119-s2741

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2741 Reported in Senate

    (RS) ]

<DOC>

 Calendar No. 228
119th CONGRESS
 1st Session
 S. 2741

 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

 September 9, 2025

 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

 October 29, 2025

 Reported by Mrs. Capito, with an amendment
 [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

 A BILL

 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 2025''.

SEC. 2. OFFICE OF MOUNTAINS, DESERTS, AND PLAINS.

    (a) 

=== Definitions. ===
-In this section:

    (1) Administrator.--The term ``Administrator'' means the 
 Administrator of the Environmental Protection Agency.

    (2) 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 Accountability 
 of the House of Representatives.

    (3) Cleanup action.--The term ``cleanup action'' means 1 or 
 more actions taken to address contaminated media at a covered 
 mine site pursuant to 1 or more existing authorities of the 
 Administrator, including--
        (A) the Comprehensive Environmental Response, 
 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
 et seq.);
        (B) the Good Samaritan Remediation of Abandoned 
 Hardrock Mines Act of 2024 (30 U.S.C. 1245 note; Public 
 Law 118-155);
            (C) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
 seq.);
            (D) the Federal Water Pollution Control Act (33 
 U.S.C. 1251 et seq.); and
        (E) any other existing authority of the 
 Administrator.

    (4) Covered mine site.--The term ``covered mine site'' 
 means Federal, State, Tribal, local, and private land that has 
 been affected by past hardrock mining activities and water 
 resources that traverse or are contiguous to such land.

    (5) Indian country.--The term ``Indian country'' has the 
 meaning given the term in 

section 1151 of title 18, United 
 States Code.

    (6) Navajo nation abandoned uranium mine site.--The term 
 ``Navajo Nation abandoned uranium mine site'' means an 
 abandoned uranium covered mine site on land of the Navajo 
 Nation.

    (7) Office.--The term ``Office'' means the Office of 
 Mountains, Deserts, and Plains established by subsection

    (b)

    (1) .

    (8) 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 office of 
 the Environmental Protection Agency that administers solid 
 waste programs the Office of Mountains, Deserts, and Plains.

    (2) Director.--The Office shall be headed by a Director, to 
 be selected by the Administrator (or a designee).
            (c) === Purposes ===
-The purposes of the Office shall be--

    (1) to coordinate between the headquarters of the 
 Environmental Protection Agency, Regional Offices, and 
 stakeholders on cleanup actions of the Environmental Protection 
 Agency at a covered mine site, including a covered mine site in 
 Indian country, in accordance with Federal law;

    (2) to establish and disseminate best practices for covered 
 mine site cleanup actions, including identifying--
        (A) innovative technologies and reuse approaches 
 that support and make progress toward those cleanup 
 actions; and
        (B) waste storage and disposal solutions;

    (3) to coordinate among the headquarters of the 
 Environmental Protection Agency, Regional Offices, Federal land 
 management agencies, States, Indian Tribes, and voluntary 
 nongovernmental organizations, watershed groups, nonliable 
 entities and mining companies, and other entities on voluntary 
 cleanup actions at covered mine sites, where applicable, 
 including timely issuance of administrative guidance for 
 nonliable parties;

    (4) to coordinate within the Environmental Protection 
 Agency and with other Federal agencies to encourage contracting 
 opportunities for small businesses to participate in cleanup 
 actions at covered mine sites, consistent with applicable 
 Federal procurement authorities;

    (5) to coordinate with the Secretary of the Interior, the 
 Secretary of Agriculture, 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 site cleanup actions, with 
 priority given to coordinating cleanup actions at covered mine 
 sites for which there is no potentially responsible party; and

    (6) to coordinate other actions as the Administrator 
 determines to be appropriate, pursuant to existing authorities 
 of the Administrator--
        (A) to support efforts to investigate, 
 characterize, or clean up a discharge, release, or 
 threat of release of a hazardous substance, pollutant, 
 or contaminant into the environment at or from a 
 covered mine site; or
        (B) to establish best practices to protect and 
 improve human health and the environment and implement 
 appropriate reuse options, including through the use of 
 innovative technologies to recover valuable resources 
 from covered mine site features or areas, as 
 applicable.
            (d) Duties.--The Administrator shall carry out through the Office, 
at a minimum, the following duties:

    (1) Priority mine list.--
        (A) In general.--Annually, the Administrator shall 
 identify covered mine sites that are prioritized for 
 cleanup actions, which may include covered mine sites 
 that are or are not included on the National Priorities 
 List developed by the President in accordance with 
 

section 105

    (a)

    (8)
        (B) of the Comprehensive Environmental 
 Response, Compensation, and Liability Act of 1980 (42 
 U.S.C. 9605

    (a)

