109th CONGRESS
1st Session
H. R. 1266
To facilitate the reclamation of abandoned hardrock mines, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 10, 2005
Mr. UDALL of Colorado (for himself and Mr. SALAZAR) introduced the following
bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To facilitate the reclamation 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, FINDINGS, AND PURPOSE.
(a) Short Title- This Act may be cited as the `Abandoned Hardrock Mines Reclamation
Facilitation Act'.
(b) Findings- The Congress finds the following:
(1) Through various laws and policies, including the Act of May 10, 1872
(commonly known as the General Mining Law of 1872; 30 U.S.C. 22 et seq.),
the Federal Government has encouraged the development of gold, silver, and
other mineral resources, especially in the western States, and development
of these resources has helped create a strong economy and provided needed
materials for many critical products and services.
(2) However, historically mining activities have occurred in recurrent cycles
of `boom' followed by `bust', with many mines left inactive or abandoned
at the end of each cycle.
(3) As a result of this history, the United States has been left an unwelcome
legacy of inactive or abandoned mines, including thousands of such mines
in the western States.
(4) Many of these inactive or abandoned mines pose safety hazards to the
public, and the drainage and runoff from such mines has damaged thousands
of stream miles to the detriment of water quality, particularly in several
western States.
(5) The environmental cleanup of these inactive or abandoned mines is hampered
by the fact that in many cases, a responsible party for the mine site cannot
be identified or lacks the economic resources to respond to the adverse
environmental effects of a site, while other parties have been reluctant
to undertake remedial actions because of the possibility that they would
be considered to have assumed liability with regard to the site.
(6) It is in the national interest to facilitate the cleanup of inactive
or abandoned mines through appropriate legislation that reduces this obstacle.
(c) Purpose- The purpose of this Act is to facilitate cleanup of inactive
and abandoned mine sites by limiting the potential liability of parties undertaking
to carry out such cleanup.
(d) Scope- Nothing in this Act is intended to facilitate new mining activities
or any reduction in liability associated with any current or new mining or
processing activities.
SEC. 2. ABANDONED OR INACTIVE MINED LAND WASTE REMEDIATION PERMITS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is
amended by adding at the end the following:
`(r) Abandoned or Inactive Mined Land Waste Remediation Permits-
`(1) DEFINITIONS- In this subsection, the following definitions apply:
`(A) IDENTIFIABLE OWNER OR OPERATOR- The term `identifiable owner or operator'
means a person or entity--
`(i) that is the current owner or operator or that is or was responsible
for the activities at abandoned or inactive mined land that created
conditions that cause or contribute to the discharge of pollutants from
the abandoned or inactive mined land; and
`(ii) that is financially capable of compliance with requirements of
this section and sections 301 and 302.
`(B) PERMIT- The term `permit' means an abandoned or inactive mined land
waste remediation permit described under paragraph (2).
`(C) REMEDIATING PARTY- The term `remediating party' means--
`(i) the United States, except with respect to abandoned or inactive
mined land located on Federal land;
`(ii) a State or political subdivision thereof; or
`(D) COOPERATING PARTY- The term `cooperating party' means any person
or entity, including the Federal Government with respect to abandoned
or inactive mined land located on non-Federal land, that implements the
practices described in paragraph (3)(B)(viii).
`(A) IN GENERAL- The Administrator, with the concurrence of the State
in which an abandoned or inactive mine remediation project is proposed
or the Indian tribe which owns or has jurisdiction over the land on which
a remediation project is proposed, may issue an abandoned or inactive
mined land waste remediation permit to a remediating party for discharges
associated with remediation activity at any eligible area under this subsection,
that modifies the otherwise applicable requirements of any other subsection
of this section and of sections 301 and 302.
`(B) DELEGATION- The Administrator may delegate the authority for issuance
of abandoned or inactive mined land waste reclamation permits for discharges
associated with remediation activities at any eligible area under this
subsection to a State that is exercising delegated authority under this
section.
`(A) SCOPE- A remediating party may apply for a permit for remediation
activities at abandoned or inactive mined land from which there is or
may be a discharge of pollutants to waters of the United States.
