II 

117TH CONGRESS 

2D SESSION S. 3571 

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

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2022 

Mr. HEINRICH (for himself, Mr. RISCH, Mr. LUJA ́N, Mr. DAINES, Mr. 

TESTER, Mr. CRAPO, Mr. BENNET, and Mr. BARRASSO) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To promote remediation of abandoned hardrock mines, and 

for other purposes. 

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 Reme5 diation of Abandoned Hardrock Mines Act of 2022’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ABANDONED MINE SITE.— 

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

10 mine site’’ means an abandoned or inactive 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 3571 IS

1 hardrock mine site and any facility associated 

2 with an abandoned or inactive hardrock mine 

3 site— 

4 (i) that was used for the production of 

5 a mineral other than coal conducted on 

6 Federal land under sections 2319 through 

7 2352 of the Revised Statutes (commonly 

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

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

10 and 

11 (ii) for which, based on information 

12 supplied by the Good Samaritan after re13 view of publicly available data and after re14 view of other information in the possession 

15 of the Administrator, the Administrator or, 

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

17 United States, the Federal land manage18 ment agency, determines that no respon19 sible owner or operator has been identi20 fied— 

21 (I) who is potentially liable for, 

22 or has been required to perform or 

23 pay for, environmental remediation 

24 activities under applicable law; and 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 3571 IS

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

2 mine site located on land owned by 

3 the United States, a Federal land 

4 management agency that has not been 

5 involved in mining activity on that 

6 land, except that the approval of a 

7 plan of operations under the hardrock 

8 mining regulations of the applicable 

9 Federal land management agency 

10 shall not be considered involvement in 

11 the mining activity. 

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

13 mine site’’ includes a hardrock mine site (in14 cluding associated facilities) that was previously 

15 the subject of a completed response action 

16 under the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 

18 1980 (42 U.S.C. 9601 et seq.) or a similar 

19 Federal and State reclamation or cleanup pro20 gram, including the remediation of mine-scarred 

21 land under the brownfields revitalization pro22 gram under section 104(k) of the Comprehen23 sive Environmental Response, Compensation, 

24 and Liability Act of 1980 (42 U.S.C. 9604(k)). 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 3571 IS

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

2 mine site’’ does not include a mine site (includ3 ing associated facilities)— 

4 (i) in a temporary shutdown or ces5 sation; 

6 (ii) included on the National Priorities 

7 List developed by the President in accord8 ance with section 105(a)(8)(B) of the 

9 Comprehensive Environmental Response, 

10 Compensation, and Liability Act of 1980 

11 (42 U.S.C. 9605(a)(8)(B)) or proposed for 

12 inclusion on that list; 

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

14 ongoing response action under the Com15 prehensive Environmental Response, Com16 pensation, and Liability Act of 1980 (42 

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

18 and State reclamation or cleanup program; 

19 (iv) that has a responsible owner or 

20 operator; or 

21 (v) that actively mined or processed 

22 minerals after December 11, 1980. 

23 (2) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 3571 IS

1 (3) APPLICABLE WATER QUALITY STAND2 ARDS.—The term ‘‘applicable water quality stand3 ards’’ means the water quality standards promul4 gated by the Administrator or adopted by a State or 

5 Indian tribe and approved by the Administrator pur6 suant to the Federal Water Pollution Control Act 

7 (33 U.S.C. 1251 et seq.). 

8 (4) COOPERATING PERSON.— 

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

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

11 Good Samaritan in the permit application as a 

12 cooperating entity. 

13 (B) EXCLUSION.—The term ‘‘cooperating 

14 person’’ does not include a responsible owner or 

15 operator. 

16 (5) FEDERAL LAND MANAGEMENT AGENCY.— 

17 The term ‘‘Federal land management agency’’ 

18 means any Federal agency authorized by law or Ex19 ecutive order to exercise jurisdiction, custody, or 

20 control over land owned by the United States. 

21 (6) GOOD SAMARITAN.—The term ‘‘Good Sa22 maritan’’ means a person that, with respect to his23 toric mine residue, as determined by the Adminis24 trator— 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 3571 IS

1 (A) is not a past or current owner or oper2 ator of— 

3 (i) the abandoned mine site at which 

4 the historic mine residue is located; or 

5 (ii) a portion of that abandoned mine 

6 site; 

7 (B) had no role in the creation of the his8 toric mine residue; and 

9 (C) is not potentially liable under any Fed10 eral, State, Tribal, or local law for the remedi11 ation, treatment, or control of the historic mine 

12 residue. 

13 (7) GOOD SAMARITAN PERMIT.—The term 

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

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

16 (8) HISTORIC MINE RESIDUE.— 

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

18 mine residue’’ means mine residue or any con19 dition at an abandoned mine site resulting from 

20 hardrock mining activities conducted on— 

21 (i) Federal land under sections 2319 

22 through 2352 of the Revised Statutes 

23 (commonly known as the ‘‘Mining Law of 

24 1872’’; 30 U.S.C. 22 et seq.); or 

25 (ii) State, Tribal, or private land. 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 3571 IS

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

2 mine residue’’ includes— 

3 (i) previously mined ores and minerals 

4 other than coal that contribute to acid 

5 mine drainage or other pollution; 

6 (ii) equipment (including materials in 

7 equipment); 

8 (iii) any tailings, heap leach piles, 

9 dump leach piles, waste rock, overburden, 

10 slag piles, or other waste or material re11 sulting from any extraction, beneficiation, 

12 or other processing activity that occurred 

13 during the active operation of an aban14 doned mine site; 

15 (iv) any acidic or otherwise polluted 

16 flow in surface water or groundwater that 

17 originates from, or is pooled and contained 

18 in, an inactive or abandoned mine site, 

19 such as underground workings, open pits, 

20 in-situ leaching operations, ponds, or im21 poundments; 

22 (v) any hazardous substance (as de23 fined in section 101 of the Comprehensive 

24 Environmental Response, Compensation, 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 3571 IS

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

2 9601)); 

3 (vi) any pollutant or contaminant (as 

4 defined in section 101 of the Comprehen5 sive Environmental Response, Compensa6 tion, and Liability Act of 1980 (42 U.S.C. 

7 9601)); and 

8 (vii) any pollutant (as defined in sec9 tion 502 of the Federal Water Pollution 

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

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

12 has the meaning given the term in section 518(h) of 

13 the Federal Water Pollution Control Act (33 U.S.C. 

14 1377(h)). 

15 (10) INVESTIGATIVE SAMPLING PERMIT.—The 

16 term ‘‘investigative sampling permit’’ means a per17 mit granted by the Administrator under section 

18 4(d)(1). 

19 (11) PERSON.—The term ‘‘person’’ means any 

20 entity described in— 

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

22 Pollution Control Act (33 U.S.C. 1362(5)); and 

23 (B) section 101(21) of the Comprehensive 

24 Environmental Response, Compensation, and 

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


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 3571 IS

1 (12) REMEDIATION.— 

2 (A) IN GENERAL.—The term ‘‘remedi3 ation’’ means any action taken to investigate, 

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

5 discharge, release, or threat of release of a haz6 ardous substance, pollutant, or contaminant 

7 into the environment at or from an abandoned 

8 mine site, or to otherwise protect and improve 

9 human health and the environment. 

