,,ib ,union ,calendar ,no4 #gjc #aahth ,,congress #b;d ,session ,h4 ,r4 #gggi ,report ,no4 #aah-hbc1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,march #ba1 #bjbd,ms4 ,maloy 7for herself1 ,mrs4 ,peltola1 ,mr4 ,curtis1 ,ms4 ,lee of ,nevada1 ,mr4 ,fulcher1 ,mr4 ,costa1 and ,mr4 ,moore of ,utah7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,energy and ,commerce1 and ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,december #f1 #bjbd,reported from the ,committee on ,transportation and ,infrastructure with an amendment,strike out all after the enacting clause and insert the part printed in italic ,december #f1 #bjbd ,committee on ,energy and ,commerce discharged ,december #f1 #bjbd,referred to the ,committee on ,natural ,resources1 extended for period ending not later than ,december #ai1 #bjbd ,december #aa1 #bjbd;,additional sponsors3 ,ms4 ,pettersen1 ,mr4 ,owens1 ,mr4 ,neguse1 ,mr4 ,horsford1 ,mr4 ,zinke1 ,mr4 ,simpson1 ,mr4 ,johnson of ,south ,dakota1 ,ms4 ,schrier1 ,mr4 ,amodei1 ,ms4 ,titus1 ,mrs4 ,boebert1 ,mr4 ,crow1 ,mr4 ,nehls1 ,mr4 ,bean of ,florida1 ,mr4 ,crawford1 ,mr4 ,graves of ,louisiana1 ,mr4 ,fong1 ,mrs4 ,sykes1 ,mr4 ,stauber1 ,mrs4 ,lesko1 ,mr4 ,vasquez1 ,mr4 ,schiff1 ,mr4 ,thompson of ,california1 ,ms4 ,caraveo1 ,mr4 ,crane1 ,mr4 ,gallego1 ,ms4 ,leger ,fernandez1 ,mr4 ,newhouse1 ,mr4 ,stanton1 and ,mr4 ,thompson of ,pennsylvania ,december #aa1 #bjbd ,committee on ,natural ,resources discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,march #ba1 #bjbd ,a ,,bill ,to promote remediation of abandoned hardrock mines1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,good ,samaritan ,remediation of ,abandoned ,hardrock ,mines ,act of #bjbd4 #b4 ,definitions ,in this ,act3 7#a7 ,abandoned hardrock mine site 7,a7 ,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-- 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 abandoned hardrock 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 that ,act 7#db ,u4,s4,c4 #ifjd7k774 7,c7 ,exclusions ,the term abandoned hardrock mine site does not include a mine site 7including associated facilities7-- 7i7 in a temporary shutdown or cessation2 7ii7 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 proposed for inclusion on that list2 7iii7 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 7iv7 that has a responsible owner or operator2 or 7v7 that actively mined or processed minerals after ,december #aa1 #aihj4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,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 7#cc ,u4,s4,c4 #abea et seq474 7#d7 ,baseline conditions ,the term baseline conditions means the concentrations1 locations1 and releases of any hazardous substances1 pollutants1 or contaminants1 as described in the ,good ,samaritan permit1 present at an abandoned hardrock mine site prior to undertaking any action under this ,act4 7#e7 ,cooperating person 7,a7 ,in general ,the term cooperating person means any person that is named by the ,good ,samaritan in the permit application as a cooperating entity4 7,b7 ,exclusions ,the term cooperating person does not include-- 7i7 a responsible owner or operator with respect to the abandoned hardrock mine site described in the permit application2 7ii7 a person that had a role in the creation of historic mine residue at the abandoned hardrock mine site described in the permit application2 or 7iii7 a ,federal agency4 7#f7 ,covered permit ,the term covered permit means-- 7,a7 a ,good ,samaritan permit2 and 7,b7 an investigative sampling permit4 7#g7 ,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#h7 ,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 abandoned hardrock mine site at which the historic mine residue is located2 or 7ii7 a portion of that abandoned hardrock 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#i7 ,good ,samaritan permit ,the term ,good ,samaritan permit means a permit granted by the ,administrator under section #d7;a77#a74 7#aj7 ,historic mine residue 7,a7 ,in general ,the term historic mine residue means mine residue or any condition at an abandoned hardrock mine site resulting from hardrock mining activities4 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 tailings facilities1 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 abandoned hardrock 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 hardrock 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#aa7 ,indian tribe ,the term ,indian tribe has the meaning given the term in-- 7,a7 section #eah7;h7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7;h772 or 7,b7 section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja74 7#ab7 ,investigative sampling permit ,the term investigative sampling permit means a permit granted by the ,administrator under section #d7;d77#a74 7#ac7 ,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 or 