I 

115TH CONGRESS 

2D SESSION H. R. 7226 

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

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2018 

Mr. TIPTON 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 Natural 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 promote remediation of orphan 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 Orphan Hardrock Mines Act of 2018’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) COOPERATING PERSON.—The term ‘‘cooper5 ating person’’ means any person that is named by 

6 the Good Samaritan in the permit application as a 

7 cooperating entity. 

8 (3) FEDERAL LAND MANAGEMENT AGENCY.— 

9 The term ‘‘Federal land management agency’’ 

10 means any Federal agency authorized by law or ex11 ecutive order to exercise jurisdiction, custody, or 

12 control over land owned by the United States. 

13 (4) GOOD SAMARITAN.—The term ‘‘Good Sa14 maritan’’ means a person that, with respect to his15 toric mine residue, as determined by the Adminis16 trator— 

17 (A) is not a past or current owner or oper18 ator of— 

19 (i) the orphan mine site at which the 

20 historic mine residue is located; or 

21 (ii) a portion of that orphan mine site; 

22 (B) had no role in the creation of the his23 toric mine residue; and 

24 (C) is not potentially liable under any Fed25 eral, State, Tribal, or local law for the remediVerDate Sep 11 2014 23:17 Dec 07, 2018 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7226.IH H7226

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1 ation, treatment, or control of the historic mine 

2 residue. 

3 (5) GOOD SAMARITAN PERMIT.—The term 

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

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

6 (6) HISTORIC MINE RESIDUE.— 

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

8 mine residue’’ means mine residue or any con9 dition at an orphan mine site resulting from 

10 hardrock mining activities conducted on— 

11 (i) Federal land under sections 2319 

12 through 2352 of the Revised Statutes 

13 (commonly known as the ‘‘Mining Law of 

14 1872’’; 30 U.S.C. 22 et seq.); or 

15 (ii) State or private land. 

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

17 mine residue’’ includes— 

18 (i) previously mined ores and minerals 

19 other than coal that contribute to acid 

20 mine drainage or other pollution; 

21 (ii) equipment (including materials in 

22 equipment); 

23 (iii) any tailings, heap leach piles, 

24 dump leach piles, waste rock, overburden, 

25 slag piles, or other waste or material reVerDate Sep 11 2014 23:17 Dec 07, 2018 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7226.IH H7226

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1 sulting from any extraction, beneficiation, 

2 or other processing activity that occurred 

3 during the active operation of an orphan 

4 mine site; 

5 (iv) any acidic or otherwise polluted 

6 flow in surface water or groundwater that 

7 originates from, or is pooled and contained 

8 in, an inactive or abandoned mine site, 

9 such as underground workings, open pits, 

10 in-situ leaching operations, ponds, or im11 poundments; 

12 (v) any hazardous substance (as de13 fined in section 101 of the Comprehensive 

14 Environmental Response, Compensation, 

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

16 9601)); 

17 (vi) any pollutant or contaminant (as 

18 defined in section 101 of the Comprehen19 sive Environmental Response, Compensa20 tion, and Liability Act of 1980 (42 U.S.C. 

21 9601)); and 

22 (vii) any pollutant (as defined in sec23 tion 502 of the Federal Water Pollution 

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


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1 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

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

4 1377(h)). 

5 (8) INVESTIGATIVE SAMPLING PERMIT.—The 

6 term ‘‘investigative sampling permit’’ means a per7 mit granted by the Administrator under section 

8 4(d)(1). 

9 (9) ORPHAN MINE SITE.— 

10 (A) IN GENERAL.—The term ‘‘orphan 

11 mine site’’ means an abandoned or inactive 

12 hardrock mine site and any facility associated 

13 with an abandoned or inactive hardrock mine 

14 site— 

15 (i) that was used for the production of 

16 a mineral other than coal conducted on 

17 Federal land under sections 2319 through 

18 2352 of the Revised Statutes (commonly 

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

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

21 and 

22 (ii) for which, based on information 

23 supplied by the Good Samaritan after re24 view of publicly available data and after re25 view of other information in the possession 


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1 of the Administrator, the Administrator or, 

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

3 United States, the Federal land manage4 ment agency, determines that no respon5 sible owner or operator has been identi6 fied— 

7 (I) who is potentially liable for, 

8 or has been required to perform or 

9 pay for, environmental remediation 

10 activities under applicable law; and 

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

12 mine site located on land owned by 

13 the United States, a Federal land 

14 management agency that has not been 

15 involved in mining activity on that 

16 land, except that the approval of a 

17 plan of operations under the hardrock 

18 mining regulations of the applicable 

19 Federal land management agency 

20 shall not be considered involvement in 

21 the mining activity. 

22 (B) INCLUSION.—The term ‘‘orphan mine 

23 site’’ includes a hardrock mine site (including 

24 associated facilities) that was previously the 

25 subject of a completed response action under 


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1 the Comprehensive Environmental Response, 

2 Compensation, and Liability Act of 1980 (42 

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

4 State reclamation or cleanup program, includ5 ing the remediation of mine-scarred land under 

6 the brownfields revitalization program under 

7 section 104(k) of the Comprehensive Environ8 mental Response, Compensation, and Liability 

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

10 (C) EXCLUSIONS.— 

11 (i) IN GENERAL.—The term ‘‘orphan 

12 mine site’’ does not include a mine site (in13 cluding associated facilities)— 

14 (I) in a temporary shutdown or 

15 cessation; 

16 (II) included on the National Pri17 orities List developed by the President 

18 in accordance with section 

19 105(a)(8)(B) of the Comprehensive 

20 Environmental Response, Compensa21 tion, and Liability Act of 1980 (42 

22 U.S.C. 9605(a)(8)(B)) or is proposed 

23 for inclusion on that list; 

24 (III) that is the subject of a 

25 planned or ongoing response action 


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1 under the Comprehensive Environ2 mental Response, Compensation, and 

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

4 et seq.) or a similar Federal and State 

5 reclamation or cleanup program; 

6 (IV) that has a responsible owner 

7 or operator; or 

8 (V) that actively mined or proc9 essed minerals after December 11, 

10 1980. 

