I 
113TH CONGRESS 
1ST SESSION H. R. 2970 
To facilitate the remediation of abandoned hardrock mines, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2013 
Mr. TIPTON introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To facilitate the remediation of abandoned 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 
Cleanup of Abandoned Hardrock Mines Act of 2013’’. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the Federal Government and State govern-
ments have encouraged hardrock mining in the 
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United States through a wide variety of laws, poli-
cies, and actions; 
(2) mining operations produce metals and min-
erals that have important social benefits and values; 
(3) many areas in the United States at which 
historic mining operations took place are now the lo-
cations of inactive and abandoned mine sites; 
(4) the mining activities that took place prior to 
the enactment of modern environmental laws often 
disturbed public and private land, and those disturb-
ances led to environmental pollution, including the 
discharge of pollutants into surface water and 
groundwater; 
(5) many of the individuals and corporate own-
ers and operators of mines the actions of which 
caused the pollution described in paragraph (4) are 
no longer alive or in existence; 
(6) many of the historic mining sites have pol-
luted the environment for more than a century and, 
unless remedied, will continue to do so indefinitely; 
(7) unabated discharges from inactive and 
abandoned mines will continue to pollute surface 
water, groundwater, and soils; 
(8) many of the streams and water bodies im-
pacted by acid mine drainage are important re-
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sources for fish and wildlife, recreation, drinking 
water, agriculture, and other public purposes; 
(9) some of the remaining owners and operators 
of historic mine sites do not have adequate resources 
to properly conduct the remediation of the mine sites 
under applicable environmental laws; 
(10) from time to time, States, individuals, and 
companies are willing to remediate historic mine 
sites for the public good as Good Samaritans, de-
spite the fact that those States, individuals, and 
companies are not legally required to do so; 
(11) Good Samaritan remediation activities 
may— 
(A) vary in size and complexity; 
(B) reflect a myriad of methods by which 
mine residue may be cleaned up; and 
(C) include, among other activities— 
(i) the removal, relocation, or manage-
ment of tailings or other waste piles; 
(ii) passive or active water treatment; 
and 
(iii) runoff or runon controls; 
(12) the potential obligations, requirements, 
and liabilities under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) that may at-
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tach to Good Samaritans as the result of the con-
duct by the Good Samaritans of remediation activi-
ties can dissuade potential Good Samaritans from 
acting for the public good; 
(13) it is in the interest of the United States, 
the States, and local communities to remediate his-
toric mine sites— 
(A) in appropriate circumstances and to 
the maximum extent practicable; and 
(B) so that the detrimental environmental 
impacts of the historic mine sites are lessened 
in the future; and 
(14) if appropriate protections are provided to 
Good Samaritans, Good Samaritans will have a 
greater incentive to remediate historic mine sites for 
the public good. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to encourage the partial or complete remedi-
ation of inactive and abandoned mine sites for the 
public good by individuals or entities that are not le-
gally responsible for the remediation; 
(2) to allow any individual or entity not legally 
responsible for environmental conditions relating to 
an inactive or abandoned mine site— 
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(A) to make further progress toward the 
goal of meeting water quality standards in all 
water of the United States; and 
(B) to improve other environmental media 
affected by past mining activities at the inactive 
or abandoned mine site without incurring any 
obligation or liability with respect to the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1251 et seq.); 
(3) to ensure that remediation activities per-
formed by Good Samaritans— 
(A) result in actual and significant envi-
ronmental benefits; and 
(B) are carried out— 
(i) with the approval and agreement, 
and at the discretion, of affected Federal, 
State, and tribal authorities; 
(ii) in a manner that enables the pub-
lic to conduct a review of, and submit com-
ments relating to, the remediation activi-
ties; and 
(iii) in a manner that is beneficial to 
the environment and each community af-
fected by the remediation activities; and 
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(4) to further the innovations of, and coopera-
tion among, the Federal Government, State and 
tribal governments, private individuals, and corpora-
tions to accelerate efforts relating to conservation 
and environmental restoration. 
SEC. 3. SCOPE. 
Nothing in this Act (or an amendment made by this 
Act)— 
(1) reduces any existing liability; or 
(2) facilitates the conduct of any mining or 
processing other than the conduct of any mining or 
processing that is required for the remediation of 
historic mine residue for the public good. 
