(ii) a public hearing, if requested. 
(f) CONTENT OF PERMITS.— 
(1) IN GENERAL.—A Good Samaritan permit 
shall contain— 
(A) the information described in subsection 
(c), including any modification required by the 
Administrator; 
(B)(i) a provision that states that the 
Good Samaritan is responsible for securing, for 
all activities authorized under the Good Samari-
tan permit, all authorizations, licenses, and per-
mits that are required under applicable law ex-
cept for— 
(I) section 301, 302, 306, 307, 402, 
or 404 of the Federal Water Pollution 
Control Act (33 U.S.C. 1311, 1312, 1316, 
1317, 1342, 1344); and 
(II) authorizations, licenses, and per-
mits that would not need to be obtained if 
the remediation was conducted pursuant to 
section 121 of the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9621); or 
(ii) in the case of an abandoned hardrock 
mine site in a State that is authorized to imple-
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ment State law pursuant to section 402 or 404 
of the Federal Water Pollution Control Act (33 
U.S.C. 1342, 1344) or on land of an Indian 
tribe that is authorized to implement Tribal law 
pursuant to that section, a provision that states 
that the Good Samaritan is responsible for se-
curing, for all activities authorized under the 
Good Samaritan permit, all authorizations, li-
censes, and permits that are required under ap-
plicable law, except for— 
(I) the State or Tribal law, as applica-
ble; and 
(II) authorizations, licenses, and per-
mits that would not need to be obtained if 
the remediation was conducted pursuant to 
section 121 of the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9621); 
(C) specific public notification require-
ments, including the contact information for all 
appropriate response centers in accordance with 
subsection (o); 
(D) in the case of a project on land owned 
by the United States, a notice that the Good 
Samaritan permit serves as an agreement for 
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use and occupancy of Federal land that is en-
forceable by the applicable Federal land man-
agement agency; and 
(E) any other terms and conditions deter-
mined to be appropriate by the Administrator 
or the Federal land management agency, as ap-
plicable. 
(2) FORCE MAJEURE.—A Good Samaritan per-
mit may include, at the request of the Good Samari-
tan, a provision that a Good Samaritan may assert 
a claim of force majeure for any violation of the 
Good Samaritan permit caused solely by— 
(A) an act of God; 
(B) an act of war; 
(C) negligence on the part of the United 
States; 
(D) an act or omission of a third party, if 
the Good Samaritan— 
(i) exercises due care with respect to 
the actions of the Good Samaritan under 
the Good Samaritan permit, as determined 
by the Administrator; 
(ii) took precautions against foresee-
able acts or omissions of the third party, 
as determined by the Administrator; and 
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(iii) uses reasonable efforts— 
(I) to anticipate any potential 
force majeure; and 
(II) to address the effects of any 
potential force majeure; or 
(E) a public health emergency declared by 
the Federal Government or a global govern-
ment, such as a pandemic or an epidemic. 
(3) MONITORING.— 
(A) IN
GENERAL.—The Good Samaritan 
shall take such actions as the Good Samaritan 
permit requires to ensure appropriate baseline 
conditions monitoring, monitoring during the 
remediation project, and post-remediation moni-
toring of the environment under paragraphs (7) 
and (14) of subsection (c). 
(B) MULTIPARTY MONITORING.—The Ad-
ministrator may approve in a Good Samaritan 
permit the monitoring by multiple cooperating 
persons if, as determined by the Adminis-
trator— 
(i) the multiparty monitoring will ef-
fectively accomplish the goals of this sec-
tion; and 
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(ii) the Good Samaritan remains re-
sponsible for compliance with the terms of 
the Good Samaritan permit. 
(4) OTHER DEVELOPMENT.— 
(A) NO
AUTHORIZATION
OF
MINING
AC-
TIVITIES.—No mineral exploration, processing, 
beneficiation, or mining shall be— 
(i) authorized by this Act; or 
(ii) covered by any waiver of liability 
provided by this Act from applicable law. 
