Locatable Minerals Claim Location and Maintenance Fees Act
TITLE I--MINING CLAIM LOCATION AND MAINTENANCE FEES
(Sec. 102) This bill requires the owner or holder of a claim (claimant), for each unpatented lode mining claim, placer claim, mill site, or tunnel site located under the general mining laws (claim), to pay the Department of the Interior a location fee of $37 at the time the claim location notice is recorded with the Bureau of Land Management (BLM).
A claimant shall also pay Interior a claim maintenance fee of $155 per 20.66-acre claim (or fraction of it) to maintain the claim for the following assessment year. The payment of such fee shall be in lieu of the assessment work requirement contained in the general mining laws and the related filing requirements contained in the Federal Land Policy and Management Act of 1976.
The claim maintenance fee shall be waived for a claimant who certifies in writing that on the date the payment was due the claimant:
Interior shall charge a processing fee of $30 for the filing of such a certification.
Claim maintenance fees shall be suspended for any claims of a claimant for an area that was once open to mineral entry and location that has subsequently been segregated or withdrawn from mineral entry and location by order of Interior or a law enacted after enactment of this bill. The fees shall remain suspended until the area is reopened to mineral entry, or the claimant has submitted a notice or permit to explore or develop his or her claims or is actively mining.
The cost recovery fees required under minerals management regulations, and any substantially similar fee charged for a mining claim validity exam, shall be waived for any claimant with claims in an area that was open to mineral entry and location at the time of claim location that has subsequently been segregated or withdrawn from mineral entry and location by order of Interior or a law enacted after this bill's enactment.
The bill states that timely payment of the location and claim maintenance fees, including payment by a claim holder who qualifies for a fee waiver and complies with the required assessment work, secures the rights of the holder of a mining claim against the federal government, both before and after the discovery of valuable mineral deposits, to use and occupy federal lands under the general mining laws for all mineral activities.
Failure to pay either a claim maintenance fee or a location fee for an unpatented mining claim shall subject the claim to forfeiture, unless within 45 days after receiving a notice of failure double the amount of the unpaid claim maintenance fee is paid.
The fees imposed under this section shall apply from September 1, 2016, to August 31, 2022.
(Sec. 103) All mining claim validity exams shall be completed by Certified Mineral Examiners and reviewed by Certified Review Mineral Examiners.
(Sec. 104) Interior may carry out mining law administration program operations through FY2022.
(Sec. 105) Mineral potential reports for areas withdrawn from mineral entry, and any mining claim validity exams on claims located within those areas, must be completed or prepared by a Certified Mineral Examiner and reviewed by a Certified Review Mineral Examiner.
(Sec. 106) The U.S. Geological Survey shall enter into separate memoranda of understanding to share data to expand the U.S. Mineral Deposit Database with the BLM, the Office of Surface Mining Reclamation and Enforcement, and the Forest Service.
TITLE II--DEPARTMENT OF THE INTERIOR INACTIVE AND ABANDONED NONCOAL MINE LANDS PROGRAM
(Sec. 202) The bill establishes in Interior an Abandoned Noncoal Mine Lands Program to:
In securing and remediating hazards, Interior shall give priority (in the following order of priority) to:
(Sec. 204) Interior, through the BLM, and the Department of Agriculture (USDA), through the Forest Service, shall identify at least 20 priority sites (including nominations from the public) on federal land containing inactive or abandoned mine sites suitable for Good Samaritan projects under title III.
(Sec. 205) The bill authorizes appropriations for the Abandoned Noncoal Mine Lands Program through FY2020.
TITLE III--GOOD SAMARITAN REMEDIATION OF ABANDONED MINE LANDS
Good Samaritan Cleanup of Abandoned Mine Lands Act
(Sec. 303) A Good Samaritan shall be any person that did not participate in any way in the creation of, or activities that caused, any historic mine residue at an inactive or abandoned mine site, and that:
Under the Good Samaritan program a permitting authority (the Environmental Protection Agency [EPA] or, in the case of a state or tribal program, the lead agency) may issue a permit to a Good Samaritan for a project to improve the environment (including water quality) by carrying out remediation at or related to an inactive or abandoned mine site.
A permitting authority shall ensure that remediation carried out under a permit:
A permitting authority may not issue a permit for a project at or related to a mine site included on the National Priorities List developed in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, or a mine site at which the EPA or another federal, state, or tribal agency is taking an environmental enforcement or response action, unless the proposed project:
The bill prescribes a procedure for the processing of an application.
A permitting authority may, upon request, authorize a person to carry out appropriate investigative sampling before submitting a permit application.
Before issuing a permit, a permitting authority shall conduct a public hearing in the vicinity of the proposed project site, giving 30-days' public notice.
A permitting authority shall issue a permit or deny a permit application:
An application shall be considered denied if the permitting authority does not issue a permit or deny the application by the applicable date.
A permitting authority may not issue a permit if:
A permitting authority must ensure that each permit is site- and situation-specific, relying on pre-mining conditions and conditions existing as of its issuance in order to determine appropriate water quality or other environmental benchmarks to achieve in carrying out remediation.
A permitting authority shall require activities authorized by a permit to:
A permitting authority shall require a permittee to take actions necessary to ensure baseline, remedial alternative, and postremediation monitoring of the environment.
A permitting authority may approve in a permit the conduct of project activities by cooperating persons if the cooperative arrangement will accomplish this title's purposes.
