[Senate Report 111-320]
[From the U.S. Government Publishing Office]
Calendar No. 606
111th Congress Report
SENATE
2d Session 111-320
======================================================================
LEADVILLE MINE DRAINAGE TUNNEL ACT
_______
September 27, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 3404]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 3404) to amend the Reclamation Projects
Authorization and Adjustment Act of 1992 to require the
Secretary of the Interior, acting through the Bureau of
Reclamation, to take actions to improve environmental
conditions in the vicinity of the Leadville Mine Drainage
Tunnel in Lake County, Colorado, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leadville Mine Drainage Tunnel Act
of 2010.''.
SEC. 2. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE.
Section 703 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) is amended
to read as follows:
``SEC. 703. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE.
``(a) Leadville Mine Drainage Tunnel--The Secretary shall take any
action necessary to maintain the structural integrity of the Leadville
Mine Drainage Tunnel--
``(1) to maintain public safety; and
``(2) to prevent an uncontrolled release of water.
``(b) Water Treatment Plant.--
``(1) In general.--Subject to section 705, the Secretary
shall be responsible for the operation and maintenance of the
water treatment plant authorized under section 701, including
any sludge disposal authorized under this title.
``(2) Authority to offer to enter into contracts.--In
carrying out paragraph (1), the Secretary may offer to enter
into 1 or more contracts with any appropriate individual or
entity for the conduct of any service required under paragraph
(1).''.
SEC. 3. REIMBURSEMENT.
Section 705 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) is
amended--
(1) by striking ``The treatment plant'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), the
treatment plant''; and
(2) by adding at the end the following:
``(b) Exception.--The Secretary may--
``(1) enter into an agreement with any other entity or
government agency to provide funding for an increase in any
operation, maintenance, replacement, capital improvement, or
expansion cost that is necessary to improve or expand the
treatment plant; and
``(2) upon entering into an agreement under paragraph (1)--
``(A) make any necessary capital improvement to or
expansion of the treatment plant; and
``(B) treat flows that are conveyed to the treatment
plant, including any--
``(i) surface water diverted into the
Leadville Mine Drainage Tunnel; and
``(ii) water collected by the dewatering
relief well installed in June 2008.''.
SEC. 4. USE OF LEADVILLE MINE DRAINAGE TUNNEL AND TREATMENT PLANT.
Section 708(a) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4657) is
amended--
(1) by striking ``(a) The Secretary'' and inserting the
following:
``(a) In General.--
``(1) Authorization.--The Secretary'';
(2) by striking ``Neither'' and inserting the following:
``(2) Liability.--Neither'';
(3) by striking ``The Secretary shall have'' and inserting
the following:
``(3) Facilities covered under other laws.--
``(A) In general.--Except as provided in subparagraph
(B), the Secretary shall have'';
(4) by inserting after ``Recovery Act.'' the following:
``(B) Exception.--If the Administrator of the
Environmental Protection Agency proposes to amend or
issue a new Record of Decision for operable unit 6 of
the California Gulch National Priorities List Site, the
Administrator shall consult with the Secretary with
respect to each feature of the proposed new or amended
Record of Decision that may require any alteration to,
or otherwise affect the operation and maintenance of--
``(i) the Leadville Mine Drainage Tunnel; or
``(ii) the water treatment plant authorized
under section 701.
``(4) Authority of secretary.--The Secretary may implement
any improvement to, or new operation of, the Leadville Mine
Drainage Tunnel or water treatment plant authorized under
section 701 as a result of a new or amended Record of Decision
only upon entering into an agreement with the Administrator of
the Environmental Protection Agency or any other entity or
government agency to provide funding for the improvement or new
operation.''; and
(5) by striking ``For the purpose of'' and inserting the
following:
``(5) Definition of upper arkansas river basin.--In''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 708(f) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4657) is amended
by striking ``sections 707 and 708'' and inserting ``this section and
sections 703, 705, and 707''.
SEC. 6. CONFORMING AMENDMENT.
The table of contents of title VII of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat.
