[118th Congress Public Law 155]
[From the U.S. Government Publishing Office]



[[Page 1691]]

   GOOD SAMARITAN REMEDIATION OF ABANDONED HARDROCK MINES ACT OF 2024

[[Page 138 STAT. 1692]]

Public Law 118-155
118th Congress

                                 An Act


 
   To promote remediation of abandoned hardrock mines, and for other 
 purposes. <<NOTE: Dec. 17, 2024 -  [S. 2781]>>  <<NOTE: Good Samaritan 
    Remediation of Abandoned Hardrock Mines Act of 2024. 30 USC 1245 
                                note.>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Good Samaritan 
Remediation of Abandoned Hardrock Mines Act of 2024. 30 USC 1245 
note.>> 
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) Abandoned hardrock mine site.--
                    (A) In general.--The term ``abandoned hardrock mine 
                site'' means an abandoned or inactive hardrock mine site 
                and any facility associated with an abandoned or 
                inactive hardrock mine site--
                          (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.) 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) Inclusion.--The term ``abandoned hardrock mine 
                site'' includes a hardrock mine site (including 
                associated facilities) that was previously the subject 
                of a completed response action under the Comprehensive 
                Environmental

[[Page 138 STAT. 1693]]

                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.) or a similar Federal and State 
                reclamation or cleanup program, including the 
                remediation of mine-scarred land under the brownfields 
                revitalization program under section 104(k) of that Act 
                (42 U.S.C. 9604(k)).
                    (C) Exclusions.--The term ``abandoned hardrock mine 
                site'' does not include a mine site (including 
                associated facilities)--
                          (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) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Applicable water quality standards.--The term 
        ``applicable water quality standards'' means the water quality 
        standards promulgated by the Administrator or adopted by a State 
        or Indian tribe and approved by the Administrator pursuant to 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.).
            (4) Baseline conditions.--The term ``baseline conditions'' 
        means the concentrations, locations, and releases of any 
        hazardous substances, pollutants, or contaminants, as described 
        in the Good Samaritan permit, present at an abandoned hardrock 
        mine site prior to undertaking any action under this Act.
            (5) Cooperating person.--
                    (A) In general.--The term ``cooperating person'' 
                means any person that is named by the Good Samaritan in 
                the permit application as a cooperating entity.
                    (B) Exclusions.--The term ``cooperating person'' 
                does not include--
                          (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) Covered permit.--The term ``covered permit'' means--
                    (A) a Good Samaritan permit; and
                    (B) an investigative sampling permit.
            (7) Federal land management agency.--The term ``Federal land 
        management agency'' means any Federal agency authorized by law 
        or executive order to exercise jurisdiction, custody, or control 
        over land owned by the United States.

[[Page 138 STAT. 1694]]

            (8) Good samaritan.--The term ``Good Samaritan'' means a 
        person that, with respect to historic mine residue, as 
        determined by the Administrator--
                    (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) Good samaritan permit.--The term ``Good Samaritan 
        permit'' means a permit granted by the Administrator under 
        section 4(a)(1).
            (10) Historic mine residue.--
                    (A) In general.--The term ``historic mine residue'' 
                means mine residue or any condition at an abandoned 
                hardrock mine site resulting from hardrock mining 
                activities.
                    (B) Inclusions.--The term ``historic mine residue'' 
                includes--
                          (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) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in--
                    (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).

[[Page 138 STAT. 1695]]

            (12) Investigative sampling permit.--The term 
        ``investigative sampling permit'' means a permit granted by the 
        Administrator under section 4(d)(1).
            (13) Person.--The term ``person'' means any entity described 
        in--
                    (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) Remediation.--
                    (A) In general.--The term ``remediation'' means any 
                action taken to investigate, characterize, or cleanup, 
                in whole or in part, a discharge, release, or threat of 
                release of a hazardous substance, pollutant, or 
                contaminant into the environment at or from an abandoned 
                hardrock mine site, or to otherwise protect and improve 
                human health and the environment.
                    (B) Inclusion.--The term ``remediation'' includes 
                any action to remove, treat, or contain historic mine 
                residue to prevent, minimize, or reduce--
                          (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) Exclusion.--The term ``remediation'' does not 
                include any action that requires plugging, opening, or 
                otherwise altering the portal or adit of the abandoned 
                hardrock mine site.
            (15) Reservation.--The term ``reservation'' has the meaning 
        given the term ``Indian country'' in section 1151 of title 18, 
        United States Code.
            (16) Responsible owner or operator.--The term ``responsible 
        owner or operator'' means a person that is--
                    (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;

