S. 1417

Leadville Mine Drainage Tunnel Remediation Act of 2009

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II

111th CONGRESS

1st Session

S. 1417

IN THE SENATE OF THE UNITED STATES

July 8, 2009

Mr. Udall of Colorado introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To amend the Reclamation Projects Authorization and Adjustment Act of 1992 to require 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.

1.

Short title

This Act may be cited as the Leadville Mine Drainage Tunnel Remediation Act of 2009.

2.

Tunnel maintenance

Section 705 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4656) is amended to read as follows:

705.

Tunnel maintenance

The Secretary shall take such steps to repair or maintain the structural integrity of the Leadville Mine Drainage Tunnel as are necessary to prevent Tunnel failure and to preclude uncontrolled release of water from any portion of the Tunnel.

.

3.

Water quality restoration

(a)

In general

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)

California Gulch Superfund Site operable unit 6 remedy

The Secretary shall participate in the implementation of the operable unit 6 remedy for the California Gulch Superfund Site, as the remedy is described in the Record of Decision of the Environmental Protection Agency for the operable unit (2003), by—

(i)

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; and

(ii)

managing and maintaining the mine pool behind the 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.

; and

(5)

by striking For the purpose of and inserting the following:

(4)

Definition of Upper Arkansas River basin

In

.

(b)

Authorization of approprations

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 705 and 707.