,,ii #aaeth ,,congress #b;d ,session ,s4 #cgbg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #f1 #bjah,mr4 ,gardner introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to promote remediation of orphan hardrock mines1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,good ,samaritan ,remediation of ,orphan ,hardrock ,mines ,act of #bjah4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,cooperating person ,the term cooperating person means any person that is named by the ,good ,samaritan in the permit application as a cooperating entity4 7#c7 ,federal land management agency ,the term ,federal land management agency means any ,federal agency authorized by law or executive order to exercise jurisdiction1 custody1 or control over land owned by the ,united ,states4 7#d7 ,good ,samaritan ,the term ,good ,samaritan means a person that1 with respect to historic mine residue1 as determined by the ,administrator-- 7,a7 is not a past or current owner or operator of-- 7i7 the orphan mine site at which the historic mine residue is located2 or 7ii7 a portion of that orphan mine site2 7,b7 had no role in the creation of the historic mine residue2 and 7,c7 is not potentially liable under any ,federal1 ,state1 ,tribal1 or local law for the remediation1 treatment1 or control of the historic mine residue4 7#e7 ,good ,samaritan permit ,the term ,good ,samaritan permit means a permit granted by the ,administrator under section #d7;a77#a74 7#f7 ,historic mine residue 7,a7 ,in general ,the term historic mine residue means mine residue or any condition at an orphan mine site resulting from hardrock mining activities conducted on-- 7i7 ,federal land under sections #bcai through #bceb of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb2 #cj ,u4,s4,c4 #bb et seq472 or 7ii7 ,state or private land4 7,b7 ,inclusions ,the term historic mine residue includes-- 7i7 previously mined ores and minerals other than coal that contribute to acid mine drainage or other pollution2 7ii7 equipment 7including materials in equipment72 7iii7 any tailings1 heap leach piles1 dump leach piles1 waste rock1 overburden1 slag piles1 or other waste or material resulting from any extraction1 beneficiation1 or other processing activity that occurred during the active operation of an orphan mine site2 7iv7 any acidic or otherwise polluted flow in surface water or groundwater that originates from1 or is pooled and contained in1 an inactive or abandoned mine site1 such as underground workings1 open pits1 in-situ leaching operations1 ponds1 or impoundments2 7v7 any hazardous substance 7as defined in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja772 7vi7 any pollutant or contaminant 7as defined in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja772 and 7vii7 any pollutant 7as defined in section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb774 7#g7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #eah7;h7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7;h774 7#h7 ,investigative sampling permit ,the term investigative sampling permit means a permit granted by the ,administrator under section #d7;d77#a74 7#i7 ,orphan mine site 7,a7 ,in general ,the term orphan mine site means an abandoned or inactive hardrock mine site and any facility associated with an abandoned or inactive hardrock mine site-- 7i7 that was used for the production of a mineral other than coal conducted on ,federal land under sections #bcai through #bceb of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb2 #cj ,u4,s4,c4 #bb et seq47 or on non-,federal land2 and 7ii7 for which1 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 ,administrator1 the ,administrator or1 in the case of a site on land owned by the ,united ,states1 the ,federal land management agency1 determines that no responsible owner or operator has been identified-- 7,i7 who is potentially liable for1 or has been required to perform or pay for1 environmental remediation activities under applicable law2 and 7,,ii7 other than1 in the case of a mine site located on land owned by the ,united ,states1 a ,federal land management agency that has not been involved in mining activity on that land1 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 activity4 7,b7 ,inclusion ,the term orphan mine site includes a hardrock mine site 7including associated facilities7 that was previously the subject of a completed response action under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 or a similar ,federal and ,state reclamation or cleanup program1 including the remediation of mine-scarred land under the brownfields revitalization program under section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k774 7,c7 ,exclusions 7i7 ,in general ,the term orphan mine site does not include a mine site 7including associated facilities7-- 7,i7 in a temporary shutdown or cessation2 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;,b77 or is proposed for inclusion on that list2 7,,iii7 that is the subject of a planned or ongoing response action under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 or a similar ,federal and ,state reclamation or cleanup program2 7,,iv7 that has a responsible owner or operator2 or 7,v7 that actively mined or processed minerals after ,december #aa1 #aihj4 7#aj7 ,passive landowner ,the term passive landowner means an individual who-- 7,a7 owns property containing an orphan mine site2 7,b7 had no part in the operation of the orphan mine site2 and 7,c7 took ownership of the property described in subparagraph 7,a7 after termination of the mining operation at the orphan mine site4 7#aa7 ,person ,the term person means any entity described in-- 7,a7 section #ejb7e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7e772 and 7,b7 section #aja7ba7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ba774 7#ab7 ,remediation 7,a7 ,in general ,the term remediation means any action taken to investigate1 characterize1 or cleanup1 in whole or in part1 a discharge1 release1 or