Subject to specified limitations, any person authorized by a permit to carry out activities shall:
A permitting authority may:
A permitting authority may also, upon request by a Good Samaritan, and subject to a 30 day public notice and comment period, modify the Good Samaritan's permit to take into account any event or condition that:
Unless the permitting authority has extended the period during which a permit is valid, the authority to carry out activities under a permit shall terminate:
A permit may be transferred only to another Good Samaritan and under other specified conditions.
A permit issued under the Good Samaritan program may not authorize any new mining activities other than those directly related to carrying out remediation at or related to the inactive or abandoned mine site.
(Sec. 304) States or Indian tribes may issue permits under this title if they have in effect a Good Samaritan permit program approved by the EPA.
The EPA shall approve a Good Samaritan permit program unless specified requirements have not been met, including designation of a lead agency.
Upon approval of a state or tribal Good Samaritan permit program, the EPA shall transfer all authority to issue permits for the state or relevant area of Indian country to the designated lead agency.
Approved state or tribal Good Samaritan permit programs shall be administered in accordance with this title, except that nothing in this title precludes a state or Indian tribe from imposing more stringent requirements on permit applicants or permittees.
(Sec. 305) A permitting authority may enforce any violation of this title, with respect to which it has jurisdiction, by:
Any violators of this title shall be subject to a civil penalty of up to $5,000 per day, except where there is knowing conduct, in which case the civil penalty shall be $32,500 per day.
(Sec. 306) Projects authorized under the Good Samaritan permit program shall be eligible for nonpoint source management program grants under the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
(Sec. 307) No EPA action taken pursuant to this title shall be required to comply with requirements for the preparation of an environmental impact statement pursuant to the National Environmental Policy Act of 1969.
(Sec. 308) Any project authorized by a permit under this title shall be considered to satisfy all or part of any offsite mitigation requirement of the permittee, upon approval by the authority imposing such requirement.
(Sec. 309) No state or Indian tribe conducting remediation of an inactive or abandoned mine site pursuant to an approved state or tribal abandoned mine reclamation plan approved under the Surface Mining Control and Reclamation Act of 1977 shall, regarding remediation activities, be required to obtain a permit under the Clean Water Act.
(Sec. 311) No permitting authority may issue a permit under this title seven years after enactment of this title.
The EPA, Interior, and USDA shall enter into an arrangement with the National Academy of Sciences for the Board on Earth Sciences and Resources to study the effectiveness of the permitting activities carried out under this title.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3843 Introduced in House (IH)]
<DOC>
114th CONGRESS
1st Session
H. R. 3843
To authorize for a 7-year period the collection of claim location and
maintenance fees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2015
Mr. Lamborn introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Transportation and Infrastructure and Energy and Commerce, 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
_______________________________________________________________________
A BILL
To authorize for a 7-year period the collection of claim location and
maintenance fees, 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 ``Locatable Minerals Claim Location
and Maintenance Fees Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--MINING CLAIM LOCATION AND MAINTENANCE FEES
Sec. 101. Definitions.
Sec. 102. Claim location and maintenance fees.
Sec. 103. Mining claim validity exams and mineral reports for areas
segregated or withdrawn from mineral entry.
Sec. 104. Authorization of appropriations.
Sec. 105. Mineral potential reports and mining claim validity exams.
Sec. 106. United States mineral deposit database.
TITLE II--DEPARTMENT OF THE INTERIOR INACTIVE AND ABANDONED NONCOAL
MINE LANDS PROGRAM
Sec. 201. Definitions.
Sec. 202. Establishment of inactive and abandoned noncoal mine lands
program.
Sec. 203. Inactive and abandoned mine land program partners.
Sec. 204. Priority sites for Good Samaritan projects on Federal lands.
Sec. 205. Authorization of appropriations.
TITLE III--GOOD SAMARITAN REMEDIATION OF ABANDONED MINE LANDS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Permits for remediation of inactive or abandoned mine lands
by Good Samaritans.
Sec. 304. State or tribal programs.
Sec. 305. Enforcement.
Sec. 306. Grants eligibility.
Sec. 307. Construction of the National Environmental Policy Act of
1969.
Sec. 308. Use of projects to meet offsite mitigation requirements.
Sec. 309. State and tribal reclamation plans under the Surface Mining
Control and Reclamation Act of 1977.
Sec. 310. Savings provisions.
Sec. 311. Sunset.
TITLE I--MINING CLAIM LOCATION AND MAINTENANCE FEES
SEC. 101. DEFINITIONS.
In this title:
(1) Claim.--The term ``claim'' means an unpatented lode
mining claim, placer claim, mill site, or tunnel site located
under the general mining laws.
(2) Claim holder and claimant.--The terms ``claim holder''
and ``claimant'' mean the owner or holder of a claim.
(3) Certified mineral examiner.--The term ``Certified
Mineral Examiner'' means an employee of the Federal Government
who--
(A) possesses sufficient college education to
qualify as a geologist, mining engineer, or
metallurgical engineer; and
(B) has completed training specified by the Chief
Mineral Examiner of the Bureau of Land Management,
Department of the Interior.
(4) Certified review mineral examiner.--The term
``Certified Review Mineral Examiner'' means a Certified Mineral
Examiner who is determined by the Bureau of Land Management
Mineral Examiner Certification Panel to possess an additional
breadth of training and experience that is sufficient to review
mineral potential reports and mining claim validity exam
reports.
(5) Federal lands.--The term ``Federal lands'' means lands
and interests in lands owned by the United States that are open
to mineral entry and location, or that were open to mineral
entry and location at the time of entry or location.
