[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Notices]
[Pages 35608-35609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17402]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with Department of Justice Policy, 28 CFR 50.7, 38 FR 
19029, and 42 U.S.C. 9622(d), notice is hereby given that on June 25, 
1998, a proposed Consent Decree was lodged with the United States 
District Court for the District of Montana in United States et al. v. 
Crown Butte Mines, Inc. et al., Civil Action No. CV-98-91-BLG-JDS. the 
proposed Consent Decree: (1) settles claims asserted by the United 
States and the State of Montana arising out of the release or threat of 
release of hazardous substances attributable to mining related 
activities on certain lands located within the New World Mining 
District in western Montana (the ``Site''); (2) settles claims asserted 
in a related action also pending in the same court styled Beartooth 
Alliance et al. v. Crown Butte Mines, Inc et al., Cause No. CV 93-154-
BLG-JDS; and (3) satisfies and effectuates an agreement in principle 
entered August 12, 1996, between the United States, the Settling 
Defendants, and certain public interest groups relating to the 
termination of efforts to open a proposed gold mine in the New World 
Mining District (the ``August 12 Agreement'').
    The defendants in the action brought by the United States and the 
State are Crown Butte Mines, Inc. and Crown Butte Resources Ltd 
(collectively referred to as ``Crown Butte''). The Complaint filed by 
the United States and the State asserts claims on behalf of both 
governments under the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9601 et seq. (``CERCLA'') 
and asserts claims on behalf of the State pursuant to the Montana 
Comprehensive Environmental Cleanup and Responsibility Act, Title 75, 
Chapter 10, part 7, M.C.A. (``CECRA''), to recover costs incurred in 
connection with response actions taken or to be taken at the Site, for 
recovery for injuries to natural resources, and to obtain injunctive 
relief requiring the defendants to take further response and/or 
restoration actions at the Site.
    Simultaneously with the filing of the Complaint, the United States 
and the State moved the Court to consolidate their action with the 
Beartooth Alliance et al. action. In that action, Beartooth Alliance, 
Greater Yellowstone Coalition, Northern Plains Resource Council, 
Northwest Wyoming Resource Council, Sierra Club, Gallatin Wildlife 
Association, Wyoming Wildlife Federation, Montana Wildlife Federation, 
and Wyoming Outdoor Council, all not for profit corporations 
(collectively referred to herein as ``GYC''), brought claims against 
Crown Butte, Noranda Minerals Corp., Noranda Exploration, Inc., and 
Noranda Inc. alleging that the defendants were discharging pollutants 
into navigable waters of the United States from point sources in the 
New World Mining District in violation of Section 301(a) of

[[Page 35609]]

the Clean Water Act, 33 U.S.C. 1251-1387 (``CWA'').
    The parties to the consolidated actions are also parties to, or are 
interested in, the August 12 Agreement. The August 12, 1996 Agreement 
involved, among other things, the purchase by the United States of 
certain interests in properties in the New World Mining District on 
which Crown Butte proposed to develop a gold mine (the ``District 
Property''), the escrow of a portion of the purchase monies for use in 
conducting response and/or restoration actions to address the effects 
of releases or threats of release of hazardous substances in the New 
World Mining District and the granting of a number of covenants by the 
parties to the Agreement. Through Pub. L. 105-83, 111 Stat. 1614, 
enacted November 14, 1998, Congress authorized the implementation of 
the Agreement and appropriated up to $65,000,000 for this purpose. With 
the lodging of the proposed Consent Decree the requirements of Pub. L. 
105-83 have been satisfied. Entry of the proposed Consent Decree and 
the implementation of its provisions will satisfy the objectives and 
obligations contained in the August 12 Agreement.
    Pursuant to the Consent Decree, Crown Butte will transfer, cause to 
be transferred, or relinquish to the United States those property 
interests that comprise the District Property. In return, the United 
States will pay Crown Butte $65,000,000. Immediately upon receipt of 
the payment from the United States, Crown Butte will pay into escrow 
$22,500,000 to be used by the United States, after consultation with 
the State, to implement response and/or restoration actions to address:
    (1) Releases or threats of release of hazardous substances, 
pollutants, or contaminants at the Site; (2) injuries to natural 
resources resulting from such releases; and (3) other matters affecting 
water quality or natural resources in certain stream systems on or 
adjacent to the Site. In addition, the Consent Decree provides that any 
funds remaining after completion of actions noted in the preceding 
sentence will be used by the United States for other purposes and/or 
restoration actions within the New World Mining District. The proposed 
Consent Decree also contains undertakings by Crown Butte and certain 
named related companies to forebear in perpetuity any mining related 
activities in the New World Mining District.
    The proposed Consent Decree provides for covenants not to sue from 
the United States, the State, and GYC in favor of Crown Butte and 
certain names related companies for claims pursuant to Sections 106 and 
107(a) of CERCLA, Section 7003 of the Resource Conservation and 
Recovery Act, 42 U.S.C. 6901 3et seq., The Clean Water Act, 33 U.S.C. 
1251 et seq., and/or the CECRA, Title 75, chapter 10, Part 7, and the 
Montana Water Quality Act, Title 75, Chapter 5 MCA. In addition, the 
proposed Consent Decree provides for covenants from Crown Butte, GYC 
and the State in favor of the United States relating to conditions in 
the New World Mining District and the response and/or restoration 
actions to be performed there.
    The Department of Justice will receive written comments relating to 
the proposed Consent Decree for thirty (30) days from the date of 
publication of this notice. Comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, U.S. Department of Justice, Washington, DC 20530, and should 
refer to United States et al. v. Crown Butte Mines, Inc. et al., D.J. 
Ref. No. 90-11-3-1674.
    The proposed Consent Decree and exhibits may be examined at the 
following locations: Gallatin National Forest, Supervisor's Office, 10 
East Babcock, Ave., Federal Bldg. Boseman, Montana; Gardiner Ranger 
District, U.S. Highway 89 South, Gardiner, Montana; and, the Office of 
the United States Attorney, District of Montana, 301 South Park Ave., 
Helena, Montana, and 2929 Third Avenue, North, Suite 400, Billings, 
Montana.
    A copy of the Consent Decree and exhibits (if requested) may be 
obtained in person or by mail from the Consent Decree Library, 1120 G 
Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. In 
requesting copies, please enclose a check in the amount of $20.50 
(without exhibits) or $31.00 (with exhibits) (25 cents per page 
reproduction cost) payable to the ``Consent Decree Library.''
Bruce Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 98-17402 Filed 6-29-98; 8:45 am]
BILLING CODE 4410-15-M