[Congressional Record Volume 155, Number 138 (Tuesday, September 29, 2009)]
[House]
[Page H10007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         LEADVILLE MINE DRAINAGE TUNNEL REMEDIATION ACT OF 2009

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3123) 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. 3123

       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 2009''.
       (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, including, but not limited to, the following 
     actions:
       ``(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.
       ``(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 the gentleman from Virginia (Mr. Wittman) each 
will control 20 minutes.
  The Chair now 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, H.R. 3123, introduced by our colleague, 
Representative Doug Lamborn, 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 public health threat and an environmental 
threat.
  I ask my colleagues to support the bill's passage.
  I reserve the balance of my time.
  Mr. WITTMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today I rise in support of this legislation offered by 
our Colorado colleague, Doug Lamborn. This legislation has been 
supported on a bipartisan basis and deserves passage today because it 
will help prevent a potential human safety disaster in Leadville, 
Colorado.
  The Leadville Mine Tunnel was supposed to be used for a nearby 
Federal water project; however, it has ended up becoming a public 
danger because of its potential to burst with chemical-laden water on 
nearby residents. Since the Federal Government owns this tunnel, it is 
therefore a Federal responsibility.
  I urge my colleagues to support this necessary legislation which fell 
victim to party politics earlier this year.
  Mr. Speaker, I yield 5 minutes to the gentleman from Colorado (Mr. 
Lamborn).
  Mr. LAMBORN. I thank my colleague for yielding.
  Mr. Speaker, 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 the 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.
  With the passage and subsequent signing into law of H.R. 429 during 
the 102d Congress in 1992, the Bureau of Reclamation constructed and 
continues to operate a water treatment plant at the mouth of the 
tunnel. This treatment plant removes metal contaminants from the water.
  Groundwater levels at the tunnel have fluctuated in recent years.

                              {time}  1430

  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 at one time up to 1 billion gallons of water may 
have accumulated.
  Emergency measures are currently being undertaken by the 
Environmental Protection Agency and the Bureau of Reclamation to 
relieve water pressure in the vicinity. However, legislation attempting 
to address 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 
have again worked together with Senator Mark Udall of Colorado in a 
bipartisan manner and reintroduced H.R. 3123. The bill would direct the 
Bureau of Reclamation to relieve water pressure behind blockages in the 
tunnel, permanently manage the mine pool behind any blockage to prevent 
any releases of contaminated water, and manage the tunnel in such a way 
to prevent failure of the structure.
  I remind Members that only minor technical changes have been made 
since this bill was originally passed by the House of Representatives 
in the previous Congress. I respectfully request each Member to support 
this legislation. Human safety and environmental integrity need to be 
appropriately and responsibly addressed.
  Ms. BORDALLO. Mr. Speaker, I have no additional requests for time and 
would inquire of the minority whether they have any additional 
speakers.
  Mr. WITTMAN. Mr. Speaker, the minority has no additional speakers, 
and with that I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support this bill, 
and I yield back the balance of my time.
  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. 3123, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________