[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3404 Reported in Senate (RS)]

                                                       Calendar No. 606
111th CONGRESS
  2d Session
                                S. 3404

                          [Report No. 111-320]

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2010

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

                           September 27, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Leadville Mine Drainage 
Tunnel Act of 2010''.</DELETED>

<DELETED>SEC. 2. TUNNEL MAINTENANCE.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 705. TUNNEL MAINTENANCE.</DELETED>

<DELETED>    ``The Secretary shall take such steps to repair and 
maintain the structural integrity of the Leadville Mine Drainage Tunnel 
as may be necessary to maintain the Leadville Mine Drainage Tunnel in 
safe condition and to preclude uncontrolled release of 
water.''.</DELETED>

<DELETED>SEC. 3. WATER QUALITY RESTORATION.</DELETED>

<DELETED>    (a) In General.--Section 708(a) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 
106 Stat. 4657) is amended--</DELETED>
        <DELETED>    (1) by striking ``(a) The Secretary'' and 
        inserting the following:</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Authorization.--The Secretary'';</DELETED>
        <DELETED>    (2) by striking ``Neither'' and inserting the 
        following:</DELETED>
        <DELETED>    ``(2) Liability.--Neither'';</DELETED>
        <DELETED>    (3) by striking ``The Secretary shall have'' and 
        inserting the following:</DELETED>
        <DELETED>    ``(3) Facilities covered under other laws.--
        </DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall have'';</DELETED>
        <DELETED>    (4) by inserting after ``Recovery Act.'' the 
        following:</DELETED>
                <DELETED>    ``(B) Reclamation treatment plant.--The 
                Secretary may treat water delivered through the 
                Leadville Mine Drainage Tunnel (referred to in this 
                paragraph as the `Tunnel'), including--</DELETED>
                        <DELETED>    ``(i) surface water diverted into 
                        the Tunnel; or</DELETED>
                        <DELETED>    ``(ii) water collected by the 
                        dewatering relief well installed in June of 
                        2008.</DELETED>
        <DELETED>    ``(3) Authorization of secretary.--The Secretary 
        may--</DELETED>
                <DELETED>    ``(A) improve and expand the Reclamation 
                Treatment Plant; and</DELETED>
                <DELETED>    ``(B) develop processes under which the 
                treatment of any water in the Treatment Plant 
                (excluding historical flows through the Tunnel and 
                water collected by the dewatering relief well installed 
                in June of 2008) could be made a reimbursable 
                expense.</DELETED>
        <DELETED>    ``(4) Duty of secretary.--If the Administrator of 
        the Environmental Protection Agency proposes to amend or issue 
        a new Record of Decision for operable unit 6, the Administrator 
        shall consult with the Secretary on each feature of the 
        proposed new or amended Record of Decision that may require 
        alterations to, or otherwise affect, the operation or 
        maintenance of the Tunnel or Reclamation Treatment Plant.''; 
        and</DELETED>
        <DELETED>    (5) by striking ``For the purpose of'' and 
        inserting the following:</DELETED>
        <DELETED>    ``(5) Definition of upper arkansas river basin.--
        In''.</DELETED>
<DELETED>    (b) 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 705 and 
707''.</DELETED>
<DELETED>    (c) 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 705 and inserting the following:</DELETED>

<DELETED>``Sec. 705. Tunnel maintenance.''.

</DELETED>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.''.
                                                       Calendar No. 606

111th CONGRESS

  2d Session

                                S. 3404

                          [Report No. 111-320]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                           September 27, 2010

                       Reported with an amendment