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

11 includes any action to remove, treat, or contain 

12 historic mine residue to prevent, minimize, or 

13 reduce— 

14 (i) the release or threat of release of 

15 a hazardous substance, pollutant, or con16 taminant that would harm human health 

17 or the environment; or 

18 (ii) a migration or discharge of a haz19 ardous substance, pollutant, or contami20 nant that would harm human health or the 

21 environment. 

22 (C) EXCLUSION FOR STATE, TRIBAL, OR

23 PRIVATE LAND.—In the case of a project to re24 mediate historic mine residue at any portion of 

25 an abandoned mine site on State, Tribal, or priVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 3571 IS

1 vate land, the term ‘‘remediation’’ does not in2 clude any action that requires plugging, open3 ing, or otherwise altering the portal or adit of 

4 the abandoned mine site. 

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

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

7 section 1151 of title 18, United States Code. 

8 (14) RESPONSIBLE OWNER OR OPERATOR.— 

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

10 person that is— 

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

12 of the Federal Water Pollution Control Act (33 

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

14 from an abandoned mine site; and 

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

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

18 or other person that is liable with respect to a 

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

21 with the historic mine residue at or from an 

22 abandoned mine site under section 104, 106, 

23 107, or 113 of the Comprehensive Environ24 mental Response, Compensation, and Liability 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 3571 IS

1 Act of 1980 (42 U.S.C. 9604, 9606, 9607, 

2 9613); and 

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

6 SEC. 3. SCOPE. 

7 Nothing in this Act— 

8 (1) reduces any existing liability; 

9 (2) releases any person from liability, except in 

10 compliance with this Act; 

11 (3) authorizes the conduct of any mining or 

12 processing other than the conduct of any processing 

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

14 materials that is authorized by a Good Samaritan 

15 permit; 

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

17 Federal land management agency pursuant to sec18 tion 107 of the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 1980 (42 

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

21 Pollution Control Act (33 U.S.C. 1311); or 

22 (5) relieves the United States or any Federal 

23 land management agency from any liability under 

24 section 107 of the Comprehensive Environmental 

25 Response, Compensation, and Liability Act of 1980 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 3571 IS

1 (42 U.S.C. 9607) or section 301 of the Federal 

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

3 exists apart from any action undertaken pursuant to 

4 this Act. 

5 SEC. 4. ABANDONED MINE SITE GOOD SAMARITAN PILOT 

6 PROJECT AUTHORIZATION. 

7 (a) ESTABLISHMENT.— 

8 (1) IN GENERAL.—The Administrator shall es9 tablish a pilot program under which the Adminis10 trator shall grant not more than 15 Good Samaritan 

11 permits to carry out projects to remediate historic 

12 mine residue at any portions of abandoned mine 

13 sites in accordance with this Act. 

14 (2) OVERSIGHT OF PERMITS.—The Adminis15 trator may oversee the remediation project under 

16 paragraph (1), and any action taken by the applica17 ble Good Samaritan or any cooperating person 

18 under the applicable Good Samaritan permit, for the 

19 duration of the Good Samaritan permit, as the Ad20 ministrator determines to be necessary to review the 

21 status of the project. 

22 (b) GOOD SAMARITAN PERMIT ELIGIBILITY.— 

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

24 Good Samaritan permit to carry out a project to reVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 3571 IS

1 mediate an abandoned mine site, a person shall dem2 onstrate that— 

3 (A) the abandoned mine site that is the 

4 subject of the application for a Good Samaritan 

5 permit is located in the United States; 

6 (B) the purpose of the proposed project is 

7 the remediation at that abandoned mine site of 

8 historic mine residue; 

9 (C) the proposed activities are designed to 

10 result in the partial or complete remediation of 

11 historic mine residue at the abandoned mine 

12 site; 

13 (D) the proposed project poses a low risk 

14 to the environment; 

15 (E) to the satisfaction of the Adminis16 trator, the person— 

17 (i) possesses, or has the ability to se18 cure, the financial and other resources nec19 essary— 

20 (I) to complete the permitted 

21 work, as determined by the Adminis22 trator; and 

23 (II) to address any contingencies 

24 identified in the Good Samaritan perVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 3571 IS

1 mit application described in subsection 

2 (c); 

3 (ii) possesses the proper and appro4 priate experience and capacity to complete 

5 the permitted work; and 

6 (iii) will complete the permitted work; 

7 and 

8 (F) the person is a Good Samaritan with 

9 respect to the historic mine residue proposed to 

10 be covered by the Good Samaritan permit. 

11 (2) IDENTIFICATION OF ALL RESPONSIBLE

12 OWNERS OR OPERATORS.— 

13 (A) IN GENERAL.—A Good Samaritan 

14 shall make reasonable and diligent efforts to 

15 identify, from a review of publicly available in16 formation in land records or on internet 

17 websites of Federal, State, and local regulatory 

18 authorities, all responsible owners or operators 

19 of an abandoned mine site proposed to be reme20 diated by the Good Samaritan under this sec21 tion. 

22 (B) EXISTING RESPONSIBLE OWNER OR

23 OPERATOR.—If the Administrator determines, 

24 based on information provided by a Good Sa25 maritan or otherwise, that a responsible owner 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 3571 IS

1 or operator exists for an abandoned mine site 

2 proposed to be remediated by the Good Samari3 tan, the Administrator shall deny the applica4 tion for a Good Samaritan permit. 

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

6 Samaritan permit, a person shall submit to the Adminis7 trator an application, signed by the person and any co8 operating person, that provides, to the extent known or 

9 reasonably discoverable by the person on the date on which 

10 the application is submitted— 

11 (1) a description of the abandoned mine site 

12 (including the boundaries of the abandoned mine 

13 site) proposed to be covered by the Good Samaritan 

14 permit; 

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

16 involved in the remediation project, including any co17 operating person and each member of an applicable 

18 corporation, association, partnership, consortium, 

19 joint venture, commercial entity, or nonprofit asso20 ciation; 

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

22 all legal rights or the authority necessary to enter 

23 the relevant abandoned mine site and perform the 

24 remediation described in the application; 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 3571 IS

1 (4) a detailed description of the historic mine 

2 residue to be remediated; 

3 (5) a detailed description of the expertise and 

4 experience of the person and the resources available 

5 to the person to successfully implement and com6 plete the remediation plan under paragraph (7); 

7 (6) to the satisfaction of the Administrator and 

8 subject to subsection (d), a description of the base9 line environmental conditions, including potentially 

10 affected surface water quality and hydrological con11 ditions, affected by the historic mine residue to be 

12 remediated that includes— 

13 (A) the nature and extent of any adverse 

14 impact on the water quality of any body of 

15 water caused by the drainage of historic mine 

16 residue or other discharges from the abandoned 

17 mine site; 

18 (B) the flow rate and concentration of any 

19 drainage of historic mine residue or other dis20 charge from the abandoned mine site in any 

