[Congressional Record Volume 155, Number 101 (Wednesday, July 8, 2009)]
[Senate]
[Pages S7266-S7267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of Colorado:
  S. 1417. 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 remedy problems caused by a 
collapsed drainage tunnel in Leadville, Colorado, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the 
Leadville Mine Drainage Tunnel Remediation Act of 2009. This bill is 
the same as a bill introduced in the last Congress by my colleague 
Representative Doug Lamborn. I was proud to cosponsor that bill in the 
last Congress, which passed the House of Representative but was not 
taken up in the Senate, and I am pleased to introduce it today.
  The Leadville Mine Drainage Tunnel Remediation Act addresses concerns 
regarding a mine tunnel in Leadville, Colorado. In 2008, a blockage 
formed in the tunnel that backed up a large volume of water, thereby 
creating a potential safety hazard to the community in the event of a 
catastrophic failure. While taking actions to address the immediate 
threat, questions arose as to whether the Bureau of Reclamation, which 
owns the tunnel, has the authority to help implement a number of 
remedies to reduce this threat and clean up additional contaminated 
water from the tunnel. My bill would clarify that the Bureau of 
Reclamation has the authority to treat water in the tunnel and is 
responsible for maintaining it in order to reduce future threats to the 
community.
  The Leadville Mine Drainage Tunnel was originally constructed by the 
federal Bureau of Mines in the 1940s and 1950s to facilitate the 
extraction of lead and zinc ore for World War II and Korean War 
efforts. The Bureau of Reclamation acquired the tunnel in 1959, hoping 
to use it as a source of water for the Fryingpan-Arkansas Project, a 
water diversion project in the Fryingpan and Arkansas River Basins. 
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. With the passage and subsequent signing 
into law of H.R. 429 during the 102nd Congress, 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. The 
2008 collapse in the tunnel 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 behind 
the blockage within the mine pool.
  In November 2007, the U.S. Environmental Protection Agency, EPA, sent 
a letter to the Bureau of Reclamation expressing concerns over a 
catastrophic blowout as a result of the built up water, and, in 
February 2008, the Lake County Commissioners declared a state of 
emergency. The Bureau of Reclamation developed a risk assessment in the 
area, and the EPA and the Bureau of Reclamation performed some 
emergency measures to relieve water pressure in the area.
  While this emergency work was important, the long-term need to 
rehabilitate and maintain the tunnel remains an open question. There 
has been general agreement on what needs to be done; namely, plugging 
the tunnel, drilling a well behind the plug, and then pumping the water 
out so it can be piped to the Bureau of Reclamation's existing 
treatment plant. However, it remains unclear as to whether the Bureau 
of Reclamation has the authority to help solve the problem by treating 
the water that the EPA plans to pump from behind the blockage.
  In short, we found there is not only a physical blockage, but also a 
legal blockage that has prevented the Bureau of Reclamation, the EPA 
and the State of Colorado from reaching an agreement on a long-term 
solution. This legislation will clear out the legal blockage by 
allowing the Bureau of Reclamation and the EPA to collaboratively 
implement the proposed remedy and address the unsafe mine pool in the 
tunnel.
  Specifically, the bill does three things:
  First, it clarifies that the Bureau of Reclamation has the authority 
to treat water pooling up behind the blockage. Currently, the Bureau 
has authority to treat ``historic releases,'' which could include water 
behind the tunnel blockage, but Bureau of Reclamation officials are 
uncertain. In response, this bill eliminates the ``historic release'' 
language and clarifies that the Bureau of Reclamation can treat the 
blocked water in the tunnel.
  Second, the bill authorizes and directs the Bureau of Reclamation to 
participate with the EPA on the remedy established under Superfund for 
the tunnel. The bill also maintains that the Bureau of Reclamation is 
not liable for the Superfund site cleanup in Leadville. Nevertheless, 
since remediation activities will occur within the Superfund site, the 
Bureau of Reclamation has been reluctant to implement this remedy. The 
Bureau of Reclamation does not want to assume any Superfund liability 
and does not read current law as allowing participation

[[Page S7267]]

with the EPA on the long-term remedy. The bill clarifies that the 
Bureau of Reclamation not only has the authority to implement the long-
term solution at the Superfund site, but that it will be required to 
join the EPA in implementing it.
  Third, the bill clarifies that the Bureau of Reclamation is required 
to maintain the structural integrity of the tunnel to minimize the 
chance of another blockage within the tunnel.
  The bill also authorizes any funding that might be necessary for the 
Bureau of Reclamation to perform its clarified responsibilities under 
this bill.
  By clearing up the legal blockage, the bill will help create a 
collaborative working relationship between the Bureau of Reclamation, 
the EPA and the State of Colorado to solve this problem for the long-
term benefit of Colorado.
  I look forward to working with the rest of the Colorado Congressional 
delegation on this legislation and on moving quickly to address 
concerns with the Leadville Mine Drainage Tunnel.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1417

       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 Remediation Act of 2009''.

     SEC. 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:

     ``SEC. 705. TUNNEL MAINTENANCE.

       ``The Secretary shall take such steps to repair or maintain 
     the structural integrity of the Leadville Mine Drainage 
     Tunnel as are necessary to prevent Tunnel failure and to 
     preclude uncontrolled release of water from any portion of 
     the Tunnel.''.

     SEC. 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) California gulch superfund site operable unit 6 
     remedy.--The Secretary shall participate in the 
     implementation of the operable unit 6 remedy for the 
     California Gulch Superfund Site, as the remedy is described 
     in the Record of Decision of the Environmental Protection 
     Agency for the operable unit (2003), by--
       ``(i) 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
       ``(ii) managing and maintaining the mine pool behind the 
     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.''; and
       (5) by striking ``For the purpose of'' and inserting the 
     following:
       ``(4) Definition of upper arkansas river basin.--In''.
       (b) Authorization of Approprations.--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''.
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