by the Good Samaritan that the Good Samaritan ac-
cepts the terms and conditions of the Good Samari-
tan permit. 
(5) OTHER DEVELOPMENT.— 
(A) NO
AUTHORIZATION
OF
MINING
AC-
TIVITIES.—Except as provided in the Good Sa-
maritan permit, no mineral exploration, proc-
essing, 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) SALE
OR
USE
OF
MATERIALS.—A 
Good Samaritan may sell or use materials re-
covered during the implementation of a remedi-
ation plan only if all of the proceeds from the 
sale or use of the materials are first used— 
(i) to defray the costs of the remedi-
ation; and 
(ii) to the extent required by the Good 
Samaritan permit, to reimburse the Ad-
ministrator or the head of a Federal land 
management agency for any costs incurred 
for oversight of the Good Samaritan. 
(C) CONNECTION
WITH
OTHER
ACTIVI-
TIES.—The commingling or association of any 
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other discharge of water or historic mine res-
idue or any activity, project, or operation with 
any aspect of a project subject to a Good Sa-
maritan permit shall not limit or reduce the li-
ability 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 allow the Good Samaritan to return to the orphan 
mine site after the completion of the remediation to per-
form operations and maintenance or other work— 
(1) to ensure the functionality of the orphan 
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)(3)(B)(i); or 
(B) if the grant of the Good Samaritan 
permit is the subject of a petition for judicial 
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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-
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 Good Samaritan permit; 
(3) the Administrator includes in the trans-
ferred Good Samaritan permit any additional condi-
tions necessary to meet the goals of this Act; and 
(4) in the case of a project carried out or pro-
posed to be carried out under the transferred Good 
Samaritan permit on land owned by the United 
States— 
(A) the head of the appropriate Federal 
land management agency consents to the trans-
fer; and 
(B) the transferee enters into any applica-
ble special use permit or other land use agree-
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ment with that Federal land management agen-
cy. 
(j) ROLE OF ADMINISTRATOR.—In carrying out this 
section, the Administrator shall— 
(1) consult with prospective applicants; 
(2) convene, coordinate, and lead the applica-
tion review process; 
(3) maintain all records relating to the Good 
Samaritan permit and the permit process; 
(4) provide an opportunity for cooperating per-
sons and the public to participate in the Good Sa-
maritan permit process, including— 
(A) a public comment period; and 
(B) a public hearing, if requested; and 
(5) enforce and otherwise carry out this section. 
(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 orphan mine site under this 
section, 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 a proposed remedi-
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ation project that is reasonably anticipated to be ad-
versely impacted by a potential release of contami-
nants from the orphan 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 orphan mine site that is 
located partially or entirely on land owned by the 
United States, the Federal land management agency 
with jurisdiction over that land. 
(l) PUBLIC
NOTICE
OF
RECEIPT
OF
APPLICA-
TIONS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the Administrator receives a com-
plete application for a Good Samaritan permit, the 
Administrator shall provide to the public a notice 
that— 
(A) describes— 
(i) the location of the relevant orphan 
mine site; 
(ii) the scope and nature of the pro-
posed remediation; and 
(iii) the name of the person applying 
for the Good Samaritan permit; and 
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(B) provides to the public a means of view-
ing or obtaining the application, including, at a 
minimum, posting the application on the 
website of the Administrator. 
(2) HEARING.— 
(A) IN
GENERAL.—Before the date on 
which the Administrator grants a Good Samari-
tan permit, if requested, the Administrator 
shall hold a public hearing in the vicinity of the 
affected orphan mine site. 
(B) NOTICE.—Not later than 30 days be-
fore the date of a hearing under subparagraph 
(A), the Administrator shall provide to the pub-
lic— 
(i) notice of the hearing; and 
(ii) a draft Good Samaritan permit. 
(C) COMMENTS.—The Administrator shall 
provide to the relevant applicant and the public 
the opportunity— 
(i) to comment on the draft Good Sa-
maritan permit at the public hearing; and 
(ii) to submit written comments to the 
Administrator during the 30-day period be-
ginning on the date of the hearing. 
(m) PERMIT GRANT.— 
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(1) IN
GENERAL.—The Administrator may 
grant a Good Samaritan permit to carry out a 
project for the remediation of an orphan mine site 
only if— 
(A) the Administrator determines that— 
(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 orphan 
mine site to protect public 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 are de-
signed to result in, as compared to the 
baseline conditions described in subsection 
(c)(6)— 
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(I) improved water or soil quality 
or other environmental or safety con-
ditions; or 
(II) reductions in further threats 
to water or soil quality or other envi-
ronmental 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— 
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(aa) the applicant has, or 
has access to, the financial re-
sources to complete the project 
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 establishes the Ad-
ministrator or the head of the 
Federal land management agency 
as the beneficiary of the third- 
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party financial assurance mecha-
nism and that allows the Admin-
istrator to retain and use the 
funds from the financial assur-
ance mechanism in the event the 
Good Samaritan does not com-
plete the remediation under the 
Good Samaritan 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 orphan mine site is 
located has been given an opportunity to review 
and, if necessary, comment on the grant of the 
Good Samaritan permit; 
(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— 
(i) the head of the Federal land man-
agement agency with jurisdiction over that 
land reviews and concurs with the grant of 
the Good Samaritan permit; and 
(ii) the Good Samaritan has entered 
into any applicable special use permit or 
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other land use agreement with the Federal 
land management agency pursuant to ap-
plicable Federal land management law; and 
(D) the Administrator has provided— 
(i) notice under subsection (l); and 
(ii) a period of public comment and a 
public hearing under that subsection, if re-
quested. 
(2) RELATION TO NEPA.— 
(A) IN GENERAL.—The grant or modifica-
tion of a Good Samaritan permit by the Admin-
istrator shall not be considered a major Federal 
action significantly affecting the quality of the 
human environment for purposes of section 102 
of the National Environmental Policy Act (42 
U.S.C. 4332). 
(B) 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 (42 
U.S.C. 4332). 
(3) DEADLINE.— 
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(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-
scribed in subparagraph (A), the application 
shall be considered to be denied. 
(n) EFFECT OF PERMITS.— 
(1) IN GENERAL.—A Good Samaritan, recipient 
of an investigative sampling permit, passive land-
owner, and any cooperating person undertaking re-
mediation activities identified in and carried out pur-
suant to and in full compliance with a Good Samari-
tan permit— 
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(A) shall be considered to be in compliance 
with all requirements (including permitting re-
quirements) under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) (including 
any law or regulation implemented by a State 
or Indian tribe under section 402 or 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1342, 1344)) and the Comprehensive Environ-
mental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.) during 
the term of the Good Samaritan permit and 
after the termination of the Good Samaritan 
permit; 
(B) shall not be required to obtain a per-
mit under, or to comply with, 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), or any State or Trib-
al standards or regulations approved by the Ad-
ministrator under those sections of that Act, 
during the term of the Good Samaritan permit 
and after the termination of the Good Samari-
tan permit; and 
(C) shall not be required to obtain any au-
thorizations, licenses, or permits that would 
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otherwise not need to be obtained if the remedi-
ation was conducted pursuant to section 121 of 
the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 
U.S.C. 9621). 
(2) ACTIVITIES
NOT
RELATING
TO
REMEDI-
ATION.— 
(A) IN GENERAL.—A Good Samaritan or 
any cooperating person that carries out any ac-
tivity relating to mineral exploration, proc-
essing, beneficiation, or mining, including devel-
opment, that is not authorized by the applicable 
Good Samaritan permit shall be subject to all 
applicable law. 
(B) LIABILITY.—Any activity not author-
ized by a Good Samaritan permit, as deter-
mined by the Administrator, may be subject to 
liability and enforcement under all applicable 
law, including— 
(i) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); and 
(ii) the Comprehensive Environmental 
Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.). 
(3) NO ENFORCEMENT LIABILITY.— 
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(A) DISCHARGES.—Subject to subpara-
graphs (B) and (C), a Good Samaritan, recipi-
ent of an investigative sampling permit, passive 
landowner, or cooperating person that is con-
ducting remediation pursuant to a Good Samar-
itan permit shall not be subject to enforcement, 
civil or criminal penalties, citizen suits, or any 
other liability (including any liability for re-
sponse costs, natural resource damage, or con-
tribution) under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) (including 
under any law or regulation administered by a 
State or Indian tribe under that Act) or the 
Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 
9601 et seq.) for any actions undertaken or for 
any past, present, or future releases, threats of 
releases, or discharges of hazardous substances, 
pollutants, or contaminants at or from the or-
phan mine site that is the subject of the Good 
Samaritan permit (including any releases, 
threats of releases, or discharges that occurred 
prior to the grant of the Good Samaritan per-
mit) during the term of the Good Samaritan 
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permit and after termination of the Good Sa-
maritan permit. 
(B) OTHER
PARTIES.—Nothing in sub-
paragraph (A) limits the liability of any person 
that is not described in that subparagraph. 
(C) VIOLATION OF PERMIT PRIOR TO TER-
MINATION.—Notwithstanding 
subparagraph 
(A), if the Good Samaritan, passive landowner, 
or cooperating person violates the terms of the 
Good Samaritan permit and that violation re-
sults in surface water quality or other environ-
mental conditions that are worse than baseline 
conditions at the orphan mine site, the Admin-
istrator— 
(i) shall notify the Good Samaritan of 
the violation; and 
(ii) may require the Good Samaritan 
to undertake reasonable measures, as de-
termined by the Administrator, to return 
surface water quality or other environ-
mental conditions to the condition that ex-
isted prior to the violation. 
(o) PUBLIC NOTIFICATION OF ADVERSE EVENT.—A 
Good Samaritan shall notify all appropriate Federal, 
State, Tribal, and local entities of any unplanned or pre-
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viously unknown release of historic mine residue caused 
by the actions of the Good Samaritan, passive landowner, 
or any cooperating person in accordance with— 
(1) section 103 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9603); 
(2) section 304 of the Emergency Planning and 
Community Right-To-Know Act of 1986 (42 U.S.C. 
11004); 
(3) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.); 
(4) any other applicable provision of Federal 
law; and 
(5) any other applicable provision of State, 
Tribal, or local law. 
(p) GRANT ELIGIBILITY.—A remediation project con-
ducted under a Good Samaritan permit shall be eligible 
for funding pursuant to— 
(1) section 319 of the Federal Water Pollution 
Control Act (33 U.S.C. 1329); and 
(2) section 104(k) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9604(k)). 
(q) EMERGENCY AUTHORITY AND LIABILITY.— 
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(1) EMERGENCY AUTHORITY.—Nothing in this 
section affects the authority of— 
(A) the Administrator to take any respon-
sive action authorized by law; or 
(B) a Federal, State, Tribal, or local agen-
cy to carry out any emergency authority, in-
cluding an emergency authority provided under 
Federal, State, Tribal, or local law. 
(2) LIABILITY.—Except as specifically provided 
in this Act, nothing in this Act or a Good Samaritan 
permit limits the liability of any person (including a 
Good Samaritan or any cooperating person) under 
any provision of law. 
(r) TERMINATION OF AUTHORITY.— 
(1) TERMINATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the authority to grant Good 
Samaritan permits pursuant to this Act shall 
terminate on the date that is 7 years after the 
date of enactment of this Act. 
(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), the Administrator may grant a 
Good Samaritan permit pursuant to this Act 
after the date identified in subparagraph (A) if 
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the application for the Good Samaritan per-
mit— 
(i) was submitted not later than 180 
days before that date; and 
(ii) was completed in accordance with 
subsection (e)(1) by not later than 7 years 
after the date of enactment of this Act. 
(2) EFFECT ON CERTAIN PERMITS.—Any Good 
Samaritan permit granted by the deadline prescribed 
in subparagraph (A) or (B) of paragraph (1), as ap-
plicable, that is in effect on the date that is 7 years 
after the date of enactment of this Act shall remain 
in effect after that date in accordance with— 
(A) the terms and conditions of the Good 
Samaritan permit; and 
(B) this Act. 
(3) TERMINATION OF PERMIT.— 
(A) IN GENERAL.—A Good Samaritan per-
mit shall terminate, as applicable— 
(i) on inspection and notice from the 
Administrator to the recipient of the Good 
Samaritan permit that the permitted work 
has been completed in accordance with the 
terms of the Good Samaritan permit, as 
determined by the Administrator; 
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(ii) if the Administrator terminates a 
permit under paragraph (4)(B)(i); or 
(iii) except as provided in subpara-
graph (B)— 
(I) on the date that is 18 months 
after the date on which the Adminis-
trator granted the Good Samaritan 
permit, if the permitted work has not 
commenced by that date; or 
(II) if the grant of the Good Sa-
maritan permit was the subject of a 
petition for judicial review, on the 
date that is 18 months after the date 
on which the judicial review, including 
any appeals, has concluded, if the per-
mitted work has not commenced by 
that date. 
(B) EXTENSION.— 
(i) IN
GENERAL.—If the Adminis-
trator is otherwise required to terminate a 
Good Samaritan permit under subpara-
graph (A)(iii), the Administrator may 
grant an extension of the Good Samaritan 
permit. 
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(ii) 
LIMITATION.—Any 
extension 
granted under clause (i) shall be not more 
than 180 days for each extension. 
(4) UNFORESEEN CIRCUMSTANCES.— 
(A) IN GENERAL.—The recipient of a Good 
Samaritan permit or investigative sampling per-
mit may seek to modify or terminate the Good 
Samaritan permit or investigative sampling per-
mit to take into account any event or condition 
that— 
(i) significantly reduces the feasibility 
or significantly increases the cost of com-
pleting the remediation project that is the 
subject of the Good Samaritan permit or 
investigative sampling permit; 
(ii) was not— 
(I) reasonably contemplated by 
the recipient of the permit; or 
(II) taken into account in the re-
mediation plan of the recipient of the 
permit; and 
(iii) is beyond the control of the re-
cipient of the permit, as determined by the 
Administrator. 
(B) TERMINATION.— 
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(i) IN
GENERAL.—Subject to sub-
section (n)(3), the Administrator shall ter-
minate a Good Samaritan permit or inves-
tigative sampling permit if— 
(I) the recipient of the permit 
seeks termination of the permit under 
subparagraph (A); 
(II) the factors described in sub-
paragraph (A) are satisfied; and 
(III) the Administrator deter-
mines that remediation activities con-
ducted by the Good Samaritan or per-
son pursuant to the Good Samaritan 
permit or investigative sampling per-
mit, respectively, may result in sur-
face water quality conditions, or any 
other environmental conditions, that 
will be worse than the baseline condi-
tions, as described in subsection 
(c)(6), as applicable. 
(ii) EFFECT OF TERMINATION.—Not-
withstanding the termination of a Good 
Samaritan permit or investigative sampling 
permit under clause (i), the provisions of 
paragraphs (1), (2), and (3) of subsection 
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(n) shall continue to apply to the Good Sa-
maritan, the recipient of an investigative 
sampling permit, and any cooperating per-
sons after the termination. 
(5) LONG-TERM
OPERATIONS
AND
MAINTE-
NANCE.—In the case of a project that involves long- 
term operations and maintenance at an orphan mine 
site located on land owned by the United States, the 
project may be considered complete and the Admin-
istrator may terminate the Good Samaritan permit 
under this subsection if the applicable Good Samari-
tan has entered into an agreement with the applica-
ble Federal land management agency or a cooper-
ating person for the long-term operations and main-
tenance that includes sufficient funding for the long- 
term operations and maintenance. 
(s) REGULATIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
not later than 1 year after the date of enactment of 
this Act, the Administrator, in consultation with the 
Secretary of the Interior and the Secretary of Agri-
culture, and appropriate State, Tribal, and local offi-
cials, shall promulgate regulations to establish— 
(A) requirements for remediation plans de-
scribed in subsection (c); and 
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(B) any other requirement that the Admin-
istrator determines to be necessary to carry out 
this Act. 
(2) SPECIFIC REQUIREMENTS BEFORE PROMUL-
GATION
OF
REGULATIONS.—Before the date on 
which the Administrator promulgates regulations 
under paragraph (1), the Administrator may estab-
lish, on a case-by-case basis, specific requirements 
that the Administrator determines would facilitate 
the implementation of this subsection with respect to 
a Good Samaritan permitting program. 
SEC. 5. SPECIAL ACCOUNTS. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a Good Samaritan Mine 
Remediation Fund (referred to in this section as a 
‘‘Fund’’) for each Federal land management agency that 
authorizes a Good Samaritan to conduct a project on Fed-
eral land under the jurisdiction of that Federal land man-
agement agency under a Good Samaritan permit. 
(b) DEPOSITS.—Each Fund shall consist of— 
(1) amounts provided in appropriation Acts; 
(2) any reimbursements for the costs of over-
sight received under section 4(f)(5)(B)(ii); 
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(3) any financial assurance funds collected from 
an 
agreement 
described 
in 
section 
4(m)(1)(A)(vi)(V)(bb); 
(4) any funds collected for long-term operations 
and maintenance under an agreement under section 
4(r)(5); 
(5) any interest earned under an investment 
under subsection (c); and 
(6) any proceeds from the sale or redemption of 
investments held in the Fund. 
(c) UNUSED FUNDS.—Amounts in each Fund not 
currently needed to carry out this Act shall be— 
(1) maintained as readily available or on de-
posit; 
(2) invested in obligations of the United States 
or guaranteed by the United States; or 
(3) invested in obligations, participations, or 
other instruments that are lawful investments for a 
fiduciary, a trust, or public funds. 
(d) RETAIN AND USE AUTHORITY.—Each head of a 
Federal land management agency, as appropriate, may, 
notwithstanding any other provision of law, retain and use 
money deposited in the applicable Fund without fiscal year 
limitation for the purpose of carrying out this Act. 
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(e) LIMITATION.—Amounts in each Fund may only 
be used for the Good Samaritan project for which the 
funds were deposited. 
SEC. 6. REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than 8 years after the 
date of enactment of this Act, the Administrator, in con-
sultation with the heads of Federal land management 
agencies, shall submit to the Committee on Environment 
and Public Works of the Senate and the Committees on 
Transportation and Infrastructure, Energy and Com-
merce, and Natural Resources of the House of Represent-
atives a report evaluating the Good Samaritan pilot pro-
gram under this Act. 
(b) INCLUSIONS.—The report under subsection (a) 
shall include— 
(1) a description of— 
(A) the number, types, and objectives of 
Good Samaritan permits granted pursuant to 
this Act; and 
(B) each remediation project authorized by 
those Good Samaritan permits; 
(2) qualitative and quantitative data on the re-
sults achieved under the Good Samaritan permits 
before the date of issuance of the report; 
(3) a description of— 
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(A) any problems encountered in admin-
istering this Act; and 
(B) whether the problems have been or can 
be remedied by administrative action (including 
amendments to existing law); 
(4) a description of progress made in achieving 
the purposes of this Act; and 
(5) recommendations on whether the Good Sa-
maritan pilot program under this Act should be con-
tinued, including a description of any modifications 
(including amendments to existing law) required to 
continue administering this Act. 
Æ 
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