doned or inactive mine land waste remediation permit pro-
gram, as provided for in section 402(r) of the Federal 
Water Pollution Control Act (33 U.S.C. 1342(r)). 
(g) SPECIAL DISBURSEMENT REQUIREMENTS.—
(1) SET-ASIDE.—Of the funds collected under 
section 102 with regard to a mine for a calendar 
year and deposited in the Fund—
(A) 25 percent shall be expended in the eli-
gible State in which the mine is located, pursu-
ant to an approved abandoned mine land rec-
lamation program under subsection (d)(3); and 
(B) 50 percent shall be expended in the eli-
gible States based on each eligible State’s per-
centage of the value of total national hardrock 
mineral production during the years 1900 
through 1980, which the Secretary shall deter-
mine using United States Geological Survey 
Minerals Yearbooks and published metal prices. 
(2) RELEASE.—If funds allocated pursuant to 
paragraph (1)(A) have not been expended within 
three years after collection, the Secretary shall make 
such funds available to other eligible States as deter-
mined appropriate by the Secretary.
TITLE 
II—GOOD 
SAMARITAN 
PERMITS 
FOR 
ABANDONED 
HARDROCK MINE CLEANUPS 
SEC. 201. ABANDONED OR INACTIVE MINED LAND WASTE 
REMEDIATION PERMITS. 
Section 402 of the Federal Water Pollution Control 
Act (33 U.S.C. 1342) is amended by adding at the end 
the following: 
‘‘(r) ABANDONED OR INACTIVE MINED LAND WASTE 
REMEDIATION PERMITS.—
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) IDENTIFIABLE
OWNER
OR
OPER-
ATOR.—The term ‘identifiable owner or oper-
ator’ means a person or entity—
‘‘(i) that is the current owner or oper-
ator or that is or was responsible for the 
activities at abandoned or inactive mined 
land that created conditions that cause or 
contribute to the discharge of pollutants 
from the abandoned or inactive mined 
land; and 
‘‘(ii) that is financially capable of 
compliance with requirements of this sec-
tion and sections 301 and 302.
‘‘(B) PERMIT.—The term ‘permit’ means 
an abandoned or inactive mined land waste re-
mediation permit described under paragraph 
(2). 
‘‘(C) REMEDIATING PARTY.—The term ‘re-
mediating party’ means—
‘‘(i) the United States, except with re-
spect to abandoned or inactive mined land 
located on Federal land; 
‘‘(ii) a State or political subdivision 
thereof; or 
‘‘(iii) an Indian tribe. 
‘‘(D) COOPERATING
PARTY.—The term 
‘cooperating party’ means any person or entity, 
including the Federal Government with respect 
to abandoned or inactive mined land located on 
non-Federal land, that implements the practices 
described in paragraph (3)(B)(viii). 
‘‘(2) PERMITS.—
‘‘(A) IN
GENERAL.—The Administrator, 
with the concurrence of the State in which an 
abandoned or inactive mine remediation project 
is proposed or the Indian tribe which owns or 
has jurisdiction over the land on which a reme-
diation project is proposed, may issue an aban-
doned or inactive mined land waste remediation 
permit to a remediating party for discharges as-
sociated with remediation activity at any eligible 
area under this subsection, that modifies the 
otherwise applicable requirements of any other 
subsection of this section and of sections 301 
and 302. 
‘‘(B) DELEGATION.—The Administrator 
may delegate the authority for issuance of 
abandoned or inactive mined land waste rec-
lamation permits for discharges associated with 
remediation activities at any eligible area under 
this subsection to a State that is exercising del-
egated authority under this section. 
‘‘(3) PERMIT PROCESS.—
‘‘(A) SCOPE.—A remediating party may 
apply for a permit for remediation activities at 
abandoned or inactive mined land from which 
there is or may be a discharge of pollutants to 
waters of the United States. 
