II 

111TH CONGRESS 

1ST SESSION S. 1417 

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 remedy problems caused by a collapsed drainage 

tunnel in Leadville, Colorado, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 8, 2009 

Mr. UDALL of Colorado introduced the following bill; which was read twice 

and referred to the Committee on Energy and Natural Resources 

A BILL 

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 

remedy problems caused by a collapsed drainage tunnel 

in Leadville, Colorado, and for other purposes. 

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 ‘‘Leadville Mine Drain5 age Tunnel Remediation Act of 2009’’. 


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•S 1417 IS

1 SEC. 2. TUNNEL MAINTENANCE. 

2 Section 705 of the Reclamation Projects Authoriza3 tion and Adjustment Act of 1992 (Public Law 102–575; 

4 106 Stat. 4656) is amended to read as follows: 

5 ‘‘SEC. 705. TUNNEL MAINTENANCE. 

6 ‘‘The Secretary shall take such steps to repair or 

7 maintain the structural integrity of the Leadville Mine 

8 Drainage Tunnel as are necessary to prevent Tunnel fail9 ure and to preclude uncontrolled release of water from any 

10 portion of the Tunnel.’’. 

11 SEC. 3. WATER QUALITY RESTORATION. 

12 (a) IN GENERAL.—Section 708(a) of the Reclamation 

13 Projects Authorization and Adjustment Act of 1992 (Pub14 lic Law 102–575; 106 Stat. 4657) is amended— 

15 (1) by striking ‘‘(a) The Secretary’’ and insert16 ing the following: 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) AUTHORIZATION.—The Secretary’’; 

19 (2) by striking ‘‘Neither’’ and inserting the fol20 lowing: 

21 ‘‘(2) LIABILITY.—Neither’’; 

22 (3) by striking ‘‘The Secretary shall have’’ and 

23 inserting the following: 

24 ‘‘(3) FACILITIES COVERED UNDER OTHER

25 LAWS.— 


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•S 1417 IS

1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the Secretary shall have’’; 

3 (4) by inserting after ‘‘Recovery Act.’’ the fol4 lowing: 

5 ‘‘(B) CALIFORNIA GULCH SUPERFUND

6 SITE OPERABLE UNIT 6 REMEDY.—The Sec7 retary shall participate in the implementation of 

8 the operable unit 6 remedy for the California 

9 Gulch Superfund Site, as the remedy is de10 scribed in the Record of Decision of the Envi11 ronmental Protection Agency for the operable 

12 unit (2003), by— 

13 ‘‘(i) treating water behind any block14 age or bulkhead in the Leadville Mine 

15 Drainage Tunnel, including surface water 

16 diverted into the Tunnel workings as part 

17 of the remedy; and 

18 ‘‘(ii) managing and maintaining the 

19 mine pool behind the blockage or bulkhead 

20 at a level that precludes surface runoff and 

21 releases and minimizes the potential for 

22 Tunnel failure due to excessive water pres23 sure in the Tunnel.’’; and 

24 (5) by striking ‘‘For the purpose of’’ and insert25 ing the following: 


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•S 1417 IS

1 ‘‘(4) DEFINITION OF UPPER ARKANSAS RIVER

2 BASIN.—In’’. 

3 (b) AUTHORIZATION OF APPROPRATIONS.—Section 

4 708(f) of the Reclamation Projects Authorization and Ad5 justment Act of 1992 (Public Law 102–575; 106 Stat. 

6 4657) is amended by striking ‘‘sections 707 and 708’’ and 

7 inserting ‘‘this section and sections 705 and 707’’. 

Æ 


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