[Congressional Record Volume 154, Number 100 (Tuesday, June 17, 2008)]
[House]
[Pages H5430-H5431]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEADVILLE MINE DRAINAGE TUNNEL REMEDIATION ACT OF 2008
Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5511) to direct the Secretary of the Interior, acting
through the Bureau of Reclamation, to remedy problems caused by a
collapsed drainage tunnel in Leadville, Colorado, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5511
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. LEADVILLE MINE DRAINAGE TUNNEL REMEDIATION.
(a) Short Title.--This section may be cited as the
``Leadville Mine Drainage Tunnel Remediation Act of 2008''.
(b) Tunnel Remediation.--The Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575)
is amended as follows:
(1) By striking section 705.
(2) In section 708(a)--
(A) by striking ``(a)'' and inserting ``(a)(1)'';
(B) by striking ``The Secretary shall have'' and inserting
``Except as provided by paragraph (2), the Secretary shall
have''; and
(C) by adding at the end the following:
``(2) The Secretary shall participate in the implementation
of the operable unit 6 remedy for the California Gulch
Superfund Site, as such remedy is defined in the
Environmental Protection Agency's 2003 Record of Decision for
such operable unit, by--
``(A) treating water behind any blockage or bulkhead in the
Leadville Mine Drainage Tunnel, including surface water
diverted into the Tunnel workings as part of the remedy; and
``(B) managing and maintaining the mine pool behind such
blockage or bulkhead at a level that precludes surface runoff
and releases and minimizes the potential for tunnel failure
due to excessive water pressure in the tunnel.''.
(3) In section 708(f), by striking ``and 708'' and
inserting ``, 708, and 709''.
(4) By adding at the end of title VII the following:
``SEC. 709. TUNNEL MAINTENANCE.
``The Secretary shall take such steps to repair or maintain
the structural integrity of the Leadville Mine Drainage
Tunnel (LMDT) as may be necessary in order to prevent tunnel
failure and to preclude uncontrolled release of water from
any portion of the tunnel.''.
(5) In the table of sections contained in section 2--
(A) by striking the item relating to section 705; and
(B) by inserting after the item relating to section 708 the
following new item:
``Sec. 709. Tunnel maintenance.''.
THE SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Guam (Ms. Bordallo) and gentleman from Utah (Mr. Bishop) each will
control 20 minutes.
The Chair recognizes the gentlewoman from Guam.
General Leave
Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Guam?
There was no objection.
Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
H.R. 5511 was introduced by our colleague, Congressman Doug Lamborn
of Colorado. The bill, as amended, would direct the Bureau of
Reclamation to remedy problems caused by collapses in the Leadville
Mine Drainage Tunnel. Due to structural deterioration, contaminated
water has backed up in the tunnel posing a grave public health and
environmental threat.
This bill has received bipartisan support. We have no objection to
this noncontroversial bill. And I ask my colleagues to support its
passage.
I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support for the bill that was
introduced by our committee colleague, Doug Lamborn of Colorado. The
Leadville Mine Tunnel was supposed to be used for a nearby Federal
water project but has ended up becoming a public danger. It has been on
the verge of bursting and sending what is presumed to be chemical-laden
water toward local homes. The Bureau of Reclamation owns the tunnel and
must be responsible for resolving the situation. And that is what this
bipartisan bill accomplishes.
The Leadville Mine, addressed in this bill, was used during World War
II and the Korean War to supply critical metals to help our Nation.
Years ago, our Nation smartly invested in mining our natural resources.
Yet today, the mining industry is under attack by some and by many. And
the net effect, of course, has been to outsource U.S. jobs to countries
that have commonsense environmental regulations and an increase in
consumer prices to those here at home. It would be nice if Congress
would promote our own mining industry and not destroy it by 1,000 cuts.
America does deserve better.
This bill, though, solves a particular problem that is faced in
Colorado. It is a bipartisan bill. And I urge its adoption.
Mr. LAMBORN. Mr. Speaker, today is, an important day for the citizens
of Lake County and all residents of Colorado. They deserve to see what
the federal government will do to correct problems associated with the
Leadville Mine Drainage Tunnel.
The Leadville Mine Drainage Tunnel was originally constructed by the
federal Bureau of Mines in the 1940's and 1950's to facilitate the
extraction of lead and zinc ore for the World War II and the Korean War
efforts. The Bureau of Reclamation acquired the Tunnel in 1959 hoping
to use the tunnel as a source of water for the Frying pan-Arkansas
Project. Although the tunnel was never used for the Fryingpan-Arkansas
Project, water that flows out of the tunnel is considered part of the
natural flow of the Arkansas River.
