[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.

                          ____________________