[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4961 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4961

   To establish the Coeur d'Alene Basin Restoration Corporation and 
 authorize the Corporation to undertake all actions necessary for the 
 cleanup of mining wastes and the restoration of natural resources in 
the watershed encompassing the Coeur d'Alene River, Coeur d'Alene Lake, 
   and its tributaries, and the Spokane River in northern Idaho and 
                          western Washington.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 12, 1994

 Mr. LaRocco introduced the following bill; which was referred jointly 
to the Committees on Natural Resources, Energy and Commerce, and Public 
                        Works and Transportation

_______________________________________________________________________

                                 A BILL


 
   To establish the Coeur d'Alene Basin Restoration Corporation and 
 authorize the Corporation to undertake all actions necessary for the 
 cleanup of mining wastes and the restoration of natural resources in 
the watershed encompassing the Coeur d'Alene River, Coeur d'Alene Lake, 
   and its tributaries, and the Spokane River in northern Idaho and 
                          western Washington.

    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 ``Coeur d'Alene Basin and Spokane 
River Restoration Act of 1994''.

SEC. 2. PURPOSES.

    It is the purpose of this Act--
            (1) to provide for the conservation, remediation, and 
        restoration of the Coeur d'Alene Basin and Spokane River 
        watersheds to the extent necessary to repair and mitigate 
        damages caused by mining wastes generated in the Coeur d'Alene 
        Basin, and to enhance the resources of the Coeur d'Alene Basin 
        and Spokane River;
            (2) to create the Coeur d'Alene Basin Restoration 
        Corporation and to authorize it to carry out the purposes of 
        the Act; and
            (3) to authorize the funds necessary to implement the 
        provisions of this Act.

SEC. 3. COEUR D'ALENE BASIN RESTORATION CORPORATION.

