[Congressional Record Volume 158, Number 24 (Tuesday, February 14, 2012)]
[Senate]
[Pages S588-S589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         HARDROCK MINE CLEANUP

  Mr. UDALL of Colorado. Mr. President, I have come to the floor to 
talk about an environmental problem that affects many parts of Colorado 
as well as other western States; that is, abandoned hardrock mines.
  These mines pollute thousands of miles of streams and rivers in 
America with truly a toxic soup of heavy metals, including arsenic, 
lead, and mercury. That pollution impairs drinking water and kills 
aquatic and plant life for miles downstream.
  This is a problem that doesn't get enough attention in the Congress, 
and it is my hope that by speaking, I can spur all of us in this body 
and the administration to take greater steps to help solve this 
problem. I would, in that spirit, invite my colleagues to join me in 
this effort.
  If I might first, a little background: Starting in the 1800s, miners 
flocked to the West in search of fortune following the discovery of 
precious metals, such as gold, lead, copper, and silver. They settled 
in places with romantic names such as Leadville, Silverton, and Gypsum. 
Mining became an important part of our history, of our settlement, and 
of our development in Colorado. But it also left a very dirty and 
deadly legacy.
  When a claim was mined for all its worth, the miner frequently packed 
up and left without a thought about the lasting problems the mine would 
cause. And this was an era before modern mining laws that hold miners 
accountable for their impact on the land.

  Then, as a followup, in many cases it became impossible to identify 
the persons responsible for the vast majority of these abandoned mines. 
The Government Accountability Office estimates that there are over 
160,000 such abandoned hard rock mines in the West; 7,300 are in 
Colorado, 47,000 are in California, and another 50,000 are in Arizona.
  Today, highly acidic water still drains from these mines, polluting 
entire watersheds. I want to follow the logic that a picture is worth a 
thousand words. I want to show my colleagues what an acid mine drainage 
looks like. This is the Red and Bonita Mine in San Juan County, CO, 
which is near Silverton. For scale, I want viewers to note the pickup 
truck on the left side of this photograph. You can see a couple of 
individuals up there as well. Over 300 gallons of water drains from 
this mine every minute, and the water is contaminated with all kinds of 
heavy metals that produce the orange and the red streaks you see in 
this photograph. Highly acidic water flows into the Cement Creek and 
eventually into the Animas River, impairing water quality and aquatic 
life. For a region of Colorado that thrives on tourism, including 
angling, this situation is extremely harmful.
  From EPA data, we can conservatively estimate that over 10,000 miles 
of streams and rivers and nearly 350,000 acres of lakes are impaired in 
this country as a result of acid mine drainage. With that backdrop, 
what is being done? For one, at those sites where a responsible party 
can be identified, the Federal Government has the tools at its disposal 
to hold them accountable. Also, the Federal Land Management agencies 
have a variety of programs that mitigate abandoned hard rock mine 
pollution.
  However, the efforts I want to focus on today are those undertaken by 
a third category of people: entities that had no role in creating the 
pollution at an abandoned mine site yet want to make the situation 
better. Appropriately enough, we refer to these entities as Good 
Samaritans. One such Good Samaritan is the Animas River Stakeholders 
Group in southwestern Colorado. They are working to find solutions to 
clean up the Red and Bonita Mine. Often, Good Samaritans are nonprofits 
with a mission to restore the natural environment. Sometimes they are 
community groups that want to improve their cities and their towns. 
Sometimes they are mining companies looking to be good stewards in the 
communities in which they operate. Sometimes they are State and local 
governments.
  For example, take the Tiger Mine near Leadville, CO. The picture I 
want to show you was taken before any remediation activities took 
place. You can see the piles of mine waste and drainage coming from the 
mines beside it. At peak flows, as much as 150 gallons of water per 
minute contaminated with cadmium, copper, lead, zinc, and iron flows 
out of the Tiger Mine.
  As you can see in the second picture, some remediation work has been 
done. The mine waste was moved out of the way, capped, and revegetated, 
and the ditches were put in above the mine to divert surface water 
runoff and to further reduce contamination.
  You can also see in this picture that four pits have been dug below 
the mine, and this represents the next phase of cleanup being lead by 
Trout Unlimited, another Good Samaritan. Eventually these pits will 
become what is known as a sulfate-reducing bioreactor. Now, the 
Presiding Officer knows I was not a chemistry major, so I won't attempt 
to describe how this works. But the end result is a good thing, I can 
tell you that. The acid mine drainage flows in and cleaner water flows 
out. However, Trout Unlimited has run into a problem that has 
frustrated many Good Samaritans. The bioreactor counts as a point 
source of pollution; therefore, before Trout Unlimited can turn the 
bioreactor on, they must obtain a clean water permit. Trout Unlimited 
cannot meet the stringent permit requirements without investing in far 
more expensive water treatment options, nor can they afford to assume 
the liability that comes with the permit. As a result, the bioreactor 
sits unused.
  Federal law is, in effect, sidelining some of the best hopes for 
remediation. I have tried for several years--I said several years, but 
it feels like a lifetime--I think at least a decade to give Good 
Samaritans some relief. I have introduced legislation to every Congress 
since 2002 that creates a unique permit specifically for this kind of 
work. Unfortunately, I have not been able to convince enough of my 
colleagues just how good of an idea this is, but I am going to keep 
trying.
  In addition, I have been working with Senator Boxer to encourage the 
EPA to better use the administrative tools it has at its disposal. Good 
Samaritans report to me that administrative tools have been cumbersome 
to use so far, and they don't offer the full Clean Water Act protection 
they need.
  Senator Boxer, along with Senator Bennet, has asked the EPA to make 
this tool more accessible to Good Samaritans. Last week we asked the 
agency to provide Good Samaritans with assurances that they would not 
be subject to enforcement for appropriate actions to clean up acid mine 
pollution.
  I am grateful for the work the EPA has done to focus on these issues 
and for Senator Boxer's leadership. Good Samaritans are too valuable a 
resource to keep on the sidelines. Congress

[[Page S589]]

should do what is necessary to bring their efforts to bear on the 
cleanup of abandoned mine pollution. Good Samaritans cannot solve all 
of our abandoned mine pollution problems, but we cannot afford to turn 
away those willing to help any longer.
  Mr. President, I thank you for your interest on this important topic 
to those of us in the West.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
  (The remarks of Mr. Rockefeller are located in today's Record under 
``Statements on Introduced Bills and Joint Resolutions.'')
  Mr. ROCKEFELLER. I yield the floor and note the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. JOHANNS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. JOHANNS. I ask unanimous consent to participate in a colloquy 
with my colleagues, Senators Blunt, Risch, Isakson, and Heller.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. JOHANNS. Thank you, Mr. President.

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