(6) General mining laws.--The term ``general mining laws''
means those Acts that generally comprise chapters 2, 11, 12,
12A, 15, and 16, and sections 161 and 162, of title 30, United
States Code, all Acts that are amendatory of or supplementary
to any of the foregoing Acts, and the judicial and
administrative decisions interpreting such Acts.
(7) Locatable minerals.--The term ``locatable minerals''
means those minerals held by the United States and not subject
to disposition under--
(A) the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(B) the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.);
(C) the Materials Act of 1947 (30 U.S.C. 601 et
seq.); or
(D) the Mineral Leasing Act for Acquired Lands (30
U.S.C. 351 et seq.).
(8) Mineral activities.--The term ``mineral activities''
means any activity on Federal lands under a claim with or
without a discovery, or off of claims, for mineral prospecting,
exploration, development, mining, extraction, milling,
beneficiation, processing, storage of mined or processed
materials, or reclamation activities for any locatable mineral
and uses that are reasonably incident thereto, including the
construction and use of roads, transmission lines, water wells,
pipelines, utility corridors, and other means of access across
Federal lands for ancillary facilities used in conjunction with
such activity.
(9) Mineral potential report.--The term ``mineral potential
report'' means a report described in section 204(c)(2)(12) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1714(c)(2)(12)).
(10) Mining claim validity exam.--The term ``mining claim
validity exam'' means an examination of a mining claim to
determine if it establishes a valid existing right in a
valuable mineral deposit (as that term is used in section 2319
of the Revised Statutes (30 U.S.C. 22)).
(11) Person.--The term ``person'' means an individual,
partnership, association, society, joint venture, joint stock
company, firm, company, limited liability company, corporation,
cooperative, or other organization, and any instrumentality of
State or local government, including any publicly owned utility
or publicly owned corporation of State or local government.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, unless otherwise specified.
(13) United states mineral deposit database project.--The
term ``United States Mineral Deposit Database Project'' means
the interactive database of mines and mineral deposits in the
United States administered by the United States Geological
Survey Mineral Resources Program.
SEC. 102. CLAIM LOCATION AND MAINTENANCE FEES.
(a) Location Fee.--For each claim located after the date of
enactment of this Act, a claimant shall pay the Secretary a location
fee of $37 not later than 90 days after the date of location, at the
time the location notice is recorded with the Bureau of Land
Management.
(b) Annual Claim Maintenance Fee.--Commencing the first calendar
year after the date of enactment of this Act, a claimant shall pay the
Secretary on or before September 1 of each year, a claim maintenance
fee of $155 per 20.66-acre claim or fraction thereof to maintain the
claim for the following assessment year beginning at noon on September
1. Payment of such claim maintenance fee shall be in lieu of the
assessment work requirement contained in the general mining laws and
the related filing requirements contained in subsections (a) and (c) of
section 314 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1744).
(c) Waiver for Holders of 10 or Fewer Claims.--
(1) In general.--The claim maintenance fee required under
this section shall be waived for a claimant who certifies in
writing to the Secretary that on the date the payment was due--
(A) the claimant was--
(i) the holder of not more than 10 lode
claims on Federal lands; or
(ii) an association that held less than or
equal to 320 acres; and
(B) the claimant has performed assessment work
sufficient to maintain the claims held by the claimant
for the assessment year ending on noon of September 1
of the calendar year in which the claim maintenance fee
payment was due.
(2) Holder.--As used in paragraph (1), the term ``holder''
includes--
(A) the claimant;
(B) the spouse and dependent children (as defined
in section 152 of the Internal Revenue Code of 1986),
of the claimant; and
(C) a person affiliated with the claimant,
including--
(i) a person controlled by, controlling, or
under common control with the claimant; and
(ii) a subsidiary or parent company or
corporation of the claimant.
(3) Certification processing fee.--The Secretary shall
charge a certification processing fee of $30 for the filing of
a certification under this subsection.
(d) Suspension of Claim Maintenance and Waiver of Cost Recovery
Fees.--
(1) Claim maintenance fee.--The claim maintenance fees
required under this section shall be suspended for any claims
of a claimant for an area that was open to mineral entry and
location at the time of entry or location that has subsequently
been segregated or withdrawn from mineral entry and location by
order of the Secretary or a law enacted after the date of the
enactment of this Act until such time as the area is reopened
to mineral entry, or the claimant has submitted a notice or
permit to explore or develop their claims or is actively
mining.
(2) Cost recovery fees.--The fees required by part 3000 of
title 43, Code of Federal Regulations, as in effect on the date
of enactment of this Act, and any substantially similar fee
charged for a mining claim validity exam, shall be waived for
any claimant with claims in an area that was open to mineral
entry and location at the time of claim location that has
subsequently been segregated or withdrawn from mineral entry
and location by order of the Secretary or a law enacted after
the date of the enactment of this Act.
(e) Effects of Payment.--
(1) In general.--Timely payment of the location and claim
maintenance fees under this section secures the rights of the
holder of a mining claim against the Federal Government both
prior to and after discovery of valuable mineral deposits, to
use and occupy Federal lands under the provisions of the
general mining laws for all mineral activities. This section
shall not be construed to amend section 910 of the Revised
Statutes (30 U.S.C. 53) or in any way affect the law of
possession or the doctrine of pedis possessio.
(2) Waiver of claim maintenance fee.--In the case of a
claim holder who qualifies for a waiver of payment of the claim
maintenance fee under subsection (c), timely payment of the
location fee and compliance with the assessment work required
under the general mining laws (30 U.S.C. 28-28e) secures the
rights of the holder of a claim, both prior to and after
discovery of valuable mineral deposits, to use and occupy
Federal lands under the provisions of the general mining laws
for all mineral activities.
