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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cleanup of Inactive 
and Abandoned Mines Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
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(1) the Federal Government and State govern-
ments encouraged hard rock mining in the United 
States through a wide variety of laws, policies, and 
actions; 
(2) mining operations produce metals and min-
erals with important social benefits and values; 
(3) many areas in which historic mining took 
place in the United States are now inactive and 
abandoned mine sites; 
(4) the mining activities that took place prior to 
the enactment of modern environmental laws often 
disturbed public and private land, and those disturb-
ances led to environmental pollution, including the 
discharge of pollutants to surface water and ground-
water; 
(5) many of the individuals and corporate own-
ers and operators of those mines, the actions of 
which caused that pollution, are no longer alive or 
in existence; 
(6) many of those mine sites have polluted the 
environment for more than a century and will con-
tinue to do so indefinitely unless remediated; 
(7) unabated discharges from inactive and 
abandoned mines will continue to pollute surface 
water, groundwater, and soils; 
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(8) many of the streams and waterbodies im-
pacted by acid mine drainage are important re-
sources for fish and wildlife, recreation, drinking 
water, agriculture, and other public purposes; 
(9) because some of the remaining owners and 
operators of mine sites do not have resources that 
are adequate to conduct remediation properly under 
applicable environmental laws, for all practical pur-
poses, no person is responsible for the cleanup of 
pollution from those sites; 
(10) from time to time, individuals and compa-
nies are willing to remediate historic mine sites for 
the public good as Good Samaritans, despite the fact 
that those individuals and companies are not legally 
required to remediate the mine sites; 
(11) Good Samaritan remediation activities 
may— 
(A) vary in size and complexity; 
(B) reflect the myriad methods in which 
mine residue may be cleaned up; and 
(C) include, among other activities— 
(i) the relocation or management of 
tailings or other waste piles; 
(ii) passive or active water treatment; 
(iii) runoff or run-on controls; and 
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(iv) the use or reprocessing of, or re-
moval of materials from, mine residue; 
(12) the potential environmental liabilities that 
may attach to Good Samaritans as a result of the 
remediation can dissuade potential Good Samaritans 
from acting for the public good; 
(13) it is in the interest of the United States, 
the States, and local communities to remediate his-
toric mine sites, in appropriate circumstances and to 
the maximum extent practicable, so that detrimental 
environmental impacts of the sites are lessened in 
the future; and 
(14) if appropriate protections are provided for 
Good Samaritans, Good Samaritans will have a 
greater incentive to remediate those sites for the 
public good. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to encourage partial or complete remedi-
ation of inactive and abandoned mine sites for the 
public good by persons that are not otherwise legally 
responsible for the remediation; 
(2) to provide appropriate protections for Good 
Samaritans under applicable environmental laws; 
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(3) to ensure that remediation performed by 
Good Samaritans creates actual and significant envi-
ronmental benefits; 
(4) to ensure that remediation by Good Samari-
tans is carried out— 
(A) with the approval and agreement, and 
in the discretion, of affected Federal, State, and 
local authorities and with review by the public; 
and 
(B) in a manner that is beneficial to the 
environment and all affected communities; 
(5) to create an efficient permit process under 
which the cost and complexity of obtaining a permit 
are commensurate with the scope of remediation 
work to be completed and the environmental benefits 
from the work; 
(6) to avoid permitting for ongoing, for-profit 
businesses that specialize in multiple Good Samari-
tan projects that are designed to be permitted out-
side otherwise applicable Federal, State, and local 
environmental laws; 
(7) to ensure that the protections for Good Sa-
maritans provided in this Act are interpreted in ac-
cordance with the purposes of this Act and to en-
hance the public good; and 
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(8) to further innovation and cooperation 
among the Federal Government, State governments, 
private individuals, and corporations to accelerate 
conservation and environmental restoration. 
SEC. 3. REMEDIATION OF INACTIVE OR ABANDONED MINES 
BY GOOD SAMARITANS. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COOPERATING AGENCY.—The term ‘‘cooper-
ating agency’’ means any Federal, State, tribal, or 
local agency or other person (other than the Admin-
istrator) that— 
(A) is authorized under Federal or State 
law, tribal, or local ordinance, to participate in 
issuing a permit under this section; and 
(B) elects to participate in the process of 
issuing the permit. 
