Title: Legacy Mine Cleanup Act of 2022
Policy area: Environmental Protection

Summary:
Legacy Mine Cleanup Act of 2022
This bill establishes the Office of Mountains, Deserts, and Plains within the Environmental Protection Agency. The office must address abandoned hardrock mines, including by (1) establishing and annually updating a list of abandoned hardrock mine sites that are prioritized for response actions, and (2) updating every five years an interagency plan to carry out response actions at Navajo Nation abandoned uranium mine sites.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5294 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5294

 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to establish within the Environmental Protection 
  Agency the Office of Mountains, Deserts, and Plains, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2022

 Mr. Kelly (for himself and Ms. Lummis) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to establish within the Environmental Protection 
  Agency the Office of Mountains, Deserts, and Plains, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legacy Mine Cleanup Act of 2022''.

SEC. 2. OFFICE OF MOUNTAINS, DESERTS, AND PLAINS.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding 
at the end the following:

``SEC. 129. OFFICE OF MOUNTAINS, DESERTS, AND PLAINS.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                    ``(A) the Committee on Appropriations of the 
                Senate;
                    ``(B) the Committee on Energy and Natural Resources 
                of the Senate;
                    ``(C) the Committee on Environment and Public Works 
                of the Senate;
                    ``(D) the Committee on Health, Education, Labor, 
                and Pensions of the Senate;
                    ``(E) the Committee on Indian Affairs of the 
                Senate;
                    ``(F) the Committee on Appropriations of the House 
                of Representatives;
                    ``(G) the Committee on Energy and Commerce of the 
                House of Representatives;
                    ``(H) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    ``(I) the Committee on Natural Resources of the 
                House of Representatives; and
                    ``(J) the Committee on Oversight and Reform of the 
                House of Representatives.
            ``(2) Covered mine.--The term `covered mine' means an 
        abandoned hardrock mine site.
            ``(3) Eligible non-NPL site.--The term `eligible non-NPL 
        site' means a site--
                    ``(A) that is not on the National Priorities List; 
                but
                    ``(B) with respect to which the Administrator 
                determines that--
                            ``(i) the site would be eligible for 
                        listing on the National Priorities List based 
                        on the presence of hazards from contamination 
                        at the site, applying the hazard ranking system 
                        described in section 105(c); and
                            ``(ii) for removal site evaluations, 
                        engineering evaluations/cost analyses, remedial 
                        planning activities, remedial investigations 
                        and feasibility studies, and other actions 
                        taken pursuant to section 104(b), the site--
                                    ``(I) has undergone a pre-CERCLA 
                                screening; and
                                    ``(II) is included in the Superfund 
                                Enterprise Management System.
            ``(4) Navajo nation abandoned uranium mine site.--The term 
        `Navajo Nation abandoned uranium mine site' means an abandoned 
        uranium mine site on land of the Navajo Nation.
            ``(5) Office.--The term `Office' means the Office of 
        Mountains, Deserts, and Plains established by subsection 
        (b)(1).
            ``(6) Regional office.--The term `Regional Office' means a 
        Regional Office of the Environmental Protection Agency.
    ``(b) Establishment.--
            ``(1) In general.--There is established within the 
        Environmental Protection Agency the Office of Mountains, 
        Deserts, and Plains.
            ``(2) Director.--The Office shall be headed by a Director, 
        to be appointed by the Administrator (or a designee).
    ``(c) Purposes.--The purposes of the Office shall be--
            ``(1) to coordinate and provide oversight over response 
        actions of the Environmental Protection Agency carried out at a 
        covered mine in accordance with this Act;
            ``(2) to establish and disseminate best practices for 
        covered mine response actions, including identifying innovative 
        technologies and reuse approaches that support those response 
        actions;
            ``(3) to collaborate with Regional Offices, Federal land 
        management agencies, States, and voluntary nongovernmental 
        organizations, watershed groups, nonliable mining companies, 
        and other entities to facilitate voluntary response actions at 
        covered mines;
            ``(4) to lead Environmental Protection Agency efforts to 
        coordinate and expedite the completion of response actions at 
        covered mines on Tribal land, including Navajo Nation abandoned 
        uranium mine sites;
            ``(5) to coordinate with the Secretary of the Interior, the 
        Secretary of Energy, the Secretary of Health and Human 
        Services, the Nuclear Regulatory Commission, and other Federal 
        agencies, as the Administrator determines to be appropriate, to 
        ensure interagency coordination of covered mine response 
