I 

111TH CONGRESS 

1ST SESSION H. R. 3203 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2009 

Mr. LAMBORN (for himself and Mr. BISHOP of Utah) introduced the following 

bill; which was referred to the Committee on Energy and Commerce, and 

in addition to the Committees on Transportation and Infrastructure 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 inactive and abandoned mines, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cleanup of Inactive 

5 and Abandoned Mines Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 


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1 (1) the Federal Government and State govern2 ments encouraged hard rock mining in the United 

3 States through a wide variety of laws, policies, and 

4 actions; 

5 (2) mining operations produce metals and min6 erals with important social benefits and values; 

7 (3) many areas in which historic mining took 

8 place in the United States are now inactive and 

9 abandoned mine sites; 

10 (4) the mining activities that took place prior to 

11 the enactment of modern environmental laws often 

12 disturbed public and private land, and those disturb13 ances led to environmental pollution, including the 

14 discharge of pollutants to surface water and ground15 water; 

16 (5) many of the individuals and corporate own17 ers and operators of those mines, the actions of 

18 which caused that pollution, are no longer alive or 

19 in existence; 

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

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

23 (7) unabated discharges from inactive and 

24 abandoned mines will continue to pollute surface 

25 water, groundwater, and soils; 


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

4 water, agriculture, and other public purposes; 

5 (9) because some of the remaining owners and 

6 operators of mine sites do not have resources that 

7 are adequate to conduct remediation properly under 

8 applicable environmental laws, for all practical pur9 poses, no person is responsible for the cleanup of 

10 pollution from those sites; 

11 (10) from time to time, individuals and compa12 nies are willing to remediate historic mine sites for 

13 the public good as Good Samaritans, despite the fact 

14 that those individuals and companies are not legally 

15 required to remediate the mine sites; 

16 (11) Good Samaritan remediation activities 

17 may— 

18 (A) vary in size and complexity; 

19 (B) reflect the myriad methods in which 

20 mine residue may be cleaned up; and 

21 (C) include, among other activities— 

22 (i) the relocation or management of 

23 tailings or other waste piles; 

24 (ii) passive or active water treatment; 

25 (iii) runoff or run-on controls; and 


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1 (iv) the use or reprocessing of, or re2 moval of materials from, mine residue; 

3 (12) the potential environmental liabilities that 

4 may attach to Good Samaritans as a result of the 

5 remediation can dissuade potential Good Samaritans 

6 from acting for the public good; 

7 (13) it is in the interest of the United States, 

8 the States, and local communities to remediate his9 toric mine sites, in appropriate circumstances and to 

10 the maximum extent practicable, so that detrimental 

11 environmental impacts of the sites are lessened in 

12 the future; and 

13 (14) if appropriate protections are provided for 

14 Good Samaritans, Good Samaritans will have a 

15 greater incentive to remediate those sites for the 

16 public good. 

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

18 (1) to encourage partial or complete remedi19 ation of inactive and abandoned mine sites for the 

20 public good by persons that are not otherwise legally 

21 responsible for the remediation; 

22 (2) to provide appropriate protections for Good 

23 Samaritans under applicable environmental laws; 


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1 (3) to ensure that remediation performed by 

2 Good Samaritans creates actual and significant envi3 ronmental benefits; 

4 (4) to ensure that remediation by Good Samari5 tans is carried out— 

6 (A) with the approval and agreement, and 

7 in the discretion, of affected Federal, State, and 

8 local authorities and with review by the public; 

9 and 

10 (B) in a manner that is beneficial to the 

11 environment and all affected communities; 

12 (5) to create an efficient permit process under 

13 which the cost and complexity of obtaining a permit 

14 are commensurate with the scope of remediation 

15 work to be completed and the environmental benefits 

16 from the work; 

17 (6) to avoid permitting for ongoing, for-profit 

18 businesses that specialize in multiple Good Samari19 tan projects that are designed to be permitted out20 side otherwise applicable Federal, State, and local 

21 environmental laws; 

22 (7) to ensure that the protections for Good Sa23 maritans provided in this Act are interpreted in ac24 cordance with the purposes of this Act and to en25 hance the public good; and 


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1 (8) to further innovation and cooperation 

2 among the Federal Government, State governments, 

3 private individuals, and corporations to accelerate 

4 conservation and environmental restoration. 

5 SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES 

6 BY GOOD SAMARITANS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

11 (2) COOPERATING AGENCY.—The term ‘‘cooper12 ating agency’’ means any Federal, State, tribal, or 

13 local agency or other person (other than the Admin14 istrator) that— 

15 (A) is authorized under Federal or State 

16 law, tribal, or local ordinance, to participate in 

17 issuing a permit under this section; and 

18 (B) elects to participate in the process of 

19 issuing the permit. 

