A bill 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.

Summary: Leadville Mine Drainage Tunnel Act of 2011 - Amends the Reclamation Projects Authorization and Adjustment Act of 1992 to expand requirements for the operation and maintenance of the Leadville Mine Drainage Tunnel, Colorado, to require the Secretary of the Interior to take any action necessary to maintain the structural integrity of the Tunnel to maintain public safety and to prevent an uncontrolled release of water from the tunnel portal. Makes the Secretary responsible for the operation and maintenance of the water treatment plant, including authorized sludge disposal. Authorizes the Secretary to offer to enter into one or more contracts with any appropriate individual or entity for the conduct of any required service.

Includes within the Tunnel any surface water diverted into it and water collected by the dewatering relief well installed in June 2008. Authorizes the Secretary: (1) to 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 (2) upon entering into an agreement, to make any necessary capital improvement to or expansion of the water treatment plant.

Requires the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary regarding each feature of the proposed new or amended Record of Decision for operable unit 6 of the California Gulch National Priorities List Site that may require any alteration to, or otherwise affect the operation and maintenance of, the Tunnel or the water treatment plant. Authorizes the Secretary to implement any improvement to the Tunnel or expansion of the plant as a result of a new or amended Record of Decision for operable unit 6 only upon entering into an agreement with the EPA Administrator or other entity or agency to provide funding for the improvement or expansion.

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
            ``(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.''.

            Passed the Senate December 30, 2012.

            Attest:

                                                             Secretary.
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.