I 
115TH CONGRESS 
2D SESSION 
H. R. 7226 
To promote remediation of orphan hardrock mines, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 6, 2018 
Mr. TIPTON introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure, and in addition to the Committees 
on Energy and Commerce, and Natural Resources, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To promote remediation of orphan hardrock mines, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Good Samaritan Reme-
diation of Orphan Hardrock Mines Act of 2018’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COOPERATING PERSON.—The term ‘‘cooper-
ating person’’ means any person that is named by 
the Good Samaritan in the permit application as a 
cooperating entity. 
(3) FEDERAL LAND MANAGEMENT AGENCY.— 
The term ‘‘Federal land management agency’’ 
means any Federal agency authorized by law or ex-
ecutive order to exercise jurisdiction, custody, or 
control over land owned by the United States. 
(4) GOOD SAMARITAN.—The term ‘‘Good Sa-
maritan’’ means a person that, with respect to his-
toric mine residue, as determined by the Adminis-
trator— 
(A) is not a past or current owner or oper-
ator of— 
(i) the orphan mine site at which the 
historic mine residue is located; or 
(ii) a portion of that orphan mine site; 
(B) had no role in the creation of the his-
toric mine residue; and 
(C) is not potentially liable under any Fed-
eral, State, Tribal, or local law for the remedi-
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ation, treatment, or control of the historic mine 
residue. 
(5) GOOD
SAMARITAN
PERMIT.—The term 
‘‘Good Samaritan permit’’ means a permit granted 
by the Administrator under section 4(a)(1). 
(6) HISTORIC MINE RESIDUE.— 
(A) IN
GENERAL.—The term ‘‘historic 
mine residue’’ means mine residue or any con-
dition at an orphan mine site resulting from 
hardrock mining activities conducted on— 
(i) Federal land under sections 2319 
through 2352 of the Revised Statutes 
(commonly known as the ‘‘Mining Law of 
1872’’; 30 U.S.C. 22 et seq.); or 
(ii) State or private land. 
(B) 
INCLUSIONS.—The 
term 
‘‘historic 
mine residue’’ includes— 
(i) previously mined ores and minerals 
other than coal that contribute to acid 
mine drainage or other pollution; 
(ii) equipment (including materials in 
equipment); 
(iii) any tailings, heap leach piles, 
dump leach piles, waste rock, overburden, 
slag piles, or other waste or material re-
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sulting from any extraction, beneficiation, 
or other processing activity that occurred 
during the active operation of an orphan 
mine site; 
(iv) any acidic or otherwise polluted 
flow in surface water or groundwater that 
originates from, or is pooled and contained 
in, an inactive or abandoned mine site, 
such as underground workings, open pits, 
in-situ leaching operations, ponds, or im-
poundments; 
(v) any hazardous substance (as de-
fined in section 101 of the Comprehensive 
Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 
9601)); 
(vi) any pollutant or contaminant (as 
defined in section 101 of the Comprehen-
sive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 
9601)); and 
(vii) any pollutant (as defined in sec-
tion 502 of the Federal Water Pollution 
Control Act (33 U.S.C. 1362)). 
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(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 518(h) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1377(h)). 
(8) INVESTIGATIVE
SAMPLING
PERMIT.—The 
term ‘‘investigative sampling permit’’ means a per-
mit granted by the Administrator under section 
4(d)(1). 
(9) ORPHAN MINE SITE.— 
(A) IN
GENERAL.—The term ‘‘orphan 
mine site’’ means an abandoned or inactive 
hardrock mine site and any facility associated 
with an abandoned or inactive hardrock mine 
site— 
(i) that was used for the production of 
a mineral other than coal conducted on 
Federal land under sections 2319 through 
2352 of the Revised Statutes (commonly 
known as the ‘‘Mining Law of 1872’’; 30 
U.S.C. 22 et seq.) or on non-Federal land; 
and 
(ii) for which, based on information 
supplied by the Good Samaritan after re-
view of publicly available data and after re-
view of other information in the possession 
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of the Administrator, the Administrator or, 
in the case of a site on land owned by the 
United States, the Federal land manage-
ment agency, determines that no respon-
sible owner or operator has been identi-
fied— 
(I) who is potentially liable for, 
or has been required to perform or 
pay for, environmental remediation 
activities under applicable law; and 
(II) other than, in the case of a 
mine site located on land owned by 
the United States, a Federal land 
management agency that has not been 
involved in mining activity on that 
land, except that the approval of a 
plan of operations under the hardrock 
mining regulations of the applicable 
Federal land management agency 
shall not be considered involvement in 
the mining activity. 