(f) Forfeiture of Unpatented Claim for Failure To Pay Maintenance
Fee.--
(1) Failure to pay.--Failure to pay a claim maintenance fee
or a location fee under this section for an unpatented mining
claim shall subject the claim to forfeiture by the claim holder
as provided in this subsection.
(2) Notice.--The Secretary of the Interior shall provide
the claim holder--
(A) notice of the failure; and
(B) the opportunity to correct the failure within
45 days after the claim holder's receipt of the notice.
(3) Amount.--To correct the failure the claim holder must,
within such 45-day period, pay twice the amount of claim
maintenance fee that would otherwise have been required to be
timely paid. The Secretary shall specify the amount that must
be paid in the notice under paragraph (2).
(4) Forfeiture.--Failure by the claim holder to make a
timely and proper payment in the amount specified in the
notice, within 45 days after the claim holder's receipt of the
notice, shall constitute a forfeiture of the mining claim by
the claim holder by operation of law.
(g) Effective Period of Fees.--The fees imposed under this section
shall apply during the period beginning September 1, 2016, and ending
August 31, 2022.
SEC. 103. MINING CLAIM VALIDITY EXAMS AND MINERAL REPORTS FOR AREAS
SEGREGATED OR WITHDRAWN FROM MINERAL ENTRY.
All mining claim validity exams shall be completed by Certified
Mineral Examiners and reviewed by Certified Review Mineral Examiners.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of the
Interior to carry out mining law administration program operations
$40,000,000 for each of fiscal years 2016 through 2026.
SEC. 105. MINERAL POTENTIAL REPORTS AND MINING CLAIM VALIDITY EXAMS.
Mineral potential reports for areas withdrawn from mineral entry,
and any mining claim validity exam on claims located within those
areas, must be completed or prepared by a Certified Mineral Examiner
and reviewed by Certified Review Mineral Examiner.
SEC. 106. UNITED STATES MINERAL DEPOSIT DATABASE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of the United States Geological
Survey shall enter into separate memorandum of understanding to share
data for the purpose of expanding and maintaining the United States
Mineral Deposit Database, with each of--
(1) the Director of the Bureau of Land Management;
(2) the Director of the Office of Surface Mining
Reclamation and Enforcement; and
(3) the Chief Forester of the Forest Service.
(b) Funding.--From amounts available for each of fiscal years 2016
through 2022 for operations to administer the mining laws, the
Secretary may use not more than $1,000,000 to support the United States
Mineral Deposit Database of which not more than 5 percent may be used
for overhead expenses.
TITLE II--DEPARTMENT OF THE INTERIOR INACTIVE AND ABANDONED NONCOAL
MINE LANDS PROGRAM
SEC. 201. DEFINITIONS.
In this title:
(1) Environmental hazard.--The term ``environmental
hazard'' means degradation of air, soil, or water resources
resulting from the effects of past mining practices.
(2) Historic mine residue.--The term ``historic mine
residue'' means mine residue, or conditions related to an
inactive or abandoned mine site that pollute the environment,
resulting from prior mining activities, including--
(A) tailings or mine waste piles;
(B) abandoned equipment (or materials in such
equipment); and
(C) acidic or otherwise polluted flows in surface
or ground water.
(3) Inactive and abandoned noncoal mine lands.--The term
``inactive and abandoned noncoal mine lands'' means any
location of a noncoal mine, including mill sites and processing
sites, that was inactive or abandoned before January 1, 1981,
and that--
(A) contains historic mine residue;
(B) is not owned by any person who caused or
contributed to the historic mine residue;
(C) was used for the production of a noncoal
mineral; and
(D) is no longer in operation and is not subject to
a temporary shutdown, as determined by the Secretary.
(4) Physical safety hazard.--The term ``physical safety
hazard'' means any dangerous condition or effect resulting from
past mining practices, that poses a risk of death or serious
injury to the public, livestock, or wildlife.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Water resources.--The term ``water resources'' means
any watershed, ground water, water course, or lake.
SEC. 202. ESTABLISHMENT OF INACTIVE AND ABANDONED NONCOAL MINE LANDS
PROGRAM.
(a) Establishment.--There is established in the Department of the
Interior a program to be known as the Abandoned Noncoal Mine Lands
Program (referred to in this section as the ``Program''). The Program
shall be administered by the Secretary of the Interior acting through
the Director of the Bureau of Land Management.
(b) Description of Program.--Under the Program, the Secretary
shall--
(1) identify, secure, and remediate physical safety hazards
and environmental hazards associated with inactive and
abandoned noncoal mine lands that are located on, or affecting,
Federal public lands, including such hazards on other lands
that are adjacent to such Federal lands;
(2) maintain an inventory of the sites of such inactive and
abandoned noncoal mines, affected Federal public lands, and
other lands that are adjacent to such Federal public lands,
including such sites that have been remediated in whole or in
part, and associated water resources; and
(3) identify the persons, if any, who are responsible for
paying the costs to remediate such hazards.
(c) Priorities.--In securing and remediating hazards under this
title, the Secretary shall give priority (in the following order of
priority) to--
(1) the protection of public health, safety, and general
welfare from the adverse effects of inactive and abandoned
noncoal mine lands; and
(2) the reclamation of land and water resources degraded by
the adverse effects of such mines lands.
SEC. 203. INACTIVE AND ABANDONED MINE LAND PROGRAM PARTNERS.