    (8)
        (B) ).
        (B) Creation of list; reports.--The Administrator 
 shall annually--
            (i) create a list of covered mine sites 
 identified under subparagraph
        (A) ; and
            (ii) submit to the appropriate committees 
 of Congress a report describing--
            (I) the methodology used to 
 identify those covered mine sites under 
 that subparagraph; and
            (II) the status of cleanup actions 
 carried out at covered mine sites on 
 the list.
            (C) Coordination.--The Administrator shall--
            (i) regularly coordinate with Regional 
 Offices, Federal agencies, States, Indian 
 Tribes, Alaska Native Corporations, and 
 stakeholders to update the list of covered mine 
 sites identified under subparagraph
        (A) ; and
            (ii) regularly coordinate with Regional 
 Offices on cleanup actions and share best 
 practices with respect to each covered mine 
 site identified under subparagraph
        (A) .

    (2) Process improvement.--
        (A) In general.--The Administrator shall, pursuant 
 to existing authorities of the Administrator--
            (i) identify best practices for developing, 
 reviewing, and approving site assessments, 
 remedial investigations, and feasibility 
 studies for covered mine sites;
            (ii) coordinate research relating to 
 technologies and cleanup approaches that are 
 the most successful in limiting the acute and 
 chronic risks posted to human health and the 
 environment by covered mine sites; and
            (iii) support--
            (I) government-to-government 
 consultations with Indian Tribes 
 initiated by the Administrator or 
 another Federal agency with respect to 
 a covered mine site located within 
 Indian country; and
            (II) efforts to provide regular 
 updates to the Tribal governments 
 involved in cleanup actions for a 
 covered mine site located on Tribal 
 land under the jurisdiction of the 
 Indian Tribe.
        (B) Tribal consultation.--In supporting 
 consultations with Indian Tribes under subparagraph
        (A)
            (iii) 
            (I) , the Administrator, in addition to existing 
 applicable law, shall--
            (i) as appropriate, invite potentially 
 responsible parties, including Federal 
 agencies, to participate in government-to-
 government consultations with Indian Tribes;
            (ii) as appropriate, consult with Alaska 
 Native Corporations in accordance with 

section 161 of division H of the Consolidated 
 Appropriations Act, 2004 (25 U.S.C. 5301 note; 
 Public Law 108-199); and
            (iii) as appropriate, ensure consultations 
 with Tribal allottees occur pursuant to 

section 2 of the Act of February 5, 1948 (62 Stat. 18, 
 chapter 45; 25 U.S.C. 324).

    (3) Interagency plans for uranium contamination on the 
 navajo nation; reports.--
        (A) In general.--Not later than September 30, 2028, 
 and not less frequently than once every 10 years 
 thereafter, the Administrator, in cooperation with 
 other relevant Federal agencies, including, at a 
 minimum, the Department of Energy, the Nuclear Energy 
 Regulatory Commission Nuclear Regulatory Commission, 
 the Department of the Interior, the Indian Health 
 Service, and the Agency for Toxic Substances and 
 Disease Registry, and in consultation with affected 
 Tribal governments, shall develop a 10-year interagency 
 plan for the coordination of the Federal Government 
 with States and Tribal governments to carry out cleanup 
 actions at Navajo Nation abandoned uranium mine sites, 
 including--
            (i) goals for the assessment of, and 
 cleanup actions at, Navajo Nation abandoned 
 uranium mine sites;
            (ii) target dates by which goals described 
 in clause
            (i) are anticipated to be achieved, 
 subject to appropriations and funding from 
 potentially responsible parties;
            (iii) the projected appropriations 
 necessary to achieve goals described in clause
            (i) by the target dates described in clause
            (ii) ; and
            (iv) the activities to be carried out by 
 each Federal agency under the plan.
        (B) Reports.--Not later than 90 days after the date 
 on which a plan is developed under subparagraph
        (A) , 
 the Administrator shall submit to the appropriate 
 committees of Congress a report describing the 
 applicable plan.

    (4) Administrative and technical assistance.--The 
 Administrator shall, pursuant to existing authorities of the 
 Administrator, provide to States, units of local government, 
 Indian Tribes, and other entities technical assistance with 
 respect to cleanup actions on covered mine sites.

    (e) Savings Provisions.--Nothing in this section--

    (1) provides the Administrator with new regulatory 
 authority not already established in law; or

    (2) shall be interpreted as establishing a default standard 
 or authority to be used for cleanup actions at covered mine 
 sites, including the definition of ``cleanup action'' in 
 subsection

    (a) .
 Calendar No. 228

119th CONGRESS

 1st Session

 S. 2741

_______________________________________________________________________

 A BILL

 To establish within the Environmental Protection Agency the Office of 
 Mountains, Deserts, and Plains, and for other purposes.

_______________________________________________________________________

 October 29, 2025

 Reported with an amendment