[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2680 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2680

 To amend the Reclamation Projects Authorization and Adjustment Act of 
 1992 to require the Secretary of the Interior to take certain actions 
 to address environmental problems associated with the Leadville Mine 
   Drainage Tunnel in the State of Colorado, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2008

  Mr. Salazar introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Reclamation Projects Authorization and Adjustment Act of 
 1992 to require the Secretary of the Interior to take certain actions 
 to address environmental problems associated with the Leadville Mine 
   Drainage Tunnel in the State of Colorado, and for other purposes.

    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 ``Leadville Mine Drainage Tunnel 
Environmental Improvement Act of 2008''.

SEC. 2. LEADVILLE MINE DRAINAGE TUNNEL.

    Section 705 of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) is amended 
to read as follows:

``SEC. 705. LEADVILLE MINE DRAINAGE TUNNEL.

    ``The Secretary shall operate and maintain the Leadville Mine 
Drainage Tunnel in a manner that protects human health and 
environment.''.

SEC. 3. WATER QUALITY INVESTIGATIONS.

    Section 708 of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4657) is 
amended--
            (1) by striking sections (a) through (d) and inserting the 
        following:
    ``(a) Definition of Study Area.--In this section, the term `study 
area' includes--
            ``(1) the Leadville Mine Drainage Tunnel;
            ``(2) groundwater and surface water, including tributaries, 
        affected by any blockage of that Tunnel; and
            ``(3) the upper Arkansas River watershed, from the 
        headwaters of the east fork of that River to the confluence 
        with Two-Bit Gulch.
    ``(b) Study and Report.--The Secretary, in cooperation with the 
State of Colorado, the Administrator of the Environmental Protection 
Agency, and other Federal agencies, shall--
            ``(1) investigate the study area; and
            ``(2) not later than 1 year after the date of enactment of 
        the Leadville Mine Drainage Tunnel Environmental Improvement 
        Act of 2008, and annually thereafter until the study required 
        by this section is complete, submit to the State, the 
        Administrator, and Congress a report that describes whether, 
        and how, any blockages in the Leadville Mine Drainage Tunnel 
        have affected, or are affecting, water quality and aquatic life 
        in the study area.'';
            (2) in subsection (e), by striking ``(e) Nothing'' and 
        inserting the following:
    ``(c) CERCLA.--Nothing''; and
            (3) by striking subsection (f) and inserting the following:
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated--
            ``(1) to carry out section 707, such sums as are necessary; 
        and
            ``(2) to carry out this section--
                    ``(A) $500,000 for use in planning and carrying out 
                investigations; and
                    ``(B) such additional sums as are necessary.''.

SEC. 4. ENVIRONMENTAL REMEDIATION.

    Title VII of the Reclamation Projects Authorization and Adjustment 
Act of 1992 (Public Law 102-575; 106 Stat. 4655) is amended by adding 
at the end the following:

``SEC. 709. ENVIRONMENTAL REMEDIATION.

    ``(a) Mine Pool.--The Secretary, in conjunction with the 
Administrator of the Environmental Protection Agency and the State of 
Colorado, shall--
            ``(1) immediately take such actions as are necessary to 
        reduce the water level in the mine pool associated with the 
        Leadville Mine Drainage Tunnel, in a manner consistent with 
        subsection (b), to prevent the risk of a catastrophic rupture 
        and flood; and
            ``(2) thereafter, take such actions as are necessary--
                    ``(A) to maintain the water level in the mine pool 
                at a safe level; and
                    ``(B) prevent further mine pool migration.
    ``(b) California Gulch Superfund Site Operable Unit 6.--
            ``(1) In general.--As soon as practicable after the date of 
        enactment of this section, the Secretary, in conjunction with 
        the Administrator of the Environmental Protection Agency and 
        the State of Colorado, shall implement those portions of the 
        remedy selected by the Administrator of the Environmental 
        Protection Agency, dated September 2003, and any modifications 
        or amendments to the remedy, including explanations of 
        significant differences, for the California Gulch Superfund 
        Site that pertain to managing the Leadville Mine Drainage 
        Tunnel and related mine pool.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $40,000,000.''.

SEC. 5. TECHNICAL AMENDMENTS.

    The table of contents for the Reclamation Projects Authorization 
and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4600) is 
amended--
            (1) by striking the item relating to section 705 and 
        inserting the following:

``Sec. 705. Leadville Mine Drainage Tunnel.'';
        and
            (2) by adding at the end of the items relating to title VII 
        the following:

``Sec. 709. Environmental remediation.''.
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