirements. 

23 (f) APPLICATION FOR A PERMIT.—To obtain a per24 mit to carry out a project to remediate an inactive or 

25 abandoned mine site under this section, an applicant shall 


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1 submit to the Permitting Authority an application, signed 

2 by the applicant, that provides— 

3 (1) a description of the project site (including 

4 the boundaries of the project site and degraded wa5 ters); 

6 (2) an identification of— 

7 (A) any current owner or operator of the 

8 mine site; 

9 (B) any person with a legal right to ex10 clude other persons from the mine site or affect 

11 activities on the mine site, with a description of 

12 those legal rights; and 

13 (C) for sites on federally managed lands, 

14 the Federal land management agency; 

15 (3) evidence satisfactory to the Permitting Au16 thority that the applicant has acquired or is contrac17 tually authorized to acquire all legal rights necessary 

18 to enter the mine site and to perform the remedi19 ation described in the application; 

20 (4) evidence satisfactory to the Permitting Au21 thority that it will have access to the mine site to 

22 oversee the remediation; 

23 (5) a description, based on the conduct of an 

24 inquiry that is reasonable under the circumstances, 

25 of— 


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1 (A) all persons that may be legally respon2 sible for the remediation of the mine site; and 

3 (B) any relationship between those persons 

4 and the applicant; 

5 (6) a certification that— 

6 (A) the applicant knows of no other person 

7 that (as of the date of submission of the appli8 cation) is potentially legally responsible for the 

9 remediation of the mine site (excluding the 

10 owner of the mine site who did not cause or 

11 contribute to the historic mine residue); and 

12 (B) the applicant meets the definition of a 

13 Good Samaritan under this Act; 

14 (7) a description of any contractual ties or 

15 other legal relationship between the applicant and all 

16 persons with responsibility for compliance with any 

17 environmental laws at the mine and all sources of 

18 revenues for the proposed remediation; 

19 (8) a description of the historic mine residue to 

20 be remediated; 

21 (9) a general description of the baseline condi22 tions (meaning conditions as of the date of submis23 sion of the application) of the environment affected 

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1 cluding, if available, any sampling data or informa2 tion regarding the extent of contamination; 

3 (10) a description of— 

4 (A) the nature and scope of the proposed 

5 remediation, including any proposed recycling 

6 or incidental reprocessing of historic mine res7 idue at the site and how it relates to the reme8 diation; 

9 (B) engineering plans for the project; and 

10 (C) the remediation alternatives, if any, 

11 considered in developing the proposed remedi12 ation plan; 

13 (11) a description of the manner in which the 

14 remediation will mitigate the drainage from the mine 

15 site to improve water quality; 

16 (12) a schedule for the work to be carried out 

17 under the project, including an end date by which 

18 the applicant plans to complete the work; 

19 (13) a budget for the work to be carried out 

20 under the project; 

21 (14) evidence satisfactory to the Permitting Au22 thority that the permittee has sufficient financial re23 sources to ensure that the permitted work, including 

24 any operation and maintenance, if any, will be com25 pleted; 


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1 (15) a description of a monitoring program fol2 lowing remediation, if any, that will be implemented 

3 to evaluate the effects of the remediation on the en4 vironment; 

5 (16) a plan for the operation and maintenance, 

6 if any, of any remediation; 

7 (17) a description of how any hazardous waste 

8 listed or identified under the Solid Waste Disposal 

9 Act (42 U.S.C. 6901 et seq.) at the site will be dis10 posed of; 

11 (18) a description of institutional controls, if 

12 any, that will be instituted for the site; 

13 (19) a description of the capacity (including 

14 technical and administrative) of the permittee to 

15 carry out the terms of the permit and the remedi16 ation plan; 

17 (20) a description of the history of environ18 mental compliance of the permittee, including any 

19 noncompliance for a period of time not less than 5 

20 years prior to the application; and 

21 (21) an identification of any cooperating per22 sons and description of activities by such persons. 

