69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–715 

LEADVILLE MINE DRAINAGE TUNNEL REMEDIATION ACT 

OF 2008 

JUNE 17, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5511] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 5511) to direct 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, having considered the same, report favorably thereon 

without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 5511 is to direct 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. 

BACKGROUND AND NEED FOR LEGISLATION

The Leadville Mine Drainage Tunnel (LMDT) is located in west 

central Colorado, near the town of Leadville. The former U.S. Bureau of Mines constructed the tunnel to provide drainage for portions of the extensive, interconnected mine workings in the 

Leadville Mining District during the periods 1943–1945 and 1950– 

1952. When construction finally ceased, the LMDT extended for 

11,299 feet from the portal. In 1959, the Bureau of Reclamation 

(BOR) assumed ownership of the LMDT and intended to use mine 

water to augment the Fryingpan-Arkansas Project, the BOR project 

that draws water primarily from the Arkansas River for delivery 

in Eastern Colorado. Notwithstanding its intent, the BOR has 


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never been able to use the LMDT for the Fryingpan-Arkansas 

Project. 

Since 1959, several tunnel collapses have trapped water within 

the tunnel. These blockages have resulted in decreased LMDT effluent flow rates, differences in water elevations at various points 

along the tunnel alignment, and rising water levels in the retained 

‘mine pool’. In 1989, the Sierra Club and the Colorado Environmental Coalition challenged the BOR in court, alleging Clean 

Water Act violations as a result of the contaminated discharges 

from the LMDT. To settle the lawsuit, BOR agreed to construct a 

Waste Water Treatment Plant (WWTP) near the LMDT portal. 

Title VII of P.L. 102–575 authorized BOR to construct and operate 

the WWTP. 

P.L. 102–575 specified that the BOR’s WWTP ‘‘shall be constructed to treat the quantity and quality of effluent historically 

discharged’’ from the LMDT. This limitation on effluent that is ‘‘historically discharged’’ is significant because in 1983, the Environmental Protection Agency (EPA) designated as a Superfund site 

a sizeable portion of the Leadville area, known as the California 

Gulch National Priority List Site. The language regarding the 

WWTP in the original authorization was inserted to acknowledge 

that the LMDT was not a source of contamination at the Superfund 

site, and to protect the BOR from any unjustified Superfund responsibility. 

The 18-square-mile California Gulch Site is divided into 12 Operable Units (OUs). Under the Superfund statute, EPA must identify 

all sources of contamination, the potentially responsible parties 

(PRPs) for the contamination, and develop and implement remedies 

for each OU in conjunction with the PRPs. EPA may not use 

Superfund money for any remedial action that involves a federallyowned facility. The EPA and the BOR have established that the 

tunnel is hydraulically connected to OU6. In 2003, EPA issued a 

Record of Decision (ROD) for OU6 supporting infrastructure improvements by the BOR to increase the plant’s water treatment capacity. 

Despite EPA’s clear mandate under the Superfund law that it 

cannot use Superfund money to pay for remedial actions at a facility owned by another federal agency, the BOR cites the ‘‘historically discharged’’ language in Title VII of P.L. 102–575 as a limitation on the BOR’s authority to expand the water treatment capacity. The BOR also opposes payments because the LMDT is not an 

actual source of contamination on the Superfund site. However, 

continuing structural deterioration in the LMDT has caused increasing amounts of water to back up in the tunnel. A major collapse of a segment of the LMDT was detected in 1995. All of the 

impounded water is assumed to be contaminated with metals. This 

impounded water exacerbates EPA’s Superfund problem and also 

poses the threat of a sudden catastrophic release into the Arkansas 

River. There are estimates that between 0.5 to 1.0 billion gallons 

of water are currently impounded behind the various LMDT collapses. In addition, newly discovered surface seeps in the area, at 

elevations above the portal, indicate a rise in water level behind 

the blockages. 

H.R. 5511 amends the Reclamation Projects Authorization and 

Adjustment Act of 1992 (P.L. 102–575) by repealing a provision 


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that restricts the use of a waste water treatment plant owned and 

operated by the BOR to only treating ‘historically discharged’ effluent from the LMDT. H.R. 5511 also directs the BOR to participate 

in the OU6 remedy for the California Gulch Superfund site as defined by the EPA’s 2003 ROD for that unit by: (1) Treating water 

behind any blockage or bulkhead in the tunnel; and (2) managing 

and maintaining the mine pool behind such blockage or bulkhead 

at a level that prevents surface runoff and releases and minimizes 

the potential for Tunnel failure due to excessive water pressure. 

