I 

108TH CONGRESS 

1ST SESSION H. R. 504

To provide for the reclamation of abandoned hardrock mines, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 29, 2003

Mr. UDALL of Colorado introduced the following bill; which was referred to 

the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, 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 provide for the reclamation 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, FINDINGS, AND PURPOSE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Abandoned Hardrock Mines Reclamation Act’’. 

6 (b) FINDINGS.—The Congress finds that: 

7 (1) Through various laws and policies, including 

8 the Act of May 10, 1872 (commonly known as the 

9 General Mining Law of 1872; 30 U.S.C. 22 et seq.), 
2

•HR 504 IH 

1 the Federal Government has encouraged the develop2 ment of gold, silver, and other mineral resources, es3 pecially in the western States, and development of 

4 these resources has helped create a strong economy 

5 and provided needed materials for many critical 

6 products and services. 

7 (2) However, historically mining activities have 

8 occurred in recurrent cycles of ‘‘boom’’ followed by 

9 ‘‘bust’’, with many mines left inactive or abandoned 

10 at the end of each cycle. 

11 (3) As a result of this history, the United 

12 States has been left an unwelcome legacy of inactive 

13 or abandoned mines, including thousands of such 

14 mines in the western States. 

15 (4) Many of these inactive or abandoned mines 

16 pose safety hazards to the public, and the drainage 

17 and runoff from such mines has damaged thousands 

18 of stream miles to the detriment of water quality, 

19 particularly in several western States. 

20 (5) The environmental cleanup of these inactive 

21 or abandoned mines is hampered by lack of funding 

22 and concerns about liability. In many cases, a re23 sponsible party for the mine site cannot be identified 

24 or the responsible party lacks the economic resources 

25 to respond to the adverse environmental effects of a 
3

•HR 504 IH 

1 site. Federal and State agencies and Indian tribes 

2 are often unable to afford to make cleanup of these 

3 mine sites a high priority. Other parties have been 

4 reluctant to undertake remedial actions of such a 

5 mine site because of the possibility that they would 

6 be considered to have assumed liability with regard 

7 to the site. 

8 (6) It is in the national interest to facilitate the 

9 cleanup of inactive or abandoned mines through ap10 propriate legislation that reduces these obstacles. 

11 (c) PURPOSE.—The purpose of this Act is to facili12 tate cleanup of inactive and abandoned mine sites by es13 tablishing a source of funding for that purpose and by lim14 iting the potential liability of parties undertaking to carry 

15 out such cleanup. 

16 (d) SCOPE.—Nothing in this Act is intended to facili17 tate new mining activities or any reduction in liability as18 sociated with any current or new mining or processing ac19 tivities. 

20 TITLE I—FUNDING FOR 

21 ABANDONED MINE CLEANUPS 

22 SEC. 101. DEFINITIONS. 

23 In this title: 

24 (1) The term ‘‘gross proceeds’’ means the value 

25 of any extracted hardrock mineral that was—
4

•HR 504 IH 

1 (A) sold; 

2 (B) exchanged for any thing or service; 

3 (C) removed from the country in a form 

4 ready for use or sale; or 

5 (D) initially used in a manufacturing proc6 ess or in providing a service. 

7 (2) The term ‘‘net proceeds’’ means gross pro8 ceeds less the sum of the following deductions: 

9 (A) The actual cost of extracting the min10 eral. 

11 (B) The actual cost of transporting the 

12 mineral to the place or places of reduction, re13 fining, and sale. 

14 (C) The actual cost of reduction, refining, 

15 and sale. 

16 (D) The actual cost of marketing and de17 livering the mineral and the conversion of the 

18 mineral into money. 

19 (E) The actual cost of maintenance and re20 pairs of—

21 (i) all machinery, equipment, appa22 ratus, and facilities used in the mine; 

23 (ii) all milling, refining, smelting and 

24 reduction works, plants and facilities; and 
5

•HR 504 IH 

1 (iii) all facilities and equipment for 

2 transportation. 

3 (F) The actual cost of fire insurance on 

4 such machinery, equipment, apparatus, works, 

5 plants, and facilities. 

6 (G) Depreciation of the original capitalized 

7 cost of such machinery, equipment, apparatus, 

8 works, plants, and facilities. 

9 (H) All money expended for premiums for 

10 industrial insurance, and the actual cost of hos11 pital and medical attention and accident bene12 fits and group insurance for all employees. 

13 (I) The actual cost of developmental work 

14 in or about the mine or upon a group of mines 

15 when operated as a unit. 

16 (J) All royalties and severance taxes paid 

17 to the Federal Government or State govern18 ments. 

19 (3) The term ‘‘hardrock minerals’’ means any 

20 mineral other than a mineral that would be subject 

21 to disposition under any of the following laws if lo22 cated on land subject to the general mining laws: 

23 (A) The Mineral Leasing Act (30 U.S.C. 