11 (10) PASSIVE LANDOWNER.—The term ‘‘passive 

12 landowner’’ means an individual who— 

13 (A) owns property containing an orphan 

14 mine site; 

15 (B) had no part in the operation of the or16 phan mine site; and 

17 (C) took ownership of the property de18 scribed in subparagraph (A) after termination 

19 of the mining operation at the orphan mine 

20 site. 

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

22 entity described in— 

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

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


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

2 Environmental Response, Compensation, and 

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

4 (12) REMEDIATION.— 

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

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

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

10 into the environment at or from an orphan 

11 mine site, or to otherwise protect and improve 

12 human health and the environment. 

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

14 includes any action to remove, treat, or contain 

15 historic mine residue to prevent, minimize, or 

16 reduce— 

17 (i) the release or threat of release of 

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

20 or the environment; or 

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

24 environment. 


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

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

3 section 1151 of title 18, United States Code. 

4 (14) RESPONSIBLE OWNER OR OPERATOR.— 

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

6 person that is— 

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

8 of the Federal Water Pollution Control Act (33 

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

10 from an orphan mine site; and 

11 (ii) financially able to comply with each re12 quirement described in that section; or 

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

14 or other person that is liable with respect to a 

15 release or threat of release of a hazardous sub16 stance, pollutant, or contaminant associated 

17 with the historic mine residue at or from an or18 phan mine site under section 104, 106, 107, or 

19 113 of the Comprehensive Environmental Re20 sponse, Compensation, and Liability Act of 

21 1980 (42 U.S.C. 9604, 9606, 9607, 9613); and 

22 (ii) financially able to comply with each re23 quirement described in those sections, as appli24 cable. 


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1 SEC. 3. SCOPE. 

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

3 Act)— 

4 (1) reduces any existing liability; 

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

6 compliance with this Act; 

7 (3) authorizes the conduct of any mining or 

8 processing other than the conduct of any processing 

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

10 materials that is authorized by a Good Samaritan 

11 permit; 

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

13 Federal land management agency pursuant to sec14 tion 107 of the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of 1980 (42 

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

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

18 (5) relieves the United States or any Federal 

19 land management agency from any liability under 

20 section 107 of the Comprehensive Environmental 

21 Response, Compensation, and Liability Act of 1980 

22 (42 U.S.C. 9607) or section 301 of the Federal 

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

24 exists apart from any action undertaken pursuant to 

25 this Act. 


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1 SEC. 4. ORPHAN MINE SITE GOOD SAMARITAN PILOT 

2 PROJECT AUTHORIZATION. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—The Administrator shall es5 tablish a pilot program under which the Adminis6 trator shall grant not more than 15 Good Samaritan 

7 permits to carry out projects to remediate historic 

8 mine residue at any portions of orphan mine sites in 

9 accordance with this Act. 

10 (2) OVERSIGHT OF PERMITS.—The Adminis11 trator may oversee the remediation project under 

12 paragraph (1), and any action taken by the applica13 ble Good Samaritan or any cooperating person 

14 under the applicable Good Samaritan permit, for the 

15 duration of the Good Samaritan permit, as the Ad16 ministrator determines to be necessary to review the 

17 status of the project. 

18 (b) GOOD SAMARITAN PERMIT ELIGIBILITY.— 

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

20 Good Samaritan permit to carry out a project to re21 mediate an orphan mine site, a person shall dem22 onstrate that— 

23 (A) the orphan mine site that is the sub24 ject of the application for a Good Samaritan 

25 permit is located in the United States; 


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1 (B) the purpose of the proposed project is 

2 the remediation at that orphan mine site of his3 toric mine residue; 

4 (C) the proposed activities are designed to 

5 result in the partial or complete remediation of 

6 historic mine residue at the orphan mine site; 

7 (D) to the satisfaction of the Adminis8 trator, the person— 

9 (i) possesses, or has the ability to se10 cure, the financial and other resources nec11 essary— 

12 (I) to complete the permitted 

13 work, as determined by the Adminis14 trator; and 

15 (II) to address any contingencies 

16 identified in the Good Samaritan per17 mit application described in subsection 

18 (c); 

19 (ii) possesses the proper and appro20 priate experience and capacity to complete 

21 the permitted work; and 

22 (iii) will complete the permitted work; 

23 and 


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1 (E) the person is a Good Samaritan with 

2 respect to the historic mine residue proposed to 

3 be covered by the Good Samaritan permit. 

4 (2) IDENTIFICATION OF ALL RESPONSIBLE

5 OWNERS OR OPERATORS.— 

6 (A) IN GENERAL.—A Good Samaritan 

7 shall make reasonable and diligent efforts to 

8 identify, from a review of publicly available in9 formation in land records or on internet 

10 websites of Federal, State, and local regulatory 

11 authorities, all responsible owners or operators 

12 of an orphan mine site proposed to be remedi13 ated by the Good Samaritan under this section. 

14 (B) EXISTING RESPONSIBLE OWNER OR

15 OPERATOR.—If the Administrator determines, 

16 based on information provided by a Good Sa17 maritan or otherwise, that a responsible owner 

18 or operator exists for an orphan mine site pro19 posed to be remediated by the Good Samaritan, 

20 the Administrator shall deny the application for 

21 a Good Samaritan permit. 