‘‘(B) REMEDIATION PLAN.—A remediating 
party that seeks a permit shall submit an appli-
cation for the permit that includes a remedi-
ation plan that—
‘‘(i) identifies the remediating party 
and any cooperating party with respect to 
the plan; 
‘‘(ii) identifies the abandoned or inac-
tive mined land addressed by the plan, in-
cluding a verification that the land is eligi-
ble under this Act; 
‘‘(iii) identifies the waters of the 
United States affected by past mining ac-
tivities at the abandoned or inactive mined 
land; 
‘‘(iv) describes the baseline condition 
of the waters at the time of the permit ap-
plication (including the nature and extent 
of any adverse water quality impact and, 
as applicable, the levels of any pollutant 
causing the impact); 
‘‘(v) describes the conditions at the 
abandoned or inactive mined land that are 
causing adverse water quality impacts; 
‘‘(vi) describes the applicant’s reason-
able efforts to identify—
‘‘(I) current owners, lessees, and 
claimants of the abandoned or inactive
mined land addressed by the plan; 
and 
‘‘(II) other persons, including 
mine operators, if any, whose activi-
ties at the abandoned or inactive 
mined land after October 18, 1972, 
created conditions that cause or con-
tribute to the discharge of pollutants 
from the abandoned or inactive mined 
land; 
‘‘(vii) describes the remediation goals 
and objectives, including the pollutant or 
pollutants to be addressed by the plan, in-
cluding actions taken to meet the applica-
ble water quality standards to the max-
imum extent practicable, but in no cir-
cumstances worse than the baseline water 
condition as described pursuant to clause 
(iv); 
‘‘(viii) describes the practices, includ-
ing a schedule and estimated completion 
date for implementing the practices, that 
are proposed to meet the applicable water 
quality standards to the maximum extent 
practicable, but in no circumstances worse
than the baseline water quality as deter-
mined under clause (iv), including—
‘‘(I) in the case of a new remedi-
ation project, the preliminary system 
design and construction, operation, 
and maintenance plans; and 
‘‘(II) in the case of an existing 
remediation project, available system 
design and construction, operation, 
and maintenance plans and any 
planned improvements to the projects; 
‘‘(ix) explains how the practices de-
scribed in clause (viii) are expected to re-
sult in the attainment of applicable water 
quality standards to the maximum extent 
practicable, but in no circumstances worse 
than the baseline water quality as deter-
mined under clause (iv); 
‘‘(x) describes the monitoring or other 
forms of assessment that will be under-
taken to evaluate the success of the prac-
tices during and after implementation, rel-
ative to baseline conditions; 
‘‘(xi) describes contingency plans, in-
cluding the practices to be implemented to
achieve the remediation goals and objec-
tives described in clause (vii), for respond-
ing to unplanned adverse events; 
‘‘(xii) provides a schedule for periodic 
reporting on progress in implementing the 
plan; 
‘‘(xiii) provides a budget for the plan 
and identifies the funding sources that will 
support the implementation of the plan, in-
cluding practices described in clauses (viii), 
(x), and (xi); 
‘‘(xiv) describes the applicant’s legal 
authority to enter and conduct activities at 
the abandoned or inactive mined land ad-
dressed by the plan; 
‘‘(xv) demonstrates that there is a 
covenant obligating future landowners to 
operate and maintain the property so that 
all environmental benefits of the project 
authorized by the permit will be fully real-
ized; 
‘‘(xvi) contains any other additional 
information requested by the Adminis-
trator to clarify the plan and the activities 
covered by the plan; and
‘‘(xvii) is signed by the applicant. 
‘‘(C) REVIEW OF APPLICATION.—
‘‘(i) The Administrator or the dele-
gated State shall—
‘‘(I) review each application for 
an abandoned or inactive mined land 
waste remediation permit; 
‘‘(II) provide to the public notice 
of and reasonable opportunity to com-
ment on the application; 
‘‘(III) provide an opportunity for 
a public hearing on the application; 
and 
‘‘(IV) determine whether the ap-
plication meets the requirements of 
subparagraph (B). 
