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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2741 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2741
To establish within the Environmental Protection Agency the Office of
Mountains, Deserts, and Plains, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 9, 2025
Mr. Kelly (for himself and Ms. Lummis) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To establish within the Environmental Protection Agency the Office of
Mountains, Deserts, and Plains, 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 ``Legacy Mine Cleanup Act of 2025''.
SEC. 2. OFFICE OF MOUNTAINS, DESERTS, AND PLAINS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Energy and Natural Resources
of the Senate;
(C) the Committee on Environment and Public Works
of the Senate;
(D) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(E) the Committee on Indian Affairs of the Senate;
(F) the Committee on Appropriations of the House of
Representatives;
(G) the Committee on Energy and Commerce of the
House of Representatives;
(H) the Committee on Transportation and
Infrastructure of the House of Representatives;
(I) the Committee on Natural Resources of the House
of Representatives; and
(J) the Committee on Oversight and Accountability
of the House of Representatives.
(3) Cleanup action.--The term ``cleanup action'' means 1 or
more actions taken to address contaminated media at a covered
mine site pursuant to 1 or more existing authorities of the
Administrator, including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Good Samaritan Remediation of Abandoned
Hardrock Mines Act of 2024 (30 U.S.C. 1245 note; Public
Law 118-155);
(C) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(D) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
(E) any other existing authority of the
Administrator.
(4) Covered mine site.--The term ``covered mine site''
means Federal, State, Tribal, local, and private land that has
been affected by past hardrock mining activities and water
resources that traverse or are contiguous to such land.
(5) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(6) Navajo nation abandoned uranium mine site.--The term
``Navajo Nation abandoned uranium mine site'' means an
abandoned uranium covered mine site on land of the Navajo
Nation.
(7) Office.--The term ``Office'' means the Office of
Mountains, Deserts, and Plains established by subsection
(b)(1).
(8) Regional office.--The term ``Regional Office'' means a
Regional Office of the Environmental Protection Agency.
(b) Establishment.--
(1) In general.--There is established within the office of
the Environmental Protection Agency that administers solid
waste programs the Office of Mountains, Deserts, and Plains.
(2) Director.--The Office shall be headed by a Director, to
be selected by the Administrator (or a designee).
(c) Purposes.--The purposes of the Office shall be--
(1) to coordinate between the headquarters of the
Environmental Protection Agency, Regional Offices, and
stakeholders on cleanup actions of the Environmental Protection
Agency at a covered mine site, including a covered mine site in
Indian country, in accordance with Federal law;
(2) to establish and disseminate best practices for covered
mine site cleanup actions, including identifying--
(A) innovative technologies and reuse approaches
that support and make progress toward those cleanup
actions; and
(B) waste storage and disposal solutions;
(3) to coordinate among the headquarters of the
Environmental Protection Agency, Regional Offices, Federal land
management agencies, States, Indian Tribes, and voluntary
nongovernmental organizations, watershed groups, nonliable
entities and mining companies, and other entities on voluntary
cleanup actions at covered mine sites, where applicable,
including timely issuance of administrative guidance for
nonliable parties;
(4) to coordinate within the Environmental Protection
Agency and with other Federal agencies to encourage contracting
opportunities for small businesses to participate in cleanup
actions at covered mine sites, consistent with applicable
Federal procurement authorities;
(5) to coordinate with the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of Energy, the
Secretary of Health and Human Services, the Nuclear Regulatory
Commission, and other Federal agencies, as the Administrator
determines to be appropriate, to ensure interagency
coordination of covered mine site cleanup actions, with
priority given to coordinating cleanup actions at covered mine
sites for which there is no potentially responsible party; and
(6) to coordinate other actions as the Administrator
determines to be appropriate, pursuant to existing authorities
of the Administrator--
(A) to support efforts to investigate,
characterize, or clean up a discharge, release, or
threat of release of a hazardous substance, pollutant,
or contaminant into the environment at or from a
covered mine site; or
(B) to establish best practices to protect and
improve human health and the environment and implement
appropriate reuse options, including through the use of
innovative technologies to recover valuable resources
from covered mine site features or areas, as
applicable.
(d) Duties.--The Administrator shall carry out through the Office,
at a minimum, the following duties:
(1) Priority mine list.--
(A) In general.--Annually, the Administrator shall
identify covered mine sites that are prioritized for
cleanup actions, which may include covered mine sites
that are or are not 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)).