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

23 Samaritan permit, a person shall submit to the Adminis24 trator an application, signed by the person and any co25 operating person, that provides, to the extent known or 


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1 reasonably discoverable by the person on the date on which 

2 the application is submitted— 

3 (1) a description of the orphan mine site (in4 cluding the boundaries of the orphan mine site) pro5 posed to be covered by the Good Samaritan permit; 

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

7 involved in the remediation project, including any co8 operating person and each member of an applicable 

9 corporation, association, partnership, consortium, 

10 joint venture, commercial entity, or nonprofit asso11 ciation; 

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

13 all legal rights or the authority necessary to enter 

14 the relevant orphan mine site and perform the reme15 diation described in the application; 

16 (4) a detailed description of the historic mine 

17 residue to be remediated; 

18 (5) a detailed description of the expertise and 

19 experience of the person and the resources available 

20 to the person to successfully implement and com21 plete the remediation plan under paragraph (7); 

22 (6) to the satisfaction of the Administrator and 

23 subject to subsection (d), a description of the base24 line environmental conditions, including potentially 

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1 ditions, affected by the historic mine residue to be 

2 remediated that includes— 

3 (A) the nature and extent of any adverse 

4 impact on the water quality of any body of 

5 water caused by the drainage of historic mine 

6 residue or other discharges from the orphan 

7 mine site; 

8 (B) the flow rate and concentration of any 

9 drainage of historic mine residue or other dis10 charge from the orphan mine site in any body 

11 of water that has resulted in an adverse impact 

12 described in subparagraph (A); and 

13 (C) any other release or threat of release 

14 of historic mine residue that has resulted in an 

15 adverse impact to public health or the environ16 ment; 

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

18 plan for the orphan mine site that describes— 

19 (A) the nature and scope of the proposed 

20 remediation activities, including— 

21 (i) any historic mine residue to be ad22 dressed by the remediation plan; and 

23 (ii) a description of the goals of the 

24 remediation including, if applicable, with 

25 respect to— 


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1 (I) the reduction or prevention of 

2 a release, threat of release, or dis3 charge to surface waters; or 

4 (II) other appropriate goals relat5 ing to water or soil; 

6 (B) each activity that the person proposes 

7 to take that is designed— 

8 (i) to improve or enhance water qual9 ity or site-specific soil quality relevant to 

10 the historic mine residue addressed by the 

11 remediation plan; or 

12 (ii) to otherwise protect human health 

13 and the environment (including through 

14 the prevention of a release, discharge, or 

15 threat of release to water or soil); 

16 (C) the monitoring or other form of assess17 ment, if any, that will be undertaken by the 

18 person to evaluate the success of the activities 

19 described in subparagraph (A) during and after 

20 the remediation, with respect to the baseline 

21 conditions, as described in paragraph (6); 

22 (D) to the satisfaction of the Adminis23 trator, detailed engineering plans for the 

24 project; 


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1 (E) any proposed recycling or reprocessing 

2 of historic mine residue to be conducted by the 

3 person (including a description of how all pro4 posed recycling or reprocessing activities relate 

5 to the remediation of the orphan mine site); 

6 and 

7 (F) identification of any proposed con8 tractor that will perform any remediation activ9 ity; 

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

11 work to be carried out under the project, including 

12 a schedule for periodic reporting by the person on 

13 the remediation of the orphan mine site; 

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

15 remediation activity that requires plugging, opening, 

16 or otherwise altering the portal or adit of an orphan 

17 mine site, an evaluation of orphan mine site condi18 tions, including an assessment of any pooled water 

19 or hydraulic pressure in the orphan mine site con20 ducted by a licensed professional engineer; 

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

22 designed for mining remediation work; 

23 (11) a specific contingency plan that— 

24 (A) includes provisions on response and 

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1 ties with jurisdiction over downstream waters 

2 that have the potential to be impacted by an 

3 unplanned release or discharge of hazardous 

4 substances, pollutants, or contaminants; and 

5 (B) is designed to respond to unplanned 

6 adverse events (such as potential fluid release 

7 that may result from addressing pooled water 

8 or hydraulic pressure situations), including the 

9 sudden release of historic mine residue; 

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

11 and description of financial resources that dem12 onstrate that the permitted work, including any op13 eration and maintenance, will be completed; 

14 (13) subject to subsection (d), information dem15 onstrating that the applicant has the financial re16 sources to carry out the remediation (including any 

17 long-term monitoring that may be required by the 

18 Good Samaritan permit) or the ability to secure an 

19 appropriate third-party financial assurance, as deter20 mined by the Administrator, to ensure completion of 

21 the permitted work, including any long-term oper22 ations and maintenance of remediation activities 

23 that may be— 

24 (A) proposed in the application for the 

25 Good Samaritan permit; or 


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1 (B) required by the Administrator as a 

2 condition of granting the permit; 

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

4 for any required operation and maintenance of any 

5 remediation, including a timeline, if necessary; 

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

7 any planned post-remediation monitoring, if nec8 essary; and 

9 (16) subject to subsection (d), any other appro10 priate information, as determined by the Adminis11 trator or the applicant. 

12 (d) INVESTIGATIVE SAMPLING.— 

13 (1) INVESTIGATIVE SAMPLING PERMITS.—The 

14 Administrator may grant an investigative sampling 

15 permit for a period determined by the Administrator 

16 to authorize a person to conduct investigative sam17 pling of historic mine residue, soil, or water to deter18 mine— 

19 (A) baseline conditions; and 

20 (B) whether the person— 

21 (i) is willing to perform further reme22 diation to address the historic mine res23 idue; and 

24 (ii) will proceed with a permit conver25 sion under subsection (e)(1). 


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1 (2) APPLICATION.—If a person proposes to con2 duct investigative sampling, the person shall submit 

3 to the Administrator a Good Samaritan permit ap4 plication that contains, to the satisfaction of the Ad5 ministrator— 

6 (A) each description required under para7 graphs (1), (2), (5), and (6) of subsection (c); 

8 (B) the evidence required under subsection 

9 (c)(3); 

10 (C) each plan required under paragraphs 

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

12 (D) a detailed plan of the investigative 

13 sampling. 

14 (3) PERMIT LIMITATIONS.—If a person submits 

15 an application that proposes only investigative sam16 pling of historic mine residue, soil, or water that 

17 only includes the requirements described in para18 graph (2), the Administrator may only grant an in19 vestigative sampling permit that authorizes the per20 son only to carry out the plan of investigative sam21 pling of historic mine residue, soil, or water, as de22 scribed in the investigative sampling permit applica23 tion under paragraph (2). 


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1 (4) REQUIREMENTS RELATING TO SAMPLES.— 

2 In conducting investigative sampling of historic mine 

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

4 (A) collect samples that are representative 

5 of the conditions present at the orphan mine 

6 site that is the subject of the investigative sam7 pling permit; and 

8 (B) retain publically available records of all 

9 sampling events for a period of not less than 3 

10 years. 