        actions, with priority given to coordinating, and where 
        possible, combining, Federal efforts to fund response actions 
        at covered mines for which there is no potentially responsible 
        party; and
            ``(6) to carry out other actions, as determined to be 
        necessary by the Administrator--
                    ``(A) to support efforts to investigate, 
                characterize, or cleanup a discharge, release, or 
                threat of release of a hazardous substance, pollutant, 
                or contaminant into the environment at or from a 
                covered mine; or
                    ``(B) to otherwise protect and improve human health 
                and the environment.
    ``(d) Duties.--The Administrator shall carry out through the 
Office, at a minimum, the following duties:
            ``(1) Emphasis list.--
                    ``(A) In general.--The Administrator shall 
                establish a list of covered mines that are prioritized 
                for response actions under this Act.
                    ``(B) Updates; reports.--The Administrator shall 
                annually--
                            ``(i) update the list under subparagraph 
                        (A); and
                            ``(ii) submit to the appropriate committees 
                        of Congress a report describing the covered 
                        mines on the list.
                    ``(C) Coordination.--The Administrator shall--
                            ``(i) regularly coordinate with Regional 
                        Offices, Federal agencies, States, Indian 
                        tribes, and stakeholders to make progress with 
                        respect to the covered mines on the list under 
                        subparagraph (A); and
                            ``(ii) ensure that Regional Offices make 
                        progress with respect to each covered mine on 
                        the list.
            ``(2) Community engagement.--The Administrator shall--
                    ``(A) maintain and update, as needed, best 
                practices for engaging with local communities with 
                respect to response actions on covered mines; and
                    ``(B) coordinate with Regional Offices to support 
                engagement with local communities described in 
                subparagraph (A).
            ``(3) Process improvement.--
                    ``(A) In general.--The Administrator shall--
                            ``(i) establish a standard process for 
                        developing, reviewing, and approving site 
                        assessments, remedial investigations, and 
                        feasibility studies for covered mines;
                            ``(ii) conduct research of, and identify, 
                        technologies and remedial and removal 
                        approaches that are the most successful in 
                        limiting the acute and chronic risks posted to 
                        human health and the environment by covered 
                        mines;
                            ``(iii) to the extent technically feasible, 
                        establish remedial and removal standards for 
                        various types of covered mines, including type 
                        of mineral and design; and
                            ``(iv) support--
                                    ``(I) consultations with Indian 
                                tribes with respect to covered mines; 
                                and
                                    ``(II) efforts to provide regular 
                                updates to all levels a Tribal 
                                government with respect to response 
                                actions for covered mines.
                    ``(B) Tribal consultation.--In supporting 
                consultations with Indian tribes under subparagraph 
                (A)(iv)(I), the Administrator shall--
                            ``(i) share all available covered mine data 
                        with Tribal partners; and
                            ``(ii) ensure that Tribal allottee right-
                        of-way regulations of the Eastern Regional 
                        Office of the Bureau of Indian Affairs are 
                        followed.
            ``(4) Interagency plan to address uranium contamination on 
        the navajo nation.--Not later than 1 year after the date of 
        enactment of this section, and not less frequently than once 
        every 5 years thereafter, the Administrator, in consultation 
        with all levels of affected Tribal governments, shall prepare 
        and submit to the appropriate committees of Congress a report 
        describing a multi-year interagency plan for the coordination 
        of the Federal Government with States and Tribal governments to 
        carry out response actions at Navajo Nation abandoned uranium 
        mine sites, including--
                    ``(A) goals for the assessment of, and response 
                actions at, Navajo Nation abandoned uranium mine sites;
                    ``(B) target dates by which goals described in 
                subparagraph (A) are anticipated to be achieved; and
                    ``(C) the activities to be carried out by each 
                Federal agency under the plan.
            ``(5) Administrative and technical assistance.--The 
        Administrator shall, as appropriate, provide to States, units 
        of local government, Indian tribes, and other entities 
        technical assistance with respect to response actions on 
        covered mines.