4601). is amended by striking the item relating to section 703 and
inserting the following:
``Sec. 703. Tunnel maintenance; operation and maintenance.''.
Purpose
The purpose of S. 3404 is to amend the Reclamation Projects
Authorization and Adjustment Act of 1992 to require the
Secretary of the Interior, acting through the Bureau of
Reclamation, to take actions to improve environmental
conditions in the vicinity of the Leadville Mine Drainage
Tunnel in Lake County, Colorado, and for other purposes.
Background and Need
The Bureau of Mines (BOM) constructed the Leadville Mine
Drainage Tunnel (LMDT) in the 1940s and 1950s to drain water
from mines in the Leadville, Colorado area. In 1959, the Bureau
of Reclamation, (``Reclamation'') took ``full custody,
accountability, and future responsibility'' for the LMDT.
Reclamation's original purpose in acquiring the LMDT was to
obtain additional water for the Fryingpan-Arkansas Reclamation
Project, which was authorized in 1962, but this plan never
materialized.
In 1992, to implement a settlement of litigation involving
Clean Water Act violations related to discharge from the LMDT,
through title VII of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575), Congress
authorized Reclamation to construct a treatment plant to clean
up discharge from the LMDT. The 1992 law specified that
Reclamation's treatment plant shall be constructed to treat the
quantity and quality of effluent ``historically discharged''
from the LMDT.
In 1983, a significant portion of the Leadville area, known
as the California Gulch National Priority List Site, was
designated as a Superfund site. The LMDT is hydraulically
connected to certain Superfund units within the site. In 2003,
the Environmental Protection Agency (``EPA'') issued a Record
of Decision for one of the Superfund units that implicated the
operations of the treatment plant and led to uncertainty with
respect to Reclamation's authority to treat additional water at
the plant. EPA is in the process of developing a revised water
management plan and Record of Decision that may reduce the long
term need to utilize the treatment plant and drainage tunnel.
In 2008, Reclamation and EPA developed a short-term plan to
drill a relief well to dewater the LMDT and treat the pooled
water at Reclamation's existing treatment plant. S. 3404 would
clarify Reclamation's authority to treat water delivered
through the LMDT and to maintain and expand the existing
treatment plant. During the legislative hearing on the bill the
Bureau of Reclamation indicated a commitment to ensuring that
the facility remain safe, but was opposed to moving forward
with legislation prior to development of the new Record of
Decision and expressed the need to avoid expanding
Reclamation's potential liability under CERCLA.
Legislative History
Senator Mark Udall introduced S. 3404 on May 24, 2010. The
House companion measure, H.R. 3123, sponsored by Representative
Lamborn, passed the House of Representatives by voice vote on
September 29, 2009. The Subcommittee on Water and Power held a
hearing on S. 3404 on June 9, 2010. At its business meeting on
August 5, 2010, the Committee on Energy and Natural Resources
ordered S. 3404 favorably reported with an amendment in the
nature of a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on August 5, 2010, by voice vote of a quorum
present, recommends that the Senate pass S. 3404, if amended as
described herein.
Committee Amendment
During its consideration of S. 3404, the Committee adopted
an amendment. The amendment clarifies that the Secretary of the
Interior is authorized to improve or expand the treatment plant
as necessary to treat additional water above historical flows
that are being conveyed to and treated by the existing
treatment plant only if the secretary has entered into a
funding agreement with another entity or governmental agency.
The amendment also provides that the EPA shall consult with the
Secretary regarding a proposed new or amended Record of
Decision that affects the operation and maintenance of the
drainage tunnel or treatment plant.
Section-by-Section Analysis
Section 1 provides the short title of the bill.
Section 2 amends section 703 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575)
to specify that the Secretary of Interior shall take any action
necessary to maintain the structural integrity of the Leadville
Mine Drainage Tunnel to maintain public safety and prevent an
uncontrolled release of water. Section 2 also provides
authority to the Secretary of Interior to operate and maintain
a water treatment plant to contract for such services subject
to certain requirements.