    (a) Establishment of Corporation.--There is authorized to be 
established a nonprofit corporation, to be known as the ``Coeur d'Alene 
Basin Restoration Corporation'', which (1) shall have its offices in 
the Coeur d'Alene Basin, (2) shall carry out its functions and 
responsibilities in accordance with the provisions of this Act, (3) 
shall continue in force and effect in accordance with the provisions of 
this Act, and (4) will not be considered an agency or establishment of 
the United States Government for the purpose of any Federal law.
    (b) Board of Directors.--(1) The Corporation shall have a Board of 
Directors (hereinafter in this Act referred to as the ``Board'') 
consisting of 5 members: one to be appointed by the State of Idaho; one 
to be appointed by the Coeur d'Alene Tribe; one to be appointed by the 
trustees established pursuant to the settlement agreement of May 31, 
1986, entered in State of Idaho v. Bunker Hill Co. et al., Case No. 83-
3161 (D. Idaho); one to be appointed jointly by the Secretary of 
Agriculture and the Secretary of the Interior, as trustees of Federal 
natural resources within the Coeur D'Alene Basin; and one to be 
appointed by the Administrator of the United States Environmental 
Protection Agency. The appointments shall be made in accordance with 
the particular laws governing the actions of the State, the Tribe, and 
the United States.
    (2) Each member of the Board shall serve for a term of 3 years. The 
members of the Board shall elect from among themselves a chairman. The 
appointment as chairman shall be for the term of one year, and shall be 
rotated equally among the members of the Board. The compensation of the 
members shall be fixed by the Board. The members of the Board shall not 
be deemed to be officers or employees of the United States for any 
purpose: Provided, That Board members appointed by the Administrator, 
the Secretary of Agriculture, or the Secretary of the Interior may be 
officers or employees of the United States. The Board may indemnify its 
officers, attorneys, agents, and employees for liabilities and expenses 
incurred in connection with the individuals' corporate activities.
    (3) All actions and decisions of the Board shall be made by 
consensus of the 5 members of the Board. The Board shall meet at the 
call of the Chairman or upon request of any 3 members of the Board.
    (4) The Board shall adopt and, as appropriate, amend or repeal, 
appropriate procedures governing the manner in which its corporate 
business may be conducted, including but not limited to the appointment 
of corporate officers, fixing compensation, assigning and delegating 
duties to corporate personnel. The Board shall make available to the 
public a statement of its organization, practices, and procedures.
    (5) As necessary to effectuate the purposes of this Act, the Board, 
without regard to Federal laws governing reduction of paperwork, 
acquisition of property and administrative services, gifts, or public 
buildings, may (A) acquire real property, including but not limited to 
patents and proprietary data, as necessary in the transaction of its 
business; (B) sell, lease, or otherwise dispose of real and personal 
property; (C) enter into contracts, agreements, and other arrangements, 
including financial assistance for professional services, supplies, 
construction, maintenance, management, and operation of equipment; (D) 
accept gifts and donations of services and property including, but not 
limited to, the use, possession, and control of real or personal 
property of the United States that the President considers necessary 
for achieving the purposes of this Act and transfers to the Board; and 
(E) conduct surveys, collect information, and otherwise monitor 
activities.
    (6) The Board may sue, and may be sued as expressly provided in 
this Act, and shall be represented by its own attorneys in all judicial 
and administrative proceedings and, in any such proceedings, the Board 
shall have exclusive authority to direct its corporate attorneys in the 
discharge of their duties. In any court suit or action to which the 
Corporation is a party, monetary damages shall be the sole and 
exclusive remedy available against the Corporation and, in the event of 
any judgment against or settlement involving the Corporation, such 
judgment may only be paid from the Corporation's appropriated funds. 
The Board may use binding arbitration or other dispute resolution 
processes and may settle or adjust any corporate claims or contractual 
obligations without review or approval of the Attorney General of the 
United States. Notwithstanding any other law, the courts of the United 
States shall have original and exclusive jurisdiction over all civil 
actions by or against the Corporation, provided the Corporation may 
intervene in any court in any suit, action, or proceeding in which it 
has an interest. The Board may exempt information from mandatory 
release under the Federal law if it determines that the information if 
publicly released would harm the Corporation's interests.
    (c) Financial Statements.--The Corporation shall prepare annual 
financial statements in accordance with generally accepted accounting 
principles and shall be audited annually by an independent certified 
public accountant chosen by the Board. The Comptroller General, auditor 
for the State of Idaho, and/or auditor for the Coeur d'Alene Tribe may 
review any audit and may report to the Board, as well as the Congress, 
on the results of such reviews, including appropriate recommendations, 
if any, if a report, provided that neither the Comptroller General, the 
auditor for the State of Idaho and auditor for the Coeur d'Alene Tribe 
shall not have authority to withhold from the Corporation or impound 
any funds provided under this Act.
    (d) General Provisions.--(1) The Board shall have no power to issue 
any shares of stock, or to declare or pay any dividends.
    (2) No part of the income of assets of the Corporation shall inure 
to the benefit of the members of the Board, any employee of the 
Corporation, or any other individual except as salary or reasonable 
compensation for services.
    (3) The Corporation may not contribute to or otherwise support any 
political party or candidate for elective public office.
    (4) The Board shall make annual reports to Congress on the status 
of the Restoration Plan and its implementation.

SEC. 4. COEUR D'ALENE BASIN ADVISORY COMMITTEE.