‘‘(ii) If the Administrator or the dele-
gated State determines that an application 
does not meet the requirements of sub-
paragraph (B), the Administrator or the 
delegated State shall—
‘‘(I) notify the applicant that the 
application is disapproved and explain 
the reasons for the disapproval; and
‘‘(II) allow the applicant to sub-
mit a revised application. 
‘‘(iii) If the Administrator or the dele-
gated State determines that an application 
meets the requirements of subparagraph 
(B), the Administrator or the delegated 
State shall notify the applicant that the 
application is accepted. 
‘‘(D) ISSUANCE.—
‘‘(i) After notice and opportunity for 
public comment on a permit proposed to be 
issued, including any additional require-
ments that the Administrator or the dele-
gated State determines would facilitate im-
plementation of this subsection, the Ad-
ministrator or the delegated State may 
issue an abandoned or inactive mined land 
waste remediation permit to the applicant 
if the Administrator or the delegated State 
determines that—
‘‘(I) relative to the resources 
available to the remediating party for 
the proposed remediation activity, the 
remediating party has made a reason-
able effort to identify persons under 
subparagraph (B)(vi); 
‘‘(II) no identifiable owner or op-
erator exists, except a permit can be 
issued on Federal land where the only 
identifiable owner or operator is the 
Federal Government; and 
‘‘(III) the remediation plan dem-
onstrates with reasonable certainty 
that the implementation of the plan 
will meet applicable water quality 
standards to the maximum extent 
practicable, but in no circumstances 
worse than the baseline water condi-
tion as described pursuant to subpara-
graph (B)(iv), taking into consider-
ation the resources available to the re-
mediating party for the proposed re-
mediation activity. 
‘‘(ii) If the Administrator or the dele-
gated State decides not to issue an aban-
doned or inactive mined land waste remedi-
ation permit to the applicant, the Adminis-
trator shall notify the applicant of the rea-
sons for not issuing the permit.
‘‘(E) MODIFICATION.—
‘‘(i) Not later than 120 days after the 
receipt of a written request by a permittee, 
the Administrator or the delegated State 
shall approve or disapprove a modification 
of a permit. 
‘‘(ii) A permit modification approved 
by the Administrator or the delegated 
State under this subsection shall be—
‘‘(I) by agreement of the per-
mittee and the Administrator or the 
delegated State; 
‘‘(II) after providing the public 
notice of, and opportunity for com-
ment and a hearing on, a proposed 
modification of a permit; 
‘‘(III) in accordance with the 
standards 
in 
subparagraph 
(D)(i)(III); and 
‘‘(IV) immediately reflected in 
and applicable to the remediation per-
mit. 
‘‘(4) CONTENTS OF PERMIT.—
‘‘(A) IN GENERAL.—A permit—
‘‘(i) shall include a remediation plan 
approved by the Administrator or the dele-
gated State and any additional require-
ments that the Administrator or the dele-
gated State establishes under paragraph 
(9); and 
‘‘(ii) shall provide for compliance with 
and implementation of the remediation 
plan and any other requirements described 
under clause (i). 
‘‘(B) REVIEW.—A permit shall establish a 
schedule for review, by the Administrator or the 
delegated State, of compliance with the condi-
tions and limitations of the permit. The Admin-
istration or the delegated State shall inspect 
each site subject to a remediation permit at 
least annually. 
‘‘(C) COMPLIANCE
WITH
OTHER
LIMITA-
TIONS.—A permit shall require the remediating 
party to comply with any applicable provisions 
of this subsection and other subsections of this 
section and with sections 301 or 302 to the 
maximum extent practicable in a manner speci-
fied in the permit.
‘‘(5) FAILURE TO COMPLY.—Failure of a reme-
diating party operating under an approved permit to 
comply with any condition or limit of the permit re-
lated to water quality shall be considered a violation 
subject to enforcement pursuant to sections 309 and 
505 of this Act. 
