I 
114TH CONGRESS 
1ST SESSION H. R. 3843 
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 
A BILL 
To authorize for a 7-year period the collection of claim 
location and maintenance fees, 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 ‘‘Locatable Minerals 
Claim Location and Maintenance Fees Act of 2015’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is the following: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
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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or withdrawn from mineral entry.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 pro-
gram. 
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. 
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. 
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(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 
metallurgical 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-
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 location, or that were open to mineral entry and 
location at the time of entry or location. 
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(6) GENERAL MINING LAWS.—The term ‘‘gen-
eral mining laws’’ means those Acts that generally 
comprise chapters 2, 11, 12, 12A, 15, and 16, and 
sections 161 and 162, of title 30, United States 
Code, all Acts that are amendatory of or supple-
mentary to any of the foregoing Acts, and the judi-
cial and administrative 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 
(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-
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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 ancil-
lary facilities 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 exam-
ination of a mining claim to determine if it estab-
lishes a valid existing right in a valuable mineral de-
posit (as that term is used in section 2319 of the 
Revised Statutes (30 U.S.C. 22)). 
(11) PERSON.—The term ‘‘person’’ means an 
individual, partnership, association, society, joint 
venture, joint stock company, firm, company, limited 
liability company, corporation, cooperative, or other 
organization, and any instrumentality of State or 
local government, including any publicly owned util-
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ity or publicly owned corporation of State or local 
government. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior, unless otherwise 
specified. 
(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 Ge-
ological 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 Secretary a location fee of $37 not later than 90 days 
after the date of location, at the time the location notice 
is recorded with the Bureau of Land Management. 
(b) ANNUAL
CLAIM
MAINTENANCE
FEE.—Com-
mencing the first calendar year after the date of enact-
ment of this Act, a claimant shall pay the Secretary on 
or before September 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 be-
ginning at noon on September 1. Payment of such claim 
maintenance fee shall be in lieu of the assessment work 
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requirement contained 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 10 OR FEWER 
CLAIMS.— 
(1) IN GENERAL.—The claim maintenance fee 
required under this section shall be waived for a 
claimant 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 assess-
ment 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 which the claim maintenance fee pay-
ment was due. 
(2) HOLDER.—As used in paragraph (1), the 
term ‘‘holder’’ includes— 
(A) the claimant; 
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(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 claim-
ant; and 
(ii) a subsidiary or parent company or 
corporation of the claimant. 
(3) CERTIFICATION
PROCESSING
FEE.—The 
Secretary shall charge a certification processing fee 
of $30 for the filing of a certification under this sub-
section. 
(d) SUSPENSION
OF CLAIM MAINTENANCE
AND 
WAIVER OF COST RECOVERY FEES.— 
(1) CLAIM
MAINTENANCE
FEE.—The claim 
maintenance fees required under this section shall be 
suspended for any claims of a claimant for an area 
that was open to mineral entry and location at the 
time of entry or location that has subsequently been 
segregated or withdrawn from mineral entry and lo-
cation 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, 
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or the claimant has submitted a notice or permit to 
explore or develop their claims or is actively mining. 
(2) COST RECOVERY FEES.—The fees required 
by part 3000 of title 43, Code of Federal Regula-
tions, 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 loca-
tion that has subsequently been segregated or with-
drawn from mineral 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 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. 
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(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 
(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 
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the amount of claim maintenance fee that would oth-
erwise have been required to be timely paid. The 
Secretary 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 forfeiture of the mining claim by the claim holder 
by operation 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. 
SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary of the Interior to carry out mining law administra-
tion program operations $40,000,000 for each of fiscal 
years 2016 through 2026. 
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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 
prepared 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 
memorandum of understanding to share data for the pur-
pose of expanding and maintaining the United States Min-
eral Deposit Database, with each of— 
(1) the Director of the Bureau of Land Man-
agement; 
(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 
fiscal years 2016 through 2022 for operations to admin-
ister the mining laws, the Secretary may use not more 
than $1,000,000 to support the United States Mineral De-
posit Database of which not more than 5 percent may be 
used for overhead expenses. 