The long-term solution to implement EPA’s ROD and clean-up 

plan for OU6 remains unresolved because BOR maintains it is not 

responsible for contamination not associated with historical discharge from the LMDT. H.R. 5511 would address the situation by 

ensuring that ample authority exists for BOR to participate in all 

clean-up efforts involving the LMDT. The Administration opposes 

the bill on the premise that Congress should wait until the BOR 

conducts a risk assessment and work out their own agreement with 

EPA. The Committee is aware of no other opposition to H.R. 5511. 

COMMITTEE ACTION

H.R. 5511 was introduced on February 28, 2008, by Rep. Doug 

Lamborn (R–CO). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on 

Water and Power. On May 8, 2008, the Subcommittee on Water 

and Power held a hearing on the bill. 

On May 22, 2008, the Subcommittee on Water and Power met to 

mark up the bill. The bill was forwarded to the Full Committee by 

unanimous consent. On June 11, 2008, the Full Natural Resources 

Committee met to consider the bill. H.R. 5511 was ordered favorably reported to the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Leadville Mine Drainage Tunnel Remediation 

Section 1(a) provides that the legislation may be cited as the 

‘‘Leadville Mine Drainage Tunnel Remediation Act of 2008.’’

Section 1(b) strikes section 705 of P.L. 102–575, the provision 

that limits the use of the WWTP to effluent ‘‘historically discharged’’ from the LMDT. 

Section 1(b) also amends section 708 of P.L. 102–575 to direct the 

Secretary to participate in the OU6 remedy as defined by the 

EPA’s 2003 ROD by (1) treating water behind any blockage or 

bulkhead in the LMDT; and (2) managing and maintaining the 

mine pool behind such blockage or bulkhead at a level that prevents surface runoff and releases and minimizes the potential for 

LMDT failure due to excessive water pressure. Section 1(b) also 

amends section 708 to ensure that the BOR shall not have authority at any other facility listed on the National Priorities List under 

Superfund. 

Section 1(b) further adds a new section 709 to P.L. 102–575, to 

direct the Secretary to take any steps necessary to repair and 

maintain the structural integrity of the LMDT to prevent tunnel 

failure or an uncontrolled release of water from any portion of the 

tunnel. 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to direct the Secretary of the Interior, acting through 

the Bureau of Reclamation, to remedy problems caused by a collapsed drainage tunnel in Leadville, Colorado. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 5511—Leadville Mine Drainage Tunnel Remediation Act of 

2008 

Summary: H.R. 5511 would require the Secretary of the Interior 

to treat and manage water in a mine pool in the Leadville Mine 

Drainage Tunnel (LMDT) in Colorado. The treatment would be 

part of a plan to clean up the California Gulch superfund site in 

Colorado. 

Based on information from the Bureau of Reclamation and assuming appropriation of the necessary amounts, CBO estimates 

that implementing H.R. 5511 would cost $90 million over the 2009–

2013 period. Enacting the legislation would not affect direct spending or revenues. 

H.R. 5511 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 5511 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 


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By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 2009– 

2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 10 20 30 30 0 90 

Estimated Outlays ........................................................................ 6 15 24 30 15 90 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the start of fiscal year 2009 and that 

the necessary amounts will be appropriated for each year. 

H.R. 5511 would require the Secretary of the Interior to treat 

and manage water in a mine pool in the LMDT in Colorado. The 

Bureau of Reclamation currently has a water treatment plant at 

the site, but the plant would have to be expanded to handle the anticipated quantity of water from the pool. 

Based on information from the Bureau of Reclamation and assuming appropriation of the necessary amounts, CBO estimates 

that improvements to the water treatment plant and other costs of 

treating the pool water would total $90 million over the 2009–2013 

period. After 2013, the bureau would incur additional costs of $2 

million to $5 million per year for operating and maintaining the expanded plant. 

The bill also would require the Secretary to repair and maintain 

the structural integrity of the LMDT, as necessary, to prevent tunnel failure or an uncontrolled release of water. Based on information from the bureau, CBO does not anticipate that any work 

would be needed to repair or maintain the tunnel during the next 

five years. 

Intergovernmental and private-sector impact: H.R. 5511 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Tyler Kruzich; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 5511 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitVerDate Aug 31 2005 07:26 Jun 18, 2008 Jkt 069006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR715.XXX HR715

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ted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

RECLAMATION PROJECTS AUTHORIZATION AND 

ADJUSTMENT ACT OF 1992 

* * * * * * * 

TITLE VII—LEADVILLE MINE DRAINAGE TUNNEL, 

COLORADO 

* * * * * * * 

øSEC. 705. LIMITATION. 

øThe treatment plant authorized by this title shall be designed 

and constructed to treat the quantity and quality of effluent historically discharged from the Leadville Mine Drainage Tunnel.¿ 

* * * * * * * 

SEC. 708. WATER QUALITY RESTORATION. 

