‘Good Samaritan’ bill and mining reform not necessarily opposed

Two bills introduced in Congress by Western legislators seeking to ease liability concerns for mine cleanups and reform mining regulations are not necessarily at odds, advocates say.

Sen. Mark Udall (D-Colo.) has sponsored what is known as the Good Samaritan bill, which would seek to make it easier for groups to clean up abandoned mines without fearing they would then assume liability for the project’s adherence to the Clean Water Act. Meanwhile, Sen. Jeff Bingaman (D-N.M.) has proposed reforms to the nation’s 1872 mining law that would establish severance taxes to pay for cleanups.

“You need all the pieces,” said Peter Butler of the Animas River Stakeholders Group. “Even if you did set up a fund with severance taxes, you’ve got to have someone who is going to use that money, and they’re not willing to use it if they’re going to be liable.”

Udall’s Good Samaritan bill is the 11th similar bill to be introduced in Congress over the past 15 years. The mining industry and major environmental groups have defeated past efforts to pass the law, the latter worried mining companies could abuse the law.

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