‘‘(6) TERMINATION.—
‘‘(A) IN GENERAL.—The Administrator or 
the delegated State shall terminate a permit 
if—
‘‘(i) the remediating party successfully 
completes the implementation of the reme-
diation plan; or 
‘‘(ii) the discharges covered by the 
permit—
‘‘(I) become subject to a permit 
issued under the other subsections of 
this section for development that is 
not part of the implementation of the 
remediation plan; and 
‘‘(II) the remediating party seek-
ing termination of coverage, and any 
party cooperating with the remedi-
ating party with respect to the plan,
is not a participant in the develop-
ment. 
‘‘(B) UNFORESEEN CONDITION.—The Ad-
ministrator or the delegated State shall termi-
nate a permit if—
‘‘(i) an event or condition is encoun-
tered that was not contemplated or de-
signed for by the remediation plan and is 
beyond the control of the remediating 
party; and 
‘‘(ii) the Administrator or the dele-
gated State determines that remediation 
activities under the permit have resulted in 
surface water quality conditions, taken as 
a whole and with reference to the des-
ignated uses of the waters, that are not 
worse than the baseline water condition as 
described 
pursuant 
to 
paragraph 
(3)(B)(iv). 
‘‘(C) NO ENFORCEMENT LIABILITY.—
‘‘(i) Subject to clause (ii), if a permit 
is terminated under subparagraph (A) or 
(B), the remediating party, or a cooper-
ating party with respect to the plan, shall 
not be subject to enforcement under sec-
tion 309 or 505 for any remaining dis-
charges from the abandoned or inactive 
mined land described in the permit. 
‘‘(ii) This subparagraph does not limit 
any liability of any person, other than the 
remediating party or a cooperating party. 
‘‘(7) LIMITATIONS.—
‘‘(A) EMERGENCY
POWERS.—Nothing in 
this subsection limits the authority of the Ad-
ministrator under section 504. 
‘‘(B) PRIOR VIOLATIONS.—
‘‘(i) Nothing in this subsection pre-
cludes actions under section 309 or 505 or 
affects the relief available in actions under 
those sections, with respect to violations of 
this section, or sections 301(a) or 302, 
that occurred prior to the issuance of a 
permit under this subsection. 
‘‘(ii) If a permit covers remediation 
activities implemented by the permit holder 
prior to the issuance of the permit, clause 
(i) shall not apply to an action that is 
based on conditions resulting from those 
remediation activities.
‘‘(C) OBLIGATION OF STATES AND INDIAN 
TRIBES.—Except as expressly provided, nothing 
in this subsection limits any obligation of a 
State or Indian tribe under section 303. 
‘‘(D) OTHER DEVELOPMENT.—Any devel-
opment of abandoned or inactive mined land 
(including 
mineral 
exploration, 
processing, 
beneficiation, or mining), including development 
by a remediating party or any cooperating 
party with respect to the plan, not specifically 
described in a permit issued by the Adminis-
trator or the delegated State under this sub-
section shall be subject to this Act (other than 
this subsection). The commingling of any other 
discharges or waters with the discharges or wa-
ters subject to the remediation permit cannot 
limit or reduce the liability of persons associ-
ated with the other waters or discharges. 
‘‘(E) RECOVERABLE
VALUE.—A remedi-
ating party may sell or use materials recovered 
during the implementation of the plan, but the 
proceeds of any such sale must be used to de-
fray the costs of remediation of the site ad-
dressed in the permit or the costs of remedi-
ation of other abandoned or inactive sites used 
for mining hardrock minerals. 
‘‘(F) STATE CERTIFICATION.—In so far as 
this subsection may relate to water quality 
standards, section 401 certification shall not 
apply to permits under this section; except that, 
in any case in which section 401 certification 
would otherwise be required, no permit shall be 
issued under this subsection without the con-
currence of the State in which the discharge is 
located. 
‘‘(8) LIABILITY OF OTHER PARTIES.—Nothing 
in this subsection, including any result caused by 
any action taken by the remediating party or a co-
operating party, limits the liability of any person 
other than the remediating party or a cooperating 
party, under this Act or any other law. 