threat of release of a hazardous substance1 pollutant1 or contaminant into the environment at or from an orphan mine site1 or to otherwise protect and improve human health and the environment4 7,b7 ,inclusion ,the term remediation includes any action to remove1 treat1 or contain historic mine residue to prevent1 minimize1 or reduce-- 7i7 the release or threat of release of a hazardous substance1 pollutant1 or contaminant that would harm human health or the environment2 or 7ii7 a migration or discharge of a hazardous substance1 pollutant1 or contaminant that would harm human health or the environment4 7#ac7 ,reservation ,the term reservation has the meaning given the term ,indian country in section #aaea of title #ah1 ,united ,states ,code4 7#ad7 ,responsible owner or operator ,the term responsible owner or operator means a person that is-- 7,a7 7i7 legally responsible under section #cja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa7 for a discharge that originates from an orphan mine site2 and 7ii7 financially able to comply with each requirement described in that section2 or 7,b7 7i7 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 substance1 pollutant1 or contaminant associated with the historic mine residue at or from an orphan mine site under section #ajd1 #ajf1 #ajg1 or #aac of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd1 #ifjf1 #ifjg1 #ifac72 and 7ii7 financially able to comply with each requirement described in those sections1 as applicable4 #c4 ,scope ,nothing in this ,act 7or an amendment made by this ,act7-- 7#a7 reduces any existing liability2 7#b7 releases any person from liability1 except in compliance with this ,act2 7#c7 authorizes the conduct of any mining or processing other than the conduct of any processing of previously mined ores1 minerals1 wastes1 or other materials that is authorized by a ,good ,samaritan permit2 7#d7 imposes liability on the ,united ,states or a ,federal land management agency pursuant to section #ajg of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjg7 or section #cja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa72 or 7#e7 relieves the ,united ,states or any ,federal land management agency from any liability under section #ajg of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjg7 or section #cja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa7 that exists apart from any action undertaken pursuant to this ,act4 #d4 ,orphan mine site ,good ,samaritan pilot project authorization 7a7 ,establishment 7#a7 ,in general ,the ,administrator shall establish a pilot program under which the ,administrator shall grant not more than #ae ,good ,samaritan permits to carry out projects to remediate historic mine residue at any portions of orphan mine sites in accordance with this ,act4 7#b7 ,oversight of permits ,the ,administrator may oversee the remediation project under paragraph 7#a71 and any action taken by the applicable ,good ,samaritan or any cooperating person under the applicable ,good ,samaritan permit1 for the duration of the ,good ,samaritan permit1 as the ,administrator determines to be necessary to review the status of the project4 7b7 ,good ,samaritan permit eligibility 7#a7 ,in general ,to be eligible to receive a ,good ,samaritan permit to carry out a project to remediate an orphan mine site1 a person shall demonstrate that-- 7,a7 the orphan mine site that is the subject of the application for a ,good ,samaritan permit is located in the ,united ,states2 7,b7 the purpose of the proposed project is the remediation at that orphan mine site of historic mine residue2 7,c7 the proposed activities are designed to result in the partial or complete remediation of historic mine residue at the orphan mine site2 7,d7 to the satisfaction of the ,administrator1 the person-- 7i7 possesses1 or has the ability to secure1 the financial and other resources necessary-- 7,i7 to complete the permitted work1 as determined by the ,administrator2 and 7,,ii7 to address any contingencies identified in the ,good ,samaritan permit application described in subsection 7c72 7ii7 possesses the proper and appropriate experience and capacity to complete the permitted work2 and 7iii7 will complete the permitted work2 and 7,e7 the person is a ,good ,samaritan with respect to the historic mine residue proposed to be covered by the ,good ,samaritan permit4 7#b7 ,identification of all responsible owners or operators 7,a7 ,in general ,a ,good ,samaritan shall make reasonable and diligent efforts to identify1 from a review of publicly available information in land records or on internet websites of ,federal1 ,state1 and local regulatory authorities1 all responsible owners or operators of an orphan mine site proposed to be remediated by the ,good ,samaritan under this section4 7,b7 ,existing responsible owner or operator ,if the ,administrator determines1 based on information provided by a ,good ,samaritan or otherwise1 that a responsible owner or operator exists for an orphan mine site proposed to be remediated by the ,good ,samaritan1 the ,administrator shall deny the application for a ,good ,samaritan permit4 7c7 ,application for permits ,to obtain a ,good ,samaritan permit1 a person shall submit to the ,administrator an application1 signed by the person and any cooperating person1 that provides1 to the extent known or reasonably discoverable by the person on the date on which the application is submitted-- 7#a7 a description of the orphan mine site 7including the boundaries of the orphan mine site7 proposed to be covered by the ,good ,samaritan permit2 7#b7 a description of all parties proposed to be involved in the remediation project1 including any cooperating person and each member of an applicable corporation1 association1 partnership1 consortium1 joint venture1 commercial entity1 or nonprofit association2 7#c7 evidence that the person has or will acquire all legal rights or the authority necessary to enter the relevant orphan mine site and perform the remediation