‘‘(C) PERMIT.—The term ‘permit’ means 
an abandoned or inactive mined land remedi-
ation permit described under paragraph (3). 
‘‘(D) 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) the State of Colorado or political 
subdivision thereof; or 
‘‘(iii) a private person or entity that is 
not—
‘‘(I) a responsible owner or oper-
ator for the site to be remediated; or 
‘‘(II) the legal owner of the site 
to be remediated. 
‘‘(E) COOPERATING PARTY.—The term ‘co-
operating party’ means any person or entity, in-
cluding the Federal Government, that is not the 
legal owner of the site to be remediated and—
(i) participates in the design or imple-
mentation of the practices described in
subparagraph (4)(B)(viii) with respect to 
the site to be remediated;
‘‘(ii) participates in the design or im-
plementation of monitoring or other forms 
of assessment described in subparagraph 
(4)(B)(x); or 
‘‘(iii) raises, contributes, or admin-
isters funding or in-kind services for the 
purposes 
described 
in 
paragraph 
(4)(B)(viii) or (4)(B)(x). 
‘‘(3) PERMITS.—
‘‘(A) IN
GENERAL.—The Administrator, 
with the concurrence of the State of Colorado, 
may issue, modify, enforce, or terminate an 
abandoned or inactive mined land remediation 
permit to a remediating party for discharges as-
sociated with remediation activity at abandoned 
or inactive mined land, that modifies the other-
wise applicable requirements of any other sub-
section of this section and of sections 301, 302 
and 401. 
‘‘(B) DELEGATION.—The Administrator 
may delegate all or part of the authority under 
subparagraph (A) to the State of Colorado. 
‘‘(4) 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 persons cooperating with the re-
mediating party with respect to the plan; 
‘‘(ii) identifies the geographic bound-
aries of the abandoned or inactive mined 
land addressed by the plan, including a 
verification that the land meets the re-
quirements of paragraphs (1) and (2)(A); 
‘‘(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 conditions 
of the waters at the time of the permit ap-
plication (including the nature and extent 
of any pollutant causing the impact); 
‘‘(v) describes the physical and chem-
ical 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) any persons or entities, in-
cluding mine operators, 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 abandoned or inactive mined 
land; 
‘‘(vii) describes the remediation goals 
and objectives, including the pollutant or 
pollutants to be addressed by the plan; 
‘‘(viii) describes the practices, includ-
ing a schedule and estimated completion 
date for implementing the practices, that 
are proposed to reduce, control, mitigate, 
or eliminate the adverse water quality im-
pacts, 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 furthering the objectives of existing 
total maximum daily load allocations under 
section 303(d) for the identified waters; 
‘‘(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 for 
responding to foreseeable, unplanned ad-
verse events, including stabilization of the 
site if remedial actions cease prematurely;
‘‘(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; 
‘‘(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) contains any additional informa-
tion requested by the Administrator to 
clarify the plan and activities covered by 
the plan; and 
‘‘(xvi) is signed by the applicant. 
‘‘(C) REVIEW OF APPLICATION.—
‘‘(i) IN GENERAL.—The Administrator 
shall review each permit application and 
determine whether the application meets 
the requirements of subparagraph (B). 
‘‘(ii) DISAPPROVAL.—If the Adminis-
trator determines that an application does 
not meet the requirements of subpara-
graph (B), the Administrator shall notify 
the applicant that the application is dis-
approved, explain the reasons for the dis-
approval, and allow the applicant to submit 
a revised application. 
‘‘(iii) APPROVAL.—If the Adminis-
trator determines that an application 
meets the requirements of subparagraph 
(B), the Administrator shall notify the ap-
plicant that the application is accepted, 
provide to the public notice of and reason-
able opportunity to comment on the appli-
cation, and provide to the public an oppor-
tunity for a public hearing on the applica-
tion. 
‘‘(D) ISSUANCE.—
‘‘(i) DECISION TO ISSUE.—After no-
tice and opportunity for public comment on 
a permit proposed to be issued, the Admin-
istrator may issue a permit to the appli-
cant if the Administrator 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 responsible owner or op-
erator exists; and 
‘‘(III) the remediation plan dem-
onstrates with reasonable certainty 
that the implementation of the plan 
will result in an improvement in water 
quality and will lead toward the goal 
of meeting existing total maximum 
daily load allocations under section 
303(d) taking into consideration the 
resources available to the remediating 
party for the proposed remediation ac-
tivity. 
‘‘(ii) DECISION NOT TO ISSUE.—If the 
Administrator decides not to issue a permit 
to the applicant, the Administrator shall 
notify the applicant of the reasons for not 
issuing the permit. 
‘‘(E) MODIFICATION.—
‘‘(i) IN GENERAL.—Not later than 45 
days after the receipt of a written request 
by a permittee and not later than 30 days 
after providing public notice and an oppor-
tunity for comment, the Administrator 
shall approve or disapprove a modification 
of a permit, unless a public hearing is re-
quested by a member of the public, a tribe, 
a State agency, or a local governmental 
agency within 30 days after the provision 
of public notice. 
‘‘(ii) PUBLIC HEARING.—If a public 
hearing is requested, the Administrator 
shall have an additional 90 days to provide 
for a public hearing and an opportunity for 
comment and approve or disapprove a 
modification of a permit. 
‘‘(iii) APPROVAL.—A permit modifica-
tion approved by the Administrator under 
this subsection shall be—
‘‘(I) by agreement of the per-
mittee and the Administrator; 
‘‘(II) with the concurrence of the 
State of Colorado; 
‘‘(III) in accordance with the 
standards 
in 
subparagraph 
(D)(i)(III); and
‘‘(IV) immediately reflected in 
and applicable to the remediation per-
mit. 
