[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7779 Reported in House (RH)]
<DOC>
Union Calendar No. 703
118th CONGRESS
2d Session
H. R. 7779
[Report No. 118-823, Part I]
To promote remediation of abandoned hardrock mines, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2024
Ms. Maloy (for herself, Mrs. Peltola, Mr. Curtis, Ms. Lee of Nevada,
Mr. Fulcher, Mr. Costa, and Mr. Moore of Utah) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committees on Energy and
Commerce, and Natural Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
December 6, 2024
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 6, 2024
Committee on Energy and Commerce discharged
December 6, 2024
Referred to the Committee on Natural Resources, extended for period
ending not later than December 19, 2024
December 11, 2024
Additional sponsors: Ms. Pettersen, Mr. Owens, Mr. Neguse, Mr.
Horsford, Mr. Zinke, Mr. Simpson, Mr. Johnson of South Dakota, Ms.
Schrier, Mr. Amodei, Ms. Titus, Mrs. Boebert, Mr. Crow, Mr. Nehls, Mr.
Bean of Florida, Mr. Crawford, Mr. Graves of Louisiana, Mr. Fong, Mrs.
Sykes, Mr. Stauber, Mrs. Lesko, Mr. Vasquez, Mr. Schiff, Mr. Thompson
of California, Ms. Caraveo, Mr. Crane, Mr. Gallego, Ms. Leger
Fernandez, Mr. Newhouse, Mr. Stanton, and Mr. Thompson of Pennsylvania
December 11, 2024
Committee on Natural Resources discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on March
21, 2024]
_______________________________________________________________________
A BILL
To promote remediation of abandoned hardrock mines, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Remediation of
Abandoned Hardrock Mines Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Abandoned hardrock mine site.--
(A) In general.--The term ``abandoned hardrock mine
site'' means an abandoned or inactive hardrock mine
site and any facility associated with an abandoned or
inactive hardrock mine site--
(i) that was used for the production of a
mineral other than coal conducted on Federal
land under sections 2319 through 2352 of the
Revised Statutes (commonly known as the
``Mining Law of 1872''; 30 U.S.C. 22 et seq.)
or on non-Federal land; and
(ii) for which, based on information
supplied by the Good Samaritan after review of
publicly available data and after review of
other information in the possession of the
Administrator, the Administrator or, in the
case of a site on land owned by the United
States, the Federal land management agency,
determines that no responsible owner or
operator has been identified--
(I) who is potentially liable for,
or has been required to perform or pay
for, environmental remediation
activities under applicable law; and
(II) other than, in the case of a
mine site located on land owned by the
United States, a Federal land
management agency that has not been
involved in mining activity on that
land, except that the approval of a
plan of operations under the hardrock
mining regulations of the applicable
Federal land management agency shall
not be considered involvement in the
mining activity.
(B) Inclusion.--The term ``abandoned hardrock mine
site'' includes a hardrock mine site (including
associated facilities) that was previously the subject
of a completed response action under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) or a similar Federal
and State reclamation or cleanup program, including the
remediation of mine-scarred land under the brownfields
revitalization program under section 104(k) of that Act
(42 U.S.C. 9604(k)).
(C) Exclusions.--The term ``abandoned hardrock mine
site'' does not include a mine site (including
associated facilities)--
(i) in a temporary shutdown or cessation;
(ii) included on the National Priorities
List developed by the President in accordance
with section 105(a)(8)(B) of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B))
or proposed for inclusion on that list;
(iii) that is the subject of a planned or
ongoing response action under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.)
or a similar Federal and State reclamation or
cleanup program;
(iv) that has a responsible owner or
operator; or
(v) that actively mined or processed
minerals after December 11, 1980.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Applicable water quality standards.--The term
``applicable water quality standards'' means the water quality
standards promulgated by the Administrator or adopted by a
State or Indian tribe and approved by the Administrator
pursuant to the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).
(4) Baseline conditions.--The term ``baseline conditions''
means the concentrations, locations, and releases of any
hazardous substances, pollutants, or contaminants, as described
in the Good Samaritan permit, present at an abandoned hardrock
mine site prior to undertaking any action under this Act.
(5) Cooperating person.--
(A) In general.--The term ``cooperating person''
means any person that is named by the Good Samaritan in
the permit application as a cooperating entity.
(B) Exclusions.--The term ``cooperating person''
does not include--
(i) a responsible owner or operator with
respect to the abandoned hardrock mine site
described in the permit application;
(ii) a person that had a role in the
creation of historic mine residue at the
abandoned hardrock mine site described in the
permit application; or
(iii) a Federal agency.
(6) Covered permit.--The term ``covered permit'' means--
(A) a Good Samaritan permit; and
(B) an investigative sampling permit.
(7) Federal land management agency.--The term ``Federal
land management agency'' means any Federal agency authorized by
law or Executive order to exercise jurisdiction, custody, or
control over land owned by the United States.
(8) Good samaritan.--The term ``Good Samaritan'' means a
person that, with respect to historic mine residue, as
determined by the Administrator--
(A) is not a past or current owner or operator of--
(i) the abandoned hardrock mine site at
which the historic mine residue is located; or
(ii) a portion of that abandoned hardrock
mine site;
(B) had no role in the creation of the historic
mine residue; and
(C) is not potentially liable under any Federal,
State, Tribal, or local law for the remediation,
treatment, or control of the historic mine residue.
(9) Good samaritan permit.--The term ``Good Samaritan
permit'' means a permit granted by the Administrator under
section 4(a)(1).