24 181 et seq.).
6

•HR 504 IH 

1 (B) The Geothermal Steam Act of 1970 

2 (30 U.S.C. 1001 et seq.). 

3 (C) The Act of July 31, 1947, commonly 

4 known as the Materials Act of 1947 (30 U.S.C. 

5 601 et seq.). 

6 (D) The Mineral Leasing Act for Acquired 

7 Lands (30 U.S.C. 351 et seq.). 

8 (4) The term ‘‘Secretary’’ means the Secretary 

9 of the Interior. 

10 (5) The term ‘‘patented mining claim’’ means 

11 an interest in land which has been obtained pursu12 ant to sections 2325 and 2326 of the Revised Stat13 utes (30 U.S.C. 29 and 30) for vein or lode claims 

14 and sections 2329, 2330, 2331, and 2333 of the Re15 vised Statutes (30 U.S.C. 35, 36, and 37) for placer 

16 claims, or section 2337 of the Revised Statutes (30 

17 U.S.C. 42) for mill site claims. 

18 (6) The term ‘‘general mining laws’’ means 

19 those provisions of law that generally comprise chap20 ters 2, 12A, and 16, and sections 161 and 162, of 

21 title 30, United States Code. 

22 (7) The term ‘‘Fund’’ means the Abandoned 

23 Minerals Mine Reclamation Fund. 
7

•HR 504 IH 

1 SEC. 102. SOURCE OF REVENUES FOR ABANDONED MINE 

2 CLEANUP. 

3 (a) RECLAMATION FEE.—

4 (1) FEE IMPOSED.—Any person producing 

5 hardrock minerals from a mine within an 

6 unpatented mining claim or a mine on land that was 

7 patented under the general mining laws shall pay a 

8 reclamation fee to the Secretary under this section. 

9 (2) FEE AS PERCENTAGE OF NET PROCEEDS.—

10 The amount of the fee under this section shall be 

11 equal to a percentage of the net proceeds derived 

12 from the mine. The percentage shall be based upon 

13 the ratio of the net proceeds to the gross proceeds 

14 related to mineral production from the mine in ac15 cordance with the following table:

Net proceeds as percentage Rate of fee as percentage 

of gross proceeds of net proceeds 

Less than 10 ............................................................................ 2.00

10 or more but less than 18 .................................................... 2.50

18 or more but less than 26 .................................................... 3.00

26 or more but less than 34 .................................................... 3.50

34 or more but less than 42 .................................................... 4.00

42 or more but less than 50 .................................................... 4.50

50 or more ............................................................................... 5.00

16 (b) EXEMPTION.—Gross proceeds of less than 

17 $500,000 from minerals produced in any calendar year 

18 shall be exempt from the reclamation fee under this sec19 tion for that year if such proceeds are from one or more 

20 mines located in a single patented claim or on two or more 

21 contiguous patented claims. 
8

•HR 504 IH 

1 (c) PAYMENT.—The amount of all fees payable under 

2 this section for any calendar year shall be paid to the Sec3 retary within 60 days after the end of such year. 

4 (d) DEPOSIT OF REVENUES.—The Secretary shall 

5 deposit amounts received under subsection (c) in the 

6 Abandoned Minerals Mine Reclamation Fund. 

7 (e) RELATION TO STATE FEES.—Nothing in this Act 

8 shall be construed to require a reduction in, or otherwise 

9 affect, a similar fee provided for under State law. 

10 (f) REDUCTION OF FEES.—The Secretary shall re11 duce a fee required by this section by an amount equal 

12 to a royalty paid pursuant to an Act of Congress that pro13 vides for crediting to the Fund of royalties paid to the 

14 Secretary with respect to production of hardrock minerals. 

15 (g) EFFECTIVE DATE.—This section shall take effect 

16 with respect to hardrock minerals produced after Decem17 ber 31, 2002, except that subsection (f) shall take effect 

18 one year after the date of the enactment of the law de19 scribed in such subsection. 

20 SEC. 103. ABANDONED MINERALS MINE RECLAMATION 

21 FUND. 

22 (a) ESTABLISHMENT.—

23 (1) IN GENERAL.—There is established in the 

24 Treasury of the United States an interest-bearing 

25 fund to be known as the Abandoned Minerals Mine 
9

•HR 504 IH 

1 Reclamation Fund. The Fund shall be administered 

2 by the Secretary. 

3 (2) INVESTMENT.—The Secretary shall notify 

4 the Secretary of the Treasury as to what portion of 

5 the Fund is not, in the Secretary’s judgment, re6 quired to meet current withdrawals. The Secretary 

7 of the Treasury shall invest such portion of the 

8 Fund in public debt securities with maturities suit9 able for the needs of such Fund and bearing interest 

10 at rates determined by the Secretary of the Treas11 ury, taking into consideration current market yields 

12 on outstanding marketplace obligations of the 

13 United States of comparable maturities. The income 

14 on such investments shall be credited to, and form 

15 a part of, the Fund. 

