[Congressional Record Volume 158, Number 170 (Sunday, December 30, 2012)]
[Senate]
[Pages S8553-S8554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               LEADVILLE MINE DRAINAGE TUNNEL ACT OF 2011

  The bill (S. 1047) 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, was ordered to 
be engrossed for a third reading, was read the third time, and passed, 
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

[[Page S8554]]

       ``(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.''.

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