    ``(e) Authorization of Appropriations for Superfund Actions at 
Abandoned Hardrock Mining Sites on Tribal Land.--
            ``(1) Authorization of appropriations.--In addition to 
        amounts otherwise available, there are authorized to be 
        appropriated for each of fiscal years 2023 through 2032, to 
        remain available until expended--
                    ``(A) $97,000,000 to the Administrator to carry out 
                this subsection (except for paragraph (3)); and
                    ``(B) $3,000,000 to the Administrator of the Agency 
                for Toxic Substances and Disease Registry to carry out 
                paragraph (3).
            ``(2) Uses of amounts.--Amounts appropriated under 
        paragraph (1)(A) shall be used by the Administrator--
                    ``(A) to carry out removal actions on abandoned 
                hardrock mine land located on Tribal land;
                    ``(B) to carry out response actions, including 
                removal and remedial planning activities, removal and 
                remedial studies, remedial actions, and other actions 
                taken pursuant to section 104(b) on abandoned hardrock 
                mine land located on Tribal land at--
                            ``(i) eligible non-NPL sites; and
                            ``(ii) sites listed on the National 
                        Priorities List; and
                    ``(C) to make grants under paragraph (4).
            ``(3) Health assessments.--Subject to the availability of 
        appropriations, the Agency for Toxic Substances and Disease 
        Registry, in coordination with Tribal health authorities, shall 
        perform 1 or more health assessments at each eligible non-NPL 
        site that is located on Tribal land.
            ``(4) Tribal grants.--
                    ``(A) In general.--The Administrator may use 
                amounts appropriated under paragraph (1)(A) to make 
                grants to eligible entities for the purposes described 
                in subparagraph (C).
                    ``(B) Eligible entities.--An entity that is 
                eligible to receive a grant under this paragraph is--
                            ``(i) the governing body of an Indian 
                        tribe; and
                            ``(ii) a legally established organization 
                        of Indians that--
                                    ``(I) is controlled, sanctioned, or 
                                chartered by the governing bodies of 1 
                                or more Indian tribes to be served, or 
                                that is democratically elected by the 
                                adult members of the Indian community 
                                to be served, by that organization; and
                                    ``(II) includes the maximum 
                                participation of Indians in all phases 
                                of the activities of that organization.
                    ``(C) Use of grant funds.--A grant under this 
                paragraph shall be used--
                            ``(i) for carrying out activities in 
                        accordance with the second sentence of section 
                        117(e)(1);
                            ``(ii) for obtaining technical assistance 
                        in carrying out response actions under clause 
                        (iii); or
                            ``(iii) for carrying out response actions, 
                        if the Administrator determines that the Indian 
                        tribe has the capability to carry out any or 
                        all of those response actions in accordance 
                        with the criteria and priorities established 
                        pursuant to section 105(a)(8).
                    ``(D) Applications.--To be eligible to receive a 
                grant under this paragraph, an eligible entity shall 
                submit to the Administrator an application at such 
                time, in such manner, and containing such information 
                as the Administrator may require.
                    ``(E) Cost share.--The Federal share of the cost of 
                activities carried out using a grant under this 
                paragraph shall be 100 percent.
            ``(5) Statute of limitations.--If a response action 
        described in paragraph (2)(B) is scheduled at an eligible non-
        NPL site, no action may be commenced for damages with respect 
        to that eligible non-NPL site unless the action is commenced 
        within the timeframe provided for such actions with respect to 
        facilities on the National Priorities List in the first 
        sentence of the matter following subparagraph (B) of section 
        113(g)(1).
            ``(6) Coordination.--The Administrator shall coordinate 
        with the Indian tribe on whose land the applicable site is 
        located in--
                    ``(A) selecting and prioritizing sites for response 
                actions under subparagraphs (A) and (B) of paragraph 
                (2); and
                    ``(B) carrying out those response actions.''.

SEC. 3. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.

    Section 560 of the Water Resources Development Act of 1999 (33 
U.S.C. 2336) is amended--
            (1) in subsection (c), by inserting ``or on land taken into 
        trust by the Secretary of the Interior on behalf of, and for 
        the benefit of, an Indian Tribe'' after ``land owned by the 
        United States''; and
            (2) in subsection (f), by striking ``$30,000,000'' and 
        inserting ``$50,000,000''.
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