President Biden Signs into Law the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024

By Lucas J. Narducci and Amanda A. Reeve

The Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (S. 2781) was signed into law on December 17, 2024, by President Joe Biden. This was a bipartisan measure consisting of 21 Republicans, 17 Democrats, and two Independents that establishes a pilot program in which the U.S. Environmental Protection Agency (USEPA) is required to grant up to 15 Good Samaritan permits for the purpose of carrying out “projects to remediate historic mine residue at any portions of abandoned hardrock mine sites.” A companion bill (H.R. 7779), also a bipartisan measure with 19 Republicans and 17 Democrats that was introduced in the U.S. House, was fully incorporated into S. 2781.

While it has taken decades to finally pass the Good Samaritan Remediation of Abandoned Hardrock Mines Act, the pilot program it establishes will sunset in just seven years; and only provides for the permitting of up to 15 low-risk projects in which qualified Good Samaritans will voluntarily perform remediation efforts improving the environment and water quality at sites which would otherwise remain abandoned.

To be eligible for this pilot program, an abandoned hardrock mine site, as the law defines, in part, is deemed an abandoned or inactive hardrock mine site and any associated facility thereof “that was used for the production of a mineral other than coal conducted on Federal land or on non-Federal land…”

To obtain a Good Samaritan permit, the applicant must demonstrate that:

Importantly, a Good Samaritan applicant is required to “make reasonable and diligent efforts” to identify all responsible owners or operators of the site. If, however, any existing responsible owners or operators are identified for the site, the Good Samaritan permit application will be denied.

While the project permit prohibits mining activities (i.e. mineral exploration, processing, and beneficiation), it allows for the reprocessing of materials recovered during the implantation of a remediation plan as long as:

Established as part of this law is the Good Samaritan Mine Remediation Fund (Fund) to assist with the funding of these projects. In addition to the excess proceeds from reprocessing materials, the Fund is comprised of appropriated monies, collected financial assurance monies, any monies collected for long-term operations and maintenance under an agreement, and any donated monies.

The Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 is a reflection of decades of dedicated efforts by the stakeholders and numerous members of Congress; and will hopefully do a great deal to cleaning up abandoned hardrock mine sites. As sponsor of S. 2781, U.S. Senator Martin Heinrich, D-NM, commented:

“For more than 25 years, Good Samaritans have tried to clean up abandoned mines but have faced significant hurdles and liability rules that hold them responsible for all the pre-existing pollution from a mine — despite having no involvement with the mines before their cleanup efforts. With today’s passage, we’ve now cleared one of the final hurdles preventing these groups from helping to protect the land, water, fish, and wildlife our communities rely on. This victory belongs to every single person who rolled up their sleeves to fix this longstanding injustice,…”