11 (5) POST-SAMPLING REMEDIATION.— 

12 (A) REFUSAL TO CONVERT PERMIT.—Sub13 ject to subparagraph (B), a person who obtains 

14 an investigative sampling permit may decline to 

15 apply to convert the investigative sampling per16 mit into a Good Samaritan permit under para17 graph (6) and decline to undertake remediation 

18 on conclusion of investigative sampling. 

19 (B) RETURN TO PREEXISTING CONDI20 TIONS.—If the activities carried out by a person 

21 under an investigative sampling permit result in 

22 surface water quality conditions, or any other 

23 environmental conditions, that are worse than 

24 the preexisting conditions of the applicable or25 phan mine site due to historic mine residue at 


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1 the orphan mine site, the person shall under2 take actions to return the orphan mine site to 

3 those preexisting conditions. 

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

5 year after the date on which the investigative sam6 pling under the investigative sampling permit con7 cludes, a person to whom an investigative sampling 

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

9 convert an investigative sampling permit into a Good 

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

11 (e) INVESTIGATIVE SAMPLING CONVERSION.— 

12 (1) IN GENERAL.—A person to which an inves13 tigative sampling permit was granted may submit to 

14 the Administrator an application in accordance with 

15 paragraph (2) to convert the investigative sampling 

16 permit into a Good Samaritan permit. 

17 (2) APPLICATION.— 

18 (A) INVESTIGATIVE SAMPLING.—An appli19 cation for the conversion of an investigative 

20 sampling permit under paragraph (1) shall in21 clude any requirement described in subsection 

22 (c) that was not included in full in the applica23 tion submitted under subsection (d)(2). 


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1 (B) PUBLIC NOTICE AND COMMENT.—An 

2 application for permit conversion under this 

3 paragraph shall be subject to— 

4 (i) a period of public notice and com5 ment; and 

6 (ii) a public hearing, if requested. 

7 (f) CONTENT OF PERMITS.— 

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

9 shall contain— 

10 (A) the information described in subsection 

11 (c), including any modification required by the 

12 Administrator; 

13 (B)(i) 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) section 301, 302, 306, 307, 402, 

20 or 404 of the Federal Water Pollution 

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

22 1317, 1342, 1344); and 

23 (II) authorizations, licenses, and per24 mits that would not need to be obtained if 

25 the remediation was conducted pursuant to 


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1 section 121 of the Comprehensive Environ2 mental Response, Compensation, and Li3 ability Act of 1980 (42 U.S.C. 9621); or 

4 (ii) in the case of an orphan mine site in 

5 a State that is authorized to implement State 

6 law pursuant to section 402 or 404 of the Fed7 eral Water Pollution Control Act (33 U.S.C. 

8 1342, 1344) or on land of an Indian tribe that 

9 is authorized to implement Tribal law pursuant 

10 to that section, a provision that states that the 

11 Good Samaritan is responsible for securing, for 

12 all activities authorized under the Good Samari13 tan permit, all authorizations, licenses, and per14 mits that are required under applicable law, ex15 cept for— 

16 (I) the State or Tribal law, as applica17 ble; and 

18 (II) authorizations, licenses, and per19 mits that would not need to be obtained if 

20 the remediation was conducted pursuant to 

21 section 121 of the Comprehensive Environ22 mental Response, Compensation, and Li23 ability Act of 1980 (42 U.S.C. 9621); 

24 (C) specific public notification require25 ments, including the contact information for all 


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1 appropriate response centers in accordance with 

2 subsection (o); and 

3 (D) any other terms and conditions deter4 mined to be appropriate by the Administrator. 

5 (2) FORCE MAJEURE.—A Good Samaritan per6 mit may include, at the request of the Good Samari7 tan, a provision that a Good Samaritan may assert 

8 a claim of force majeure for any violation of the 

9 Good Samaritan permit caused solely by— 

10 (A) an act of God; 

11 (B) an act of war; 

12 (C) negligence on the part of the United 

13 States; or 

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

15 the Good Samaritan— 

16 (i) exercises due care with respect to 

17 the actions of the Good Samaritan under 

18 the Good Samaritan permit, as determined 

19 by the Administrator; 

20 (ii) took precautions against foresee21 able acts or omissions of the third party, 

22 as determined by the Administrator; and 

23 (iii) uses reasonable efforts— 

24 (I) to anticipate any potential 

25 force majeure; and 


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1 (II) to address the effects of any 

2 potential force majeure. 

3 (3) MONITORING.— 

4 (A) IN GENERAL.—The Good Samaritan 

5 shall take such actions as the Good Samaritan 

6 permits requires to ensure appropriate baseline 

7 monitoring, monitoring during the remediation 

8 project, and post-remediation monitoring of the 

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

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

11 (B) MULTIPARTY MONITORING.—The Ad12 ministrator may approve in a Good Samaritan 

13 permit the monitoring by multiple cooperating 

14 persons if, as determined by the Adminis15 trator— 

16 (i) the multiparty monitoring will ef17 fectively accomplish the goals of this sec18 tion; and 

19 (ii) the Good Samaritan remains re20 sponsible for compliance with the terms of 

21 the Good Samaritan permit. 

22 (4) SIGNATURE BY GOOD SAMARITAN.—The 

23 signature of the relevant Good Samaritan and a co24 operating person, if any, on the Good Samaritan 

25 permit shall be considered to be an acknowledgment 


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1 by the Good Samaritan that the Good Samaritan ac2 cepts the terms and conditions of the Good Samari3 tan permit. 

4 (5) OTHER DEVELOPMENT.— 

5 (A) NO AUTHORIZATION OF MINING AC6 TIVITIES.—Except as provided in the Good Sa7 maritan permit, no mineral exploration, proc8 essing, beneficiation, or mining shall be— 

9 (i) authorized by this Act; or 

10 (ii) covered by any waiver of liability 

11 provided by this Act from applicable law. 

