I 

108TH CONGRESS 

1ST SESSION H. R. 2116

To direct the Administrator of the Environmental Protection Agency to provide relocation and other assistance for residents at the Tar Creek 

Superfund site. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2003

Mr. CARSON of Oklahoma introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure, and in addition to 

the Committee on Energy and Commerce, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To direct the Administrator of the Environmental Protection 

Agency to provide relocation and other assistance for 

residents at the Tar Creek Superfund site.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tar Creek Restoration 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) The Tar Creek Superfund Site (the ‘‘Site’’) 

2 is a former lead and zinc mining area located in the 

3 northeastern portion of Ottawa County, Oklahoma. 

4 (2) The Site includes the Oklahoma portion of 

5 the Tri-State Mining District of Oklahoma, Kansas, 

6 and Missouri. 

7 (3) The Site is located in one of the most flood8 prone parts of Oklahoma. 

9 (4) Mining began at the Site in the early 1900s 

10 and continued until the 1970s. 

11 (5) Due to water in the ore-producing Boone 

12 Aquifer, mining companies were forced to pump 

13 large volumes of water from the extensive under14 ground mine workings when the mines were in oper15 ation. 

16 (6) Much of the mining at the Site was on In17 dian land controlled by the Bureau of Indian Af18 fairs. 

19 (7) During World War I, mining at the Site ac20 counted for more than 45 percent of the Nation’s 

21 wartime consumption of lead and zinc. 

22 (8) Mining at the Site created millions of tons 

23 of waste tailings, or chat. 
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1 (9) In 1923, the Department of the Interior 

2 recommended that chat be stockpiled aboveground at 

3 the Site so as to enable later reprocessing. 

4 (10) During World War II, the Department of 

5 the Interior reiterated its recommendation that chat 

6 be stockpiled aboveground at the Site. 

7 (11) In 1960, Congress enacted the Small Pro8 ducers Lead and Zinc Mining Stabilization Act, 

9 which attempted to encourage lead and zinc produc10 tion at the Site. 

11 (12) As mining abated in the early 1970s, the 

12 vast underground mine workings at the Site began 

13 to refill with water from the Boone Aquifer. 

14 (13) As water filled the mines, the native sul15 fide minerals, which had been oxidized by exposure 

16 to air, dissolved and created acid mine water. 

17 (14) In 1979, acid mine water began dis18 charging at the surface from several locations at the 

19 Site. 

20 (15) In 1983, the Site was placed on the Na21 tional Priorities List. 

22 (16) In 1984, the Environmental Protection 

23 Agency began work to remediate the acid mine water 

24 at the Site. 
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1 (17) In 1994, after spending millions of dollars 

2 at the Site, the Environmental Protection Agency 

3 concluded that it was essentially impossible to reme4 diate the acid mine water. 

5 (18) There are at least 1,300 mine shafts at 

6 the Site, many of which remain open. 

7 (19) There are at least 100,000 boreholes at 

8 the Site. 

9 (20) The open mine shafts at the Site are a 

10 source of recharge to the underground mine work11 ings. 

12 (21) Millions of tons of chat scar the surface 

13 area of the Site. 

14 (22) The stockpiled chat at the Site is laced 

15 with heavy metals, including lead, that are toxic to 

16 humans. 

17 (23) The stockpiled chat contributes to the 

18 flood problems at the Site and surrounding commu19 nities. 

20 (24) The stockpiled chat stores water that re21 charges the underground mine workings. 

22 (25) The stockpiled chat at the Site has been 

23 used to construct roads at the Site, as well as back24 fill for yards, in driveways, in foundations of homes, 

25 and other high-access areas. 
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1 (26) The use of chat in construction has left 

2 the residential areas of the Site contaminated with 

3 heavy metals, including lead. 

4 (27) In 1994, the Environmental Protection 

5 Agency began work to remediate residential yards 

6 that contained unsafe lead concentration levels. 

7 (28) Scientific studies prove that a large num8 ber of children at the Site have elevated blood lead 

9 levels. 

10 (29) Elevated blood lead levels in children have 

11 been proven to cause learning disabilities and other 

12 severe health problems. 

13 (30) Scientific studies suggest that dust from 

14 the stockpiled chat presents a danger to human 

15 health. 

16 (31) Because mining left underground cavities 

17 at the Site, there have been repeated cave-ins, or 

18 subsidences, at the Site, with many greater than 100 

19 feet in diameter. Subsidences have occurred in popu20 lated areas and near schools. 

21 (32) No work has been undertaken by any 

22 agency of the United States Government to reme23 diate the stockpiled chat or subsidence dangers at 

24 the Site. 
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1 (33) There have been no comprehensive epide2 miological studies of the Site. 

3 (34) Because of its many unique environmental 

4 problems, the Site can never be made safe for 

5 human habitation. 

6 SEC. 3. ASSISTANCE. 

7 (a) IN GENERAL.—The Administrator of the Envi8 ronmental Protection Agency shall provide assistance 

9 under the Uniform Relocation Assistance and Real Prop10 erty Acquisition Policies Act of 1970 (42 U.S.C. 4621 et 

11 seq.) to residents within the 17 square mile area identified 

12 in Governor Keating’s Tar Creek Superfund Task Force 

13 Final Report of October 2000, including the communities 

14 of Picher and Cardin on the Tar Creek Superfund site 

15 in Oklahoma. The Environmental Protection Agency shall 

16 be considered the displacing agency for purposes of the 

17 application of that Act. 

18 (b) CONTINUING RESPONSIBILITY.—Nothing in this 

19 Act shall be construed to relieve the Administrator of the 

20 Environmental Protection Agency or any other Federal 

21 agency of any responsibility under law with respect to the 

22 cleanup of the Tar Creek Superfund site. 

23 (c) COMPREHENSIVE RESOLUTION.—The Adminis24 trator of the Environmental Protection Agency shall work 

25 with other appropriate Federal and State officials to seek 
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1 a comprehensive resolution to the environmental and 

2 health problems related to the Tar Creek Superfund site.

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