§1245. Abandoned hardrock mine reclamation
(a) Establishment
Not later than 90 days after November 15, 2021, the Secretary of the Interior (referred to in this section as the "Secretary") shall establish a program to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on conditions including need, public health and safety, potential environmental harm, and other land use priorities.
(b) Award of grants
Subject to the availability of funds, the Secretary shall provide grants on a competitive or formula basis to States and Indian Tribes that have jurisdiction over abandoned hardrock mine land to reclaim that land.
(c) Eligibility
Amounts made available under this section may only be used for Federal, State, Tribal, local, and private land that has been affected by past hardrock mining activities, and water resources that traverse or are contiguous to such land, including any of the following:
(1) Land and water resources that were-
(A) used for, or affected by, hardrock mining activities; and
(B) abandoned or left in an inadequate reclamation status before November 15, 2021.
(2) Land for which the Secretary makes a determination that there is no continuing reclamation responsibility of a claim holder, liable party, operator, or other person that abandoned the site prior to completion of required reclamation under Federal or State law.
(d) Eligible activities
(1) In general
Amounts made available to carry out this section shall be used to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on the priorities described in subsection (a).
(2) Exclusion
Amounts made available to carry out this section may not be used to fulfill obligations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in a legal settlement or imposed by a court, whether for payment of funds or for work to be performed.
(e) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section $3,000,000,000, to remain available until expended, of which-
(A) 50 percent shall be for grants to States and Indian Tribes under subsection (b) for eligible activities described in subsection (d)(1); and
(B) 50 percent shall be for available to the Secretary for eligible activities described in subsection (d)(1) on Federal land.
(2) Transfer
The Secretary may transfer amounts made available to the Secretary under paragraph (1)(B) to the Secretary of Agriculture for activities described in subsection (a) on National Forest System land.
(
Editorial Notes
References in Text
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (d)(2), is
Codification
Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Good Samaritan Remediation of Abandoned Hardrock Mines
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(A)
"(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.) [sections 2319 to 2328, 2331, 2333 to 2337, and 2344 of the Revised Statutes, 30 U.S.C. 22–24, 26–28, 29, 30, 33–35, 37, 39–42, 47] or on non-Federal land; and
"(ii) for which, based on information supplied by the Good Samaritan after review of publicly available data and after review of other information in the possession of the Administrator, the Administrator or, in the case of a site on land owned by the United States, the Federal land management agency, determines that no responsible owner or operator has been identified-
"(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)
"(C)
"(i) in a temporary shutdown or cessation;
"(ii) included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) or proposed for inclusion on that list;
"(iii) that is the subject of a planned or ongoing response action under 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;
"(iv) that has a responsible owner or operator; or
"(v) that actively mined or processed minerals after December 11, 1980.
"(2)
"(3)
"(4)
"(5)
"(A)
"(B)
"(i) a responsible owner or operator with respect to the abandoned hardrock mine site described in the permit application;
"(ii) a person that had a role in the creation of historic mine residue at the abandoned hardrock mine site described in the permit application; or
"(iii) a Federal agency.
"(6)
"(A) a Good Samaritan permit; and
"(B) an investigative sampling permit.
"(7)
"(8)
"(A) is not a past or current owner or operator of-
"(i) the abandoned hardrock mine site at which the historic mine residue is located; or
"(ii) a portion of that abandoned hardrock mine site;
"(B) had no role in the creation of the historic mine residue; and
"(C) is not potentially liable under any Federal, State, Tribal, or local law for the remediation, treatment, or control of the historic mine residue.
"(9)
"(10)
"(A)
"(B)
"(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 facilities, heap leach piles, dump leach piles, waste rock, overburden, slag piles, or other waste or material resulting from any extraction, beneficiation, or other processing activity that occurred during the active operation of an abandoned hardrock 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 hardrock mine site, such as underground workings, open pits, in-situ leaching operations, ponds, or impoundments;
"(v) any hazardous substance (as defined 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 Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); and
"(vii) any pollutant (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)).
"(11)
"(A) section 518(h) of the Federal Water Pollution Control Act (33 U.S.C. 1377(h)); or
"(B) section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
"(12)
"(13)
"(A) section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)); or
"(B) section 101(21) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(21)).
