II 

Calendar No. 606 

111TH CONGRESS 

2D SESSION S. 3404 

[Report No. 111–320] 

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 

SEPTEMBER 27, 2010 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 


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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’’. 

6 SEC. 2. TUNNEL MAINTENANCE. 

7 Section 705 of the Reclamation Projects Authoriza8 tion and Adjustment Act of 1992 (Public Law 102–575; 

9 106 Stat. 4656) is amended to read as follows: 

10 ‘‘SEC. 705. TUNNEL MAINTENANCE. 

11 ‘‘The Secretary shall take such steps to repair and 

12 maintain the structural integrity of the Leadville Mine 

13 Drainage Tunnel as may be necessary to maintain the 

14 Leadville Mine Drainage Tunnel in safe condition and to 

15 preclude uncontrolled release of water.’’. 

16 SEC. 3. WATER QUALITY RESTORATION. 

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

18 Projects Authorization and Adjustment Act of 1992 (Pub19 lic Law 102–575; 106 Stat. 4657) is amended— 

20 (1) by striking ‘‘(a) The Secretary’’ and insert21 ing the following: 

22 ‘‘(a) IN GENERAL.— 

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

24 (2) by striking ‘‘Neither’’ and inserting the fol25 lowing: 


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1 ‘‘(2) LIABILITY.—Neither’’; 

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

3 inserting the following: 

4 ‘‘(3) FACILITIES COVERED UNDER OTHER

5 LAWS.— 

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

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

8 (4) by inserting after ‘‘Recovery Act.’’ the fol9 lowing: 

10 ‘‘(B) RECLAMATION TREATMENT PLANT.— 

11 The Secretary may treat water delivered 

12 through the Leadville Mine Drainage Tunnel 

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

14 including— 

15 ‘‘(i) surface water diverted into the 

16 Tunnel; or 

17 ‘‘(ii) water collected by the dewatering 

18 relief well installed in June of 2008. 

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

20 Secretary may— 

21 ‘‘(A) improve and expand the Reclamation 

22 Treatment Plant; and 

23 ‘‘(B) develop processes under which the 

24 treatment of any water in the Treatment Plant 

25 (excluding historical flows through the Tunnel 


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1 and water collected by the dewatering relief well 

2 installed in June of 2008) could be made a re3 imbursable expense. 

4 ‘‘(4) DUTY OF SECRETARY.—If the Adminis5 trator of the Environmental Protection Agency pro6 poses to amend or issue a new Record of Decision 

7 for operable unit 6, the Administrator shall consult 

8 with the Secretary on each feature of the proposed 

9 new or amended Record of Decision that may re10 quire alterations to, or otherwise affect, the oper11 ation or maintenance of the Tunnel or Reclamation 

12 Treatment Plant.’’; and 

13 (5) by striking ‘‘For the purpose of’’ and insert14 ing the following: 

15 ‘‘(5) DEFINITION OF UPPER ARKANSAS RIVER

16 BASIN.—In’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 708(f) of the Reclamation Projects Authorization and Ad19 justment Act of 1992 (Public Law 102–575; 106 Stat. 

20 4657) is amended by striking ‘‘sections 707 and 708’’ and 

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

22 (c) CONFORMING AMENDMENT.—The table of con23 tents of title VII of the Reclamation Projects Authoriza24 tion and Adjustment Act of 1992 (Public Law 102–575; 


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1 106 Stat. 4601) is amended by striking the item relating 

2 to section 705 and inserting the following: 

‘‘Sec. 705. Tunnel maintenance.’’. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Leadville Mine Drainage 

5 Tunnel Act of 2010.’’. 

6 SEC. 2. TUNNEL MAINTENANCE; OPERATION AND MAINTE7 NANCE. 

8 Section 703 of the Reclamation Projects Authorization 

9 and Adjustment Act of 1992 (Public Law 102-575; 106 

10 Stat. 4656) is amended to read as follows: 

11 ‘‘SEC. 703. TUNNEL MAINTENANCE; OPERATION AND MAIN12 TENANCE. 

13 ‘‘(a) LEADVILLE MINE DRAINAGE TUNNEL.—The Sec14 retary shall take any action necessary to maintain the 

15 structural integrity of the Leadville Mine Drainage Tun16 nel— 

17 ‘‘(1) to maintain public safety; and 

18 ‘‘(2) to prevent an uncontrolled release of water. 

19 ‘‘(b) WATER TREATMENT PLANT.— 

20 ‘‘(1) IN GENERAL.—Subject to section 705, the 

21 Secretary shall be responsible for the operation and 

22 maintenance of the water treatment plant authorized 

23 under section 701, including any sludge disposal au24 thorized under this title. 