(B) REPROCESSING
OF
MATERIALS.—A 
Good Samaritan may reprocess materials recov-
ered during the implementation of a remedi-
ation plan only if— 
(i) the project under the Good Samar-
itan permit is on land owned by the United 
States; 
(ii) the applicable Federal land man-
agement agency has signed a decision doc-
ument under subsection (l)(2)(G) approv-
ing reprocessing as part of a remediation 
plan; 
(iii) the proceeds from the sale or use 
of the materials are used— 
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(I) to defray the costs of the re-
mediation; and 
(II) to the extent required by the 
Good Samaritan permit, to reimburse 
the Administrator or the head of a 
Federal land management agency for 
the purpose of carrying out this Act; 
(iv) any remaining proceeds are de-
posited into the appropriate Good Samari-
tan Mine Remediation Fund established by 
section 5(a); and 
(v) the materials only include historic 
mine residue. 
(C) CONNECTION
WITH
OTHER
ACTIVI-
TIES.—The commingling or association of any 
other discharge of water or historic mine res-
idue or any activity, project, or operation con-
ducted on or after the date of enactment of this 
Act with any aspect of a project subject to a 
Good Samaritan permit shall not limit or re-
duce the liability of any person associated with 
the other discharge of water or historic mine 
residue or activity, project, or operation. 
(g) ADDITIONAL WORK.—A Good Samaritan permit 
may (subject to subsection (r)(5) in the case of a project 
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located on Federal land) allow the Good Samaritan to re-
turn to the abandoned hardrock mine site after the com-
pletion of the remediation to perform operations and 
maintenance or other work— 
(1) to ensure the functionality of completed re-
mediation activities at the abandoned hardrock mine 
site; or 
(2) to protect public health and the environ-
ment. 
(h) TIMING.—Work authorized under a Good Samar-
itan permit— 
(1) shall commence, as applicable— 
(A) not later than the date that is 18 
months after the date on which the Adminis-
trator granted the Good Samaritan permit, un-
less the Administrator grants an extension 
under subsection (r)(2)(A); or 
(B) if the grant of the Good Samaritan 
permit is the subject of a petition for judicial 
review, not later than the date that is 18 
months after the date on which the judicial re-
view, including any appeals, has concluded; and 
(2) shall continue until completed, with tem-
porary suspensions permitted during adverse weath-
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er or other conditions specified in the Good Samari-
tan permit. 
(i) TRANSFER OF PERMITS.—A Good Samaritan per-
mit may be transferred to another person only if— 
(1) the Administrator determines that the 
transferee qualifies as a Good Samaritan; 
(2) the transferee signs, and agrees to be bound 
by the terms of, the permit; 
(3) the Administrator includes in the trans-
ferred permit any additional conditions necessary to 
meet the goals of this section; and 
(4) in the case of a project under the Good Sa-
maritan permit on land owned by the United States, 
the head of the applicable Federal land management 
agency approves the transfer. 
(j) ROLE OF ADMINISTRATOR AND FEDERAL LAND 
MANAGEMENT AGENCIES.—In carrying out this section— 
(1) the Administrator shall— 
(A) consult with prospective applicants; 
(B) convene, coordinate, and lead the ap-
plication review process; 
(C) maintain all records relating to the 
Good Samaritan permit and the permit process; 
(D) in the case of a proposed project on 
State, Tribal, or private land, provide an oppor-
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tunity for cooperating persons and the public to 
participate in the Good Samaritan permit proc-
ess, including— 
(i) carrying out environmental review 
and public comment procedures pursuant 
to subsection (l); and 
(ii) a public hearing, if requested; and 
(E) enforce and otherwise carry out this 
section; and 
(2) the head of an applicable Federal land man-
agement agency shall— 
(A) in the case of a proposed project on 
land owned by the United States, provide an 
opportunity for cooperating persons and the 
public to participate in the Good Samaritan 
permit process, including— 
(i) carrying out environmental review 
and public comment procedures pursuant 
to subsection (l); and 
(ii) a public hearing, if requested; and 
(B) in coordination with the Adminis-
trator, enforce Good Samaritan permits issued 
under this section for projects on land owned by 
the United States. 