[[Page 138 STAT. 1696]]

            (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) Establishment.--
            (1) In general.--The Administrator shall establish a pilot 
        program under which the Administrator shall grant not more than 
        15 Good Samaritan permits to carry out projects to remediate 
        historic mine residue at any portions of abandoned hardrock mine 
        sites in accordance with this Act.
            (2) Oversight of permits.--The Administrator may oversee the 
        remediation project under paragraph (1), and any action taken by 
        the applicable Good Samaritan or any cooperating person under 
        the applicable Good Samaritan permit, for the duration of the 
        Good Samaritan permit, as the Administrator determines to be 
        necessary to review the status of the project.
            (3) Sunset.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the pilot program described in paragraph (1) shall 
                terminate on the date that is 7 years after the date of 
                enactment of this Act.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                the Administrator may grant a Good Samaritan permit 
                pursuant to this Act after the date identified in 
                subparagraph (A) if the application for the Good 
                Samaritan permit--
                          (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) Effect on certain permits.--Any Good Samaritan 
                permit granted by the deadline prescribed in 
                subparagraph (A) or (B), as applicable, that is in 
                effect on the date that is 7 years after the date of 
                enactment of this Act shall remain in effect after that 
                date in accordance with--
                          (i) the terms and conditions of the Good 
                      Samaritan permit; and
                          (ii) this Act.

[[Page 138 STAT. 1697]]

    (b) Good Samaritan Permit Eligibility.--
            (1) <<NOTE: Determination.>>  In general.--To be eligible to 
        receive a Good Samaritan permit to carry out a project to 
        remediate an abandoned hardrock mine site, a person shall 
        demonstrate that, as determined by the Administrator--
                    (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) Identification of all responsible owners or operators.--
                    (A) <<NOTE: Review.>>  In general.--A Good Samaritan 
                shall make reasonable and diligent efforts to identify, 
                from a review of publicly available information in land 
                records or on internet websites of Federal, State, and 
                local regulatory authorities, all responsible owners or 
                operators of an abandoned hardrock mine site proposed to 
                be remediated by the Good Samaritan under this section.
                    (B) <<NOTE: Determination.>>  Existing responsible 
                owner or operator.--If the Administrator determines, 
                based on information provided by a Good Samaritan or 
                otherwise, that a responsible owner or operator exists 
                for an abandoned hardrock mine site proposed to be 
                remediated by the Good Samaritan, the Administrator 
                shall deny the application for a Good Samaritan permit.

    (c) <<NOTE: Plans.>>  Application for Permits.--To obtain a Good 
Samaritan permit, a person shall submit to the Administrator an 
application, signed by the person and any cooperating person, that 
provides, to the extent known or reasonably discoverable by the person 
on the date on which the application is submitted--
            (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;

[[Page 138 STAT. 1698]]

            (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

[[Page 138 STAT. 1699]]

                          (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) <<NOTE: Contracts.>>  identification of any 
                proposed contractor that will perform any remediation 
                activity;
            (8) <<NOTE: Schedules.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Timeline.>>  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) <<NOTE: Applicability.>>  subject to subsection (d), 
        any other appropriate information, as determined by the 
        Administrator or the applicant.

[[Page 138 STAT. 1700]]