16 (3) ADMINISTRATION.—The Secretary shall use 

17 the existing Federal program for abandoned mine 

18 reclamation authorized by title IV of the Surface 

19 Mining Control and Reclamation Act of 1977 (30 

20 U.S.C. 1231 et seq.) to administer the Fund and for 

21 making expenditures from the Fund. 

22 (b) USE AND OBJECTIVES OF THE FUND.—

23 (1) IN GENERAL.—Amounts in the Fund shall 

24 be available to the Secretary, without further appro25 priation and until expended, to perform or support 
10

•HR 504 IH 

1 reclamation and restoration activities affecting eligi2 ble areas, including any of the following: 

3 (A) Reclamation and restoration of aban4 doned surface mined areas. 

5 (B) Reclamation and restoration of aban6 doned milling and processing areas. 

7 (C) Sealing, filling, and grading abandoned 

8 deep mine entries. 

9 (D) Planting of land adversely affected by 

10 past mining to prevent erosion and sedimenta11 tion. 

12 (E) Prevention, abatement, treatment, and 

13 control of water pollution created by abandoned 

14 mine drainage. 

15 (F) Control of surface subsidence due to 

16 abandoned deep mines. 

17 (2) METHODS OF USE.—Subject to the special 

18 disbursement requirements of subsection (g), 

19 amounts in the Fund may be expended directly by 

20 the Secretary or by making grants to approved State 

21 reclamation programs, as described in subsection 

22 (d). The Secretary shall consult and coordinate with 

23 eligible States on those projects funded directly or in 

24 conjunction with other Federal agencies.
11

•HR 504 IH 

1 (c) ELIGIBLE AREAS.—Reclamation expenditures 

2 under this section shall be made only in States described 

3 in subsection (e) and shall be used only for the reclamation 

4 of lands (and related waters)—

5 (1) that were, but are no longer, actively mined 

6 for hardrock minerals (and not in temporary shut7 down) as of the date of the enactment of this Act; 

8 (2) that are not identified for remedial action 

9 under the Comprehensive Environmental Response, 

10 Compensation, and Liability Act of 1980 (42 U.S.C. 

11 9601 et seq.) and for which there is no identifiable 

12 owner or operator for the mine or mine facilities; 

13 (3) that are not designated for remedial action 

14 pursuant to the Uranium Mill Tailings Radiation 

15 Control Act of 1978 (42 U.S.C. 7901 et seq.); and 

16 (4) for which no evidence exists that the lands 

17 contain minerals that economically could be ex18 tracted through the mining, reprocessing, or re19 mining of the lands. 

20 (d) ELIGIBLE STATES.—

21 (1) ELIGIBILITY REQUIREMENTS.—Except as 

22 provided in paragraph (2), expenditures from the 

23 Fund shall be made only for reclamation of lands 

24 and water in States that—
12

•HR 504 IH 

1 (A) contain lands subject to the general 

2 mining laws; and 

3 (B) have completed a statewide inventory 

4 of abandoned hardrock sites within the State el5 igible to receive funding under this Act. 

6 (2) INVENTORY FUNDING.—A State that con7 tains lands subject to the general mining laws, but 

8 that has not completed a statewide inventory as de9 scribed in paragraph (1)(B), may receive grants not 

10 exceeding $2,000,000 annually to assist in the com11 pletion of the required inventory. 

12 (3) APPROVED STATE RECLAMATION PRO13 GRAMS.—In the case of a State described in para14 graph (1), the Secretary may make expenditures 

15 from the Fund to the State for a State reclamation 

16 program that meets the requirements of section 405 

17 of the Surface Mining Control and Reclamation Act 

18 of 1977 (30 U.S.C. 1235) and is applicable to 

19 hardrock mining. 

20 (4) STATES WITHOUT APPROVED PROGRAMS.—

21 If a State described in paragraph (1) does not have 

22 an approved State program under section 405 of the 

23 Surface Mining Control and Reclamation Act of 

24 1977 (30 U.S.C. 1235) that is applicable to 

25 hardrock mining, the Secretary may provide funds to 
13

•HR 504 IH 

1 the State after the Secretary determines that the 

2 State has authority to implement a hardrock aban3 doned mine land program, and that State authority, 

4 at a minimum, includes the establishment of a State 

5 reclamation plan for abandoned hardrock mines and 

6 clear authorization for the administration and ex7 penditure of funds for eligible areas described in 

8 subsection (c). 

9 (e) PRIORITIES.—Expenditures from the Fund shall 

10 reflect the following priorities, in the following order of 

11 priority: 

12 (1) EXTREME DANGER.—Protection of public 

13 health, safety, general welfare, and property from 

14 extreme danger of adverse effects of past mining ac15 tivity. 

