,i #aacth ,,congress #ast ,session ,h4 ,r4 #bigj ,,in ,,the ,,house ,,of ,,representatives ,august #a1 #bjac ,mr4 ,tipton introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to facilitate the remediation of abandoned hardrock mines1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,good ,samaritan ,cleanup of ,abandoned ,hardrock ,mines ,act of #bjac4 #b4 ,findings2 purposes 7a7 ,findings ,congress finds that-- 7#a7 the ,federal ,government and ,state governments have encouraged hardrock mining in the ,united ,states through a wide variety of laws1 policies1 and actions2 7#b7 mining operations produce metals and minerals that have important social benefits and values2 7#c7 many areas in the ,united ,states at which historic mining operations took place are now the locations of inactive and abandoned mine sites2 7#d7 the mining activities that took place prior to the enactment of modern environmental laws often disturbed public and private land1 and those disturbances led to environmental pollution1 including the discharge of pollutants into surface water and groundwater2 7#e7 many of the individuals and corporate owners and operators of mines the actions of which caused the pollution described in paragraph 7#d7 are no longer alive or in existence2 7#f7 many of the historic mining sites have polluted the environment for more than a century and1 unless remedied1 will continue to do so indefinitely2 7#g7 unabated discharges from inactive and abandoned mines will continue to pollute surface water1 groundwater1 and soils2 7#h7 many of the streams and water bodies impacted by acid mine drainage are important resources for fish and wildlife1 recreation1 drinking water1 agriculture1 and other public purposes2 7#i7 some of the remaining owners and operators of historic mine sites do not have adequate resources to properly conduct the remediation of the mine sites under applicable environmental laws2 7#aj7 from time to time1 ,states1 individuals1 and companies are willing to remediate historic mine sites for the public good as ,good ,samaritans1 despite the fact that those ,states1 individuals1 and companies are not legally required to do so2 7#aa7 ,good ,samaritan remediation activities may-- 7,a7 vary in size and complexity2 7,b7 reflect a myriad of methods by which mine residue may be cleaned up2 and 7,c7 include1 among other activities-- 7i7 the removal1 relocation1 or management of tailings or other waste piles2 7ii7 passive or active water treatment2 and 7iii7 runoff or runon controls2 7#ab7 the potential obligations1 requirements1 and liabilities under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 that may attach to ,good ,samaritans as the result of the conduct by the ,good ,samaritans of remediation activities can dissuade potential ,good ,samaritans from acting for the public good2 7#ac7 it is in the interest of the ,united ,states1 the ,states1 and local communities to remediate historic mine sites-- 7,a7 in appropriate circumstances and to the maximum extent practicable2 and 7,b7 so that the detrimental environmental impacts of the historic mine sites are lessened in the future2 and 7#ad7 if appropriate protections are provided to ,good ,samaritans1 ,good ,samaritans will have a greater incentive to remediate historic mine sites for the public good4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to encourage the partial or complete remediation of inactive and abandoned mine sites for the public good by individuals or entities that are not legally responsible for the remediation2 7#b7 to allow any individual or entity not legally responsible for environmental conditions relating to an inactive or abandoned mine site-- 7,a7 to make further progress toward the goal of meeting water quality standards in all water of the ,united ,states2 and 7,b7 to improve other environmental media affected by past mining activities at the inactive or abandoned mine site without incurring any obligation or liability with respect to the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7#c7 to ensure that remediation activities performed by ,good ,samaritans-- 7,a7 result in actual and significant environmental benefits2 and 7,b7 are carried out-- 7i7 with the approval and agreement1 and at the discretion1 of affected ,federal1 ,state1 and tribal authorities2 7ii7 in a manner that enables the public to conduct a review of1 and submit comments relating to1 the remediation activities2 and 7iii7 in a manner that is