(B) INCLUSION.—The term ‘‘orphan mine 
site’’ includes a hardrock mine site (including 
associated facilities) that was previously the 
subject of a completed response action under 
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the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.) or a similar Federal and 
State reclamation or cleanup program, includ-
ing the remediation of mine-scarred land under 
the brownfields revitalization program under 
section 104(k) of the Comprehensive Environ-
mental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9604(k)). 
(C) EXCLUSIONS.— 
(i) IN GENERAL.—The term ‘‘orphan 
mine site’’ does not include a mine site (in-
cluding associated facilities)— 
(I) in a temporary shutdown or 
cessation; 
(II) included on the National Pri-
orities List developed by the President 
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 is proposed 
for inclusion on that list; 
(III) that is the subject of a 
planned or ongoing response action 
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under the Comprehensive Environ-
mental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 
et seq.) or a similar Federal and State 
reclamation or cleanup program; 
(IV) that has a responsible owner 
or operator; or 
(V) that actively mined or proc-
essed minerals after December 11, 
1980. 
(10) PASSIVE LANDOWNER.—The term ‘‘passive 
landowner’’ means an individual who— 
(A) owns property containing an orphan 
mine site; 
(B) had no part in the operation of the or-
phan mine site; and 
(C) took ownership of the property de-
scribed in subparagraph (A) after termination 
of the mining operation at the orphan mine 
site. 
(11) PERSON.—The term ‘‘person’’ means any 
entity described in— 
(A) section 502(5) of the Federal Water 
Pollution Control Act (33 U.S.C. 1362(5)); and 
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(B) section 101(21) of the Comprehensive 
Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601(21)). 
(12) REMEDIATION.— 
(A) IN
GENERAL.—The term ‘‘remedi-
ation’’ means any action taken to investigate, 
characterize, or cleanup, in whole or in part, a 
discharge, release, or threat of release of a haz-
ardous substance, pollutant, or contaminant 
into the environment at or from an orphan 
mine site, or to otherwise protect and improve 
human health and the environment. 
(B) INCLUSION.—The term ‘‘remediation’’ 
includes any action to remove, treat, or contain 
historic mine residue to prevent, minimize, or 
reduce— 
(i) the release or threat of release of 
a hazardous substance, pollutant, or con-
taminant that would harm human health 
or the environment; or 
(ii) a migration or discharge of a haz-
ardous substance, pollutant, or contami-
nant that would harm human health or the 
environment. 
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(13) RESERVATION.—The term ‘‘reservation’’ 
has the meaning given the term ‘‘Indian country’’ in 
section 1151 of title 18, United States Code. 
(14) RESPONSIBLE
OWNER
OR
OPERATOR.— 
The term ‘‘responsible owner or operator’’ means a 
person that is— 
(A)(i) legally responsible under section 301 
of the Federal Water Pollution Control Act (33 
U.S.C. 1311) for a discharge that originates 
from an orphan mine site; and 
(ii) financially able to comply with each re-
quirement described in that section; or 
(B)(i) a present or past owner or operator 
or other person that is liable with respect to a 
release or threat of release of a hazardous sub-
stance, pollutant, or contaminant associated 
with the historic mine residue at or from an or-
phan mine site under section 104, 106, 107, or 
113 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9604, 9606, 9607, 9613); and 
(ii) financially able to comply with each re-
quirement described in those sections, as appli-
cable. 
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SEC. 3. SCOPE. 
Nothing in this Act (or an amendment made by this 
Act)— 
(1) reduces any existing liability; 
(2) releases any person from liability, except in 
compliance with this Act; 
(3) authorizes the conduct of any mining or 
processing other than the conduct of any processing 
of previously mined ores, minerals, wastes, or other 
materials that is authorized by a Good Samaritan 
permit; 
(4) imposes liability on the United States or a 
Federal land management agency pursuant to sec-
tion 107 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) or section 301 of the Federal Water 
Pollution Control Act (33 U.S.C. 1311); or 
(5) relieves the United States or any Federal 
land management agency from any liability under 
section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9607) or section 301 of the Federal 
Water Pollution Control Act (33 U.S.C. 1311) that 
exists apart from any action undertaken pursuant to 
this Act. 
