Notice2026-04386

Financial Assurance Guidance for the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024

Primary source

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Published
March 5, 2026
Effective
March 5, 2026

Issuing agencies

Environmental Protection Agency

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.

Full Text

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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&#160;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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Indexed from Federal Register on March 5, 2026.

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