12 (B) SALE OR USE OF MATERIALS.—A 

13 Good Samaritan may sell or use materials re14 covered during the implementation of a remedi15 ation plan only if all of the proceeds from the 

16 sale or use of the materials are first used— 

17 (i) to defray the costs of the remedi18 ation; and 

19 (ii) to the extent required by the Good 

20 Samaritan permit, to reimburse the Ad21 ministrator or the head of a Federal land 

22 management agency for any costs incurred 

23 for oversight of the Good Samaritan. 

24 (C) CONNECTION WITH OTHER ACTIVI25 TIES.—The commingling or association of any 


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1 other discharge of water or historic mine res2 idue or any activity, project, or operation with 

3 any aspect of a project subject to a Good Sa4 maritan permit shall not limit or reduce the li5 ability of any person associated with the other 

6 discharge of water or historic mine residue or 

7 activity, project, or operation. 

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

9 may allow the Good Samaritan to return to the orphan 

10 mine site after the completion of the remediation to per11 form operations and maintenance or other work— 

12 (1) to ensure the functionality of the orphan 

13 mine site; or 

14 (2) to protect public health and the environ15 ment. 

16 (h) TIMING.—Work authorized under a Good Samar17 itan permit— 

18 (1) shall commence, as applicable— 

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

20 months after the date on which the Adminis21 trator granted the Good Samaritan permit, un22 less the Administrator grants an extension 

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

24 (B) if the grant of the Good Samaritan 

25 permit is the subject of a petition for judicial 


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1 review, not later than the date that is 18 

2 months after the date on which the judicial re3 view, including any appeals, has concluded; and 

4 (2) shall continue until completed, with tem5 porary suspensions permitted during adverse weath6 er or other conditions specified in the Good Samari7 tan permit. 

8 (i) TRANSFER OF PERMITS.—A Good Samaritan per9 mit may be transferred to another person only if— 

10 (1) the Administrator determines that the 

11 transferee qualifies as a Good Samaritan; 

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

13 by the terms of, the Good Samaritan permit; 

14 (3) the Administrator includes in the trans15 ferred Good Samaritan permit any additional condi16 tions necessary to meet the goals of this Act; and 

17 (4) in the case of a project carried out or pro18 posed to be carried out under the transferred Good 

19 Samaritan permit on land owned by the United 

20 States— 

21 (A) the head of the appropriate Federal 

22 land management agency consents to the trans23 fer; and 

24 (B) the transferee enters into any applica25 ble special use permit or other land use agreeVerDate Sep 11 2014 23:17 Dec 07, 2018 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H7226.IH H7226

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1 ment with that Federal land management agen2 cy. 

3 (j) ROLE OF ADMINISTRATOR.—In carrying out this 

4 section, the Administrator shall— 

5 (1) consult with prospective applicants; 

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

8 (3) maintain all records relating to the Good 

9 Samaritan permit and the permit process; 

10 (4) provide an opportunity for cooperating per11 sons and the public to participate in the Good Sa12 maritan permit process, including— 

13 (A) a public comment period; and 

14 (B) a public hearing, if requested; and 

15 (5) enforce and otherwise carry out this section. 

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

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

18 the date on which the Administrator receives an applica19 tion for the remediation of an orphan mine site under this 

20 section, the Administrator shall provide notice and a copy 

21 of the application to— 

22 (1) each local government with jurisdiction over 

23 a drinking water utility, and each Indian tribe with 

24 reservation or off-reservation treaty rights to land or 

25 water, located downstream from a proposed remediVerDate Sep 11 2014 23:17 Dec 07, 2018 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H7226.IH H7226

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1 ation project that is reasonably anticipated to be ad2 versely impacted by a potential release of contami3 nants from the orphan mine site, as determined by 

4 the Administrator; 

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

6 may have an interest in the application; and 

7 (3) in the case of an orphan mine site that is 

8 located partially or entirely on land owned by the 

9 United States, the Federal land management agency 

10 with jurisdiction over that land. 

11 (l) PUBLIC NOTICE OF RECEIPT OF APPLICA12 TIONS.— 

13 (1) IN GENERAL.—Not later than 30 days after 

14 the date on which the Administrator receives a com15 plete application for a Good Samaritan permit, the 

16 Administrator shall provide to the public a notice 

17 that— 

18 (A) describes— 

19 (i) the location of the relevant orphan 

20 mine site; 

21 (ii) the scope and nature of the pro22 posed remediation; and 

23 (iii) the name of the person applying 

24 for the Good Samaritan permit; and 


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1 (B) provides to the public a means of view2 ing or obtaining the application, including, at a 

3 minimum, posting the application on the 

4 website of the Administrator. 

5 (2) HEARING.— 

6 (A) IN GENERAL.—Before the date on 

7 which the Administrator grants a Good Samari8 tan permit, if requested, the Administrator 

9 shall hold a public hearing in the vicinity of the 

10 affected orphan mine site. 

11 (B) NOTICE.—Not later than 30 days be12 fore the date of a hearing under subparagraph 

13 (A), the Administrator shall provide to the pub14 lic— 

15 (i) notice of the hearing; and 

16 (ii) a draft Good Samaritan permit. 

17 (C) COMMENTS.—The Administrator shall 

18 provide to the relevant applicant and the public 

19 the opportunity— 

20 (i) to comment on the draft Good Sa21 maritan permit at the public hearing; and 

22 (ii) to submit written comments to the 

23 Administrator during the 30-day period be24 ginning on the date of the hearing. 

25 (m) PERMIT GRANT.— 


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1 (1) IN GENERAL.—The Administrator may 

2 grant a Good Samaritan permit to carry out a 

3 project for the remediation of an orphan mine site 

4 only if— 

5 (A) the Administrator determines that— 

6 (i) the person seeking the permit is a 

7 Good Samaritan; 

8 (ii) the application described in sub9 section (c) is complete; 

10 (iii) the project is designed to reme11 diate historic mine residue at the orphan 

12 mine site to protect public health and the 

13 environment; 

14 (iv) the proposed project is designed 

15 to meet all other goals, as determined by 

16 the Administrator, including any goals set 

17 forth in the application for the Good Sa18 maritan permit that are accepted by the 

