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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1614 Introduced in Senate (IS)]

104th CONGRESS
  2d Session
                                S. 1614

    To provide for the stabilization, enhancement, restoration, and 
 management of the Coeur d'Alene River basin watershed, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               March 14 (legislative day, March 13), 1996

  Mr. Craig (for himself and Mr. Kempthorne) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
    To provide for the stabilization, enhancement, restoration, and 
 management of the Coeur d'Alene River basin watershed, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coeur d'Alene River Basin 
Environmental Restoration Act of 1996''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to provide for the stabilization, enhancement, 
        restoration, and management of the Coeur d'Alene River basin to 
        the extent necessary to repair and mitigate environmental 
        damage caused by past mining development;
            (2) to reduce unacceptable risks to human health in the 
        Coeur d'Alene River basin;
            (3) to develop and implement a comprehensive watershed 
        management and enhancement plan for the Coeur d'Alene River 
        basin; and
            (4) to authorize the funds necessary to implement the plan 
        and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Action plan.--The term ``action plan'' means the plan 
        for the stabilization, enhancement, restoration, and management 
        of the Coeur d'Alene River basin prepared under section 5(a).
            (2) Bunker hill superfund site.--The term ``Bunker Hill 
        Superfund Site'' means the 21-square mile facility known by 
        that name that is listed on the National Priorities List 
        established under section 105(a)(8)(B) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9605(a)(8)(B)) as of the date of enactment of this 
        Act.
            (3) Coeur d'alene river basin.--The term ``Coeur d'Alene 
        River basin'' means the watersheds in northern Idaho, including 
        the Bunker Hill Superfund Site, that contain--
                    (A) the South Fork of the Coeur d'Alene River and 
                tributaries of the fork;
                    (B) Beaver and Prichard Creeks, which are 
                tributaries of the North Fork of the Coeur d'Alene 
                River;
                    (C) the main stream of the Coeur d'Alene River 
                below the South Fork, including the lateral lakes;
                    (D) Lake Coeur d'Alene; and
                    (E) any area downstream of Lake Coeur d'Alene that 
                is allegedly affected by mining-related activities in 
                the areas described in subparagraphs (A) through (D).
            (4) Commission.--The term ``Commission'' means the Coeur 
        d'Alene River Basin Commission established by section 6.
            (5) Fund.--The term ``Fund'' means the Coeur d'Alene Trust 
        Fund established by section 4.
            (6) Governor.--The term ``Governor'' means the Governor of 
        the State of Idaho.
            (7) Person.--The term ``person'' means--
                    (A) an individual, firm, corporation, association, 
                partnership, consortium, joint venture, and commercial 
                entity;
                    (B) the Federal Government; and
                    (C) a State, municipality, commission, political 
                subdivision of a State, Indian tribe, and interstate 
                body.
            (8) Private person.--The term ``private person'' means a 
        person other than the Federal Government or a State, 
        municipality, commission, political subdivision of a State, 
        Indian tribe, or interstate body.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.

SEC. 4. COEUR D'ALENE TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the ``Coeur d'Alene Trust 
Fund'', consisting of--
            (1) such amounts as are appropriated to the Fund under 
        section 9;
            (2) amounts contributed by a private person under section 
        7(b);
            (3) amounts contributed by any other person or trust; and
            (4) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), upon request by 
        the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary such amounts as are required 
        pursuant to paragraph (2) and section 5 to carry out this Act.
            (2) Administrative expenses.--An amount not exceeding 10 
        percent of the amounts in the Fund shall be available in each 
        fiscal year to pay the administrative expenses necessary to 
        carry out this Act.
    (c) Investment of Funds.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at the market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (e) Financial Statements.--In conformance with generally accepted 
accounting principles, the Secretary shall prepare annual financial 
statements concerning expenditures from the Fund. The financial 
statements shall be audited annually by the Comptroller General.

SEC. 5. ACTION PLAN.

    (a) Development.--
            (1) In general.--At the request of the Governor, the 
        Secretary shall request from the Secretary of the Treasury and 
        provide to the State of Idaho amounts from the Fund, up to a 
        maximum of $500,000, for the Governor to use, in conjunction 
        with the Coeur d'Alene River Basin Commission, to develop an 
        action plan to support and enhance natural recovery of the 
        Coeur d'Alene River basin through cost-effective measures, 
        which may vary from location to location, in the Coeur d'Alene 
        River basin.
    (b) Practices.--The action plan shall embody practices designed to 
achieve--
            (1) reductions of discharges of historic mine drainage, to 
        the extent appropriate and feasible;
            (2) isolation, capping, or removal of mine tailings, to the 
        extent appropriate and feasible;
            (3) improvement of habitat by adding plantings and reducing 
        exposures of certain fish and wildlife to heavy metals;
            (4) stabilization of river banks and rights of way; and
            (5) any other appropriate available restoration options 
        that are consistent with this Act.
    (c) Contents.--The action plan shall--
            (1) identify priority programs, activities, and projects 
        for addressing mining waste and discharges and other point and 
        nonpoint sources of elevated concentrations of metals created 
        prior to the date of enactment of this Act;
            (2) describe the methods for funding and schedules for the 
        programs, activities, and projects, including the use of 
        Federal and other sources of funds;
            (3) include a strategy for environmental improvement of the 
        Coeur d'Alene River basin, including the promotion of 
        prevention and management practices to reduce the quantity of 
        nutrient loading in the Coeur d'Alene River basin;
            (4) characterize and assess relevant data on environmental 
        problems of the Coeur d'Alene River basin, including assessment 
        of trends in water quality, natural resources, and use of Coeur 
        d'Alene River basin resources;
            (5) to the extent practicable, use and incorporate--
                    (A) available Federal and tribal studies and data; 
                and
                    (B) plans prepared, and priorities established by, 
                the State of Idaho or private parties, including the 
                Coeur d'Alene River Basin Restoration Project Citizens' 
                Advisory Committee,
        for the stabilization, enhancement, and restoration of the 
        Coeur d'Alene River basin; and
            (6) include procedures for public comment on the contents 
        and implementation of the action plan.
    (d) Implementation.--
            (1) Submission of action plan.--The Governor shall submit a 
        completed action plan to the Secretary by June 1, 1997.
            (2) Payment of balance of fund.--Immediately on submission 
        of the action plan by the Governor, the Secretary shall provide 
        the remaining amounts in the Fund to the State of Idaho, to be 
        held in trust to fund the implementation of the action plan by 
        the Governor, in conjunction with the Commission.
            (3) Extension of deadline.--On written notice by the 
        Governor to the Secretary, the deadline for submission of the 
        action plan shall be extended for up to 24 months.
    (e) Powers of Secretary.--As necessary in carrying out this Act and 
without regard to Federal laws governing reduction of paperwork, 
acquisition of property and administrative services, or public 
buildings, the Secretary may use amounts in the Fund to--
            (1) enter into contracts, agreements, and other 
        arrangements, including financial arrangements for professional 
        services, supplies, construction, maintenance, management, and 
        operation of equipment;
            (2) purchase, lease, and otherwise dispose of real and 
        personal property; and
            (3) carry out such other activities, including the hiring 
        of staff, as are necessary to develop and implement the action 
        plan.
    (f) Gifts.--As necessary in carrying out this Act, the Secretary 
may accept, use, and dispose of gifts or donations of services and 
property.