`(B) REMEDIATION PLAN- A remediating party that seeks a permit shall submit
an application for the permit that includes a remediation plan that--
`(i) identifies the remediating party and any cooperating party with
respect to the plan;
`(ii) identifies the abandoned or inactive mined land addressed by the
plan, including a verification that the land is eligible under this
Act;
`(iii) identifies the waters of the United States affected by past mining
activities at the abandoned or inactive mined land;
`(iv) describes the baseline condition of the waters at the time of
the permit application (including the nature and extent of any adverse
water quality impact and, as applicable, the levels of any pollutant
causing the impact);
`(v) describes the conditions at the abandoned or inactive mined land
that are causing adverse water quality impacts;
`(vi) describes the applicant's reasonable efforts to identify--
`(I) current owners, lessees, and claimants of the abandoned or inactive
mined land addressed by the plan; and
`(II) other persons, including mine operators, if any, whose activities
at the abandoned or inactive mined land after October 18, 1972, created
conditions that cause or contribute to the discharge of pollutants
from the abandoned or inactive mined land;
`(vii) describes the remediation goals and objectives, including the
pollutant or pollutants to be addressed by the plan, including actions
taken to meet the applicable water quality standards to the maximum
extent practicable, but in no circumstances worse than the baseline
water condition as described pursuant to clause (iv);
`(viii) describes the practices, including a schedule and estimated
completion date for implementing the practices, that are proposed to
meet the applicable water quality standards to the maximum extent practicable,
but in no circumstances worse than the baseline water quality as determined
under clause (iv), including--
`(I) in the case of a new remediation project, the preliminary system
design and construction, operation, and maintenance plans; and
`(II) in the case of an existing remediation project, available system
design and construction, operation, and maintenance plans and any
planned improvements to the projects;
`(ix) explains how the practices described in clause (viii) are expected
to result in the attainment of applicable water quality standards to
the maximum extent practicable, but in no circumstances worse than the
baseline water quality as determined under clause (iv);
`(x) describes the monitoring or other forms of assessment that will
be undertaken to evaluate the success of the practices during and after
implementation, relative to baseline conditions;
`(xi) describes contingency plans, including the practices to be implemented
to achieve the remediation goals and objectives described in clause
(vii), for responding to unplanned adverse events;
`(xii) provides a schedule for periodic reporting on progress in implementing
the plan;
`(xiii) provides a budget for the plan and identifies the funding sources
that will support the implementation of the plan, including practices
described in clauses (viii), (x), and (xi);
`(xiv) describes the applicant's legal authority to enter and conduct
activities at the abandoned or inactive mined land addressed by the
plan;
`(xv) demonstrates that there is a covenant obligating future landowners
to operate and maintain the property so that all environmental benefits
of the project authorized by the permit will be fully realized;
`(xvi) contains any other additional information requested by the Administrator
to clarify the plan and the activities covered by the plan; and
`(xvii) is signed by the applicant.
`(C) REVIEW OF APPLICATION-
`(i) The Administrator or the delegated State shall--
`(I) review each application for an abandoned or inactive mined land
waste remediation permit;
`(II) provide to the public notice of and reasonable opportunity to
comment on the application;
`(III) provide an opportunity for a public hearing on the application;
and
`(IV) determine whether the application meets the requirements of
subparagraph (B).
`(ii) If the Administrator or the delegated State determines that an
application does not meet the requirements of subparagraph (B), the
Administrator or the delegated State shall--
`(I) notify the applicant that the application is disapproved and
explain the reasons for the disapproval; and
`(II) allow the applicant to submit a revised application.
`(iii) If the Administrator or the delegated State determines that an
application meets the requirements of subparagraph (B), the Administrator
or the delegated State shall notify the applicant that the application
is accepted.
`(i) After notice and opportunity for public comment on a permit proposed
to be issued, including any additional requirements that the Administrator
or the delegated State determines would facilitate implementation of
this subsection, the Administrator or the delegated State may issue
an abandoned or inactive mined land waste remediation permit to the
applicant if the Administrator or the delegated State determines that--
`(I) relative to the resources available to the remediating party
for the proposed remediation activity, the remediating party has made
a reasonable effort to identify persons under subparagraph (B)(vi);
`(II) no identifiable owner or operator exists, except a permit can
be issued on Federal land where the only identifiable owner or operator
is the Federal Government; and
`(III) the remediation plan demonstrates with reasonable certainty
that the implementation of the plan will meet applicable water quality
standards to the maximum extent practicable, but in no circumstances
worse than the baseline water condition as described pursuant to subparagraph
(B)(iv), taking into consideration the resources available to the
remediating party for the proposed remediation activity.
`(ii) If the Administrator or the delegated State decides not to issue
an abandoned or inactive mined land waste remediation permit to the
applicant, the Administrator shall notify the applicant of the reasons
for not issuing the permit.
`(i) Not later than 120 days after the receipt of a written request
by a permittee, the Administrator or the delegated State shall approve
or disapprove a modification of a permit.