19 Administrator; 

20 (v) the proposed activities are de21 signed to result in, as compared to the 

22 baseline conditions described in subsection 

23 (c)(6)— 


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1 (I) improved water or soil quality 

2 or other environmental or safety con3 ditions; or 

4 (II) reductions in further threats 

5 to water or soil quality or other envi6 ronmental or safety conditions; 

7 (vi) the applicant has— 

8 (I) demonstrated that the appli9 cant has the proper and appropriate 

10 experience and capacity to complete 

11 the permitted work; 

12 (II) demonstrated that the appli13 cant will complete the permitted work; 

14 (III) the financial and other re15 sources to address any contingencies 

16 identified in the Good Samaritan per17 mit application described in sub18 sections (b) and (c); 

19 (IV) granted access and provided 

20 the authority to review the records of 

21 the applicant relevant to compliance 

22 with the requirements of the Good Sa23 maritan permit; and 

24 (V) demonstrated, to the satisfac25 tion of the Administrator, that— 


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1 (aa) the applicant has, or 

2 has access to, the financial re3 sources to complete the project 

4 described in the Good Samaritan 

5 permit application, including any 

6 long-term monitoring and oper7 ations and maintenance that the 

8 Administrator may require the 

9 applicant to perform in the Good 

10 Samaritan permit; or 

11 (bb) the applicant has estab12 lished a third-party financial as13 surance mechanism, such as a 

14 corporate guarantee from a par15 ent or other corporate affiliate, 

16 letter of credit, trust, surety 

17 bond, or insurance to assure that 

18 funds are available to complete 

19 the permitted work, including for 

20 operations and maintenance and 

21 to address potential contin22 gencies, that establishes the Ad23 ministrator or the head of the 

24 Federal land management agency 

25 as the beneficiary of the thirdVerDate Sep 11 2014 23:17 Dec 07, 2018 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H7226.IH H7226

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1 party financial assurance mecha2 nism and that allows the Admin3 istrator to retain and use the 

4 funds from the financial assur5 ance mechanism in the event the 

6 Good Samaritan does not com7 plete the remediation under the 

8 Good Samaritan permit; and 

9 (vii) the project meets the require10 ments of this Act; 

11 (B) the State or Indian tribe with jurisdic12 tion over land on which the orphan mine site is 

13 located has been given an opportunity to review 

14 and, if necessary, comment on the grant of the 

15 Good Samaritan permit; 

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

17 carried out under the Good Samaritan permit 

18 partially or entirely on land owned by the 

19 United States— 

20 (i) the head of the Federal land man21 agement agency with jurisdiction over that 

22 land reviews and concurs with the grant of 

23 the Good Samaritan permit; and 

24 (ii) the Good Samaritan has entered 

25 into any applicable special use permit or 


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1 other land use agreement with the Federal 

2 land management agency pursuant to ap3 plicable Federal land management law; and 

4 (D) the Administrator has provided— 

5 (i) notice under subsection (l); and 

6 (ii) a period of public comment and a 

7 public hearing under that subsection, if re8 quested. 

9 (2) RELATION TO NEPA.— 

10 (A) IN GENERAL.—The grant or modifica11 tion of a Good Samaritan permit by the Admin12 istrator shall not be considered a major Federal 

13 action significantly affecting the quality of the 

14 human environment for purposes of section 102 

15 of the National Environmental Policy Act (42 

16 U.S.C. 4332). 

17 (B) LIMITATION.—Nothing in this para18 graph exempts the Secretary of Agriculture or 

19 the Secretary of the Interior, as applicable, 

20 from any other requirements of section 102 of 

21 the National Environmental Policy Act (42 

22 U.S.C. 4332). 

23 (3) DEADLINE.— 


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1 (A) IN GENERAL.—The Administrator 

2 shall grant or deny a Good Samaritan permit 

3 by not later than— 

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

5 date of receipt by the Administrator of an 

6 application for the Good Samaritan permit 

7 that, as determined by the Administrator, 

8 is complete and meets all applicable re9 quirements of subsection (c); or 

10 (ii) such later date as may be deter11 mined by the Administrator with notifica12 tion provided to the applicant. 

13 (B) CONSTRUCTIVE DENIAL.—If the Ad14 ministrator fails to grant or deny a Good Sa15 maritan permit by the applicable deadline de16 scribed in subparagraph (A), the application 

17 shall be considered to be denied. 

18 (n) EFFECT OF PERMITS.— 

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

20 of an investigative sampling permit, passive land21 owner, and any cooperating person undertaking re22 mediation activities identified in and carried out pur23 suant to and in full compliance with a Good Samari24 tan permit— 


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1 (A) shall be considered to be in compliance 

2 with all requirements (including permitting re3 quirements) under the Federal Water Pollution 

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

5 any law or regulation implemented by a State 

6 or Indian tribe under section 402 or 404 of the 

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

8 1342, 1344)) and the Comprehensive Environ9 mental Response, Compensation, and Liability 

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

11 the term of the Good Samaritan permit and 

12 after the termination of the Good Samaritan 

13 permit; 

14 (B) shall not be required to obtain a per15 mit under, or to comply with, section 301, 302, 

16 306, 307, 402, or 404 of the Federal Water 

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

18 1316, 1317, 1342, 1344), or any State or Trib19 al standards or regulations approved by the Ad20 ministrator under those sections of that Act, 

21 during the term of the Good Samaritan permit 

22 and after the termination of the Good Samari23 tan permit; and 

24 (C) shall not be required to obtain any au25 thorizations, licenses, or permits that would 


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1 otherwise not need to be obtained if the remedi2 ation was conducted pursuant to section 121 of 

3 the Comprehensive Environmental Response, 

4 Compensation, and Liability Act of 1980 (42 

5 U.S.C. 9621). 

6 (2) ACTIVITIES NOT RELATING TO REMEDI7 ATION.— 

8 (A) IN GENERAL.—A Good Samaritan or 

9 any cooperating person that carries out any ac10 tivity relating to mineral exploration, proc11 essing, beneficiation, or mining, including devel12 opment, that is not authorized by the applicable 

13 Good Samaritan permit shall be subject to all 

14 applicable law. 