21 body of water that has resulted in an adverse 

22 impact described in subparagraph (A); and 

23 (C) any other release or threat of release 

24 of historic mine residue that has resulted in an 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 3571 IS

1 adverse impact to public health or the environ2 ment; 

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

4 plan for the abandoned mine site that describes— 

5 (A) the nature and scope of the proposed 

6 remediation activities, including— 

7 (i) any historic mine residue to be ad8 dressed by the remediation plan; and 

9 (ii) a description of the goals of the 

10 remediation including, if applicable, with 

11 respect to— 

12 (I) the reduction or prevention of 

13 a release, threat of release, or dis14 charge to surface waters; or 

15 (II) other appropriate goals relat16 ing to water or soil; 

17 (B) each activity that the person proposes 

18 to take that is designed— 

19 (i) to improve or enhance water qual20 ity or site-specific soil quality relevant to 

21 the historic mine residue addressed by the 

22 remediation plan, including making meas23 urable progress toward achieving applicable 

24 water quality standards; or 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 3571 IS

1 (ii) to otherwise protect human health 

2 and the environment (including through 

3 the prevention of a release, discharge, or 

4 threat of release to water or soil); 

5 (C) the monitoring or other form of assess6 ment that will be undertaken by the person to 

7 evaluate the success of the activities described 

8 in subparagraph (A) during and after the reme9 diation, with respect to the baseline conditions, 

10 as described in paragraph (6); 

11 (D) to the satisfaction of the Adminis12 trator, detailed engineering plans for the 

13 project; 

14 (E) detailed plans for any proposed recy15 cling or reprocessing of historic mine residue to 

16 be conducted by the person (including a de17 scription of how all proposed recycling or re18 processing activities contribute to the remedi19 ation of the abandoned mine site); and 

20 (F) identification of any proposed con21 tractor that will perform any remediation activ22 ity; 

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

24 work to be carried out under the project, including 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 3571 IS

1 a schedule for periodic reporting by the person on 

2 the remediation of the abandoned mine site; 

3 (9) subject to subsection (d), in the case of a 

4 remediation activity that requires plugging, opening, 

5 or otherwise altering the portal or adit of an aban6 doned mine site, an evaluation of abandoned mine 

7 site conditions, including an assessment of any 

8 pooled water or hydraulic pressure in the abandoned 

9 mine site conducted by a licensed professional engi10 neer; 

11 (10) a health and safety plan that is specifically 

12 designed for mining remediation work; 

13 (11) a specific contingency plan that— 

14 (A) includes provisions on response and 

15 notification to Federal, State, and local authori16 ties with jurisdiction over downstream waters 

17 that have the potential to be impacted by an 

18 unplanned release or discharge of hazardous 

19 substances, pollutants, or contaminants; and 

20 (B) is designed to respond to unplanned 

21 adverse events (such as potential fluid release 

22 that may result from addressing pooled water 

23 or hydraulic pressure situations), including the 

24 sudden release of historic mine residue; 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 3571 IS

1 (12) subject to subsection (d), a project budget 

2 and description of financial resources that dem3 onstrate that the permitted work, including any op4 eration and maintenance, will be completed; 

5 (13) subject to subsection (d), information dem6 onstrating that the applicant has the financial re7 sources to carry out the remediation (including any 

8 long-term monitoring that may be required by the 

9 Good Samaritan permit) or the ability to secure an 

10 appropriate third-party financial assurance, as deter11 mined by the Administrator, to ensure completion of 

12 the permitted work, including any long-term oper13 ations and maintenance of remediation activities 

14 that may be— 

15 (A) proposed in the application for the 

16 Good Samaritan permit; or 

17 (B) required by the Administrator as a 

18 condition of granting the permit; 

19 (14) subject to subsection (d), a detailed plan 

20 for any required operation and maintenance of any 

21 remediation, including a timeline, if necessary; 

22 (15) subject to subsection (d), a description of 

23 any planned post-remediation monitoring, if nec24 essary; and 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•S 3571 IS

1 (16) subject to subsection (d), any other appro2 priate information, as determined by the Adminis3 trator or the applicant. 

4 (d) INVESTIGATIVE SAMPLING.— 

5 (1) INVESTIGATIVE SAMPLING PERMITS.—The 

6 Administrator may grant an investigative sampling 

7 permit for a period determined by the Administrator 

8 to authorize a person to conduct investigative sam9 pling of historic mine residue, soil, or water to deter10 mine— 

11 (A) baseline conditions; and 

12 (B) whether the person— 

13 (i) is willing to perform further reme14 diation to address the historic mine res15 idue; and 

16 (ii) will proceed with a permit conver17 sion under subsection (e)(1). 

18 (2) APPLICATION.—If a person proposes to con19 duct investigative sampling, the person shall submit 

20 to the Administrator an investigative sampling per21 mit application that contains, to the satisfaction of 

22 the Administrator— 

23 (A) each description required under para24 graphs (1), (2), (5), and (6) of subsection (c); 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•S 3571 IS

1 (B) the evidence required under subsection 

2 (c)(3); 

3 (C) each plan required under paragraphs 

4 (10) and (11) of subsection (c); and 

5 (D) a detailed plan of the investigative 

6 sampling. 

7 (3) PERMIT LIMITATIONS.— 

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

9 application that proposes only investigative 

10 sampling of historic mine residue, soil, or water 

11 that only includes the requirements described in 

12 paragraph (2), the Administrator may only 

13 grant an investigative sampling permit that au14 thorizes the person only to carry out the plan 

15 of investigative sampling of historic mine res16 idue, soil, or water, as described in the inves17 tigative sampling permit application under 

18 paragraph (2). 

19 (B) REPROCESSING.—An investigative 

20 sampling permit— 

21 (i) shall not authorize a Good Samari22 tan or cooperating person to conduct any 

23 reprocessing of material; and 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•S 3571 IS

1 (ii) may authorize metallurgical test2 ing to determine whether reprocessing 

3 under subsection (f)(5)(B) is feasible. 

4 (4) REQUIREMENTS RELATING TO SAMPLES.— 

5 In conducting investigative sampling of historic mine 

6 residue, soil, or water, a person shall— 

7 (A) collect samples that are representative 

8 of the conditions present at the abandoned mine 

9 site that is the subject of the investigative sam10 pling permit; and 

11 (B) retain publicly available records of all 

12 sampling events for a period of not less than 3 

13 years. 

14 (5) POST-SAMPLING REMEDIATION.— 

15 (A) REFUSAL TO CONVERT PERMIT.—Sub16 ject to subparagraph (B), a person who obtains 

17 an investigative sampling permit may decline to 

18 apply to convert the investigative sampling per19 mit into a Good Samaritan permit under para20 graph (6) and decline to undertake remediation 

21 on conclusion of investigative sampling. 

22 (B) RETURN TO PREEXISTING CONDI23 TIONS.—If the activities carried out by a person 

24 under an investigative sampling permit result in 

25 surface water quality conditions, or any other 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•S 3571 IS

1 environmental conditions, that are worse than 

2 the preexisting conditions of the applicable 

3 abandoned mine site due to historic mine res4 idue at the abandoned mine site, the person 

5 shall undertake actions to return the abandoned 

6 mine site to those preexisting conditions. 