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SEC. 4. ORPHAN MINE SITE GOOD SAMARITAN PILOT 
PROJECT AUTHORIZATION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Administrator shall es-
tablish a pilot program under which the Adminis-
trator shall grant not more than 15 Good Samaritan 
permits to carry out projects to remediate historic 
mine residue at any portions of orphan mine sites in 
accordance with this Act. 
(2) OVERSIGHT
OF
PERMITS.—The Adminis-
trator may oversee the remediation project under 
paragraph (1), and any action taken by the applica-
ble Good Samaritan or any cooperating person 
under the applicable Good Samaritan permit, for the 
duration of the Good Samaritan permit, as the Ad-
ministrator determines to be necessary to review the 
status of the project. 
(b) GOOD SAMARITAN PERMIT ELIGIBILITY.— 
(1) IN GENERAL.—To be eligible to receive a 
Good Samaritan permit to carry out a project to re-
mediate an orphan mine site, a person shall dem-
onstrate that— 
(A) the orphan mine site that is the sub-
ject of the application for a Good Samaritan 
permit is located in the United States; 
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(E) the person is a Good Samaritan with 
respect to the historic mine residue proposed to 
be covered by the Good Samaritan permit. 
(2) IDENTIFICATION
OF
ALL
RESPONSIBLE 
OWNERS OR OPERATORS.— 
(A) IN
GENERAL.—A Good Samaritan 
shall make reasonable and diligent efforts to 
identify, from a review of publicly available in-
formation in land records or on internet 
websites of Federal, State, and local regulatory 
authorities, all responsible owners or operators 
of an orphan mine site proposed to be remedi-
ated by the Good Samaritan under this section. 
(B) EXISTING
RESPONSIBLE
OWNER
OR 
OPERATOR.—If the Administrator determines, 
based on information provided by a Good Sa-
maritan or otherwise, that a responsible owner 
or operator exists for an orphan mine site pro-
posed to be remediated by the Good Samaritan, 
the Administrator shall deny the application for 
a Good Samaritan permit. 
(c) APPLICATION FOR PERMITS.—To obtain a Good 
Samaritan permit, a person shall submit to the Adminis-
trator an application, signed by the person and any co-
operating person, that provides, to the extent known or 
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reasonably discoverable by the person on the date on which 
the application is submitted— 
(1) a description of the orphan mine site (in-
cluding the boundaries of the orphan mine site) pro-
posed to be covered by the Good Samaritan permit; 
(2) a description of all parties proposed to be 
involved in the remediation project, including any co-
operating person and each member of an applicable 
corporation, association, partnership, consortium, 
joint venture, commercial entity, or nonprofit asso-
ciation; 
(3) evidence that the person has or will acquire 
all legal rights or the authority necessary to enter 
the relevant orphan mine site and perform the reme-
diation described in the application; 
(4) a detailed description of the historic mine 
residue to be remediated; 
(5) a detailed description of the expertise and 
experience of the person and the resources available 
to the person to successfully implement and com-
plete the remediation plan under paragraph (7); 
(6) to the satisfaction of the Administrator and 
subject to subsection (d), a description of the base-
line environmental conditions, including potentially 
affected surface water quality and hydrological con-
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ditions, affected by the historic mine residue to be 
remediated that includes— 
(A) the nature and extent of any adverse 
impact on the water quality of any body of 
water caused by the drainage of historic mine 
residue or other discharges from the orphan 
mine site; 
(B) the flow rate and concentration of any 
drainage of historic mine residue or other dis-
charge from the orphan mine site in any body 
of water that has resulted in an adverse impact 
described in subparagraph (A); and 
(C) any other release or threat of release 
of historic mine residue that has resulted in an 
adverse impact to public health or the environ-
ment; 
(7) subject to subsection (d), a remediation 
plan for the orphan mine site that describes— 
(A) the nature and scope of the proposed 
remediation activities, including— 
(i) any historic mine residue to be ad-
dressed by the remediation plan; and 
(ii) a description of the goals of the 
remediation including, if applicable, with 
respect to— 