beneficial to the environment and each community affected by the remediation activities2 and 7#d7 to further the innovations of1 and cooperation among1 the ,federal ,government1 ,state and tribal governments1 private individuals1 and corporations to accelerate efforts relating to conservation and environmental restoration4 #c4 ,scope ,nothing in this ,act 7or an amendment made by this ,act7-- 7#a7 reduces any existing liability2 or 7#b7 facilitates the conduct of any mining or processing other than the conduct of any mining or processing that is required for the remediation of historic mine residue for the public good4 #d4 ,good samaritan discharge permits ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7s7 ,good samaritan discharge permits 7#a7 ,definitions ,in this subsection3 7,a7 ,cooperating person 7i7 ,in general ,the term cooperating person means any person that-- 7,i7 is a ,good ,samaritan2 7,,ii7 assists a permittee in the remediation of an inactive or abandoned mine site2 and 7,,iii7 is identified in a ,good ,samaritan discharge permit issued under paragraph 7#b74 7ii7 ,inclusion ,the term cooperating person includes the ,federal ,government4 7,b7 ,eligible applicant ,the term eligible applicant means a person that-- 7i7 is a ,good ,samaritan2 and 7ii7 proposes a project1 the purpose of which is to remediate1 in whole or in part1 actual or threatened pollution caused by historic mine residue at an inactive or abandoned mine site4 7,c7 ,good ,samaritan ,the term ,good ,samaritan means a person that1 with respect to historic mine residue at an inactive or abandoned mine site-- 7i7 had no role in the creation of the historic mine residue2 7ii7 had no role in creating any environmental pollution caused by the historic mine residue2 and 7iii7 is not liable under any ,federal1 ,state1 tribal1 or local law for the remediation of the historic mine residue4 7,d7 ,historic mine residue 7i7 ,in general ,the term historic mine residue means mine residue or any condition resulting from activities at an inactive or abandoned mine site prior to ,october #ah1 #aigb1 that-- 7,i7 causes or contributes to the actual or threatened discharge of pollutants from the inactive or abandoned mine site2 or 7,,ii7 otherwise pollutes the environment4 7ii7 ,inclusions ,the term historic mine residue includes-- 7,i7 ores and minerals that-- 7aa7 were mined during the active operation of an inactive or abandoned mine site2 and 7bb7 contribute to acid mine drainage or other environmental pollution2 7,,ii7 equipment 7including materials in equipment72 7,,iii7 any waste or material resulting from any extraction1 beneficiation1 or other processing activity that occurred during the active operation of an inactive or abandoned mine site2 and 7,,iv7 any acidic or otherwise polluted flow in surface water or groundwater that originates from an inactive or abandoned mine site4 7,e7 ,identifiable owner or operator ,the term identifiable owner or operator means a person that is-- 7i7 legally responsible under section #cja for a discharge that originates from an inactive or abandoned mine site2 and 7ii7 financially capable of complying with each requirement described in this section and section #cja4 7,f7 ,inactive or abandoned mine site 7i7 ,in general ,the term inactive or abandoned mine site means a mine site 7including associated facilities7 that-- 7,i7 is located in the ,united ,states2 7,,ii7 was used for the production of a mineral other than coal2 7,,iii7 has historic mine residue2 and 7,,iv7 is no longer actively mined on the date on which an eligible applicant submits to a permitting authority a remediation plan relating to an application for a ,good ,samaritan discharge permit under paragraph 7#c77;,b7 for the remediation of the mine site4 7ii7 ,exclusions ,the term inactive or abandoned mine site does not include a mine site 7including associated facilities7 that is-- 7,i7 in a temporary shutdown2 7,,ii7 included on the ,national ,priorities ,list developed by the ,president in accordance with section #aje7;a77#h77;,b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifje7;a77#h77;,b772 or 7,,iii7 the subject of an ongoing or planned remedial action carried out in accordance with the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7,g7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7,h7 ,permittee ,the term permittee means a person that is issued a ,good ,samaritan discharge permit under this subsection4 7,i7 ,permitting authority 