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TITLE II—DEPARTMENT OF THE 
INTERIOR 
INACTIVE 
AND 
ABANDONED NONCOAL MINE 
LANDS PROGRAM 
SEC. 201. DEFINITIONS. 
In this title: 
(1) ENVIRONMENTAL HAZARD.—The term ‘‘en-
vironmental hazard’’ means degradation of air, soil, 
or water resources resulting from the effects of past 
mining practices. 
(2) HISTORIC MINE RESIDUE.—The term ‘‘his-
toric mine residue’’ means mine residue, or condi-
tions 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. 
(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-
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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 res-
idue; 
(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 con-
dition or effect resulting from past mining practices, 
that poses a risk of death or serious injury to the 
public, 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. 
SEC. 202. ESTABLISHMENT OF INACTIVE AND ABANDONED 
NONCOAL MINE LANDS PROGRAM. 
(a) ESTABLISHMENT.—There is established in the 
Department of the Interior a program to be known as the 
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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 Pro-
gram, the Secretary shall— 
(1) identify, secure, and remediate physical 
safety hazards and environmental hazards associated 
with inactive and abandoned noncoal mine lands 
that are located on, or affecting, Federal public 
lands, including 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 
associated water resources; and 
(3) identify the persons, if any, who are respon-
sible for paying the costs to remediate such hazards. 
(c) PRIORITIES.—In securing and remediating haz-
ards under this title, the Secretary shall give priority (in 
the following order of priority) to— 
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(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 mines 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 corpora-
tions to participate as partners, including partners that 
are Good Samaritans (as that term is defined in title III), 
to facilitate remediation and securing of physical safety 
or environmental 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 agen-
cies, shall identify a minimum of 20 priority sites on Fed-
eral land containing inactive or abandoned mine sites suit-
able for Good Samaritan projects under title III. 
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(b) NOMINATIONS.—In identifying priority sites 
under subsection (a), the Secretaries shall accept nomina-
tions from the public. 
(c) ANNUAL REVIEW.—The Secretaries shall annu-
ally 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 
Cleanup 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. 
(2) COOPERATING PERSON.—The term ‘‘cooper-
ating person’’ means any person (other than a Fed-
eral agency) that— 
(A) is a Good Samaritan; 
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(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 ‘‘envi-
ronmental laws’’ means— 
(A) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) and any State law 
implementing 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 au-
thorized by statute to exercise jurisdiction, custody, 
or control over lands of the United States. 
(5) GOOD SAMARITAN.—The term ‘‘Good Sa-
maritan’’ means any person that did not participate 
in any way in the creation of, or activities that 
caused, any historic mine residue at the inactive or 
abandoned mine site and that— 
(A) has an ownership interest in the inac-
tive or abandoned mine site, but— 
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(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 in-
terest in the inactive or abandoned mine 
site is conveyed or financed or by a con-
tract 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 
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 condi-
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tions 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 res-
idue; 
(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. 
(8) INDIAN COUNTRY.—The term ‘‘Indian coun-
try’’ has the meaning given the term in section 1151 
of title 18, United States Code. 
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(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 
carrying out permitting responsibilities of the State 
or Indian tribe under this title. 
(11) OFFSITE
MITIGATION
REQUIREMENT.— 
The term ‘‘offsite mitigation requirement’’ means a 
requirement imposed under another Federal law to 
improve, enhance, restore, or create a wetland, 
stream, or habitat conservation area to offset or 
compensate for adverse impacts to similar eco-
systems 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 
the case of a State or tribal program authorized by 
the Administrator under section 304, the lead agen-
cy. 
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(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 
Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin 
Islands, the Commonwealth of the Northern Mari-
anas, 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. 
(B) WATER QUALITY.—A permitting au-
thority shall ensure that remediation carried 
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out pursuant to a permit issued under this sec-
tion— 
(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 con-
dition. 