16 (2) ADVERSE EFFECTS.—Protection of public 

17 health, safety, general welfare, and property from 

18 the adverse effects of past mineral activity, including 

19 the restoration of land, water, and fish and wildlife 

20 resources degraded by the adverse effects of past 

21 mining activity. 

22 (f) ELIGIBLE REMEDIATING PARTIES.—The Sec23 retary may authorize expenditures from the Fund for re24 mediation activities conducted by a Federal agency or by 

25 remediating parties who are permittees under the aban-
14

•HR 504 IH 

1 doned or inactive mine land waste remediation permit pro2 gram, as provided for in section 402(r) of the Federal 

3 Water Pollution Control Act (33 U.S.C. 1342(r)). 

4 (g) SPECIAL DISBURSEMENT REQUIREMENTS.—

5 (1) SET-ASIDE.—Of the funds collected under 

6 section 102 with regard to a mine for a calendar 

7 year and deposited in the Fund—

8 (A) 25 percent shall be expended in the eli9 gible State in which the mine is located, pursu10 ant to an approved abandoned mine land rec11 lamation program under subsection (d)(3); and 

12 (B) 50 percent shall be expended in the eli13 gible States based on each eligible State’s per14 centage of the value of total national hardrock 

15 mineral production during the years 1900 

16 through 1980, which the Secretary shall deter17 mine using United States Geological Survey 

18 Minerals Yearbooks and published metal prices. 

19 (2) RELEASE.—If funds allocated pursuant to 

20 paragraph (1)(A) have not been expended within 

21 three years after collection, the Secretary shall make 

22 such funds available to other eligible States as deter23 mined appropriate by the Secretary.
15

•HR 504 IH 

1 TITLE II—GOOD SAMARITAN 

2 PERMITS FOR ABANDONED 

3 HARDROCK MINE CLEANUPS 

4 SEC. 201. ABANDONED OR INACTIVE MINED LAND WASTE 

5 REMEDIATION PERMITS. 

6 Section 402 of the Federal Water Pollution Control 

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

8 the following: 

9 ‘‘(r) ABANDONED OR INACTIVE MINED LAND WASTE

10 REMEDIATION PERMITS.—

11 ‘‘(1) DEFINITIONS.—In this subsection, the fol12 lowing definitions apply: 

13 ‘‘(A) IDENTIFIABLE OWNER OR OPER14 ATOR.—The term ‘identifiable owner or oper15 ator’ means a person or entity—

16 ‘‘(i) that is the current owner or oper17 ator or that is or was responsible for the 

18 activities at abandoned or inactive mined 

19 land that created conditions that cause or 

20 contribute to the discharge of pollutants 

21 from the abandoned or inactive mined 

22 land; and 

23 ‘‘(ii) that is financially capable of 

24 compliance with requirements of this sec25 tion and sections 301 and 302.
16

•HR 504 IH 

1 ‘‘(B) PERMIT.—The term ‘permit’ means 

2 an abandoned or inactive mined land waste re3 mediation permit described under paragraph 

4 (2). 

5 ‘‘(C) REMEDIATING PARTY.—The term ‘re6 mediating party’ means—

7 ‘‘(i) the United States, except with re8 spect to abandoned or inactive mined land 

9 located on Federal land; 

10 ‘‘(ii) a State or political subdivision 

11 thereof; or 

12 ‘‘(iii) an Indian tribe. 

13 ‘‘(D) COOPERATING PARTY.—The term 

14 ‘cooperating party’ means any person or entity, 

15 including the Federal Government with respect 

16 to abandoned or inactive mined land located on 

17 non-Federal land, that implements the practices 

18 described in paragraph (3)(B)(viii). 

19 ‘‘(2) PERMITS.—

20 ‘‘(A) IN GENERAL.—The Administrator, 

21 with the concurrence of the State in which an 

22 abandoned or inactive mine remediation project 

23 is proposed or the Indian tribe which owns or 

24 has jurisdiction over the land on which a reme25 diation project is proposed, may issue an aban-
17

•HR 504 IH 

1 doned or inactive mined land waste remediation 

2 permit to a remediating party for discharges as3 sociated with remediation activity at any eligible 

4 area under this subsection, that modifies the 

5 otherwise applicable requirements of any other 

6 subsection of this section and of sections 301 

7 and 302. 

8 ‘‘(B) DELEGATION.—The Administrator 

9 may delegate the authority for issuance of 

10 abandoned or inactive mined land waste rec11 lamation permits for discharges associated with 

12 remediation activities at any eligible area under 

13 this subsection to a State that is exercising del14 egated authority under this section. 

15 ‘‘(3) PERMIT PROCESS.—

16 ‘‘(A) SCOPE.—A remediating party may 

17 apply for a permit for remediation activities at 

18 abandoned or inactive mined land from which 

19 there is or may be a discharge of pollutants to 

20 waters of the United States. 