7i7 ,in general ,except as provided in clause 7ii71 the term permitting authority means the ,administrator4 7ii7 ,exception ,in the case of a ,state or ,indian tribe with an approved permitting program under paragraph 7#b77;,b71 the term permitting authority means the head of the permitting program of the ,state or ,indian tribe4 7,j7 ,person ,the term person includes-- 7i7 an individual2 7ii7 a firm2 7iii7 a corporation2 7iv7 an association2 7v7 a partnership2 7vi7 a consortium2 7vii7 a joint venture2 7viii7 a commercial entity2 7ix7 a nonprofit organization2 7x7 the ,federal ,government2 7xi7 a ,state 7including a political subdivision of a ,state72 7xii7 an interstate entity2 7xiii7 a commission2 and 7xiv7 an ,indian tribe4 7#b7 ,good ,samaritan discharge permits 7,a7 ,in general ,a permitting authority may issue a ,good ,samaritan discharge permit to an eligible applicant in concurrence1 if applicable1 with-- 7i7 the ,state in which the proposed inactive or abandoned mine site remediation project is located2 or 7ii7 the ,federal agency or ,indian tribe that owns or has jurisdiction over the site at which the proposed inactive or abandoned mine site remediation project is located4 7,b7 ,state or tribal programs ,the ,administrator shall approve a ,state or tribal program for the issuance of ,good ,samaritan discharge permits if-- 7i7 the ,state or ,indian tribe has1 as of the date of enactment of this subsection1 authority to issue a permit under subsection 7b72 and 7ii7 the ,state or ,indian tribe requests such authority4 7#c7 ,permit process 7,a7 ,scope ,an eligible applicant may apply for a ,good ,samaritan discharge permit to conduct remediation activities at any inactive or abandoned mine site from which there is1 or may be1 a discharge or a threatened discharge of pollutants into any water of the ,united ,states4 7,b7 ,remediation plan ,to apply for a ,good ,samaritan discharge permit under subparagraph 7,a71 an eligible applicant shall submit to the permitting authority an application that contains a remediation plan that1 to the extent known by the eligible applicant as of the date on which the application is submitted1 contains-- 7i7 an identification of-- 7,i7 the eligible applicant 7including any cooperating person7 with respect to the remediation plan2 7,,ii7 the mine site that is the subject of the remediation plan 7including such documentation as the permitting authority determines to be sufficient to demonstrate to the permitting authority that the mine site is an inactive or abandoned mine site72 and 7,,iii7 each body of water of the ,united ,states that is affected by actual or threatened discharges from the inactive or abandoned mine site2 7ii7 a description of-- 7,i7 the baseline conditions of each body of water described in clause 7i77,,iii7 as of the date on which the eligible applicant submits the application1 including-- 7aa7 the nature and extent of any adverse impact on the quality of each body of water caused by the drainage of historic mine residue or other discharges from the inactive or abandoned mine site2 and 7bb7 as applicable1 the level of any pollutant in each body of water that has resulted in an adverse impact described in item 7aa72 7,,ii7 the conditions of the inactive or abandoned mine site that cause adverse impacts to the quality of each body of water described in clause 7i77,,iii72 7,,iii7 the reasonable efforts taken by the eligible applicant to identify identifiable owners or operators of the inactive or abandoned mine site that is the subject of the application2 7,,iv7 each remediation goal and objective proposed by the eligible applicant1 including-- 7aa7 each pollutant to be addressed by the remediation plan2 and 7bb7 each action that the eligible applicant proposes to take that1 to the maximum extent reasonable and practicable under the circumstances1 will assist in the attainment of each applicable water quality standard2 7,v7 the practices 7including a schedule and estimated completion date for the implementation of each practice7 that are proposed by the eligible applicant to meet each remediation goal and objective described in subclause 7,,iv71 including-- 7aa7 in the case of a new remediation project1 the preliminary system design and construction1 operation1 and maintenance plans relating to the new remediation project2 and 7bb7 in the case of an existing remediation project1 available system design and construction1 operation1 and maintenance plans and any planned improvements with respect to the existing remediation project2 7,,vi7 any proposed recycling or reprocessing of historic mine residue to be conducted by the eligible applicant 7including a description of how each proposed recycling or reprocessing activity relates to the remediation of an inactive or abandoned mine site72 7,,vii7 the monitoring or other forms of assessment that will be undertaken by the eligible applicant to evaluate the success of the practices described in subclause 7,v7 during and after the implementation of the remediation plan1 with respect to the baseline conditions2 7,,viii7 each contingency plan that is designed for responding to unplanned adverse events 7including the practices to be implemented to achieve each remediation goal and objective described in subclause 7,,iv772 7,,ix7 the legal authority of the eligible applicant to enter1 and conduct activities at1 the inactive or abandoned mine site that is the subject of the remediation plan2 and 7,x7 any public outreach activity to be conducted by the eligible applicant2 7iii7 an explanation of the manner by which the practices described in clause 7ii77,v7 are expected to achieve each remediation goal and objective described in clause 7ii77,,iv72 7iv7 a schedule for the periodic reporting by the eligible applicant with respect to any progress in implementing the remediation plan2 7v7 a budget for the remediation plan that includes a description of each funding source that will support the implementation of the remediation plan1 including-- 7,i7 each practice described in clause 7ii77,,viii72 7,,ii7 each action described in clause 7ii77,,iv77bb72 and 7,,iii7 each monitoring or other appropriate activity described in clause 7ii77,,vii72 and 7vi7 any other additional information requested by the ,administrator to clarify the remediation plan and each proposed activity covered by the remediation plan4 7,c7 ,certification of plan ,an application for a ,good ,samaritan discharge permit submitted by an eligible applicant to a permitting authority under subparagraph 7,b7 shall be signed and certified in a manner consistent with section #abb4bb of title #dj1 ,code of ,federal ,regulations4 7,d7 ,investigative measures 7i7 ,in general ,a ,good ,samaritan discharge permit may include a program of investigative measures to be completed prior to the remediation of the inactive or abandoned mine site that is the subject of the permit if the permitting authority1 upon the receipt of the application of an eligible applicant for a ,good ,samaritan discharge permit1 determines the program of investigative measures to be appropriate4 7ii7 ,program requirements ,any water sampling included in the program of investigative measures described in clause 7i7 shall be conducted by an eligible applicant in accordance with any applicable method described in part #acf of title #dj1 ,code of ,federal ,regulations4 7iii7 ,requirements relating to samples ,in conducting a program of investigative measures described in clause 7i71 an eligible applicant shall-- 7,i7 ensure that each sample collected under the program is representative of the conditions present at the inactive or abandoned mine site that is the subject of the program2 and 7,,ii7 retain records of all sampling events for a period of not less than #c years4 7iv7 ,initial plan 7,i7 ,in general ,if an eligible applicant proposes to conduct a program of investigative measures1 the eligible applicant shall submit to the permitting authority a plan that contains1 to the extent known by the eligible applicant as of the date on which the eligible applicant submits the application-- 7aa7 each description required under subclauses 7,i71 7,,ii71 and 7,,iv7 through 7,,viii7 of subparagraph 7,b77ii72 7bb7 the explanation required under subparagraph 7,b77iii72 7cc7 the schedule required under subparagraph 7,b77iv72 and 7dd7 the budget required under subparagraph 7,b77v74 7,,ii7 ,responsibility to supplement descriptions ,an eligible applicant that conducts a program of investigative measures shall1 based on the results of the program1 supplement each item described in subclause 7,i71 as necessary4 7v7 ,report of results ,the results of the program of investigative measures shall be-- 7,i7 detailed in a report for the permitting agency2 and 7,,ii7 made available by the applicant to any member of the public that requests the report4 7vi7 ,permit modification ,based upon the results of the investigative measures1 a ,good ,samaritan discharge permit may be modified pursuant to the permit procedures described in this subsection4 7vii7 ,option to decline remediation ,a ,good ,samaritan discharge permit may allow the permittee to decline to undertake remediation based on the results of the investigative sampling program1 if-- 7,i7 the program of investigative measures is authorized under this subparagraph2 and 7,,ii7 the activities under the program of investigative measures have not resulted in surface water quality conditions1 taken as a whole1 that are worse than the baseline condition of bodies of water described in subparagraph 7,b77ii77,i74 7,e7 ,review of application 7i7 ,initial review ,the permitting authority shall-- 7,i7 review each application submitted by an eligible applicant for a ,good ,samaritan discharge permit2 7,,ii7 provide to the public1 with respect to the ,good ,samaritan discharge permit-- 7aa7 notice and a reasonable opportunity to comment2 and 7bb7 a public hearing2 7,,iii7 if the ,administrator is the permitting authority1 provide a copy of the application to each affected ,state1 ,indian tribe1 and other ,federal agency2 and 7,,iv7 determine whether the application for the ,good ,samaritan discharge permit meets each requirement described in subparagraph 7,b74 7ii7 ,requirements not met ,if the permitting authority determines that an application for a ,good ,samaritan discharge permit does not meet each requirement described in subparagraph 7,b71 the permitting authority shall-- 7,i7 notify the eligible applicant that the application is disapproved and explain the reasons for the disapproval2 and 7,,ii7 allow the eligible applicant to submit a revised application4 7iii7 ,requirements met ,if the permitting authority determines that an application for a ,good ,samaritan discharge permit meets each requirement described in subparagraph 7,b71 the permitting authority shall notify the eligible applicant that the application is accepted4 7,f7 ,permit issuance ,after notice and opportunity for public comment with respect to a ,good ,samaritan discharge permit proposed by a permitting authority to be issued under this subsection 7including any additional requirement that the permitting authority determines would facilitate the implementation of this subsection71 the permitting authority may issue a permit to an eligible applicant if-- 7i7 the permitting authority determines that-- 7,i7 relative to the resources identified by the eligible applicant for funding the proposed remediation activity1 the eligible applicant has made a reasonable effort to identify identifiable owners or operators under subparagraph 7,b77ii77,,iii72 7,,ii7 no identifiable owner or operator exists 7except1 with respect to ,federal land1 where the only identifiable owner or operator is the ,federal ,government72 7,,iii7 taking into consideration each funding source 7including the amount of each funding source7 identified by the eligible applicant for the proposed remediation activity in accordance with subparagraph 7,b77v71 the remediation plan of the eligible applicant demonstrates that the implementation of the remediation plan will-- 7aa7 assist in the attainment of applicable water quality standards to the extent reasonable and practicable under the circumstances2 and 7bb7 not result in water quality that is worse than the baseline water condition described in subparagraph 7,b77ii77,i72 7,,iv7 the eligible applicant has provided adequate evidence of financial resources that will enable the eligible applicant to complete the proposed project of the eligible applicant2 and 7,v7 the proposed project of the eligible applicant meets the requirements of this section2 7ii7 any ,federal1 ,state1 or tribal land management agency with jurisdiction over any inactive or abandoned mine site that is the subject of the proposed permit1 or any public trustee for natural resources affected by historic mine residue associated with any inactive or abandoned mine site that is the subject of the proposed permit1 does not object to the issuance of the permit2 and 7iii7 if the ,administrator is the permitting authority1 the affected ,state or ,indian tribe concurs with the issuance of the permit4 7,g7 ,deadline relating to approval or denial of application ,not later than #ahj days after the date of receipt by a permitting authority of an application for a ,good ,samaritan discharge permit that the permitting authority determines to be complete1 the permitting authority shall-- 