The Secretary, where appropriate, shall seek out Federal agencies
or departments, State agencies, Indian tribes, nonprofit organizations,
individuals, and corporations to participate as partners, including
partners that are Good Samaritans (as that term is defined in title
III), to facilitate remediation and securing of physical safety or
environmental hazards under this title.
SEC. 204. PRIORITY SITES FOR GOOD SAMARITAN PROJECTS ON FEDERAL LANDS.
(a) Identification Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Interior,
acting through the Director of the Bureau of Land Management, and the
Secretary of Agriculture, acting through the Chief of the Forest
Service, in consultation with other Federal land management agencies,
shall identify a minimum of 20 priority sites on Federal land
containing inactive or abandoned mine sites suitable for Good Samaritan
projects under title III.
(b) Nominations.--In identifying priority sites under subsection
(a), the Secretaries shall accept nominations from the public.
(c) Annual Review.--The Secretaries shall annually review the sites
identified under subsection (a) and identify additional priority sites
as appropriate.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$17,000,000 for each of fiscal years 2016 through 2020.
TITLE III--GOOD SAMARITAN REMEDIATION OF ABANDONED MINE LANDS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Good Samaritan Cleanup of
Abandoned Mine Lands Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Cooperating person.--The term ``cooperating person''
means any person (other than a Federal agency) that--
(A) is a Good Samaritan;
(B) assists another Good Samaritan in a remediation
project; and
(C) is identified as a cooperating person in a
permit issued under this title.
(3) Environmental laws.--The term ``environmental laws''
means--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) and any State law implementing a
permit program under section 402(b) or 404(g) of such
Act; and
(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(4) Federal land management agency.--The term ``Federal
land management agency'' means any agency of the Federal
Government authorized by statute to exercise jurisdiction,
custody, or control over lands of the United States.
(5) Good samaritan.--The term ``Good Samaritan'' means any
person that did not participate in any way in the creation of,
or activities that caused, any historic mine residue at the
inactive or abandoned mine site and that--
(A) has an ownership interest in the inactive or
abandoned mine site, but--
(i) is not liable or potentially liable for
remediation costs related to the historic mine
residue at the inactive or abandoned mine site,
or affiliated with any other person potentially
so liable through any contractual, corporate,
or financial relationship (other than a
contractual, corporate, or financial
relationship that is created by the instruments
by which the ownership interest in the inactive
or abandoned mine site is conveyed or financed
or by a contract for the sale of goods or
services); and
(ii) is not a successor entity to a
business entity that was liable or potentially
liable for such remediation costs;
(B) has an ownership interest in the inactive or
abandoned mine site that was acquired through the
inheritance of a patented mining claim; or
(C) has no ownership interest in the inactive or
abandoned mine site and had no such an interest at any
time during or since the creation of the historic mine
residue at the site.
(6) Historic mine residue.--The term ``historic mine
residue'' means mine residue, or conditions related to an
inactive or abandoned mine site that pollute the environment,
resulting from prior mining activities, including--
(A) tailings or mine waste piles;
(B) abandoned equipment (or materials in such
equipment); and
(C) acidic or otherwise polluted flows in surface
or ground water.
(7) Inactive or abandoned mine site.--The term ``inactive
or abandoned mine site'' means any mine site, including any
mill or processing site, that--
(A) contains historic mine residue;
(B) is not owned by any person who caused or
contributed to the historic mine residue;
(C) was used for the production of a mineral-
bearing ore or coal; and
(D) is no longer in operation and is not subject to
a temporary shutdown, as determined by the permitting
authority.
(8) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(9) Indian tribe.--The term ``Indian tribe'' means an
Indian tribe that--
(A) is federally recognized; or
(B) is an Alaska Native Corporation as defined
under section 1602 of title 43, United States Code.
(10) Lead agency.--The term ``lead agency'' means a State
or tribal agency designated under section 304(c)(1) as the lead
agency responsible for carrying out permitting responsibilities
of the State or Indian tribe under this title.
(11) Offsite mitigation requirement.--The term ``offsite
mitigation requirement'' means a requirement imposed under
another Federal law to improve, enhance, restore, or create a
wetland, stream, or habitat conservation area to offset or
compensate for adverse impacts to similar ecosystems resulting
from the development of a natural resource or other commercial
activity.
(12) Permitting authority.--The term ``permitting
authority'' means the Administrator or, in the case of a State
or tribal program authorized by the Administrator under section
304, the lead agency.
(13) Remediation.--The term ``remediation'' means
activities to clean up or otherwise mitigate the impacts of
historic mine residue.
(14) State.--The term ``State'' means any of the 50 States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, the Commonwealth of the Northern
Marianas, and any other territory or possession over which the
United States has jurisdiction.
SEC. 303. PERMITS FOR REMEDIATION OF INACTIVE OR ABANDONED MINE LANDS
BY GOOD SAMARITANS.
(a) In General.--A permitting authority may issue a permit to a
Good Samaritan to carry out a project in accordance with this section.
(b) Eligible Projects.--
(1) Purpose of project.--
(A) In general.--A permitting authority may issue a
permit under this section for a project to improve the
environment (including water quality) by carrying out
remediation at or related to an inactive or abandoned
mine site.
(B) Water quality.--A permitting authority shall
ensure that remediation carried out pursuant to a
permit issued under this section--
(i) assists in the attainment of applicable
water quality standards to the extent
reasonable and practicable under the
circumstances; and
(ii) does not result in water quality that
is worse than the baseline water condition.