21 ‘‘(B) REMEDIATION PLAN.—A remediating 

22 party that seeks a permit shall submit an appli23 cation for the permit that includes a remedi24 ation plan that—
18

•HR 504 IH 

1 ‘‘(i) identifies the remediating party 

2 and any cooperating party with respect to 

3 the plan; 

4 ‘‘(ii) identifies the abandoned or inac5 tive mined land addressed by the plan, in6 cluding a verification that the land is eligi7 ble under this Act; 

8 ‘‘(iii) identifies the waters of the 

9 United States affected by past mining ac10 tivities at the abandoned or inactive mined 

11 land; 

12 ‘‘(iv) describes the baseline condition 

13 of the waters at the time of the permit ap14 plication (including the nature and extent 

15 of any adverse water quality impact and, 

16 as applicable, the levels of any pollutant 

17 causing the impact); 

18 ‘‘(v) describes the conditions at the 

19 abandoned or inactive mined land that are 

20 causing adverse water quality impacts; 

21 ‘‘(vi) describes the applicant’s reason22 able efforts to identify—

23 ‘‘(I) current owners, lessees, and 

24 claimants of the abandoned or inactive 
19

•HR 504 IH 

1 mined land addressed by the plan; 

2 and 

3 ‘‘(II) other persons, including 

4 mine operators, if any, whose activi5 ties at the abandoned or inactive 

6 mined land after October 18, 1972, 

7 created conditions that cause or con8 tribute to the discharge of pollutants 

9 from the abandoned or inactive mined 

10 land; 

11 ‘‘(vii) describes the remediation goals 

12 and objectives, including the pollutant or 

13 pollutants to be addressed by the plan, in14 cluding actions taken to meet the applica15 ble water quality standards to the max16 imum extent practicable, but in no cir17 cumstances worse than the baseline water 

18 condition as described pursuant to clause 

19 (iv); 

20 ‘‘(viii) describes the practices, includ21 ing a schedule and estimated completion 

22 date for implementing the practices, that 

23 are proposed to meet the applicable water 

24 quality standards to the maximum extent 

25 practicable, but in no circumstances worse 
20

•HR 504 IH 

1 than the baseline water quality as deter2 mined under clause (iv), including—

3 ‘‘(I) in the case of a new remedi4 ation project, the preliminary system 

5 design and construction, operation, 

6 and maintenance plans; and 

7 ‘‘(II) in the case of an existing 

8 remediation project, available system 

9 design and construction, operation, 

10 and maintenance plans and any 

11 planned improvements to the projects; 

12 ‘‘(ix) explains how the practices de13 scribed in clause (viii) are expected to re14 sult in the attainment of applicable water 

15 quality standards to the maximum extent 

16 practicable, but in no circumstances worse 

17 than the baseline water quality as deter18 mined under clause (iv); 

19 ‘‘(x) describes the monitoring or other 

20 forms of assessment that will be under21 taken to evaluate the success of the prac22 tices during and after implementation, rel23 ative to baseline conditions; 

24 ‘‘(xi) describes contingency plans, in25 cluding the practices to be implemented to
21

•HR 504 IH 

1 achieve the remediation goals and objec2 tives described in clause (vii), for respond3 ing to unplanned adverse events; 

4 ‘‘(xii) provides a schedule for periodic 

5 reporting on progress in implementing the 

6 plan; 

7 ‘‘(xiii) provides a budget for the plan 

8 and identifies the funding sources that will 

9 support the implementation of the plan, in10 cluding practices described in clauses (viii), 

11 (x), and (xi); 

12 ‘‘(xiv) describes the applicant’s legal 

13 authority to enter and conduct activities at 

14 the abandoned or inactive mined land ad15 dressed by the plan; 

16 ‘‘(xv) demonstrates that there is a 

17 covenant obligating future landowners to 

18 operate and maintain the property so that 

19 all environmental benefits of the project 

20 authorized by the permit will be fully real21 ized; 

22 ‘‘(xvi) contains any other additional 

23 information requested by the Adminis24 trator to clarify the plan and the activities 

25 covered by the plan; and 
22

•HR 504 IH 

1 ‘‘(xvii) is signed by the applicant. 

2 ‘‘(C) REVIEW OF APPLICATION.—

3 ‘‘(i) The Administrator or the dele4 gated State shall—

5 ‘‘(I) review each application for 

6 an abandoned or inactive mined land 

7 waste remediation permit; 

8 ‘‘(II) provide to the public notice 

9 of and reasonable opportunity to com10 ment on the application; 

11 ‘‘(III) provide an opportunity for 

12 a public hearing on the application; 

13 and 

14 ‘‘(IV) determine whether the ap15 plication meets the requirements of 

16 subparagraph (B). 

17 ‘‘(ii) If the Administrator or the dele18 gated State determines that an application 

19 does not meet the requirements of sub20 paragraph (B), the Administrator or the 

21 delegated State shall—

22 ‘‘(I) notify the applicant that the 

23 application is disapproved and explain 

24 the reasons for the disapproval; and 
23

•HR 504 IH 

1 ‘‘(II) allow the applicant to sub2 mit a revised application. 

