Leadville Mine Drainage Tunnel Act of 2011

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

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.

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

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.

Mr. President, I rise today to introduce legislation with my colleague, Senator Collins, to authorize the Department of Defense to carry out a pilot program to sell certain products at commissaries that serve areas with military installations that have been adversely affected by a Base Closure and Realignment, BRAC, round. It is my fervent hope that this legislation will provide the Department of Defense with a means of reducing the operating costs of the commissary in Topsham, Maine sufficiently that they are able to keep a commissary in the area open for many years after the disestablishment of Naval Air Station, NAS, Brunswick.

As my colleagues know, the 2005 BRAC round ordered the closure of NAS Brunswick, Maine. That base, which once employed nearly 5,000 personnel in the region, will be officially disestablished on May 31, 2011. With the closure of NAS Brunswick, some in the Department of Defense have argued that the nearby commissary in Topsham, Maine, should also be closed.

However, even after the closure of NAS Brunswick, nearly 1,500 active duty, Guard, and Reserve service members remain within a 20 mile drive of the installation, including more than 300 active duty personnel who support the Navy's Supervisor of Shipbuilding, Conversion and Repair just down the road in Bath, Maine. In addition, almost 9,000 military retirees and their dependents live in the immediate area, with many thousands more living within an hour's drive.

Thanks to a provision that I and my Maine colleagues succeeded in having included in the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, the Topsham commissary will remain open until at least September 15, 2011, while the Department of Defense considers the findings of a Government Accountability Office review on commissary operations and policies.

That GAO review was recently completed, and it revealed that the Department's decision to close the commissary was based on instructions that lack clear criteria for determining when commissaries should be established, operated, or closed. DOD concurred with GAO's assessment that its instructions are unclear, and indicated that it would clarify its criteria in the next version of commissary operations.

So, just one week ago, on May 10, 2011, Senator Collins and I wrote to Under Secretary of Defense for Personnel and Readiness Clifford Stanley to urge that he not close ANY commissary--including the Topsham commissary--until those instructions are clarified. Such an approach is the only reasonable route for DOD to move forward in a fair and transparent manner.

In recognition of the financial challenges facing our nation, we have also developed an idea to reduce the operating costs of the Topsham commissary, which DOD estimates to be approximately $2.2 million per year. The store currently returns about $400,000 to the commissary system through surcharge revenues, but I certainly appreciate how important it is to address the state of our nation's budget.

So, with a commissary at Topsham, and an exchange at NAS Brunswick, we explored the option of using a provision in existing law to create a ``combined'' store. Although that idea was appealing, we learned that every store created under that authority has eventually failed for lack of financial support. Thus, we developed the legislation we introduce here today.

This bill would create a pilot program to operate an ``enhanced commissary store'' in the Topsham-Brunswick area and at other installations closed or adversely realigned by a BRAC round. This new authority would allow the pilot stores to sell items that are currently sold by or for the military exchanges, such as alcoholic beverages and tobacco products. Unlike other products at the commissary, which are sold at cost plus a 5 percent surcharge, these products would be sold at higher prices as determined by the Secretary of Defense, and the proceeds from those sales would be applied to reducing the operating costs of each enhanced commissary.

Although it is difficult to determine how much revenue would result from this proposal, preliminary estimates are that it could reduce costs at a location such as the Topsham commissary by approximately $300,000 per year. That is more than enough to make a cost-effective benefit like the commissary an even better deal for our service members and the taxpayer.

On a final note, I would point out that this bill is quite similar to a provision included at the behest of Congresswoman Chellie Pingree in H.R. 1540, the National Defense Authorization Act fiscal year 2012, as reported by the House Armed Services Committee. It has been my pleasure to work with her in developing this concept, and I hope that we will be able to include similar language in the Senate version of the bill later this year.

I believe that this bill is a common sense solution to ensuring that our service members, military retirees, and their dependents are able to continue to access the extremely important and valued benefit that is the commissary system, even in locations that undergo significant realignments due to a BRAC round. I urge my colleagues to consider this legislation, and look forward to working with the Senate Armed Services Committee to include the proposal in their version of the National Defense Authorization Act for fiscal year 2012.

Mr. President, I ask unanimous consent that the Energy Committee be discharged from further consideration of S. 2015 and S. 3563, and the Senate proceed to their consideration, along with the following bills en bloc: H.R. 3263, H.R. 3641, and H.R. 4073, which were received from the House and are at the desk; Calendar No. 268, S. 264; Calendar No. 284, S. 1047; Calendar No. 288, S. 1421; Calendar No. 289, S. 1478; Calendar No. 272, S.499; Calendar No. 266, S. 140; and Calendar No. 265, S. 114.

I ask unanimous consent that where applicable, the committee-reported amendments be considered; that any amendments to those amendments, which are at the desk, be agreed to; that the committee-reported amendments, as amended, if amended, be agreed to; the bills, as amended, if amended, be read a third time and passed en bloc; that a title amendment for S. 114 be agreed to; the motions to reconsider be laid upon the table, with no intervening action or debate, and any statements related to any of the bills be printed in the Record.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Water and Power. The hearing will be held on Thursday, June 23, 2011, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing will be to hear testimony on seven items:

S. 500, the South Utah Valley Electric Conveyance Act;

S. 715, the Collinsville Renewable Energy Promotion Act;

S. 802, the Lake Thunderbird Efficient Use Act of 2011;

S. 997, the East Bench Irrigation District Water Contract Extension Act;

S. 1033, to amend the Reclamation Wastewater and Groundwater Study and Facilities act to authorize the Secretary of the Interior to participate in the city of Hermiston, Oregon, water recycling and reuse project, and for other purposes;

S. 1047, the Leadville Mine Drainage Tunnel Act of 2011.