15 (B) LIABILITY.—Any activity not author16 ized by a Good Samaritan permit, as deter17 mined by the Administrator, may be subject to 

18 liability and enforcement under all applicable 

19 law, including— 

20 (i) the Federal Water Pollution Con21 trol Act (33 U.S.C. 1251 et seq.); and 

22 (ii) the Comprehensive Environmental 

23 Response, Compensation, and Liability Act 

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

25 (3) NO ENFORCEMENT LIABILITY.— 


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1 (A) DISCHARGES.—Subject to subpara2 graphs (B) and (C), a Good Samaritan, recipi3 ent of an investigative sampling permit, passive 

4 landowner, or cooperating person that is con5 ducting remediation pursuant to a Good Samar6 itan permit shall not be subject to enforcement, 

7 civil or criminal penalties, citizen suits, or any 

8 other liability (including any liability for re9 sponse costs, natural resource damage, or con10 tribution) under the Federal Water Pollution 

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

12 under any law or regulation administered by a 

13 State or Indian tribe under that Act) or the 

14 Comprehensive Environmental Response, Com15 pensation, and Liability Act of 1980 (42 U.S.C. 

16 9601 et seq.) for any actions undertaken or for 

17 any past, present, or future releases, threats of 

18 releases, or discharges of hazardous substances, 

19 pollutants, or contaminants at or from the or20 phan mine site that is the subject of the Good 

21 Samaritan permit (including any releases, 

22 threats of releases, or discharges that occurred 

23 prior to the grant of the Good Samaritan per24 mit) during the term of the Good Samaritan 


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1 permit and after termination of the Good Sa2 maritan permit. 

3 (B) OTHER PARTIES.—Nothing in sub4 paragraph (A) limits the liability of any person 

5 that is not described in that subparagraph. 

6 (C) VIOLATION OF PERMIT PRIOR TO TER7 MINATION.—Notwithstanding subparagraph 

8 (A), if the Good Samaritan, passive landowner, 

9 or cooperating person violates the terms of the 

10 Good Samaritan permit and that violation re11 sults in surface water quality or other environ12 mental conditions that are worse than baseline 

13 conditions at the orphan mine site, the Admin14 istrator— 

15 (i) shall notify the Good Samaritan of 

16 the violation; and 

17 (ii) may require the Good Samaritan 

18 to undertake reasonable measures, as de19 termined by the Administrator, to return 

20 surface water quality or other environ21 mental conditions to the condition that ex22 isted prior to the violation. 

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

24 Good Samaritan shall notify all appropriate Federal, 

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1 viously unknown release of historic mine residue caused 

2 by the actions of the Good Samaritan, passive landowner, 

3 or any cooperating person in accordance with— 

4 (1) section 103 of the Comprehensive Environ5 mental Response, Compensation, and Liability Act 

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

7 (2) section 304 of the Emergency Planning and 

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

9 11004); 

10 (3) the Federal Water Pollution Control Act 

11 (33 U.S.C. 1251 et seq.); 

12 (4) any other applicable provision of Federal 

13 law; and 

14 (5) any other applicable provision of State, 

15 Tribal, or local law. 

16 (p) GRANT ELIGIBILITY.—A remediation project con17 ducted under a Good Samaritan permit shall be eligible 

18 for funding pursuant to— 

19 (1) section 319 of the Federal Water Pollution 

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

21 (2) section 104(k) of the Comprehensive Envi22 ronmental Response, Compensation, and Liability 

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

24 (q) EMERGENCY AUTHORITY AND LIABILITY.— 


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1 (1) EMERGENCY AUTHORITY.—Nothing in this 

2 section affects the authority of— 

3 (A) the Administrator to take any respon4 sive action authorized by law; or 

5 (B) a Federal, State, Tribal, or local agen6 cy to carry out any emergency authority, in7 cluding an emergency authority provided under 

8 Federal, State, Tribal, or local law. 

9 (2) LIABILITY.—Except as specifically provided 

10 in this Act, nothing in this Act or a Good Samaritan 

11 permit limits the liability of any person (including a 

12 Good Samaritan or any cooperating person) under 

13 any provision of law. 

14 (r) TERMINATION OF AUTHORITY.— 

15 (1) TERMINATION.— 

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

17 subparagraph (B), the authority to grant Good 

18 Samaritan permits pursuant to this Act shall 

19 terminate on the date that is 7 years after the 

20 date of enactment of this Act. 

21 (B) EXCEPTION.—Notwithstanding sub22 paragraph (A), the Administrator may grant a 

23 Good Samaritan permit pursuant to this Act 

24 after the date identified in subparagraph (A) if 


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1 the application for the Good Samaritan per2 mit— 

3 (i) was submitted not later than 180 

4 days before that date; and 

5 (ii) was completed in accordance with 

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

7 after the date of enactment of this Act. 

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

9 Samaritan permit granted by the deadline prescribed 

10 in subparagraph (A) or (B) of paragraph (1), as ap11 plicable, that is in effect on the date that is 7 years 

12 after the date of enactment of this Act shall remain 

13 in effect after that date in accordance with— 

14 (A) the terms and conditions of the Good 

15 Samaritan permit; and 

16 (B) this Act. 

17 (3) TERMINATION OF PERMIT.— 

18 (A) IN GENERAL.—A Good Samaritan per19 mit shall terminate, as applicable— 

20 (i) on inspection and notice from the 

21 Administrator to the recipient of the Good 

22 Samaritan permit that the permitted work 

23 has been completed in accordance with the 

24 terms of the Good Samaritan permit, as 

25 determined by the Administrator; 


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1 (ii) if the Administrator terminates a 

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

3 (iii) except as provided in subpara4 graph (B)— 

5 (I) on the date that is 18 months 

6 after the date on which the Adminis7 trator granted the Good Samaritan 

8 permit, if the permitted work has not 

9 commenced by that date; or 

10 (II) if the grant of the Good Sa11 maritan permit was the subject of a 

12 petition for judicial review, on the 

13 date that is 18 months after the date 

14 on which the judicial review, including 

15 any appeals, has concluded, if the per16 mitted work has not commenced by 

17 that date. 