3 ‘‘(iii) If the Administrator or the dele4 gated State determines that an application 

5 meets the requirements of subparagraph 

6 (B), the Administrator or the delegated 

7 State shall notify the applicant that the 

8 application is accepted. 

9 ‘‘(D) ISSUANCE.—

10 ‘‘(i) After notice and opportunity for 

11 public comment on a permit proposed to be 

12 issued, including any additional require13 ments that the Administrator or the dele14 gated State determines would facilitate im15 plementation of this subsection, the Ad16 ministrator or the delegated State may 

17 issue an abandoned or inactive mined land 

18 waste remediation permit to the applicant 

19 if the Administrator or the delegated State 

20 determines that—

21 ‘‘(I) relative to the resources 

22 available to the remediating party for 

23 the proposed remediation activity, the 

24 remediating party has made a reason-
24

•HR 504 IH 

1 able effort to identify persons under 

2 subparagraph (B)(vi); 

3 ‘‘(II) no identifiable owner or op4 erator exists, except a permit can be 

5 issued on Federal land where the only 

6 identifiable owner or operator is the 

7 Federal Government; and 

8 ‘‘(III) the remediation plan dem9 onstrates with reasonable certainty 

10 that the implementation of the plan 

11 will meet applicable water quality 

12 standards to the maximum extent 

13 practicable, but in no circumstances 

14 worse than the baseline water condi15 tion as described pursuant to subpara16 graph (B)(iv), taking into consider17 ation the resources available to the re18 mediating party for the proposed re19 mediation activity. 

20 ‘‘(ii) If the Administrator or the dele21 gated State decides not to issue an aban22 doned or inactive mined land waste remedi23 ation permit to the applicant, the Adminis24 trator shall notify the applicant of the rea25 sons for not issuing the permit. 
25

•HR 504 IH 

1 ‘‘(E) MODIFICATION.—

2 ‘‘(i) Not later than 120 days after the 

3 receipt of a written request by a permittee, 

4 the Administrator or the delegated State 

5 shall approve or disapprove a modification 

6 of a permit. 

7 ‘‘(ii) A permit modification approved 

8 by the Administrator or the delegated 

9 State under this subsection shall be—

10 ‘‘(I) by agreement of the per11 mittee and the Administrator or the 

12 delegated State; 

13 ‘‘(II) after providing the public 

14 notice of, and opportunity for com15 ment and a hearing on, a proposed 

16 modification of a permit; 

17 ‘‘(III) in accordance with the 

18 standards in subparagraph 

19 (D)(i)(III); and 

20 ‘‘(IV) immediately reflected in 

21 and applicable to the remediation per22 mit. 

23 ‘‘(4) CONTENTS OF PERMIT.—

24 ‘‘(A) IN GENERAL.—A permit—
26

•HR 504 IH 

1 ‘‘(i) shall include a remediation plan 

2 approved by the Administrator or the dele3 gated State and any additional require4 ments that the Administrator or the dele5 gated State establishes under paragraph 

6 (9); and 

7 ‘‘(ii) shall provide for compliance with 

8 and implementation of the remediation 

9 plan and any other requirements described 

10 under clause (i). 

11 ‘‘(B) REVIEW.—A permit shall establish a 

12 schedule for review, by the Administrator or the 

13 delegated State, of compliance with the condi14 tions and limitations of the permit. The Admin15 istration or the delegated State shall inspect 

16 each site subject to a remediation permit at 

17 least annually. 

18 ‘‘(C) COMPLIANCE WITH OTHER LIMITA19 TIONS.—A permit shall require the remediating 

20 party to comply with any applicable provisions 

21 of this subsection and other subsections of this 

22 section and with sections 301 or 302 to the 

23 maximum extent practicable in a manner speci24 fied in the permit. 
27

•HR 504 IH 

1 ‘‘(5) FAILURE TO COMPLY.—Failure of a reme2 diating party operating under an approved permit to 

3 comply with any condition or limit of the permit re4 lated to water quality shall be considered a violation 

5 subject to enforcement pursuant to sections 309 and 

6 505 of this Act. 

7 ‘‘(6) TERMINATION.—

8 ‘‘(A) IN GENERAL.—The Administrator or 

9 the delegated State shall terminate a permit 

10 if—

11 ‘‘(i) the remediating party successfully 

12 completes the implementation of the reme13 diation plan; or 

14 ‘‘(ii) the discharges covered by the 

15 permit—

16 ‘‘(I) become subject to a permit 

17 issued under the other subsections of 

18 this section for development that is 

19 not part of the implementation of the 

20 remediation plan; and 

21 ‘‘(II) the remediating party seek22 ing termination of coverage, and any 

23 party cooperating with the remedi24 ating party with respect to the plan, 
28

•HR 504 IH 

1 is not a participant in the develop2 ment. 