23 (g) PERMIT ISSUANCE.— 

24 (1) IN GENERAL.—The Permitting Authority 

25 may issue a permit under this section to carry out 


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1 a project for the remediation of an inactive or aban2 doned mine site eligible for a permit under this Act 

3 in a State or area of Indian country only if— 

4 (A) the Permitting Authority determines 

5 that— 

6 (i) the project will result in improve7 ment to the environment, including water 

8 quality, in the area of, or downstream 

9 from, the mine site; 

10 (ii) the permit applicant will minimize 

11 any short-term environmental impacts 

12 from the remediation, to the maximum ex13 tent practicable; 

14 (iii) the permit applicant has provided 

15 adequate evidence of financial resources 

16 that will allow the applicant to complete 

17 the permitted work; and 

18 (iv) the project meets the require19 ments of this section; and 

20 (B) any Federal, State, and tribal land 

21 management agency with jurisdiction over inac22 tive or abandoned mine sites to be subject to 

23 the proposed permit or public trustee for nat24 ural resources affected by historic mine residue 


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1 associated with such mine site does not object 

2 to the issuance of the permit. 

3 (2) CONSTRUCTION OF THE NATIONAL ENVI4 RONMENTAL POLICY ACT OF 1969.—No action of the 

5 Administrator taken pursuant to this section shall 

6 be required to comply with section 102 of the Na7 tional Environmental Policy Act (42 U.S.C. 4332). 

8 (3) DEADLINE.— 

9 (A) IN GENERAL.—The Permitting Au10 thority shall issue or deny a permit for the re11 mediation of a mine site not later than— 

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

13 date of receipt by the Permitting Authority 

14 of an application for the permit that, as 

15 determined by the Permitting Authority, is 

16 complete; or 

17 (ii) such later date as may be deter18 mined by the Permitting Authority with 

19 the agreement of the applicant. 

20 (B) CONSTRUCTIVE DENIAL.—If the Per21 mitting Authority fails to issue or deny the per22 mit in accordance with subparagraph (A), the 

23 application shall be considered to be denied by 

24 the Permitting Authority. 

25 (h) EFFECT OF A PERMIT.— 


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1 (1) IN GENERAL.—A permit issued under this 

2 section to carry out a project for the remediation of 

3 an inactive or abandoned mine site— 

4 (A) authorizes the permittee to carry out 

5 the activities described in the permit; 

6 (B) authorizes enforcement under this sec7 tion; 

8 (C) provides that the permittee (and any 

9 cooperating persons), in carrying out the activi10 ties undertaken pursuant to the permit, shall be 

11 deemed in compliance with environmental laws, 

12 and shall not be liable under such laws for the 

13 activities undertaken pursuant to the permit, 

14 subject to the exception of the emergency au15 thorities outlined in subsection (r)(1); and 

16 (D) precludes imposition of any costs or 

17 damages under environmental laws on the per18 mittee (and any cooperating persons) related in 

19 any way to the activities undertaken pursuant 

20 to the permit, except where the permittee’s (and 

21 any cooperating person’s) actions exacerbate 

22 the pollution from historic residue as a result of 

23 gross negligence or intentional misconduct. For 

24 the purpose of this subsection, reckless, willful, 


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1 or wanton conduct shall constitute gross neg2 ligence. 

3 (2) LIMITATION OF LIABILITY.—The liability 

4 protection afforded under this subsection— 

5 (A) shall apply only to activities under6 taken pursuant to a permit issued under this 

7 Act; and 

8 (B) shall be null and void ab initio and 

9 without effect if information supplied to the 

10 Permitting Authority is subsequently deter11 mined to contain a dishonest, fraudulent, or 

12 materially misleading statement or omission. 

13 (3) COMPLIANCE.—A permittee shall comply 

14 with the terms and conditions of a permit issued 

15 under this section. 