(3) ENVIRONMENTAL
LAW.—The term ‘‘envi-
ronmental law’’ includes— 
(A) the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.); 
(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
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(C) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); 
(D) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(E) applicable environmental laws of a 
State or Indian tribe; and 
(F) applicable environmental ordinances of 
a political subdivision of a State or Indian tribe. 
(4) GOOD SAMARITAN.—The term ‘‘Good Sa-
maritan’’ means a person that, with respect to his-
toric mine residue— 
(A) had no role in the creation of the his-
toric mine residue; 
(B) had no role in creating the environ-
mental pollution caused by the historic mine 
residue; and 
(C) is not liable under any Federal, State, 
tribal, or local law for the remediation of the 
historic mine residue. 
(5) HISTORIC MINE RESIDUE.— 
(A) IN
GENERAL.—The term ‘‘historic 
mine residue’’ means mine residue or conditions 
at an inactive or abandoned mine site that pol-
lute the environment. 
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(B) 
INCLUSIONS.—The 
term 
‘‘historic 
mine residue’’ includes, among other mate-
rials— 
(i) previously mined ores and minerals 
that directly contribute to acid mine drain-
age or other pollution; 
(ii) equipment (or materials in equip-
ment); 
(iii) wastes or materials from extrac-
tions, beneficiation, or other processing; 
and 
(iv) acidic or otherwise polluted flows 
in surface water or groundwater. 
(6) INACTIVE OR ABANDONED MINE SITE; MINE 
SITE.—The terms ‘‘inactive or abandoned mine site’’ 
and ‘‘mine site’’ mean the site of a mine and associ-
ated facilities that— 
(A) were used for the production of a min-
eral other than coal; 
(B) have historic mine residue; and 
(C) are abandoned or inactive as of the 
date on which an application is submitted for a 
permit under this section. 
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
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Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(8) PERMITTING AUTHORITY.—The term ‘‘per-
mitting authority’’ means— 
(A) the Administrator; or 
(B) a State or Indian tribe with a Good 
Samaritan program approved under subsection 
(d). 
(9) PERSON.—The term ‘‘person’’ includes— 
(A) an individual; 
(B) a firm; 
(C) a corporation; 
(D) an association; 
(E) a partnership; 
(F) a consortium; 
(G) a joint venture; 
(H) a commercial entity; 
(I) a nonprofit organization; 
(J) the Federal Government; 
(K) a State; 
(L) a political subdivision of a State; 
(M) an interstate entity; 
(N) a commission; and 
(O) an Indian tribe. 
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(b) PERMITS.—The permitting authority may issue 
a permit to a Good Samaritan to carry out a project to 
remediate all or part of an inactive or abandoned mine 
site in accordance with this section. 
(c) ELIGIBILITY FOR PERMITS.— 
(1) IN GENERAL.—To be eligible for a permit 
to carry out a project to remediate an inactive or 
abandoned mine site under this section— 
(A) the mine site shall be located in the 
United States; 
(B) the principal purpose of the project 
shall be the reduction of pollution caused by 
historic mine residue; 
(C) the mine site may not be a mine site 
included on the national priorities list under 
section 105(a)(8)(B) of the Comprehensive En-
vironmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9605(a)(8)(B)); 
(D) the permit shall authorize only those 
activities that are directly required for the re-
mediation of historic mine residue at the mine 
site; 
(E) the person obtaining the permit shall 
be a Good Samaritan; and 
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(F) a State or tribal program described in 
paragraph (1) or (3) of subsection (d) shall be 
in effect for remediation of the mine site. 
(2) OTHER
ACTIVITIES.—Any activity other 
than the activities described in paragraph (1)(D) 
conducted by the permittee or any other person at 
the mine site (including, without limitation, any 
mining or processing in addition to that required for 
the remediation of historic mine residue for the pub-
lic good)— 
(A) shall not be authorized under a permit 
issued under this section; and 
(B) may be authorized under other appli-
cable laws, including environmental laws. 
