Good Samaritan Remediation of Abandoned Hardrock Mines Program
On December 17, 2024, the President signed into law the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024.
www.congress.gov/118/plaws/publ155/PLAW-118publ155.pdf
The Act promotes the remediation of abandoned hardrock mine sites by Good Samaritans. Under the Act, Good Samaritans may apply to obtain investigative and/or remediation permits and implement remediation projects at eligible abandoned hardrock mine sites. The Good Samaritan is shielded from certain liability risks while voluntarily implementing the remediation of an abandoned hardrock mine within the terms of their permit.
On this page:
- What is the Good Samaritan Program?
- What are the goals of the Program?
- How does the Pilot Permit Program work?
What is the Good Samaritan Program?
The Good Samaritan Program was established for the purpose of permitting eligible persons or entities to undertake appropriate remediation projects without taking on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and/or Clean Water Act (CWA) liability. A Good Samaritan permit holder is exempt from obtaining certain authorizations, permits, and licenses for the project while operating within the terms of their permit.
What are the goals of the Program?
The proposed activities, as compared to the baseline conditions described in the permit, should be designed to make measurable progress toward achieving applicable water standards, improved soil quality, improved sediment quality, other improved environmental or safety conditions, or reductions in threats to soil, sediment, or water quality or other environmental or safety conditions.
How does the Pilot Program work?
The Act allows up to 15 Good Samaritan permits and 15 investigative sampling permits. If the permit is for a project on private, state, or Tribal lands, EPA reviews and approves the permit (including completing the required NEPA analysis). If the permit is for a project on federal lands, the applicable federal land management agency (e.g., Department of the Interior for land managed by the Bureau of Land Managment or Department of Agriculture for land managed by the Forest Service) will also review and approve the permit (including completing the required NEPA analysis). EPA is working on the process for applicants to submit permit applications. Please check back for further information.
A Good Samaritan is a person that, with respect to historic mine residue (as defined by the Act) —
(A) is not a past or current owner or operator of the abandoned hardrock mine site at which the historic mine residue is located; or a portion of that abandoned hardrock mine site;
(B) had no role in the creation of the historic mine residue; and
(C) is not potentially liable under any federal, state, Tribal, or local law for the remediation, treatment, or control of the historic mine residue.