20 (3) ENVIRONMENTAL LAW.—The term ‘‘envi21 ronmental law’’ includes— 

22 (A) the Toxic Substances Control Act (15 

23 U.S.C. 2601 et seq.); 

24 (B) the Federal Water Pollution Control 

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


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1 (C) the Solid Waste Disposal Act (42 

2 U.S.C. 6901 et seq.); 

3 (D) the Comprehensive Environmental Re4 sponse, Compensation, and Liability Act of 

5 1980 (42 U.S.C. 9601 et seq.); 

6 (E) applicable environmental laws of a 

7 State or Indian tribe; and 

8 (F) applicable environmental ordinances of 

9 a political subdivision of a State or Indian tribe. 

10 (4) GOOD SAMARITAN.—The term ‘‘Good Sa11 maritan’’ means a person that, with respect to his12 toric mine residue— 

13 (A) had no role in the creation of the his14 toric mine residue; 

15 (B) had no role in creating the environ16 mental pollution caused by the historic mine 

17 residue; and 

18 (C) is not liable under any Federal, State, 

19 tribal, or local law for the remediation of the 

20 historic mine residue. 

21 (5) HISTORIC MINE RESIDUE.— 

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

23 mine residue’’ means mine residue or conditions 

24 at an inactive or abandoned mine site that pol25 lute the environment. 


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

2 mine residue’’ includes, among other mate3 rials— 

4 (i) previously mined ores and minerals 

5 that directly contribute to acid mine drain6 age or other pollution; 

7 (ii) equipment (or materials in equip8 ment); 

9 (iii) wastes or materials from extrac10 tions, beneficiation, or other processing; 

11 and 

12 (iv) acidic or otherwise polluted flows 

13 in surface water or groundwater. 

14 (6) INACTIVE OR ABANDONED MINE SITE; MINE

15 SITE.—The terms ‘‘inactive or abandoned mine site’’ 

16 and ‘‘mine site’’ mean the site of a mine and associ17 ated facilities that— 

18 (A) were used for the production of a min19 eral other than coal; 

20 (B) have historic mine residue; and 

21 (C) are abandoned or inactive as of the 

22 date on which an application is submitted for a 

23 permit under this section. 

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

25 has the meaning given the term in section 4 of the 


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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b). 

3 (8) PERMITTING AUTHORITY.—The term ‘‘per4 mitting authority’’ means— 

5 (A) the Administrator; or 

6 (B) a State or Indian tribe with a Good 

7 Samaritan program approved under subsection 

8 (d). 

9 (9) PERSON.—The term ‘‘person’’ includes— 

10 (A) an individual; 

11 (B) a firm; 

12 (C) a corporation; 

13 (D) an association; 

14 (E) a partnership; 

15 (F) a consortium; 

16 (G) a joint venture; 

17 (H) a commercial entity; 

18 (I) a nonprofit organization; 

19 (J) the Federal Government; 

20 (K) a State; 

21 (L) a political subdivision of a State; 

22 (M) an interstate entity; 

23 (N) a commission; and 

24 (O) an Indian tribe. 


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1 (b) PERMITS.—The permitting authority may issue 

2 a permit to a Good Samaritan to carry out a project to 

3 remediate all or part of an inactive or abandoned mine 

4 site in accordance with this section. 

5 (c) ELIGIBILITY FOR PERMITS.— 

6 (1) IN GENERAL.—To be eligible for a permit 

7 to carry out a project to remediate an inactive or 

8 abandoned mine site under this section— 

9 (A) the mine site shall be located in the 

10 United States; 

11 (B) the principal purpose of the project 

12 shall be the reduction of pollution caused by 

13 historic mine residue; 

14 (C) the mine site may not be a mine site 

15 included on the national priorities list under 

16 section 105(a)(8)(B) of the Comprehensive En17 vironmental Response, Compensation, and Li18 ability Act of 1980 (42 U.S.C. 9605(a)(8)(B)); 

19 (D) the permit shall authorize only those 

20 activities that are directly required for the re21 mediation of historic mine residue at the mine 

22 site; 

23 (E) the person obtaining the permit shall 

24 be a Good Samaritan; and 


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1 (F) a State or tribal program described in 

2 paragraph (1) or (3) of subsection (d) shall be 

3 in effect for remediation of the mine site. 