7,b7 section #aja7ba7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ba774 7#ad7 ,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 abandoned hardrock 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,c7 ,exclusion ,the term remediation does not include any action that requires plugging1 opening1 or otherwise altering the portal or adit of the abandoned hardrock mine site4 7#ae7 ,reservation ,the term reservation has the meaning given the term ,indian country in section #aaea of title #ah1 ,united ,states ,code4 7#af7 ,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 abandoned hardrock 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 abandoned hardrock 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-- 7#a7 except as provided in section #d7n71 reduces any existing liability under ,federal1 ,state1 or local law2 7#b7 except as provided in section #d7n71 releases any person from liability under ,federal1 ,state1 or local law1 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 ,abandoned hardrock 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 abandoned hardrock mine sites in accordance with this ,act4 7#b7 ,oversight of permits ,the ,administrator may oversee a 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 7#c7 ,sunset 7,a7 ,in general ,except as provided in subparagraph 7,b71 the pilot program described in paragraph 7#a7 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 7c7 by not later than #g years after the date of enactment of this ,act4 7,c7 ,effect on certain permits ,any ,good ,samaritan permit granted by the deadline prescribed in subparagraph 7,a7 or 7,b71 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-- 7i7 the terms and conditions of the ,good ,samaritan permit2 and 7ii7 this ,act4 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 abandoned hardrock mine site1 a person shall demonstrate that1 as determined by the ,administrator-- 7,a7 the abandoned hardrock 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 abandoned hardrock 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 abandoned hardrock mine site within the term of the ,good ,samaritan permit2 7,d7 the proposed project poses a low risk to the environment1 as determined by the ,administrator2 7,e7 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,f7 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 abandoned hardrock 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 abandoned hardrock 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 abandoned hardrock mine site 7including the boundaries of the abandoned hardrock 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 abandoned hardrock 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 conditions caused 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 abandoned hardrock mine site2 7,b7 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 7,a72 and 7,c7 any other release or threat of release of historic mine residue that has resulted in an adverse impact to human health or the environment2 7#g7 subject to subsection 7d71 a remediation plan for the abandoned hardrock 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-- 7i7 designed to-- 7,i7 improve or enhance water quality or site-specific soil or sediment quality relevant to the historic mine residue addressed by the remediation plan1 including making measurable progress toward achieving applicable water quality standards2 or 7,,ii7 otherwise protect human health and the environment 7including through the prevention of a release1 discharge1 or threat of release to water1 sediment1 or soil72 and 7ii7 otherwise necessary to carry out an activity described in subclause 7,i7 or 7,,ii7 of clause 7i72 7,c7 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 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 detailed plans for 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 contribute to the remediation of the abandoned hardrock 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 abandoned hardrock mine site2 7#i7 a health and safety plan that is specifically designed for mining remediation work2 7#aj7 a specific contingency plan that-- 7,a7 includes provisions on response and notification to ,federal1 ,state1 ,tribal1 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 adverse weather events or a potential fluid release that may result from addressing pooled water or hydraulic pressure situations71 including the sudden release of historic mine residue2 7#aa7 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#ab7 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#ac7 subject to subsection 7d71 a detailed plan for any required operation and maintenance of any remediation1 including a timeline1 if necessary2 7#ad7 subject to subsection 7d71 a description of any planned post-remediation monitoring1 if necessary2 