    (a) Establishment.--In conjunction with the Board, there shall be 
established an advisory group known as the ``Coeur d'Alene Basin 
Advisory Committee'', which shall have the function and responsibility 
of advising the Board in its actions. The Advisory Committee shall not 
be considered an agency or instrumentality of the United States for the 
purpose of any Federal law. The membership of the Advisory Committee, 
as determined appropriate by the Board, may consist of the following 
members: (1) a representative of the Washington Department of Ecology; 
(2) a representative of each interested Federal agency; (3) a 
representative of each interested State agency; (4) a representative of 
each interested tribal agency; (5) a representative of each affected 
local government; (6) representatives of affected industries within the 
Coeur d'Alene Basin or Spokane River drainage; and (7) representatives 
of the general public.
    (b) Membership.--The members of the Advisory Committee shall be 
appointed by, and serve at the pleasure of, the Board. The members of 
the Advisory Committee shall appoint a chairman from among their 
members. The appointment as chairman shall be for the term of one year, 
and shall be rotated equally among the members of the Committee. The 
members of the Advisory Committee shall serve without compensation. The 
members of the Advisory Committee shall not be deemed to be officers or 
employees of the United States for any purpose: Provided, That members 
appointed by any Federal agency may be officers or employees of the 
United States.
    (c) General Provisions.--The Advisory Committee shall meet at the 
call of the chairman of the Advisory Committee, the call of the Board, 
or at the request of a majority of the members of the Advisory 
Committee. The Advisory Committee shall determine its organization and 
prescribe its practices and procedures for carrying out its functions 
and responsibilities under this Act. The Advisory Committee shall make 
available to the public a statement of its organization, practices, and 
procedures.

SEC. 5. ADVISORY GROUPS.

    In addition to the Advisory Committee, the Board may create such 
technical advisory groups as it deems necessary or prudent to assist 
the Board in the fulfillment of its duties under this Act. Members of 
technical advisory groups shall serve without compensation, and shall 
not be deemed to be officers or employees of the United States for any 
purpose: Provided, That members appointed by any Federal agency may be 
officers or employees of the United States.

SEC. 6. BASIN RESTORATION PLAN.

    (a) Preparation.--Within 5 years after the Corporation is 
established, the Board shall prepare and adopt a Basin Restoration 
Plan. The plan shall set forth a comprehensive strategic plan of action 
for the protection of human health and welfare and the restoration and 
enhancement of land, fish, wildlife, biota, air, water, ground water, 
drinking water supplies, and other such resources within the Coeur 
d'Alene Basin and the Spokane River. The plan shall (1) identify all 
existing point and nonpoint sources of mining waste discharges and 
other pollution discharges into the waters of the Coeur d'Alene Basin 
and the Spokane River; (2) inventory existing projects and activities 
intended to restore, remediate, or prevent damages from mining waste 
pollution and other pollution; and (3) identify additional projects 
needed to restore, remediate, or prevent damages from mining waste 
pollution and other pollution within the Coeur d'Alene Basin and the 
Spokane River.
    (b) Existing Studies and Plans.--The Board shall use and 
incorporate existing studies and plans prepared by State, tribal and 
Federal agencies for the restoration of the Coeur d'Alene Basin and the 
Spokane River to the extent that it is practicable to do so.
    (c) Implementation of Basin Restoration Plan.--
            (1) The Board shall arrange for the coordinated 
        implementation of the plan by the State, tribal, Federal, and 
        private parties participating in the Advisory Committee.
            (2) The Board may make grants to State, tribal, Federal, 
        and private parties for the purposes of implementing the plan.
            (3) The Board may directly implement the plan using 
        Corporation employees or independent contractors.
            (4) Nothing in this section is intended to prevent the 
        implementation of ongoing projects by other agencies or parties 
        to restore, remediate, or prevent damages from mining wastes 
        and other pollutants in the Coeur d'Alene Basin and the Spokane 
        River. Nor is this section intended to prevent the Board from 
        implementing restoration projects on an interim basis prior to 
        completion of the plan.
            (5) The Board shall monitor the effectiveness of actions 
        taken pursuant to the plan, and modify the plan where necessary 
        or appropriate.
            (6) The Board shall have authority to enter into such joint 
        power agreements with State, tribal, and Federal governments as 
        are necessary to implement the Basin Restoration Plan.
    (d) Application of Liability and Permitting Requirements.--
            (1) This Act expressly preempts any conflicting Federal, 
        State, or local laws, and in preparing and implementing the 
        plan, the Corporation shall be exempt from any liability for 
        the costs of removing or remediating releases of hazardous 
        materials, or for damages to natural resources caused by the 
        release of hazardous materials, including but not limited to 
        the liability provisions of section 9607 of title 42 of the 
        United States Code, and any amending or successor legislation.
            (2) No Federal, State, tribal, or local permit shall be 
        required for any project conducted under the authorities of 
        this Act for the purpose of implementing the restoration plan 
        prepared by the Board.
            (3) No project shall proceed under the authorities of this 
        Act, until the Board determines that the project meets all 
        standards, requirements, criteria, or limitations under all 
        Federal environmental laws, including, but not limited to, the 
        Toxic Substances Control Act, the Safe Drinking Water Act, the 
        Clean Air Act, the Clean Water Act, the Solid Waste Disposal 
        Act. In addition, the Board must determine that the project 
        meets or exceeds all standards, requirements, criteria, or 
        limitations under all applicable State and tribal environmental 
        or facility siting laws if such laws are more stringent than 
        the Federal standards, requirements, criteria, or limitations.
    (e) Public Information and Consultation.--The Board shall maintain 
comprehensive programs to inform the general public of its actions, and 
to solicit public comment in the preparation, adoption, and 
implementation of the restoration plan.
    (f) Cooperation With Other Agencies.--The Board shall coordinate 
its actions in the preparation and implementation of the plan with 
other agencies empowered by State, tribal, or Federal governments to 
restore, remediate, or prevent damages from mining wastes or other 
pollutants within the Coeur d'Alene Basin and Spokane River.