    (d) Investigative Sampling.--
            (1) <<NOTE: Determinations.>>  Investigative sampling 
        permits.--The Administrator may grant an investigative sampling 
        permit for a period determined by the Administrator to authorize 
        a Good Samaritan to conduct investigative sampling of historic 
        mine residue, soil, sediment, or water to determine--
                    (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) Number of permits.--
                    (A) Limitation.-- Subject to subparagraph (B), the 
                Administrator may grant not more than 15 investigative 
                sampling permits.
                    (B) Applicability to converted permits.--An 
                investigative sampling permit that is not converted to a 
                Good Samaritan permit pursuant to paragraph (5) may be 
                eligible for reissuance by the Administrator subject to 
                the overall total of not more than 15 investigative 
                sampling permits allowed at any 1 time described in 
                subparagraph (A).
            (3) Application.--If a Good Samaritan proposes to conduct 
        investigative sampling, the Good Samaritan shall submit to the 
        Administrator an investigative sampling permit application that 
        contains, to the satisfaction of the Administrator--
                    (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) <<NOTE: Plan.>>  a detailed plan of the 
                investigative sampling.
            (4) Requirements.--
                    (A) In general.--If a person submits an application 
                that proposes only investigative sampling of historic 
                mine residue, soil, sediment, or water that only 
                includes the requirements described in paragraph (1), 
                the Administrator may grant an investigative sampling 
                permit that authorizes the person only to carry out the 
                plan of investigative sampling of historic mine residue, 
                soil, sediment, or water, as described in the 
                investigative sampling permit application under 
                paragraph (3).
                    (B) Reprocessing.--An investigative sampling 
                permit--
                          (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) Requirements relating to samples.--In conducting 
                investigative sampling of historic mine residue, soil, 
                sediment, or water, a Good Samaritan shall--

[[Page 138 STAT. 1701]]

                          (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) <<NOTE: Public information. Records. Time 
                      period.>>  retain publicly available records of 
                      all sampling events for a period of not less than 
                      3 years.
            (5) <<NOTE: Deadline.>>  Permit conversion.--Not later than 
        1 year after the date on which the investigative sampling under 
        the investigative sampling permit concludes, a Good Samaritan to 
        whom an investigative sampling permit is granted under paragraph 
        (1) may apply to convert an investigative sampling permit into a 
        Good Samaritan permit under subsection (e)(1).
            (6) Permit not converted.--
                    (A) In general.--Subject to subparagraph (B)(ii)(I), 
                a Good Samaritan who obtains an investigative sampling 
                permit may decline--
                          (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) <<NOTE: Applicability.>>  Effect of lack of 
                conversion.--
                          (i) In general.--Notwithstanding a refusal by 
                      a Good Samaritan to convert an investigative 
                      sampling permit into a Good Samaritan permit under 
                      subparagraph (A), but subject to clause (ii), the 
                      provisions of paragraphs (1) through (4) of 
                      subsection (n) shall continue to apply to the Good 
                      Samaritan and any cooperating persons after the 
                      refusal to convert.
                          (ii) <<NOTE: Determination.>>  Degradation of 
                      surface water quality.--
                                    (I) Opportunity to correct.--If, 
                                before the date on which a Good 
                                Samaritan refuses to convert an 
                                investigative sampling permit under 
                                subparagraph (A), actions by the Good 
                                Samaritan or any cooperating person have 
                                caused conditions at the abandoned 
                                hardrock mine site to be measurably 
                                worse, as determined by the 
                                Administrator, when compared to 
                                conditions described pursuant to 
                                paragraph (3)(B), if applicable, the 
                                Administrator shall provide the Good 
                                Samaritan or cooperating person, as 
                                applicable, the opportunity to return 
                                the conditions at the abandoned hardrock 
                                mine site to those conditions.
                                    (II) Effect.--If, pursuant to 
                                subclause (I), the applicable Good 
                                Samaritan or cooperating person does not 
                                return the surface water quality at the 
                                abandoned hardrock mine site to 
                                conditions described pursuant to 
                                paragraph (3)(B), if applicable, as 
                                determined by the Administrator, clause 
                                (i) shall not apply to the Good 
                                Samaritan or any cooperating persons.

    (e) Investigative Sampling Conversion.--
            (1) In general.--A person to which an investigative sampling 
        permit was granted may submit to the Administrator an 
        application in accordance with paragraph (2) to convert

[[Page 138 STAT. 1702]]

        the investigative sampling permit into a Good Samaritan permit.
            (2) Application.--
                    (A) Investigative sampling.--An application for the 
                conversion of an investigative sampling permit under 
                paragraph (1) shall include any requirement described in 
                subsection (c) that was not included in full in the 
                application submitted under subsection (d)(3).
                    (B) Public notice and comment.--An application for 
                permit conversion under this paragraph shall be subject 
                to--
                          (i) environmental review and public comment 
                      procedures required by subsection (l); and
                          (ii) a public hearing, if requested.