(2) Limitation on eligibility.--A permitting authority may
not issue a permit under this section for a project at or
related to a mine site 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 a mine site at which the Administrator of the
Environmental Protection Agency or another Federal, State, or
tribal agency is taking an environmental enforcement or
response action, unless the permitting authority determines,
after consultation with any other interested agency, that--
(A) the proposed project is not inconsistent, and
will not interfere, with any other planned remediation
at the mine site that is reasonably likely to occur;
and
(B) the proposed project will accelerate
environmental improvements.
(c) Permit Applications.--
(1) Contents.--A permitting authority shall require an
application for a permit under this section to include--
(A) a description of the project site (including
the boundaries of the project site and any degraded
waters related to the project site);
(B) an identification of--
(i) any current owner of the property on
which the project is proposed to be carried
out;
(ii) any person with a legal right to
exclude other persons from the project site or
affect activities on the project site, with a
description of those legal rights;
(iii) for project sites on Federal lands,
the Federal land management agency; and
(iv) based on the conduct of an inquiry
that is reasonable under the circumstances--
(I) all persons that may be legally
responsible for remediation of the
project site; and
(II) any relationship between those
persons and the applicant;
(C) a description of any contractual ties or other
legal relationship between the applicant and all
persons with responsibility for compliance with
environmental laws at the project site;
(D) a general description of the known and
identifiable baseline conditions, including conditions
existing prior to the commencement of mining
activities, as of the date of submission of the
application, of the environment affected by the
historic mine residue to be remediated, including, if
available, any sampling data or information regarding
the extent of contamination;
(E) a description of--
(i) the historic mine residue proposed to
be remediated;
(ii) the nature and scope of the proposed
remediation, including--
(I) any proposed recycling or
reprocessing of the historic mine
residue, how the recycling or
reprocessing relates to the
remediation, and where the recycling or
reprocessing will occur; and
(II) the manner in which the
proposed remediation will mitigate the
drainage from the inactive or abandoned
mine site to improve water quality, if
applicable;
(iii) the remediation alternatives, if any,
considered in developing the proposed
remediation plan for the project site;
(iv) engineering plans for the project;
(v) how any material related to the
inactive or abandoned mine site that is
identified or listed as hazardous waste under
the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) will be disposed of;
(vi) a monitoring program proposed to be
carried out following completion of the
remediation, if applicable, that will be
implemented to evaluate the effects of the
remediation on the environment; and
(vii) the capacity (including technical and
administrative) of the applicant to carry out
the proposed activities and any terms of the
permit for which the application is being
submitted;
(F) a plan for any operation and maintenance
related to the proposed remediation;
(G) a proposed schedule for activities to be
carried out under the project, including an expected
completion date for the remediation;
(H) a budget for the project;
(I) evidence satisfactory to the permitting
authority that the applicant has sufficient financial
resources to ensure that the activities proposed to be
carried out by the applicant, including any operation
and maintenance activities related to the remediation,
will be carried out under the permit;
(J) an identification of any cooperating persons
and a description of activities proposed to be carried
out by such persons;
(K) a description of--
(i) any recognition for excellence in
environmental compliance, reclamation, or
remediation received by the applicant or any
cooperating person identified under
subparagraph (J); and
(ii) the history of any noncompliance with
environmental laws by the applicant or any
cooperating person identified under
subparagraph (J) during the 5-year period
preceding submission of the application; and
(L) if the applicant intends to use the project to
comply with an offsite mitigation requirement, a
reference to the offsite mitigation requirement and any
related permit.
(2) Notice requirements.--
(A) State, local, and tribal communities.--As soon
as practicable after receiving an application under
this section, a permitting authority shall provide
notice of the application, including a copy of the
application, to--
(i) each local government located within a
radius of 20 miles of the project site;
(ii) each Federal, State, and tribal agency
that the permitting authority determines may
have an interest in the application; and
(iii) if the project site lies in the
headwater area of a major drainage basin, local
governments located outside of the 20-mile
radius of the project site that are downstream
of the project site and may be affected by a
discharge resulting from activities carried out
pursuant to the project.
(B) Public notice.--Not later than 30 days after
receiving an application under this section, a
permitting authority shall provide to the public notice
of the application.
(3) Investigative sampling.--
(A) In general.--A permitting authority may, upon
request, authorize a person to carry out investigative
sampling, as determined appropriate by the permitting
authority, prior to submitting an application for a
permit under this section.
(B) Effect of authorization.--An authorization to
carry out investigative sampling under this section
shall, with respect to the authorized activities, have
the same effect as a permit for the purposes of
subsection (g).
(d) Public Participation.--
(1) Hearing.--Prior to issuing a permit under this section,
a permitting authority shall conduct a public hearing in the
vicinity of the proposed project site, and shall give public
notice of the hearing not later than 30 days before the date of
the hearing.
(2) Draft permit.--The permitting authority shall include a
draft permit in the notice of a hearing to be conducted under
this section.
(3) Comments.--The permitting authority shall provide the
applicant and the public with the opportunity to--
(A) comment on the draft permit at the public
hearing; and
(B) submit written comments to the permitting
authority during the 30-day period following the
hearing.
(e) Permit Issuance.--
(1) Deadline.--A permitting authority shall issue a permit
or deny a permit application under this section not later
than--
(A) the date that is 180 days after the date on
which the permitting authority receives a complete
application for the permit, as determined by the
permitting authority; or
(B) such later date as may be determined by the
permitting authority, with the agreement of the
applicant.
(2) Constructive denial.--If the permitting authority does
not issue a permit or deny the permit application by the
applicable date described in paragraph (1), the application
shall be considered to be denied by the permitting authority.