(d) STATE OR TRIBAL PROGRAM.— 
(1) PROGRAM.— 
(A) IN GENERAL.—Before a permit may be 
issued by a State or Indian tribe to carry out 
a project under this Act, the State or Indian 
tribe shall have in effect a voluntary Good Sa-
maritan program approved by the Adminis-
trator. 
(B) APPLICATION.— 
(i) IN
GENERAL.—The Governor of 
any State, or the head of the governing 
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body of an Indian tribe, may submit to the 
Administrator, at any time, an application 
to administer a Good Samaritan program 
for activities under the jurisdiction of the 
State or Indian tribe. 
(ii) REQUIREMENTS.—An application 
submitted under clause (i) shall include— 
(I) a complete and detailed de-
scription of the permit program pro-
posed to be administered under State 
or tribal law; and 
(II) a statement from the State 
attorney general or an equivalent trib-
al official that the laws of the State or 
Indian tribe provide adequate author-
ity to carry out the proposed program. 
(iii) APPROVAL
OR
DISAPPROVAL.— 
The Administrator shall approve an appli-
cation received under clause (i) not later 
than 120 days after the date of receipt of 
the application unless the Administrator 
determines that the applicable State or In-
dian tribe does not meet the requirements 
described in paragraph (2). 
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(2) REQUIREMENTS.—A State or Indian tribe 
that seeks to administer a Good Samaritan program 
shall— 
(A) agree to participate as a permit signa-
tory in the issuance of permits for each project 
for which a State or tribal permit for remedi-
ation in the State or relevant area under the ju-
risdiction of the Indian tribe is issued under 
this section; 
(B) designate a lead State or tribal agency 
that is responsible for carrying out permitting 
responsibilities of the State or Indian tribe 
under this section; 
(C) provide an opportunity for judicial re-
view in State court, or by the tribal body that 
exercises judicial functions of an Indian tribe, 
of the final decision by the State or Indian tribe 
which approves or denies a permit application 
under this Act in accordance with the standard 
described in subsection (p); 
(D) possess legal authority to implement a 
Good Samaritan program with program ele-
ments consistent with those described in this 
Act, including State or tribal enforcement au-
thorities; 
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(E) agree to carry out the program in ac-
cordance with this Act (except that a State or 
Indian tribe shall not be precluded from omit-
ting or modifying any program element for the 
purpose of imposing requirements that are 
more protective of the environment); and 
(F) provide for and encourage public par-
ticipation in the permitting process. 
(3) STATES
AND
INDIAN
TRIBES
WITHOUT 
GOOD
SAMARITAN
PROGRAMS.—In the case of a 
State or Indian tribe without a Good Samaritan pro-
gram approved under subsection (d), the Adminis-
trator shall issue permits for Good Samaritan 
projects if the State or Indian tribe— 
(A) agrees to participate as a permit signa-
tory in the issuance of permits for each project 
for which a permit for remediation in the State 
or on that tribal land is issued under this sec-
tion; 
(B) agrees that a permittee shall comply 
with the terms and conditions of the permit in 
lieu of compliance with applicable environ-
mental laws specifically described in the permit 
in accordance with subsection (h)(1)(B); 
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(C) authorizes State or tribal agencies and 
political subdivisions of the State or Indian 
tribe to participate in the permit process under 
this section, as appropriate, and assist in pro-
viding the resources to enable that participa-
tion; and 
(D) designates a lead State or tribal agen-
cy that is responsible to carry out permitting 
responsibilities of the State or Indian tribe 
under this section. 