"(14)
"(A)
"(B)
"(i) the release or threat of release of a hazardous substance, pollutant, or contaminant that would harm human health or the environment; or
"(ii) a migration or discharge of a hazardous substance, pollutant, or contaminant that would harm human health or the environment.
"(C)
"(15)
"(16)
"(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 abandoned hardrock mine site; and
"(ii) financially able to comply with each requirement 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 substance, pollutant, or contaminant associated with the historic mine residue at or from an abandoned hardrock mine site under section 104, 106, 107, or 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604, 9606, 9607, 9613); and
"(ii) financially able to comply with each requirement described in those sections, as applicable.
"SEC. 3. SCOPE.
"Nothing in this Act-
"(1) except as provided in section 4(n), reduces any existing liability under Federal, State, or local law;
"(2) except as provided in section 4(n), releases any person from liability under Federal, State, or local law, 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 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); 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.
"SEC. 4. ABANDONED HARDROCK MINE SITE GOOD SAMARITAN PILOT PROJECT AUTHORIZATION.
"(a)
"(1)
"(2)
"(3)
"(A)
"(B)
"(i) was submitted not later than 180 days before that date; and
"(ii) was completed in accordance with subsection (c) by not later than 7 years after the date of enactment of this Act.
"(C)
"(i) the terms and conditions of the Good Samaritan permit; and
"(ii) this Act.
"(b)
"(1)
"(A) the abandoned hardrock mine site that is the subject of the application for a Good Samaritan permit is located in the United States;
"(B) the purpose of the proposed project is the remediation at that abandoned hardrock mine site of historic mine residue;
"(C) the proposed activities are designed to result in the partial or complete remediation of historic mine residue at the abandoned hardrock mine site within the term of the Good Samaritan permit;
"(D) the proposed project poses a low risk to the environment, as determined by the Administrator;
"(E) to the satisfaction of the Administrator, the person-
"(i) possesses, or has the ability to secure, the financial and other resources necessary-
"(I) to complete the permitted work, as determined by the Administrator; and
"(II) to address any contingencies identified in the Good Samaritan permit application described in subsection (c);
"(ii) possesses the proper and appropriate experience and capacity to complete the permitted work; and
"(iii) will complete the permitted work; and
"(F) the person is a Good Samaritan with respect to the historic mine residue proposed to be covered by the Good Samaritan permit.
"(2)
"(A)
"(B)
"(c)
"(1) a description of the abandoned hardrock mine site (including the boundaries of the abandoned hardrock mine site) proposed to be covered by the Good Samaritan permit;
"(2) a description of all parties proposed to be involved in the remediation project, including any cooperating person and each member of an applicable corporation, association, partnership, consortium, joint venture, commercial entity, or nonprofit association;
"(3) evidence that the person has or will acquire all legal rights or the authority necessary to enter the relevant abandoned hardrock mine site and perform the remediation 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 complete the remediation plan under paragraph (7);
"(6) to the satisfaction of the Administrator and subject to subsection (d), a description of the baseline conditions caused 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 abandoned hardrock mine site;
"(B) the flow rate and concentration of any drainage of historic mine residue or other discharge from the abandoned hardrock 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 human health or the environment;
"(7) subject to subsection (d), a remediation plan for the abandoned hardrock mine site that describes-
"(A) the nature and scope of the proposed remediation activities, including-
"(i) any historic mine residue to be addressed by the remediation plan; and
"(ii) a description of the goals of the remediation including, if applicable, with respect to-
"(I) the reduction or prevention of a release, threat of release, or discharge to surface waters; or
"(II) other appropriate goals relating to water or soil;
"(B) each activity that the person proposes to take that is-
"(i) designed to-
"(I) improve or enhance water quality or site-specific soil or sediment quality relevant to the historic mine residue addressed by the remediation plan, including making measurable progress toward achieving applicable water quality standards; or
"(II) otherwise protect human health and the environment (including through the prevention of a release, discharge, or threat of release to water, sediment, or soil); and
"(ii) otherwise necessary to carry out an activity described in subclause (I) or (II) of clause (i);
"(C) a plan describing the monitoring or other forms of assessment 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 Administrator, detailed engineering plans for the project;
"(E) detailed plans for any proposed recycling or reprocessing of historic mine residue to be conducted by the person (including a description of how all proposed recycling or reprocessing activities contribute to the remediation of the abandoned hardrock mine site); and
"(F) identification of any proposed contractor that will perform any remediation activity;
"(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 abandoned hardrock mine site;
"(9) a health and safety plan that is specifically designed for mining remediation work;
"(10) a specific contingency plan that-
"(A) includes provisions on response and notification to Federal, State, Tribal, and local authorities 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 adverse weather events or a potential fluid release that may result from addressing pooled water or hydraulic pressure situations), including the sudden release of historic mine residue;
"(11) subject to subsection (d), a project budget and description of financial resources that demonstrate that the permitted work, including any operation and maintenance, will be completed;
"(12) subject to subsection (d), information demonstrating that the applicant has the financial resources 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 determined by the Administrator, to ensure completion of the permitted work, including any long-term operations and maintenance of remediation activities that may be-
"(A) proposed in the application for the Good Samaritan permit; or
"(B) required by the Administrator as a condition of granting the permit;
"(13) subject to subsection (d), a detailed plan for any required operation and maintenance of any remediation, including a timeline, if necessary;
"(14) subject to subsection (d), a description of any planned post-remediation monitoring, if necessary; and
"(15) subject to subsection (d), any other appropriate information, as determined by the Administrator or the applicant.
