Financial Assurance Guidance for the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024
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Abstract
The Environmental Protection Agency (EPA or Agency) is announcing the availability of the final guidance titled "Guidance on Financial Assurance Requirements in the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024." The Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (the Act) establishes a pilot program authorizing the Administrator of the EPA, among other things, to grant up to 15 Good Samaritan permits for low-risk projects designed to remediate abandoned hardrock mine sites. The Administrator may grant a permit only if, among other considerations, the applicant for that permit has demonstrated to the satisfaction of the Administrator that the applicant has, or has access to, the financial resources to complete the project or has established a third-party financial assurance mechanism. In the event a Good Samaritan does not complete permit requirements, financial assurance funds secured under a third- party mechanism are intended to provide funding to complete the permitted work and for the purpose of carrying out the Act without the use of taxpayer funds. The guidance announced in this notice provides direction to applicants on fulfilling the financial assurance component of Good Samaritan permits.
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<title>Federal Register, Volume 91 Issue 43 (Thursday, March 5, 2026)</title>
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[Federal Register Volume 91, Number 43 (Thursday, March 5, 2026)]
[Notices]
[Pages 10806-10807]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04386]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2025-0586; 12864-02-OLEM]
Financial Assurance Guidance for the Good Samaritan Remediation
of Abandoned Hardrock Mines Act of 2024
AGENCY: Environmental Protection Agency (EPA).
ACTION: Public Notification.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
announcing the availability of the final guidance titled ``Guidance on
Financial Assurance Requirements in the Good Samaritan Remediation of
Abandoned Hardrock Mines Act of 2024.'' The Good Samaritan Remediation
of Abandoned Hardrock Mines Act of 2024 (the Act) establishes a pilot
program authorizing the Administrator of the EPA, among other things,
to grant up to 15 Good Samaritan permits for low-risk projects designed
to remediate abandoned hardrock mine sites. The Administrator may grant
a permit only if, among other considerations, the applicant for that
permit has demonstrated to the satisfaction of the Administrator that
the applicant has, or has access to, the financial resources to
complete the project or has established a third-party financial
assurance mechanism. In the event a Good Samaritan does not complete
permit requirements, financial assurance funds secured under a third-
party mechanism are intended to provide funding to complete the
permitted work and for the purpose of carrying out the Act without the
use of taxpayer funds. The guidance announced in this notice provides
direction to applicants on fulfilling the financial assurance component
of Good Samaritan permits.
DATES: The guidance is effective on March 5, 2026.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OLEM-2025-0586, is available online
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional information about dockets
generally, along with instructions for visiting the docket in-person,
is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Jamey Watt, Office of Mountains,
Deserts and Plains, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Mail Code 5106P, Washington, DC 20460; telephone number: (202)
566-0196; email address: <a href="/cdn-cgi/l/email-protection#acdbcdd8d882c6cdc1c9d5ecc9dccd82cbc3da"><span class="__cf_email__" data-cfemail="2c5b4d585802464d4149556c495c4d024b435a">[email protected]</span></a>.
[[Page 10807]]
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public in general; although this
action may be of particular interest to those persons seeking a permit
to remediate abandoned hardrock mine sites under the Act. Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult the appropriate person listed under FOR
FURTHER INFORMATION CONTACT.
B. What is the Agency's authority for taking this action?
EPA is issuing this guidance pursuant to its authority under The
Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024, 138
Stat. 1692--Public Law 118-155, Sections 4(b)(1)(E)(i) and
4(m)(1)(A)(vi)(III).
C. What action is the Agency taking?
EPA is announcing the availability of the final guidance. On August
13, 2025, EPA published a Federal Register Notice for 30-day comment on
draft Financial Assurance Guidance for the Good Samaritan Remediation
of Abandoned Hardrock Mines Act of 2024 (90 FR 38975). The comment
period closed on September 12, 2025. Responses to comments can be found
under docket ID EPA-HQ-OLEM-2025-0586-0013. Based on comments received,
EPA made appropriate revisions to the Good Samaritan Financial
Assurance Guidance. Those changes are noted in the response to comment
document. The final Good Samaritan Financial Assurance Guidance can be
found under docket ID EPA-HQ-OLEM-2025-0012 and is also posted on EPA's
Good Samaritan website at <a href="https://www.epa.gov/cleanups/good-samaritan-remediation-abandoned-hardrock-mines-program">https://www.epa.gov/cleanups/good-samaritan-remediation-abandoned-hardrock-mines-program</a>.
D. Does this guidance document impose binding requirements?
As guidance, these documents are not binding on the Agency or any
outside parties, and the Agency may depart from these documents where
circumstances warrant and without prior notice. While EPA has made
every effort to ensure the accuracy of the discussion in the guidance,
the obligations of EPA and the regulated community are determined by
statutes, regulations, or other legally binding documents. In the event
of a conflict between the discussion in the guidance documents and any
statute, regulation, or other legally binding document, the guidance
documents will not be controlling.
Lee Zeldin,
Administrator.
[FR Doc. 2026-04386 Filed 3-4-26; 8:45 am]
BILLING CODE 6560-50-P
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