Section 3 amends section 705 of Public Law 102-575 to
specify that the Secretary may enter into an agreement with any
other entity or government agency to provide funding for
increased operation, maintenance, replacement, capital
improvement, or expansion cost that is necessary to improve or
expand the treatment plant. Upon entering into such agreement,
the Secretary may make necessary capital improvements or
expansions and may treat flows conveyed to the water treatment
plant that are in excess of the quantities historically
discharged into the tunnel, including surface water diverted
into the tunnel and water collected by the dewatering relief
well installed in June 2008.
Section 4 amends section 708 of Public Law 102-575 to
require the Administrator of the EPA to consult with
Reclamation on a new or amended Record of Decision that affects
the operation and maintenance of the drainage tunnel or the
water treatment plant. Section 4 also specifies that the
Secretary may implement any improvement to or new operation of
the tunnel or treatment plant only upon entering into an
agreement with the EPA or other entity or agency to provide
funding for the improvement or new operation.
Section 5 adds additional appropriation authority.
Section 6 provides for a conformed table of contents.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 3404--Leadville Mine Drainage Tunnel Act of 2010
CBO estimates that implementing S. 3404 would have no
significant impact on the federal budget. The bill would
require the Secretary of the Interior to maintain the
structural integrity of the Leadville Mine Drainage Tunnel,
located one mile north of Leadville, Colorado. Based on
information from the Bureau of Reclamation, CBO does not
anticipate that any costs would be incurred under the bill
beyond what the bureau will spend under current law to repair
and maintain the tunnel over the next several years. The bill
also would authorize the Secretary, if necessary, to seek
reimbursements from private or public entities for the cost of
expanding and operating the water treatment plant associated
with the Leadville Tunnel to handle any increased water
volumes.
Under the bill and subject to the availability of
appropriated funds, the Environmental Protection Agency (EPA)
also would be authorized to pay for any additional improvements
to the tunnel and water treatment plant as well as any increase
in associated operations and maintenance costs if such
improvements are required as part of EPA's plan to clean up the
California Gulch, a Superfund site located near the tunnel.
Under current law, any costs to treat and manage contaminated
water from the California Gulch would stern from an existing
federal responsibility; therefore, this provision would not
result in additional federal outlays.
Enacting S. 3404 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
S. 3404 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 3404.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 3404, as ordered reported.
Congressionally Directed Spending
S. 3404, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
Statement of Michael L. Connor, Commissioner, Bureau of Reclamation,
Department of the interior
Madam Chairwoman and Members of the Subcommittee, I am
Michael Connor, Commissioner of the Bureau of Reclamation
(Reclamation). I am pleased to provide the views of the
Department of the Interior (Department) on S. 3404, the
Leadville Mine Drainage Tunnel Act of 2010. The Administration
supports the sponsors' intent with this bill to ensure that the
Leadville Mine Drainage Tunnel (LMDT) poses no threat to public
safety and the environment, and to facilitate the clean-up of a
Superfund site in the vicinity. For reasons described below,
however, the Administration has both policy and technical
concerns about this bill and does not believe that legislation
is warranted at this time. We will continue to work with
Federal, State, and non-Federal parties on water resource
issues at the Leadville Mine Drainage Tunnel (LMDT).
The Department last testified before this Subcommittee on
legislation pertaining to the Leadville Mine Drainage Tunnel
(LMDT) on April 24, 2008. Since that time, Reclamation
completed a Risk Assessment analyzing potential dangers posed
by water blockages inside the tunnel, and worked cooperatively
with the U.S. Environmental Protection Agency (EPA) and
Colorado Department of Public Health and Environment (CDPHE) to
install additional drainage capability into the LMDT. We have
also held several public meetings with residents living near
the Leadville area to convey Reclamation's findings that the
LMDT is safe, and have continued an active dialogue with the
EPA as it revises the proposed remedy for Operable Unit 6 of
the California Gulch National Priority List (Superfund) Site,
which lies above the LMDT. We have also had very productive
interactions with Senator Udall's office on this legislation,
and we appreciate those discussions.