16 (i) PERMIT CONDITIONS.— 

17 (1) IN GENERAL.—A permit issued under this 

18 section shall contain— 

19 (A) a description of the engineering and 

20 other work that is authorized under the permit; 

21 (B) a provision that states that the per22 mittee is responsible for securing, for all activi23 ties authorized under the permit, all authoriza24 tions, licenses, and permits that are required 


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1 under applicable law (excluding environmental 

2 laws); 

3 (C) the duration of the permit and proce4 dures for reissuing and renewing the permit; 

5 (D) a schedule for the work to be carried 

6 out under the project, including an end date by 

7 which the applicant plans to complete the work; 

8 (E) a right of entry to the premises for the 

9 Permitting Authority to inspect and collect such 

10 information as reasonably necessary to carry 

11 out the purposes of this Act; 

12 (F) a requirement for permittee to estab13 lish and maintain records, conduct monitoring 

14 (if the Permitting Authority determines that 

15 any such monitoring is appropriate), and pro16 vide such other information as may be reason17 ably necessary to ensure the project will result 

18 in improvement to the environment including 

19 water quality; 

20 (G) a description of the engineering and 

21 other work to be performed by each cooperating 

22 person, if any; and 

23 (H) any other terms and conditions that 

24 are determined to be appropriate by the Permit25 ting Authority. 


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1 (2) INVESTIGATIVE SAMPLING.— 

2 (A) IN GENERAL.—A permit may identify 

3 an appropriate program of investigative sam4 pling to be completed prior to remediation, as 

5 determined by the Permitting Authority upon 

6 application. 

7 (B) OPTION TO DECLINE REMEDIATION.— 

8 In the event that investigative sampling is au9 thorized, the permit may allow the permittee to 

10 decline to undertake remediation based upon 

11 sampling results. 

12 (C) PERMIT MODIFICATION.—Based upon 

13 sampling results, a permittee may apply for a 

14 permit modification using the permit proce15 dures in this Act. 

16 (3) TIMING.—Work authorized under a permit 

17 shall— 

18 (A) commence not later than the date that 

19 is 1 year after the date of issuance of the per20 mit; and 

21 (B) continue until completed, with tem22 porary suspensions permitted during adverse 

23 weather or other circumstances approved by the 

24 Permitting Authority. 


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1 (4) SIGNATURE BY PERMITTEE.—The signature 

2 of the permittee on the permit shall be considered to 

3 be an acknowledgment by the permittee that the 

4 permittee accepts the terms and conditions of the 

5 permit. 

6 (5) TRANSFER OF PERMITS.—A permit may be 

7 transferred to another person only if— 

8 (A) the Permitting Authority determines 

9 that the transferee will satisfy all of the re10 quirements of the permit; 

11 (B) the transferee meets all of the require12 ments of this Act; 

13 (C) the transferee signs and accepts all of 

14 the requirements of the permit; 

15 (D) the Permitting Authority includes in 

16 the transferred permit any additional or modi17 fied conditions determined to be appropriate by 

18 the Permitting Authority to meet the goals of 

19 this section; and 

20 (E) the Federal, State, or tribal land man21 agement agency with jurisdiction over the inac22 tive or abandoned mine site to be subject to the 

23 permit or public trustee for natural resources 

24 affected by historic mine residue associated 


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1 with such mine site does not object to the 

2 transfer. 

3 (6) MODIFICATION OR TERMINATION OF PER4 MIT.— 

5 (A) IN GENERAL.—The authority to carry 

6 out work under a permit issued under this sec7 tion shall terminate if the work does not com8 mence by the date that is 1 year after the date 

9 of issuance of the permit or if the work is dis10 continued or is not completed by the end date 

11 specified in the permit or any other grounds 

12 identified by the Permitting Authority, unless 

13 the Permitting Authority has allowed an exten14 sion through modification, reissuance, or re15 newal of the permit. 

16 (B) MODIFICATION, REISSUANCE, OR TER17 MINATION OF PERMIT.—The Permitting Au18 thority may modify, reissue, or terminate a per19 mit for cause, including misrepresentation or a 

20 violation of a permit. Permit modification or 

21 reissuance shall be in accordance with the pro22 cedures specified in this Act for permit issuance 

23 unless otherwise specified in regulations pro24 mulgated by the Administrator. 