(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 
another Federal, State, or tribal agency is taking an 
environmental enforcement or response action, un-
less the permitting authority determines, after con-
sultation with any other interested agency, that— 
(A) the proposed project is not incon-
sistent, and will not interfere, with any other 
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planned 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 
require an application for a permit under this sec-
tion to include— 
(A) a description of the project site (in-
cluding the boundaries of the project site and 
any degraded 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 in-
quiry that is reasonable under the cir-
cumstances— 
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(I) all persons that may be le-
gally 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 
mining activities, as of the date of submission 
of the application, of the environment affected 
by the historic mine residue to be remediated, 
including, if available, any sampling data or in-
formation regarding the extent of contamina-
tion; 
(E) a description of— 
(i) the historic mine residue proposed 
to be remediated; 
(ii) the nature and scope of the pro-
posed remediation, including— 
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(I) any proposed recycling or re-
processing of the historic mine res-
idue, how the recycling or reprocess-
ing relates 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 
quality, 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; 
(v) how any material related to the in-
active or abandoned mine site that is iden-
tified or listed as hazardous waste under 
the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.) will be disposed of; 
(vi) 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 re-
mediation on the environment; and 
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(vii) 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 fi-
nancial resources to ensure that the activities 
proposed to be carried out by the applicant, in-
cluding any operation and maintenance activi-
ties 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 
environmental compliance, reclamation, or 
remediation received by the applicant or 
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any cooperating person identified under 
subparagraph (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; 
and 
(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. 
(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 
within 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 
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(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. 
(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 ap-
propriate by the permitting authority, prior to 
submitting 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 
permit for the purposes of subsection (g). 
(d) PUBLIC PARTICIPATION.— 
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(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 hear-
ing to be conducted under this section. 
(3) COMMENTS.—The permitting authority 
shall provide the applicant and the public with the 
opportunity to— 
(A) comment on the draft permit at the 
public hearing; and 
(B) submit written comments to the per-
mitting 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 
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(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.— 
(A) 
CONSULTATION.—In 
considering 
whether to issue a permit for a project to be 
carried out on Federal lands, a permitting au-
thority 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.— 
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(1) IN GENERAL.—A permitting authority shall 
include in a permit issued under this section— 
(A) a description of the activities author-
ized by the permit, including a description of 
any activities 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 
the permittee shall complete the permitted ac-
tivities; 
(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 infor-
mation as may be reasonably necessary to 
ensure the project will result in improve-
ment to the environment; and 
(iii) minimize any short-term adverse 
environmental impacts from the remedi-
ation, to the extent practicable; 
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(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 com-
ply with an offsite mitigation requirement, a 
reference to the offsite mitigation requirement 
and any related permit; and 
(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 
conditions 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 per-
mit. 
(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 
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(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, 
remedial 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 para-
graph, 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 
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arrangement will effectively accomplish the purposes 
of this title. 
(g) EFFECT OF PERMIT.— 
(1) IN GENERAL.—A person authorized by a 
permit issued under this section to carry out activi-
ties— 
(A) shall be deemed to be in compliance 
with environmental laws with respect to such 
activities; and 
(B) shall not be liable under environmental 
laws with respect to such activities, including 
for any costs or damages deriving from the 
prior 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 
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(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. 
(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 estab-
lished for such purpose by the permitting 
authority; and 
(ii) modify or terminate a permit for 
cause, including misrepresentation or a vio-
lation of a permit. 
(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— 
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(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— 
(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 re-
quirements 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; 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 
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before the date that is 30 days before the pro-
posed 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 reme-
diation at or related to the inactive or abandoned mine 
site. 
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— 
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(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 suffi-
cient 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 
Samaritan permit program unless the Administrator 
determines 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. 
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(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 Sa-
maritan permit program approved under this section shall 
be administered in accordance with this title, except that 
nothing in this title precludes a State or Indian tribe from 
imposing more stringent requirements on permit appli-
cants or permittees. 
SEC. 305. ENFORCEMENT. 