The Department has three principal concerns with the
language in S. 3404. First, we do not believe that the
requirement in Section 2 of the bill, which calls on the
Secretary of the Interior to take ``such steps to repair and
maintain the structural integrity of the LMDT as may be
necessary,'' takes into consideration Reclamation's 2008 Risk
Assessment. The Risk Assessment, completed in the Fall of 2008,
is described in greater detail below. Second, a determination
by the EPA and CDPHE was made in June of 2009 that portions of
the current remedy for Operable Unit 6 of the California Gulch
Superfund site are not efficient or sustainable, and the
agencies are proposing to change that remedy this year. EPA and
CDPHE jointly concluded that ``using the mine workings and the
[LMDT] to convey water cannot be relied on for the long-term.''
In view of this ongoing process, the Department also does not
believe that Section 3 of the bill, which contemplates new
responsibilities for the Secretary of the Interior to treat
additional flows of water diverted from the surface of Operable
Unit 6 into the Leadville Mine Drainage Tunnel, is appropriate.
Finally, Section 3 of the bill amends Section 708(a) of Public
Law 102-575 in a manner that could be construed as conferring
responsibility on the Secretary for facilities which have been
listed under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), or are subject to the
Resource Conservation and Recovery Act (RCRA). Reclamation is
not a Potentially Responsible Party for contamination at the
Leadville Superfund site, and believes that this language
serves to create that impression and could be construed as
creating liability where none currently exists.
The LMDT is located in Lake County, Colorado, and was
originally constructed by the Bureau of Mines from 1943 to
1952. It was intended to remove water from portions of the
Leadville Mining District to facilitate the extraction of lead
and zinc ore for the WWII and Korean War efforts. Reclamation
acquired the LMDT in 1959 with the intention of using the
tunnel as a source of water for what was then the proposed
Fryingpan-Arkansas project. Due to more senior existing claims
on the water, no water rights for the discharge were ever
obtained by Reclamation. The LMDT drainage discharges into the
East Fork of the Arkansas River.
In 1983, EPA listed the California Gulch Site on the
National Priorities List of Superfund sites. The 18-square-mile
area was divided into 12 areas called Operable Units (OU). The
LMDT is located beneath a portion of a surface unit, OU6, that
covers approximately 3.4 square miles in the northeastern
quadrant of the Site. Groundwater in the California Gulch area
is within a separate operable unit--designated OU12.
Reclamation holds title to the LMDT on behalf of the United
States, but does not own or operate any sources of
contamination on the surface of OU6 (i.e., waste rock or
tailings), or any portion of the surface itself.
As part of the implementation of an OU6 remedy proposed in
2003, EPA has been collecting surface runoff from mine waste
piles and discharging that surface runoff into the Marion
Shaft, where it moves through the mine workings to the LMDT.
This water is seasonal and totals approximately 3 to 5 million
gallons a year. It has proven to be possible for the
Reclamation plant to treat limited amounts of waters from OU6
for EPA pursuant to agreement and EPA's reimbursement. After
reviewing technical data suggesting that the remedy proposed in
2003 was neither effective nor sustainable, EPA in June 2009
announced that, in 2010, it planned to revise this proposed
2003 remedy, a process that is nearing completion today.
The new data sheds additional light on the complex site
hydrogeology, and suggests that the collection of water at the
surface and the diversion of portions of the water into
existing shafts, and to the LMDT, is not effective in the long
term. Seasonally, groundwater levels fluctuate near the LMDT.
Groundwater flows into the LMDT at numerous locations, and
flows out of the LMDT at the portal and also into surrounding
rock formations. In addition, EPA and CDPHE have determined
that the new remedy should prevent the generation of
contaminated surface waters in the first instance, thereby
alleviating the additional 3 to 5 million gallons of
contaminated surface water that is currently diverted through
shafts into the LMDT.
These characteristics also heavily influenced the findings
of Reclamation's 2008 Risk Assessment. The assessment's purpose
was to evaluate the stability and assess the risk associated
with the LMDT. Reclamation began its scientific Risk Assessment
in 2007, and when initial findings were available, they were
independently peer reviewed. The Risk Assessment utilized a
similar process to the one Reclamation uses to assess risk at
its dams, a model that is an international standard for
conducting risk assessments. The independent peer review
confirmed Reclamation's analysis that it is highly unlikely
that a sudden release of water could occur from either a
blockage in the LMDT, or through the bulkheads installed in the
tunnel. Moreover, the assessment concluded that even if an
existing natural blockage in the upper part of the LMDT failed
rapidly, a sudden release of water through the lower blockage
and bulkheads is unlikely.
When the Risk Assessment was published in the early Fall of
2008, it was posted on the Internet and distributed to the
media. Reclamation conducted three public meetings and sought
public comment on the findings. We remain confident in the
value of the Risk Assessment and the validity of its findings.
There are three sources of LMDT water currently entering
the treatment plant. First, the natural rate of drainage from
the tunnel portal is 500 gallons per minute (gpm), or 1.1 cubic
feet per second (cfs). Second, there is a well in the LMDT
about 1000 feet in from the portal that pumps about 500 gpm or
1.1 cfs directly to the treatment plant. And third, since June
of 2008, Reclamation has been receiving another 700 gpm or 1.6
cfs, accommodating the additional drainage capability via
another well installed by EPA about 4,700 feet in from the
portal. This well was installed in response to public concern
about rising water levels in the vicinity of the LMDT.
Reclamation has a maximum treatment plant capability to
process water at a rate of nearly 2,100 gpm from the LMDT or
4.8 cubic feet per second cfs. The NPDES permit for the
facility states that the 30-day Average LMDT discharge cannot
exceed 1,736 gpm or 3.89 cfs with a Daily Maximum ceiling of
2,313 gpm or 5.2 cfs.
As these actions illustrate, Reclamation is currently
managing safely all waters discharged to the LMDT.
Nevertheless, Reclamation has an Emergency Action Plan for the
LMDT and water treatment facility that has been in place since
2001 and is regularly updated. Water level indicators and other
warning systems near the LMDT are tied into the water treatment
plant's auto-dialer for employees, and an audible warning
system was installed in 2002 to alert the Village at East Fork
residents in the event of an emergency. The system plays an
alert message in Spanish and English.
We understand the concern of some in Colorado that
Reclamation may one day ``walk away'' from the work at
Leadville. I would like to affirm that Reclamation is committed
to assuring that the treatment plant, pumps and pipelines are
operated in a manner so as to protect public safety at the
LMDT. In addition to these actions, we support the process of
CDPHE and EPA to determine a water management portion of the
remedy at OU6 that is more effective than actions the agency
proposed in 2003. Recent studies conducted by EPA conclude that
using the mine workings and the LMDT to convey water cannot be
relied on for the long term, and that it is neither cost
effective nor efficient to treat diluted acid rock drainage
this way in perpetuity. Reclamation is awaiting the publication
by EPA of a revised Record of Decision, and believes no
legislation should be enacted until that process is complete.
As such, the Administration does not believe that S. 3404 is
warranted at this time.
At a minimum, if any legislation were to proceed, it should
be amended to address the issues raised herein.
This concludes my written statement. I am pleased to answer
any questions from the Subcommittee.
Changes in Existing Law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 3404, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992
Public Law 102-575 (106 Stat. 4663)
AN ACT To authorize additional appropriations for the construction of
the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan
Missouri Basin Program, Wyoming.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclamation Projects
Authorization and Adjustment Act of 1992''.
* * * * * * *
SEC. 2. DEFINITION AND TABLE OF CONTENTS.
For purposes of this Act, the term `Secretary' means the
Secretary of the Interior.
TABLE OF CONTENTS
Sec. 1. Short title.
* * * * * * *
TITLE VII--LEADVILLE MINE DRAINAGE TUNNEL, COLORADO
Sec. 701. Authorization.
Sec. 702. Costs nonreimbursable.
[Sec. 703. Operation and maintenance.]
Sec. 703. Tunnel maintenance; operation and maintenance.
* * * * * * *
TITLE VII--LEADVILLE MINE DRAINAGE TUNNEL, COLORADO
* * * * * * *
SEC. 703. OPERATION AND MAINTENANCE.