SEC. 6. COEUR D'ALENE RIVER BASIN COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Coeur d'Alene River Basin Commission'' to work in conjunction 
with the Governor in the development and implementation of the action 
plan. Except as provided in subsection (b), the members of the 
Commission shall be appointed by the Governor.
    (b) Membership.--The Commission shall consist of--
            (1) 1 representative of the Idaho Department of 
        Environmental Quality;
            (2) 1 representative of the Idaho Department of Fish and 
        Game;
            (3) 1 representative of the Environmental Protection 
        Agency, to be appointed by the Administrator of the 
        Environmental Protection Agency;
            (4) 1 representative of the Department of the Interior and 
        the Department of Agriculture, to be appointed jointly by the 
        Secretary of the Interior and the Secretary of Agriculture;
            (5) 1 representative of each of the county governments of 
        Benewah County, Kootenai County, and Shoshone County, Idaho;
            (6) 1 representative of the trustees established under the 
        settlement agreement of May 31, 1986, entered in State of Idaho 
        v. Bunker Hill Co., No. 83-3161 (D. Idaho);
            (7) 1 representative of the Coeur d'Alene Tribe, appointed 
        by the Tribe;
            (8) 2 representatives of the Coeur d'Alene River Basin 
        Restoration Project Citizens' Advisory Committee;
            (9) 1 representative of the mining industry; and
            (10) 1 representative of other affected industries.
    (c) Terms.--
            (1) In general.--The term of a member of the Commission 
        shall be 2 years.
            (2) Vacancies.--Any vacancy on the Commission shall be 
        filled in the manner in which the appointment was made.
    (d) Initial Appointments.--The initial members of the Commission 
shall be appointed not later than 90 days after the date of enactment 
of this Act.
    (e) Chairperson.--The members of the Commission shall elect 
annually a chairperson from among the members of the Commission.
    (f) Advisory Committees.--In working in conjunction with the 
Governor in the development and implementation of the action plan, the 
Commission shall appoint, and consult as appropriate--
            (1) a technical advisory committee; and
            (2) a citizens' advisory committee.
    (g) Employment Status.--
            (1) In general.--Except as provided in paragraph (2), a 
        member of the Commission shall not be considered to be an 
        officer or employee of the United States for any purpose.
            (2) Federal representatives.--A member of the Commission 
        appointed under subsection (b) (3) or (4) may be an officer or 
        employee of the United States.
    (h) Procedures.--
            (1) Adoption, amendment, and repeal.--The Commission shall 
        adopt and, as appropriate, amend or repeal by majority vote 
        procedures governing the manner in which the business of the 
        Commission may be conducted.
            (2) Availability to the public.--The Commission shall make 
        available to the public a statement of the organization, 
        practices, and procedures of the Commission.
            (3) Public hearings.--All Commission meetings shall be open 
        to the public.
    (i) Funding.--Funds made available under section 5 (a) and (d) 
shall be used to pay the necessary expenses of the Commission.

SEC. 7. LIMITATIONS ON LIABILITY.