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1 ‘‘(2) AUTHORITY TO OFFER TO ENTER INTO CON2 TRACTS.—In carrying out paragraph (1), the Sec3 retary may offer to enter into 1 or more contracts 

4 with any appropriate individual or entity for the 

5 conduct of any service required under paragraph 

6 (1).’’. 

7 SEC. 3. REIMBURSEMENT. 

8 Section 705 of the Reclamation Projects Authorization 

9 and Adjustment Act of 1992 (Public Law 102-575; 106 

10 Stat. 4656) is amended— 

11 (1) by striking ‘‘The treatment plant’’ and in12 serting the following: 

13 ‘‘(a) IN GENERAL.—Except as provided in subsection 

14 (b), the treatment plant’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(b) EXCEPTION.—The Secretary may— 

17 ‘‘(1) enter into an agreement with any other en18 tity or government agency to provide funding for an 

19 increase in any operation, maintenance, replacement, 

20 capital improvement, or expansion cost that is nec21 essary to improve or expand the treatment plant; and 

22 ‘‘(2) upon entering into an agreement under 

23 paragraph (1)— 

24 ‘‘(A) make any necessary capital improve25 ment to or expansion of the treatment plant; and 


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1 ‘‘(B) treat flows that are conveyed to the 

2 treatment plant, including any— 

3 ‘‘(i) surface water diverted into the 

4 Leadville Mine Drainage Tunnel; and 

5 ‘‘(ii) water collected by the dewatering 

6 relief well installed in June 2008.’’. 

7 SEC. 4. USE OF LEADVILLE MINE DRAINAGE TUNNEL AND 

8 TREATMENT PLANT. 

9 Section 708(a) of the Reclamation Projects Authoriza10 tion and Adjustment Act of 1992 (Public Law 102–575; 106 

11 Stat. 4657) is amended— 

12 (1) by striking ‘‘(a) The Secretary’’ and insert13 ing the following: 

14 ‘‘(a) IN GENERAL.— 

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

16 (2) by striking ‘‘Neither’’ and inserting the fol17 lowing: 

18 ‘‘(2) LIABILITY.—Neither’’; 

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

20 inserting the following: 

21 ‘‘(3) FACILITIES COVERED UNDER OTHER

22 LAWS.— 

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

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


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1 (4) by inserting after ‘‘Recovery Act.’’ the fol2 lowing: 

3 ‘‘(B) EXCEPTION.—If the Administrator of 

4 the Environmental Protection Agency proposes to 

5 amend or issue a new Record of Decision for op6 erable unit 6 of the California Gulch National 

7 Priorities List Site, the Administrator shall con8 sult with the Secretary with respect to each fea9 ture of the proposed new or amended Record of 

10 Decision that may require any alteration to, or 

11 otherwise affect the operation and maintenance 

12 of— 

13 ‘‘(i) the Leadville Mine Drainage Tun14 nel; or 

15 ‘‘(ii) the water treatment plant author16 ized under section 701. 

17 ‘‘(4) AUTHORITY OF SECRETARY.—The Secretary 

18 may implement any improvement to, or new oper19 ation of, the Leadville Mine Drainage Tunnel or 

20 water treatment plant authorized under section 701 

21 as a result of a new or amended Record of Decision 

22 only upon entering into an agreement with the Ad23 ministrator of the Environmental Protection Agency 

24 or any other entity or government agency to provide 

25 funding for the improvement or new operation.’’; and 


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1 (5) by striking ‘‘For the purpose of’’ and insert2 ing the following: 

3 ‘‘(5) DEFINITION OF UPPER ARKANSAS RIVER

4 BASIN.—In’’. 

5 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 708(f) of the Reclamation Projects Authoriza7 tion and Adjustment Act of 1992 (Public Law 102-575; 106 

8 Stat. 4657) is amended by striking ‘‘sections 707 and 708’’ 

9 and inserting ‘‘this section and sections 703, 705, and 707’’. 

10 SEC. 6. CONFORMING AMENDMENT. 

11 The table of contents of title VII of the Reclamation 

12 Projects Authorization and Adjustment Act of 1992 (Public 

13 Law 102–575; 106 Stat. 4601) is amended by striking the 

14 item relating to section 703 and inserting the following: 

‘‘Sec. 703. Tunnel maintenance; operation and maintenance.’’. 


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Calendar No. 606 

111TH CONGRESS 

2D SESSION S. 3404 

[Report No. 111–320] 

A BILL 

To amend the Reclamation Projects Authorization 

Colorado, and for other purposes. Leadville Mine Drainage Tunnel in Lake County, ronmental conditions in the vicinity of the of Reclamation, to take actions to improve enviretary of the Interior, acting through the Bureau and Adjustment Act of 1992 to require the SecSEPTEMBER 27, 2010 

Reported with an amendment 


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