[[Page H5431]]
With the passage and subsequent signing into law of H.R. 429 during
the 102nd Congress (1992), the Bureau of Reclamation constructed and
continues to operate a water treatment plant at the mouth of the
Tunnel.
Groundwater levels at the tunnel have fluctuated in recent years. In
addition, a collapse in the tunnel has increased the tunnel's mine pool
significantly, leading to new seeps and springs in the area. Estimates
suggest that up to 1 billion gallons of water may have built up within
the mine pool.
In November 2007, the Environmental Protection Agency sent a letter
to the Bureau of Reclamation expressing concerns over a catastrophic
blowout, and in February 2008, the Lake County Commissioners declared a
state of emergency.
We know that the Bureau of Reclamation is completing a risk
assessment in the area, and we look forward to reviewing that report.
Additionally, some emergency measures are currently being undertaken by
the Environmental Protection Agency and the Bureau of Reclamation to
relieve water pressure in the vicinity.
But many of the problems reported at this site are not new.
Legislation addressing this matter and authorizing the Secretary of the
Interior to rehabilitate this tunnel dates back to at least 1976.
In response to the request for action from the local community, I
worked together with Congressman Mark Udall from Colorado and
introduced H.R. 5511. This bill would direct the Bureau of Reclamation
to relieve water pressure behind certain blockages in the tunnel,
permanently manage the mine pool behind any blockage to prevent
releases of contaminated water, and manage the tunnel in such a way to
prevent failure of the structure.
I look forward to seeing this situation remedied so that concerns
about human safety and environmental integrity may be appropriately and
responsibly addressed. I encourage all members to support passage of
this legislation.
Mr. RAHALL. Mr. Speaker, I submit the following letters for inclusion
in the Record on the consideration of H.R. 5511, the Leadville Mine
Drainage Tunnel Act of 2008.
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, June 12, 2008.
Hon. Nick Rahall,
Chairman, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Chairman Rahall: I write to you regarding H.R. 5511, a
bill to direct the Secretary of the Interior to remedy
problems caused by a collapsed drainage tunnel in Leadville,
Colorado.
H.R. 5511 contains provisions that fall within the
jurisdiction of the Committee on Transportation and
Infrastructure. I recognize and appreciate your desire to
bring this legislation before the House in an expeditious
manner and, accordingly, I will not seek a sequential
referral of the bill. However, I agree to waive consideration
of this bill with the mutual understanding that my decision
to forego a sequential referral of the bill does not waive,
reduce, or otherwise affect the jurisdiction of the Committee
on Transportation and Infrastructure over H.R. 5511.
Further, the Committee on Transportation and Infrastructure
reserves the right to seek the appointment of conferees
during any House-Senate conference convened on this
legislation on provisions of the bill that are within the
Committee's jurisdiction. I ask for your commitment to
support any request by the Committee on Transportation and
Infrastructure for the appointment of conferees on H.R. 5511
or similar legislation.
Please place a copy of this letter and your response
acknowledging the Committee on Transportation and
Infrastructure's jurisdictional interest in the Committee
Report on H.R. 5511 and in the Congressional Record during
consideration of the measure on the House Floor.
I look forward to working with you as we prepare to pass
this important legislation.
Sincerely,
James L. Oberstar, M.C.,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, June 16, 2008.
Hon. James Oberstar,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Mr. Chairman: Thank you for your willingness to
expedite floor consideration of H.R. 5511, a bill to direct
the Secretary of the Interior to remedy problems caused by a
collapsed drainage tunnel in Leadville, Colorado.
I appreciate your willingness to waive rights to further
consideration of H.R. 5511, notwithstanding the
jurisdictional interest of the Committee on Transportation
and Infrastructure. Of course, this waiver does not prejudice
any further jurisdictional claims by your Committee over this
legislation or similar language. Furthermore, I agree to
support your request for appointment of conferees from the
Committee on Transportation and Infrastructure if a
conference is held on this matter.
This exchange of letters will be placed in the committee
report and inserted in the Congressional Record as part of
the consideration of the bill on the House floor. Thank you
for the cooperative spirit in which you have worked regarding
this matter and others between our respective committees.
With warm regards, I am
Sincerely,
Nick J. Rahall II,
Chairman, Committee on Natural Resources.
Mr. BISHOP of Utah. Once again, I have no other speakers on this
particular bill. Does the gentlelady have any other speakers?
Ms. BORDALLO. I have no other speakers.
Mr. BISHOP of Utah. I will yield back the balance of my time.
Ms. BORDALLO. Mr. Speaker, I have no further speakers, and I yield
back.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules
and pass the bill, H.R. 5511, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. BORDALLO. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________