    (a) Persons Engaged in Coeur d'Alene River Basin Activities.--
            (1) In general.--Except as provided in paragraph (2), a 
        person shall have no liability under the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control 
        Act (33 U.S.C. 1251 et seq.), or the Solid Waste Disposal Act 
        (42 U.S.C. 6901 et seq.) for any response cost, response or 
        other cleanup or corrective action, obligation, penalty, or 
        natural resource damage, within the Coeur d'Alene River basin 
        attributable to any release or potential release of a hazardous 
        substance resulting from a mining-related or other activity in 
        the Coeur d'Alene River basin undertaken before the date of 
        enactment of this Act, except that--
                    (A) the liability and obligations of any person for 
                activity covered by the terms of a Federal or State 
                permit shall continue to be determined in accordance 
                with the terms of the permit; and
                    (B) this paragraph shall not affect the terms and 
                obligations of the consent decrees entered in United 
                States v. Asarco Inc., Civil No. 94-0206-N-HLR, United 
                States District Court, District of Idaho.
            (2) Termination of liability limitation.--
                    (A) In general.--Paragraph (1) shall cease to apply 
                with respect to a person if, on the date that is 2 
                years after the date on which the Governor submits the 
action plan to the Secretary, the person has not entered into an 
enforceable agreement described in subparagraph (B).
                    (B) Enforceable agreement.--An enforceable 
                agreement referred to in subparagraph (A) is an 
                agreement entered into by the State of Idaho and a 
                person that requires the person to contribute, over a 
                period up to 10 years, the person's fair share, which 
                may include funds, land, interests in lands, goods and 
                services, in an amount or value determined by the 
                Governor, in conjunction with the Commission, after 
                consideration of all relevant factors, including--
                            (i) the past contributions and efforts and 
                        existing commitments of the person toward 
                        environmental improvement in the Coeur d'Alene 
                        River basin;
                            (ii) the importance of maintaining the 
                        viability of mining and the mining companies 
                        and other activities that have been active and 
                        continue to be active in the Coeur d'Alene 
                        River basin; and
                            (iii) the estimated cost to implement the 
                        action plan.
                    (C) Liability of persons that enter into 
                agreements.--
                            (i) No action against person in 
                        compliance.--A person that enters into an 
                        enforceable agreement described in subparagraph 
                        (B) shall not be subject to any action or 
                        liability for cleanup under the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
                        the Federal Water Pollution Control Act (33 
                        U.S.C. 1251 et seq.), and the Solid Waste 
                        Disposal Act (42 U.S.C. 6901 et seq.) resulting 
                        from mining related or other activity in the 
                        Coeur d'Alene River basin undertaken before the 
                        date of enactment of this Act, except as set 
                        forth in subsection (a)(1) (A) and (B), if the 
                        person is in compliance with the terms of the 
                        enforceable agreement.
                            (ii) Tolling of period of limitations.--The 
                        period of limitations applicable to an action 
                        described in clause (i) shall be tolled during 
                        the term of any enforceable agreement.
                            (iii) Release.--On completion of 
                        performance of an enforceable agreement, the 
                        person executing the agreement shall be 
                        released from all liability under the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601 et seq.), the Federal Water 
                        Pollution Control Act (33 U.S.C. 1251 et seq.), 
                        and the Solid Waste Disposal Act (42 U.S.C. 
                        6901 et seq.).
                    (D) Liability of the governor, commission, and 
                state.--The Governor, the State of Idaho, and the 
                Commission shall not be liable under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.), the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.), the 
                Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or 
                any other Federal law for any activities conducted in 
                accordance with the action plan.
    (b) Innocent Landowners.--A person shall have no liability under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.), the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), or the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.) for any response cost, response or other 
cleanup or corrective action, obligation, penalty, or natural resource 
damages within the Coeur d'Alene River basin attributable to any 
release or potential release of a hazardous substance resulting from a 
mining-related activity in the Coeur d'Alene River basin engaged in on 
or before the date of enactment of this Act if the person establishes 
by a preponderance of the evidence that the release or potential 
release was caused solely by an act or omission of a third party (other 
than the person or an employee or agent of that person).

SEC. 8. COOPERATIVE AGREEMENTS.

    (a) Authority.--The Secretary may enter into cooperative agreements 
with the Governor and the Commission to carry out activities necessary 
to implement the action plan.
    (b) Funding of Cooperative Agreements.--The Secretary shall obtain 
from the Fund such sums as are necessary to carry out activities under 
cooperative agreements entered into under subsection (a).

SEC. 9. EFFECT ON TRIBAL AUTHORITY.

    Nothing in this Act impairs, impedes, waives, prejudices, or in any 
way limits any civil or regulatory jurisdiction or inherent sovereign 
authority of the Coeur d'Alene Tribe over land, water, resources, or 
activities within the Coeur d'Alene Indian Reservation, but the Coeur 
d'Alene Tribe shall be bound by determinations that are made pursuant 
to and in accordance with this Act.

SEC. 10. FUNDING.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as are necessary to carry out this 
Act.
    (b) Other Funding.--The Secretary of the Interior, the Secretary of 
Agriculture, the Secretary of the Army, and the Administrator of the 
Environmental Protection Agency may use research, development, 
demonstration, and other appropriated funds, in a manner consistent 
with the purposes for which the funds are appropriated, to carry out 
activities that are part of, or consistent with, the action plan.
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