4 (2) OTHER ACTIVITIES.—Any activity other 

5 than the activities described in paragraph (1)(D) 

6 conducted by the permittee or any other person at 

7 the mine site (including, without limitation, any 

8 mining or processing in addition to that required for 

9 the remediation of historic mine residue for the pub10 lic good)— 

11 (A) shall not be authorized under a permit 

12 issued under this section; and 

13 (B) may be authorized under other appli14 cable laws, including environmental laws. 

15 (d) STATE OR TRIBAL PROGRAM.— 

16 (1) PROGRAM.— 

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

18 issued by a State or Indian tribe to carry out 

19 a project under this Act, the State or Indian 

20 tribe shall have in effect a voluntary Good Sa21 maritan program approved by the Adminis22 trator. 

23 (B) APPLICATION.— 

24 (i) IN GENERAL.—The Governor of 

25 any State, or the head of the governing 


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1 body of an Indian tribe, may submit to the 

2 Administrator, at any time, an application 

3 to administer a Good Samaritan program 

4 for activities under the jurisdiction of the 

5 State or Indian tribe. 

6 (ii) REQUIREMENTS.—An application 

7 submitted under clause (i) shall include— 

8 (I) a complete and detailed de9 scription of the permit program pro10 posed to be administered under State 

11 or tribal law; and 

12 (II) a statement from the State 

13 attorney general or an equivalent trib14 al official that the laws of the State or 

15 Indian tribe provide adequate author16 ity to carry out the proposed program. 

17 (iii) APPROVAL OR DISAPPROVAL.— 

18 The Administrator shall approve an appli19 cation received under clause (i) not later 

20 than 120 days after the date of receipt of 

21 the application unless the Administrator 

22 determines that the applicable State or In23 dian tribe does not meet the requirements 

24 described in paragraph (2). 


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1 (2) REQUIREMENTS.—A State or Indian tribe 

2 that seeks to administer a Good Samaritan program 

3 shall— 

4 (A) agree to participate as a permit signa5 tory in the issuance of permits for each project 

6 for which a State or tribal permit for remedi7 ation in the State or relevant area under the ju8 risdiction of the Indian tribe is issued under 

9 this section; 

10 (B) designate a lead State or tribal agency 

11 that is responsible for carrying out permitting 

12 responsibilities of the State or Indian tribe 

13 under this section; 

14 (C) provide an opportunity for judicial re15 view in State court, or by the tribal body that 

16 exercises judicial functions of an Indian tribe, 

17 of the final decision by the State or Indian tribe 

18 which approves or denies a permit application 

19 under this Act in accordance with the standard 

20 described in subsection (p); 

21 (D) possess legal authority to implement a 

22 Good Samaritan program with program ele23 ments consistent with those described in this 

24 Act, including State or tribal enforcement au25 thorities; 


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1 (E) agree to carry out the program in ac2 cordance with this Act (except that a State or 

3 Indian tribe shall not be precluded from omit4 ting or modifying any program element for the 

5 purpose of imposing requirements that are 

6 more protective of the environment); and 

7 (F) provide for and encourage public par8 ticipation in the permitting process. 

9 (3) STATES AND INDIAN TRIBES WITHOUT

10 GOOD SAMARITAN PROGRAMS.—In the case of a 

11 State or Indian tribe without a Good Samaritan pro12 gram approved under subsection (d), the Adminis13 trator shall issue permits for Good Samaritan 

14 projects if the State or Indian tribe— 

15 (A) agrees to participate as a permit signa16 tory in the issuance of permits for each project 

17 for which a permit for remediation in the State 

18 or on that tribal land is issued under this sec19 tion; 

20 (B) agrees that a permittee shall comply 

21 with the terms and conditions of the permit in 

22 lieu of compliance with applicable environ23 mental laws specifically described in the permit 

24 in accordance with subsection (h)(1)(B); 


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1 (C) authorizes State or tribal agencies and 

2 political subdivisions of the State or Indian 

3 tribe to participate in the permit process under 

4 this section, as appropriate, and assist in pro5 viding the resources to enable that participa6 tion; and 

7 (D) designates a lead State or tribal agen8 cy that is responsible to carry out permitting 

9 responsibilities of the State or Indian tribe 

10 under this section. 