described in the application2 7#d7 a detailed description of the historic mine residue to be remediated2 7#e7 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#g72 7#f7 to the satisfaction of the ,administrator and subject to subsection 7d71 a description of the baseline environmental conditions1 including potentially affected surface water quality and hydrological conditions1 affected by the historic mine residue to be remediated that includes-- 7,a7 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 orphan mine site2 7,b7 the flow rate and concentration of any drainage of historic mine residue or other discharge from the orphan mine site in any body of water that has resulted in an adverse impact described in subparagraph 7,a72 and 7,c7 any other release or threat of release of historic mine residue that has resulted in an adverse impact to public health or the environment2 7#g7 subject to subsection 7d71 a remediation plan for the orphan mine site that describes-- 7,a7 the nature and scope of the proposed remediation activities1 including-- 7i7 any historic mine residue to be addressed by the remediation plan2 and 7ii7 a description of the goals of the remediation including1 if applicable1 with respect to-- 7,i7 the reduction or prevention of a release1 threat of release1 or discharge to surface waters2 or 7,,ii7 other appropriate goals relating to water or soil2 7,b7 each activity that the person proposes to take that is designed-- 7i7 to improve or enhance water quality or site-specific soil quality relevant to the historic mine residue addressed by the remediation plan2 or 7ii7 to otherwise protect human health and the environment 7including through the prevention of a release1 discharge1 or threat of release to water or soil72 7,c7 the monitoring or other form of assessment1 if any1 that will be undertaken by the person to evaluate the success of the activities described in subparagraph 7,a7 during and after the remediation1 with respect to the baseline conditions1 as described in paragraph 7#f72 7,d7 to the satisfaction of the ,administrator1 detailed engineering plans for the project2 7,e7 any proposed recycling or reprocessing of historic mine residue to be conducted by the person 7including a description of how all proposed recycling or reprocessing activities relate to the remediation of the orphan mine site72 and 7,f7 identification of any proposed contractor that will perform any remediation activity2 7#h7 subject to subsection 7d71 a schedule for the work to be carried out under the project1 including a schedule for periodic reporting by the person on the remediation of the orphan mine site2 7#i7 subject to subsection 7d71 in the case of a remediation activity that requires plugging1 opening1 or otherwise altering the portal or adit of an orphan mine site1 an evaluation of orphan mine site conditions1 including an assessment of any pooled water or hydraulic pressure in the orphan mine site conducted by a licensed professional engineer2 7#aj7 a health and safety plan that is specifically designed for mining remediation work2 7#aa7 a specific contingency plan that-- 7,a7 includes provisions on response and notification to ,federal1 ,state1 and local authorities with jurisdiction over downstream waters that have the potential to be impacted by an unplanned release or discharge of hazardous substances1 pollutants1 or contaminants2 and 7,b7 is designed to respond to unplanned adverse events 7such as potential fluid release that may result from addressing pooled water or hydraulic pressure situations71 including the sudden release of historic mine residue2 7#ab7 subject to subsection 7d71 a project budget and description of financial resources that demonstrate that the permitted work1 including any operation and maintenance1 will be completed2 7#ac7 subject to subsection 7d71 information demonstrating that the applicant has the financial resources to carry out the remediation 7including any long-term monitoring that may be required by the ,good ,samaritan permit7 or the ability to secure an appropriate third-party financial assurance1 as determined by the ,administrator1 to ensure completion of the permitted work1 including any long-term operations and maintenance of remediation activities that may be-- 7,a7 proposed in the application for the ,good ,samaritan permit2 or 7,b7 required by the ,administrator as a condition of granting the permit2 7#ad7 subject to subsection 7d71 a detailed plan for any required operation and maintenance of any remediation1 including a timeline1 if necessary2 7#ae7 subject to subsection 7d71 a description of any planned post-remediation monitoring1 if necessary2 and 7#af7 subject to subsection 7d71 any other appropriate information1 as determined by the ,administrator or the applicant4 7d7 ,investigative sampling 7#a7 ,investigative sampling permits ,the ,administrator may grant an investigative sampling permit for a period determined by the ,administrator to authorize a person to conduct investigative sampling of historic mine residue1 soil1 or water to determine-- 7,a7 baseline conditions2 and 7,b7 whether the person-- 7i7 is willing to perform further remediation to address the historic mine residue2 and 7ii7 will proceed with a permit conversion under subsection 7e77#a74 7#b7 ,application ,if a person proposes to conduct investigative sampling1 the person shall submit to the ,administrator a ,good ,samaritan permit application that contains1 to the satisfaction of the ,administrator-- 7,a7 each description required under paragraphs 7#a71 7#b71 7#e71 and 7#f7 of subsection 7c72 7,b7 the evidence required under subsection 7c77#c72 7,c7 each plan required under paragraphs 7#aj7 and 7#aa7 of subsection 7c72 and 7,d7 a detailed plan of the investigative sampling4 7#c7 ,permit limitations ,if a person submits an application that proposes only investigative sampling of historic mine residue1 soil1 or water that only includes the requirements described in paragraph 