(e) APPLICATION FOR PERMITS.—To obtain a permit 
to carry out a project to remediate an inactive or aban-
doned mine site under this section, an applicant shall sub-
mit to the permitting authority an application, signed by 
the applicant, that provides— 
(1) a description of the mine site (including the 
boundaries of the mine site); 
(2) an identification of— 
(A) any current owner or operator of the 
mine site; and 
(B) any person with a legal right to ex-
clude other persons from the mine site or affect 
activities on the mine site, with a description of 
those legal rights; 
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(3) evidence satisfactory to the permitting au-
thority that the applicant has or will acquire all legal 
rights necessary to enter the mine site and to per-
form the remediation described in the application; 
(4) a description, based on the conduct of an 
inquiry that is reasonable under the circumstances, 
of— 
(A) prior owners and operators of the site 
(including the current location or business oper-
ations of those owners and operators); 
(B) the mining activities that occurred at 
the site; and 
(C) any relationship between those persons 
and the applicant; 
(5) a certification that the applicant knows of 
no other person that (as of the date of submission 
of the application)— 
(A) is responsible for the remediation of 
the mine site; and 
(B) has sufficient resources to complete 
the remediation; 
(6) a detailed description of the historic mine 
residue to be remediated; 
(7) a description of the baseline conditions (as 
of the date of submission of the application) of the 
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environment affected by the historic mine residue to 
be remediated; 
(8) a description of— 
(A) the nature and scope of the proposed 
remediation; and 
(B) detailed engineering plans for the 
project; 
(9) a description of the manner in which the re-
mediation will assist the mine site in meeting, to the 
maximum extent reasonable and practicable under 
the circumstances, water quality standards; 
(10) an identification, based on an inquiry that 
is reasonable under the circumstances, of any sig-
nificant adverse effects on the environment that 
could reasonably be likely to occur if the permittee 
fails to properly implement the proposed remediation 
in accordance with the engineering plans; 
(11) a schedule for the work to be carried out 
under the project; 
(12) a budget for the work to be carried out 
under the project; 
(13) a description of financial assurances, if 
any, to be provided by the permittee to ensure that 
the permitted work, including any operation and 
maintenance, will be completed; 
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(14) a description of a monitoring program fol-
lowing remediation (if any) that will be implemented 
to evaluate the effects of the remediation on the en-
vironment; 
(15) a detailed plan for the required operation 
and maintenance of any remediation; and 
(16) a list of all environmental laws for which 
the applicant seeks the protection described in para-
graphs (1) and (2) of subsection (g). 
(f) PERMIT ISSUANCE.— 
(1) IN
GENERAL.—The permitting authority 
may issue a permit under this section to carry out 
a project for the remediation of an inactive or aban-
doned mine site only if— 
(A) the permitting authority determines 
that— 
(i) the project will improve the envi-
ronment on or in the area of the mine site 
to a significant degree, as determined by 
the permitting authority; 
(ii) the project will meet applicable 
water quality standards, to the maximum 
extent reasonable and practicable under 
the circumstances; 
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(iii) the permittee has the financial 
and other resources to complete, and will 
complete, the permitted work; 
(iv) the permittee has the financial 
and other resources to address any contin-
gencies identified in the permit application 
pursuant to subsection (e)(10) (except that 
the permitting authority may waive the re-
quirements of this clause with respect to a 
project that has a budget of less than 
$300,000); and 
(v) the project meets the requirements 
of this section; 
(B) with respect to a State or Indian tribe 
without a Good Samaritan program approved 
under subsection (d), the State or Indian tribe 
concurs with the issuance of, and signs, the 
permit; 
(C) if the permit provides protection for 
the permittee under an environmental law of a 
political subdivision of a State or Indian tribe 
in accordance with paragraphs (1) and (2) of 
subsection (g), the political subdivision concurs 
with the issuance of, and signs, the permit; and 
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(D) if the proposed project is to be carried 
out on Federal land, each State or Indian tribe 
(or political subdivision of the State or Indian 
tribe) within which the Federal land is located 
meets the requirements of subparagraphs (B) 
and (C). 
(2) DISCRETIONARY ACTIONS.—The issuance of 
a permit by the permitting authority, and the con-
currence of the affected State or Indian tribe (and 
political subdivisions of the State or Indian tribe) to 
participate in the permit process, shall be discre-
tionary actions and shall be taken in the public in-
terest. 
(3) COMPLIANCE WITH NEPA.—No action of a 
permitting authority or any other person under this 
section shall be required to comply with section 102 
of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332). 