    (f) Content of Permits.--
            (1) In general.--A Good Samaritan permit shall contain--
                    (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) <<NOTE: Public information.>>  specific public 
                notification requirements, including the contact 
                information for all appropriate response centers in 
                accordance with subsection (o);
                    (D) <<NOTE: Notice.>>  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

[[Page 138 STAT. 1703]]

                    (E) any other terms and conditions determined to be 
                appropriate by the Administrator or the Federal land 
                management agency, as applicable.
            (2) Force majeure.--A Good Samaritan permit may include, at 
        the request of the Good Samaritan, a provision that a Good 
        Samaritan may assert a claim of force majeure for any violation 
        of the Good Samaritan permit caused solely by--
                    (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) Monitoring.--
                    (A) In general.--The Good Samaritan shall take such 
                actions as the Good Samaritan permit requires to ensure 
                appropriate baseline conditions monitoring, monitoring 
                during the remediation project, and post-remediation 
                monitoring of the environment under paragraphs (7) and 
                (14) of subsection (c).
                    (B) <<NOTE: Determination.>>  Multiparty 
                monitoring.--The Administrator may approve in a Good 
                Samaritan permit the monitoring by multiple cooperating 
                persons if, as determined by the Administrator--
                          (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) Other development.--
                    (A) No authorization of mining activities.--No 
                mineral exploration, processing, beneficiation, or 
                mining shall be--
                          (i) authorized by this Act; or
                          (ii) covered by any waiver of liability 
                      provided by this Act from applicable law.
                    (B) Reprocessing of materials.--A Good Samaritan may 
                reprocess materials recovered during the implementation 
                of a remediation plan only if--
                          (i) the project under the Good Samaritan 
                      permit is on land owned by the United States;

[[Page 138 STAT. 1704]]

                          (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) Connection with other activities.--The 
                commingling or association of any other discharge of 
                water or historic mine residue or any activity, project, 
                or operation conducted on or after the date of enactment 
                of this Act with any aspect of a project subject to a 
                Good Samaritan permit shall not limit or reduce the 
                liability of any person associated with the other 
                discharge of water or historic mine residue or activity, 
                project, or operation.

    (g) Additional Work.--A Good Samaritan permit may (subject to 
subsection (r)(5) in the case of a project located on Federal land) 
allow the Good Samaritan to return to the abandoned hardrock mine site 
after the completion of the remediation to perform operations and 
maintenance or other work--
            (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) Timing.--Work authorized under a Good Samaritan permit--
            (1) <<NOTE: Applicability.>>  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) Transfer of Permits.--A Good Samaritan permit may be transferred 
to another person only if--
            (1) <<NOTE: Determination.>>  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

[[Page 138 STAT. 1705]]

        applicable Federal land management agency approves the transfer.

    (j) Role of Administrator and Federal Land Management Agencies.--In 
carrying out this section--
            (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) <<NOTE: Deadline. Determination. Notice. Records.>>  State, 
Local, and Tribal Governments.--As soon as practicable, but not later 
than 14 days after the date on which the Administrator receives an 
application for the remediation of an abandoned hardrock mine site under 
this section that, as determined by the Administrator, is complete and 
meets all applicable requirements of subsection (c), the Administrator 
shall provide notice and a copy of the application to--
            (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) Environmental Review and Public Comment.--
            (1) <<NOTE: Procedures.>>  In general.--Before the issuance 
        of a Good Samaritan permit to carry out a project for the 
        remediation of an abandoned hardrock mine site, the 
        Administrator shall ensure that environmental review and public 
        comment procedures are carried out with respect to the proposed 
        project.
            (2) Relation to nepa.--

[[Page 138 STAT. 1706]]

