[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5294 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5294
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to establish within the Environmental Protection
Agency the Office of Mountains, Deserts, and Plains, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19, 2022
Mr. Kelly (for himself and Ms. Lummis) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to establish within the Environmental Protection
Agency the Office of Mountains, Deserts, and Plains, 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.
This Act may be cited as the ``Legacy Mine Cleanup Act of 2022''.
SEC. 2. OFFICE OF MOUNTAINS, DESERTS, AND PLAINS.
Title I of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding
at the end the following:
``SEC. 129. OFFICE OF MOUNTAINS, DESERTS, AND PLAINS.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Appropriations of the
Senate;
``(B) the Committee on Energy and Natural Resources
of the Senate;
``(C) the Committee on Environment and Public Works
of the Senate;
``(D) the Committee on Health, Education, Labor,
and Pensions of the Senate;
``(E) the Committee on Indian Affairs of the
Senate;
``(F) the Committee on Appropriations of the House
of Representatives;
``(G) the Committee on Energy and Commerce of the
House of Representatives;
``(H) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(I) the Committee on Natural Resources of the
House of Representatives; and
``(J) the Committee on Oversight and Reform of the
House of Representatives.
``(2) Covered mine.--The term `covered mine' means an
abandoned hardrock mine site.
``(3) Eligible non-NPL site.--The term `eligible non-NPL
site' means a site--
``(A) that is not on the National Priorities List;
but
``(B) with respect to which the Administrator
determines that--
``(i) the site would be eligible for
listing on the National Priorities List based
on the presence of hazards from contamination
at the site, applying the hazard ranking system
described in section 105(c); and
``(ii) for removal site evaluations,
engineering evaluations/cost analyses, remedial
planning activities, remedial investigations
and feasibility studies, and other actions
taken pursuant to section 104(b), the site--
``(I) has undergone a pre-CERCLA
screening; and
``(II) is included in the Superfund
Enterprise Management System.
``(4) Navajo nation abandoned uranium mine site.--The term
`Navajo Nation abandoned uranium mine site' means an abandoned
uranium mine site on land of the Navajo Nation.
``(5) Office.--The term `Office' means the Office of
Mountains, Deserts, and Plains established by subsection
(b)(1).
``(6) Regional office.--The term `Regional Office' means a
Regional Office of the Environmental Protection Agency.
``(b) Establishment.--
``(1) In general.--There is established within the
Environmental Protection Agency the Office of Mountains,
Deserts, and Plains.
``(2) Director.--The Office shall be headed by a Director,
to be appointed by the Administrator (or a designee).
``(c) Purposes.--The purposes of the Office shall be--
``(1) to coordinate and provide oversight over response
actions of the Environmental Protection Agency carried out at a
covered mine in accordance with this Act;
``(2) to establish and disseminate best practices for
covered mine response actions, including identifying innovative
technologies and reuse approaches that support those response
actions;
``(3) to collaborate with Regional Offices, Federal land
management agencies, States, and voluntary nongovernmental
organizations, watershed groups, nonliable mining companies,
and other entities to facilitate voluntary response actions at
covered mines;
``(4) to lead Environmental Protection Agency efforts to
coordinate and expedite the completion of response actions at
covered mines on Tribal land, including Navajo Nation abandoned
uranium mine sites;
``(5) to coordinate with the Secretary of the Interior, the
Secretary of Energy, the Secretary of Health and Human
Services, the Nuclear Regulatory Commission, and other Federal
agencies, as the Administrator determines to be appropriate, to
ensure interagency coordination of covered mine response
actions, with priority given to coordinating, and where
possible, combining, Federal efforts to fund response actions
at covered mines for which there is no potentially responsible
party; and
``(6) to carry out other actions, as determined to be
necessary by the Administrator--
``(A) to support efforts to investigate,
characterize, or cleanup a discharge, release, or
threat of release of a hazardous substance, pollutant,
or contaminant into the environment at or from a
covered mine; or
``(B) to otherwise protect and improve human health
and the environment.
``(d) Duties.--The Administrator shall carry out through the
Office, at a minimum, the following duties:
``(1) Emphasis list.--
``(A) In general.--The Administrator shall
establish a list of covered mines that are prioritized
for response actions under this Act.
``(B) Updates; reports.--The Administrator shall
annually--
``(i) update the list under subparagraph
(A); and
``(ii) submit to the appropriate committees
of Congress a report describing the covered
mines on the list.
``(C) Coordination.--The Administrator shall--
``(i) regularly coordinate with Regional
Offices, Federal agencies, States, Indian
tribes, and stakeholders to make progress with
respect to the covered mines on the list under
subparagraph (A); and
``(ii) ensure that Regional Offices make
progress with respect to each covered mine on
the list.
``(2) Community engagement.--The Administrator shall--
``(A) maintain and update, as needed, best
practices for engaging with local communities with
respect to response actions on covered mines; and
``(B) coordinate with Regional Offices to support
engagement with local communities described in
subparagraph (A).
