II 

111TH CONGRESS 

2D SESSION S. 3404 

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 take actions to improve environmental conditions 

in the vicinity of the Leadville Mine Drainage Tunnel in Lake County, 

Colorado, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2010 

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 

take actions to improve environmental conditions in the 

vicinity of the Leadville Mine Drainage Tunnel in Lake 

County, 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 Act of 2010’’. 


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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 and 

7 maintain the structural integrity of the Leadville Mine 

8 Drainage Tunnel as may be necessary to maintain the 

9 Leadville Mine Drainage Tunnel in safe condition and to 

10 preclude uncontrolled release of water.’’. 

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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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) RECLAMATION TREATMENT PLANT.— 

6 The Secretary may treat water delivered 

7 through the Leadville Mine Drainage Tunnel 

8 (referred to in this paragraph as the ‘Tunnel’), 

9 including— 

10 ‘‘(i) surface water diverted into the 

11 Tunnel; or 

12 ‘‘(ii) water collected by the dewatering 

13 relief well installed in June of 2008. 

14 ‘‘(3) AUTHORIZATION OF SECRETARY.—The 

15 Secretary may— 

16 ‘‘(A) improve and expand the Reclamation 

17 Treatment Plant; and 

18 ‘‘(B) develop processes under which the 

19 treatment of any water in the Treatment Plant 

20 (excluding historical flows through the Tunnel 

21 and water collected by the dewatering relief well 

22 installed in June of 2008) could be made a re23 imbursable expense. 

24 ‘‘(4) DUTY OF SECRETARY.—If the Adminis25 trator of the Environmental Protection Agency proVerDate Mar 15 2010 00:01 May 25, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3404.IS S3404

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1 poses to amend or issue a new Record of Decision 

2 for operable unit 6, the Administrator shall consult 

3 with the Secretary on each feature of the proposed 

4 new or amended Record of Decision that may re5 quire alterations to, or otherwise affect, the oper6 ation or maintenance of the Tunnel or Reclamation 

7 Treatment Plant.’’; and 

8 (5) by striking ‘‘For the purpose of’’ and insert9 ing the following: 

10 ‘‘(5) DEFINITION OF UPPER ARKANSAS RIVER

11 BASIN.—In’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 708(f) of the Reclamation Projects Authorization and Ad14 justment Act of 1992 (Public Law 102–575; 106 Stat. 

15 4657) is amended by striking ‘‘sections 707 and 708’’ and 

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

17 (c) CONFORMING AMENDMENT.—The table of con18 tents of title VII of the Reclamation Projects Authoriza19 tion and Adjustment Act of 1992 (Public Law 102–575; 

20 106 Stat. 4601) is amended by striking the item relating 

21 to section 705 and inserting the following: 

‘‘Sec. 705. Tunnel maintenance.’’. 

Æ 


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