SEC. 7. FUNDING OF COEUR D'ALENE BASIN RESTORATION CORPORATION AND 
              AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The activities of the Corporation shall be jointly 
funded through a combination of congressional appropriations and 
private contributions from companies that have been involved with 
mining activities in the Coeur d'Alene Basin.
    (b) Trust Fund.--There is created on the books of the Treasury of 
the United States a trust fund to be known as the ``Coeur d'Alene Basin 
Restoration Fund'', which shall be administered by the Board. The Fund 
shall consist of (1) amounts appropriated by Congress pursuant to this 
Act, (2) amounts contributed by the mining companies of the Coeur 
d'Alene Basin pursuant to this Act, and (3) any interest accruing from 
monies deposited into the Coeur d'Alene Basin Restoration Fund. Moneys 
in the trust fund may be used to fulfill the purposes of this Act, and 
shall be available only when appropriated therefor. Funds authorized 
under this Act shall remain available until expended.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Coeur d'Alene Basin Restoration Fund such sums as 
may be necessary.

SEC. 8. SATISFACTION OR OFFSET AGAINST MINING COMPANIES LIABILITY.

    (a) Satisfaction of Liabilities.--It is Congress' intent that the 
mining companies of the Coeur d'Alene Basin that contributed to the 
release of hazardous materials in the Coeur d'Alene Basin and Spokane 
River should contribute a fair portion of the cost of restoring natural 
resources in the Coeur d'Alene Basin and Spokane River. It is also 
Congress' intent that the mining companies of the Coeur d'Alene Basin 
should, upon payment of a fair contribution, be assured that no further 
liability for response costs or natural resource damages may be imposed 
upon them. Therefore, provided that the mining companies of the Coeur 
d'Alene Basin contribute an amount calculated to be the equivalent of 
25 percent of the total amount authorized by Congress pursuant to 
section 7(c), the companies shall be deemed to have satisfied all 
liabilities for response costs or natural resource damages within the 
Coeur d'Alene Basin and Spokane River that may otherwise be imposed on 
them under the terms of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, the Superfund Amendments and 
Reauthorization Act of 1986, and any amending or successor legislation.
    (b) Offset.--If the mining companies of the Coeur d'Alene Basin 
contribute an amount calculated to be less than 25 percent of the total 
amount appropriated by Congress pursuant to section 7(c), the companies 
shall be granted an offset for such amount against liabilities for 
response costs or natural resource damages within the Coeur d'Alene 
Basin and Spokane River that may otherwise be imposed on them under the 
terms of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, the Superfund Amendments and Reauthorization Act 
of 1986, and any amending or successor legislation.
    (c) Actions Under CERCLA.--Unless the companies satisfy their 
liabilities pursuant to subsection (a), the Corporation, the State, the 
tribe, and the United States may pursue all actions otherwise available 
to these entities under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 and any amending or successor 
legislation regardless of whether some or all of the Basin Restoration 
Plan is implemented in whole or part and such actions shall not 
constitute a double recovery. The companies shall be entitled to an 
offset to the extent provided by subsection (b).
    (d) Statutes of Limitation.--All applicable statutes of limitation 
for cost recovery and natural resource damage actions against the 
mining companies of the Coeur d'Alene Basin are tolled until January 1, 
2018.