7 (6) PERMIT CONVERSION.—Not later than 1 

8 year after the date on which the investigative sam9 pling under the investigative sampling permit con10 cludes, a person to whom an investigative sampling 

11 permit is granted under paragraph (1) may apply to 

12 convert an investigative sampling permit into a Good 

13 Samaritan permit under subsection (e)(1). 

14 (e) INVESTIGATIVE SAMPLING CONVERSION.— 

15 (1) IN GENERAL.—A person to which an inves16 tigative sampling permit was granted may submit to 

17 the Administrator an application in accordance with 

18 paragraph (2) to convert the investigative sampling 

19 permit into a Good Samaritan permit. 

20 (2) APPLICATION.— 

21 (A) INVESTIGATIVE SAMPLING.—An appli22 cation for the conversion of an investigative 

23 sampling permit under paragraph (1) shall in24 clude any requirement described in subsection 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•S 3571 IS

1 (c) that was not included in full in the applica2 tion submitted under subsection (d)(2). 

3 (B) PUBLIC NOTICE AND COMMENT.—An 

4 application for permit conversion under this 

5 paragraph shall be subject to— 

6 (i) environmental review and public 

7 comment procedures required by sub8 section (l); and 

9 (ii) a public hearing, if requested. 

10 (f) CONTENT OF PERMITS.— 

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

12 shall contain— 

13 (A) the information described in subsection 

14 (c), including any modification required by the 

15 Administrator; 

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

17 Good Samaritan is responsible for securing, for 

18 all activities authorized under the Good Samari19 tan permit, all authorizations, licenses, and per20 mits that are required under applicable law ex21 cept for— 

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

23 or 404 of the Federal Water Pollution 

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

25 1317, 1342, 1344); and 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•S 3571 IS

1 (II) authorizations, licenses, and per2 mits that would not need to be obtained if 

3 the remediation was conducted pursuant to 

4 section 121 of the Comprehensive Environ5 mental Response, Compensation, and Li6 ability Act of 1980 (42 U.S.C. 9621); or 

7 (ii) in the case of an abandoned mine site 

8 in a State that is authorized to implement State 

9 law pursuant to section 402 or 404 of the Fed10 eral Water Pollution Control Act (33 U.S.C. 

11 1342, 1344) or on land of an Indian tribe that 

12 is authorized to implement Tribal law pursuant 

13 to that section, a provision that states that the 

14 Good Samaritan is responsible for securing, for 

15 all activities authorized under the Good Samari16 tan permit, all authorizations, licenses, and per17 mits that are required under applicable law, ex18 cept for— 

19 (I) the State or Tribal law, as applica20 ble; and 

21 (II) authorizations, licenses, and per22 mits that would not need to be obtained if 

23 the remediation was conducted pursuant to 

24 section 121 of the Comprehensive EnvironVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
27 

•S 3571 IS

1 mental Response, Compensation, and Li2 ability Act of 1980 (42 U.S.C. 9621); 

3 (C) specific public notification require4 ments, including the contact information for all 

5 appropriate response centers in accordance with 

6 subsection (o); 

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

8 by the United States, a notice that the Good 

9 Samaritan permit serves as an agreement for 

10 use and occupancy of Federal land that is en11 forceable by the applicable Federal land man12 agement agency; and 

13 (E) any other terms and conditions deter14 mined to be appropriate by the Administrator 

15 or the Federal land management agency, as ap16 plicable. 

17 (2) FORCE MAJEURE.—A Good Samaritan per18 mit may include, at the request of the Good Samari19 tan, a provision that a Good Samaritan may assert 

20 a claim of force majeure for any violation of the 

21 Good Samaritan permit caused solely by— 

22 (A) an act of God; 

23 (B) an act of war; 

24 (C) negligence on the part of the United 

25 States; 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•S 3571 IS

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

2 the Good Samaritan— 

3 (i) exercises due care with respect to 

4 the actions of the Good Samaritan under 

5 the Good Samaritan permit, as determined 

6 by the Administrator; 

7 (ii) took precautions against foresee8 able acts or omissions of the third party, 

9 as determined by the Administrator; and 

10 (iii) uses reasonable efforts— 

11 (I) to anticipate any potential 

12 force majeure; and 

13 (II) to address the effects of any 

14 potential force majeure; or 

15 (E) a public health emergency declared by 

16 the Federal Government or a global govern17 ment, such as a pandemic or an epidemic. 

18 (3) MONITORING.— 

19 (A) IN GENERAL.—The Good Samaritan 

20 shall take such actions as the Good Samaritan 

21 permit requires to ensure appropriate baseline 

22 monitoring, monitoring during the remediation 

23 project, and post-remediation monitoring of the 

24 environment under paragraphs (6), (7), and 

25 (15), respectively, of subsection (c). 


pamtmann on DSKBC07HB2PROD with BILLS
29 

•S 3571 IS

1 (B) MULTIPARTY MONITORING.—The Ad2 ministrator may approve in a Good Samaritan 

3 permit the monitoring by multiple cooperating 

4 persons if, as determined by the Adminis5 trator— 

6 (i) the multiparty monitoring will ef7 fectively accomplish the goals of this sec8 tion; and 

9 (ii) the Good Samaritan remains re10 sponsible for compliance with the terms of 

11 the Good Samaritan permit. 

12 (4) SIGNATURE BY GOOD SAMARITAN.—The 

13 signature of the relevant Good Samaritan and a co14 operating person, if any, on the Good Samaritan 

15 permit shall be considered to be an acknowledgment 

16 by the Good Samaritan that the Good Samaritan ac17 cepts the terms and conditions of the Good Samari18 tan permit. 

19 (5) OTHER DEVELOPMENT.— 

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

22 beneficiation, or mining shall be— 

23 (i) authorized by this Act; or 

24 (ii) covered by any waiver of liability 

25 provided by this Act from applicable law. 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•S 3571 IS

1 (B) REPROCESSING OF MATERIALS.—A 

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

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

7 States; 

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

12 plan; 

13 (iii) the proceeds from the sale or use 

14 of the materials are used— 

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

17 (II) to the extent required by the 

18 Good Samaritan permit, to reimburse 

19 the Administrator or the head of a 

20 Federal land management agency for 

21 any costs incurred for oversight of the 

22 Good Samaritan; and 

23 (iv) any remaining proceeds are de24 posited into the Good Samaritan Mine ReVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
31 

•S 3571 IS

1 mediation Fund established by section 

2 5(a). 

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

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

8 Act with any aspect of a project subject to a 

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

11 the other discharge of water or historic mine 

12 residue or activity, project, or operation. 

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

14 may allow the Good Samaritan to return to the abandoned 

15 mine site after the completion of the remediation to per16 form operations and maintenance or other work— 

17 (1) to ensure the functionality of the abandoned 

18 mine site; or 

19 (2) to protect public health and the environ20 ment. 