11 (e) APPLICATION FOR PERMITS.—To obtain a permit 

12 to carry out a project to remediate an inactive or aban13 doned mine site under this section, an applicant shall sub14 mit to the permitting authority an application, signed by 

15 the applicant, that provides— 

16 (1) a description of the mine site (including the 

17 boundaries of the mine site); 

18 (2) an identification of— 

19 (A) any current owner or operator of the 

20 mine site; and 

21 (B) any person with a legal right to ex22 clude other persons from the mine site or affect 

23 activities on the mine site, with a description of 

24 those legal rights; 


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1 (3) evidence satisfactory to the permitting au2 thority that the applicant has or will acquire all legal 

3 rights necessary to enter the mine site and to per4 form the remediation described in the application; 

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

6 inquiry that is reasonable under the circumstances, 

7 of— 

8 (A) prior owners and operators of the site 

9 (including the current location or business oper10 ations of those owners and operators); 

11 (B) the mining activities that occurred at 

12 the site; and 

13 (C) any relationship between those persons 

14 and the applicant; 

15 (5) a certification that the applicant knows of 

16 no other person that (as of the date of submission 

17 of the application)— 

18 (A) is responsible for the remediation of 

19 the mine site; and 

20 (B) has sufficient resources to complete 

21 the remediation; 

22 (6) a detailed description of the historic mine 

23 residue to be remediated; 

24 (7) a description of the baseline conditions (as 

25 of the date of submission of the application) of the 


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1 environment affected by the historic mine residue to 

2 be remediated; 

3 (8) a description of— 

4 (A) the nature and scope of the proposed 

5 remediation; and 

6 (B) detailed engineering plans for the 

7 project; 

8 (9) a description of the manner in which the re9 mediation will assist the mine site in meeting, to the 

10 maximum extent reasonable and practicable under 

11 the circumstances, water quality standards; 

12 (10) an identification, based on an inquiry that 

13 is reasonable under the circumstances, of any sig14 nificant adverse effects on the environment that 

15 could reasonably be likely to occur if the permittee 

16 fails to properly implement the proposed remediation 

17 in accordance with the engineering plans; 

18 (11) a schedule for the work to be carried out 

19 under the project; 

20 (12) a budget for the work to be carried out 

21 under the project; 

22 (13) a description of financial assurances, if 

23 any, to be provided by the permittee to ensure that 

24 the permitted work, including any operation and 

25 maintenance, will be completed; 


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

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

5 (15) a detailed plan for the required operation 

6 and maintenance of any remediation; and 

7 (16) a list of all environmental laws for which 

8 the applicant seeks the protection described in para9 graphs (1) and (2) of subsection (g). 

10 (f) PERMIT ISSUANCE.— 

11 (1) IN GENERAL.—The permitting authority 

12 may issue a permit under this section to carry out 

13 a project for the remediation of an inactive or aban14 doned mine site only if— 

15 (A) the permitting authority determines 

16 that— 

17 (i) the project will improve the envi18 ronment on or in the area of the mine site 

19 to a significant degree, as determined by 

20 the permitting authority; 

21 (ii) the project will meet applicable 

22 water quality standards, to the maximum 

23 extent reasonable and practicable under 

24 the circumstances; 


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1 (iii) the permittee has the financial 

2 and other resources to complete, and will 

3 complete, the permitted work; 

4 (iv) the permittee has the financial 

5 and other resources to address any contin6 gencies identified in the permit application 

7 pursuant to subsection (e)(10) (except that 

8 the permitting authority may waive the re9 quirements of this clause with respect to a 

10 project that has a budget of less than 

11 $300,000); and 

12 (v) the project meets the requirements 

13 of this section; 

14 (B) with respect to a State or Indian tribe 

15 without a Good Samaritan program approved 

16 under subsection (d), the State or Indian tribe 

17 concurs with the issuance of, and signs, the 

18 permit; 

19 (C) if the permit provides protection for 

20 the permittee under an environmental law of a 

21 political subdivision of a State or Indian tribe 

22 in accordance with paragraphs (1) and (2) of 

23 subsection (g), the political subdivision concurs 

24 with the issuance of, and signs, the permit; and 


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1 (D) if the proposed project is to be carried 

2 out on Federal land, each State or Indian tribe 

3 (or political subdivision of the State or Indian 

4 tribe) within which the Federal land is located 

5 meets the requirements of subparagraphs (B) 

6 and (C). 

7 (2) DISCRETIONARY ACTIONS.—The issuance of 

8 a permit by the permitting authority, and the con9 currence of the affected State or Indian tribe (and 

10 political subdivisions of the State or Indian tribe) to 

11 participate in the permit process, shall be discre12 tionary actions and shall be taken in the public in13 terest. 

14 (3) COMPLIANCE WITH NEPA.—No action of a 

15 permitting authority or any other person under this 

16 section shall be required to comply with section 102 

17 of the National Environmental Policy Act of 1969 

18 (42 U.S.C. 4332). 

19 (4) DEADLINE.— 

20 (A) IN GENERAL.—The permitting author21 ity shall issue or deny a permit for the remedi22 ation of a mine site not later than— 

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

24 date of receipt by the permitting authority 

25 of an application for the permit that, as 


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1 determined by the permitting authority, is 

2 complete; or 

3 (ii) such later date as may be deter4 mined by the permitting authority with the 

5 agreement of the applicant. 

6 (B) CONSTRUCTIVE DENIAL.—If the per7 mitting authority fails to issue or deny the per8 mit in accordance with subparagraph (A), the 

9 application shall be considered to be denied by 

10 the permitting authority. 

11 (5) REVIEW FOR CERTAIN PROJECTS.—A 

12 project that, as determined by the permitting au13 thority, would be less complex, or pose less risk, 

14 than other projects under review by the permitting 

15 authority for a permit under this section, may be re16 viewed, at the discretion of the permitting authority, 

17 under a more simple and rapid review process (in18 cluding the conduct of a public hearing upon request 

19 by an interested person) under this subsection. 

20 (g) EFFECT OF PERMITS.— 

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

22 section to carry out a project for the remediation of 

23 an inactive or abandoned mine site— 

24 (A) authorizes the permittee to carry out 

25 the activities described in the permit; 


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1 (B) authorizes enforcement under this sec2 tion; and 

3 (C) provides to the permittee, in carrying 

4 out the activities authorized under the permit, 

5 protection from actions taken, obligations, and 

6 liabilities arising under the environmental laws 

7 specified in the permit. 

8 (2) CROSS-COMPLIANCE.—A permittee shall 

9 comply with the terms and conditions of a permit 

10 issued under this section in lieu of compliance with 

11 the environmental laws specified in the permit with 

12 respect to the work authorized under the permit. 

13 (3) OFF-SITE DISPOSAL.—A permit issued pur14 suant to this Act shall not relieve the permittee of 

15 the obligation to comply with any applicable provi16 sion of the Toxic Substances Control Act (15 U.S.C. 

17 2601 et seq.) or the Solid Waste Disposal Act (42 

18 U.S.C. 6901 et seq.) relating to the off-site disposal 

19 of any waste or material removed from the applica20 ble inactive or abandoned mine site. 

21 (h) CONTENT OF PERMITS.— 

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

23 section shall contain— 


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1 (A) a detailed description of the engineer2 ing and other work that is authorized under the 

3 permit; 

4 (B) a specific list of environmental laws, or 

5 selected provisions of environmental laws, with 

6 respect to which compliance with the permit will 

7 operate in lieu of compliance with the laws; 

8 (C) a provision that states that the per9 mittee is responsible for securing, for all activi10 ties authorized under the permit, all authoriza11 tions, licenses, and permits that are required 

12 under applicable law, other than the environ13 mental laws described in subsection (g)(2); and 

14 (D) any other terms and conditions that 

15 are determined to be appropriate by the permit16 ting authority. 

17 (2) FORCE MAJEURE.—A permit issued under 

18 this section may include, at the request of the Good 

19 Samaritan, a force majeure provision. 

20 (3) INVESTIGATIVE SAMPLING.— 

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

22 an appropriate program of investigative sam23 pling to be completed prior to remediation, as 

24 determined by the permitting authority upon 

25 application. 


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1 (B) OPTION TO DECLINE REMEDIATION.— 

2 In the event that investigative sampling is au3 thorized, the permit may allow the permittee to 

4 decline to undertake remediation based upon 

5 sampling results. 

6 (C) PERMIT MODIFICATION.—Based upon 

7 sampling results, a permittee may apply for a 

8 permit modification using the permit proce9 dures in this Act. 

10 (4) TIMING.—Work authorized under a per11 mit— 

12 (A) shall commence not later than the date 

13 that is 18 months after the date of issuance of 

14 the permit; and 

15 (B) shall continue until completed, with 

16 temporary suspensions permitted during ad17 verse weather or other conditions specified in 

18 the permit. 

19 (5) SIGNATURE BY PERMITTEE.—The signature 

20 of the permittee on the permit shall be considered to 

21 be an acknowledgment by the permittee that the 

22 permittee accepts the terms and conditions of the 

23 permit. 

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

25 transferred to another person only if— 


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1 (A) the permitting authority determines 

2 that the transferee qualifies as a Good Samari3 tan; 

4 (B) the transferee signs, and agrees to be 

5 bound by the terms of, the permit; and 

6 (C) the permitting authority includes in 

7 the transferred permit any additional conditions 

8 necessary to meet the goals of this section. 

9 (7) TERMINATION OF PERMIT.—The authority 

10 to carry out work under a permit issued under this 

11 section shall terminate if the work does not com12 mence by the date that is 18 months after the date 

13 of issuance of the permit. 