(3) Agency consultation.--
(A) Consultation.--In considering whether to issue
a permit for a project to be carried out on Federal
lands, a permitting authority shall consult with any
applicable Federal land management agency.
(B) Objection.--A permitting authority may not
issue a permit under this section if--
(i) the proposed project site is not a
priority site designated under section 204; and
(ii) the permitting authority receives an
objection to the proposed permit from a Federal
land management agency with jurisdiction over
the project site.
(f) Permit Contents.--
(1) In general.--A permitting authority shall include in a
permit issued under this section--
(A) a description of the activities authorized by
the permit, including a description of any activities
to be carried out by a cooperating person in accordance
with paragraph (5);
(B) a schedule for the activities to be carried out
under the project, in accordance with paragraph (3),
including an end date by which the permittee shall
complete the permitted activities;
(C) conditions requiring the permittee to--
(i) secure, for all activities authorized
under the permit, all authorizations, licenses,
and permits required under law;
(ii) establish and maintain records,
conduct monitoring (as described in paragraph
(4)), and provide such other information as may
be reasonably necessary to ensure the project
will result in improvement to the environment;
and
(iii) minimize any short-term adverse
environmental impacts from the remediation, to
the extent practicable;
(D) a right of entry to the project site for the
permitting authority to inspect and collect such
information as is reasonably necessary to carry out
this title;
(E) if the project to be carried out under the
permit will be used by the permittee to comply with an
offsite mitigation requirement, a reference to the
offsite mitigation requirement and any related permit;
and
(F) any other terms and conditions determined
appropriate by the permitting authority.
(2) Benchmarks.--A permitting authority shall ensure that a
permit issued under this section is site- and situation-
specific, relying on pre-mining conditions and conditions
existing as of the date of issuance of the permit to determine
appropriate water quality or other environmental benchmarks to
achieve in carrying out remediation under the permit.
(3) Timing.--A permitting authority shall require
activities authorized by a permit issued under this section
to--
(A) commence not later than the date that is 1 year
after the date on which the permit is issued; and
(B) continue until completed, with temporary
suspensions permitted during adverse weather or other
circumstances, as approved by the permitting authority.
(4) Monitoring.--
(A) In general.--A permitting authority shall
require a permittee to take such actions as the
permitting authority determines are necessary to
ensure, where appropriate, baseline, remedial
alternative, and postremediation monitoring of the
environment.
(B) Administration.--In selecting the type and
frequency of monitoring requirements to be included in
a permit under this paragraph, the permitting authority
shall--
(i) balance the utility of information
obtained through monitoring against the cost of
the monitoring, based on the circumstances
relating to the project; and
(ii) take into account the scope of the
project.
(5) Cooperative activities.--A permitting authority may
approve in a permit the conduct of project activities by
cooperating persons if, as determined by the permitting
authority, the cooperative arrangement will effectively
accomplish the purposes of this title.
(g) Effect of Permit.--
(1) In general.--A person authorized by a permit issued
under this section to carry out activities--
(A) shall be deemed to be in compliance with
environmental laws with respect to such activities; and
(B) shall not be liable under environmental laws
with respect to such activities, including for any
costs or damages deriving from the prior activities of
others at the project site.
(2) Limitation.--Paragraph (1) shall not apply if--
(A) the person impedes or fails to facilitate a
response action, remediation, or other natural resource
restoration activity at the project site;
(B) the person exacerbates the pollution from
historic mine residue as a result of gross negligence
or intentional misconduct, in which case the person may
be liable under environmental laws for costs or damages
resulting from such gross negligence or intentional
misconduct; or
(C) information supplied to the permitting
authority in the permit application is subsequently
determined to contain a dishonest, fraudulent, or
materially misleading statement or omission, in which
case the permit shall be deemed to have been invalid
beginning on the date the permit was issued, and shall
have no force or effect.
(h) Administration of Permits.--
(1) Modification or termination of permits.--
(A) Authority.--A permitting authority may--
(i) extend the period during which a permit
is valid under procedures established for such
purpose by the permitting authority; and
(ii) modify or terminate a permit for
cause, including misrepresentation or a
violation of a permit.
(B) Termination.--Unless the permitting authority
has extended the period during which a permit is valid,
the authority to carry out activities under a permit
issued under this section shall terminate--
(i) if the activities do not commence by
the date that is 1 year after the date on which
the permit is issued;
(ii) if the activities are discontinued or
not completed by the end date specified in the
permit; or
(iii) on any other grounds determined
appropriate by the permitting authority.
(2) Transfer of permits.--A permit may be transferred to
another person only if--
(A) the appropriate permitting authority determines
that the transferee will satisfy all of the
requirements of the permit;
(B) the transferee is a Good Samaritan;
(C) the transferee accepts all of the requirements
of the permit;
(D) the permitting authority includes in the
transferred permit any additional or modified
conditions determined to be appropriate by the
permitting authority; and
(E) any Federal, State, or tribal land management
agency with jurisdiction over the project site is
notified of the proposed transfer and does not object
to the permitting authority before the date that is 30
days before the proposed transfer is to take effect.
(3) Maintenance of records.--A permitting authority shall
maintain all records relating to permits and the permit process
under this section.
(i) Other Activities.--A permit issued under this section may not
authorize any new mining activities other than those activities
directly related to carrying out remediation at or related to the
inactive or abandoned mine site.
SEC. 304. STATE OR TRIBAL PROGRAMS.