(a) IN GENERAL.—A permitting authority may en-
force any violation of this title, with respect to which the 
permitting authority has jurisdiction, by— 
(1) issuing an order to comply with the violated 
provision; or 
(2) commencing a civil action for appropriate 
relief, including a permanent or temporary injunc-
tion. 
(b) MINIMUM REQUIREMENT.—In the event of a per-
mit violation, and absent extraordinary circumstances, the 
court shall, at a minimum, require the person to repair, 
to the extent practicable, the damage to any part of the 
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environment caused by an action of the person in violation 
of the permit. 
(c) CIVIL PENALTY.—Any person who violates this 
title shall be subject to a civil penalty of up to $5,000 
for each day of the violation (except in cases of knowing 
conduct, in which case the civil penalty shall be $32,500 
for each day of the violation). 
SEC. 306. GRANTS ELIGIBILITY. 
A project authorized by a permit issued under this 
title is eligible for funding pursuant to section 319 of the 
Federal Water Pollution Control Act (33 U.S.C. 1329). 
SEC. 307. CONSTRUCTION OF THE NATIONAL ENVIRON-
MENTAL POLICY ACT OF 1969. 
No action of the Administrator taken pursuant to 
this title shall be required to comply with section 102 of 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4332). 
SEC. 308. USE OF PROJECTS TO MEET OFFSITE MITIGATION 
REQUIREMENTS. 
A project authorized by a permit issued under this 
title shall be considered to satisfy all or part of any offsite 
mitigation requirement of the permittee, upon approval by 
the authority imposing the offsite mitigation requirement. 
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SEC. 309. STATE AND TRIBAL RECLAMATION PLANS UNDER 
THE SURFACE MINING CONTROL AND REC-
LAMATION ACT OF 1977. 
No State or Indian tribe conducting remediation of 
an inactive or abandoned mine site pursuant to an ap-
proved State or tribal abandoned mine reclamation plan 
approved under title IV of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) shall, 
with respect to the remediation activities, be required to 
obtain a permit under the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.). 
SEC. 310. SAVINGS PROVISIONS. 
(a) EMERGENCY AUTHORITY.—Nothing in this title 
affects the authority of a Federal, State, tribal, or local 
agency to carry out any emergency authority, including 
an emergency authority under environmental laws. 
(b) LIABILITY UNDER OTHER LAWS.—Except as 
provided in section 303(g), nothing in this title or a permit 
issued under this title limits the liability of any person 
under any other provision of law. 
SEC. 311. SUNSET. 
(a) IN GENERAL.—No permitting authority may 
issue a permit under this title after the date that is 7 years 
after the date of enactment of this title. 
(b) STUDY; REPORT.— 
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(1) STUDY.—Not earlier than 5 years after the 
date of enactment of this title, the Administrator, 
the Secretary of the Interior, and the Secretary of 
Agriculture, in consultation with the Interstate Min-
ing Compact Commission, shall enter into an ar-
rangement with the National Academy of Sciences, 
for execution by the Board on Earth Sciences and 
Resources, to conduct a detailed, comprehensive 
study of the effectiveness of the permitting activities 
carried out under this title. 
(2) REPORT.—Not later than 7 years after the 
date of enactment of this title, the Board on Earth 
Sciences and Resources shall submit to Congress, 
the appropriate Federal agencies, and the Governors 
of each of the States represented by the Interstate 
Mining Compact Commission a report containing— 
(A) the results of the study conducted 
under paragraph (1); and 
(B) 
any 
recommendations 
regarding 
whether the permitting activities carried out 
under this title should be reauthorized and, if 
so, any changes that should be made to improve 
the effectiveness of the activities. 
(3) FUNDING.—From the funds collected as 
claim location fees and maintenance fees under sec-
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tion 102, the Secretary of the Interior shall provide 
to the National Academy of Sciences such funds as 
it requests, not to exceed $2,000,000, for the pur-
pose of conducting the study required under this sec-
tion. 
Æ 
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