14 (i) ROLE OF PERMITTING AUTHORITY.—In carrying 

15 out this section, the permitting authority shall— 

16 (1) consult with prospective applicants; 

17 (2) accept permit applications under this sec18 tion; 

19 (3) convene, coordinate, and lead the applica20 tion review process; 

21 (4) maintain all records relating to the permit 

22 and the permit process; 

23 (5) provide an opportunity for cooperating 

24 agencies and the public to participate in the permit 

25 process; 


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1 (6) issue the permit under this section, if ap2 propriate; and 

3 (7) enforce and otherwise carry out this section. 

4 (j) COOPERATING AGENCIES.—If the permitting au5 thority learns that an application for the remediation of 

6 a mine site under this section will be submitted to the per7 mitting authority, the permitting authority shall (as soon 

8 as practicable) provide a notice of the application to— 

9 (1) the lead State or tribal agency designated 

10 under subsection (d)(2)(B); 

11 (2) each local government located within a ra12 dius of 75 miles of the mine site; and 

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

14 may have an interest in the application. 

15 (k) STATE, LOCAL AND TRIBAL COMMUNITIES.— 

16 (1) IN GENERAL.—If the permitting authority 

17 receives an application for the remediation of a mine 

18 site under this section, the permitting authority 

19 shall, as soon as practicable, provide notice of the 

20 application to— 

21 (A) any lead State or tribal agency des22 ignated under subsection (d)(2)(B), if the Ad23 ministrator is the permitting authority; 

24 (B) each local government located within a 

25 radius of 75 miles of the project site; and 


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1 (C) each Federal, State, and tribal agency 

2 that the permitting authority determines may 

3 have an interest in the application. 

4 (2) COPY OF APPLICATION.—The notice shall 

5 include a copy of the application. 

6 (l) PUBLIC NOTICE OF RECEIPT OF APPLICA7 TIONS.— 

8 (1) IN GENERAL.—On receipt of a complete ap9 plication for the remediation of an inactive or aban10 doned mine site under this Act, the permitting au11 thority shall, not later than 30 days after receipt of 

12 the application, provide to the public a notice that— 

13 (A) describes— 

14 (i) the location of the mine site; 

15 (ii) the scope and nature of the pro16 posed remediation; and 

17 (iii) the name of the Good Samaritan 

18 applying for a permit to carry out the pro19 posed remediation; and 

20 (B) provides to the public a means of view21 ing or obtaining the application. 

22 (2) HEARING.— 

23 (A) IN GENERAL.—Before the date of per24 mit issuance, the permitting authority shall 


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1 hold a public hearing in the vicinity of the mine 

2 site to be remediated. 

3 (B) NOTICE.—Not later than 30 days be4 fore the date of the hearing, the permitting au5 thority shall provide the public with notice of 

6 the hearing and a draft permit. 

7 (C) COMMENTS.—The permitting authority 

8 shall provide the applicant and the public with 

9 the opportunity— 

10 (i) to comment on the draft permit at 

11 the public hearing; and 

12 (ii) to submit written comments to the 

13 permitting authority during the 30-day pe14 riod following the date of the hearing. 

15 (m) MONITORING.— 

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

17 such actions as the permitting authority determines 

18 are necessary to ensure appropriate baseline moni19 toring, monitoring during the remediation project, 

20 and post-remediation monitoring of the environment 

21 under paragraphs (7) and (13) of subsection (e). 

22 (2) ADMINISTRATION.—When selecting the type 

23 and frequency of the monitoring requirements to be 

24 included in a permit, if any, the permitting authority 

25 shall— 


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

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

5 (B) take into account the scope of the 

6 project. 

7 (3) MULTIPARTY MONITORING.—The permit8 ting authority may approve in a permit the conduct 

9 of monitoring by multiple parties if, as determined 

10 by the permitting authority, the multiparty moni11 toring will effectively accomplish the goals of this 

12 section. 

13 (n) ENFORCEMENT.— 

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

15 a permit issued under this section shall be subject 

16 to a civil penalty of up to $10,000 for each day of 

17 the violation. 

18 (2) INJUNCTIONS.— 

19 (A) IN GENERAL.—A court may issue an 

20 injunction— 

21 (i) mandating that a person comply 

22 with a permit or take action to abate a 

23 permit violation; 

24 (ii) prohibiting a person from vio25 lating a permit; or 


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1 (iii) prohibiting additional activities 

2 under a permit (except activities carried 

3 out pursuant to subparagraph (B)). 