[The Secretary shall be responsible for operation and
maintenance of the water treatment plant, including sludge
disposal authorized by this title. The Secretary may contract
for these services.]
SEC. 703. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE.
(a) Leadville Mine Drainage Tunnel.--The Secretary shall
take any action necessary to maintain the structural integrity
of the Leadville Mine Drainage Tunnel--
(1) to maintain public safety; and
(2) to prevent an uncontrolled release of water.
(b) Water Treatment Plant.--
(1) In general.--Subject to section 705, the
Secretary shall be responsible for the operation and
maintenance of the water treatment plant authorized
under section 701, including any sludge disposal
authorized under this title.
(2) Authority to offer to enter into contracts.--In
carrying out paragraph (1), the Secretary may offer to
enter into 1 or more contracts with any appropriate
individual or entity for the conduct of any service
required under paragraph (1).
* * * * * * *
SEC. 705. LIMITATION.
[The treatment plant] (a) In General.--Except as provided
in subsection (b), the treatment plant authorized by this title
shall be designed and constructed to treat the quantity and
quality of effluent historically discharged from the Leadville
Mine Drainage Tunnel.
(b) Exception.--The Secretary may--
(1) enter into an agreement with any other entity or
government agency to provide funding for an increase in
any operation, maintenance, replacement, capital
improvement, or expansion cost that is necessary to
improve or expand the treatment plant; and
(2) upon entering into an agreement under paragraph
(1)--
(A) make any necessary capital improvement to
or expansion of the treatment plant; and
(B) treat flows that are conveyed to the
treatment plant, including any--
(i) surface water diverted into the
Leadville Mine Drainage Tunnel; and
(iii) water collected by the
dewatering relief well installed in
June 2008.
* * * * * * *
SEC. 708. WATER QUALITY RESTORATION.
[(a) The Secretary] (a) In General--.
(1) Authorization.--The Secretary is authorized, in
consultation with the State of Colorado, the
Administrator of the Environmental Protection Agency,
and other Federal entities, to conduct investigations
of water pollution sources and impacts attributed to
mining-related and other development in the Upper
Arkansas River basin, to develop corrective action
plans, and to implement corrective action demonstration
projects. [Neither]
(2) Liability.--Neither the Secretary nor any person
participating in a corrective action demonstration
project shall be liable under section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act for costs or damages as a result of
actions taken or omitted in the course of implementing
an approved work plan developed under this section;
Provided, That this subsection shall not preclude
liability for costs or damages which result from
negligence on the part of such persons. [The Secretary
shall have]
(3) Facilities covered under other laws.--
(A) In general.--Except as provided in
subparagraph (B), the Secretary shall have no
authority under this section at facilities
which have been listed or proposed for listing
on the National Priorities List, or are subject
to or covered by the Resource Conservation and
Recovery Act.
(B) Exception.--If the Administrator of the
Environmental Protection Agency proposes to
amend or issue a new Record of Decision for
operable unit 6 of the California Gulch
National Priorities List Site, the
Administrator shall consult with the Secretary
with respect to each feature of the proposed
new or amended Record of Decision that may
require any alteration to, or otherwise affect
the operation and maintenance of--
(i) the Leadville Mine
Drainage Tunnel; or
(ii) the water treatment
plant authorized under section
701.
(4) Authority of secretary.--The Secretary may
implement any improvement to, or new operation of, the
Leadville Mine Drainage Tunnel or water treatment plant
authorized under section 701 as a result of a new or
amended Record of Decision only upon entering into an
agreement with the Administrator of the Environmental
Protection Agency or any other entity or government
agency to provide funding for the improvement or new
operation. [For the purpose of]
(5) Definition of upper arkansas river basin._In this
section, the term 'Upper Arkansas River basin' means
the Arkansas River hydrologic basin in Colorado
extending from Pueblo Dam upstream to its headwaters.
* * * * * * *
(f) There is authorized to be appropriated such sums as may
be required to fulfill the provisions of [sections 707 and 708]
this section and sections 703, 705, and 707 of this title.
* * * * * * *