21 (h) TIMING.—Work authorized under a Good Samar22 itan permit— 

23 (1) shall commence, as applicable— 

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

25 months after the date on which the AdminisVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
32 

•S 3571 IS

1 trator granted the Good Samaritan permit, un2 less the Administrator grants an extension 

3 under subsection (r)(3)(B)(i); or 

4 (B) if the grant of the Good Samaritan 

5 permit is the subject of a petition for judicial 

6 review, not later than the date that is 18 

7 months after the date on which the judicial re8 view, including any appeals, has concluded; and 

9 (2) shall continue until completed, with tem10 porary suspensions permitted during adverse weath11 er or other conditions specified in the Good Samari12 tan permit. 

13 (i) TRANSFER OF PERMITS.—A Good Samaritan per14 mit may be transferred to another person only if— 

15 (1) the Administrator determines that the 

16 transferee qualifies as a Good Samaritan; 

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

18 by the terms of, the permit; 

19 (3) the Administrator includes in the trans20 ferred permit any additional conditions necessary to 

21 meet the goals of this section; and 

22 (4) in the case of a project under the Good Sa23 maritan permit on land owned by the United States, 

24 the head of the applicable Federal land management 

25 agency approves the transfer. 


pamtmann on DSKBC07HB2PROD with BILLS
33 

•S 3571 IS

1 (j) ROLE OF ADMINISTRATOR AND FEDERAL LAND

2 MANAGEMENT AGENCIES.—In carrying out this section— 

3 (1) the Administrator shall— 

4 (A) consult with prospective applicants; 

5 (B) convene, coordinate, and lead the ap6 plication review process; 

7 (C) maintain all records relating to the 

8 Good Samaritan permit and the permit process; 

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

10 State, Tribal, or private land, provide an oppor11 tunity for cooperating persons and the public to 

12 participate in the Good Samaritan permit proc13 ess, including— 

14 (i) carrying out environmental review 

15 and public comment procedures pursuant 

16 to subsection (l); and 

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

18 (E) enforce and otherwise carry out this 

19 section; and 

20 (2) the head of an applicable Federal land man21 agement agency shall— 

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

23 land owned by the United States, provide an 

24 opportunity for cooperating persons and the 


pamtmann on DSKBC07HB2PROD with BILLS
34 

•S 3571 IS

1 public to participate in the Good Samaritan 

2 permit process, including— 

3 (i) carrying out environmental review 

4 and public comment procedures pursuant 

5 to subsection (l); and 

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

7 (B) in coordination with the Adminis8 trator, enforce Good Samaritan permits issued 

9 under this section for projects on land owned by 

10 the United States. 

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

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

13 the date on which the Administrator receives an applica14 tion for the remediation of an abandoned mine site under 

15 this section, the Administrator shall provide notice and a 

16 copy of the application to— 

17 (1) each local government with jurisdiction over 

18 a drinking water utility, and each Indian tribe with 

19 reservation or off-reservation treaty rights to land or 

20 water, located downstream from a proposed remedi21 ation project that is reasonably anticipated to be ad22 versely impacted by a potential release of contami23 nants from the abandoned mine site, as determined 

24 by the Administrator; 


pamtmann on DSKBC07HB2PROD with BILLS
35 

•S 3571 IS

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

2 may have an interest in the application; and 

3 (3) in the case of an abandoned mine site that 

4 is located partially or entirely on land owned by the 

5 United States, the Federal land management agency 

6 with jurisdiction over that land. 

7 (l) ENVIRONMENTAL REVIEW AND PUBLIC COM8 MENT.— 

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

10 Good Samaritan permit to carry out a project for 

11 the remediation of an abandoned mine site, the Ad12 ministrator shall ensure that environmental review 

13 and public comment procedures are carried out with 

14 respect to the proposed project. 

15 (2) RELATION TO NEPA.— 

16 (A) MAJOR FEDERAL ACTION.—Subject to 

17 subparagraph (F), the issuance or modification 

18 of a Good Samaritan permit by the Adminis19 trator shall be considered a major Federal ac20 tion for purposes of section 102 of the National 

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

22 4332). 

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

24 purposes of an environmental assessment and 


pamtmann on DSKBC07HB2PROD with BILLS
36 

•S 3571 IS

1 public comment under this subsection shall 

2 be— 

3 (i) in the case of a proposed project 

4 on land owned by the United States, the 

5 applicable Federal land management agen6 cy; and 

7 (ii) in the case of a proposed project 

8 on State, Tribal, or private land, the Ad9 ministrator. 

10 (C) COORDINATION.—To the maximum ex11 tent practicable, the lead agency described in 

12 subparagraph (B) shall coordinate procedures 

13 under the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.) with State, Trib15 al, and Federal cooperating agencies, as appli16 cable. 

17 (D) COOPERATING AGENCY.—In the case 

18 of a proposed project on land owned by the 

19 United States, the Administrator shall be a co20 operating agency for purposes of an environ21 mental assessment and public comment under 

22 this subsection. 

23 (E) SINGLE NEPA DOCUMENT.—The lead 

24 agency described in subparagraph (B) may con25 duct a single environmental assessment for— 


pamtmann on DSKBC07HB2PROD with BILLS
37 

•S 3571 IS

1 (i) the issuance of a Good Samaritan 

2 permit; 

3 (ii) any activities authorized by a 

4 Good Samaritan permit; and 

5 (iii) any applicable permits required 

6 by the Secretary of the Interior or the Sec7 retary of Agriculture. 

8 (F) SIGNIFICANT IMPACTS.—A Good Sa9 maritan permit may only be issued if the head 

10 of the lead agency makes a finding of no sig11 nificant impact supported by the environmental 

12 assessment conducted pursuant to this sub13 section. 

14 (G) DECISION DOCUMENT.—An approval 

15 or denial of a Good Samaritan permit may be 

16 issued as a single decision document that is 

17 signed by— 

18 (i) the Administrator; and 

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

20 owned by the United States, the head of 

21 the applicable Federal land management 

22 agency. 

23 (H) LIMITATION.—Nothing in this para24 graph exempts the Secretary of Agriculture or 

25 the Secretary of the Interior, as applicable, 


pamtmann on DSKBC07HB2PROD with BILLS
38 

•S 3571 IS

1 from any other requirements of section 102 of 

2 the National Environmental Policy Act of 1969 

3 (42 U.S.C. 4332). 