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(k) STATE, LOCAL, AND TRIBAL GOVERNMENTS.— 
As soon as practicable, but not later than 14 days after 
the date on which the Administrator receives an applica-
tion for the remediation of an abandoned hardrock mine 
site under this section that, as determined by the Adminis-
trator, is complete and meets all applicable requirements 
of subsection (c), the Administrator shall provide notice 
and a copy of the application to— 
(1) each local government with jurisdiction over 
a drinking water utility, and each Indian tribe with 
reservation or off-reservation treaty rights to land or 
water, located downstream from or otherwise near a 
proposed remediation project that is reasonably an-
ticipated to be impacted by the remediation project 
or a potential release of contaminants from the 
abandoned hardrock mine site, as determined by the 
Administrator; 
(2) each Federal, State, and Tribal agency that 
may have an interest in the application; and 
(3) in the case of an abandoned hardrock mine 
site that is located partially or entirely on land 
owned by the United States, the Federal land man-
agement agency with jurisdiction over that land. 
(l) ENVIRONMENTAL REVIEW
AND PUBLIC COM-
MENT.— 
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(1) IN
GENERAL.—Before the issuance of a 
Good Samaritan permit to carry out a project for 
the remediation of an abandoned hardrock mine site, 
the Administrator shall ensure that environmental 
review and public comment procedures are carried 
out with respect to the proposed project. 
(2) RELATION TO NEPA.— 
(A) MAJOR FEDERAL ACTION.—Subject to 
subparagraph (F), the issuance or modification 
of a Good Samaritan permit by the Adminis-
trator shall be considered a major Federal ac-
tion for purposes of section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4332). 
(B) LEAD AGENCY.—The lead agency for 
purposes of an environmental assessment and 
public comment under this subsection shall 
be— 
(i) in the case of a proposed project 
on land owned by the United States that 
is managed by only 1 Federal land man-
agement agency, the applicable Federal 
land management agency; 
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(ii) in the case of a proposed project 
entirely on State, Tribal, or private land, 
the Administrator; 
(iii) in the case of a proposed project 
partially on land owned by the United 
States and partially on State, Tribal, or 
private land, the applicable Federal land 
management agency; and 
(iv) in the case of a proposed project 
on land owned by the United States that 
is managed by more than 1 Federal land 
management agency, the Federal land 
management agency selected by the Ad-
ministrator to be the lead agency, after 
consultation with the applicable Federal 
land management agencies. 
(C) COORDINATION.—To the maximum ex-
tent practicable, the lead agency described in 
subparagraph (B) shall coordinate procedures 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) with State, Trib-
al, and Federal cooperating agencies, as appli-
cable. 
(D) COOPERATING AGENCY.—In the case 
of a proposed project on land owned by the 
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defined), the head of the lead agency shall 
not issue a Good Samaritan permit for the 
proposed project. 
(G) DECISION
DOCUMENT.—An approval 
or denial of a Good Samaritan permit may be 
issued as a single decision document that is 
signed by— 
(i) the Administrator; and 
(ii) in the case of a project on land 
owned by the United States, the head of 
the applicable Federal land management 
agency. 
(H) LIMITATION.—Nothing in this para-
graph exempts the Secretary of Agriculture or 
the Secretary of the Interior, as applicable, 
from any other requirements of section 102 of 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4332). 