4 (B) MINIMUM REQUIREMENT.—In the 

5 event of a permit violation, and absent extraor6 dinary circumstances, the court shall, at a min7 imum, require— 

8 (i) the permittee to repair the damage 

9 to any part of the environment that is 

10 caused by an action of the permittee in vio11 lation of the permit; and 

12 (ii) the environment to be restored to 

13 the condition of the environment prior to 

14 the action of the permittee in violation of 

15 the permit. 

16 (3) AGENCIES.—Any permitting authority that 

17 signs a permit issued under this section may enforce 

18 the permit through appropriate administrative or ju19 dicial proceedings. 

20 (o) GRANT ELIGIBILITY.—A remediation project con21 ducted pursuant to this section shall be eligible for funding 

22 pursuant to section 319 of the Federal Water Pollution 

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

24 (p) JUDICIAL REVIEW.—A court may set aside or 

25 modify an action of the Administrator in issuing a permit 


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1 under this section, or an action of a State or political sub2 division in signing a permit, only on clear and convincing 

3 evidence of an abuse of discretion. 

4 (q) TRANSFER OF PERMITTING AUTHORITY.— 

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

6 not later than 120 days after the date on which a 

7 State or Indian tribe has submitted an application 

8 to administer a Good Samaritan program, the Ad9 ministrator shall suspend the issuance of permits 

10 under this Act for remediation activities in that 

11 State or relevant area under the jurisdiction of an 

12 Indian tribe unless the Administrator determines 

13 that the Good Samaritan program of the State or 

14 Indian tribe does not satisfy the requirements of this 

15 Act. 

16 (2) EXTENSION.—The period before which the 

17 Administrator will suspend permitting activity under 

18 this subsection may be extended by mutual agree19 ment of the Administrator and the applicable State 

20 or Indian tribe. 

21 (r) NOTIFICATION OF ADMINISTRATOR.— 

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

23 authorized to administer a Good Samaritan program 

24 shall— 


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1 (A) submit to the Administrator a copy of 

2 each permit application received by the State or 

3 Indian tribe; and 

4 (B) provide notice to the Administrator of 

5 each permit proposed to be issued by the State 

6 or Indian tribe (including any proposed permit 

7 modifications, transfers, or terminations). 

8 (2) OBJECTION TO ISSUANCE.— 

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

10 subparagraph (C), no permit shall be issued by 

11 a State or Indian tribe referred to in paragraph 

12 (1) if the Administrator, by not later than the 

13 date that is 90 days after the date of submis14 sion of the proposed permit notification, objects 

15 in writing to the issuance of the permit on the 

16 basis that the permit would not be in accord17 ance with this Act. 

18 (B) STATEMENT OF REASONS FOR OBJEC19 TION.—An objection by the Administrator de20 scribed in subparagraph (A) shall include a 

21 statement of the reasons for the objection. 

22 (C) WAIVER.—The Administrator may, 

23 with respect to any permit application, waive 

24 the applicability of subparagraph (A). 

25 (3) ISSUANCE OR DENIAL OF PERMITS.— 


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1 (A) IN GENERAL.—In any case in which 

2 the Administrator objects to the issuance of a 

3 permit under paragraph (2), the Administrator, 

4 on the request of the applicable State or Indian 

5 tribe, shall hold a public hearing on the objec6 tion. 

7 (B) FAILURE TO REQUEST HEARING OR

8 RESUBMIT APPLICATION.—If a State or Indian 

9 tribe does not resubmit a permit revised to 

10 meet the objections of the Administrator by the 

11 date that is 30 days after the date of comple12 tion of a public hearing under subparagraph 

13 (A) or, if such a public hearing is not requested 

14 before the date that is 90 days after the date 

15 of issuance of an objection of the Administrator 

16 to issuance of the permit, the Administrator 

17 may issue or deny the permit in accordance 

18 with this Act. 

19 (s) WITHDRAWAL OF APPROVAL OF STATE OR TRIB20 AL PROGRAM AND RETURN OF STATE OR TRIBAL PRO21 GRAM TO ADMINISTRATOR.— 

22 (1) IN GENERAL.—Each State or tribal Good 

23 Samaritan program approved under this Act shall be 

24 administered in accordance with this Act. 

25 (2) NOTIFICATION AND WITHDRAWAL.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), if the Administrator determines, 

3 after a public hearing, that a State or Indian 

4 tribe is not administering a program approved 

5 under this Act in accordance with this Act, the 

6 Administrator shall— 

7 (i) notify the State or Indian tribe of 

8 the determination; and 

9 (ii) if appropriate corrective action is 

10 not taken within a reasonable time, not to 

11 exceed 90 days after the date of notifica12 tion under clause (i), withdraw approval of 

13 the program. 