7i7 issue to the eligible applicant a ,good ,samaritan discharge permit2 or 7ii7 deny the application of the eligible applicant for a ,good ,samaritan discharge permit4 7,h7 ,modification of permit 7i7 ,approval and disapproval process ,in accordance with clause 7ii71 after the date of receipt by a permitting authority of a written request by a permittee to modify the ,good ,samaritan discharge permit of the permittee1 the permitting authority shall approve or disapprove the request for modification4 7ii7 ,permit modification ,a permit modification that is approved by a permitting authority under this subparagraph shall be-- 7,i7 by agreement between the permittee and the permitting authority and1 if the ,administrator is the permitting authority1 the affected ,state or ,indian tribe2 7,,ii7 subject to-- 7aa7 a period of public notice and comment2 and 7bb7 a public hearing2 7,,iii7 in compliance with each standard described in subparagraph 7,f77i77,,iii72 and 7,,iv7 immediately reflected in1 and applicable to1 the ,good ,samaritan discharge permit4 7#d7 ,contents of permits 7,a7 ,in general ,a ,good ,samaritan discharge permit shall-- 7i7 contain-- 7,i7 a remediation plan approved by the permitting authority2 and 7,,ii7 any additional requirement that the permitting authority establishes by regulation under paragraph 7#aj72 and 7ii7 provide for compliance with1 and implementation of1 the remediation plan and any additional requirement described in clause 7i77,,ii74 7,b7 ,scope ,a ,good ,samaritan discharge permit shall authorize only those activities that are required for the remediation of historic mine residue at an inactive or abandoned mine site1 as determined by the permitting authority4 7,c7 ,review ,a ,good ,samaritan discharge permit shall contain a schedule for review1 to be conducted by the permitting authority1 to determine compliance by the permittee with each condition and limitation of the permit4 7#e7 ,effect of permit compliance 7,a7 ,compliance with ,act 7i7 ,in general ,a ,good ,samaritan discharge permit issued under this subsection shall authorize the permittee1 and any cooperating persons1 to carry out each activity described in the ,good ,samaritan discharge permit4 7ii7 ,compliance with permit ,compliance by the permittee1 and any cooperating persons1 with respect to the ,good ,samaritan discharge permit shall constitute compliance with this ,act4 7,b7 ,scope of liability ,except as provided in paragraph 7#f71 the issuance of a ,good ,samaritan discharge permit to a permittee relieves the permittee1 and any cooperating person1 of each obligation and liability under this ,act4 7#f7 ,failure to comply ,if a permittee1 or any cooperating person fails to comply with any condition or limitation of the permit1 the permittee1 or cooperating person1 shall be subject to liability only under section #cji4 7#g7 ,termination of permit 7,a7 ,in general ,a permitting authority shall terminate a ,good ,samaritan discharge permit if-- 7i7 the permittee successfully completes the implementation of the remediation plan2 or 7ii7 7,i7 any discharge covered by the ,good ,samaritan discharge permit becomes subject to a permit issued for other development that is not part of the implementation of the remediation plan2 7,,ii7 the permittee seeking termination of coverage1 and any cooperating person with respect to the remediation plan of the permittee1 is not a participant in the development2 and 7,,iii7 the permitting authority1 upon request of the permittee1 agrees that the permit should be terminated4 7,b7 ,unforseen circumstances 7i7 ,in general ,except as provided in clause 7ii71 the permitting authority1 in cooperation with the permittee1 shall seek to modify a ,good ,samaritan discharge permit to take into account any event or condition encountered by the permittee if the event or condition encountered by the permittee-- 7,i7 significantly reduces the feasibility1 or significantly increases the cost1 of completing the remediation project that is the subject of the ,good ,samaritan discharge permit2 7,,ii7 was not-- 7aa7 contemplated by the permittee2 or 7bb7 taken into account in the remediation plan of the permittee2 and 7,,iii7 is beyond the control of the permittee1 as determined by the permitting authority4 7ii7 ,exception ,if a permittee described in clause 7i7 does not agree to a modification of the ,good ,samaritan discharge permit of the permittee1 or the permitting authority determines that remediation