"(d)
"(1)
"(A) baseline conditions; and
"(B) whether the Good Samaritan-
"(i) is willing to perform further remediation to address the historic mine residue; and
"(ii) will proceed with a permit conversion under subsection (e)(1).
"(2)
"(A)
"(B)
"(3)
"(A) each description required under paragraphs (1), (2), and (5) of subsection (c);
"(B) to the extent reasonably known to the applicant, any previously documented water quality data describing conditions at the abandoned hardrock mine site;
"(C) the evidence required under subsection (c)(3);
"(D) each plan required under paragraphs (9) and (10) of subsection (c); and
"(E) a detailed plan of the investigative sampling.
"(4)
"(A)
"(B)
"(i) shall not authorize a Good Samaritan or cooperating person to conduct any reprocessing of material; and
"(ii) may authorize metallurgical testing of historic mine residue to determine whether reprocessing under subsection (f)(4)(B) is feasible.
"(C)
"(i) collect samples that are representative of the conditions present at the abandoned hardrock mine site that is the subject of the investigative sampling permit; and
"(ii) retain publicly available records of all sampling events for a period of not less than 3 years.
"(5)
"(6)
"(A)
"(i) to apply to convert the investigative sampling permit into a Good Samaritan permit under paragraph (5); and
"(ii) to undertake remediation activities on the site where investigative sampling was conducted on conclusion of investigative sampling.
"(B)
"(i)
"(ii)
"(I)
"(II)
"(e)
"(1)
"(2)
"(A)
"(B)
"(i) environmental review and public comment procedures required by subsection (l); and
"(ii) a public hearing, if requested.
"(f)
"(1)
"(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 Samaritan permit, all authorizations, licenses, and permits that are required under applicable law except 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 permits that would not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621); or
"(ii) in the case of an abandoned hardrock mine site in a State that is authorized to implement State law pursuant to section 402 or 404 of the Federal 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 Samaritan permit, all authorizations, licenses, and permits that are required under applicable law, except for-
"(I) the State or Tribal law, as applicable; and
"(II) authorizations, licenses, and permits that would not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621);
"(C) specific public notification requirements, including the contact information for all appropriate response centers in accordance with subsection (o);
"(D) in the case of a project on land owned by the United States, a notice that the Good Samaritan permit serves as an agreement for use and occupancy of Federal land that is enforceable by the applicable Federal land management agency; and
"(E) any other terms and conditions determined to be appropriate by the Administrator or the Federal land management agency, as applicable.
"(2)
"(A) an act of God;
"(B) an act of war;
"(C) negligence on the part of the United States;
"(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 foreseeable 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
"(II) to address the effects of any potential force majeure; or
"(E) a public health emergency declared by the Federal Government or a global government, such as a pandemic or an epidemic.
"(3)
"(A)
"(B)
"(i) the multiparty monitoring will effectively accomplish the goals of this section; and
"(ii) the Good Samaritan remains responsible for compliance with the terms of the Good Samaritan permit.
"(4)
"(A)
"(i) authorized by this Act; or
"(ii) covered by any waiver of liability provided by this Act from applicable law.