(a) In General.--A State or Indian tribe may issue a permit under
this title if the State or Indian tribe has in effect a Good Samaritan
permit program approved by the Administrator under this section.
(b) Application.--
(1) Submission.--The Governor of any State or the head of
an Indian tribe's governing body may submit to the
Administrator an application to carry out a Good Samaritan
permit program within its jurisdiction at any time.
(2) Contents.--An application under this section shall
include--
(A) a full and complete description of the Good
Samaritan permit program it proposes to administer
under State or tribal law; and
(B) a statement from the State Attorney General,
or, for an Indian tribe, the equivalent official
authorized to represent the tribe in court pertaining
to the application, that the laws of the State or
Indian tribe provide sufficient legal authority to
carry out the described program.
(3) Approval.--Not later than 120 days after receiving an
application submitted under this subsection, the Administrator
shall approve the Good Samaritan permit program unless the
Administrator determines that the requirements of this section
are not met.
(c) Requirements.--To meet the requirements of this section, a
State or Indian tribe shall--
(1) designate a lead agency that is responsible for
carrying out permitting responsibilities under this section;
and
(2) have in effect laws providing sufficient legal
authority to carry out a Good Samaritan permit program in
accordance with this title.
(d) Delegation of Authority.--Upon approval of a State or tribal
Good Samaritan permit program under this section, the Administrator
shall transfer all authority to issue permits under this title for the
State or relevant area of Indian country to the lead agency designated
under subsection (c)(1).
(e) Administration.--A State or tribal Good Samaritan permit
program approved under this section shall be administered in accordance
with this title, except that nothing in this title precludes a State or
Indian tribe from imposing more stringent requirements on permit
applicants or permittees.
SEC. 305. ENFORCEMENT.
(a) In General.--A permitting authority may enforce any violation
of this title, with respect to which the permitting authority has
jurisdiction, by--
(1) issuing an order to comply with the violated provision;
or
(2) commencing a civil action for appropriate relief,
including a permanent or temporary injunction.
(b) Minimum Requirement.--In the event of a permit violation, and
absent extraordinary circumstances, the court shall, at a minimum,
require the person to repair, to the extent practicable, the damage to
any part of the environment caused by an action of the person in
violation of the permit.
(c) Civil Penalty.--Any person who violates this title shall be
subject to a civil penalty of up to $5,000 for each day of the
violation (except in cases of knowing conduct, in which case the civil
penalty shall be $32,500 for each day of the violation).
SEC. 306. GRANTS ELIGIBILITY.
A project authorized by a permit issued under this title is
eligible for funding pursuant to section 319 of the Federal Water
Pollution Control Act (33 U.S.C. 1329).
SEC. 307. CONSTRUCTION OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF
1969.
No action of the Administrator taken pursuant to this title shall
be required to comply with section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332).
SEC. 308. USE OF PROJECTS TO MEET OFFSITE MITIGATION REQUIREMENTS.
A project authorized by a permit issued under this title shall be
considered to satisfy all or part of any offsite mitigation requirement
of the permittee, upon approval by the authority imposing the offsite
mitigation requirement.
SEC. 309. STATE AND TRIBAL RECLAMATION PLANS UNDER THE SURFACE MINING
CONTROL AND RECLAMATION ACT OF 1977.
No State or Indian tribe conducting remediation of an inactive or
abandoned mine site pursuant to an approved State or tribal abandoned
mine reclamation plan approved under title IV of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) shall,
with respect to the remediation activities, be required to obtain a
permit under the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
SEC. 310. SAVINGS PROVISIONS.
(a) Emergency Authority.--Nothing in this title affects the
authority of a Federal, State, tribal, or local agency to carry out any
emergency authority, including an emergency authority under
environmental laws.
(b) Liability Under Other Laws.--Except as provided in section
303(g), nothing in this title or a permit issued under this title
limits the liability of any person under any other provision of law.
SEC. 311. SUNSET.
(a) In General.--No permitting authority may issue a permit under
this title after the date that is 7 years after the date of enactment
of this title.
(b) Study; Report.--
(1) Study.--Not earlier than 5 years after the date of
enactment of this title, the Administrator, the Secretary of
the Interior, and the Secretary of Agriculture, in consultation
with the Interstate Mining Compact Commission, shall enter into
an arrangement with the National Academy of Sciences, for
execution by the Board on Earth Sciences and Resources, to
conduct a detailed, comprehensive study of the effectiveness of
the permitting activities carried out under this title.
(2) Report.--Not later than 7 years after the date of
enactment of this title, the Board on Earth Sciences and
Resources shall submit to Congress, the appropriate Federal
agencies, and the Governors of each of the States represented
by the Interstate Mining Compact Commission a report
containing--
(A) the results of the study conducted under
paragraph (1); and
(B) any recommendations regarding whether the
permitting activities carried out under this title
should be reauthorized and, if so, any changes that
should be made to improve the effectiveness of the
activities.
(3) Funding.--From the funds collected as claim location
fees and maintenance fees under section 102, the Secretary of
the Interior shall provide to the National Academy of Sciences
such funds as it requests, not to exceed $2,000,000, for the
purpose of conducting the study required under this section.
<all>
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Environment and the Economy.
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Subcommittee Hearings Held.
Subcommittee on Energy and Mineral Resources Discharged.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 114-717, Part I.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 114-717, Part I.
Committee on Transportation discharged.
Committee on Transportation discharged.
Committee on Energy and Commerce discharged.
Committee on Energy and Commerce discharged.
Placed on the Union Calendar, Calendar No. 556.