‘‘(9) REGULATIONS.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than 1 year after 
the date of enactment of this subsection, the 
Administrator, in consultation with Secretary of 
the Interior and the Secretary of Agriculture 
and State, tribal, and local officials and after 
providing the public with notice of, and oppor-
tunity for comment and a hearing on, regula-
tions proposed to be promulgated, shall promul-
gate regulations establishing generally applica-
ble requirements for—
‘‘(i) remediation plans described in 
paragraph (3)(B); and 
‘‘(ii) as considered to be necessary by 
the Administrator, other paragraphs of 
this subsection. 
‘‘(B) SPECIFIC
REQUIREMENTS
BEFORE 
PROMULGATION OF REGULATIONS.—Before pro-
mulgation of regulation pursuant to subpara-
graph (A), the Administrator may establish, on 
a case-by-case basis, after notice and oppor-
tunity for public comment, specific require-
ments that the Administrator determines would 
facilitate implementation of this subsection in 
an individual permit issued to the remediating 
party. 
‘‘(10) FUNDING.—Implementation of a remedi-
ation plan under a permit issued under this sub-
section shall be eligible for grants under section 
319(h). 
‘‘(11) REPORT.—
‘‘(A) IN GENERAL.—Not later than 1 year 
before the date of the termination of permitting 
authority specified in paragraph (12), the Ad-
ministrator shall submit to Congress a report 
on the activities authorized by this subsection. 
‘‘(B) CONTENTS.—The report required 
under subparagraph (A), at a minimum, shall—
‘‘(i) identify each permit, and associ-
ated remediating party, issued under this 
subsection; 
‘‘(ii) identify the abandoned or inac-
tive mine land addressed by each permit 
(including the waterbodies and baseline 
water quality of the waterbodies affected 
by the land); 
‘‘(iii) summarize the remediation plan 
associated with each permit issued under 
this subsection, including—
‘‘(I) the goals and objectives of 
the plan; 
‘‘(II) the plan budget; and 
‘‘(III) the practices to be em-
ployed according to the plan to re-
duce, control, mitigate, or eliminate 
adverse water quality impacts;
abandoned or inactive mined land waste remediation 
permit terminates on the date that is 10 years after 
the date of enactment of this subsection. 
‘‘(13) ELIGIBLE AREAS.—
‘‘(A) SITES.—Permits under this sub-
section shall be issued only for reclamation of 
lands and waters—
‘‘(i) located in States that include 
lands subject to the general mining laws; 
‘‘(ii) that were but are no longer ac-
tively mined for hardrock minerals (and 
not in temporary shutdown) as of the date 
of enactment of this subsection; and 
‘‘(iii) that are not identified for reme-
dial action under the Comprehensive Envi-
ronmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and for which there is no identifiable 
owner or operator for the mine or mine fa-
cilities; 
‘‘(iv) that are not designated for re-
medial action pursuant to the Uranium 
Mill Tailings Radiation Control Act of 
1978 (42 U.S.C. 7901 et seq.); and
‘‘(v) for which no evidence exists that 
the lands contain minerals which could 
economically be extracted through the min-
ing, reprocessing, or remining of such 
lands. 
‘‘(B) DEFINITIONS.—In this paragraph, 
the following definitions apply: 
‘‘(i) The term ‘hardrock minerals’ 
means any mineral other than a mineral 
that would be subject to any of the fol-
lowing if located on land subject to the 
general mining laws: 
‘‘(I) The Mineral Leasing Act 
(30 U.S.C. 181 et seq.). 
‘‘(II) The Geothermal Steam Act 
of 1970 (30 U.S.C. 100 et seq.). 
‘‘(III) The Act of July 31, 1947, 
commonly known as the Materials Act 
of 1947 (30 U.S.C. 601 et seq.). 
‘‘(IV) The Mineral Leasing Act 
for Acquired Lands (30 U.S.C. 351 et 
seq.). 
‘‘(ii) The term ‘general mining laws’ 
means those provisions of law that gen-
erally comprise chapters 2, 12A, and 16
and sections 161 and 162 of title 30, 
United States Code.’’.
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