`(ii) A permit modification approved by the Administrator or the delegated
State under this subsection shall be--
`(I) by agreement of the permittee and the Administrator or the delegated
State;
`(II) after providing the public notice of, and opportunity for comment
and a hearing on, a proposed modification of a permit;
`(III) in accordance with the standards in subparagraph (D)(i)(III);
and
`(IV) immediately reflected in and applicable to the remediation permit.
`(A) IN GENERAL- A permit--
`(i) shall include a remediation plan approved by the Administrator
or the delegated State and any additional requirements that the Administrator
or the delegated State establishes under paragraph (9); and
`(ii) shall provide for compliance with and implementation of the remediation
plan and any other requirements described under clause (i).
`(B) REVIEW- A permit shall establish a schedule for review, by the Administrator
or the delegated State, of compliance with the conditions and limitations
of the permit. The Administration or the delegated State shall inspect
each site subject to a remediation permit at least annually.
`(C) COMPLIANCE WITH OTHER LIMITATIONS- A permit shall require the remediating
party to comply with any applicable provisions of this subsection and
other subsections of this section and with sections 301 or 302 to the
maximum extent practicable in a manner specified in the permit.
`(5) FAILURE TO COMPLY- Failure of a remediating party operating under an
approved permit to comply with any condition or limit of the permit related
to water quality shall be considered a violation subject to enforcement
pursuant to sections 309 and 505 of this Act.
`(A) IN GENERAL- The Administrator or the delegated State shall terminate
a permit if--
`(i) the remediating party successfully completes the implementation
of the remediation plan; or
`(ii) the discharges covered by the permit--
`(I) become subject to a permit issued under the other subsections
of this section for development that is not part of the implementation
of the remediation plan; and
`(II) the remediating party seeking termination of coverage, and any
party cooperating with the remediating party with respect to the plan,
is not a participant in the development.
`(B) UNFORESEEN CONDITION- The Administrator or the delegated State shall
terminate a permit if--
`(i) an event or condition is encountered that was not contemplated
or designed for by the remediation plan and is beyond the control of
the remediating party; and
`(ii) the Administrator or the delegated State determines that remediation
activities under the permit have resulted in surface water quality conditions,
taken as a whole and with reference to the designated uses of the waters,
that are not worse than the baseline water condition as described pursuant
to paragraph (3)(B)(iv).
`(C) NO ENFORCEMENT LIABILITY-
`(i) Subject to clause (ii), if a permit is terminated under subparagraph
(A) or (B), the remediating party, or a cooperating party with respect
to the plan, shall not be subject to enforcement under section 309 or
505 for any remaining discharges from the abandoned or inactive mined
land described in the permit.
`(ii) This subparagraph does not limit any liability of any person,
other than the remediating party or a cooperating party.
`(A) EMERGENCY POWERS- Nothing in this subsection limits the authority
of the Administrator under section 504.
`(i) Nothing in this subsection precludes actions under section 309
or 505 or affects the relief available in actions under those sections,
with respect to violations of this section, or sections 301(a) or 302,
that occurred prior to the issuance of a permit under this subsection.
`(ii) If a permit covers remediation activities implemented by the permit
holder prior to the issuance of the permit, clause (i) shall not apply
to an action that is based on conditions resulting from those remediation
activities.
`(C) OBLIGATION OF STATES AND INDIAN TRIBES- Except as expressly provided,
nothing in this subsection limits any obligation of a State or Indian
tribe under section 303.
`(D) OTHER DEVELOPMENT- Any development of abandoned or inactive mined
land (including mineral exploration, processing, beneficiation, or mining),
including development by a remediating party or any cooperating party
with respect to the plan, not specifically described in a permit issued
by the Administrator or the delegated State under this subsection shall
be subject to this Act (other than this subsection). The commingling of
any other discharges or waters with the discharges or waters subject to
the remediation permit cannot limit or reduce the liability of persons
associated with the other waters or discharges.
`(E) RECOVERABLE VALUE- A remediating party may sell or use materials
recovered during the implementation of the plan, but the proceeds of any
such sale must be used to defray the costs of remediation of the site
addressed in the permit or the costs of remediation of other abandoned
or inactive sites used for mining hardrock minerals.
`(F) STATE CERTIFICATION- In so far as this subsection may relate to water
quality standards, section 401 certification shall not apply to permits
under this section; except that, in any case in which section 401 certification
would otherwise be required, no permit shall be issued under this subsection
without the concurrence of the State in which the discharge is located.
