Help for the hardrock
 At long last, Congress passes 'Good Samaritan' cleanup bill

Congress has passed a bill that could make it easier for nonprofits or state and local governments to clean up abandoned mines.

The U.S. House on Tuesday approved the Good Samaritan Remediation of Abandoned Hardrock Mines Act. The bill passed the Senate in July and now goes to President Joe Biden’s desk. 

The bill sets up a pilot program under the Environmental Protection Agency to allow “good Samaritans” to clean up and improve water quality around abandoned hard rock mine sites without being subject to liability for pre-existing pollution.

“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,” Sen. Martin Heinrich, D-N.M., who introduced the bill with Sen. Jim Risch, R-Idaho. “This victory belongs to every single person who rolled up their sleeves to fix this longstanding injustice, and I’d like to thank those who have carried the baton to get us to this point.”

Some of the Colorado lawmakers who carried the baton in the past include Mark Udall, Cory Gardner, John Salazar and Scott Tipton.

Rep. Celeste Maloy, R-Utah, who introduced the House companion legislation with Rep. Mary Peltola, D-Alaska, said the bill had “robust bipartisan support” and is the “right step forward."

“This bill is critical to removing the obstacles that are preventing cleanup and remediation of important land and water resources,” she said during the debate.

Colorado Sens. John Hickenlooper and Michael Bennet are original co-sponsors of the Senate bill, while Colorado Reps. Brittany Pettersen, Joe Neguse, Lauren Boebert, Jason Crow and Yadira Caraveo co-sponsored the House version.

Hickenlooper said the bill is important for all Mountain West states, because current liability rules make cleanup work too risky.

“If a good Samaritan comes along and wants to try to fix (an old mine leaking pollution) … they can’t do it, because the moment they touch anything, they own it. In other words, they can be sued,” Hickenlooper said. “This is all about trying to let people clean up the mess that people made a century ago without being liable for it.”

Bennet said he was thrilled the bill made it through Congress, finally.  “It’s 15 years of work by a lot of people, so it will be good to get it done,” he noted. Bennet has co-sponsored past versions of the bill.

During the House floor debate of the bill, Rep. Diana DeGette, D-Colo., said the bill represents a critical step forward, noting liability concerns have prevented cleanup efforts in the state.

Pettersen called the passage of the bill a win for Colorado. “Thousands of abandoned hardrock mines in Colorado and across the country pollute our waters, harm our environment and threaten our communities. This commonsense solution will cut red tape and allow state, local governments and nonprofits to help clean up these mines and ensure cleaner water and safer communities for years to come.”

For more from Colorado Public Radio, go to: www.cpr.org.