[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Page 16234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7996]



 Notice of Lodging of Proposed Settlement Agreement Under the 
Comprehensive Environmental Response, Compensation and Liability Act 

    Notice is hereby given that on March 30, 2009, a proposed 
Settlement Agreement Regarding Natural Resource Damage Claims for 
Mineral Creek, the Gila River, and the San Pedro River, Arizona was 
filed with the United States Bankruptcy Court for the Southern District 
of Texas in In re Asarco LLC, No. 05-21207 (Bankr. S.D. Tex.). The 
proposed Agreement entered into by the United States (on behalf of the 
Department of Interior), the State of Arizona, and Asarco LLC provides, 
inter alia, for the transfer of three parcels of land with high 
ecological value to the State of Arizona, the grant of an allowed 
general unsecured claim to the United States of $226,396, and the grant 
of a joint indivisible allowed general unsecured claim to the United 
States and the State of Arizona of $3,773,604 to fund restoration of 
injured natural resources. The proposed Agreement covers injured 
natural resources due to releases of hazardous materials from the Ray 
Mine Facility in Kelvin, Arizona, and the Hayden Smelter Facility in 
Hayden, Arizona, to the following waters and their riparian zones: the 
Gila River from the Ashurst-Hayden Diversion Dam, upstream past the 
confluence of the San Pedro and Gila Rivers, and for a distance of 5 
miles up each of those rivers beyond the confluence, and Mineral Creek 
from its confluence with the Gila River upstream to a point one mile 
above the Big Box Canyon Dam.
    The Department of Justice will receive comments relating to the 
proposed Agreement for a period of thirty (30) days from the date of 
this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to In re Asarco LLC, DJ Ref. No. 90-11-3-08633.
    The proposed Agreement may be examined at the Office of the United 
States Attorney for the Southern District of Texas, 800 North Shoreline 
Blvd, 500, Corpus Christi, TX 78476-2001. During the public 
comment period, the proposed Agreement may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed Agreement may also be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611 or by faxing or e-
mailing a request to Tonia Fleetwood ([email protected]), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $4.25 (without attachments) or $4.50 (with 
attachments) (25 cents per page reproduction cost) payable to the U.S. 

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
& Natural Resources Division.
 [FR Doc. E9-7996 Filed 4-8-09; 8:45 am]