`(8) LIABILITY OF OTHER PARTIES- Nothing in this subsection, including any
result caused by any action taken by the remediating party or a cooperating
party, limits the liability of any person other than the remediating party
or a cooperating party, under this Act or any other law.
`(A) IN GENERAL- Except as provided in subparagraph (B), not later than
1 year after the date of enactment of this subsection, the Administrator,
in consultation with Secretary of the Interior and the Secretary of Agriculture
and State, tribal, and local officials and after providing the public
with notice of, and opportunity for comment and a hearing on, regulations
proposed to be promulgated, shall promulgate regulations establishing
generally applicable requirements for--
`(i) remediation plans described in paragraph (3)(B); and
`(ii) as considered to be necessary by the Administrator, other paragraphs
of this subsection.
`(B) SPECIFIC REQUIREMENTS BEFORE PROMULGATION OF REGULATIONS- Before
promulgation of regulation pursuant to subparagraph (A), the Administrator
may establish, on a case-by-case basis, after notice and opportunity for
public comment, specific requirements that the Administrator determines
would facilitate implementation of this subsection in an individual permit
issued to the remediating party.
`(A) ELIGIBILITY FOR SECTION 319 GRANTS- Implementation of a remediation
plan under a permit issued under this subsection shall be eligible for
grants under section 319(h).
`(B) OTHER GRANT FOR IMPLEMENTATION OF REMEDIATION PLANS- Subject to the
availability of appropriated funds, the Administrator also may make a
grant, without regard to any requirements in section 319(h) concerning
the availability of State or other matching funds, to any remediating
party for implementation of a remediation plan under a permit issued under
this subsection.
`(A) IN GENERAL- Not later than 1 year before the date of the termination
of permitting authority specified in paragraph (12), the Administrator
shall submit to Congress a report on the activities authorized by this
subsection.
`(B) CONTENTS- The report required under subparagraph (A), at a minimum,
shall--
`(i) identify each permit, and associated remediating party, issued
under this subsection;
`(ii) identify the abandoned or inactive mine land addressed by each
permit (including the waterbodies and baseline water quality of the
waterbodies affected by the land);
`(iii) summarize the remediation plan associated with each permit issued
under this subsection, including--
`(I) the goals and objectives of the plan;
`(II) the plan budget; and
`(III) the practices to be employed according to the plan to reduce,
control, mitigate, or eliminate adverse water quality impacts;
`(iv) identify the status of the implementation of each remediation
plan associated with each permit issued under this subsection (including
specific progress that permitted remediation activities have made
toward achieving the goals and objectives of the remediation plan);
`(v) identify and describe any enforcement action taken by the Administrator
or any civil action brought by a citizen concerning a permit issued
under this section (including the disposition of the legal action);
and
`(vi) include recommendations by the Administrator for any modifications
to this subsection, or the regulations promulgated under paragraph
(9) to implement this subsection, that would facilitate the improvement
of water quality through the remediation of abandoned or inactive
mined land.
`(12) TERMINATION OF PERMITTING AUTHORITY- The authority granted to the
Administrator or the delegated State under this subsection to issue an abandoned
or inactive mined land waste remediation permit terminates on the date that
is 10 years after the date of enactment of this subsection.
`(A) SITES- Permits under this subsection shall be issued only for reclamation
of lands and waters--
`(i) located in States that include lands subject to the general mining
laws;
`(ii) that were but are no longer actively mined for hardrock minerals
(and not in temporary shutdown) as of the date of enactment of this
subsection;
`(iii) that are not identified for remedial action under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) and for which there is no identifiable owner or
operator for the mine or mine facilities;
`(iv) that are not designated for remedial action pursuant to the Uranium
Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.);
and
`(v) for which no evidence exists that the lands contain minerals which
could economically be extracted through the mining, reprocessing, or
remining of such lands.
`(B) DEFINITIONS- In this paragraph, the following definitions apply:
`(i) The term `hardrock minerals' means any mineral other than a mineral
that would be subject to any of the following if located on land subject
to the general mining laws:
`(I) The Mineral Leasing Act (30 U.S.C. 181 et seq.).
`(II) The Geothermal Steam Act of 1970 (30 U.S.C. 100 et seq.).
`(III) The Act of July 31, 1947, commonly known as the Materials Act
of 1947 (30 U.S.C. 601 et seq.).
`(IV) The Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et
seq.).
`(ii) The term `general mining laws' means those provisions of law that
generally comprise chapters 2, 12A, and 16 and sections 161 and 162
of title 30, United States Code.'.
END