"(B)
"(i) the project under the Good Samaritan permit is on land owned by the United States;
"(ii) the applicable Federal land management agency has signed a decision document under subsection (l)(2)(G) approving reprocessing as part of a remediation plan;
"(iii) the proceeds from the sale or use of the materials are used-
"(I) to defray the costs of the remediation; and
"(II) to the extent required by the Good Samaritan permit, to reimburse the Administrator or the head of a Federal land management agency for the purpose of carrying out this Act;
"(iv) any remaining proceeds are deposited into the appropriate Good Samaritan Mine Remediation Fund established by section 5(a); and
"(v) the materials only include historic mine residue.
"(C)
"(g)
"(1) to ensure the functionality of completed remediation activities at the abandoned hardrock mine site; or
"(2) to protect public health and the environment.
"(h)
"(1) shall commence, as applicable-
"(A) not later than the date that is 18 months after the date on which the Administrator granted the Good Samaritan permit, unless the Administrator grants an extension under subsection (r)(2)(A); or
"(B) if the grant of the Good Samaritan permit is the subject of a petition for judicial review, not later than the date that is 18 months after the date on which the judicial review, including any appeals, has concluded; and
"(2) shall continue until completed, with temporary suspensions permitted during adverse weather or other conditions specified in the Good Samaritan permit.
"(i)
"(1) the Administrator determines that the transferee qualifies as a Good Samaritan;
"(2) the transferee signs, and agrees to be bound by the terms of, the permit;
"(3) the Administrator includes in the transferred permit any additional conditions necessary to meet the goals of this section; and
"(4) in the case of a project under the Good Samaritan permit on land owned by the United States, the head of the applicable Federal land management agency approves the transfer.
"(j)
"(1) the Administrator shall-
"(A) consult with prospective applicants;
"(B) convene, coordinate, and lead the application review process;
"(C) maintain all records relating to the Good Samaritan permit and the permit process;
"(D) in the case of a proposed project on State, Tribal, or private land, provide an opportunity for cooperating persons and the public to participate in the Good Samaritan permit process, including-
"(i) carrying out environmental review and public comment procedures pursuant to subsection (l); and
"(ii) a public hearing, if requested; and
"(E) enforce and otherwise carry out this section; and
"(2) the head of an applicable Federal land management agency shall-
"(A) in the case of a proposed project on land owned by the United States, provide an opportunity for cooperating persons and the public to participate in the Good Samaritan permit process, including-
"(i) carrying out environmental review and public comment procedures pursuant to subsection (l); and
"(ii) a public hearing, if requested; and
"(B) in coordination with the Administrator, enforce Good Samaritan permits issued under this section for projects on land owned by the United States.
"(k)
"(1) each local government with jurisdiction over a drinking water utility, and each Indian tribe with reservation or off-reservation treaty rights to land or water, located downstream from or otherwise near a proposed remediation project that is reasonably anticipated to be impacted by the remediation project or a potential release of contaminants from the abandoned hardrock mine site, as determined by the Administrator;
"(2) each Federal, State, and Tribal agency that may have an interest in the application; and
"(3) in the case of an abandoned hardrock mine site that is located partially or entirely on land owned by the United States, the Federal land management agency with jurisdiction over that land.
"(l)
"(1)
"(2)
"(A)
"(B)
"(i) in the case of a proposed project on land owned by the United States that is managed by only 1 Federal land management agency, the applicable Federal land management agency;
"(ii) in the case of a proposed project entirely on State, Tribal, or private land, the Administrator;
"(iii) in the case of a proposed project partially on land owned by the United States and partially on State, Tribal, or private land, the applicable Federal land management agency; and
"(iv) in the case of a proposed project on land owned by the United States that is managed by more than 1 Federal land management agency, the Federal land management agency selected by the Administrator to be the lead agency, after consultation with the applicable Federal land management agencies.
"(C)
"(D)
"(E)
"(i) the issuance of a Good Samaritan permit;
"(ii) any activities authorized by a Good Samaritan permit; and
"(iii) any applicable permits required by the Secretary of the Interior or the Secretary of Agriculture.
"(F)
"(i)
"(ii)
"(G)
"(i) the Administrator; and
"(ii) in the case of a project on land owned by the United States, the head of the applicable Federal land management agency.
