Sec. 302. Definitions
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/bill/114/hr/3843/ih/section-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this title: The term Administrator means the Administrator of the Environmental Protection Agency. The term cooperating person means any person (other than a Federal agency) that— is a Good Samaritan; assists another Good Samaritan in a remediation project; and is identified as a cooperating person in a permit issued under this title. The term environmental laws means— 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 the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ).
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. 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— has an ownership interest in the inactive or abandoned mine site, but— 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 is not a successor entity to a business entity that was liable or potentially liable for such remediation costs; has an ownership interest in the inactive or abandoned mine site that was acquired through the inheritance of a patented mining claim; or 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.
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— tailings or mine waste piles; abandoned equipment (or materials in such equipment); and acidic or otherwise polluted flows in surface or ground water. The term inactive or abandoned mine site means any mine site, including any mill or processing site, that— contains historic mine residue; is not owned by any person who caused or contributed to the historic mine residue; was used for the production of a mineral-bearing ore or coal; and is no longer in operation and is not subject to a temporary shutdown, as determined by the permitting authority.
The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. The term Indian tribe means an Indian tribe that— is federally recognized; or is an Alaska Native Corporation as defined under section 1602 of title 43, United States Code. 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.
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. 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.
The term remediation means activities to clean up or otherwise mitigate the impacts of historic mine residue. 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.
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