SEC. 4. GOOD SAMARITAN DISCHARGE PERMITS. 
Section 402 of the Federal Water Pollution Control 
Act (33 U.S.C. 1342) is amended by adding at the end 
the following: 
‘‘(s) GOOD SAMARITAN DISCHARGE PERMITS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COOPERATING PERSON.— 
‘‘(i) IN GENERAL.—The term ‘cooper-
ating person’ means any person that— 
‘‘(I) is a Good Samaritan; 
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‘‘(II) assists a permittee in the 
remediation of an inactive or aban-
doned mine site; and 
‘‘(III) is identified in a Good Sa-
maritan 
discharge 
permit 
issued 
under paragraph (2). 
‘‘(ii) INCLUSION.—The term ‘cooper-
ating person’ includes the Federal Govern-
ment. 
‘‘(B) ELIGIBLE APPLICANT.—The term ‘el-
igible applicant’ means a person that— 
‘‘(i) is a Good Samaritan; and 
‘‘(ii) proposes a project, the purpose 
of which is to remediate, in whole or in 
part, actual or threatened pollution caused 
by historic mine residue at an inactive or 
abandoned mine site. 
‘‘(C) GOOD SAMARITAN.—The term ‘Good 
Samaritan’ means a person that, with respect 
to historic mine residue at an inactive or aban-
doned mine site— 
‘‘(i) had no role in the creation of the 
historic mine residue; 
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‘‘(ii) had no role in creating any envi-
ronmental pollution caused by the historic 
mine residue; and 
‘‘(iii) is not liable under any Federal, 
State, tribal, or local law for the remedi-
ation of the historic mine residue. 
‘‘(D) HISTORIC MINE RESIDUE.— 
‘‘(i) IN GENERAL.—The term ‘historic 
mine residue’ means mine residue or any 
condition resulting from activities at an in-
active or abandoned mine site prior to Oc-
tober 18, 1972, that— 
‘‘(I) causes or contributes to the 
actual or threatened discharge of pol-
lutants from the inactive or aban-
doned mine site; or 
‘‘(II) otherwise pollutes the envi-
ronment. 
‘‘(ii) INCLUSIONS.—The term ‘historic 
mine residue’ includes— 
‘‘(I) ores and minerals that— 
‘‘(aa) were mined during the 
active operation of an inactive or 
abandoned mine site; and 
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‘‘(bb) contribute to acid 
mine drainage or other environ-
mental pollution; 
‘‘(II) equipment (including mate-
rials in equipment); 
‘‘(III) any waste or material re-
sulting from any extraction, beneficia-
tion, or other processing activity that 
occurred during the active operation 
of an inactive or abandoned mine site; 
and 
‘‘(IV) any acidic or otherwise pol-
luted flow in surface water or ground-
water that originates from an inactive 
or abandoned mine site. 
‘‘(E) IDENTIFIABLE
OWNER
OR
OPER-
ATOR.—The term ‘identifiable owner or oper-
ator’ means a person that is— 
‘‘(i) legally responsible under section 
301 for a discharge that originates from 
an inactive or abandoned mine site; and 
‘‘(ii) financially capable of complying 
with each requirement described in this 
section and section 301. 
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‘‘(F) INACTIVE
OR
ABANDONED
MINE 
SITE.— 
‘‘(i) IN GENERAL.—The term ‘inactive 
or abandoned mine site’ means a mine site 
(including associated facilities) that— 
‘‘(I) is located in the United 
States; 
‘‘(II) was used for the production 
of a mineral other than coal; 
‘‘(III) has historic mine residue; 
and 
‘‘(IV) is no longer actively mined 
on the date on which an eligible appli-
cant submits to a permitting authority 
a remediation plan relating to an ap-
plication for a Good Samaritan dis-
charge permit under paragraph (3)(B) 
for the remediation of the mine site. 
‘‘(ii) EXCLUSIONS.—The term ‘inac-
tive or abandoned mine site’ does not in-
clude a mine site (including associated fa-
cilities) that is— 
‘‘(I) in a temporary shutdown; 
‘‘(II) included on the National 
Priorities List developed by the Presi-
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