(B) Creation of list; reports.--The Administrator
shall annually--
(i) create a list of covered mine sites
identified under subparagraph (A); and
(ii) submit to the appropriate committees
of Congress a report describing--
(I) the methodology used to
identify those covered mine sites under
that subparagraph; and
(II) the status of cleanup actions
carried out at covered mine sites on
the list.
(C) Coordination.--The Administrator shall--
(i) regularly coordinate with Regional
Offices, Federal agencies, States, Indian
Tribes, Alaska Native Corporations, and
stakeholders to update the list of covered mine
sites identified under subparagraph (A); and
(ii) regularly coordinate with Regional
Offices on cleanup actions and share best
practices with respect to each covered mine
site identified under subparagraph (A).
(2) Process improvement.--
(A) In general.--The Administrator shall, pursuant
to existing authorities of the Administrator--
(i) identify best practices for developing,
reviewing, and approving site assessments,
remedial investigations, and feasibility
studies for covered mine sites;
(ii) coordinate research relating to
technologies and cleanup approaches that are
the most successful in limiting the acute and
chronic risks posted to human health and the
environment by covered mine sites; and
(iii) support--
(I) government-to-government
consultations with Indian Tribes
initiated by the Administrator or
another Federal agency with respect to
a covered mine site located within
Indian country; and
(II) efforts to provide regular
updates to the Tribal governments
involved in cleanup actions for a
covered mine site located on Tribal
land under the jurisdiction of the
Indian Tribe.
(B) Tribal consultation.--In supporting
consultations with Indian Tribes under subparagraph
(A)(iii)(I), the Administrator, in addition to existing
applicable law, shall--
(i) as appropriate, invite potentially
responsible parties, including Federal
agencies, to participate in government-to-
government consultations with Indian Tribes;
(ii) as appropriate, consult with Alaska
Native Corporations in accordance with section
161 of division H of the Consolidated
Appropriations Act, 2004 (25 U.S.C. 5301 note;
Public Law 108-199); and
(iii) as appropriate, ensure consultations
with Tribal allottees occur pursuant to section
2 of the Act of February 5, 1948 (62 Stat. 18,
chapter 45; 25 U.S.C. 324).
(3) Interagency plans for uranium contamination on the
navajo nation; reports.--
(A) In general.--Not later than September 30, 2028,
and not less frequently than once every 10 years
thereafter, the Administrator, in cooperation with
other relevant Federal agencies, including, at a
minimum, the Department of Energy, the Nuclear Energy
Regulatory Commission, the Department of the Interior,
the Indian Health Service, and the Agency for Toxic
Substances and Disease Registry, and in consultation
with affected Tribal governments, shall develop a 10-
year interagency plan for the coordination of the
Federal Government with States and Tribal governments
to carry out cleanup actions at Navajo Nation abandoned
uranium mine sites, including--
(i) goals for the assessment of, and
cleanup actions at, Navajo Nation abandoned
uranium mine sites;
(ii) target dates by which goals described
in clause (i) are anticipated to be achieved,
subject to appropriations and funding from
potentially responsible parties;
(iii) the projected appropriations
necessary to achieve goals described in clause
(i) by the target dates described in clause
(ii); and
(iv) the activities to be carried out by
each Federal agency under the plan.
(B) Reports.--Not later than 90 days after the date
on which a plan is developed under subparagraph (A),
the Administrator shall submit to the appropriate
committees of Congress a report describing the
applicable plan.
(4) Administrative and technical assistance.--The
Administrator shall, pursuant to existing authorities of the
Administrator, provide to States, units of local government,
Indian Tribes, and other entities technical assistance with
respect to cleanup actions on covered mine sites.
(e) Savings Provisions.--Nothing in this section--
(1) provides the Administrator with new regulatory
authority not already established in law; or
(2) shall be interpreted as establishing a default standard
or authority to be used for cleanup actions at covered mine
sites, including the definition of ``cleanup action'' in
subsection (a).
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Ordered to be reported with an amendment favorably.
Committee on Environment and Public Works. Reported by Senator Capito with an amendment. Without written report.
Committee on Environment and Public Works. Reported by Senator Capito with an amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 228.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent. (consideration: CR S8245-8248; text: CR S8247-8248)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
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