and 7#ae7 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 ,good ,samaritan to conduct investigative sampling of historic mine residue1 soil1 sediment1 or water to determine-- 7,a7 baseline conditions2 and 7,b7 whether the ,good ,samaritan-- 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 ,number of permits 7,a7 ,limitation ,subject to subparagraph 7,b71 the ,administrator may grant not more than #ae investigative sampling permits4 7,b7 ,applicability to converted permits ,an investigative sampling permit that is not converted to a ,good ,samaritan permit pursuant to paragraph 7#e7 may be eligible for reissuance by the ,administrator subject to the overall total of not more than #ae investigative sampling permits allowed at any #a time described in subparagraph 7,a74 7#c7 ,application ,if a ,good ,samaritan proposes to conduct investigative sampling1 the ,good ,samaritan shall submit to the ,administrator an investigative sampling permit application that contains1 to the satisfaction of the ,administrator-- 7,a7 each description required under paragraphs 7#a71 7#b71 and 7#e7 of subsection 7c72 7,b7 to the extent reasonably known to the applicant1 any previously documented water quality data describing conditions at the abandoned hardrock mine site2 7,c7 the evidence required under subsection 7c77#c72 7,d7 each plan required under paragraphs 7#i7 and 7#aj7 of subsection 7c72 and 7,e7 a detailed plan of the investigative sampling4 7#d7 ,requirements 7,a7 ,in general ,if a person submits an application that proposes only investigative sampling of historic mine residue1 soil1 sediment1 or water that only includes the requirements described in paragraph 7#a71 the ,administrator may grant an investigative sampling permit that authorizes the person only to carry out the plan of investigative sampling of historic mine residue1 soil1 sediment1 or water1 as described in the investigative sampling permit application under paragraph 7#c74 7,b7 ,reprocessing ,an investigative sampling permit-- 7i7 shall not authorize a ,good ,samaritan or cooperating person to conduct any reprocessing of material2 and 7ii7 may authorize metallurgical testing of historic mine residue to determine whether reprocessing under subsection 7f77#d77;,b7 is feasible4 7,c7 ,requirements relating to samples ,in conducting investigative sampling of historic mine residue1 soil1 sediment1 or water1 a ,good ,samaritan shall-- 7i7 collect samples that are representative of the conditions present at the abandoned hardrock mine site that is the subject of the investigative sampling permit2 and 7ii7 retain publicly available records of all sampling events for a period of not less than #c years4 7#e7 ,permit conversion ,not later than #a year after the date on which the investigative sampling under the investigative sampling permit concludes1 a ,good ,samaritan 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 7#f7 ,permit not converted 7,a7 ,in general ,subject to subparagraph 7,b77ii77,i71 a ,good ,samaritan who obtains an investigative sampling permit may decline-- 7i7 to apply to convert the investigative sampling permit into a ,good ,samaritan permit under paragraph 7#e72 and 7ii7 to undertake remediation activities on the site where investigative sampling was conducted on conclusion of investigative sampling4 7,b7 ,effect of lack of conversion 7i7 ,in general ,notwithstanding a refusal by a ,good ,samaritan to convert an investigative sampling permit into a ,good ,samaritan permit under subparagraph 7,a71 but subject to clause 7ii71 the provisions of paragraphs 7#a7 through 7#c7 of subsection 7n7 shall continue to apply to the ,good ,samaritan and any cooperating persons after the refusal to convert4 7ii7 ,degradation of surface water quality 7,i7 ,opportunity to correct ,if1 before the date on which a ,good ,samaritan refuses to convert an investigative sampling permit under subparagraph 7,a71 actions by the ,good ,samaritan or any cooperating person have caused conditions at the abandoned hardrock mine site to be measurably worse1 as determined by the ,administrator1 when compared to conditions described pursuant to paragraph 7#c77;,b71 if applicable1 the ,administrator shall provide the ,good ,samaritan or cooperating person1 as applicable1 the opportunity to return the conditions at the abandoned hardrock mine site to those conditions4 7,,ii7 ,effect ,if1 pursuant to subclause 7,i71 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 7#c77;,b71 if applicable1 as determined by the ,administrator1 clause 7i7 shall not apply to the ,good ,samaritan or any cooperating persons4 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#c74 7,b7 ,public notice and comment ,an application for permit conversion under this paragraph shall be subject to-- 7i7 environmental review and public comment procedures required