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1 (j) ROLE OF THE PERMITTING AUTHORITY.—In car2 rying out this section, the Permitting Authority shall— 

3 (1) consult with prospective applicants; 

4 (2) accept permit applications under this sec5 tion; 

6 (3) convene, coordinate, and lead the applica7 tion review process; 

8 (4) maintain all records relating to the permit 

9 and the permit process; 

10 (5) provide an opportunity for cooperating per11 sons and the public to participate in the permit 

12 process; 

13 (6) issue permits under this section, when ap14 propriate; 

15 (7) enforce and otherwise carry out this section; 

16 and 

17 (8) consult with the Federal land management 

18 agency and any public trustee for natural resources 

19 prior to issuance of the permit for sites on federally 

20 managed lands. 

21 (k) STATE, LOCAL AND TRIBAL COMMUNITIES.—If 

22 the Permitting Authority receives an application for the 

23 remediation of a mine site under this section, the Permit24 ting Authority shall, as soon as practicable, provide notice 

25 of the application to— 


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1 (1) any lead State or tribal agency designated 

2 under subsection (e)(2)(B) when the Administrator 

3 is the Permitting Authority; 

4 (2) each local government located within a ra5 dius of 20 miles of the project site; and 

6 (3) each Federal, State, and tribal agency that 

7 the Permitting Authority determines may have an 

8 interest in the application. 

9 Such notice shall include a copy of the application. 

10 (l) PUBLIC NOTICE OF RECEIPT OF APPLICA11 TIONS.— 

12 (1) Upon receipt of a complete application for 

13 the remediation of an inactive or abandoned mine 

14 site under this Act, the Permitting Authority shall, 

15 not later than 30 days after receipt of an applica16 tion, provide to the public a notice that includes the 

17 application and describes— 

18 (A) the location of the mine site; 

19 (B) the scope and nature of the proposed 

20 remediation; and 

21 (C) the name of the Good Samaritan ap22 plying for a permit to carry out the proposed 

23 remediation. 

24 (2) HEARING.— 


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1 (A) IN GENERAL.—Prior to permit 

2 issuance, the Permitting Authority shall hold a 

3 public hearing in the vicinity of the mine site to 

4 be remediated. The Permitting Authority shall 

5 provide the public with notice of the hearing, 

6 accompanied by a draft permit, at least 30 days 

7 in advance of the hearing. 

8 (B) COMMENTS.—The Permitting Author9 ity shall provide the applicant and the public 

10 with the opportunity to comment on the draft 

11 permit at the public hearing, and provide the 

12 public with the opportunity to submit written 

13 comments to the Permitting Authority for 30 

14 days following the hearing. 

15 (m) MONITORING.— 

16 (1) IN GENERAL.—The permittee shall take 

17 such actions as the Permitting Authority determines 

18 are necessary to ensure, where appropriate, baseline, 

19 remedial alternative, and post-remediation moni20 toring of the environment. 

21 (2) ADMINISTRATION.—When selecting the type 

22 and frequency of the monitoring requirements to be 

23 included in a permit, if any, the Permitting Author24 ity shall— 


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1 (A) balance the utility of monitored infor2 mation against the cost of the monitoring, 

3 based on the circumstances relating to the re4 mediation; and 

5 (B) take into account the scope of the 

6 project. 

7 (n) INFORMATION COLLECTION.—Whenever appro8 priate to determine compliance with this Act, the Permit9 ting Authority shall— 

10 (1) have right of entry to the premises to in11 spect and collect such information as reasonably nec12 essary to determine compliance; and 

13 (2) require the permittee to establish and main14 tain records, conduct monitoring, if the Permitting 

15 Authority determines that any monitoring is appro16 priate, and provide and produce such other informa17 tion as may be reasonably necessary to ensure the 

18 project will result in improvement to the environ19 ment. 

20 (o) COOPERATIVE ACTIVITIES.—The Permitting Au21 thority may approve in a permit the conduct of monitoring 

22 or other remediation activities by cooperating persons if, 

23 as determined by the Permitting Authority, the coopera24 tive arrangement will effectively accomplish the purposes 

25 of this Act. 


