IB 
Union Calendar No. 556 
114TH CONGRESS 
2D SESSION 
H. R. 3843 
[Report No. 114–717, Part I] 
To authorize for a 7-year period the collection of claim location and 
maintenance fees, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2015 
Mr. LAMBORN introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on 
Transportation and Infrastructure and Energy and Commerce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
SEPTEMBER 6, 2016 
Additional sponsors: Mr. YOUNG of Alaska and Mr. TIPTON 
SEPTEMBER 6, 2016 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 6, 2016 
The Committees on Transportation and Infrastructure and Energy and Com-
merce discharged; committed to the Committee of the Whole House on 
the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on October 28, 2015] 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
A BILL 
To authorize for a 7-year period the collection of claim 
location and maintenance fees, and for other purposes. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
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 ‘‘Locatable Minerals 
Claim Location and Maintenance Fees Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is the following: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—MINING CLAIM LOCATION AND MAINTENANCE FEES 
Sec. 101. Definitions. 
Sec. 102. Claim location and maintenance fees. 
Sec. 103. Mining claim validity exams and mineral reports for areas segregated 
or withdrawn from mineral entry. 
Sec. 104. Authorization of appropriations. 
Sec. 105. Mineral potential reports and mining claim validity exams. 
Sec. 106. United States mineral deposit database. 
TITLE II—DEPARTMENT OF THE INTERIOR INACTIVE AND 
ABANDONED NONCOAL MINE LANDS PROGRAM 
Sec. 201. Definitions. 
Sec. 202. Establishment of inactive and abandoned noncoal mine lands program. 
Sec. 203. Inactive and abandoned mine land program partners. 
Sec. 204. Priority sites for Good Samaritan projects on Federal lands. 
Sec. 205. Authorization of appropriations. 
TITLE III—GOOD SAMARITAN REMEDIATION OF ABANDONED MINE 
LANDS 
Sec. 301. Short title. 
Sec. 302. Definitions. 
Sec. 303. Permits for remediation of inactive or abandoned mine lands by Good 
Samaritans. 
Sec. 304. State or tribal programs. 
Sec. 305. Enforcement. 
Sec. 306. Grants eligibility. 
Sec. 307. Construction of the National Environmental Policy Act of 1969. 
Sec. 308. Use of projects to meet offsite mitigation requirements. 
Sec. 309. State and tribal reclamation plans under the Surface Mining Control 
and Reclamation Act of 1977. 
Sec. 310. Savings provisions. 
Sec. 311. Sunset. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6213
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
TITLE I—MINING CLAIM LOCA-
TION 
AND 
MAINTENANCE 
FEES 
SEC. 101. DEFINITIONS. 
In this title: 
(1) CLAIM.—The term ‘‘claim’’ means an 
unpatented lode mining claim, placer claim, mill site, 
or tunnel site located under the general mining laws. 
(2) CLAIM HOLDER AND CLAIMANT.—The terms 
‘‘claim holder’’ and ‘‘claimant’’ mean the owner or 
holder of a claim. 
(3) CERTIFIED MINERAL EXAMINER.—The term 
‘‘Certified Mineral Examiner’’ means an employee of 
the Federal Government who— 
(A) possesses sufficient college education to 
qualify as a geologist, mining engineer, or met-
allurgical engineer; and 
(B) has completed training specified by the 
Chief Mineral Examiner of the Bureau of Land 
Management, Department of the Interior. 
(4) CERTIFIED REVIEW MINERAL EXAMINER.— 
The term ‘‘Certified Review Mineral Examiner’’ 
means a Certified Mineral Examiner who is deter-
mined by the Bureau of Land Management Mineral 
Examiner Certification Panel to possess an addi-
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
tional breadth of training and experience that is suf-
ficient to review mineral potential reports and min-
ing claim validity exam reports. 
(5) FEDERAL LANDS.—The term ‘‘Federal lands’’ 
means lands and interests in lands owned by the 
United States that are open to mineral entry and lo-
cation, or that were open to mineral entry and loca-
tion at the time of entry or location. 
(6) GENERAL MINING LAWS.—The term ‘‘general 
mining laws’’ means those Acts that generally com-
prise chapters 2, 11, 12, 12A, 15, and 16, and sec-
tions 161 and 162, of title 30, United States Code, all 
Acts that are amendatory of or supplementary to any 
of the foregoing Acts, and the judicial and adminis-
trative decisions interpreting such Acts. 
(7) LOCATABLE MINERALS.—The term ‘‘locatable 
minerals’’ means those minerals held by the United 
States and not subject to disposition under— 
(A) the Mineral Leasing Act (30 U.S.C. 181 
et seq.); 
(B) the Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.); 
(C) the Materials Act of 1947 (30 U.S.C. 
601 et seq.); or 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(D) the Mineral Leasing Act for Acquired 
Lands (30 U.S.C. 351 et seq.). 
(8) MINERAL ACTIVITIES.—The term ‘‘mineral 
activities’’ means any activity on Federal lands 
under a claim with or without a discovery, or off of 
claims, for mineral prospecting, exploration, develop-
ment, mining, extraction, milling, beneficiation, proc-
essing, storage of mined or processed materials, or 
reclamation activities for any locatable mineral and 
uses that are reasonably incident thereto, including 
the construction and use of roads, transmission lines, 
water wells, pipelines, utility corridors, and other 
means of access across Federal lands for ancillary fa-
cilities used in conjunction with such activity. 
(9) MINERAL
POTENTIAL
REPORT.—The term 
‘‘mineral potential report’’ means a report described 
in section 204(c)(2)(12) of the Federal Land Policy 
and 
Management 
Act 
of 
1976 
(43 
U.S.C. 
1714(c)(2)(12)). 
(10) MINING CLAIM VALIDITY EXAM.—The term 
‘‘mining claim validity exam’’ means an examination 
of a mining claim to determine if it establishes a 
valid existing right in a valuable mineral deposit (as 
that term is used in section 2319 of the Revised Stat-
utes (30 U.S.C. 22)). 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(11) PERSON.—The term ‘‘person’’ means an in-
dividual, partnership, association, society, joint ven-
ture, joint stock company, firm, company, limited li-
ability company, corporation, cooperative, or other 
organization, and any instrumentality of State or 
local government, including any publicly owned util-
ity or publicly owned corporation of State or local 
government. 
(12) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, unless otherwise speci-
fied. 
(13) UNITED STATES MINERAL DEPOSIT DATA-
BASE PROJECT.—The term ‘‘United States Mineral 
Deposit Database Project’’ means the interactive 
database of mines and mineral deposits in the United 
States administered by the United States Geological 
Survey Mineral Resources Program. 
SEC. 102. CLAIM LOCATION AND MAINTENANCE FEES. 
(a) LOCATION FEE.—For each claim located after the 
date of enactment of this Act, a claimant shall pay the Sec-
retary a location fee of $37 not later than 90 days after 
the date of location, at the time the location notice is re-
corded with the Bureau of Land Management. 
(b) ANNUAL CLAIM MAINTENANCE FEE.—Commencing 
the first calendar year after the date of enactment of this 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
Act, a claimant shall pay the Secretary on or before Sep-
tember 1 of each year, a claim maintenance fee of $155 
per 20.66-acre claim or fraction thereof to maintain the 
claim for the following assessment year beginning at noon 
on September 1. Payment of such claim maintenance fee 
shall be in lieu of the assessment work requirement con-
tained in the general mining laws and the related filing 
requirements contained in subsections (a) and (c) of section 
314 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1744). 
(c) WAIVER
FOR
HOLDERS
OF
OR
FEWER 
CLAIMS.— 
(1) IN GENERAL.—The claim maintenance fee re-
quired under this section shall be waived for a claim-
ant who certifies in writing to the Secretary that on 
the date the payment was due— 
(A) the claimant was— 
(i) the holder of not more than 10 lode 
claims on Federal lands; or 
(ii) an association that held less than 
or equal to 320 acres; and 
(B) the claimant has performed assessment 
work sufficient to maintain the claims held by 
the claimant for the assessment year ending on 
noon of September 1 of the calendar year in 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
which the claim maintenance fee payment was 
due. 
(2) HOLDER.—As used in paragraph (1), the 
term ‘‘holder’’ includes— 
(A) the claimant; 
(B) the spouse and dependent children (as 
defined in section 152 of the Internal Revenue 
Code of 1986) of the claimant; and 
(C) a person affiliated with the claimant, 
including— 
(i) a person controlled by, controlling, 
or under common control with the claimant; 
and 
(ii) a subsidiary or parent company or 
corporation of the claimant. 
(3) CERTIFICATION PROCESSING FEE.—The Sec-
retary shall charge a certification processing fee of 
$30 for the filing of a certification under this sub-
section. 
(d) SUSPENSION OF CLAIM MAINTENANCE AND WAIV-
ER OF COST RECOVERY FEES.— 
(1) CLAIM MAINTENANCE FEE.—The claim main-
tenance fees required under this section shall be sus-
pended for any claims of a claimant for an area that 
was open to mineral entry and location at the time 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
of entry or location that has subsequently been seg-
regated or withdrawn from mineral entry and loca-
tion by order of the Secretary or a law enacted after 
the date of the enactment of this Act until such time 
as the area is reopened to mineral entry, or the 
claimant has submitted a notice or permit to explore 
or develop his or her claims or is actively mining. 
(2) COST RECOVERY FEES.—The fees required by 
part 3000 of title 43, Code of Federal Regulations, as 
in effect on the date of enactment of this Act, and any 
substantially similar fee charged for a mining claim 
validity exam, shall be waived for any claimant with 
claims in an area that was open to mineral entry 
and location at the time of claim location that has 
subsequently been segregated or withdrawn from min-
eral entry and location by order of the Secretary or 
a law enacted after the date of the enactment of this 
Act. 
(e) EFFECTS OF PAYMENT.— 
(1) IN GENERAL.—Timely payment of the loca-
tion and claim maintenance fees under this section 
secures the rights of the holder of a mining claim 
against the Federal Government both prior to and 
after discovery of valuable mineral deposits, to use 
and occupy Federal lands under the provisions of the 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
general mining laws for all mineral activities. This 
section shall not be construed to amend section 910 of 
the Revised Statutes (30 U.S.C. 53) or in any way 
affect the law of possession or the doctrine of pedis 
possessio. 
(2) WAIVER OF CLAIM MAINTENANCE FEE.—In 
the case of a claim holder who qualifies for a waiver 
of payment of the claim maintenance fee under sub-
section (c), timely payment of the location fee and 
compliance with the assessment work required under 
the general mining laws (30 U.S.C. 28–28e) secures 
the rights of the holder of a claim, both prior to and 
after discovery of valuable mineral deposits, to use 
and occupy Federal lands under the provisions of the 
general mining laws for all mineral activities. 
(f) FORFEITURE OF UNPATENTED CLAIM FOR FAIL-
URE TO PAY MAINTENANCE FEE.— 
(1) FAILURE TO PAY.—Failure to pay a claim 
maintenance fee or a location fee under this section 
for an unpatented mining claim shall subject the 
claim to forfeiture by the claim holder as provided in 
this subsection. 
(2) NOTICE.—The Secretary of the Interior shall 
provide the claim holder— 
(A) notice of the failure; and 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(B) the opportunity to correct the failure 
within 45 days after the claim holder’s receipt of 
the notice. 
(3) AMOUNT.—To correct the failure the claim 
holder must, within such 45-day period, pay twice the 
amount of claim maintenance fee that would other-
wise have been required to be timely paid. The Sec-
retary shall specify the amount that must be paid in 
the notice under paragraph (2). 
(4) FORFEITURE.—Failure by the claim holder 
to make a timely and proper payment in the amount 
specified in the notice, within 45 days after the claim 
holder’s receipt of the notice, shall constitute a for-
feiture of the mining claim by the claim holder by op-
eration of law. 
(g) EFFECTIVE PERIOD OF FEES.—The fees imposed 
under this section shall apply during the period beginning 
September 1, 2016, and ending August 31, 2022. 
SEC. 103. MINING CLAIM VALIDITY EXAMS AND MINERAL 
REPORTS FOR AREAS SEGREGATED OR WITH-
DRAWN FROM MINERAL ENTRY. 
All mining claim validity exams shall be completed 
by Certified Mineral Examiners and reviewed by Certified 
Review Mineral Examiners. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Secretary 
of the Interior to carry out mining law administration pro-
gram operations $40,000,000 for each of fiscal years 2016 
through 2022. 
SEC. 105. MINERAL POTENTIAL REPORTS AND MINING 
CLAIM VALIDITY EXAMS. 
Mineral potential reports for areas withdrawn from 
mineral entry, and any mining claim validity exam on 
claims located within those areas, must be completed or pre-
pared by a Certified Mineral Examiner and reviewed by 
Certified Review Mineral Examiner. 
SEC. 106. UNITED STATES MINERAL DEPOSIT DATABASE. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Director of the United 
States Geological Survey shall enter into separate memo-
randa of understanding to share data for the purpose of 
expanding and maintaining the United States Mineral De-
posit Database, with each of— 
(1) the Director of the Bureau of Land Manage-
ment; 
(2) the Director of the Office of Surface Mining 
Reclamation and Enforcement; and 
(3) the Chief Forester of the Forest Service. 
(b) FUNDING.—From amounts available for each of fis-
cal years 2016 through 2022 for operations to administer 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
the mining laws, the Secretary may use not more than 
$1,000,000 to support the United States Mineral Deposit 
Database of which not more than 5 percent may be used 
for overhead expenses. 
TITLE II—DEPARTMENT OF THE 
INTERIOR 
INACTIVE 
AND 
ABANDONED NONCOAL MINE 
LANDS PROGRAM 
SEC. 201. DEFINITIONS. 
In this title: 
(1) ENVIRONMENTAL HAZARD.—The term ‘‘envi-
ronmental hazard’’ means degradation of air, soil, or 
water resources resulting from the effects of past min-
ing practices. 
(2) HISTORIC MINE RESIDUE.—The term ‘‘his-
toric mine residue’’ means mine residue, or conditions 
related to an inactive or abandoned mine site that 
pollute the environment, resulting from prior mining 
activities, including— 
(A) tailings or mine waste piles; 
(B) abandoned equipment (or materials in 
such equipment); and 
(C) acidic or otherwise polluted flows in 
surface or ground water. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(3) INACTIVE AND ABANDONED NONCOAL MINE 
LANDS.—The term ‘‘inactive and abandoned noncoal 
mine lands’’ means any location of a noncoal mine, 
including mill sites and processing sites, that was in-
active or abandoned before January 1, 1981, and 
that— 
(A) contains historic mine residue; 
(B) is not owned by any person who caused 
or contributed to the historic mine residue; 
(C) was used for the production of a 
noncoal mineral; and 
(D) is no longer in operation and is not 
subject to a temporary shutdown, as determined 
by the Secretary. 
(4) PHYSICAL
SAFETY
HAZARD.—The term 
‘‘physical safety hazard’’ means any dangerous condi-
tion or effect resulting from past mining practices, 
that poses a risk of death or serious injury to the pub-
lic, livestock, or wildlife. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) WATER RESOURCES.—The term ‘‘water re-
sources’’ means any watershed, ground water, water 
course, or lake. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 202. ESTABLISHMENT OF INACTIVE AND ABANDONED 
NONCOAL MINE LANDS PROGRAM. 
(a) ESTABLISHMENT.—There is established in the De-
partment of the Interior a program to be known as the 
Abandoned Noncoal Mine Lands Program (referred to in 
this section as the ‘‘Program’’). The Program shall be ad-
ministered by the Secretary of the Interior acting through 
the Director of the Bureau of Land Management. 
(b) DESCRIPTION OF PROGRAM.—Under the Program, 
the Secretary shall— 
(1) identify, secure, and remediate physical safe-
ty hazards and environmental hazards associated 
with inactive and abandoned noncoal mine lands that 
are located on, or affecting, Federal public lands, in-
cluding such hazards on other lands that are adjacent 
to such Federal lands; 
(2) maintain an inventory of the sites of such 
inactive and abandoned noncoal mines, affected Fed-
eral public lands, and other lands that are adjacent 
to such Federal public lands, including such sites that 
have been remediated in whole or in part, and associ-
ated water resources; and 
(3) identify the persons, if any, who are respon-
sible for paying the costs to remediate such hazards. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(c) PRIORITIES.—In securing and remediating haz-
ards under this title, the Secretary shall give priority (in 
the following order of priority) to— 
(1) the protection of public health, safety, and 
general welfare from the adverse effects of inactive 
and abandoned noncoal mine lands; and 
(2) the reclamation of land and water resources 
degraded by the adverse effects of such mine lands. 
SEC. 203. INACTIVE AND ABANDONED MINE LAND PRO-
GRAM PARTNERS. 
The Secretary, where appropriate, shall seek out Fed-
eral agencies or departments, State agencies, Indian tribes, 
nonprofit organizations, individuals, and corporations to 
participate as partners, including partners that are Good 
Samaritans (as that term is defined in title III), to facili-
tate remediation and securing of physical safety or environ-
mental hazards under this title. 
SEC. 
204. 
PRIORITY 
SITES 
FOR 
GOOD 
SAMARITAN 
PROJECTS ON FEDERAL LANDS. 
(a) IDENTIFICATION REQUIRED.—Not later than 120 
days after the date of the enactment of this Act, the Sec-
retary of the Interior, acting through the Director of the 
Bureau of Land Management, and the Secretary of Agri-
culture, acting through the Chief of the Forest Service, in 
consultation with other Federal land management agencies, 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
shall identify a minimum of 20 priority sites on Federal 
land containing inactive or abandoned mine sites suitable 
for Good Samaritan projects under title III. 
(b) NOMINATIONS.—In identifying priority sites under 
subsection (a), the Secretaries shall accept nominations 
from the public. 
(c) ANNUAL REVIEW.—The Secretaries shall annually 
review the sites identified under subsection (a) and identify 
additional priority sites as appropriate. 
SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this title $17,000,000 for each of fiscal years 2016 through 
2020. 
TITLE III—GOOD SAMARITAN RE-
MEDIATION OF ABANDONED 
MINE LANDS 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Good Samaritan Clean-
up of Abandoned Mine Lands Act’’. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(2) COOPERATING PERSON.—The term ‘‘cooper-
ating person’’ means any person (other than a Fed-
eral agency) that— 
(A) is a Good Samaritan; 
(B) assists another Good Samaritan in a 
remediation project; and 
(C) is identified as a cooperating person in 
a permit issued under this title. 
(3) ENVIRONMENTAL LAWS.—The term ‘‘environ-
mental laws’’ means— 
(A) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.) and any State law im-
plementing a permit program under section 
402(b) or 404(g) of such Act; and 
(B) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.). 
(4) FEDERAL LAND MANAGEMENT AGENCY.—The 
term ‘‘Federal land management agency’’ means any 
agency of the Federal Government authorized by stat-
ute to exercise jurisdiction, custody, or control over 
lands of the United States. 
(5) GOOD SAMARITAN.—The term ‘‘Good Samar-
itan’’ means any person that did not participate in 
any way in the creation of, or activities that caused, 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
any historic mine residue at the inactive or aban-
doned mine site and that— 
(A) has an ownership interest in the inac-
tive or abandoned mine site, but— 
(i) is not liable or potentially liable for 
remediation costs related to the historic 
mine residue at the inactive or abandoned 
mine site, or affiliated with any other per-
son potentially so liable through any con-
tractual, corporate, or financial relation-
ship (other than a contractual, corporate, or 
financial relationship that is created by the 
instruments by which the ownership interest 
in the inactive or abandoned mine site is 
conveyed or financed or by a contract for 
the sale of goods or services); and 
(ii) is not a successor entity to a busi-
ness entity that was liable or potentially 
liable for such remediation costs; 
(B) has an ownership interest in the inac-
tive or abandoned mine site that was acquired 
through the inheritance of a patented mining 
claim; or 
(C) has no ownership interest in the inac-
tive or abandoned mine site and had no such an 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
interest at any time during or since the creation 
of the historic mine residue at the site. 
(6) HISTORIC MINE RESIDUE.—The term ‘‘his-
toric mine residue’’ means mine residue, or conditions 
related to an inactive or abandoned mine site that 
pollute the environment, resulting from prior mining 
activities, including— 
(A) tailings or mine waste piles; 
(B) abandoned equipment (or materials in 
such equipment); and 
(C) acidic or otherwise polluted flows in 
surface or ground water. 
(7) INACTIVE OR ABANDONED MINE SITE.—The 
term ‘‘inactive or abandoned mine site’’ means any 
mine site, including any mill or processing site, 
that— 
(A) contains historic mine residue; 
(B) is not owned by any person who caused 
or contributed to the historic mine residue; 
(C) was used for the production of a min-
eral-bearing ore or coal; and 
(D) is no longer in operation and is not 
subject to a temporary shutdown, as determined 
by the permitting authority. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(8) INDIAN COUNTRY.—The term ‘‘Indian coun-
try’’ has the meaning given the term in section 1151 
of title 18, United States Code. 
(9) INDIAN
TRIBE.—The term ‘‘Indian tribe’’ 
means an Indian tribe that— 
(A) is federally recognized; or 
(B) is an Alaska Native Corporation as de-
fined under section 1602 of title 43, United 
States Code. 
(10) LEAD
AGENCY.—The term ‘‘lead agency’’ 
means a State or tribal agency designated under sec-
tion 304(c)(1) as the lead agency responsible for car-
rying out permitting responsibilities of the State or 
Indian tribe under this title. 
(11) OFFSITE MITIGATION REQUIREMENT.—The 
term ‘‘offsite mitigation requirement’’ means a re-
quirement imposed under another Federal law to im-
prove, enhance, restore, or create a wetland, stream, 
or habitat conservation area to offset or compensate 
for adverse impacts to similar ecosystems resulting 
from the development of a natural resource or other 
commercial activity. 
(12) PERMITTING AUTHORITY.—The term ‘‘per-
mitting authority’’ means the Administrator or, in 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
the case of a State or tribal program authorized by 
the Administrator under section 304, the lead agency. 
(13) REMEDIATION.—The term ‘‘remediation’’ 
means activities to clean up or otherwise mitigate the 
impacts of historic mine residue. 
(14) STATE.—The term ‘‘State’’ means any of 
the 50 States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, 
the Commonwealth of the Northern Marianas, and 
any other territory or possession over which the 
United States has jurisdiction. 
SEC. 303. PERMITS FOR REMEDIATION OF INACTIVE OR 
ABANDONED MINE LANDS BY GOOD SAMARI-
TANS. 
(a) IN GENERAL.—A permitting authority may issue 
a permit to a Good Samaritan to carry out a project in 
accordance with this section. 
(b) ELIGIBLE PROJECTS.— 
(1) PURPOSE OF PROJECT.— 
(A) IN GENERAL.—A permitting authority 
may issue a permit under this section for a 
project to improve the environment (including 
water quality) by carrying out remediation at or 
related to an inactive or abandoned mine site. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(B) WATER
QUALITY.—A permitting au-
thority shall ensure that remediation carried out 
pursuant to a permit issued under this section— 
(i) assists in the attainment of appli-
cable water quality standards to the extent 
reasonable and practicable under the cir-
cumstances; and 
(ii) does not result in water quality 
that is worse than the baseline water condi-
tion. 
(2) LIMITATION ON ELIGIBILITY.—A permitting 
authority may not issue a permit under this section 
for a project at or related to a mine site included on 
the National Priorities List developed by the Presi-
dent in accordance with section 105(a)(8)(B) of the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 
9605(a)(8)(B)) or a mine site at which the Adminis-
trator of the Environmental Protection Agency or an-
other Federal, State, or tribal agency is taking an en-
vironmental enforcement or response action, unless 
the permitting authority determines, after consulta-
tion with any other interested agency, that— 
(A) the proposed project is not inconsistent, 
and will not interfere, with any other planned 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
remediation at the mine site that is reasonably 
likely to occur; and 
(B) the proposed project will accelerate en-
vironmental improvements. 
(c) PERMIT APPLICATIONS.— 
(1) CONTENTS.—A permitting authority shall re-
quire an application for a permit under this section 
to include— 
(A) a description of the project site (includ-
ing the boundaries of the project site and any de-
graded waters related to the project site); 
(B) an identification of— 
(i) any current owner of the property 
on which the project is proposed to be car-
ried out; 
(ii) any person with a legal right to 
exclude other persons from the project site 
or affect activities on the project site, with 
a description of those legal rights; 
(iii) for project sites on Federal lands, 
the Federal land management agency; and 
(iv) based on the conduct of an inquiry 
that 
is 
reasonable 
under 
the 
cir-
cumstances— 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(I) all persons that may be legally 
responsible for remediation of the 
project site; and 
(II) any relationship between 
those persons and the applicant; 
(C) a description of any contractual ties or 
other legal relationship between the applicant 
and all persons with responsibility for compli-
ance with environmental laws at the project site; 
(D) a general description of the known and 
identifiable baseline conditions, including condi-
tions existing prior to the commencement of min-
ing activities, as of the date of submission of the 
application, of the environment affected by the 
historic mine residue to be remediated, includ-
ing, if available, any sampling data or informa-
tion regarding the nature and extent of the ef-
fects on the water quality of any body of water 
caused by the drainage of historic mine residue 
or other discharges from the inactive or aban-
doned mine site; 
(E) a description of— 
(i) the historic mine residue proposed 
to be remediated; 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(ii) the nature and scope of the pro-
posed remediation, including— 
(I) any proposed recycling or re-
processing of the historic mine residue, 
how the recycling or reprocessing re-
lates to the remediation, and where the 
recycling or reprocessing will occur; 
and 
(II) the manner in which the pro-
posed remediation will mitigate the 
drainage from the inactive or aban-
doned mine site to improve water qual-
ity, if applicable; 
(iii) the remediation alternatives, if 
any, considered in developing the proposed 
remediation plan for the project site; 
(iv) engineering plans for the project, 
bearing the seal of a Professional Engineer; 
(v) in the case of a remediation activ-
ity that requires plugging, opening, or oth-
erwise altering the portal or adit of an in-
active or abandoned mine, an evaluation of 
inactive or abandoned mine site conditions, 
including an assessment of any pooled 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
water or hydraulic pressure in the inactive 
or abandoned mine; 
(vi) how any material related to the 
inactive or abandoned mine site that is 
identified or listed as hazardous waste 
under the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.) will be disposed of; 
(vii) a monitoring program proposed 
to be carried out following completion of the 
remediation, if applicable, that will be im-
plemented to evaluate the effects of the reme-
diation on the environment; and 
(viii) the capacity (including technical 
and administrative) of the applicant to 
carry out the proposed activities and any 
terms of the permit for which the applica-
tion is being submitted; 
(F) a plan for any operation and mainte-
nance related to the proposed remediation; 
(G) a proposed schedule for activities to be 
carried out under the project, including an ex-
pected completion date for the remediation; 
(H) a budget for the project; 
(I) evidence satisfactory to the permitting 
authority that the applicant has sufficient finan-
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
cial resources to ensure that the activities pro-
posed to be carried out by the applicant, includ-
ing any operation and maintenance activities 
related to the remediation, will be carried out 
under the permit; 
(J) an identification of any cooperating 
persons and a description of activities proposed 
to be carried out by such persons; 
(K) a description of— 
(i) any recognition for excellence in en-
vironmental compliance, reclamation, or re-
mediation received by the applicant or any 
cooperating person identified under sub-
paragraph (J); and 
(ii) the history of any noncompliance 
with environmental laws by the applicant 
or any cooperating person identified under 
subparagraph (J) during the 5-year period 
preceding submission of the application; 
(L) if the applicant intends to use the 
project to comply with an offsite mitigation re-
quirement, a reference to the offsite mitigation 
requirement and any related permit; and 
(M) a specific contingency plan that— 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(i) includes provisions on emergency 
actions, response, and notification; and 
(ii) is designed to be used in response 
to unplanned adverse events, including the 
sudden release of historic mine residue. 
(2) NOTICE REQUIREMENTS.— 
(A) STATE, LOCAL, AND
TRIBAL
COMMU-
NITIES.—As soon as practicable after receiving 
an application under this section, a permitting 
authority shall provide notice of the application, 
including a copy of the application, to— 
(i) each local government located with-
in a radius of 20 miles of the project site; 
(ii) each Federal, State, and tribal 
agency that the permitting authority deter-
mines may have an interest in the applica-
tion; and 
(iii) if the project site lies in the head-
water area of a major drainage basin, local 
governments located outside of the 20-mile 
radius of the project site that are down-
stream of the project site and may be af-
fected by a discharge resulting from activi-
ties carried out pursuant to the project. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(B) PUBLIC
NOTICE.—Not later than 30 
days after receiving an application under this 
section, a permitting authority shall provide to 
the public notice of the application. 
(3) INVESTIGATIVE SAMPLING.— 
(A) IN GENERAL.—A permitting authority 
may, upon request, authorize a person to carry 
out investigative sampling, as determined appro-
priate by the permitting authority, prior to sub-
mitting an application for a permit under this 
section. 
(B) EFFECT OF AUTHORIZATION.—An au-
thorization to carry out investigative sampling 
under this section shall, with respect to the au-
thorized activities, have the same effect as a per-
mit for the purposes of subsection (g). 
(d) PUBLIC PARTICIPATION.— 
(1) HEARING.—Prior to issuing a permit under 
this section, a permitting authority shall conduct a 
public hearing in the vicinity of the proposed project 
site, and shall give public notice of the hearing not 
later than 30 days before the date of the hearing. 
(2) DRAFT PERMIT.—The permitting authority 
shall include a draft permit in the notice of a hearing 
to be conducted under this section. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(3) COMMENTS.—The permitting authority shall 
provide the applicant and the public with the oppor-
tunity to— 
(A) comment on the draft permit at the 
public hearing; and 
(B) submit written comments to the permit-
ting authority during the 30-day period fol-
lowing the hearing. 
(e) PERMIT ISSUANCE.— 
(1) DEADLINE.—A permitting authority shall 
issue a permit or deny a permit application under 
this section not later than— 
(A) the date that is 180 days after the date 
on which the permitting authority receives a 
complete application for the permit, as deter-
mined by the permitting authority; or 
(B) such later date as may be determined 
by the permitting authority, with the agreement 
of the applicant. 
(2) CONSTRUCTIVE DENIAL.—If the permitting 
authority does not issue a permit or deny the permit 
application by the applicable date described in para-
graph (1), the application shall be considered to be 
denied by the permitting authority. 
(3) AGENCY CONSULTATION.— 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(A) CONSULTATION.—In considering wheth-
er to issue a permit for a project to be carried 
out on Federal lands, a permitting authority 
shall consult with any applicable Federal land 
management agency. 
(B) OBJECTION.—A permitting authority 
may not issue a permit under this section if— 
(i) the proposed project site is not a 
priority site designated under section 204; 
and 
(ii) the permitting authority receives 
an objection to the proposed permit from a 
Federal land management agency with ju-
risdiction over the project site. 
(f) PERMIT CONTENTS.— 
(1) IN GENERAL.—A permitting authority shall 
include in a permit issued under this section— 
(A) a description of the activities authorized 
by the permit, including a description of any ac-
tivities to be carried out by a cooperating person 
in accordance with paragraph (5); 
(B) a schedule for the activities to be car-
ried out under the project, in accordance with 
paragraph (3), including an end date by which 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
the permittee shall complete the permitted activi-
ties; 
(C) conditions requiring the permittee to— 
(i) secure, for all activities authorized 
under the permit, all authorizations, li-
censes, and permits required under law; 
(ii) establish and maintain records, 
conduct monitoring (as described in para-
graph (4)), and provide such other informa-
tion as may be reasonably necessary to en-
sure the project will result in improvement 
to the environment; and 
(iii) minimize any short-term adverse 
environmental impacts from the remedi-
ation, to the extent practicable; 
(D) a right of entry to the project site for 
the permitting authority to inspect and collect 
such information as is reasonably necessary to 
carry out this title; 
(E) if the project to be carried out under the 
permit will be used by the permittee to comply 
with an offsite mitigation requirement, a ref-
erence to the offsite mitigation requirement and 
any related permit; and 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(F) any other terms and conditions deter-
mined appropriate by the permitting authority. 
(2) BENCHMARKS.—A permitting authority shall 
ensure that a permit issued under this section is site- 
and situation-specific, relying on pre-mining condi-
tions and conditions existing as of the date of 
issuance of the permit to determine appropriate water 
quality or other environmental benchmarks to achieve 
in carrying out remediation under the permit. 
(3) TIMING.—A permitting authority shall re-
quire activities authorized by a permit issued under 
this section to— 
(A) commence not later than the date that 
is 1 year after the date on which the permit is 
issued; and 
(B) continue until completed, with tem-
porary suspensions permitted during adverse 
weather or other circumstances, as approved by 
the permitting authority. 
(4) MONITORING.— 
(A) IN GENERAL.—A permitting authority 
shall require a permittee to take such actions as 
the permitting authority determines are nec-
essary to ensure, where appropriate, baseline, re-
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
medial alternative, and postremediation moni-
toring of the environment. 
(B) ADMINISTRATION.—In selecting the type 
and frequency of monitoring requirements to be 
included in a permit under this paragraph, the 
permitting authority shall— 
(i) balance the utility of information 
obtained through monitoring against the 
cost of the monitoring, based on the cir-
cumstances relating to the project; and 
(ii) take into account the scope of the 
project. 
(5) COOPERATIVE
ACTIVITIES.—A permitting 
authority may approve in a permit the conduct of 
project activities by cooperating persons if, as deter-
mined by the permitting authority, the cooperative 
arrangement will effectively accomplish the purposes 
of this title. 
(g) EFFECT OF PERMIT.— 
(1) IN GENERAL.—A person authorized by a per-
mit issued under this section to carry out activities— 
(A) shall be deemed to be in compliance 
with environmental laws with respect to such ac-
tivities; and 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(B) shall not be liable under environmental 
laws with respect to such activities, including for 
any costs or damages deriving from the prior, 
present, or future activities of others at the 
project site. 
(2) LIMITATION.—Paragraph (1) shall not apply 
if— 
(A) the person impedes or fails to facilitate 
a response action, remediation, or other natural 
resource restoration activity at the project site; 
(B) the person exacerbates the pollution 
from historic mine residue as a result of gross 
negligence or intentional misconduct, in which 
case the person may be liable under environ-
mental laws for costs or damages resulting from 
such gross negligence or intentional misconduct; 
or 
(C) information supplied to the permitting 
authority in the permit application is subse-
quently determined to contain a dishonest, 
fraudulent, or materially misleading statement 
or omission, in which case the permit shall be 
deemed to have been invalid beginning on the 
date the permit was issued, and shall have no 
force or effect. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(h) ADMINISTRATION OF PERMITS.— 
(1) MODIFICATION
OR
TERMINATION
OF
PER-
MITS.— 
(A) AUTHORITY.—A permitting authority 
may— 
(i) extend the period during which a 
permit is valid under procedures established 
for such purpose by the permitting author-
ity; 
(ii) modify or terminate a permit for 
cause, including misrepresentation or a vio-
lation of a permit; and 
(iii) upon the request of the Good Sa-
maritan, and subject to a 30 day public no-
tice and comment period, modify a Good 
Samaritan permit to take into account any 
event or condition that— 
(I) significantly reduces the feasi-
bility or significantly increases the cost 
of completing the remediation work at 
the inactive or abandoned mine site 
that is the subject of the Good Samari-
tan permit; 
(II) was not— 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(aa) contemplated by the 
Good Samaritan; or 
(bb) taken into account in 
the remediation plan of the Good 
Samaritan; and 
(III) is beyond the control of the 
Good Samaritan, as determined by the 
permitting authority. 
(B) TERMINATION.—Unless the permitting 
authority has extended the period during which 
a permit is valid, the authority to carry out ac-
tivities under a permit issued under this section 
shall terminate— 
(i) if the activities do not commence by 
the date that is 1 year after the date on 
which the permit is issued; 
(ii) if the activities are discontinued or 
not completed by the end date specified in 
the permit; or 
(iii) on any other grounds determined 
appropriate by the permitting authority. 
(2) TRANSFER OF PERMITS.—A permit may be 
transferred to another person only if— 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
(A) the appropriate permitting authority 
determines that the transferee will satisfy all of 
the requirements of the permit; 
(B) the transferee is a Good Samaritan; 
(C) the transferee accepts all of the require-
ments of the permit; 
(D) the permitting authority includes in the 
transferred permit any additional or modified 
conditions determined to be appropriate by the 
permitting authority; and 
(E) any Federal, State, or tribal land man-
agement agency with jurisdiction over the project 
site is notified of the proposed transfer and does 
not object to the permitting authority before the 
date that is 30 days before the proposed transfer 
is to take effect. 
(3) MAINTENANCE OF RECORDS.—A permitting 
authority shall maintain all records relating to per-
mits and the permit process under this section. 
(i) OTHER ACTIVITIES.—A permit issued under this 
section may not authorize any new mining activities other 
than those activities directly related to carrying out remedi-
ation at or related to the inactive or abandoned mine site. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 304. STATE OR TRIBAL PROGRAMS. 
(a) IN GENERAL.—A State or Indian tribe may issue 
a permit under this title if the State or Indian tribe has 
in effect a Good Samaritan permit program approved by 
the Administrator under this section. 
(b) APPLICATION.— 
(1) SUBMISSION.—The Governor of any State or 
the head of an Indian tribe’s governing body may 
submit to the Administrator an application to carry 
out a Good Samaritan permit program within its ju-
risdiction at any time. 
(2) CONTENTS.—An application under this sec-
tion shall include— 
(A) a full and complete description of the 
Good Samaritan permit program it proposes to 
administer under State or tribal law; and 
(B) a statement from the State Attorney 
General, or, for an Indian tribe, the equivalent 
official authorized to represent the tribe in court 
pertaining to the application, that the laws of 
the State or Indian tribe provide sufficient legal 
authority to carry out the described program. 
(3) APPROVAL.—Not later than 120 days after 
receiving an application submitted under this sub-
section, the Administrator shall approve the Good Sa-
maritan permit program unless the Administrator de-
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS
termines that the requirements of this section are not 
met. 
(c) REQUIREMENTS.—To meet the requirements of this 
section, a State or Indian tribe shall— 
(1) designate a lead agency that is responsible 
for carrying out permitting responsibilities under this 
section; and 
(2) have in effect laws providing sufficient legal 
authority to carry out a Good Samaritan permit pro-
gram in accordance with this title. 
(d) DELEGATION OF AUTHORITY.—Upon approval of 
a State or tribal Good Samaritan permit program under 
this section, the Administrator shall transfer all authority 
to issue permits under this title for the State or relevant 
area of Indian country to the lead agency designated under 
subsection (c)(1). 
(e) ADMINISTRATION.—A State or tribal Good Samar-
itan permit program approved under this section shall be 
administered in accordance with this title, except that noth-
ing in this title precludes a State or Indian tribe from im-
posing more stringent requirements on permit applicants 
or permittees. 
VerDate Sep 11 2014 
01:47 Sep 07, 2016
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H3843.RH
H3843
SSpencer on DSK4SPTVN1PROD with BILLS