by subsection 7l72 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 abandoned hardrock 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 7,d7 in the case of a project on land owned by the ,united ,states1 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 agency2 and 7,e7 any other terms and conditions determined to be appropriate by the ,administrator or the ,federal land management agency1 as applicable4 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 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 majeure2 or 7,e7 a public health emergency declared by the ,federal ,government or a global government1 such as a pandemic or an epidemic4 7#c7 ,monitoring 7,a7 ,in general ,the ,good ,samaritan shall take such actions as the ,good ,samaritan permit requires to ensure appropriate baseline conditions monitoring1 monitoring during the remediation project1 and post-remediation monitoring of the environment under paragraphs 7#g7 and 7#ad7 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 ,other development 7,a7 ,no authorization of mining activities ,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 ,reprocessing of materials ,a ,good ,samaritan may reprocess materials recovered during the implementation of a remediation plan only if-- 7i7 the project under the ,good ,samaritan permit is on land owned by the ,united ,states2 7ii7 the applicable ,federal land management agency has signed a decision document under subsection 7l77#b77;,g7 approving reprocessing as part of a remediation plan2 7iii7 the proceeds from the sale or use of the materials are used-- 7,i7 to defray the costs of the remediation2 and 7,,ii7 to the extent required by the ,good ,samaritan permit1 to reimburse the ,administrator or the head of a ,federal land management agency for the purpose of carrying out this ,act2 7iv7 any remaining proceeds are deposited into the appropriate ,good ,samaritan ,mine ,remediation ,fund established by section #e7;a72 and 7v7 the materials only include historic mine residue4 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 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 activity1 project1 or operation4 7g7 ,additional work ,a ,good ,samaritan permit may 7subject to subsection 7r77#e7 in the case of a project located on ,federal land7 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-- 7#a7 to ensure the functionality of completed remediation activities at the abandoned hardrock 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#b77;,a72 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 permit2 7#c7 the ,administrator includes in the transferred permit any additional conditions necessary to meet the goals of this section2 and 7#d7 in the case of a project under the ,good ,samaritan permit on land owned by the ,united ,states1 the head of the applicable ,federal land management agency approves the transfer4 7j7 ,role of administrator and federal land management agencies ,in carrying out this section-- 7#a7 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 in the case of a proposed project on ,state1 ,tribal1 or private land1 provide an opportunity for cooperating persons and the public to participate in the ,good ,samaritan permit process1 including-- 7i7 carrying out environmental review and public comment procedures pursuant to subsection 7l72 and 7ii7 a public hearing1 if requested2 and 7,e7 enforce and otherwise carry out this section2 and 7#b7 the head of an applicable ,federal land management agency shall-- 7,a7 in the case of a proposed project on land owned by the ,united ,states1 provide an opportunity for cooperating persons and the public to participate in the ,good ,samaritan permit process1 including-- 7i7 carrying out environmental review and public comment procedures pursuant to subsection 7l72 and 7ii7 a public hearing1 if requested2 and 7,b7 in coordination with the ,administrator1 enforce ,good ,samaritan permits issued under this section for projects on land owned by the ,united ,states4 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 abandoned hardrock mine site under this section that1 as determined by the ,administrator1 is complete and meets all applicable requirements of subsection 7c71 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 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 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 abandoned hardrock 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 ,environmental review and public comment 7#a7 ,in general ,before the issuance of a ,good ,samaritan permit to carry out a project for the remediation of an abandoned hardrock mine site1 the ,administrator shall ensure that environmental review and public comment procedures are carried out with respect to the proposed project4 7#b7 ,relation to ,,nepa 7,a7 ,major ,federal action ,subject to