(4) DEADLINE.— 
(A) IN GENERAL.—The permitting author-
ity shall issue or deny a permit for the remedi-
ation of a mine site not later than— 
(i) the date that is 180 days after the 
date of receipt by the permitting authority 
of an application for the permit that, as 
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determined by the permitting authority, is 
complete; or 
(ii) such later date as may be deter-
mined by the permitting authority with the 
agreement of the applicant. 
(B) CONSTRUCTIVE DENIAL.—If the per-
mitting authority fails to issue or deny the per-
mit in accordance with subparagraph (A), the 
application shall be considered to be denied by 
the permitting authority. 
(5) REVIEW
FOR
CERTAIN
PROJECTS.—A 
project that, as determined by the permitting au-
thority, would be less complex, or pose less risk, 
than other projects under review by the permitting 
authority for a permit under this section, may be re-
viewed, at the discretion of the permitting authority, 
under a more simple and rapid review process (in-
cluding the conduct of a public hearing upon request 
by an interested person) under this subsection. 
(g) EFFECT OF PERMITS.— 
(1) IN GENERAL.—A permit issued under this 
section to carry out a project for the remediation of 
an inactive or abandoned mine site— 
(A) authorizes the permittee to carry out 
the activities described in the permit; 
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(B) authorizes enforcement under this sec-
tion; and 
(C) provides to the permittee, in carrying 
out the activities authorized under the permit, 
protection from actions taken, obligations, and 
liabilities arising under the environmental laws 
specified in the permit. 
(2) CROSS-COMPLIANCE.—A permittee shall 
comply with the terms and conditions of a permit 
issued under this section in lieu of compliance with 
the environmental laws specified in the permit with 
respect to the work authorized under the permit. 
(3) OFF-SITE DISPOSAL.—A permit issued pur-
suant to this Act shall not relieve the permittee of 
the obligation to comply with any applicable provi-
sion of the Toxic Substances Control Act (15 U.S.C. 
2601 et seq.) or the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.) relating to the off-site disposal 
of any waste or material removed from the applica-
ble inactive or abandoned mine site. 
(h) CONTENT OF PERMITS.— 
(1) IN GENERAL.—A permit issued under this 
section shall contain— 
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(A) a detailed description of the engineer-
ing and other work that is authorized under the 
permit; 
(B) a specific list of environmental laws, or 
selected provisions of environmental laws, with 
respect to which compliance with the permit will 
operate in lieu of compliance with the laws; 
(C) a provision that states that the per-
mittee is responsible for securing, for all activi-
ties authorized under the permit, all authoriza-
tions, licenses, and permits that are required 
under applicable law, other than the environ-
mental laws described in subsection (g)(2); and 
(D) any other terms and conditions that 
are determined to be appropriate by the permit-
ting authority. 
(2) FORCE MAJEURE.—A permit issued under 
this section may include, at the request of the Good 
Samaritan, a force majeure provision. 
(3) INVESTIGATIVE SAMPLING.— 
(A) IN GENERAL.—A permit may identify 
an appropriate program of investigative sam-
pling to be completed prior to remediation, as 
determined by the permitting authority upon 
application. 
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(B) OPTION TO DECLINE REMEDIATION.— 
In the event that investigative sampling is au-
thorized, the permit may allow the permittee to 
decline to undertake remediation based upon 
sampling results. 
(C) PERMIT MODIFICATION.—Based upon 
sampling results, a permittee may apply for a 
permit modification using the permit proce-
dures in this Act. 
(4) TIMING.—Work authorized under a per-
mit— 
(A) shall commence not later than the date 
that is 18 months after the date of issuance of 
the permit; and 
(B) shall continue until completed, with 
temporary suspensions permitted during ad-
verse weather or other conditions specified in 
the permit. 
(5) SIGNATURE BY PERMITTEE.—The signature 
of the permittee on the permit shall be considered to 
be an acknowledgment by the permittee that the 
permittee accepts the terms and conditions of the 
permit. 
(6) TRANSFER OF PERMITS.—A permit may be 
transferred to another person only if— 
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(A) the permitting authority determines 
that the transferee qualifies as a Good Samari-
tan; 
(B) the transferee signs, and agrees to be 
bound by the terms of, the permit; and 
(C) the permitting authority includes in 
the transferred permit any additional conditions 
necessary to meet the goals of this section. 