4 (m) PERMIT GRANT.— 

5 (1) IN GENERAL.—The Administrator may 

6 grant a Good Samaritan permit to carry out a 

7 project for the remediation of an abandoned mine 

8 site only if— 

9 (A) the Administrator determines that— 

10 (i) the person seeking the permit is a 

11 Good Samaritan; 

12 (ii) the application described in sub13 section (c) is complete; 

14 (iii) the project is designed to reme15 diate historic mine residue at the aban16 doned mine site to protect public health 

17 and the environment; 

18 (iv) the proposed project is designed 

19 to meet all other goals, as determined by 

20 the Administrator, including any goals set 

21 forth in the application for the Good Sa22 maritan permit that are accepted by the 

23 Administrator; 


pamtmann on DSKBC07HB2PROD with BILLS
39 

•S 3571 IS

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

3 in subsection (c)(6)— 

4 (I) will make measurable 

5 progress toward achieving applicable 

6 water quality standards; or 

7 (II) are designed to result in— 

8 (aa) improved soil quality or 

9 other environmental or safety 

10 conditions; or 

11 (bb) reductions in further 

12 threats to soil quality or other 

13 environmental or safety condi14 tions; 

15 (vi) the applicant has— 

16 (I) demonstrated that the appli17 cant has the proper and appropriate 

18 experience and capacity to complete 

19 the permitted work; 

20 (II) demonstrated that the appli21 cant will complete the permitted work; 

22 (III) the financial and other re23 sources to address any contingencies 

24 identified in the Good Samaritan perVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
40 

•S 3571 IS

1 mit application described in sub2 sections (b) and (c); 

3 (IV) granted access and provided 

4 the authority to review the records of 

5 the applicant relevant to compliance 

6 with the requirements of the Good Sa7 maritan permit; and 

8 (V) demonstrated, to the satisfac9 tion of the Administrator, that— 

10 (aa) the applicant has, or 

11 has access to, the financial re12 sources to complete the project 

13 described in the Good Samaritan 

14 permit application, including any 

15 long-term monitoring and oper16 ations and maintenance that the 

17 Administrator may require the 

18 applicant to perform in the Good 

19 Samaritan permit; or 

20 (bb) the applicant has estab21 lished a third-party financial as22 surance mechanism, such as a 

23 corporate guarantee from a par24 ent or other corporate affiliate, 

25 letter of credit, trust, surety 


pamtmann on DSKBC07HB2PROD with BILLS
41 

•S 3571 IS

1 bond, or insurance to assure that 

2 funds are available to complete 

3 the permitted work, including for 

4 operations and maintenance and 

5 to address potential contin6 gencies, that establishes the Ad7 ministrator or the head of the 

8 Federal land management agency 

9 as the beneficiary of the third10 party financial assurance mecha11 nism and that allows the Admin12 istrator to retain and use the 

13 funds from the financial assur14 ance mechanism in the event the 

15 Good Samaritan does not com16 plete the remediation under the 

17 Good Samaritan permit; and 

18 (vii) the project meets the require19 ments of this Act; 

20 (B) the State or Indian tribe with jurisdic21 tion over land on which the abandoned mine 

22 site is located has been given an opportunity to 

23 review and, if necessary, comment on the grant 

24 of the Good Samaritan permit; 


pamtmann on DSKBC07HB2PROD with BILLS
42 

•S 3571 IS

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

2 carried out under the Good Samaritan permit 

3 partially or entirely on land owned by the 

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

5 head of the applicable Federal land manage6 ment agency has signed a decision document 

7 approving the proposed project; and 

8 (D) the Administrator or head of the Fed9 eral land management agency, as applicable, 

10 has provided— 

11 (i) environmental review and public 

12 comment procedures required by sub13 section (l); and 

14 (ii) a public hearing under that sub15 section, if requested. 

16 (2) DEADLINE.— 

17 (A) IN GENERAL.—The Administrator 

18 shall grant or deny a Good Samaritan permit 

19 by not later than— 

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

21 date of receipt by the Administrator of an 

22 application for the Good Samaritan permit 

23 that, as determined by the Administrator, 

24 is complete and meets all applicable re25 quirements of subsection (c); or 


pamtmann on DSKBC07HB2PROD with BILLS
43 

•S 3571 IS

1 (ii) such later date as may be deter2 mined by the Administrator with notifica3 tion provided to the applicant. 

4 (B) CONSTRUCTIVE DENIAL.—If the Ad5 ministrator fails to grant or deny a Good Sa6 maritan permit by the applicable deadline de7 scribed in subparagraph (A), the application 

8 shall be considered to be denied. 

9 (3) DISCRETIONARY ACTION.—The issuance of 

10 a permit by the Administrator and the approval of 

11 a project by the head of an applicable Federal land 

12 management agency shall be considered to be discre13 tionary actions taken in the public interest. 

14 (n) EFFECT OF PERMITS.— 

15 (1) IN GENERAL.—A Good Samaritan, recipient 

16 of an investigative sampling permit, and any cooper17 ating person undertaking remediation activities iden18 tified in, carried out pursuant to, and in compliance 

19 with, a Good Samaritan permit— 

20 (A) shall be considered to be in compliance 

21 with all requirements (including permitting re22 quirements) under the Federal Water Pollution 

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

24 any law or regulation implemented by a State 

25 or Indian tribe under section 402 or 404 of the 


pamtmann on DSKBC07HB2PROD with BILLS
44 

•S 3571 IS

1 Federal Water Pollution Control Act (33 U.S.C. 

2 1342, 1344)) and the Comprehensive Environ3 mental Response, Compensation, and Liability 

4 Act of 1980 (42 U.S.C. 9601 et seq.) during 

5 the term of the Good Samaritan permit and 

6 after the termination of the Good Samaritan 

7 permit; 

8 (B) shall not be required to obtain a per9 mit under, or to comply with, section 301, 302, 

10 306, 307, 402, or 404 of the Federal Water 

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

12 1316, 1317, 1342, 1344), or any State or Trib13 al standards or regulations approved by the Ad14 ministrator under those sections of that Act, 

15 during the term of the Good Samaritan permit 

16 and after the termination of the Good Samari17 tan permit; and 

18 (C) shall not be required to obtain any au19 thorizations, licenses, or permits that would 

20 otherwise not need to be obtained if the remedi21 ation was conducted pursuant to section 121 of 

22 the Comprehensive Environmental Response, 

23 Compensation, and Liability Act of 1980 (42 

24 U.S.C. 9621). 


pamtmann on DSKBC07HB2PROD with BILLS
45 

•S 3571 IS

1 (2) ACTIVITIES NOT RELATING TO REMEDI2 ATION.— 

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

4 a Good Samaritan or any cooperating person) 

5 that carries out any activity relating to mineral 

6 exploration, processing, beneficiation, or min7 ing, including development, that is not author8 ized by the applicable Good Samaritan permit 

9 shall be subject to all applicable law. 

10 (B) LIABILITY.—Any activity not author11 ized by a Good Samaritan permit, as deter12 mined by the Administrator, may be subject to 

13 liability and enforcement under all applicable 

14 law, including— 

15 (i) the Federal Water Pollution Con16 trol Act (33 U.S.C. 1251 et seq.); and 

17 (ii) the Comprehensive Environmental 

18 Response, Compensation, and Liability Act 

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

20 (3) NO ENFORCEMENT LIABILITY FOR GOOD

21 SAMARITANS.— 

22 (A) DISCHARGES.—Subject to subpara23 graphs (B) and (C), a Good Samaritan, recipi24 ent of an investigative sampling permit, or co25 operating person that is conducting a remediVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
46 

•S 3571 IS

1 ation activity identified in, pursuant to, and in 

2 compliance with, a Good Samaritan permit shall 

3 not be subject to enforcement, civil or criminal 

4 penalties, citizen suits, or any other liability (in5 cluding any liability for response costs, natural 

6 resource damage, or contribution) under the 

7 Federal Water Pollution Control Act (33 U.S.C. 

8 1251 et seq.) (including under any law or regu9 lation administered by a State or Indian tribe 

10 under that Act) or the Comprehensive Environ11 mental Response, Compensation, and Liability 

12 Act of 1980 (42 U.S.C. 9601 et seq.) for any 

13 actions undertaken or for any past, present, or 

14 future releases, threats of releases, or dis15 charges of hazardous substances, pollutants, or 

16 contaminants at or from the abandoned mine 

17 site that is the subject of the Good Samaritan 

18 permit (including any releases, threats of re19 leases, or discharges that occurred prior to the 

20 grant of the Good Samaritan permit) during 

21 the term of the Good Samaritan permit and 

22 after termination of the Good Samaritan per23 mit. 


pamtmann on DSKBC07HB2PROD with BILLS
47 

•S 3571 IS

1 (B) OTHER PARTIES.—Nothing in sub2 paragraph (A) limits the liability of any person 

3 that is not described in that subparagraph. 