7#b71 the ,administrator may only grant an investigative sampling permit that authorizes the person only to carry out the plan of investigative sampling of historic mine residue1 soil1 or water1 as described in the investigative sampling permit application under paragraph 7#b74 7#d7 ,requirements relating to samples ,in conducting investigative sampling of historic mine residue1 soil1 or water1 a person shall-- 7,a7 collect samples that are representative of the conditions present at the orphan mine site that is the subject of the investigative sampling permit2 and 7,b7 retain publically available records of all sampling events for a period of not less than #c years4 7#e7 ,post-sampling remediation 7,a7 ,refusal to convert permit ,subject to subparagraph 7,b71 a person who obtains an investigative sampling permit may decline to apply to convert the investigative sampling permit into a ,good ,samaritan permit under paragraph 7#f7 and decline to undertake remediation on conclusion of investigative sampling4 7,b7 ,return to preexisting conditions ,if the activities carried out by a person under an investigative sampling permit result in surface water quality conditions1 or any other environmental conditions1 that are worse than the preexisting conditions of the applicable orphan mine site due to historic mine residue at the orphan mine site1 the person shall undertake actions to return the orphan mine site to those preexisting conditions4 7#f7 ,permit conversion ,not later than #a year after the date on which the investigative sampling under the investigative sampling permit concludes1 a person to whom an investigative sampling permit is granted under paragraph 7#a7 may apply to convert an investigative sampling permit into a ,good ,samaritan permit under subsection 7e77#a74 7e7 ,investigative sampling conversion 7#a7 ,in general ,a person to which an investigative sampling permit was granted may submit to the ,administrator an application in accordance with paragraph 7#b7 to convert the investigative sampling permit into a ,good ,samaritan permit4 7#b7 ,application 7,a7 ,investigative sampling ,an application for the conversion of an investigative sampling permit under paragraph 7#a7 shall include any requirement described in subsection 7c7 that was not included in full in the application submitted under subsection 7d77#b74 7,b7 ,public notice and comment ,an application for permit conversion under this paragraph shall be subject to-- 7i7 a period of public notice and comment2 and 7ii7 a public hearing1 if requested4 7f7 ,content of permits 7#a7 ,in general ,a ,good ,samaritan permit shall contain-- 7,a7 the information described in subsection 7c71 including any modification required by the ,administrator2 7,b7 7i7 a provision that states that the ,good ,samaritan is responsible for securing1 for all activities authorized under the ,good ,samaritan permit1 all authorizations1 licenses1 and permits that are required under applicable law except for-- 7,i7 section #cja1 #cjb1 #cjf1 #cjg1 #djb1 or #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa1 #acab1 #acaf1 #acag1 #acdb1 #acdd72 and 7,,ii7 authorizations1 licenses1 and permits that would not need to be obtained if the remediation was conducted pursuant to section #aba of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifba72 or 7ii7 in the case of an orphan mine site in a ,state that is authorized to implement ,state law pursuant to section #djb or #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb1 #acdd7 or on land of an ,indian tribe that is authorized to implement ,tribal law pursuant to that section1 a provision that states that the ,good ,samaritan is responsible for securing1 for all activities authorized under the ,good ,samaritan permit1 all authorizations1 licenses1 and permits that are required under applicable law1 except for-- 7,i7 the ,state or ,tribal law1 as applicable2 and 7,,ii7 authorizations1 licenses1 and permits that would not need to be obtained if the remediation was conducted pursuant to section #aba of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifba72 7,c7 specific public notification requirements1 including the contact information for all appropriate response centers in accordance with subsection 7o72 and 7,d7 any other terms and conditions determined to be appropriate by the ,administrator4 7#b7 ,force majeure ,a ,good ,samaritan permit may include1 at the request of the ,good ,samaritan1 a provision that a ,good ,samaritan may assert a claim of force majeure for any violation of the ,good ,samaritan permit caused solely by-- 7,a7 an act of ,god2 7,b7 an act of war2 7,c7 negligence on the part of the ,united ,states2 or 7,d7 an act or omission of a third party1 if the ,good ,samaritan-- 7i7 exercises due care with respect to the actions of the ,good ,samaritan under the ,good ,samaritan permit1 as determined by the ,administrator2 7ii7 took precautions against foreseeable acts or omissions of the third party1 as determined by the ,administrator2 and 7iii7 uses reasonable efforts-- 7,i7 to anticipate any potential force majeure2 and 7,,ii7 to address the effects of any potential force majeure4 7#c7 ,monitoring 7,a7 ,in general ,the ,good ,samaritan shall take such actions as the ,good ,samaritan permits requires to ensure appropriate baseline monitoring1 monitoring during the remediation project1 and post-remediation monitoring of the environment under paragraphs 7#f71 7#g71 and 7#ae71 respectively1 of subsection 7c74 7,b7 ,multiparty monitoring ,the ,administrator may approve in a ,good ,samaritan permit the monitoring by multiple cooperating persons if1 as determined by the ,administrator-- 7i7 the multiparty monitoring will effectively accomplish the goals of this section2 and 7ii7 the ,good ,samaritan remains responsible for compliance with the terms of the ,good ,samaritan permit4 7#d7 ,signature by ,good ,samaritan ,the signature of the relevant ,good ,samaritan and a cooperating person1 if any1 on the ,good ,samaritan permit shall be considered to be an acknowledgment by the ,good ,samaritan that the ,good ,samaritan accepts the terms and conditions of the ,good ,samaritan permit4 7#e7 ,other development 7,a7 ,no authorization of mining activities ,except as provided in the ,good ,samaritan permit1 no mineral exploration1 processing1 beneficiation1 or mining shall be-- 7i7 authorized by this ,act2 or 7ii7 covered by any waiver of liability provided by this ,act from applicable law4 7,b7 ,sale or use of materials ,a ,good ,samaritan may sell or use materials recovered during the implementation of a remediation plan only if all of the proceeds from the sale or use of the materials are first used-- 7i7 to defray the costs of the remediation2 and 7ii7 to the extent required by the ,good ,samaritan permit1 to reimburse the ,administrator or the head of a ,federal land management agency for any costs incurred for oversight of the ,good ,samaritan4 7,c7 ,connection with other activities ,the commingling or association of any other discharge of water or historic mine residue or any activity1 project1 or operation 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 activity1 project1 or operation4 7g7 ,additional work ,a ,good ,samaritan permit may allow the ,good ,samaritan to return to the orphan mine site after the completion of the remediation to perform operations and maintenance or other work-- 7#a7 to ensure the functionality of the orphan mine site2 or 7#b7 to protect public health and the environment4 7h7 ,timing ,work authorized under a ,good ,samaritan permit-- 7#a7 shall commence1 as applicable-- 7,a7 not later than the date that is #ah months after the date on which the ,administrator granted the ,good ,samaritan permit1 unless the ,administrator grants an extension under subsection 7r77#c77;,b77i72 or 7,b7 if the grant of the ,good ,samaritan permit is the subject of a petition for judicial review1 not later than the date that is #ah months after the date on which the judicial review1 including any appeals1 has concluded2 and 7#b7 shall continue until completed1 with temporary suspensions permitted during adverse weather or other conditions specified in the ,good ,samaritan permit4 7i7 ,transfer of permits ,a ,good ,samaritan permit may be transferred to another person only if-- 7#a7 the ,administrator determines that the transferee qualifies as a ,good ,samaritan2 7#b7 the transferee signs1 and agrees to be bound by the terms of1 the ,good ,samaritan permit2 7#c7 the ,administrator includes in the transferred ,good ,samaritan permit any additional conditions necessary to meet the goals of this ,act2 and 7#d7 in the case of a project carried out or proposed to be carried out under the transferred ,good ,samaritan permit on land owned by the ,united ,states-- 7,a7 the head of the appropriate ,federal land management agency consents to the transfer2 and 7,b7 the transferee enters into any applicable special use permit or other land use agreement with that ,federal land management agency4 7j7 ,role of ,administrator ,in carrying out this section1 the ,administrator shall-- 7#a7 consult with prospective applicants2 7#b7 convene1 coordinate1 and lead the application review process2 7#c7 maintain all records relating to the ,good ,samaritan permit and the permit process2 7#d7 provide an opportunity for cooperating persons and the public to participate in the ,good ,samaritan permit process1 including-- 7,a7 a public comment period2 and 7,b7 a public hearing1 if requested2 and 7#e7 enforce and otherwise carry out this section4 7k7 ,state1 local1 and ,tribal governments ,as soon as practicable1 but not later than #ad days after the date on which the ,administrator receives an application for the remediation of an orphan mine site under this section1 the ,administrator shall provide notice and a copy of the application to-- 7#a7 each local government with jurisdiction over a drinking water utility1 and each ,indian tribe with reservation or off-reservation treaty rights to land or water1 located downstream from a proposed remediation project that is reasonably anticipated to be adversely impacted by a potential release of contaminants from the orphan mine site1 as determined by the ,administrator2 7#b7 each ,federal1 ,state1 and ,tribal agency that may have an interest in the application2 and 7#c7 in the case of an orphan mine site that is located partially or entirely on land owned by the ,united ,states1 the ,federal land management agency with jurisdiction over that land4 7l7 ,public notice of receipt of applications 7#a7 ,in general ,not later than #cj days after the date on which the ,administrator receives a complete application for a ,good ,samaritan permit1 the ,administrator shall provide to the public a notice that-- 7,a7 describes-- 7i7 the location of the relevant orphan mine site2 7ii7 the scope and nature of the proposed remediation2 and 7iii7 the name of the person applying for the ,good ,samaritan permit2 and 7,b7 provides to the public a means of viewing or obtaining the application1 including1 at a minimum1 posting the application on the website of the ,administrator4 7#b7 ,hearing 7,a7 ,in general ,before the date on which the ,administrator grants a ,good ,samaritan permit1 if requested1 the ,administrator shall hold a public hearing in the vicinity of the affected orphan mine site4 7,b7 ,notice ,not later than #cj days before the date of a hearing under subparagraph 7,a71 the ,administrator shall provide to the public-- 7i7 notice of the hearing2 and 7ii7 a draft ,good ,samaritan permit4 7,c7 ,comments ,the ,administrator shall provide to the relevant applicant and the public the opportunity-- 7i7 to comment on the draft ,good ,samaritan permit at the public hearing2 and 7ii7 to submit written comments to the ,administrator during the #cj-;day period beginning on the date of the hearing4 7m7 ,permit grant 7#a7 ,in general ,the ,administrator may grant a ,good ,samaritan permit to carry out a project