(7) TERMINATION OF PERMIT.—The authority 
to carry out work under a permit issued under this 
section shall terminate if the work does not com-
mence by the date that is 18 months after the date 
of issuance of the permit. 
(i) ROLE OF PERMITTING AUTHORITY.—In carrying 
out this section, the permitting authority shall— 
(1) consult with prospective applicants; 
(2) accept permit applications under this sec-
tion; 
(3) convene, coordinate, and lead the applica-
tion review process; 
(4) maintain all records relating to the permit 
and the permit process; 
(5) provide an opportunity for cooperating 
agencies and the public to participate in the permit 
process; 
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(C) each Federal, State, and tribal agency 
that the permitting authority determines may 
have an interest in the application. 
(2) COPY OF APPLICATION.—The notice shall 
include a copy of the application. 
(l) PUBLIC
NOTICE
OF
RECEIPT
OF
APPLICA-
TIONS.— 
(1) IN GENERAL.—On receipt of a complete ap-
plication for the remediation of an inactive or aban-
doned mine site under this Act, the permitting au-
thority shall, not later than 30 days after receipt of 
the application, provide to the public a notice that— 
(A) describes— 
(i) the location of the mine site; 
(ii) the scope and nature of the pro-
posed remediation; and 
(iii) the name of the Good Samaritan 
applying for a permit to carry out the pro-
posed remediation; and 
(B) provides to the public a means of view-
ing or obtaining the application. 
(2) HEARING.— 
(A) IN GENERAL.—Before the date of per-
mit issuance, the permitting authority shall 
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hold a public hearing in the vicinity of the mine 
site to be remediated. 
(B) NOTICE.—Not later than 30 days be-
fore the date of the hearing, the permitting au-
thority shall provide the public with notice of 
the hearing and a draft permit. 
(C) COMMENTS.—The permitting authority 
shall provide the applicant and the public with 
the opportunity— 
(i) to comment on the draft permit at 
the public hearing; and 
(ii) to submit written comments to the 
permitting authority during the 30-day pe-
riod following the date of the hearing. 
(m) MONITORING.— 
(1) IN
GENERAL.—The permittee shall take 
such actions as the permitting authority determines 
are necessary to ensure appropriate baseline moni-
toring, monitoring during the remediation project, 
and post-remediation monitoring of the environment 
under paragraphs (7) and (13) of subsection (e). 
(2) ADMINISTRATION.—When selecting the type 
and frequency of the monitoring requirements to be 
included in a permit, if any, the permitting authority 
shall— 
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(A) balance the need for monitored infor-
mation against the cost of the monitoring, 
based on the circumstances relating to the re-
mediation; and 
(B) take into account the scope of the 
project. 
(3) MULTIPARTY
MONITORING.—The permit-
ting authority may approve in a permit the conduct 
of monitoring by multiple parties if, as determined 
by the permitting authority, the multiparty moni-
toring will effectively accomplish the goals of this 
section. 
(n) ENFORCEMENT.— 
(1) CIVIL PENALTY.—Any person who violates 
a permit issued under this section shall be subject 
to a civil penalty of up to $10,000 for each day of 
the violation. 
(2) INJUNCTIONS.— 
(A) IN GENERAL.—A court may issue an 
injunction— 
(i) mandating that a person comply 
with a permit or take action to abate a 
permit violation; 
(ii) prohibiting a person from vio-
lating a permit; or 
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(iii) prohibiting additional activities 
under a permit (except activities carried 
out pursuant to subparagraph (B)). 
(B) MINIMUM
REQUIREMENT.—In the 
event of a permit violation, and absent extraor-
dinary circumstances, the court shall, at a min-
imum, require— 
(i) the permittee to repair the damage 
to any part of the environment that is 
caused by an action of the permittee in vio-
lation of the permit; and 
(ii) the environment to be restored to 
the condition of the environment prior to 
the action of the permittee in violation of 
the permit. 
(3) AGENCIES.—Any permitting authority that 
signs a permit issued under this section may enforce 
the permit through appropriate administrative or ju-
dicial proceedings. 
