Bennet, Heinrich, Risch, Colleagues Introduce Bipartisan Legislation to Remove Hurdles for Good Samaritans to Clean Up Abandoned Hardrock Mines

Source: United States Senator for Colorado Michael Bennet

Washington, D.C. – U.S. Senators Michael Bennet (D-Colo.), Martin Heinrich (D-N.M.), Jim Risch (R-Idaho), and several of their colleagues introduced the bipartisan Good Samaritan Remediation of Abandoned Hardrock Mines Act, legislation to make it easier for “Good Samaritans” such as state agencies, local governments, nonprofits, and other groups, to clean up and improve water quality in and around abandoned hardrock mines.

“There are thousands of abandoned mines in Colorado and across the West that are a constant source of pollution and a threat to our watersheds,” said Bennet. “Our Good Samaritan legislation will encourage states, local governments, nonprofits, and corporations to clean up these old abandoned mines, helping to reduce pollution and improve water quality. This bill is a product of the hard work and collaboration of people across the West, and I look forward to working together to tackle this important issue.”

“Abandoned mines across the West are leaking toxic metals that threaten our land, water, fish and wildlife—and the communities that depend on them,” said Heinrich. “I’m proud to introduce this bipartisan legislation with Senator Risch to create a path for Good Samaritan groups to clean up these sites and create good-paying jobs in New Mexico and across the country.” 

“There’s real motivation among the mining industry and conservation community to remedy the environmental challenges created by long-abandoned mines. Unfortunately, meaningful action has been heavily discouraged due to the significant liability risk,” said Risch. “Good Samaritans who are willing take it upon themselves to remediate the damage left behind at abandoned mines should be helped, not hindered. This legislation will allow this important work to go unimpeded so responsible mining can remain a key part of Idaho’s legacy and future.”

“We appreciate Senator Bennet’s leadership and persistence to address the environmental challenges brought on by abandoned mines. Colorado is afflicted with thousands of abandoned mine sites whose owners are long gone and operated before our state had environmental and reclamation laws which guide us today. Good Samaritan legislation can help us clean up mines and improve the environment for the benefit of Coloradans, communities and our wildlife,” said Dan Gibbs, Executive Director, Colorado Department of Natural Resources.

“Colorado is home to some of the best trout fishing in the country. Unfortunately it is also home to hundreds of draining abandoned mines that are polluting our waters and impacting the health of our fisheries and communities. Good Samaritan legislation will help add horsepower to efforts to clean up abandoned mines, work that we have been doing in several watersheds throughout the state. We look forward to expanding this work to remediate draining mines and thank Senator Bennet for his efforts to make Colorado’s waters cleaner and fisheries more productive,” said Steve Kandell, Trout Unlimited’s Angler Conservation Program Director.

The United States has over 140,000 abandoned hardrock mine features, of which roughly 22,500 pose harmful environmental hazards that put human health and wildlife at risk according to the GAO. Organizations that have no legal or financial responsibility to an abandoned mine – true Good Samaritans – want to volunteer to remediate some of these sites. Unfortunately, liability rules would leave these Good Samaritans legally responsible for all the pre-existing pollution from a mine, even though they had no involvement with the mine prior to cleaning it up. 

The Good Samaritan Remediation of Abandoned Hardrock Mines Act creates a pilot permitting program to enable cleanup efforts to move forward, while ensuring Good Samaritans have the skills and resources to comply with federal oversight. This pilot program is designed for lower risk projects which will improve water and soil quality or otherwise protect human health. 

The bipartisan Infrastructure Investment and Jobs Act includes a provision to establish the first-ever abandoned hardrock mine reclamation program at the Department of the Interior. By passing Good Samaritan legislation, Congress can remove hurdles that public-private partnerships face and use this program to jumpstart abandoned mine cleanups.

Colorado Trout Unlimited, Clear Creek County, Mineral County, Hinsdale County, La Plata County, San Juan County, San Miguel County, Summit County, and the Southwest Colorado Council of Governments have submitted letters of support for Good Samaritan legislation to help clean up abandoned mines. 

The legislation has received support from: Trout Unlimited, Theodore Roosevelt Conservation Partnership, Backcountry Hunters & Anglers, Property and Environment Research Center, National Deer Association, National Wildlife Federation, National Mining Association, American Exploration and Mining Association, Congressional Sportsmen’s Foundation, Izaak Walton League of America, and the Outdoor Alliance.

Bennet has a history of working to clean up abandoned mines. In 2016, Bennet, former U.S. Senator Cory Gardner (R-Colo.), and former U.S. Representative Scott Tipton (R-Colo.) released a draft of the Good Samaritan Cleanup of Orphan Mines Act following the Gold King Mine spill. In 2013, Bennet, former U.S. Senator Mark Udall (D-Colo.) and Tipton introduced the Good Samaritan Cleanup of Abandoned Hardrock Mines Act.

In addition to Bennet, Heinrich, and Risch, the Good Samaritan Remediation of Abandoned Hardrock Mines Act is co-sponsored by U.S. Senators Ben Ray Luján (D-N.M.), Steve Daines (R-Mont.), Jon Tester (D-Mont.), Mike Crapo (R-Idaho), and John Barrasso (R-Wyo.).

The bill text is available HERE.