                    (A) Major federal action.--Subject to subparagraph 
                (F), the issuance or modification of a Good Samaritan 
                permit by the Administrator shall be considered a major 
                Federal action for purposes of section 102 of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332).
                    (B) Lead agency.--The lead agency for purposes of an 
                environmental assessment and public comment under this 
                subsection shall be--
                          (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) <<NOTE: Procedures.>>  Coordination.--To the 
                maximum extent practicable, the lead agency described in 
                subparagraph (B) shall coordinate procedures under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) with State, Tribal, and Federal 
                cooperating agencies, as applicable.
                    (D) Cooperating agency.--In the case of a proposed 
                project on land owned by the United States, the 
                Administrator shall be a cooperating agency for purposes 
                of an environmental assessment and public comment under 
                this subsection.
                    (E) Single nepa document.-- 
                <<NOTE: Assessment.>> The lead agency described in 
                subparagraph (B) may conduct a single environmental 
                assessment for--
                          (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) No significant impact.--
                          (i) In general.--A Good Samaritan permit may 
                      only be issued if, after an environmental 
                      assessment, the head of the lead agency issues a 
                      finding of no significant impact (as defined in 
                      section 111 of the National Environmental Policy 
                      Act of 1969 (42 U.S.C. 4336e)).
                          (ii) Significant impact.--If the head of the 
                      lead agency is unable to issue a finding of no 
                      significant impact (as so defined), the head of 
                      the lead agency shall not issue a Good Samaritan 
                      permit for the proposed project.
                    (G) Decision document.--An approval or denial of a 
                Good Samaritan permit may be issued as a single decision 
                document that is signed by--

[[Page 138 STAT. 1707]]

                          (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) Limitation.--Nothing in this paragraph exempts 
                the Secretary of Agriculture or the Secretary of the 
                Interior, as applicable, from any other requirements of 
                section 102 of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4332).

    (m) Permit Grant.--
            (1) In general.--The Administrator may grant a Good 
        Samaritan permit to carry out a project for the remediation of 
        an abandoned hardrock mine site only if--
                    (A) <<NOTE: Determination.>>  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

[[Page 138 STAT. 1708]]

                                        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) Deadline.--
                    (A) In general.--The Administrator shall grant or 
                deny a Good Samaritan permit by not later than--
                          (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) <<NOTE: Determination. Notification.>>  
                      such later date as may be determined by the 
                      Administrator with notification provided to the 
                      applicant.
                    (B) Constructive denial.--If the Administrator fails 
                to grant or deny a Good Samaritan permit by the 
                applicable deadline described in subparagraph (A), the 
                application shall be considered to be denied.
            (3) Discretionary action.--The issuance of a permit by the 
        Administrator and the approval of a project by the head

[[Page 138 STAT. 1709]]

        of an applicable Federal land management agency shall be 
        considered to be discretionary actions taken in the public 
        interest.

    (n) Effect of Permits.--
            (1) In general.--A Good Samaritan and any cooperating person 
        undertaking remediation activities identified in, carried out 
        pursuant to, and in compliance with, a covered permit--
                    (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) Unauthorized activities.--
                    (A) In general.--Any person (including a Good 
                Samaritan or any cooperating person) that carries out 
                any activity, including activities relating to mineral 
                exploration, processing, beneficiation, or mining, 
                including development, that is not authorized by the 
                applicable covered permit shall be subject to all 
                applicable law.
                    (B) <<NOTE: Determination.>>  Liability.--Any 
                activity not authorized by a covered permit, as 
                determined by the Administrator, may be subject to 
                liability and enforcement under all applicable law, 
                including--
                          (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) No enforcement or liability for good samaritans.--
                    (A) In general.--Subject to subparagraphs (D) and 
                (E), a Good Samaritan or cooperating person that is 
                conducting a remediation activity identified in, 
                pursuant to, and in compliance with a covered permit 
                shall not be subject to enforcement or liability 
                described in subparagraph (B) for--

[[Page 138 STAT. 1710]]