3 ‘‘(B) UNFORESEEN CONDITION.—The Ad4 ministrator or the delegated State shall termi5 nate a permit if—

6 ‘‘(i) an event or condition is encoun7 tered that was not contemplated or de8 signed for by the remediation plan and is 

9 beyond the control of the remediating 

10 party; and 

11 ‘‘(ii) the Administrator or the dele12 gated State determines that remediation 

13 activities under the permit have resulted in 

14 surface water quality conditions, taken as 

15 a whole and with reference to the des16 ignated uses of the waters, that are not 

17 worse than the baseline water condition as 

18 described pursuant to paragraph 

19 (3)(B)(iv). 

20 ‘‘(C) NO ENFORCEMENT LIABILITY.—

21 ‘‘(i) Subject to clause (ii), if a permit 

22 is terminated under subparagraph (A) or 

23 (B), the remediating party, or a cooper24 ating party with respect to the plan, shall 

25 not be subject to enforcement under sec-
29

•HR 504 IH 

1 tion 309 or 505 for any remaining dis2 charges from the abandoned or inactive 

3 mined land described in the permit. 

4 ‘‘(ii) This subparagraph does not limit 

5 any liability of any person, other than the 

6 remediating party or a cooperating party. 

7 ‘‘(7) LIMITATIONS.—

8 ‘‘(A) EMERGENCY POWERS.—Nothing in 

9 this subsection limits the authority of the Ad10 ministrator under section 504. 

11 ‘‘(B) PRIOR VIOLATIONS.—

12 ‘‘(i) Nothing in this subsection pre13 cludes actions under section 309 or 505 or 

14 affects the relief available in actions under 

15 those sections, with respect to violations of 

16 this section, or sections 301(a) or 302, 

17 that occurred prior to the issuance of a 

18 permit under this subsection. 

19 ‘‘(ii) If a permit covers remediation 

20 activities implemented by the permit holder 

21 prior to the issuance of the permit, clause 

22 (i) shall not apply to an action that is 

23 based on conditions resulting from those 

24 remediation activities.
30

•HR 504 IH 

1 ‘‘(C) OBLIGATION OF STATES AND INDIAN

2 TRIBES.—Except as expressly provided, nothing 

3 in this subsection limits any obligation of a 

4 State or Indian tribe under section 303. 

5 ‘‘(D) OTHER DEVELOPMENT.—Any devel6 opment of abandoned or inactive mined land 

7 (including mineral exploration, processing, 

8 beneficiation, or mining), including development 

9 by a remediating party or any cooperating 

10 party with respect to the plan, not specifically 

11 described in a permit issued by the Adminis12 trator or the delegated State under this sub13 section shall be subject to this Act (other than 

14 this subsection). The commingling of any other 

15 discharges or waters with the discharges or wa16 ters subject to the remediation permit cannot 

17 limit or reduce the liability of persons associ18 ated with the other waters or discharges. 

19 ‘‘(E) RECOVERABLE VALUE.—A remedi20 ating party may sell or use materials recovered 

21 during the implementation of the plan, but the 

22 proceeds of any such sale must be used to de23 fray the costs of remediation of the site ad24 dressed in the permit or the costs of remedi-
31

•HR 504 IH 

1 ation of other abandoned or inactive sites used 

2 for mining hardrock minerals. 

3 ‘‘(F) STATE CERTIFICATION.—In so far as 

4 this subsection may relate to water quality 

5 standards, section 401 certification shall not 

6 apply to permits under this section; except that, 

7 in any case in which section 401 certification 

8 would otherwise be required, no permit shall be 

9 issued under this subsection without the con10 currence of the State in which the discharge is 

11 located. 

12 ‘‘(8) LIABILITY OF OTHER PARTIES.—Nothing 

13 in this subsection, including any result caused by 

14 any action taken by the remediating party or a co15 operating party, limits the liability of any person 

16 other than the remediating party or a cooperating 

17 party, under this Act or any other law. 

18 ‘‘(9) REGULATIONS.—

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), not later than 1 year after 

21 the date of enactment of this subsection, the 

22 Administrator, in consultation with Secretary of 

23 the Interior and the Secretary of Agriculture 

24 and State, tribal, and local officials and after 

25 providing the public with notice of, and oppor-
32

•HR 504 IH 

1 tunity for comment and a hearing on, regula2 tions proposed to be promulgated, shall promul3 gate regulations establishing generally applica4 ble requirements for—

5 ‘‘(i) remediation plans described in 

6 paragraph (3)(B); and 

7 ‘‘(ii) as considered to be necessary by 

8 the Administrator, other paragraphs of 

9 this subsection. 