activities conducted by the permittee pursuant to the permit have resulted or will result in surface water quality conditions that1 taken as a whole1 are or will be worse than the baseline water conditions described in paragraph 7#c77;,b77ii77,i71 the permitting authority shall terminate the permit4 7,c7 ,no enforcement liability 7i7 ,discharges ,subject to clause 7ii71 and except as provided in clause 7iii71 the permittee of a permit1 or a cooperating person with respect to the remediation plan of the permittee1 shall not be subject to enforcement under any provision of this ,act for liability for any past1 present1 or future discharges at or from the abandoned or inactive mining site that is the subject of the permit4 7ii7 ,other parties ,clause 7i7 does not limit the liability of any person that is not described in clause 7i74 7iii7 ,violation of permit prior to termination ,the discharge of liability for a permittee of a permit1 or a cooperating person with respect to the remediation plan of the permittee1 under clause 7i7 shall not apply with respect to any violation of the permit that occurs before the date on which the permit is terminated4 7#h7 ,limitations 7,a7 ,emergency powers ,nothing in this subsection limits the authority of the ,administrator to exercise any emergency power under section #ejd with respect to persons other than a permittee and any cooperating persons4 7,b7 ,prior violations 7i7 ,actions and relief ,except as provided in clause 7ii71 with respect to a violation of this subsection or section #cja7;a7 committed by any person prior to the issuance of a ,good ,samaritan discharge permit under this subsection1 the issuance of the ,good ,samaritan discharge permit does not preclude any enforcement action under section #cji4 7ii7 ,exceptions 7,i7 ,scope of permit ,if a ,good ,samaritan discharge permit covers remediation activities carried out by the permittee on a date before the issuance of the ,good ,samaritan discharge permit1 clause 7i7 shall not apply to any action that is based on any condition that results from the remediation activities4 7,,ii7 ,other parties ,a permittee shall not be subject to any action under sections #cji or #eje for any violation committed by any other party4 7,c7 ,obligations of ,states and indian tribes ,except as otherwise provided in this section1 nothing in this subsection limits any obligation of a ,state or ,indian tribe described in section #cjc4 7,d7 ,other development 7i7 ,in general ,any development of an inactive or abandoned mine site 7including any activity relating to mineral exploration1 processing1 beneficiation1 or mining71 including development by a permittee or any cooperating person1 not authorized in a permit issued by the permitting authority under this subsection shall be subject to this ,act4 7ii7 ,commingling of discharges ,the commingling of any other discharge or water with any discharge or water subject to a ,good ,samaritan discharge permit issued under this subsection shall not limit or reduce the liability of any person associated with the water or discharge that is not subject to the ,good ,samaritan discharge permit4 7,e7 ,recoverable value ,a ,good ,samaritan to whom a permit is issued may sell or use materials recovered during the implementation of the plan only if the proceeds of any such sale are used to defray the costs of-- 7i7 remediation of the site addressed in the permit2 or 7ii7 voluntary remediation of any other inactive or abandoned mine site covered by a permit issued under this section4 7,f7 ,state certification 7i7 ,in general ,except as provided in clause 7ii71 to the extent that this subsection relates to water quality standards1 certification under section #dja shall not apply to any ,good ,samaritan discharge permit issued under this subsection4 7ii7 ,exception ,in any case in which certification under section #dja would otherwise be required1 no ,good ,samaritan discharge permit shall be issued by a permitting authority under this subsection without the concurrence of-- 7,i7 the ,state in which the site of the discharge is located2 or 7,,ii7 the ,indian tribe that owns or has jurisdiction over the site on which a remediation project is proposed4 7,g7 ,state and tribal reclamation programs ,no ,state1 ,indian tribe1 or other person shall be required to obtain a ,good ,samaritan discharge permit pursuant to this subsection for any discharge1 including any discharge associated with the remediation of an inactive or