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(I) the reduction or prevention of 
a release, threat of release, or dis-
charge to surface waters; or 
(II) other appropriate goals relat-
ing to water or soil; 
(B) each activity that the person proposes 
to take that is designed— 
(i) to improve or enhance water qual-
ity or site-specific soil quality relevant to 
the historic mine residue addressed by the 
remediation plan; or 
(ii) to otherwise protect human health 
and the environment (including through 
the prevention of a release, discharge, or 
threat of release to water or soil); 
(C) the monitoring or other form of assess-
ment, if any, that will be undertaken by the 
person to evaluate the success of the activities 
described in subparagraph (A) during and after 
the remediation, with respect to the baseline 
conditions, as described in paragraph (6); 
(D) to the satisfaction of the Adminis-
trator, detailed engineering plans for the 
project; 
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(E) any proposed recycling or reprocessing 
of historic mine residue to be conducted by the 
person (including a description of how all pro-
posed recycling or reprocessing activities relate 
to the remediation of the orphan mine site); 
and 
(F) identification of any proposed con-
tractor that will perform any remediation activ-
ity; 
(8) subject to subsection (d), a schedule for the 
work to be carried out under the project, including 
a schedule for periodic reporting by the person on 
the remediation of the orphan mine site; 
(9) subject to subsection (d), in the case of a 
remediation activity that requires plugging, opening, 
or otherwise altering the portal or adit of an orphan 
mine site, an evaluation of orphan mine site condi-
tions, including an assessment of any pooled water 
or hydraulic pressure in the orphan mine site con-
ducted by a licensed professional engineer; 
(10) a health and safety plan that is specifically 
designed for mining remediation work; 
(11) a specific contingency plan that— 
(A) includes provisions on response and 
notification to Federal, State, and local authori-
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ties with jurisdiction over downstream waters 
that have the potential to be impacted by an 
unplanned release or discharge of hazardous 
substances, pollutants, or contaminants; and 
(B) is designed to respond to unplanned 
adverse events (such as potential fluid release 
that may result from addressing pooled water 
or hydraulic pressure situations), including the 
sudden release of historic mine residue; 
(12) subject to subsection (d), a project budget 
and description of financial resources that dem-
onstrate that the permitted work, including any op-
eration and maintenance, will be completed; 
(13) subject to subsection (d), information dem-
onstrating that the applicant has the financial re-
sources to carry out the remediation (including any 
long-term monitoring that may be required by the 
Good Samaritan permit) or the ability to secure an 
appropriate third-party financial assurance, as deter-
mined by the Administrator, to ensure completion of 
the permitted work, including any long-term oper-
ations and maintenance of remediation activities 
that may be— 
(A) proposed in the application for the 
Good Samaritan permit; or 
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(4) REQUIREMENTS RELATING TO SAMPLES.— 
In conducting investigative sampling of historic mine 
residue, soil, or water, a person shall— 
(A) collect samples that are representative 
of the conditions present at the orphan mine 
site that is the subject of the investigative sam-
pling permit; and 
(B) retain publically available records of all 
sampling events for a period of not less than 3 
years. 
(5) POST-SAMPLING REMEDIATION.— 
(A) REFUSAL TO CONVERT PERMIT.—Sub-
ject to subparagraph (B), a person who obtains 
an investigative sampling permit may decline to 
apply to convert the investigative sampling per-
mit into a Good Samaritan permit under para-
graph (6) and decline to undertake remediation 
on conclusion of investigative sampling. 
(B) RETURN
TO
PREEXISTING
CONDI-
TIONS.—If the activities carried out by a person 
under an investigative sampling permit result in 
surface water quality conditions, or any other 
environmental conditions, that are worse than 
the preexisting conditions of the applicable or-
phan mine site due to historic mine residue at 
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the orphan mine site, the person shall under-
take actions to return the orphan mine site to 
those preexisting conditions. 