(o) GRANT ELIGIBILITY.—A remediation project con-
ducted pursuant to this section shall be eligible for funding 
pursuant to section 319 of the Federal Water Pollution 
Control Act (33 U.S.C. 1329). 
(p) JUDICIAL REVIEW.—A court may set aside or 
modify an action of the Administrator in issuing a permit 
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under this section, or an action of a State or political sub-
division in signing a permit, only on clear and convincing 
evidence of an abuse of discretion. 
(q) TRANSFER OF PERMITTING AUTHORITY.— 
(1) IN GENERAL.—Subject to paragraph (2), 
not later than 120 days after the date on which a 
State or Indian tribe has submitted an application 
to administer a Good Samaritan program, the Ad-
ministrator shall suspend the issuance of permits 
under this Act for remediation activities in that 
State or relevant area under the jurisdiction of an 
Indian tribe unless the Administrator determines 
that the Good Samaritan program of the State or 
Indian tribe does not satisfy the requirements of this 
Act. 
(2) EXTENSION.—The period before which the 
Administrator will suspend permitting activity under 
this subsection may be extended by mutual agree-
ment of the Administrator and the applicable State 
or Indian tribe. 
(r) NOTIFICATION OF ADMINISTRATOR.— 
(1) IN GENERAL.—Each State or Indian tribe 
authorized to administer a Good Samaritan program 
shall— 
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(A) submit to the Administrator a copy of 
each permit application received by the State or 
Indian tribe; and 
(B) provide notice to the Administrator of 
each permit proposed to be issued by the State 
or Indian tribe (including any proposed permit 
modifications, transfers, or terminations). 
(2) OBJECTION TO ISSUANCE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), no permit shall be issued by 
a State or Indian tribe referred to in paragraph 
(1) if the Administrator, by not later than the 
date that is 90 days after the date of submis-
sion of the proposed permit notification, objects 
in writing to the issuance of the permit on the 
basis that the permit would not be in accord-
ance with this Act. 
(B) STATEMENT OF REASONS FOR OBJEC-
TION.—An objection by the Administrator de-
scribed in subparagraph (A) shall include a 
statement of the reasons for the objection. 
(C) WAIVER.—The Administrator may, 
with respect to any permit application, waive 
the applicability of subparagraph (A). 
(3) ISSUANCE OR DENIAL OF PERMITS.— 
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(A) IN GENERAL.—In any case in which 
the Administrator objects to the issuance of a 
permit under paragraph (2), the Administrator, 
on the request of the applicable State or Indian 
tribe, shall hold a public hearing on the objec-
tion. 
(B) FAILURE
TO
REQUEST
HEARING
OR 
RESUBMIT APPLICATION.—If a State or Indian 
tribe does not resubmit a permit revised to 
meet the objections of the Administrator by the 
date that is 30 days after the date of comple-
tion of a public hearing under subparagraph 
(A) or, if such a public hearing is not requested 
before the date that is 90 days after the date 
of issuance of an objection of the Administrator 
to issuance of the permit, the Administrator 
may issue or deny the permit in accordance 
with this Act. 
(s) WITHDRAWAL OF APPROVAL OF STATE OR TRIB-
AL PROGRAM AND RETURN OF STATE OR TRIBAL PRO-
GRAM TO ADMINISTRATOR.— 
(1) IN GENERAL.—Each State or tribal Good 
Samaritan program approved under this Act shall be 
administered in accordance with this Act. 
(2) NOTIFICATION AND WITHDRAWAL.— 
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(A) IN
GENERAL.—Subject to subpara-
graph (B), if the Administrator determines, 
after a public hearing, that a State or Indian 
tribe is not administering a program approved 
under this Act in accordance with this Act, the 
Administrator shall— 
(i) notify the State or Indian tribe of 
the determination; and 
(ii) if appropriate corrective action is 
not taken within a reasonable time, not to 
exceed 90 days after the date of notifica-
tion under clause (i), withdraw approval of 
the program. 