(a)(1) The Secretary is authorized, in consultation with the State 

of Colorado, the Administrator of the Environmental Protection 

Agency, and other Federal entities, to conduct investigations of 

water pollution sources and impacts attributed to mining-related 

and other development in the Upper Arkansas River basin, to develop corrective action plans, and to implement corrective action 

demonstration projects. Neither the Secretary nor any person participating in a corrective action demonstration project shall be liable under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act for costs or damages as a 

result of actions taken or omitted in the course of implementing an 

approved work plan developed under this section; Provided, That 

this subsection shall not preclude liability for costs or damages 

which result from negligence on the part of such persons. øThe Secretary shall have¿ Except as provided by paragraph (2), the Secretary shall have no authority under this section at facilities which 

have been listed or proposed for listing on the National Priorities 

List, or are subject to or covered by the Resource Conservation and 

Recovery Act. For the purpose of this section, the term ‘‘Upper Arkansas River basin’’ means the Arkansas River hydrologic basin in 

Colorado extending from Pueblo Dam upstream to its headwaters. 

(2) The Secretary shall participate in the implementation of 

the operable unit 6 remedy for the California Gulch Superfund 

Site, as such remedy is defined in the Environmental Protection 

Agency’s 2003 Record of Decision for such operable unit, by—

(A) 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 

(B) managing and maintaining the mine pool behind 

such 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. 

* * * * * * * 


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(f) There is authorized to be appropriated such sums as may be 

required to fulfill the provisions of sections 707 øand 708¿, 708, 

and 709 of this title. 

SEC. 709. TUNNEL MAINTENANCE. 

The Secretary shall take such steps to repair or maintain the 

structural integrity of the Leadville Mine Drainage Tunnel (LMDT) 

as may be necessary in order to prevent tunnel failure and to preclude uncontrolled release of water from any portion of the tunnel. 

* * * * * * * 

HOUSE OF REPRESENTATIVES, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, 

Washington, DC, June 12, 2008. 

Hon. NICK RAHALL, 

Chairman, Committee on Natural Resources, House of Representatives, Washington, DC. 

DEAR CHAIRMAN RAHALL: I write to you regarding H.R. 5511, a 

bill to direct the Secretary of the Interior to remedy problems 

caused by a collapsed drainage tunnel in Leadville, Colorado. 

H.R. 5511 contains provisions that fall within the jurisdiction of 

the Committee on Transportation and Infrastructure. I recognize 

and appreciate your desire to bring this legislation before the 

House in an expeditious manner and, accordingly, I will not seek 

a sequential referral of the bill. However, I agree to waive consideration of this bill with the mutual understanding that my decision 

to forego a sequential referral of the bill does not waive, reduce, or 

otherwise affect the jurisdiction of the Committee on Transportation and Infrastructure over H.R. 5511. 

Further, the Committee on Transportation and Infrastructure reserves the right to seek the appointment of conferees during any 

House-Senate conference convened on this legislation on provisions 

of the bill that are within the Committee’s jurisdiction. I ask for 

your commitment to support any request by the Committee on 

Transportation and Infrastructure for the appointment of conferees 

on H.R. 5511 or similar legislation. 

Please place a copy of this letter and your response acknowledging the Committee on Transportation and Infrastructure’s jurisdictional interest in the Committee Report on H.R. 5511 and in the 

Congressional Record during consideration of the measure on the 

House Floor. 

I look forward to working with you as we prepare to pass this 

important legislation. 

Sincerely, 

JAMES L. OBERSTAR, 

Chairman. 


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HOUSE OF REPRESENTATIVES, COMMITTEE ON NATURAL RESOURCES, Washington, DC, June 16, 2008. 

Hon. JAMES OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, Washington, DC. 

DEAR MR. CHAIRMAN: Thank you for your willingness to expedite 

floor consideration of H.R. 5511, a bill to direct the Secretary of the 

Interior to remedy problems caused by a collapsed drainage tunnel 

in Leadville, Colorado. 

I appreciate your willingness to waive rights to further consideration of H.R. 5511, notwithstanding the jurisdictional interest of 

the Committee on Transportation and Infrastructure. Of course, 

this waiver does not prejudice any further jurisdictional claims by 

your Committee over this legislation or similar language. Furthermore, I agree to support your request for appointment of conferees 

from the Committee on Transportation and Infrastructure if a conference is held on this matter. 

This exchange of letters will be placed in the committee report 

and inserted in the Congressional Record as part of the consideration of the bill on the House floor. Thank you for the cooperative 

spirit in which you have worked regarding this matter and others 

between our respective committees. 

With warm regards, I am 

Sincerely, 

NICK J. RAHALL, II, 

Chairman. 

Æ 


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