18 (B) EXTENSION.— 

19 (i) IN GENERAL.—If the Adminis20 trator is otherwise required to terminate a 

21 Good Samaritan permit under subpara22 graph (A)(iii), the Administrator may 

23 grant an extension of the Good Samaritan 

24 permit. 


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1 (ii) LIMITATION.—Any extension 

2 granted under clause (i) shall be not more 

3 than 180 days for each extension. 

4 (4) UNFORESEEN CIRCUMSTANCES.— 

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

6 Samaritan permit or investigative sampling per7 mit may seek to modify or terminate the Good 

8 Samaritan permit or investigative sampling per9 mit to take into account any event or condition 

10 that— 

11 (i) significantly reduces the feasibility 

12 or significantly increases the cost of com13 pleting the remediation project that is the 

14 subject of the Good Samaritan permit or 

15 investigative sampling permit; 

16 (ii) was not— 

17 (I) reasonably contemplated by 

18 the recipient of the permit; or 

19 (II) taken into account in the re20 mediation plan of the recipient of the 

21 permit; and 

22 (iii) is beyond the control of the re23 cipient of the permit, as determined by the 

24 Administrator. 

25 (B) TERMINATION.— 


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1 (i) IN GENERAL.—Subject to sub2 section (n)(3), the Administrator shall ter3 minate a Good Samaritan permit or inves4 tigative sampling permit if— 

5 (I) the recipient of the permit 

6 seeks termination of the permit under 

7 subparagraph (A); 

8 (II) the factors described in sub9 paragraph (A) are satisfied; and 

10 (III) the Administrator deter11 mines that remediation activities con12 ducted by the Good Samaritan or per13 son pursuant to the Good Samaritan 

14 permit or investigative sampling per15 mit, respectively, may result in sur16 face water quality conditions, or any 

17 other environmental conditions, that 

18 will be worse than the baseline condi19 tions, as described in subsection 

20 (c)(6), as applicable. 

21 (ii) EFFECT OF TERMINATION.—Not22 withstanding the termination of a Good 

23 Samaritan permit or investigative sampling 

24 permit under clause (i), the provisions of 

25 paragraphs (1), (2), and (3) of subsection 


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1 (n) shall continue to apply to the Good Sa2 maritan, the recipient of an investigative 

3 sampling permit, and any cooperating per4 sons after the termination. 

5 (5) LONG-TERM OPERATIONS AND MAINTE6 NANCE.—In the case of a project that involves long7 term operations and maintenance at an orphan mine 

8 site located on land owned by the United States, the 

9 project may be considered complete and the Admin10 istrator may terminate the Good Samaritan permit 

11 under this subsection if the applicable Good Samari12 tan has entered into an agreement with the applica13 ble Federal land management agency or a cooper14 ating person for the long-term operations and main15 tenance that includes sufficient funding for the long16 term operations and maintenance. 

17 (s) REGULATIONS.— 

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

19 not later than 1 year after the date of enactment of 

20 this Act, the Administrator, in consultation with the 

21 Secretary of the Interior and the Secretary of Agri22 culture, and appropriate State, Tribal, and local offi23 cials, shall promulgate regulations to establish— 

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


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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 each Federal land management agency that 

17 authorizes a Good Samaritan to conduct a project on Fed18 eral land under the jurisdiction of that Federal land man19 agement agency under a Good Samaritan permit. 

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

21 (1) amounts provided in appropriation Acts; 

22 (2) any reimbursements for the costs of over23 sight received under section 4(f)(5)(B)(ii); 


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1 (3) any financial assurance funds collected from 

2 an agreement described in section 

3 4(m)(1)(A)(vi)(V)(bb); 

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

5 and maintenance under an agreement under section 

6 4(r)(5); 

7 (5) any interest earned under an investment 

8 under subsection (c); and 

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

10 investments held in the Fund. 

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

12 currently needed to carry out this Act shall be— 

13 (1) maintained as readily available or on de14 posit; 

15 (2) invested in obligations of the United States 

16 or guaranteed by the United States; or 

17 (3) invested in obligations, participations, or 

18 other instruments that are lawful investments for a 

19 fiduciary, a trust, or public funds. 

20 (d) RETAIN AND USE AUTHORITY.—Each head of a 

21 Federal land management agency, as appropriate, may, 

22 notwithstanding any other provision of law, retain and use 

23 money deposited in the applicable Fund without fiscal year 

24 limitation for the purpose of carrying out this Act. 


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1 (e) LIMITATION.—Amounts in each Fund may only 

2 be used for the Good Samaritan project for which the 

3 funds were deposited. 

4 SEC. 6. REPORT TO CONGRESS. 

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

6 date of enactment of this Act, the Administrator, in con7 sultation with the heads of Federal land management 

8 agencies, shall submit to the Committee on Environment 

9 and Public Works of the Senate and the Committees on 

10 Transportation and Infrastructure, Energy and Com11 merce, and Natural Resources of the House of Represent12 atives a report evaluating the Good Samaritan pilot pro13 gram under this Act. 

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

15 shall include— 

16 (1) a description of— 

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

18 Good Samaritan permits granted pursuant to 

19 this Act; and 

20 (B) each remediation project authorized by 

21 those Good Samaritan permits; 

22 (2) qualitative and quantitative data on the re23 sults achieved under the Good Samaritan permits 

24 before the date of issuance of the report; 

25 (3) a description of— 


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1 (A) any problems encountered in admin2 istering this Act; and 

3 (B) whether the problems have been or can 

4 be remedied by administrative action (including 

5 amendments to existing law); 

6 (4) a description of progress made in achieving 

7 the purposes of this Act; and 

8 (5) recommendations on whether the Good Sa9 maritan pilot program under this Act should be con10 tinued, including a description of any modifications 

11 (including amendments to existing law) required to 

12 continue administering this Act. 

Æ 


pbinns on DSK79D2C42PROD with BILLS