‘‘(5) CONTENTS OF PERMIT.—
‘‘(A) IN GENERAL.—A permit under this 
subsection shall—
‘‘(i) include a remediation plan ap-
proved by the Administrator and additional 
requirements that the Administrator estab-
lishes under paragraph (11); and 
‘‘(ii) provide for compliance with and 
implementation of the remediation plan 
and any other requirements described 
under clause (i). 
‘‘(B) REVIEW.—A permit under this sub-
section shall establish a schedule for review, by 
the Administrator, of compliance with the con-
ditions and limitations of the permit. 
‘‘(C) COMPLIANCE
WITH
OTHER
LIMITA-
TIONS.—A permit under this subsection shall 
not require the remediating party or any co-
operating parties with respect to the remedi-
ation plan to comply with any other subsection 
of this section or with sections 301 or 302.
‘‘(D) RECOVERABLE
VALUE.—A remedi-
ation party is not prohibited from selling or 
using materials recovered during the implemen-
tation of the plan, but the proceeds of any such 
sale must be used to defray the costs of remedi-
ation of the site addressed in the permit or the 
costs of remediation of other abandoned or in-
active mined lands as defined in paragraphs (1) 
and (2)(A). 
‘‘(6) FAILURE TO COMPLY.—If, during the re-
view conducted under paragraph (5)(B), on the re-
ceipt of a petition from any person, or for any other 
appropriate reason, the Administrator determines 
that the remediating party has failed to comply with 
the provisions of the permit, the Administrator may 
bring an enforcement action under section 309. 
‘‘(7) STATE CERTIFICATION.—In so far as this 
subsection may relate to water quality standards, 
certification under section 401 shall not apply to 
permits under this subsection. 
‘‘(8) TERMINATION.—
‘‘(A) IN
GENERAL.—The Administrator 
shall terminate a permit issued under this sub-
section if—
‘‘(i) the remediating party completes 
the implementation of the remediation 
plan; 
‘‘(ii) the discharge covered by the per-
mit becomes subject to a permit issued 
under the other subsections of this section 
for development that is not part of the im-
plementation of the remediation plan and 
the remediating party seeking termination 
of coverage is not a participant in the de-
velopment; 
‘‘(iii) an event or condition is encoun-
tered that was not contemplated by the re-
mediation plan and is beyond the control 
of the permittee and the surface water 
quality conditions due to remediation ac-
tivities at the site, taken as a whole and 
with reference to the designated uses of 
the waters, are equal to or superior to the 
baseline conditions at the site as described 
in paragraph (4)(B)(iv); or 
‘‘(iv) the permittee fails to conduct 
the remediation according to the approved 
remediation plan.
‘‘(B) NO ENFORCEMENT LIABILITY.—If a 
permit is terminated under subparagraph (A), 
the remediating party or any cooperating par-
ties with respect to the remediation plan shall 
not be subject to enforcement under section 309 
or 505 for any remaining discharges from the 
abandoned or inactive mined land described in 
the permit. 
‘‘(9) LIMITATIONS.—
‘‘(A) EMERGENCY
POWERS.—Nothing in 
this subsection limits the authority of the Ad-
ministrator under section 504. 
‘‘(B) PRIOR VIOLATIONS.—Nothing in this 
subsection or a permit issued under this sub-
section precludes actions under section 309 or 
505 or affects the relief available in actions 
under those sections, with respect to violations 
of this section, or section 301(a) or 302 for a 
permit issued under this subsection, that oc-
curred prior to the issuance of a permit under 
this subsection. 
‘‘(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 or mining) not 
described in a permit issued by the Adminis-
trator under this subsection shall be subject to 
this Act (other than this subsection). 
‘‘(10) LIABILITY OF OTHER PARTIES.—Nothing 
in this subsection limits the liability of any person 
other than the remediating party or any cooperating 
parties with respect to the remediation plan under 
this Act or any other law. 
‘‘(11) REGULATIONS.—
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subsection, 
the Administrator, in consultation with State, 
tribal, and local officials and after providing the 
public with notice of, and opportunity for com-
ment and a hearing on, regulations proposed to 
be promulgated, shall promulgate regulations 
establishing generally applicable requirements 
for remediation plans described in paragraph 
(4)(B) and, as considered to be necessary by 
the Administrator, other paragraphs of this 
subsection.
‘‘(B) SPECIFIC
REGULATIONS.—The Ad-
ministrator may promulgate, on a case-by-case 
basis, in consultation with State, tribal, and 
local officials, and after providing the public 
with notice of, and opportunity for comment 
and a hearing on, regulations proposed to be 
promulgated, more specific requirements that 
the Administrator determines would facilitate 
implementation of this subsection in an indi-
vidual abandoned or inactive mined land reme-
diation permit. 
‘‘(12) FUNDING FOR IMPLEMENTING REMEDI-
ATION PLANS.—
‘‘(A) IN GENERAL.—There is authorized to 
be 
appropriated 
to 
the 
Administrator 
$5,000,000 to pay 67 percent of the costs of 
designing and implementing remediation plans 
for which permits are issued under this sub-
section. The remaining share of such costs may 
be provided with funds or in-kind services by 
private, local, State, or other Federal sources. 
‘‘(B) PRIORITY.—The funds appropriated 
under this paragraph shall be allocated first to 
proposed remediation plans that are compara-
tively more likely than other proposed remedi-