``(3) Process improvement.--
``(A) In general.--The Administrator shall--
``(i) establish a standard process for
developing, reviewing, and approving site
assessments, remedial investigations, and
feasibility studies for covered mines;
``(ii) conduct research of, and identify,
technologies and remedial and removal
approaches that are the most successful in
limiting the acute and chronic risks posted to
human health and the environment by covered
mines;
``(iii) to the extent technically feasible,
establish remedial and removal standards for
various types of covered mines, including type
of mineral and design; and
``(iv) support--
``(I) consultations with Indian
tribes with respect to covered mines;
and
``(II) efforts to provide regular
updates to all levels a Tribal
government with respect to response
actions for covered mines.
``(B) Tribal consultation.--In supporting
consultations with Indian tribes under subparagraph
(A)(iv)(I), the Administrator shall--
``(i) share all available covered mine data
with Tribal partners; and
``(ii) ensure that Tribal allottee right-
of-way regulations of the Eastern Regional
Office of the Bureau of Indian Affairs are
followed.
``(4) Interagency plan to address uranium contamination on
the navajo nation.--Not later than 1 year after the date of
enactment of this section, and not less frequently than once
every 5 years thereafter, the Administrator, in consultation
with all levels of affected Tribal governments, shall prepare
and submit to the appropriate committees of Congress a report
describing a multi-year interagency plan for the coordination
of the Federal Government with States and Tribal governments to
carry out response actions at Navajo Nation abandoned uranium
mine sites, including--
``(A) goals for the assessment of, and response
actions at, Navajo Nation abandoned uranium mine sites;
``(B) target dates by which goals described in
subparagraph (A) are anticipated to be achieved; and
``(C) the activities to be carried out by each
Federal agency under the plan.
``(5) Administrative and technical assistance.--The
Administrator shall, as appropriate, provide to States, units
of local government, Indian tribes, and other entities
technical assistance with respect to response actions on
covered mines.
``(e) Authorization of Appropriations for Superfund Actions at
Abandoned Hardrock Mining Sites on Tribal Land.--
``(1) Authorization of appropriations.--In addition to
amounts otherwise available, there are authorized to be
appropriated for each of fiscal years 2023 through 2032, to
remain available until expended--
``(A) $97,000,000 to the Administrator to carry out
this subsection (except for paragraph (3)); and
``(B) $3,000,000 to the Administrator of the Agency
for Toxic Substances and Disease Registry to carry out
paragraph (3).
``(2) Uses of amounts.--Amounts appropriated under
paragraph (1)(A) shall be used by the Administrator--
``(A) to carry out removal actions on abandoned
hardrock mine land located on Tribal land;
``(B) to carry out response actions, including
removal and remedial planning activities, removal and
remedial studies, remedial actions, and other actions
taken pursuant to section 104(b) on abandoned hardrock
mine land located on Tribal land at--
``(i) eligible non-NPL sites; and
``(ii) sites listed on the National
Priorities List; and
``(C) to make grants under paragraph (4).
``(3) Health assessments.--Subject to the availability of
appropriations, the Agency for Toxic Substances and Disease
Registry, in coordination with Tribal health authorities, shall
perform 1 or more health assessments at each eligible non-NPL
site that is located on Tribal land.
``(4) Tribal grants.--
``(A) In general.--The Administrator may use
amounts appropriated under paragraph (1)(A) to make
grants to eligible entities for the purposes described
in subparagraph (C).
``(B) Eligible entities.--An entity that is
eligible to receive a grant under this paragraph is--
``(i) the governing body of an Indian
tribe; and
``(ii) a legally established organization
of Indians that--
``(I) is controlled, sanctioned, or
chartered by the governing bodies of 1
or more Indian tribes to be served, or
that is democratically elected by the
adult members of the Indian community
to be served, by that organization; and
``(II) includes the maximum
participation of Indians in all phases
of the activities of that organization.
``(C) Use of grant funds.--A grant under this
paragraph shall be used--
``(i) for carrying out activities in
accordance with the second sentence of section
117(e)(1);
``(ii) for obtaining technical assistance
in carrying out response actions under clause
(iii); or
``(iii) for carrying out response actions,
if the Administrator determines that the Indian
tribe has the capability to carry out any or
all of those response actions in accordance
with the criteria and priorities established
pursuant to section 105(a)(8).
``(D) Applications.--To be eligible to receive a
grant under this paragraph, an eligible entity shall
submit to the Administrator an application at such
time, in such manner, and containing such information
as the Administrator may require.
``(E) Cost share.--The Federal share of the cost of
activities carried out using a grant under this
paragraph shall be 100 percent.
``(5) Statute of limitations.--If a response action
described in paragraph (2)(B) is scheduled at an eligible non-
NPL site, no action may be commenced for damages with respect
to that eligible non-NPL site unless the action is commenced
within the timeframe provided for such actions with respect to
facilities on the National Priorities List in the first
sentence of the matter following subparagraph (B) of section
113(g)(1).
``(6) Coordination.--The Administrator shall coordinate
with the Indian tribe on whose land the applicable site is
located in--
``(A) selecting and prioritizing sites for response
actions under subparagraphs (A) and (B) of paragraph
(2); and
``(B) carrying out those response actions.''.
SEC. 3. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560 of the Water Resources Development Act of 1999 (33
U.S.C. 2336) is amended--
(1) in subsection (c), by inserting ``or on land taken into
trust by the Secretary of the Interior on behalf of, and for
the benefit of, an Indian Tribe'' after ``land owned by the
United States''; and
(2) in subsection (f), by striking ``$30,000,000'' and
inserting ``$50,000,000''.
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