(10) Historic mine residue.--
(A) In general.--The term ``historic mine residue''
means mine residue or any condition at an abandoned
hardrock mine site resulting from hardrock mining
activities.
(B) Inclusions.--The term ``historic mine residue''
includes--
(i) previously mined ores and minerals
other than coal that contribute to acid mine
drainage or other pollution;
(ii) equipment (including materials in
equipment);
(iii) any tailings facilities, heap leach
piles, dump leach piles, waste rock,
overburden, slag piles, or other waste or
material resulting from any extraction,
beneficiation, or other processing activity
that occurred during the active operation of an
abandoned hardrock mine site;
(iv) any acidic or otherwise polluted flow
in surface water or groundwater that originates
from, or is pooled and contained in, an
inactive or abandoned hardrock mine site, such
as underground workings, open pits, in-situ
leaching operations, ponds, or impoundments;
(v) any hazardous substance (as defined in
section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601));
(vi) any pollutant or contaminant (as
defined in section 101 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601)); and
(vii) any pollutant (as defined in section
502 of the Federal Water Pollution Control Act
(33 U.S.C. 1362)).
(11) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in--
(A) section 518(h) of the Federal Water Pollution
Control Act (33 U.S.C. 1377(h)); or
(B) section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601).
(12) Investigative sampling permit.--The term
``investigative sampling permit'' means a permit granted by the
Administrator under section 4(d)(1).
(13) Person.--The term ``person'' means any entity
described in--
(A) section 502(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1362(5)); or
(B) section 101(21) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601(21)).
(14) Remediation.--
(A) In general.--The term ``remediation'' means any
action taken to investigate, characterize, or cleanup,
in whole or in part, a discharge, release, or threat of
release of a hazardous substance, pollutant, or
contaminant into the environment at or from an
abandoned hardrock mine site, or to otherwise protect
and improve human health and the environment.
(B) Inclusion.--The term ``remediation'' includes
any action to remove, treat, or contain historic mine
residue to prevent, minimize, or reduce--
(i) the release or threat of release of a
hazardous substance, pollutant, or contaminant
that would harm human health or the
environment; or
(ii) a migration or discharge of a
hazardous substance, pollutant, or contaminant
that would harm human health or the
environment.
(C) Exclusion.--The term ``remediation'' does not
include any action that requires plugging, opening, or
otherwise altering the portal or adit of the abandoned
hardrock mine site.
(15) Reservation.--The term ``reservation'' has the meaning
given the term ``Indian country'' in section 1151 of title 18,
United States Code.
(16) Responsible owner or operator.--The term ``responsible
owner or operator'' means a person that is--
(A)(i) legally responsible under section 301 of the
Federal Water Pollution Control Act (33 U.S.C. 1311)
for a discharge that originates from an abandoned
hardrock mine site; and
(ii) financially able to comply with each
requirement described in that section; or
(B)(i) a present or past owner or operator or other
person that is liable with respect to a release or
threat of release of a hazardous substance, pollutant,
or contaminant associated with the historic mine
residue at or from an abandoned hardrock mine site
under section 104, 106, 107, or 113 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604, 9606, 9607,
9613); and
(ii) financially able to comply with each
requirement described in those sections, as applicable.
SEC. 3. SCOPE.
Nothing in this Act--
(1) except as provided in section 4(n), reduces any
existing liability under Federal, State, or local law;
(2) except as provided in section 4(n), releases any person
from liability under Federal, State, or local law, except in
compliance with this Act;
(3) authorizes the conduct of any mining or processing
other than the conduct of any processing of previously mined
ores, minerals, wastes, or other materials that is authorized
by a Good Samaritan permit;
(4) imposes liability on the United States or a Federal
land management agency pursuant to section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the
Federal Water Pollution Control Act (33 U.S.C. 1311); or
(5) relieves the United States or any Federal land
management agency from any liability under section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the
Federal Water Pollution Control Act (33 U.S.C. 1311) that
exists apart from any action undertaken pursuant to this Act.
SEC. 4. ABANDONED HARDROCK MINE SITE GOOD SAMARITAN PILOT PROJECT
AUTHORIZATION.
(a) Establishment.--
(1) In general.--The Administrator shall establish a pilot
program under which the Administrator shall grant not more than
15 Good Samaritan permits to carry out projects to remediate
historic mine residue at any portions of abandoned hardrock
mine sites in accordance with this Act.
(2) Oversight of permits.--The Administrator may oversee a
remediation project under paragraph (1), and any action taken
by the applicable Good Samaritan or any cooperating person
under the applicable Good Samaritan permit, for the duration of
the Good Samaritan permit, as the Administrator determines to
be necessary to review the status of the project.
(3) Sunset.--
(A) In general.--Except as provided in subparagraph
(B), the pilot program described in paragraph (1) shall
terminate on the date that is 7 years after the date of
enactment of this Act.
(B) Exception.--Notwithstanding subparagraph (A),
the Administrator may grant a Good Samaritan permit
pursuant to this Act after the date identified in
subparagraph (A) if the application for the Good
Samaritan permit--
(i) was submitted not later than 180 days
before that date; and
(ii) was completed in accordance with
subsection (c) by not later than 7 years after
the date of enactment of this Act.
(C) Effect on certain permits.--Any Good Samaritan
permit granted by the deadline prescribed in
subparagraph (A) or (B), as applicable, that is in
effect on the date that is 7 years after the date of
enactment of this Act shall remain in effect after that
date in accordance with--