for the remediation of an orphan mine site only if-- 7,a7 the ,administrator determines that-- 7i7 the person seeking the permit is a ,good ,samaritan2 7ii7 the application described in subsection 7c7 is complete2 7iii7 the project is designed to remediate historic mine residue at the orphan mine site to protect public health and the environment2 7iv7 the proposed project is designed to meet all other goals1 as determined by the ,administrator1 including any goals set forth in the application for the ,good ,samaritan permit that are accepted by the ,administrator2 7v7 the proposed activities are designed to result in1 as compared to the baseline conditions described in subsection 7c77#f7-- 7,i7 improved water or soil quality or other environmental or safety conditions2 or 7,,ii7 reductions in further threats to water or soil quality or other environmental or safety conditions2 7vi7 the applicant has-- 7,i7 demonstrated that the applicant has the proper and appropriate experience and capacity to complete the permitted work2 7,,ii7 demonstrated that the applicant will complete the permitted work2 7,,iii7 the financial and other resources to address any contingencies identified in the ,good ,samaritan permit application described in subsections 7b7 and 7c72 7,,iv7 granted access and provided the authority to review the records of the applicant relevant to compliance with the requirements of the ,good ,samaritan permit2 and 7,v7 demonstrated1 to the satisfaction of the ,administrator1 that-- 7aa7 the applicant has1 or has access to1 the financial resources to complete the project described in the ,good ,samaritan permit application1 including any long-term monitoring and operations and maintenance that the ,administrator may require the applicant to perform in the ,good ,samaritan permit2 or 7bb7 the applicant has established a third-party financial assurance mechanism1 such as a corporate guarantee from a parent or other corporate affiliate1 letter of credit1 trust1 surety bond1 or insurance to assure that funds are available to complete the permitted work1 including for operations and maintenance and to address potential contingencies1 that establishes the ,administrator or the head of the ,federal land management agency as the beneficiary of the third-party financial assurance mechanism and that 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 permit2 and 7vii7 the project meets the requirements of this ,act2 7,b7 the ,state or ,indian tribe with jurisdiction over land on which the orphan mine site is located has been given an opportunity to review and1 if necessary1 comment on the grant of the ,good ,samaritan permit2 7,c7 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-- 7i7 the head of the ,federal land management agency with jurisdiction over that land reviews and concurs with the grant of the ,good ,samaritan permit2 and 7ii7 the ,good ,samaritan has entered into any applicable special use permit or other land use agreement with the ,federal land management agency pursuant to applicable ,federal land management law2 and 7,d7 the ,administrator has provided-- 7i7 notice under subsection 7l72 and 7ii7 a period of public comment and a public hearing under that subsection1 if requested4 7#b7 ,relation to ,,nepa 7,a7 ,in general ,the grant or modification of a ,good ,samaritan permit by the ,administrator shall not be considered a major ,federal action significantly affecting the quality of the human environment for purposes of section #ajb of the ,national ,environmental ,policy ,act 7#db ,u4,s4,c4 #dccb74 7,b7 ,limitation ,nothing in this paragraph exempts the ,secretary of ,agriculture or the ,secretary of the ,interior1 as applicable1 from any other requirements of section #ajb of the ,national ,environmental ,policy ,act 7#db ,u4,s4,c4 #dccb74 7#c7 ,deadline 7,a7 ,in general ,the ,administrator shall grant or deny a ,good ,samaritan permit by not later than-- 7i7 the date that is #ahj days after the date of receipt by the ,administrator of an application for the ,good ,samaritan permit that1 as determined by the ,administrator1 is complete and meets all applicable requirements of subsection 7c72 or 7ii7 such later date as may be determined by the ,administrator with notification provided to the applicant4 7,b7 ,constructive denial ,if the ,administrator fails to grant or deny a ,good ,samaritan permit by the applicable deadline described in subparagraph 7,a71 the application shall be considered to be denied4 7n7 ,effect of permits 7#a7 ,in general ,a ,good ,samaritan1 recipient of an investigative sampling permit1 passive landowner1 and any cooperating person undertaking remediation activities identified in and carried out pursuant to and in full compliance with a ,good ,samaritan permit-- 7,a7 shall be considered to be in compliance with all requirements 7including permitting requirements7 under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7including any law or regulation implemented by a ,state or ,indian tribe under section #djb or #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb1 #acdd77 and the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 during the term of the ,good ,samaritan permit and after the termination of the ,good ,samaritan permit2 7,b7 shall not be required to obtain a permit under1 or to comply with1 section #cja1 #cjb1 #cjf1 #cjg1 #djb1 or #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa1 #acab1 #acaf1 #acag1 #acdb1 #acdd71 or any ,state or ,tribal standards or regulations approved by the ,administrator under those sections of that ,act1 during the term of the ,good ,samaritan permit and after the termination of the ,good ,samaritan permit2 and 7,c7 shall not be required to obtain any authorizations1 licenses1 or permits that would otherwise not need to be obtained if the remediation was conducted pursuant to section #aba of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifba74 7#b7 ,activities not relating to remediation 7,a7 ,in general ,a ,good ,samaritan or any cooperating person that carries out any activity relating to mineral exploration1 processing1 beneficiation1 or mining1 including development1 that is not authorized by the applicable ,good ,samaritan permit shall be subject to all applicable law4 7,b7 ,liability ,any activity not authorized by a ,good ,samaritan permit1 as determined by the ,administrator1 may be subject to liability and enforcement under all applicable law1 including-- 7i7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7ii7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7#c7 ,no enforcement liability 7,a7 ,discharges ,subject to subparagraphs 7,b7 and 7,c71 a ,good ,samaritan1 recipient of an investigative sampling permit1 passive landowner1 or cooperating person that is conducting remediation pursuant to a ,good ,samaritan permit shall not be subject to enforcement1 civil or criminal penalties1 citizen suits1 or any other liability 7including any liability for response costs1 natural resource damage1 or contribution7 under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7including under any law or regulation administered by a ,state or ,indian tribe under that ,act7 or the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 for any actions undertaken or for any past1 present1 or future releases1 threats of releases1 or discharges of hazardous substances1 pollutants1 or contaminants at or from the orphan mine site that is the subject of the ,good ,samaritan permit 7including any releases1 threats of releases1 or discharges that occurred prior to the grant of the ,good ,samaritan permit7 during the term of the ,good ,samaritan permit and after termination of the ,good ,samaritan permit4 7,b7 ,other parties ,nothing in subparagraph 7,a7 limits the liability of any person that is not described in that subparagraph4 7,c7 ,violation of permit prior to termination ,notwithstanding subparagraph 7,a71 if the ,good ,samaritan1 passive landowner1 or cooperating person violates the terms of the ,good ,samaritan permit and that violation results in surface water quality or other environmental conditions that are worse than baseline conditions at the orphan mine site1 the ,administrator-- 7i7 shall notify the ,good ,samaritan of the violation2 and 7ii7 may require the ,good ,samaritan to undertake reasonable measures1 as determined by the ,administrator1 to return surface water quality or other environmental conditions to the condition that existed prior to the violation4 7o7 ,public notification of adverse event ,a ,good ,samaritan shall notify all appropriate ,federal1 ,state1 ,tribal1 and local entities of any unplanned or previously unknown release of historic mine residue caused by the actions of the ,good ,samaritan1 passive landowner1 or any cooperating person in accordance with-- 7#a7 section #ajc of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjc72 7#b7 section #cjd of the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajjd72 7#c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7#d7 any other applicable provision of ,federal law2 and 7#e7 any other applicable provision of ,state1 ,tribal1 or local law4 7p7 ,grant eligibility ,a remediation project conducted under a ,good ,samaritan permit shall be eligible for funding pursuant to-- 7#a7 section #cai of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbi72 and 7#b7 section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k774 7q7 ,emergency authority and liability 7#a7 ,emergency authority ,nothing in this section affects the authority of-- 7,a7 the ,administrator to take any responsive action authorized by law2 or 7,b7 a ,federal1 ,state1 ,tribal1 or local agency to carry out any emergency authority1 including an emergency authority provided under ,federal1 ,state1 ,tribal1 or local law4 7#b7 ,liability ,except as specifically provided in this ,act1 nothing in this ,act or a ,good ,samaritan permit limits the liability of any person 7including a ,good ,samaritan or any cooperating person7 under any provision of law4 7r7 ,termination of authority 7#a7 ,termination 7,a7 ,in general ,except as provided in subparagraph 7,b71 the authority to grant ,good ,samaritan permits pursuant to this ,act shall terminate on the date that is #g years after the date of enactment of this ,act4 7,b7 ,exception ,notwithstanding subparagraph 7,a71 the ,administrator may grant a ,good ,samaritan permit pursuant to this ,act after the date identified in subparagraph 7,a7 if the application for the ,good ,samaritan permit-- 7i7 was submitted not later than #ahj days before that date2 and 7ii7 was completed in accordance with subsection 7e77#a7 by not later than #g years after the date of enactment of this ,act4 7#b7 ,effect on certain permits ,any ,good ,samaritan permit granted by the deadline prescribed in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 as applicable1 that is in effect on the date that is #g years after the date of enactment of this ,act shall remain in effect after that date in accordance with-- 7,a7 the terms and conditions of the ,good ,samaritan permit2 and 7,b7 this ,act4 7#c7 ,termination of permit 7,a7 ,in general ,a ,good ,samaritan permit shall terminate1 as applicable-- 7i7 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 permit1 as determined by the ,administrator2 7ii7 if the ,administrator terminates a permit under paragraph 7#d77;,b77i72 or 7iii7 except as provided in subparagraph 7,b7-- 7,i7 on the date that is #ah months after the date on which the ,administrator granted the ,good ,samaritan permit1 if the permitted work has not commenced by that date2 or 7,,ii7 if the grant of the ,good ,samaritan permit was the subject of a petition for judicial review1 on the date that is #ah months after the date on which the judicial review1 including any appeals1 has concluded1 if the permitted work has not commenced by that date4 7,b7 ,extension 7i7 ,in general ,if the ,administrator is otherwise required to terminate a ,good ,samaritan