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1 (p) ENFORCEMENT.— 

2 (1) ADMINISTRATIVE ORDERS.—The Adminis3 trator is authorized to enforce any violation of this 

4 Act, including any condition or limitation of a per5 mit issued under this Act, with respect to any per6 son by issuing an order to comply with such condi7 tion or limitation. 

8 (2) CIVIL ACTIONS AND INJUNCTIONS.— 

9 (A) IN GENERAL.—The Administrator is 

10 authorized to commence a civil action for ap11 propriate relief, including a permanent or tem12 porary injunction, for any violation of this Act, 

13 including any condition or limitation of a per14 mit issued under this Act, for which he is au15 thorized to issue a compliance order under this 

16 section. Any action under this subsection may 

17 be brought in the district court of the United 

18 States for the district in which the defendant is 

19 located or resides or is doing business, and such 

20 court shall have jurisdiction to restrain such 

21 violation and to require compliance. Notice of 

22 the commencement of such action shall be given 

23 immediately to the appropriate State or Indian 

24 tribe. 


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1 (B) MINIMUM REQUIREMENT.—In the 

2 event of a permit violation, and absent extraor3 dinary circumstances, the court shall, at a min4 imum, require— 

5 (i) the permittee to repair the damage 

6 to any part of the environment that is 

7 caused by an action of the permittee in vio8 lation of the permit to the extent prac9 ticable; and 

10 (ii) the environment to be restored to 

11 the condition of the environment prior to 

12 the action of the permittee in violation of 

13 the permit to the extent practicable. 

14 (3) CIVIL PENALTY.—Any person who violates 

15 this Act shall be subject to a civil penalty of up to 

16 $5,000 for each day of the violation (except in cases 

17 of willful or wanton conduct, which shall be $32,500 

18 per day per violation). 

19 (q) JUDICIAL REVIEW.—Review of the Administra20 tor’s action in issuing or denying any permit under this 

21 Act may be had by any interested person in the Circuit 

22 Court of Appeals of the United States for the Federal ju23 dicial district in which such person resides or transacts 

24 business which is directly affected by such action upon ap25 plication by such person. Any such application shall be 


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1 made within 120 days from the date of such issuance or 

2 denial, or after such date only if such application is based 

3 solely on grounds which arose after such 120th day. 

4 (r) SAVINGS PROVISIONS.— 

5 (1) EMERGENCY AUTHORITY.—Nothing in this 

6 section affects the authority of a Federal, State, 

7 tribal, or local agency to carry out any emergency 

8 authority, including an emergency authority under 

9 the environmental laws. 

10 (2) LIABILITY.—Except to the extent that a 

11 permit provides protection under environmental 

12 laws, nothing in this section or a permit issued 

13 under this section limits the liability of any person 

14 (including a permittee) under any other provision of 

15 law. 

16 (3) STATE AND TRIBAL RECLAMATION PRO17 GRAMS.—No State, Indian tribe, or other Good Sa18 maritan shall be required to obtain a permit pursu19 ant to this Act to remediate an abandoned or inac20 tive mine site when conducting reclamation work 

21 under a State or tribal abandoned mine reclamation 

22 plan approved under title IV of the Surface Mining 

23 Control and Reclamation Act of 1977 (30 U.S.C. 

24 1231 et seq.). The liability protection provided under 

25 subparagraphs (C) and (D) of subsection (h)(1) 


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•HR 5404 IH

1 shall apply to any persons conducting remediation of 

2 an inactive and abandoned mine site pursuant to an 

3 approved State or tribal abandoned mine reclama4 tion plan approved under title IV of the Surface 

5 Mining Control and Reclamation Act of 1977 (30 

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

7 (s) GRANTS ELIGIBILITY.—Remediation projects 

8 conducted pursuant to this section are eligible for funding 

9 pursuant to section 319 of the Federal Water Pollution 

10 Control Act (33 U.S.C. 1329). 

11 (t) REGULATIONS.—The Administrator may promul12 gate such regulations as are necessary to carry out this 