                          (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) Enforcement or liability described.--Enforcement 
                or liability referred to in subparagraph (A) is 
                enforcement, civil or criminal penalties, citizen suits 
                and any liabilities for response costs, natural resource 
                damage, or contribution under--
                          (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) Duration of applicability.--Subparagraph (A) 
                shall apply 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.
                    (D) Other parties.--Nothing in subparagraph (A) 
                limits the liability of any person that is not described 
                in that subparagraph.
                    (E) <<NOTE: Determination. Applicability.>>  Decline 
                in environmental conditions.--Notwithstanding 
                subparagraph (A), if a Good Samaritan or cooperating 
                person fails to comply with any term, condition, or 
                limitation of a covered permit and that failure results 
                in surface water quality or other environmental 
                conditions that the Administrator determines are 
                measurably worse than the baseline conditions as 
                described in the permit (in the case of a Good Samaritan 
                permit) or the conditions as described pursuant to 
                subsection (d)(3)(B), if applicable (in the case of an 
                investigative sampling permit), at the abandoned 
                hardrock mine site, the Administrator shall--
                          (i) <<NOTE: Notification.>>  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) Failure to correct.--Subparagraph (A) shall not 
                apply to a Good Samaritan or cooperating person that 
                fails to take any actions required under subparagraph 
                (E)(ii) within a reasonable period of time, as 
                established by the Administrator.
                    (G) Minor or corrected permit violations.--For 
                purposes of this paragraph, the failure to comply with a 
                term, condition, or limitation of a Good Samaritan 
                permit or investigative sampling permit shall not be 
                considered a permit violation or noncompliance with that 
                permit if--

[[Page 138 STAT. 1711]]

                          (i) <<NOTE: Determination.>>  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) <<NOTE: Compliance.>>  the Good Samaritan 
                      or cooperating person complies with subparagraph 
                      (E)(ii).

    (o) Public Notification of Adverse Event.--A Good Samaritan shall 
notify all appropriate Federal, State, Tribal, and local entities of any 
unplanned or previously unknown release of historic mine residue caused 
by the actions of the Good Samaritan or any cooperating person in 
accordance with--
            (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) Grant Eligibility.--A remediation project conducted under a Good 
Samaritan permit shall be eligible for funding pursuant to--
            (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) <<NOTE: Assessment.>>  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) Emergency Authority and Liability.--
            (1) Emergency authority.--Nothing in this section affects 
        the authority of--
                    (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) Liability.--Except as specifically provided in this Act, 
        nothing in this Act, a Good Samaritan permit, or an 
        investigative sampling permit limits the liability of any person 
        (including a Good Samaritan or any cooperating person) under any 
        provision of law.

    (r) Termination of Good Samaritan Permit.--
            (1) <<NOTE: Applicability.>>  In general.--A Good Samaritan 
        permit shall terminate, as applicable--
                    (A) <<NOTE: Notice. Determination.>>  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

[[Page 138 STAT. 1712]]

                    (C) <<NOTE: Deadlines.>>  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) Extension.--
                    (A) In general.--If the Administrator is otherwise 
                required to terminate a Good Samaritan permit under 
                paragraph (1)(C), the Administrator may grant an 
                extension of the Good Samaritan permit.
                    (B) <<NOTE: Time period.>>  Limitation.--Any 
                extension granted under subparagraph (A) shall be not 
                more than 180 days for each extension.
            (3) Effect of termination.--
                    (A) <<NOTE: Applicability.>>  In general.--
                Notwithstanding the termination of a Good Samaritan 
                permit under paragraph (1), but subject to subparagraph 
                (B), the provisions of paragraphs (1) through (4) of 
                subsection (n) shall continue to apply to the Good 
                Samaritan and any cooperating persons after the 
                termination, including to any long-term operations and 
                maintenance pursuant to the agreement under paragraph 
                (5).
                    (B) Degradation of surface water quality.--
                          (i) Opportunity to return to baseline 
                      conditions.--If, at the time that 1 or more of the 
                      conditions described in paragraph (1) are met but 
                      before the Good Samaritan permit is terminated, 
                      actions by the Good Samaritan or cooperating 
                      person have caused surface water quality at the 
                      abandoned hardrock mine site to be measurably 
                      worse, as determined by the Administrator, when 
                      compared to baseline conditions described in the 
                      permit, the Administrator shall, before 
                      terminating the Good Samaritan permit, provide the 
                      Good Samaritan or cooperating person, as 
                      applicable, the opportunity to return surface 
                      water quality to those baseline conditions.
                          (ii) <<NOTE: Determination.>>  Effect.--If, 
                      pursuant to clause (i), the applicable Good 
                      Samaritan or cooperating person does not return 
                      the surface water quality at the abandoned 
                      hardrock mine site to the baseline conditions 
                      described in the permit, as determined by the 
                      Administrator, subparagraph (A) shall not apply to 
                      the Good Samaritan or any cooperating persons.
            (4) Unforeseen circumstances.--
                    (A) In general.--The recipient of a Good Samaritan 
                permit may seek to modify or terminate the Good 
                Samaritan permit to take into account any event or 
                condition that--
                          (i) significantly reduces the feasibility or 
                      significantly increases the cost of completing the 
                      remediation