permit under subparagraph 7,a77iii71 the ,administrator may grant an extension of the ,good ,samaritan permit4 7ii7 ,limitation ,any extension granted under clause 7i7 shall be not more than #ahj days for each extension4 7#d7 ,unforeseen circumstances 7,a7 ,in general ,the recipient of a ,good ,samaritan permit or investigative sampling permit may seek to modify or terminate the ,good ,samaritan permit or investigative sampling permit to take into account any event or condition that-- 7i7 significantly reduces the feasibility or significantly increases the cost of completing the remediation project that is the subject of the ,good ,samaritan permit or investigative sampling permit2 7ii7 was not-- 7,i7 reasonably contemplated by the recipient of the permit2 or 7,,ii7 taken into account in the remediation plan of the recipient of the permit2 and 7iii7 is beyond the control of the recipient of the permit1 as determined by the ,administrator4 7,b7 ,termination 7i7 ,in general ,subject to subsection 7n77#c71 the ,administrator shall terminate a ,good ,samaritan permit or investigative sampling permit if-- 7,i7 the recipient of the permit seeks termination of the permit under subparagraph 7,a72 7,,ii7 the factors described in subparagraph 7,a7 are satisfied2 and 7,,iii7 the ,administrator determines that remediation activities conducted by the ,good ,samaritan or person pursuant to the ,good ,samaritan permit or investigative sampling permit1 respectively1 may result in surface water quality conditions1 or any other environmental conditions1 that will be worse than the baseline conditions1 as described in subsection 7c77#f71 as applicable4 7ii7 ,effect of termination ,notwithstanding the termination of a ,good ,samaritan permit or investigative sampling permit under clause 7i71 the provisions of paragraphs 7#a71 7#b71 and 7#c7 of subsection 7n7 shall continue to apply to the ,good ,samaritan1 the recipient of an investigative sampling permit1 and any cooperating persons after the termination4 7#e7 ,long-term operations and maintenance ,in the case of a project that involves long-term operations and maintenance at an orphan mine site located on land owned by the ,united ,states1 the project may be considered complete and the ,administrator 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 maintenance4 7s7 ,regulations 7#a7 ,in general ,subject to paragraph 7#b71 not later than #a year after the date of enactment of this ,act1 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-- 7,a7 requirements for remediation plans described in subsection 7c72 and 7,b7 any other requirement that the ,administrator determines to be necessary to carry out this ,act4 7#b7 ,specific requirements before promulgation of regulations ,before the date on which the ,administrator promulgates regulations under paragraph 7#a71 the ,administrator may establish1 on a case-by-case basis1 specific requirements that the ,administrator determines would facilitate the implementation of this subsection with respect to a ,good ,samaritan permitting program4 #e4 ,special accounts 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a ,good ,samaritan ,mine ,remediation ,fund 7referred to in this section as a ,fund7 for 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 permit4 7b7 ,deposits ,each ,fund shall consist of-- 7#a7 amounts provided in appropriation ,acts2 7#b7 any reimbursements for the costs of oversight received under section #d7;f77#e77;,b77ii72 7#c7 any financial assurance funds collected from an agreement described in section #d7m77#a77;,a77vi77,v77bb72 7#d7 any funds collected for long-term operations and maintenance under an agreement under section #d7r77#e72 7#e7 any interest earned under an investment under subsection 7c72 and 7#f7 any proceeds from the sale or redemption of investments held in the ,fund4 7c7 ,unused funds ,amounts in each ,fund not currently needed to carry out this ,act shall be-- 7#a7 maintained as readily available or on deposit2 7#b7 invested in obligations of the ,united ,states or guaranteed by the ,united ,states2 or 7#c7 invested in obligations1 participations1 or other instruments that are lawful investments for a fiduciary1 a trust1 or public funds4 7d7 ,retain and use authority ,each head of a ,federal land management agency1 as appropriate1 may1 notwithstanding any other provision of law1 retain and use money deposited in the applicable ,fund without fiscal year limitation for the purpose of carrying out this ,act4 7e7 ,limitation ,amounts in each ,fund may only be used for the ,good ,samaritan project for which the funds were deposited4 #f4 ,report to ,congress 7a7 ,in general ,not later than #h years after the date of enactment of this ,act1 the ,administrator1 in consultation with the heads of ,federal land management agencies1 shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committees on ,transportation and ,infrastructure1 ,energy and ,commerce1 and ,natural ,resources of the ,house of ,representatives a report evaluating the ,good ,samaritan pilot program under this ,act4 7b7 ,inclusions ,the report under subsection 7a7 shall include-- 7#a7 a description of-- 7,a7 the number1 types1 and objectives of ,good ,samaritan permits granted pursuant to this ,act2 and 7,b7 each remediation project authorized by those ,good ,samaritan permits2 7#b7 qualitative and quantitative data on the results achieved under the ,good ,samaritan permits before the date of issuance of the report2 7#c7 a description of-- 7,a7 any problems encountered in administering this ,act2 and 7,b7 whether the problems have been or can be remedied by administrative action 7including amendments to existing law72 7#d7 a description of progress made in achieving the purposes of this ,act2 and 7#e7 recommendations on whether the ,good ,samaritan pilot program under this ,act should be continued1 including a description of any modifications 7including amendments to existing law7 required to continue administering this ,act4