II Calendar No. 606 111th CONGRESS 2d Session S. 3404 [Report No. 111–320] 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.
1.
Short title
This Act may be cited as the Leadville Mine Drainage Tunnel Act of 2010.
2.
Tunnel maintenance
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:
705.
Tunnel maintenance
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.
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3.
Water quality restoration
(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— (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)
Reclamation Treatment Plant
The Secretary may treat water delivered through the Leadville Mine Drainage Tunnel (referred to in this paragraph as the Tunnel), including— (i)surface water diverted into the Tunnel; or (ii)water collected by the dewatering relief well installed in June of 2008. (3)
Authorization of Secretary
The Secretary may— (A)improve and expand the Reclamation Treatment Plant; and (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. (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 (5)by striking For the purpose of and inserting the following: (5)
Definition of Upper Arkansas River basin
In . (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. (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: Sec. 705. Tunnel maintenance. .
1.
Short title
This Act may be cited as the Leadville Mine Drainage Tunnel Act of 2010..
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:
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).
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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. .
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 .
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.
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. .
September 27, 2010 Reported with an amendment