subparagraph 7,f71 the issuance or modification of a ,good ,samaritan permit by the ,administrator shall be considered a major ,federal action for purposes of section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7,b7 ,lead agency ,the lead agency for purposes of an environmental assessment and public comment under this subsection shall be-- 7i7 in the case of a proposed project on land owned by the ,united ,states that is managed by only #a ,federal land management agency1 the applicable ,federal land management agency2 7ii7 in the case of a proposed project entirely on ,state1 ,tribal1 or private land1 the ,administrator2 7iii7 in the case of a proposed project partially on land owned by the ,united ,states and partially on ,state1 ,tribal1 or private land1 the applicable ,federal land management agency2 and 7iv7 in the case of a proposed project on land owned by the ,united ,states that is managed by more than #a ,federal land management agency1 the ,federal land management agency selected by the ,administrator to be the lead agency1 after consultation with the applicable ,federal land management agencies4 7,c7 ,coordination ,to the maximum extent practicable1 the lead agency described in subparagraph 7,b7 shall coordinate procedures under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with ,state1 ,tribal1 and ,federal cooperating agencies1 as applicable4 7,d7 ,cooperating agency ,in the case of a proposed project on land owned by the ,united ,states1 the ,administrator shall be a cooperating agency for purposes of an environmental assessment and public comment under this subsection4 7,e7 ,single ,,nepa document ,the lead agency described in subparagraph 7,b7 may conduct a single environmental assessment for-- 7i7 the issuance of a ,good ,samaritan permit2 7ii7 any activities authorized by a ,good ,samaritan permit2 and 7iii7 any applicable permits required by the ,secretary of the ,interior or the ,secretary of ,agriculture4 7,f7 ,no significant impact 7i7 ,in general ,a ,good ,samaritan permit may only be issued if1 after an environmental assessment1 the head of the lead agency issues a finding of no significant impact 7as defined in section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e774 7ii7 ,significant impact ,if the head of the lead agency is unable to issue a finding of no significant impact 7as so defined71 the head of the lead agency shall not issue a ,good ,samaritan permit for the proposed project4 7,g7 ,decision document ,an approval or denial of a ,good ,samaritan permit may be issued as a single decision document that is signed by-- 7i7 the ,administrator2 and 7ii7 in the case of a project on land owned by the ,united ,states1 the head of the applicable ,federal land management agency4 7,h7 ,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 of #aifi 7#db ,u4,s4,c4 #dccb74 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 abandoned hardrock 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 abandoned hardrock mine site to protect human 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 activities1 as compared to the baseline conditions described in the permit1 will make measurable progress toward achieving-- 7,i7 applicable water quality standards2 7,,ii7 improved soil quality2 7,,iii7 improved sediment quality2 7,,iv7 other improved environmental or safety conditions2 or 7,v7 reductions in threats to soil1 sediment1 or water 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-- 7,,aa7 establishes the ,administrator or the head of the ,federal land management agency as the beneficiary of the third-party financial assurance mechanism2 and 7,,bb7 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 abandoned hardrock 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 ,states1 pursuant to subsection 7l71 the head of the applicable ,federal land management agency has signed a decision document approving the proposed project2 and 7,d7 the ,administrator or head of the ,federal land management agency1 as applicable1 has provided-- 7i7 environmental review and public comment procedures required by subsection 7l72 and 7ii7 a public hearing under that subsection1 if requested4 7#b7 ,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 7#c7 ,discretionary action ,the issuance of a permit by the ,administrator and the approval of a project by the head of an applicable ,federal land management agency shall be considered to be discretionary actions taken in the public interest4 7n7 ,effect of permits 7#a7 ,in general ,a ,good ,samaritan and any cooperating person undertaking remediation activities identified in1 carried out pursuant to1 and in compliance with1 a covered 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 that ,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 covered permit1 after the termination of the ,good ,samaritan permit1 and after declining to convert an investigative sampling permit into a ,good ,samaritan permit1 as applicable2 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 covered permit1 after the termination of the ,good ,samaritan permit1 and after declining to convert an investigative sampling permit into a ,good ,samaritan permit1 as applicable2 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 ,unauthorized activities 7,a7 ,in general ,any person 7including a ,good ,samaritan or any cooperating person7 that carries out any activity1 including activities relating to mineral exploration1 processing1 beneficiation1 or mining1 including development1 that is not authorized by the applicable covered permit shall be subject to all applicable law4 7,b7 ,liability ,any activity not authorized by a covered 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 or liability for ,good ,samaritans 7,a7 ,in general ,subject to subparagraphs 7,d7 and 7,e71 a ,good ,samaritan or cooperating person that is conducting a remediation activity identified in1 pursuant to1 and in compliance with a covered permit shall not be subject to enforcement or liability described in subparagraph 7,b7 for-- 7i7 any actions undertaken that are authorized by the covered permit2 or 7ii7 any past1 present1 or future releases1 threats of releases1 or discharges of hazardous substances1 pollutants1 or contaminants at or from the abandoned hardrock mine site that is the subject of the covered permit 7including any releases1 threats of releases1 or discharges that occurred prior to the grant of the covered permit74 7,b7 ,enforcement or liability described ,enforcement or liability referred to in subparagraph 7,a7 is enforcement1 civil or criminal penalties1 citizen suits and any liabilities for response costs1 natural resource damage1 or contribution under-- 7i7 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 ,act72 or 7ii7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7,c7 ,duration of applicability ,subparagraph 7,a7 shall apply during the term of the covered permit1 after the termination of the ,good ,samaritan permit1 and after declining to convert an investigative sampling permit into a ,good ,samaritan permit1 as applicable4 7,d7 ,other parties ,nothing in subparagraph 7,a7 limits the liability of any person that is not described in that subparagraph4 7,e7 ,decline in environmental conditions ,notwithstanding subparagraph 7,a71 if a ,good ,samaritan or cooperating person fails to comply with any term1 condition1 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 7in the case of a ,good ,samaritan permit7 or the conditions as described pursuant to subsection 7d77#c77;,b71 if applicable 7in the case of an investigative sampling permit71 at the abandoned hardrock mine site1 the ,administrator shall-- 7i7 notify the ,good ,samaritan or cooperating person1 as applicable1 of the failure to comply2 and 7ii7 require the ,good ,samaritan or the cooperating person1 as applicable1 to undertake reasonable measures1 as determined by the ,administrator1 to return surface water quality or other environmental conditions to those conditions4 7,f7 ,failure to correct ,subparagraph 7,a7 shall not apply to a ,good ,samaritan or cooperating person that fails to take any actions required under subparagraph 7,e77ii7 within a reasonable period of time1 as established by the ,administrator4 7,g7 ,minor or corrected permit violations ,for purposes of this paragraph1 the failure to comply with a term1 condition1 or limitation of a ,good ,samaritan permit or investigative sampling permit shall not be considered a permit violation or noncompliance with that permit if-- 7i7 that failure or noncompliance does not result in a measurable adverse impact1 as determined by the ,administrator1 on water quality or other environmental conditions2 or 7ii7 the ,good ,samaritan or cooperating person complies with subparagraph 7,e77ii74 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 ,samaritan 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 #acbi71 for activities that are eligible for funding under that section2 and 7#b7 section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k771 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 permit4 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 ,act1 a ,good ,samaritan permit1 or an investigative sampling permit limits the liability of any person 7including a ,good ,samaritan or any cooperating person7 under any provision of law4 7r7 ,termination of ,good ,samaritan permit 7#a7 ,in general ,a ,good ,samaritan permit shall terminate1 as applicable-- 7,a7 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 7,b7 if the ,administrator terminates a permit under paragraph 7#d77;,b72 or 7,c7 except as provided in paragraph 7#b7-- 7i7 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 