(6) PERMIT
CONVERSION.—Not later than 1 
year after the date on which the investigative sam-
pling under the investigative sampling permit con-
cludes, a person to whom an investigative sampling 
permit is granted under paragraph (1) may apply to 
convert an investigative sampling permit into a Good 
Samaritan permit under subsection (e)(1). 
(e) INVESTIGATIVE SAMPLING CONVERSION.— 
(1) IN GENERAL.—A person to which an inves-
tigative sampling permit was granted may submit to 
the Administrator an application in accordance with 
paragraph (2) to convert the investigative sampling 
permit into a Good Samaritan permit. 
(2) APPLICATION.— 
(A) INVESTIGATIVE SAMPLING.—An appli-
cation for the conversion of an investigative 
sampling permit under paragraph (1) shall in-
clude any requirement described in subsection 
(c) that was not included in full in the applica-
tion submitted under subsection (d)(2). 
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(B) PUBLIC NOTICE AND COMMENT.—An 
application for permit conversion under this 
paragraph shall be subject to— 
(i) a period of public notice and com-
ment; and 
(ii) a public hearing, if requested. 
(f) CONTENT OF PERMITS.— 
(1) IN GENERAL.—A Good Samaritan permit 
shall contain— 
(A) the information described in subsection 
(c), including any modification required by the 
Administrator; 
(B)(i) a provision that states that the 
Good Samaritan is responsible for securing, for 
all activities authorized under the Good Samari-
tan permit, all authorizations, licenses, and per-
mits that are required under applicable law ex-
cept for— 
(I) 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); and 
(II) authorizations, licenses, and per-
mits that would not need to be obtained if 
the remediation was conducted pursuant to 
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section 121 of the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9621); or 
(ii) in the case of an orphan mine site in 
a State that is authorized to implement State 
law pursuant to section 402 or 404 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1342, 1344) or on land of an Indian tribe that 
is authorized to implement Tribal law pursuant 
to that section, a provision that states that the 
Good Samaritan is responsible for securing, for 
all activities authorized under the Good Samari-
tan permit, all authorizations, licenses, and per-
mits that are required under applicable law, ex-
cept for— 
(I) the State or Tribal law, as applica-
ble; and 
(II) authorizations, licenses, and per-
mits that would not need to be obtained if 
the remediation was conducted pursuant to 
section 121 of the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9621); 
(C) specific public notification require-
ments, including the contact information for all 
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appropriate response centers in accordance with 
subsection (o); and 
(D) any other terms and conditions deter-
mined to be appropriate by the Administrator. 
(2) FORCE MAJEURE.—A Good Samaritan per-
mit may include, at the request of the Good Samari-
tan, a provision that a Good Samaritan may assert 
a claim of force majeure for any violation of the 
Good Samaritan permit caused solely by— 
(A) an act of God; 
(B) an act of war; 
(C) negligence on the part of the United 
States; or 
(D) an act or omission of a third party, if 
the Good Samaritan— 
(i) exercises due care with respect to 
the actions of the Good Samaritan under 
the Good Samaritan permit, as determined 
by the Administrator; 
(ii) took precautions against foresee-
able acts or omissions of the third party, 
as determined by the Administrator; and 
(iii) uses reasonable efforts— 
(I) to anticipate any potential 
force majeure; and 
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(II) to address the effects of any 
potential force majeure. 
(3) MONITORING.— 
(A) IN
GENERAL.—The Good Samaritan 
shall take such actions as the Good Samaritan 
permits requires to ensure appropriate baseline 
monitoring, monitoring during the remediation 
project, and post-remediation monitoring of the 
environment under paragraphs (6), (7), and 
(15), respectively, of subsection (c). 
(B) MULTIPARTY MONITORING.—The Ad-
ministrator may approve in a Good Samaritan 
permit the monitoring by multiple cooperating 
persons if, as determined by the Adminis-
trator— 
(i) the multiparty monitoring will ef-
fectively accomplish the goals of this sec-
tion; and 
(ii) the Good Samaritan remains re-
sponsible for compliance with the terms of 
the Good Samaritan permit. 
(4) SIGNATURE
BY
GOOD
SAMARITAN.—The 
signature of the relevant Good Samaritan and a co-
operating person, if any, on the Good Samaritan 
permit shall be considered to be an acknowledgment 
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