"(H)
"(m)
"(1)
"(A) the Administrator determines that-
"(i) the person seeking the permit is a Good Samaritan;
"(ii) the application described in subsection (c) is complete;
"(iii) the project is designed to remediate historic mine residue at the abandoned hardrock mine site to protect human health and the environment;
"(iv) the proposed project is designed to meet all other goals, as determined by the Administrator, including any goals set forth in the application for the Good Samaritan permit that are accepted by the Administrator;
"(v) the proposed activities, as compared to the baseline conditions described in the permit, will make measurable progress toward achieving-
"(I) applicable water quality standards;
"(II) improved soil quality;
"(III) improved sediment quality;
"(IV) other improved environmental or safety conditions; or
"(V) reductions in threats to soil, sediment, or water quality or other environmental or safety conditions;
"(vi) the applicant has-
"(I) demonstrated that the applicant has the proper and appropriate experience and capacity to complete the permitted work;
"(II) demonstrated that the applicant will complete the permitted work;
"(III) the financial and other resources to address any contingencies identified in the Good Samaritan permit application described in subsections (b) and (c);
"(IV) granted access and provided the authority to review the records of the applicant relevant to compliance with the requirements of the Good Samaritan permit; and
"(V) demonstrated, to the satisfaction of the Administrator, that-
"(aa) the applicant has, or has access to, the financial resources to complete the project described in the Good Samaritan permit application, including any long-term monitoring and operations and maintenance that the Administrator may require the applicant to perform in the Good Samaritan permit; or
"(bb) the applicant has established a third-party financial assurance mechanism, such as a corporate guarantee from a parent or other corporate affiliate, letter of credit, trust, surety bond, or insurance to assure that funds are available to complete the permitted work, including for operations and maintenance and to address potential contingencies, that-
"(AA) establishes the Administrator or the head of the Federal land management agency as the beneficiary of the third-party financial assurance mechanism; and
"(BB) allows the Administrator to retain and use the funds from the financial assurance mechanism in the event the Good Samaritan does not complete the remediation under the Good Samaritan permit; and
"(vii) the project meets the requirements of this Act;
"(B) the State or Indian tribe with jurisdiction over land on which the abandoned hardrock mine site is located has been given an opportunity to review and, if necessary, comment on the grant of the Good Samaritan permit;
"(C) in the case of a project proposed to be carried out under the Good Samaritan permit partially or entirely on land owned by the United States, pursuant to subsection (l), the head of the applicable Federal land management agency has signed a decision document approving the proposed project; and
"(D) the Administrator or head of the Federal land management agency, as applicable, has provided-
"(i) environmental review and public comment procedures required by subsection (l); and
"(ii) a public hearing under that subsection, if requested.
"(2)
"(A)
"(i) the date that is 180 days after the date of receipt by the Administrator of an application for the Good Samaritan permit that, as determined by the Administrator, is complete and meets all applicable requirements of subsection (c); or
"(ii) such later date as may be determined by the Administrator with notification provided to the applicant.
"(B)
"(3)
"(n)
"(1)
"(A) shall be considered to be in compliance with all requirements (including permitting requirements) under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (including any law or regulation implemented by a State or Indian tribe under section 402 or 404 of that Act (33 U.S.C. 1342, 1344)) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) during the term of the covered permit, after the termination of the Good Samaritan permit, and after declining to convert an investigative sampling permit into a Good Samaritan permit, as applicable;
"(B) shall not be required to obtain a permit under, or to comply with, 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), or any State or Tribal standards or regulations approved by the Administrator under those sections of that Act, during the term of the covered permit, after the termination of the Good Samaritan permit, and after declining to convert an investigative sampling permit into a Good Samaritan permit, as applicable; and
"(C) shall not be required to obtain any authorizations, licenses, or permits that would otherwise not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621).
"(2)
"(A)
"(B)
"(i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
"(ii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
"(3)
"(A)
"(i) any actions undertaken that are authorized by the covered permit; or
"(ii) any past, present, or future releases, threats of releases, or discharges of hazardous substances, pollutants, or contaminants at or from the abandoned hardrock mine site that is the subject of the covered permit (including any releases, threats of releases, or discharges that occurred prior to the grant of the covered permit).
"(B)
"(i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (including under any law or regulation administered by a State or Indian tribe under that Act); or
"(ii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
"(C)
"(D)
"(E)
"(i) notify the Good Samaritan or cooperating person, as applicable, of the failure to comply; and
"(ii) require the Good Samaritan or the cooperating person, as applicable, to undertake reasonable measures, as determined by the Administrator, to return surface water quality or other environmental conditions to those conditions.