13 Act. 

14 (u) TRANSFER OF PERMITTING AUTHORITY.—Not 

15 later than 120 days after the date on which a State or 

16 Indian tribe has submitted an application to administer 

17 a Good Samaritan permit program, the Administrator 

18 shall suspend the issuance of permits under this Act for 

19 remediation activities in that State or relevant area of In20 dian country unless the Administrator determines that the 

21 State’s or Indian tribe’s Good Samaritan permit program 

22 does not satisfy the requirements of this Act. The date 

23 upon which the Environmental Protection Agency will sus24 pend permitting activity under this subsection may be exVerDate Aug 31 2005 05:13 May 24, 2006 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5404.IH H5404

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1 tended by mutual agreement of the State or Indian tribe 

2 and the Administrator. 

3 (v) NOTIFICATION OF ADMINISTRATOR.— 

4 (1) IN GENERAL.—Each State or Indian tribe 

5 authorized to administer a Good Samaritan permit 

6 program shall transmit to the Administrator a copy 

7 of each permit application received by such State or 

8 tribe and provide notice to the Administrator of 

9 every action relating to the consideration of such 

10 permit application, including each permit proposed 

11 to be issued by such State or Indian tribe. 

12 (2) OBJECTION TO ISSUANCE.—No permit shall 

13 issue if the Administrator, within 90 days of the 

14 date of transmittal of the proposed permit notifica15 tion, objects in writing to the issuance of such per16 mit as being outside the requirements of this Act. 

17 Whenever the Administrator objects to the issuance 

18 of a permit under this paragraph, such written ob19 jection shall contain a statement of the reasons for 

20 such objection. 

21 (3) WAIVER.—The Administrator may, as to 

22 any permit application, waive paragraph (2) of this 

23 subsection. 

24 (4) ISSUANCE OR DENIAL OF PERMITS.—In any 

25 case where the Administrator, pursuant to paraVerDate Aug 31 2005 05:13 May 24, 2006 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H5404.IH H5404

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1 graph (2) of this subsection, objects to the issuance 

2 of a permit, on request of the State or Indian tribe, 

3 a public hearing shall be held by the Administrator 

4 on such objection. If the State or Indian tribe does 

5 not resubmit such permit revised to meet such objec6 tions within 30 days after completion of the hearing, 

7 or, if no hearing is requested within 90 days after 

8 the date of such objection, the Administrator may 

9 issue or deny the permit in accordance with the re10 quirements of this Act. 

11 (w) WITHDRAWAL OF APPROVAL OF STATE OR TRIB12 AL PROGRAM AND RETURN OF STATE OR TRIBAL PRO13 GRAM TO ADMINISTRATOR.— 

14 (1) IN GENERAL.—Any State or tribal Good 

15 Samaritan permit program approved under this Act 

16 shall at all times be administered in accordance with 

17 this Act. 

18 (2) NOTIFICATION AND WITHDRAWAL.—When19 ever the Administrator determines after public hear20 ing that a State or Indian tribe is not administering 

21 a program approved under this Act in accordance 

22 with this Act, the Administrator shall so notify the 

23 State or Indian tribe and, if appropriate corrective 

24 action is not taken within a reasonable time, not to 

25 exceed 90 days, the Administrator shall withdraw 


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•HR 5404 IH

1 approval of such program. The Administrator shall 

2 not withdraw approval of any such program unless 

3 the Administrator shall first have notified the State 

4 or Indian tribe, and made public, in writing, the rea5 sons for such withdrawal. 

6 (x) FEDERAL LAND MANAGEMENT AGENCIES.—A 

7 Federal land management agency that provides authoriza8 tion for, or participates in, a project authorized pursuant 

9 to this Act shall not be liable under environmental laws 

10 for the conduct or actions of a Good Samaritan (or any 

11 cooperating person). 

12 (y) SEVERABILITY.—If any provision of this Act, or 

13 the application of any provision of this Act to any person 

14 or circumstance, is held invalid, the application of such 

15 provision to other persons or circumstances, and the re16 mainder of this Act, shall not be affected thereby. 

Æ 


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