4 (C) VIOLATION OF A PERMIT PRIOR TO

5 TERMINATION.—Notwithstanding subparagraph 

6 (A), if a Good Samaritan or cooperating person 

7 violates the terms of a Good Samaritan permit 

8 and that violation results in surface water qual9 ity or other environmental conditions that are 

10 measurably worse than baseline conditions at 

11 the abandoned mine site, the Administrator 

12 shall— 

13 (i) notify the Good Samaritan and the 

14 cooperating person of the violation; and 

15 (ii) require the Good Samaritan or the 

16 cooperating person, as applicable, to un17 dertake reasonable measures, as deter18 mined by the Administrator, to return sur19 face water quality or other environmental 

20 conditions to the condition that existed 

21 prior to the violation. 

22 (4) MINOR OR CORRECTED PERMIT VIOLA23 TIONS.—For purposes of this subsection, failure to 

24 comply with any term, condition, or limitation of a 

25 Good Samaritan permit or investigative sampling 


pamtmann on DSKBC07HB2PROD with BILLS
48 

•S 3571 IS

1 permit shall not be considered a permit violation or 

2 noncompliance if— 

3 (A) that failure to comply is corrected by 

4 the permittee within a reasonable period of 

5 time, as established by the Administrator; and 

6 (B)(i) that failure or noncompliance does 

7 not result in a measurable adverse impact on 

8 water quality or other environmental conditions; 

9 or 

10 (ii) the water quality and other affected 

11 environmental conditions as a result of that 

12 failure or noncompliance have been returned to 

13 the condition that existed prior to the violation, 

14 as described in paragraph (3)(C)(ii). 

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

16 Good Samaritan shall notify all appropriate Federal, 

17 State, Tribal, and local entities of any unplanned or pre18 viously unknown release of historic mine residue caused 

19 by the actions of the Good Samaritan or any cooperating 

20 person in accordance with— 

21 (1) section 103 of the Comprehensive Environ22 mental Response, Compensation, and Liability Act 

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


pamtmann on DSKBC07HB2PROD with BILLS
49 

•S 3571 IS

1 (2) section 304 of the Emergency Planning and 

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

3 11004); 

4 (3) the Federal Water Pollution Control Act 

5 (33 U.S.C. 1251 et seq.); 

6 (4) any other applicable provision of Federal 

7 law; and 

8 (5) any other applicable provision of State, 

9 Tribal, or local law. 

10 (p) GRANT ELIGIBILITY.—A remediation project con11 ducted under a Good Samaritan permit shall be eligible 

12 for funding pursuant to— 

13 (1) section 319 of the Federal Water Pollution 

14 Control Act (33 U.S.C. 1329); and 

15 (2) section 104(k) of the Comprehensive Envi16 ronmental Response, Compensation, and Liability 

17 Act of 1980 (42 U.S.C. 9604(k)). 

18 (q) EMERGENCY AUTHORITY AND LIABILITY.— 

19 (1) EMERGENCY AUTHORITY.—Nothing in this 

20 section affects the authority of— 

21 (A) the Administrator to take any respon22 sive action authorized by law; or 

23 (B) a Federal, State, Tribal, or local agen24 cy to carry out any emergency authority, inVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
50 

•S 3571 IS

1 cluding an emergency authority provided under 

2 Federal, State, Tribal, or local law. 

3 (2) LIABILITY.—Except as specifically provided 

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

5 permit, or an investigative sampling permit limits 

6 the liability of any person (including a Good Samari7 tan or any cooperating person) under any provision 

8 of law. 

9 (r) TERMINATION OF AUTHORITY.— 

10 (1) TERMINATION.— 

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

12 subparagraph (B), the authority to grant Good 

13 Samaritan permits pursuant to this Act shall 

14 terminate on the date that is 7 years after the 

15 date of enactment of this Act. 

16 (B) EXCEPTION.—Notwithstanding sub17 paragraph (A), the Administrator may grant a 

18 Good Samaritan permit pursuant to this Act 

19 after the date identified in subparagraph (A) if 

20 the application for the Good Samaritan per21 mit— 

22 (i) was submitted not later than 180 

23 days before that date; and 


pamtmann on DSKBC07HB2PROD with BILLS
51 

•S 3571 IS

1 (ii) was completed in accordance with 

2 subsection (e)(1) by not later than 7 years 

3 after the date of enactment of this Act. 

4 (2) EFFECT ON CERTAIN PERMITS.—Any Good 

5 Samaritan permit granted by the deadline prescribed 

6 in subparagraph (A) or (B) of paragraph (1), as ap7 plicable, that is in effect on the date that is 7 years 

8 after the date of enactment of this Act shall remain 

9 in effect after that date in accordance with— 

10 (A) the terms and conditions of the Good 

11 Samaritan permit; and 

12 (B) this Act. 

13 (3) TERMINATION OF PERMIT.— 

14 (A) IN GENERAL.—A Good Samaritan per15 mit shall terminate, as applicable— 

16 (i) on inspection and notice from the 

17 Administrator to the recipient of the Good 

18 Samaritan permit that the permitted work 

19 has been completed in accordance with the 

20 terms of the Good Samaritan permit, as 

21 determined by the Administrator; 

22 (ii) if the Administrator terminates a 

23 permit under paragraph (4)(B)(i); or 

24 (iii) except as provided in subpara25 graph (B)— 


pamtmann on DSKBC07HB2PROD with BILLS
52 

•S 3571 IS

1 (I) on the date that is 18 months 

2 after the date on which the Adminis3 trator granted the Good Samaritan 

4 permit, if the permitted work has not 

5 commenced by that date; or 

6 (II) if the grant of the Good Sa7 maritan permit was the subject of a 

8 petition for judicial review, on the 

9 date that is 18 months after the date 

10 on which the judicial review, including 

11 any appeals, has concluded, if the per12 mitted work has not commenced by 

13 that date. 

14 (B) EXTENSION.— 

15 (i) IN GENERAL.—If the Adminis16 trator is otherwise required to terminate a 

17 Good Samaritan permit under subpara18 graph (A)(iii), the Administrator may 

19 grant an extension of the Good Samaritan 

20 permit. 