[[Page 138 STAT. 1713]]

                      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) <<NOTE: Determination.>>  is beyond the 
                      control of the recipient of the Good Samaritan 
                      permit, as determined by the Administrator.
                    (B) Termination.--The Administrator shall terminate 
                a Good Samaritan permit if--
                          (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) <<NOTE: Determination.>>  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) <<NOTE: Contracts.>>  Long-term operations and 
        maintenance.--In the case of a project that involves long-term 
        operations and maintenance at an abandoned hardrock mine site 
        located on land owned by the United States, the project may be 
        considered complete and the Administrator, in coordination with 
        the applicable Federal land management agency, may terminate the 
        Good Samaritan permit under this subsection if the applicable 
        Good Samaritan has entered into an agreement with the applicable 
        Federal land management agency or a cooperating person for the 
        long-term operations and maintenance that includes sufficient 
        funding for the long-term operations and maintenance.

    (s) Regulations.--
            (1) In general.--Subject to paragraph (2), the 
        Administrator, in consultation with the Secretary of the 
        Interior and the Secretary of Agriculture, and appropriate 
        State, Tribal, and local officials, may promulgate any 
        regulations that the Administrator determines to be necessary to 
        carry out this Act.
            (2) Guidance if no regulations promulgated.--
                    (A) <<NOTE: Deadline. Determination.>>  In 
                general.--If the Administrator does not initiate a 
                regulatory process to promulgate regulations under 
                paragraph (1) within 180 days after the date of 
                enactment of this Act, the Administrator, in 
                consultation with the Secretary of the Interior, the 
                Secretary of Agriculture, and appropriate State, Tribal, 
                and local officials, shall issue guidance establishing 
                specific requirements that the Administrator determines 
                would facilitate the implementation of this section.
                    (B) <<NOTE: Time period.>>  Public comments.--Before 
                finalizing any guidance issued under subparagraph (A), 
                the Administrator shall hold a 30-day public comment 
                period.

[[Page 138 STAT. 1714]]

SEC. 5. SPECIAL ACCOUNTS.

    (a) Establishment.--There is established in the Treasury of the 
United States a Good Samaritan Mine Remediation Fund (referred to in 
this section as a ``Fund'') for--
            (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) Deposits.--Each Fund shall consist of--
            (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) Unused Funds.--Amounts in each Fund not currently needed to 
carry out this Act shall be maintained as readily available or on 
deposit.
    (d) Retain and Use Authority.--The Administrator and each head of a 
Federal land management agency, as appropriate, may, notwithstanding any 
other provision of law, retain and use money deposited in the applicable 
Fund without fiscal year limitation for the purpose of carrying out this 
Act.
SEC. 6. REPORT TO CONGRESS.

    (a) <<NOTE: Evaluation.>>  In General.--Not later than 8 years after 
the date of enactment of this Act, the Administrator, in consultation 
with the heads of Federal land management agencies, shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committees on Transportation and Infrastructure, Energy and Commerce, 
and Natural Resources of the House of Representatives a report 
evaluating the Good Samaritan pilot program under this Act.

    (b) Inclusions.--The report under subsection (a) shall include--
            (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) <<NOTE: Data.>>  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

[[Page 138 STAT. 1715]]

            (5) <<NOTE: Recommenda- tions.>>  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.

    Approved December 17, 2024.

LEGISLATIVE HISTORY--S. 2781 (H.R. 7779):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 118-823, Pt. 1 (Comm. on Transportation and 
Infrastructure) accompanying H.R. 7779.
CONGRESSIONAL RECORD, Vol. 170 (2024):
            July 31, considered and passed Senate.
            Dec. 10, considered and passed House.

                                  <all>