Overview

Title

To promote remediation of abandoned hardrock mines, and for other purposes.

ELI5 AI

The Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 is a new rule that lets people help clean up old, messy mine sites without getting into trouble, and it's meant to make the land and water healthier for everyone.

Summary AI

The Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 aims to address environmental issues at abandoned hardrock mine sites by allowing "Good Samaritan" entities to undertake remediation projects without being held liable under certain federal environmental laws. It establishes a pilot program for granting up to 15 permits, known as Good Samaritan permits, to eligible parties who will clean up historic mine residue, using these permits as a temporary shield from liability. These efforts are focused on improving human health, environmental conditions, and achieving applicable water quality standards. The Act includes a variety of specific requirements and conditions, such as baseline assessments, monitoring plans, financial assurances, and public notification processes, to ensure the effective and responsible execution of these projects.

Published

2024-12-11
Congress: 118
Session: 2
Chamber: HOUSE
Status: Reported in House
Date: 2024-12-11
Package ID: BILLS-118hr7779rh

Bill Statistics

Size

Sections:
6
Words:
12,179
Pages:
66
Sentences:
150

Language

Nouns: 3,567
Verbs: 921
Adjectives: 618
Adverbs: 75
Numbers: 385
Entities: 475

Complexity

Average Token Length:
4.33
Average Sentence Length:
81.19
Token Entropy:
5.32
Readability (ARI):
43.03

AnalysisAI

The bill H. R. 7779, titled the "Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024," aims to address the issue of abandoned hardrock mines, which are often a source of environmental pollution and safety hazards. The legislation seeks to promote voluntary clean-ups by granting Good Samaritan permits to individuals or organizations willing to remediate these sites without assuming the liability typically associated with environmental laws.

General Summary

This bill emphasizes a pilot program that allows up to 15 permits for projects to remediate historic mine residue at abandoned hardrock mine sites. These permits are a form of legal allowance for Good Samaritans which include individuals or entities that did not contribute to the pollution and are not responsible for cleanup under existing laws. The bill specifies the eligibility criteria for applicants, outlines the conditions under which remediation activities can occur, and establishes a framework for financial assurances and oversight.

Moreover, the bill creates a financial structure, including the Good Samaritan Mine Remediation Fund, to gather and allocate funds for cleanup projects. Finally, the legislation provides for a report to Congress evaluating these efforts within eight years of enactment.

Significant Issues

One of the main issues with the bill is the complex definition of what qualifies as an abandoned hardrock mine site, as identified in Section 2. The multiple exclusions and references to other laws could create uncertainty about which sites qualify for remediation under the program. This complexity could result in potential legal challenges and ambiguities over site classifications.

Additionally, the bill includes exemptions from major environmental laws like the Federal Water Pollution Control Act and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for those holding Good Samaritan permits. While these exemptions are crucial to encouraging voluntary cleanup efforts, they could also lead to the bypassing of rigorous environmental protections.

The financial provisions, notably the retention of funds without fiscal year limitations in Section 5, could lead to concerns about transparency and potential misuse without stringent oversight mechanisms.

Broad Impact on the Public

Broadly, the public could benefit from this legislation through the reduction of environmental hazards and improvements in public health and safety near abandoned mine sites. The bill's focus on incentivizing voluntary cleanup efforts helps address sites that might otherwise remain untreated due to legal and financial liability issues.

However, there might be concerns about diminished environmental protection. The exemptions from standard environmental laws might lead to less stringent cleanup measures than would otherwise be required, which could have long-term environmental consequences.

Impact on Specific Stakeholders

For local communities near abandoned mine sites, the bill could have a primarily positive impact by reducing pollution and associated health risks. The legislation may help expedite the remediation process by engaging willing participants to clean up these sites.

On the other hand, environmental advocacy groups may express concern that the bill's exemptions could compromise environmental standards. These groups may argue for tighter safeguards to ensure the intent of remediation work aligns with established environmental laws.

Corporate stakeholders, like mining companies interested in participating in the program, could view this legislation as an opportunity to engage in remediation activities without enduring considerable liability. However, they would also need to navigate the bill's complex requirements and definitions, which might pose implementation challenges.

Overall, while H. R. 7779 presents a potentially positive step toward addressing the issue of abandoned hardrock mines, the complexities and implications necessitate careful consideration to achieve lasting environmental and public health benefits.

Issues

  • The definition of 'abandoned hardrock mine site' in Section 2 includes multiple exclusions and references to external laws that may be overly complex, leading to ambiguity or potential legal challenges over site classifications.

  • The Good Samaritan permits granted under Section 4 include exemptions from compliance with major environmental laws like the Federal Water Pollution Control Act and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, potentially bypassing stringent environmental protections.

  • The language regarding financial assurance mechanisms in Section 4(m)(1)(A)(vi)(V)(bb) is complex and may require clarification to ensure proper implementation.

  • The responsibility assigned to multiple cooperating Federal agencies, especially in Sections 4(j) and (l), could result in overlapping authority or conflicts, necessitating better coordination mechanisms.

  • The term 'Good Samaritan' is not clearly defined in Section 5, which may lead to ambiguity in determining eligible entities for permits and funds.

  • The section allowing retention and use of funds without fiscal year limitation under Section 5 could lead to potential misuse of the funds without proper oversight.

  • Section 4 allows permits to be extended by the Administrator but lacks clear criteria for extension, potentially leading to inconsistent application.

  • The section allowing the acceptance of 'any amounts donated to the Fund by any person' under Section 5 could lead to ethical concerns or influence by private entities on public land management.

  • The 'remediation' definition in Section 2 is extensive and might lead to confusion about what specific actions are allowed, especially since certain actions like altering portals or adits are excluded.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill is the "Short title," where it specifies that the official name of the act is the “Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024.”

2. Definitions Read Opens in new tab

Summary AI

The section provides definitions for terms used in the Act related to abandoned hardrock mine sites, including what qualifies as such a site and who a "Good Samaritan" is. It also defines roles and permits such as the "Administrator" of the Environmental Protection Agency, "cooperating person," and types of permits like "Good Samaritan permit" and "investigative sampling permit."

3. Scope Read Opens in new tab

Summary AI

The Act sets boundaries by stating it does not change existing legal liabilities or release anyone from them, except where specifically allowed. It neither permits new mining activities beyond processing with a special permit nor places any new environmental liability on the U.S. government.

4. Abandoned hardrock mine site Good Samaritan pilot project authorization Read Opens in new tab

Summary AI

The section authorizes a pilot program for up to 15 permits to be granted by the Administrator to address pollution and safety issues at abandoned hardrock mine sites. Eligible individuals or groups can apply for permits to clean up these sites with specific requirements for project design, environmental safety, and compliance, all under the oversight of the Administrator and with assistance from relevant state, tribal, and federal agencies.

5. Special accounts Read Opens in new tab

Summary AI

The section establishes a Good Samaritan Mine Remediation Fund within the U.S. Treasury for each federal land management agency and the Environmental Protection Agency to support projects under a Good Samaritan permit. Each Fund includes money from Congress, proceeds from reprocessing, financial assurance funds, operational maintenance funds, and donations, and it can be used without a time limit to help carry out related activities.

6. Report to Congress Read Opens in new tab

Summary AI

The section requires the Administrator to submit a report to specific committees in Congress within 8 years of the act’s enactment. The report should evaluate the Good Samaritan pilot program, including details about permits, project outcomes, issues faced in administration, progress achieved, and suggestions for the program's future continuation or modification.