14 (B) NOTIFICATION OF REASONS FOR

15 WITHDRAWAL.—The Administrator shall not 

16 withdraw approval of a program under subpara17 graph (A) until the Administrator notifies the 

18 State or Indian tribe, and makes available to 

19 the public, in writing, the reasons for the with20 drawal. 

21 (t) FEDERAL LAND MANAGEMENT AGENCIES.—A 

22 Federal land management agency that provides authoriza23 tion for, or participates in, a project authorized pursuant 

24 to this Act shall not be liable under environmental laws 


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

2 cooperating person). 

3 (u) EMERGENCY AUTHORITY AND LIABILITY.— 

4 (1) EMERGENCY AUTHORITY.—Nothing in this 

5 section affects the authority of a Federal, State, 

6 tribal, or local agency to carry out any emergency 

7 authority, including an emergency authority pro8 vided under any environmental law listed in a per9 mit. 

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

11 permit provides protection under an environmental 

12 law specified in a permit in accordance with sub13 section (g)(1)(C), nothing in this section or a permit 

14 issued under this section limits the liability of any 

15 person (including a permittee) under any other pro16 vision of law. 

17 (v) STATE AND TRIBAL RECLAMATION PROGRAMS.— 

18 No State, Indian tribe, or other Good Samaritan shall be 

19 required to obtain a permit pursuant to this Act to reme20 diate an abandoned or inactive mine site for the conduct 

21 of reclamation work under a State or tribal abandoned 

22 mine reclamation plan approved under title IV of the Sur23 face Mining Control and Reclamation Act of 1977 (30 

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

25 (w) TERMINATION OF AUTHORITY.— 


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1 (1) TERMINATION.— 

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

3 subparagraph (B), the authority to issue per4 mits pursuant to this Act shall terminate on 

5 September 30, 2019. 

6 (B) EXCEPTION.—Notwithstanding sub7 paragraph (A), a permitting authority may 

8 issue a permit pursuant to this Act after Sep9 tember 30, 2019, if the application for the per10 mit— 

11 (i) was submitted not later than 180 

12 days before that date; and 

13 (ii) was completed in accordance with 

14 subsection (e) by not later than September 

15 30, 2019. 

16 (2) EFFECT ON CERTAIN PERMITS.—Any per17 mit issued pursuant to this Act before September 

18 30, 2019, that is in effect on that date (including 

19 any permit issued pursuant to paragraph (1)(B)) 

20 shall remain in effect after that date in accordance 

21 with— 

22 (A) the terms and conditions of the permit; 

23 and 

24 (B) this Act. 


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1 (3) COMPLETION OF PROJECTS.—Each project 

2 authorized under a permit issued pursuant to this 

3 Act shall be completed by the later of— 

4 (A) the date that is 10 years after the date 

5 of enactment of this Act; and 

6 (B) the date that is 4 years after the date 

7 of issuance of the applicable permit. 

8 (x) REPORT TO CONGRESS.— 

9 (1) PREPARATION AND SUBMISSION.—Not later 

10 than January 1, 2019, the Administrator shall sub11 mit to the Chairpersons and Ranking Members of 

12 the Committee on Environment and Public Works of 

13 the Senate and the Committees on Transportation 

14 and Infrastructure, Energy and Commerce, and Re15 sources of the House of Representatives a report 

16 evaluating the permit program under this Act. 

17 (2) INCLUSIONS.—The report under paragraph 

18 (1) shall include— 

19 (A) a description of— 

20 (i) the number, types, and objectives 

21 of permits issued pursuant to this Act; and 

22 (ii) each site remediation project au23 thorized by those permits; 


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1 (B) qualitative and quantitative data on 

2 the results achieved under the permits before 

3 the date of issuance of the report; 

4 (C) a description of— 

5 (i) any problems encountered in ad6 ministering this Act; and 

7 (ii) whether the problems have been or 

8 can be remedied by administrative action 

9 (including amendments to existing law); 

10 (D) a description of progress made in 

11 achieving the purposes of this Act; and 

12 (E) recommendations on whether the per13 mit program under this Act should be contin14 ued after September 30, 2019, including a de15 scription of any modifications (including 

16 amendments to existing law) required to con17 tinue administering this Act. 

18 (y) REGULATIONS.— 

19 (1) IN GENERAL.—The Administrator shall pro20 mulgate such regulations as the Administrator deter21 mines to be necessary to carry out this section. 

22 (2) EFFECTIVENESS.—This section shall be ef23 fective regardless of whether regulations are promulVerDate Nov 24 2008 05:37 Jul 15, 2009 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.IH H3203

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1 gated by the Administrator pursuant to paragraph 

2 (1). 

Æ 


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