[Congressional Record Volume 157, Number 71 (Monday, May 23, 2011)]
[Senate]
[Pages S3227-S3228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of Colorado:
  S. 1047. A bill to amend the Reclamation Projects Authorization and 
Adjustment 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; to the 
Committee on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the 
Leadville Mine Drainage Tunnel Act of 2011 to address concerns of 
federal jurisdiction and public safety regarding a mine drainage tunnel 
in Leadville, CO.
  In 2008, a blockage formed in the Leadville Mine Drainage Tunnel that 
backed up a large volume of contaminated water, creating a serious 
safety hazard for the surrounding community if a catastrophic tunnel 
failure were to occur. The Bureau of Reclamation and the U.S. 
Environmental Protection Agency, EPA, took actions to address the 
immediate threat, including installing a dewatering relief well to 
relieve water pressure behind the tunnel blockage. However, in the 
process, questions arose as to whether the Bureau of Reclamation, which 
owns the tunnel, has the authority to help implement a number of 
remedies by treating contaminated water from the tunnel. My bill 
clarifies that the Bureau of Reclamation has the authority to treat 
this water and is responsible for maintaining the Leadville Mine 
Drainage Tunnel to protect public safety and 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.
  Water levels in 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, 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 
tunnel.
  While this emergency work was important and successful, the Bureau of 
Reclamation's authority to participate in a long-term solution remains 
an open question. It is unclear whether the Bureau of Reclamation has 
the authority to treat the water from the dewatering relief well or 
surface water diverted into the tunnel from a nearby National 
Priorities List site.
  In short, we found there is not only a physical blockage in the 
tunnel, 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 
work collaboratively on solutions and address the unsafe mine pool in 
the tunnel.
  Specifically, the bill does three things:
  First, the bill clarifies that the Bureau of Reclamation is required 
to maintain the structural integrity of the tunnel to minimize the 
chance of a catastrophic failure of the tunnel leading to the 
uncontrolled release of contaminated water.
  Second, the bill clarifies that the Bureau of Reclamation has the 
authority to participate in the long-term solution by treating water 
pooling up behind the blockage and surface water diverted into the 
tunnel from operable unit 6 of the California Gulch National Priorities 
List, Superfund, site. Current law restricts the Bureau of Reclamation 
to treating only ``historically discharged'' effluent, and it is 
uncertain whether that includes treating water as part of the remedy.
  Third, the bill requires the Bureau of Reclamation and EPA to 
cooperate on any Record of Decision for the California Gulch Superfund 
site that impacts the Leadville Mine Drainage Tunnel or the associated 
water treatment plant. As part of that cooperation, the agencies must 
enter into an

[[Page S3228]]

agreement describing how they will pay for any necessary changes to the 
tunnel or treatment plant.
  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 Lake County and all of Southeastern Colorado.
  Concerns about the safety of the Leadville Mine Drainage Tunnel have 
persisted for over 30 years, as have questions about federal agencies' 
responsibility to address those concerns. My bill will finally clarify 
federal jurisdiction and give the residents of Leadville, Colorado, as 
well as the entire Arkansas River Basin, an additional measure of 
certainty that the federal government will maintain safe conditions at 
the tunnel. I look forward to working with the rest of the Colorado 
Congressional delegation on this legislation and to its speedy passage.
  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. 1047

       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 Act of 2011''.

     SEC. 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:

     ``SEC. 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 from the 
     tunnel portal.
       ``(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).''.

     SEC. 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'';
       (2) by striking ``Drainage Tunnel'' and inserting 
     ``Drainage Tunnel (which includes any surface water diverted 
     into the Leadville Mine Drainage Tunnel and water collected 
     by the dewatering relief well installed in June 2008)''; and
       (3) 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), 
     make any necessary capital improvement to or expansion of the 
     treatment plant.''.

     SEC. 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 the Leadville Mine Drainage Tunnel or 
     improvement to or expansion of the water treatment plant 
     authorized under section 701 as a result of a new or amended 
     Record of Decision for operable unit 6 of the California 
     Gulch National Priorities List Site 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 expansion.''; and
       (5) by striking ``For the purpose of'' and inserting the 
     following:
       ``(5) Definition of upper arkansas river basin.--In''.

     SEC. 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''.

     SEC. 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.''.
                                 ______