21 (ii) LIMITATION.—Any extension 

22 granted under clause (i) shall be not more 

23 than 180 days for each extension. 

24 (4) UNFORESEEN CIRCUMSTANCES.— 


pamtmann on DSKBC07HB2PROD with BILLS
53 

•S 3571 IS

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

2 Samaritan permit or investigative sampling per3 mit may seek to modify or terminate the Good 

4 Samaritan permit or investigative sampling per5 mit to take into account any event or condition 

6 that— 

7 (i) significantly reduces the feasibility 

8 or significantly increases the cost of com9 pleting the remediation project that is the 

10 subject of the Good Samaritan permit or 

11 investigative sampling permit; 

12 (ii) was not— 

13 (I) reasonably contemplated by 

14 the recipient of the permit; or 

15 (II) taken into account in the re16 mediation plan of the recipient of the 

17 permit; and 

18 (iii) is beyond the control of the re19 cipient of the permit, as determined by the 

20 Administrator. 

21 (B) TERMINATION.— 

22 (i) IN GENERAL.—The Administrator 

23 shall terminate a Good Samaritan permit 

24 or investigative sampling permit if— 


pamtmann on DSKBC07HB2PROD with BILLS
54 

•S 3571 IS

1 (I) the recipient of the permit 

2 seeks termination of the permit under 

3 subparagraph (A); 

4 (II) the factors described in sub5 paragraph (A) are satisfied; and 

6 (III) the Administrator deter7 mines that remediation activities con8 ducted by the Good Samaritan or per9 son pursuant to the Good Samaritan 

10 permit or investigative sampling per11 mit, respectively, may result in sur12 face water quality conditions, or any 

13 other environmental conditions, that 

14 will be worse than the baseline condi15 tions, as described in subsection 

16 (c)(6), as applicable. 

17 (ii) EFFECT OF TERMINATION.—Not18 withstanding the termination of a Good 

19 Samaritan permit or an investigative sam20 pling permit under clause (i), the provi21 sions of paragraphs (1) through (4) of sub22 section (n) shall continue to apply to the 

23 Good Samaritan, the recipient of an inves24 tigative sampling permit, and any cooper25 ating persons after the termination, includVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
55 

•S 3571 IS

1 ing to any long-term operations and main2 tenance pursuant to the agreement under 

3 paragraph (5). 

4 (5) LONG-TERM OPERATIONS AND MAINTE5 NANCE.—In the case of a project that involves long6 term operations and maintenance at an abandoned 

7 mine site located on land owned by the United 

8 States, the project may be considered complete and 

9 the Administrator may terminate the Good Samari10 tan permit under this subsection if the applicable 

11 Good Samaritan has entered into an agreement with 

12 the applicable Federal land management agency or 

13 a cooperating person for the long-term operations 

14 and maintenance that includes sufficient funding for 

15 the long-term operations and maintenance. 

16 (s) REGULATIONS.— 

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

18 not later than 18 months after the date of enact19 ment of this Act, the Administrator, in consultation 

20 with the Secretary of the Interior and the Secretary 

21 of Agriculture, and appropriate State, Tribal, and 

22 local officials, shall promulgate regulations to estab23 lish— 

24 (A) requirements for remediation plans de25 scribed in subsection (c); and 


pamtmann on DSKBC07HB2PROD with BILLS
56 

•S 3571 IS

1 (B) any other requirement that the Admin2 istrator determines to be necessary to carry out 

3 this Act. 

4 (2) SPECIFIC REQUIREMENTS BEFORE PROMUL5 GATION OF REGULATIONS.—Before the date on 

6 which the Administrator promulgates regulations 

7 under paragraph (1), the Administrator may estab8 lish, on a case-by-case basis, specific requirements 

9 that the Administrator determines would facilitate 

10 the implementation of this subsection with respect to 

11 a Good Samaritan permitting program. 

12 SEC. 5. SPECIAL ACCOUNTS. 

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

14 Treasury of the United States a Good Samaritan Mine 

15 Remediation Fund (referred to in this section as a 

16 ‘‘Fund’’) for— 

17 (1) each Federal land management agency that 

18 authorizes a Good Samaritan to conduct a project 

19 on Federal land under the jurisdiction of that Fed20 eral land management agency under a Good Samari21 tan permit; and 

22 (2) the Environmental Protection Agency. 

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

24 (1) amounts provided in appropriation Acts; 


pamtmann on DSKBC07HB2PROD with BILLS
57 

•S 3571 IS

1 (2) any proceeds from reprocessing deposited 

2 under section 4(f)(5)(B)(iv); 

3 (3) any financial assurance funds collected from 

4 an agreement described in section 

5 4(m)(1)(A)(vi)(V)(bb); 

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

7 and maintenance under an agreement under section 

8 4(r)(5); 

9 (5) any interest earned under an investment 

10 under subsection (c); 

11 (6) any proceeds from the sale or redemption of 

12 investments held in the Fund; and 

13 (7) any amounts donated to the Fund by any 

14 person. 

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

16 currently needed to carry out this Act shall be— 

17 (1) maintained as readily available or on de18 posit; 

19 (2) invested in obligations of the United States 

20 or guaranteed by the United States; or 

21 (3) invested in obligations, participations, or 

22 other instruments that are lawful investments for a 

23 fiduciary, a trust, or public funds. 

24 (d) RETAIN AND USE AUTHORITY.—The Adminis25 trator and each head of a Federal land management agenVerDate Sep 11 2014 19:24 Feb 04, 2022 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S3571.IS S3571

pamtmann on DSKBC07HB2PROD with BILLS
58 

•S 3571 IS

1 cy, as appropriate, may, notwithstanding any other provi2 sion of law, retain and use money deposited in the applica3 ble Fund without fiscal year limitation for the purpose of 

4 carrying out this Act. 

5 SEC. 6. REPORT TO CONGRESS. 

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

7 date of enactment of this Act, the Administrator, in con8 sultation with the heads of Federal land management 

9 agencies, shall submit to the Committee on Environment 

10 and Public Works of the Senate and the Committees on 

11 Transportation and Infrastructure, Energy and Com12 merce, and Natural Resources of the House of Represent13 atives a report evaluating the Good Samaritan pilot pro14 gram under this Act. 

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

16 shall include— 

17 (1) a description of— 

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

19 Good Samaritan permits granted pursuant to 

20 this Act; and 

21 (B) each remediation project authorized by 

22 those Good Samaritan permits; 

23 (2) qualitative and quantitative data on the re24 sults achieved under the Good Samaritan permits 

25 before the date of issuance of the report; 


pamtmann on DSKBC07HB2PROD with BILLS
59 

•S 3571 IS

1 (3) a description of— 

2 (A) any problems encountered in admin3 istering this Act; and 

4 (B) whether the problems have been or can 

5 be remedied by administrative action (including 

6 amendments to existing law); 

7 (4) a description of progress made in achieving 

8 the purposes of this Act; and 

9 (5) recommendations on whether the Good Sa10 maritan pilot program under this Act should be con11 tinued, including a description of any modifications 

12 (including amendments to existing law) required to 

13 continue administering this Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS