(15) 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; 
(16) a plan for the operation and maintenance, 
if any, of any remediation; 
(17) a description of how any hazardous waste 
listed or identified under the Solid Waste Disposal 
Act (42 U.S.C. 6901 et seq.) at the site will be dis-
posed of; 
(18) a description of institutional controls, if 
any, that will be instituted for the site; 
(19) a description of the capacity (including 
technical and administrative) of the permittee to 
carry out the terms of the permit and the remedi-
ation plan; 
(20) a description of the history of environ-
mental compliance of the permittee, including any 
noncompliance for a period of time not less than 5 
years prior to the application; and 
(21) an identification of any cooperating per-
sons and description of activities by such persons. 
(g) PERMIT ISSUANCE.— 
(1) IN
GENERAL.—The Permitting Authority 
may issue a permit under this section to carry out 
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a project for the remediation of an inactive or aban-
doned mine site eligible for a permit under this Act 
in a State or area of Indian country only if— 
(A) the Permitting Authority determines 
that— 
(i) the project will result in improve-
ment to the environment, including water 
quality, in the area of, or downstream 
from, the mine site; 
(ii) the permit applicant will minimize 
any 
short-term 
environmental 
impacts 
from the remediation, to the maximum ex-
tent practicable; 
(iii) the permit applicant has provided 
adequate evidence of financial resources 
that will allow the applicant to complete 
the permitted work; and 
(iv) the project meets the require-
ments of this section; and 
(B) any Federal, State, and tribal land 
management agency with jurisdiction over inac-
tive or abandoned mine sites to be subject to 
the proposed permit or public trustee for nat-
ural resources affected by historic mine residue 
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associated with such mine site does not object 
to the issuance of the permit. 
(2) CONSTRUCTION OF THE NATIONAL ENVI-
RONMENTAL POLICY ACT OF 1969.—No action of the 
Administrator taken pursuant to this section shall 
be required to comply with section 102 of the Na-
tional Environmental Policy Act (42 U.S.C. 4332). 
(3) DEADLINE.— 
(A) IN
GENERAL.—The Permitting Au-
thority shall issue or deny a permit for the re-
mediation 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 
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. 
(h) EFFECT OF A PERMIT.— 
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(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; 
(B) authorizes enforcement under this sec-
tion; 
(C) provides that the permittee (and any 
cooperating persons), in carrying out the activi-
ties undertaken pursuant to the permit, shall be 
deemed in compliance with environmental laws, 
and shall not be liable under such laws for the 
activities undertaken pursuant to the permit, 
subject to the exception of the emergency au-
thorities outlined in subsection (r)(1); and 
(D) precludes imposition of any costs or 
damages under environmental laws on the per-
mittee (and any cooperating persons) related in 
any way to the activities undertaken pursuant 
to the permit, except where the permittee’s (and 
any cooperating person’s) actions exacerbate 
the pollution from historic residue as a result of 
gross negligence or intentional misconduct. For 
the purpose of this subsection, reckless, willful, 
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or wanton conduct shall constitute gross neg-
ligence. 
(2) LIMITATION
OF
LIABILITY.—The liability 
protection afforded under this subsection— 
(A) shall apply only to activities under-
taken pursuant to a permit issued under this 
Act; and 
(B) shall be null and void ab initio and 
without effect if information supplied to the 
Permitting Authority is subsequently deter-
mined to contain a dishonest, fraudulent, or 
materially misleading statement or omission. 
(3) COMPLIANCE.—A permittee shall comply 
with the terms and conditions of a permit issued 
under this section. 
(i) PERMIT CONDITIONS.— 
(1) IN GENERAL.—A permit issued under this 
section shall contain— 
(A) a description of the engineering and 
other work that is authorized under the permit; 
(B) 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 
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under applicable law (excluding environmental 
laws); 
(C) the duration of the permit and proce-
dures for reissuing and renewing the permit; 
(D) a schedule for the work to be carried 
out under the project, including an end date by 
which the applicant plans to complete the work; 
(E) a right of entry to the premises for the 
Permitting Authority to inspect and collect such 
information as reasonably necessary to carry 
out the purposes of this Act; 
(F) a requirement for permittee to estab-
lish and maintain records, conduct monitoring 
(if the Permitting Authority determines that 
any such monitoring is appropriate), and pro-
vide such other information as may be reason-
ably necessary to ensure the project will result 
in improvement to the environment including 
water quality; 
(G) a description of the engineering and 
other work to be performed by each cooperating 
person, if any; and 
(H) any other terms and conditions that 
are determined to be appropriate by the Permit-
ting Authority. 