10 ‘‘(B) SPECIFIC REQUIREMENTS BEFORE

11 PROMULGATION OF REGULATIONS.—Before pro12 mulgation of regulation pursuant to subpara13 graph (A), the Administrator may establish, on 

14 a case-by-case basis, after notice and oppor15 tunity for public comment, specific require16 ments that the Administrator determines would 

17 facilitate implementation of this subsection in 

18 an individual permit issued to the remediating 

19 party. 

20 ‘‘(10) FUNDING.—Implementation of a remedi21 ation plan under a permit issued under this sub22 section shall be eligible for grants under section 

23 319(h). 

24 ‘‘(11) REPORT.—
33

•HR 504 IH 

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

2 before the date of the termination of permitting 

3 authority specified in paragraph (12), the Ad4 ministrator shall submit to Congress a report 

5 on the activities authorized by this subsection. 

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

7 under subparagraph (A), at a minimum, shall—

8 ‘‘(i) identify each permit, and associ9 ated remediating party, issued under this 

10 subsection; 

11 ‘‘(ii) identify the abandoned or inac12 tive mine land addressed by each permit 

13 (including the waterbodies and baseline 

14 water quality of the waterbodies affected 

15 by the land); 

16 ‘‘(iii) summarize the remediation plan 

17 associated with each permit issued under 

18 this subsection, including—

19 ‘‘(I) the goals and objectives of 

20 the plan; 

21 ‘‘(II) the plan budget; and 

22 ‘‘(III) the practices to be em23 ployed according to the plan to re24 duce, control, mitigate, or eliminate 

25 adverse water quality impacts;
34

•HR 504 IH 

1 ‘‘(iv) identify the status of the 

2 implementation of each remediation 

3 plan associated with each permit 

4 issued under this subsection (includ5 ing specific progress that permitted 

6 remediation activities have made to7 ward achieving the goals and objec8 tives of the remediation plan); 

9 ‘‘(v) identify and describe any en10 forcement action taken by the Admin11 istrator or any civil action brought by 

12 a citizen concerning a permit issued 

13 under this section (including the dis14 position of the legal action); and 

15 ‘‘(vi) include recommendations by 

16 the Administrator for any modifica17 tions to this subsection, or the regula18 tions promulgated under paragraph 

19 (9) to implement this subsection, that 

20 would facilitate the improvement of 

21 water quality through the remediation 

22 of abandoned or inactive mined land. 

23 ‘‘(12) TERMINATION OF PERMITTING AUTHOR24 ITY.—The authority granted to the Administrator or 

25 the delegated State under this subsection to issue an 
35

•HR 504 IH 

1 abandoned or inactive mined land waste remediation 

2 permit terminates on the date that is 10 years after 

3 the date of enactment of this subsection. 

4 ‘‘(13) ELIGIBLE AREAS.—

5 ‘‘(A) SITES.—Permits under this sub6 section shall be issued only for reclamation of 

7 lands and waters—

8 ‘‘(i) located in States that include 

9 lands subject to the general mining laws; 

10 ‘‘(ii) that were but are no longer ac11 tively mined for hardrock minerals (and 

12 not in temporary shutdown) as of the date 

13 of enactment of this subsection; and 

14 ‘‘(iii) that are not identified for reme15 dial action under the Comprehensive Envi16 ronmental Response, Compensation, and 

17 Liability Act of 1980 (42 U.S.C. 9601 et 

18 seq.) and for which there is no identifiable 

19 owner or operator for the mine or mine fa20 cilities; 

21 ‘‘(iv) that are not designated for re22 medial action pursuant to the Uranium 

23 Mill Tailings Radiation Control Act of 

24 1978 (42 U.S.C. 7901 et seq.); and 
36

•HR 504 IH 

1 ‘‘(v) for which no evidence exists that 

2 the lands contain minerals which could 

3 economically be extracted through the min4 ing, reprocessing, or remining of such 

5 lands. 

6 ‘‘(B) DEFINITIONS.—In this paragraph, 

7 the following definitions apply: 

8 ‘‘(i) The term ‘hardrock minerals’ 

9 means any mineral other than a mineral 

10 that would be subject to any of the fol11 lowing if located on land subject to the 

12 general mining laws: 

13 ‘‘(I) The Mineral Leasing Act 

14 (30 U.S.C. 181 et seq.). 

15 ‘‘(II) The Geothermal Steam Act 

16 of 1970 (30 U.S.C. 100 et seq.). 

17 ‘‘(III) The Act of July 31, 1947, 

18 commonly known as the Materials Act 

19 of 1947 (30 U.S.C. 601 et seq.). 

20 ‘‘(IV) The Mineral Leasing Act 

21 for Acquired Lands (30 U.S.C. 351 et 

22 seq.). 

23 ‘‘(ii) The term ‘general mining laws’ 

24 means those provisions of law that gen25 erally comprise chapters 2, 12A, and 16 
37

•HR 504 IH 

1 and sections 161 and 162 of title 30, 

2 United States Code.’’.

Æ