(B) NOTIFICATION
OF
REASONS
FOR 
WITHDRAWAL.—The Administrator shall not 
withdraw approval of a program under subpara-
graph (A) until the Administrator notifies the 
State or Indian tribe, and makes available to 
the public, in writing, the reasons for the with-
drawal. 
(t) FEDERAL LAND MANAGEMENT AGENCIES.—A 
Federal land management agency that provides authoriza-
tion for, or participates in, a project authorized pursuant 
to this Act shall not be liable under environmental laws 
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for the conduct or actions of a Good Samaritan (or any 
cooperating person). 
(u) EMERGENCY AUTHORITY AND LIABILITY.— 
(1) EMERGENCY AUTHORITY.—Nothing in this 
section affects the authority of a Federal, State, 
tribal, or local agency to carry out any emergency 
authority, including an emergency authority pro-
vided under any environmental law listed in a per-
mit. 
(2) LIABILITY.—Except to the extent that a 
permit provides protection under an environmental 
law specified in a permit in accordance with sub-
section (g)(1)(C), nothing in this section or a permit 
issued under this section limits the liability of any 
person (including a permittee) under any other pro-
vision of law. 
(v) STATE AND TRIBAL RECLAMATION PROGRAMS.— 
No State, Indian tribe, or other Good Samaritan shall be 
required to obtain a permit pursuant to this Act to reme-
diate an abandoned or inactive mine site for the conduct 
of reclamation work under a State or tribal abandoned 
mine reclamation plan approved under title IV of the Sur-
face Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1231 et seq.). 
(w) TERMINATION OF AUTHORITY.— 
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(1) TERMINATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the authority to issue per-
mits pursuant to this Act shall terminate on 
September 30, 2019. 
(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), a permitting authority may 
issue a permit pursuant to this Act after Sep-
tember 30, 2019, if the application for the per-
mit— 
(i) was submitted not later than 180 
days before that date; and 
(ii) was completed in accordance with 
subsection (e) by not later than September 
30, 2019. 
(2) EFFECT ON CERTAIN PERMITS.—Any per-
mit issued pursuant to this Act before September 
30, 2019, that is in effect on that date (including 
any permit issued pursuant to paragraph (1)(B)) 
shall remain in effect after that date in accordance 
with— 
(A) the terms and conditions of the permit; 
and 
(B) this Act. 
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(3) COMPLETION OF PROJECTS.—Each project 
authorized under a permit issued pursuant to this 
Act shall be completed by the later of— 
(A) the date that is 10 years after the date 
of enactment of this Act; and 
(B) the date that is 4 years after the date 
of issuance of the applicable permit. 
(x) REPORT TO CONGRESS.— 
(1) PREPARATION AND SUBMISSION.—Not later 
than January 1, 2019, the Administrator shall sub-
mit to the Chairpersons and Ranking Members of 
the Committee on Environment and Public Works of 
the Senate and the Committees on Transportation 
and Infrastructure, Energy and Commerce, and Re-
sources of the House of Representatives a report 
evaluating the permit program under this Act. 
(2) INCLUSIONS.—The report under paragraph 
(1) shall include— 
(A) a description of— 
(i) the number, types, and objectives 
of permits issued pursuant to this Act; and 
(ii) each site remediation project au-
thorized by those permits; 
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(B) qualitative and quantitative data on 
the results achieved under the permits before 
the date of issuance of the report; 
(C) a description of— 
(i) any problems encountered in ad-
ministering this Act; and 
(ii) whether the problems have been or 
can be remedied by administrative action 
(including amendments to existing law); 
(D) a description of progress made in 
achieving the purposes of this Act; and 
(E) recommendations on whether the per-
mit program under this Act should be contin-
ued after September 30, 2019, including a de-
scription 
of 
any 
modifications 
(including 
amendments to existing law) required to con-
tinue administering this Act. 
(y) REGULATIONS.— 
(1) IN GENERAL.—The Administrator shall pro-
mulgate such regulations as the Administrator deter-
mines to be necessary to carry out this section. 
(2) EFFECTIVENESS.—This section shall be ef-
fective regardless of whether regulations are promul-
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gated by the Administrator pursuant to paragraph 
(1). 
Æ 
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