(m) PERMIT GRANT.— 
(1) IN
GENERAL.—The Administrator may 
grant a Good Samaritan permit to carry out a 
project for the remediation of an abandoned 
hardrock mine site only if— 
(A) the Administrator determines that— 
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(i) the person seeking the permit is a 
Good Samaritan; 
(ii) the application described in sub-
section (c) is complete; 
(iii) the project is designed to reme-
diate historic mine residue at the aban-
doned hardrock mine site to protect human 
health and the environment; 
(iv) the proposed project is designed 
to meet all other goals, as determined by 
the Administrator, including any goals set 
forth in the application for the Good Sa-
maritan permit that are accepted by the 
Administrator; 
(v) the proposed activities, as com-
pared to the baseline conditions described 
in the permit, will make measurable 
progress toward achieving— 
(I) 
applicable 
water 
quality 
standards; 
(II) improved soil quality; 
(III) improved sediment quality; 
(IV) other improved environ-
mental or safety conditions; or 
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(V) reductions in threats to soil, 
sediment, or water quality or other 
environmental or safety conditions; 
(vi) the applicant has— 
(I) demonstrated that the appli-
cant has the proper and appropriate 
experience and capacity to complete 
the permitted work; 
(II) demonstrated that the appli-
cant will complete the permitted work; 
(III) the financial and other re-
sources to address any contingencies 
identified in the Good Samaritan per-
mit application described in sub-
sections (b) and (c); 
(IV) granted access and provided 
the authority to review the records of 
the applicant relevant to compliance 
with the requirements of the Good Sa-
maritan permit; and 
(V) demonstrated, to the satisfac-
tion of the Administrator, that— 
(aa) the applicant has, or 
has access to, the financial re-
sources to complete the project 
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described in the Good Samaritan 
permit application, including any 
long-term monitoring and oper-
ations and maintenance that the 
Administrator may require the 
applicant to perform in the Good 
Samaritan permit; or 
(bb) the applicant has estab-
lished a third-party financial as-
surance mechanism, such as a 
corporate guarantee from a par-
ent or other corporate affiliate, 
letter of credit, trust, surety 
bond, or insurance to assure that 
funds are available to complete 
the permitted work, including for 
operations and maintenance and 
to 
address 
potential 
contin-
gencies, that— 
(AA) 
establishes 
the 
Administrator or the head of 
the Federal land manage-
ment agency as the bene-
ficiary of the third-party fi-
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nancial 
assurance 
mecha-
nism; and 
(BB) allows the Admin-
istrator to retain and use 
the funds from the financial 
assurance mechanism in the 
event the Good Samaritan 
does not complete the reme-
diation under the Good Sa-
maritan permit; and 
(vii) the project meets the require-
ments of this Act; 
(B) the State or Indian tribe with jurisdic-
tion over land on which the abandoned 
hardrock mine site is located has been given an 
opportunity to review and, if necessary, com-
ment on the grant of the Good Samaritan per-
mit; 
(C) in the case of a project proposed to be 
carried out under the Good Samaritan permit 
partially or entirely on land owned by the 
United States, pursuant to subsection (l), the 
head of the applicable Federal land manage-
ment agency has signed a decision document 
approving the proposed project; and 
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(D) the Administrator or head of the Fed-
eral land management agency, as applicable, 
has provided— 
(i) environmental review and public 
comment procedures required by sub-
section (l); and 
(ii) a public hearing under that sub-
section, if requested. 
(2) DEADLINE.— 
(A) IN
GENERAL.—The Administrator 
shall grant or deny a Good Samaritan permit 
by not later than— 
(i) the date that is 180 days after the 
date of receipt by the Administrator of an 
application for the Good Samaritan permit 
that, as determined by the Administrator, 
is complete and meets all applicable re-
quirements of subsection (c); or 
(ii) such later date as may be deter-
mined by the Administrator with notifica-
tion provided to the applicant. 
(B) CONSTRUCTIVE DENIAL.—If the Ad-
ministrator fails to grant or deny a Good Sa-
maritan permit by the applicable deadline de-
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