Sec. 602. Findings; purposes
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/bill/114/hr/963/ih/section-602·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds that— the Federal Government and State governments have encouraged hardrock mining in the United States through a wide variety of laws, policies, and actions; mining operations produce metals and minerals that have important social benefits and values; many areas in the United States at which historic mining operations took place are now the locations of inactive and abandoned mine sites; the mining activities that took place prior to the enactment of modern environmental laws often disturbed public and private land, and those disturbances led to environmental pollution, including the discharge of pollutants into surface water and groundwater; many of the individuals and corporate owners and operators of mines the actions of which caused the pollution described in paragraph
(4)are no longer alive or in existence; many of the historic mining sites have polluted the environment for more than a century and, unless remedied, will continue to do so indefinitely; unabated discharges from inactive and abandoned mines will continue to pollute surface water, groundwater, and soils; many of the streams and water bodies impacted by acid mine drainage are important resources for fish and wildlife, recreation, drinking water, agriculture, and other public purposes; some of the remaining owners and operators of historic mine sites do not have adequate resources to properly conduct the remediation of the mine sites under applicable environmental laws; from time to time, States, individuals, and companies are willing to remediate historic mine sites for the public good as Good Samaritans, despite the fact that those States, individuals, and companies are not legally required to do so; Good Samaritan remediation activities may— vary in size and complexity; reflect a myriad of methods by which mine residue may be cleaned up; and include, among other activities— the removal, relocation, or management of tailings or other waste piles; passive or active water treatment; and runoff or runon controls; the potential obligations, requirements, and liabilities under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) that may attach to Good Samaritans as the result of the conduct by the Good Samaritans of remediation activities can dissuade potential Good Samaritans from acting for the public good; it is in the interest of the United States, the States, and local communities to remediate historic mine sites— in appropriate circumstances and to the maximum extent practicable; and so that the detrimental environmental impacts of the historic mine sites are lessened in the future; and if appropriate protections are provided to Good Samaritans, Good Samaritans will have a greater incentive to remediate historic mine sites for the public good. The purposes of this title are— to encourage the partial or complete remediation of inactive and abandoned mine sites for the public good by individuals or entities that are not legally responsible for the remediation; to allow any individual or entity not legally responsible for environmental conditions relating to an inactive or abandoned mine site— to make further progress toward the goal of meeting water quality standards in all water of the United States; and to improve other environmental media affected by past mining activities at the inactive or abandoned mine site without incurring any obligation or liability with respect to the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); to ensure that remediation activities performed by Good Samaritans— result in actual and significant environmental benefits; and are carried out— with the approval and agreement, and at the discretion, of affected Federal, State, and tribal authorities; in a manner that enables the public to conduct a review of, and submit comments relating to, the remediation activities; and in a manner that is beneficial to the environment and each community affected by the remediation activities; and to further the innovations of, and cooperation among, the Federal Government, State and tribal governments, private individuals, and corporations to accelerate efforts relating to conservation and environmental restoration.
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Sec. 602
Findings; purposes
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