"(F)
"(G)
"(i) that failure or noncompliance does not result in a measurable adverse impact, as determined by the Administrator, on water quality or other environmental conditions; or
"(ii) the Good Samaritan or cooperating person complies with subparagraph (E)(ii).
"(o)
"(1) section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603);
"(2) section 304 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11004);
"(3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
"(4) any other applicable provision of Federal law; and
"(5) any other applicable provision of State, Tribal, or local law.
"(p)
"(1) section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329), for activities that are eligible for funding under that section; and
"(2) section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)), subject to the condition that the recipient of the funding is otherwise eligible under that section to receive a grant to assess or remediate contamination at the site covered by the Good Samaritan permit.
"(q)
"(1)
"(A) the Administrator to take any responsive action authorized by law; or
"(B) a Federal, State, Tribal, or local agency to carry out any emergency authority, including an emergency authority provided under Federal, State, Tribal, or local law.
"(2)
"(r)
"(1)
"(A) on inspection and notice from the Administrator to the recipient of the Good Samaritan permit that the permitted work has been completed in accordance with the terms of the Good Samaritan permit, as determined by the Administrator;
"(B) if the Administrator terminates a permit under paragraph (4)(B); or
"(C) except as provided in paragraph (2)-
"(i) on the date that is 18 months after the date on which the Administrator granted the Good Samaritan permit, if the permitted work has not commenced by that date; or
"(ii) if the grant of the Good Samaritan permit was the subject of a petition for judicial review, on the date that is 18 months after the date on which the judicial review, including any appeals, has concluded, if the permitted work has not commenced by that date.
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"(i)
"(ii)
"(4)
"(A)
"(i) significantly reduces the feasibility or significantly increases the cost of completing the remediation project that is the subject of the Good Samaritan permit;
"(ii) was not-
"(I) reasonably contemplated by the recipient of the Good Samaritan permit; or
"(II) taken into account in the remediation plan of the recipient of the Good Samaritan permit; and
"(iii) is beyond the control of the recipient of the Good Samaritan permit, as determined by the Administrator.
"(B)
"(i) the recipient of the Good Samaritan permit seeks termination of the permit under subparagraph (A);
"(ii) the factors described in subparagraph (A) are satisfied; and
"(iii) the Administrator determines that remediation activities conducted by the Good Samaritan or cooperating person pursuant to the Good Samaritan permit may result in surface water quality conditions, or any other environmental conditions, that will be worse than the baseline conditions, as described in the Good Samaritan permit, as applicable.
"(5)
"(s)
"(1)
"(2)
"(A)
"(B)
"SEC. 5. SPECIAL ACCOUNTS.
"(a)
"(1) each Federal land management agency that authorizes a Good Samaritan to conduct a project on Federal land under the jurisdiction of that Federal land management agency under a Good Samaritan permit; and
"(2) the Environmental Protection Agency.
"(b)
"(1) amounts provided in appropriation Acts;
"(2) any proceeds from reprocessing deposited under section 4(f)(4)(B)(iv);
"(3) any financial assurance funds collected from an agreement described in section 4(m)(1)(A)(vi)(V)(bb);
"(4) any funds collected for long-term operations and maintenance under an agreement under section 4(r)(5); and
"(5) any amounts donated to the Fund by any person.
"(c)
"(d)
"SEC. 6. REPORT TO CONGRESS.
"(a)
"(b)
"(1) a description of-
"(A) the number, types, and objectives of Good Samaritan permits granted pursuant to this Act; and
"(B) each remediation project authorized by those Good Samaritan permits;
"(2) interim or final qualitative and quantitative data on the results achieved under the Good Samaritan permits before the date of issuance of the report;
"(3) a description of-
"(A) any problems encountered in administering this Act; and
"(B) whether the problems have been or can be remedied by administrative action (including amendments to existing law);
"(4) a description of progress made in achieving the purposes of this Act; and
"(5) recommendations on whether the Good Samaritan pilot program under this Act should be continued, including a description of any modifications (including amendments to existing law) required to continue administering this Act."
Definitions
For definition of "Indian Tribe" as used in this section, see section 5304 of Title 25, Indians, as made applicable by section 18701(2) of Title 42, The Public Health and Welfare.