7ii7 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 7,a7 ,in general ,if the ,administrator is otherwise required to terminate a ,good ,samaritan permit under paragraph 7#a77;,c71 the ,administrator may grant an extension of the ,good ,samaritan permit4 7,b7 ,limitation ,any extension granted under subparagraph 7,a7 shall be not more than #ahj days for each extension4 7#c7 ,effect of termination 7,a7 ,in general ,notwithstanding the termination of a ,good ,samaritan permit under paragraph 7#a71 but subject to subparagraph 7,b71 the provisions of paragraphs 7#a7 through 7#c7 of subsection 7n7 shall continue to apply to the ,good ,samaritan and any cooperating persons after the termination1 including to any long-term operations and maintenance pursuant to the agreement under paragraph 7#e74 7,b7 ,degradation of surface water quality 7i7 ,opportunity to return to baseline conditions ,if1 at the time that #a or more of the conditions described in paragraph 7#a7 are met but before the ,good ,samaritan permit is terminated1 actions by the ,good ,samaritan or cooperating person have caused surface water quality at the abandoned hardrock mine site to be measurably worse1 as determined by the ,administrator1 when compared to baseline conditions described in the permit1 the ,administrator shall1 before terminating the ,good ,samaritan permit1 provide the ,good ,samaritan or cooperating person1 as applicable1 the opportunity to return surface water quality to those baseline conditions4 7ii7 ,effect ,if1 pursuant to clause 7i71 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 permit1 as determined by the ,administrator1 subparagraph 7,a7 shall not apply to the ,good ,samaritan or any cooperating persons4 7#d7 ,unforeseen circumstances 7,a7 ,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-- 7i7 significantly reduces the feasibility or significantly increases the cost of completing the remediation project that is the subject of the ,good ,samaritan permit2 7ii7 was not-- 7,i7 reasonably contemplated by the recipient of the ,good ,samaritan permit2 or 7,,ii7 taken into account in the remediation plan of the recipient of the ,good ,samaritan permit2 and 7iii7 is beyond the control of the recipient of the ,good ,samaritan permit1 as determined by the ,administrator4 7,b7 ,termination ,the ,administrator shall terminate a ,good ,samaritan permit if-- 7i7 the recipient of the ,good ,samaritan permit seeks termination of the permit under subparagraph 7,a72 7ii7 the factors described in subparagraph 7,a7 are satisfied2 and 7iii7 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 conditions1 or any other environmental conditions1 that will be worse than the baseline conditions1 as described in the ,good ,samaritan permit1 as applicable4 7#e7 ,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 ,states1 the project may be considered complete and the ,administrator1 in coordination with the applicable ,federal land management agency1 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 the ,administrator1 in consultation with the ,secretary of the ,interior and the ,secretary of ,agriculture1 and appropriate ,state1 ,tribal1 and local officials1 may promulgate any regulations that the ,administrator determines to be necessary to carry out this ,act4 7#b7 ,guidance if no regulations promulgated 7,a7 ,in general ,if the ,administrator does not initiate a regulatory process to promulgate regulations under paragraph 7#a7 within #ahj days after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 and appropriate ,state1 ,tribal1 and local officials1 shall issue guidance establishing specific requirements that the ,administrator determines would facilitate the implementation of this section4 7,b7 ,public comments ,before finalizing any guidance issued under subparagraph 7,a71 the ,administrator shall hold a #cj-;day public comment period4 #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-- 7#a7 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 permit2 and 7#b7 the ,environmental ,protection ,agency4 7b7 ,deposits ,each ,fund shall consist of-- 7#a7 amounts provided in appropriation ,acts2 7#b7 any proceeds from reprocessing deposited under section #d7;f77#d77;,b77iv72 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 and 7#e7 any amounts donated to the ,fund by any person4 7c7 ,unused funds ,amounts in each ,fund not currently needed to carry out this ,act shall be maintained as readily available or on deposit4 7d7 ,retain and use authority ,the ,administrator and 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 #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 interim or final 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 ,december #aa1 #bjbd ,committee on ,natural ,resources discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed