112th CONGRESS
2d Session
S. 1047
AN ACT
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 take actions to improve environmental conditions in the vicinity of the Leadville Mine Drainage Tunnel in Lake County, Colorado, and for other purposes.
Short title
This Act may be cited as the
Leadville Mine Drainage Tunnel Act of
2011
.
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:
Tunnel maintenance; operation and maintenance
Leadville Mine Drainage Tunnel
The Secretary shall take any action necessary to maintain the structural integrity of the Leadville Mine Drainage Tunnel—
to maintain public safety; and
to prevent an uncontrolled release of water from the tunnel portal.
Water Treatment Plant
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.
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).
.
Reimbursement
Section 705 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4656) is amended—
by striking The treatment
plant
and inserting the following:
In General
Except as provided in subsection (b), the treatment plant
;
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
by adding at the end the following:
Exception
The Secretary may—
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
upon entering into an agreement under paragraph (1), make any necessary capital improvement to or expansion of the treatment plant.
.
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—
by striking (a) The
Secretary
and inserting the following:
In General
Authorization
The Secretary
;
by striking Neither
and
inserting the following:
Liability
Neither
;
by striking The Secretary shall
have
and inserting the following:
Facilities covered under other laws
In general
Except as provided in subparagraph (B), the Secretary shall have
;
by inserting after Recovery
Act.
the following:
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—
the Leadville Mine Drainage Tunnel; or
the water treatment plant authorized under section 701.
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
by striking For the purpose
of
and inserting the following:
Definition of upper Arkansas river basin
In
.
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
.
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:
.
Passed the Senate December 30, 2012.
Secretary