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(2) 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. 
(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. 
(3) TIMING.—Work authorized under a permit 
shall— 
(A) commence not later than the date that 
is 1 year after the date of issuance of the per-
mit; and 
(B) continue until completed, with tem-
porary suspensions permitted during adverse 
weather or other circumstances approved by the 
Permitting Authority. 
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(4) 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. 
(5) TRANSFER OF PERMITS.—A permit may be 
transferred to another person only if— 
(A) the Permitting Authority determines 
that the transferee will satisfy all of the re-
quirements of the permit; 
(B) the transferee meets all of the require-
ments of this Act; 
(C) the transferee signs and accepts all of 
the requirements of the permit; 
(D) the Permitting Authority includes in 
the transferred permit any additional or modi-
fied conditions determined to be appropriate by 
the Permitting Authority to meet the goals of 
this section; and 
(E) the Federal, State, or tribal land man-
agement agency with jurisdiction over the inac-
tive or abandoned mine site to be subject to the 
permit or public trustee for natural resources 
affected by historic mine residue associated 
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with such mine site does not object to the 
transfer. 
(6) MODIFICATION OR TERMINATION OF PER-
MIT.— 
(A) IN GENERAL.—The authority to carry 
out work under a permit issued under this sec-
tion shall terminate if the work does not com-
mence by the date that is 1 year after the date 
of issuance of the permit or if the work is dis-
continued or is not completed by the end date 
specified in the permit or any other grounds 
identified by the Permitting Authority, unless 
the Permitting Authority has allowed an exten-
sion through modification, reissuance, or re-
newal of the permit. 
(B) MODIFICATION, REISSUANCE, OR TER-
MINATION
OF
PERMIT.—The Permitting Au-
thority may modify, reissue, or terminate a per-
mit for cause, including misrepresentation or a 
violation of a permit. Permit modification or 
reissuance shall be in accordance with the pro-
cedures specified in this Act for permit issuance 
unless otherwise specified in regulations pro-
mulgated by the Administrator. 
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(j) ROLE OF THE PERMITTING AUTHORITY.—In car-
rying 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 per-
sons and the public to participate in the permit 
process; 
(6) issue permits under this section, when ap-
propriate; 
(7) enforce and otherwise carry out this section; 
and 
(8) consult with the Federal land management 
agency and any public trustee for natural resources 
prior to issuance of the permit for sites on federally 
managed lands. 
(k) STATE, LOCAL AND TRIBAL COMMUNITIES.—If 
the Permitting Authority receives an application for the 
remediation of a mine site under this section, the Permit-
ting Authority shall, as soon as practicable, provide notice 
of the application to— 
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(1) any lead State or tribal agency designated 
under subsection (e)(2)(B) when the Administrator 
is the Permitting Authority; 
(2) each local government located within a ra-
dius of 20 miles of the project site; and 
(3) each Federal, State, and tribal agency that 
the Permitting Authority determines may have an 
interest in the application. 
Such notice shall include a copy of the application. 
(l) PUBLIC
NOTICE
OF
RECEIPT
OF
APPLICA-
TIONS.— 
(1) Upon receipt of a complete application for 
the remediation of an inactive or abandoned mine 
site under this Act, the Permitting Authority shall, 
not later than 30 days after receipt of an applica-
tion, provide to the public a notice that includes the 
application and describes— 
(A) the location of the mine site; 
(B) the scope and nature of the proposed 
remediation; and 
(C) the name of the Good Samaritan ap-
plying for a permit to carry out the proposed 
remediation. 
(2) HEARING.— 
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(A) 
IN
GENERAL.—Prior 
to 
permit 
issuance, the Permitting Authority shall hold a 
public hearing in the vicinity of the mine site to 
be remediated. The Permitting Authority shall 
provide the public with notice of the hearing, 
accompanied by a draft permit, at least 30 days 
in advance of the hearing. 
(B) COMMENTS.—The Permitting Author-
ity shall provide the applicant and the public 
with the opportunity to comment on the draft 
permit at the public hearing, and provide the 
public with the opportunity to submit written 
comments to the Permitting Authority for 30 
days following the hearing. 
(m) MONITORING.— 
(1) IN
GENERAL.—The permittee shall take 
such actions as the Permitting Authority determines 
are necessary to ensure, where appropriate, baseline, 
remedial alternative, and post-remediation moni-
toring of the environment. 
(2) ADMINISTRATION.—When selecting the type 
and frequency of the monitoring requirements to be 
included in a permit, if any, the Permitting Author-
ity shall— 
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