abandoned mine site with respect to the conduct of reclamation work under a ,state or tribal abandoned mine reclamation plan approved under title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq474 7#i7 ,liability of other parties ,nothing in this subsection 7including any result caused by any action taken by a permittee or a cooperating person7 limits the liability of any person other than a permittee or a cooperating person under this ,act or any other law4 7#aj7 ,regulations 7,a7 ,in general ,subject to subparagraph 7,b71 not later than #a year after the date of enactment of this subsection1 after providing for public notice and an opportunity to comment and a public hearing1 the ,administrator1 in consultation with the ,secretary of the ,interior and the ,secretary of ,agriculture1 and appropriate ,state1 tribal1 and local officials1 shall promulgate regulations to establish-- 7i7 generally applicable requirements for remediation plans described in paragraph 7#c77;,b72 and 7ii7 any other requirement that the ,administrator determines to be necessary4 7,b7 ,specific requirements before promulgation of regulations ,before the date on which the ,administrator promulgates regulations under subparagraph 7,a71 a permitting authority may establish1 on a case-by-case basis1 specific requirements that the permitting authority determines would facilitate the implementation of this subsection with respect to a ,good ,samaritan discharge permit issued to a permittee4 7#aa7 ,funding 7,a7 ,eligibility for ,section #cai grants ,a permittee shall be eligible to apply for a grant under section #cai7;h74 7,b7 ,grants ,subject to the availability of appropriated funds1 the ,administrator may award to any permittee a grant to assist the permittee in implementing a remediation plan with respect to a ,good ,samaritan discharge permit of the permittee4 7#ab7 ,report to ,congress 7,a7 ,in general ,not later than #a year before the date of termination of the authority of the permitting authority under paragraph 7#ac71 the ,administrator shall submit to ,congress a report describing the activities authorized by this subsection4 7,b7 ,contents ,the report required under subparagraph 7,a7 shall contain1 at a minimum-- 7i7 a description of-- 7,i7 each ,good ,samaritan discharge permit issued under this subsection2 7,,ii7 each permittee2 7,,iii7 each inactive or abandoned mine site addressed by a ,good ,samaritan discharge permit issued under this subsection 7including each body of water and the baseline water quality of each body of water affected by each inactive or abandoned mine site72 7,,iv7 the status of the implementation of each remediation plan associated with each ,good ,samaritan discharge permit issued under this subsection 7including specific progress that each remediation activity conducted by a permittee pursuant to each ,good ,samaritan discharge permit has made toward achieving the goals and objectives of the remediation plan72 and 7,v7 each enforcement action taken by the ,administrator or applicable ,state or ,indian tribe concerning a ,good ,samaritan discharge permit issued under this subsection 7including the disposition of the action72 7ii7 a summary of each remediation plan associated with a ,good ,samaritan discharge permit issued under this subsection1 including-- 7,i7 the goals and objectives of the remediation plan2 7,,ii7 the budget of the activities conducted pursuant to the remediation plan2 and 7,,iii7 the practices to be employed by each permittee in accordance with the remediation plan of the permittee to reduce1 control1 mitigate1 or eliminate adverse impacts to the quality of applicable bodies of water2 and 7iii7 any recommendations that may be proposed by the ,administrator to modify any law 7including this subsection and any regulation promulgated under paragraph 7#aj77 to facilitate the improvement of water quality through the remediation of inactive or abandoned mine sites4 7#ac7 ,termination of authority ,the authority granted to the permitting authority under this subsection to issue ,good ,samaritan discharge permits terminates on the date that is #aj years after the date of enactment of this subsection4 7#ad7 ,severability ,if any provision of this subsection1 or the application of any provision of this subsection to any person or circumstance1 is held invalid1 the application of such provision to other persons or circumstances1 and the remainder of this subsection1 shall not be affected thereby4 4