II 117th CONGRESS 2d Session S. 5294 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.

1. Short title This Act may be cited as the Legacy Mine Cleanup Act of 2022 . 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: 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. . 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 .