SEC. 9. DISSOLUTION OF CORPORATION.

    Upon completion of the implementation of the restoration plan, the 
Board shall prepare a report to Congress describing the actions taken 
during its existence, and recommending further actions that may be 
needed to protect human health and welfare and water quality, natural 
resources, and fish and wildlife habitat within the Coeur d'Alene Basin 
and the Spokane River. Upon submission of the report, the existence of 
the Corporation shall terminate unless Congress takes further action to 
reauthorize the Corporation. In no case shall the Corporation continue 
to exist more than 20 years after the enactment of this Act into law.

SEC. 10. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``mining companies of the Coeur d'Alene 
        Basin'' means Gulf Resources and Chemical Corporation; Bunker 
        Limited Partnership; Minerals Corporation Idaho; Bunker Hill 
        Mining Company (U.S.) Inc.; BH Properties, Inc.; Hecla Mining 
        Company; Stauffer Chemical Company; Asarco, Inc.; Callahan 
        Mining Corporation; Coeur d'Alene Mines Corporation; Highland 
        Surprise Consolidated-Mining Company; Silver Bowl, Inc.; 
        Sunshine Precious Metals, Inc.; Union Pacific Railroad; Abot 
        Mining Company; American Silver Mining Company; Anaconda Mining 
        Company; Atlas Mining Company; Boulder Creek Mining Company; 
        Canyon Silver Mine, Inc.; Consolidated Silver Corp.; Day Mines, 
        Inc.; Dix Steel Company; Douglas Mining Company; CDA Crescent 
        Mining Company; Lovon Fausett; Broyles Bros. Drilling; Gold 
        Leaf Mining Corp.; Helena Silver Mines; Highland Surprise; 
        Hypothek Mining Co.; Mascot Silver-Lead; Nabob Silver Lead 
        Mines; Nevada Stewart Mining Co.; New Hilarity Mining Co.; 
        Sidney Mining Co.; Sunshine Mining Co.; and their successors 
        and assigns.
            (2) The term ``Coeur d'Alene Basin'' means the watershed in 
        northern Idaho containing the South Fork of the Coeur d'Alene 
        River, the mainstem of the Coeur d'Alene River, and Lake Coeur 
        d'Alene.
            (3) The term ``Spokane River'' means the Spokane River from 
        its origin at Lake Coeur d'Alene in northern Idaho to its 
        confluence with the Columbia River in eastern Washington.

SEC. 11. STATUTORY INTERPRETATION.

    Nothing in this section shall be interpreted to diminish or enlarge 
the jurisdiction or powers of any department or agency of the United 
States, any State, or any Indian Tribe. Nothing in this Act shall be 
interpreted as authorizing the Corporation to assume authority over 
existing or future remedial actions within the approximately 21-square-
mile facility known as the Bunker Hill National Priority List Superfund 
Site, nor shall it be interpreted as affecting any liability of the 
mining companies of the Coeur d'Alene Basin for such remedial actions. 
Nothing in this Act shall be interpreted as releasing the mining 
companies of the Coeur d'Alene Basin from liability for any releases of 
hazardous materials that may occur as the result of future acts or 
events, nor shall any money appropriated under the authorities of this 
Act be used to clean up, remove, or remediate such releases. The 
release of the mining companies of the Coeur d'Alene Basin from 
liability extends only to releases of hazardous materials prior to the 
date of this Act or continuing and future releases that may occur as 
the result of activities occurring prior to the date of this Act.
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HR 4961 IH----2