I
105TH CONGRESS
1ST SESSION
H. R. 1691
To provide for the stabilization, enhancement, restoration, and management
of the Coeur d’Alene River basin watershed.
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 1997
Mrs. CHENOWETH (for herself and Mr. CRAPO) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
To provide for the stabilization, enhancement, restoration,
and management of the Coeur d’Alene River basin watershed.
Be it enacted by the Senate and House of Representa-
tives 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 1997’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
HR 1691 IH
(1) to provide for the stabilization, enhance-
ment, 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 any unacceptable risks to human
health in the Coeur d’Alene River basin;
(3) to improve the surface waters of the Coeur
d’Alene River basin;
(4) to develop and implement a comprehensive
watershed management and enhancement plan for
the Coeur d’Alene River basin; and
(5) to authorize the funds necessary to imple-
ment 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 FACILITY.—The
term ‘‘Bunker Hill Superfund Facility’’ means the
21-square-mile area known by the name that is list-
ed on the National Priorities List established under
section 105(a)(8)(B) of the Comprehensive Environ-
HR 1691 IH
mental 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 Facility, 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 lat-
eral lakes;
(D) Lake Coeur d’Alene; and
(E) any area downstream of Lake Coeur
d’Alene that is allegedly affected by mining-re-
lated activities in the areas described in sub-
paragraphs (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.
HR 1691 IH
(6) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of the State of Idaho.
(7) PERSON.—The term ‘‘person’’ means—
(A) an individual, firm, corporation, asso-
ciation, partnership, consortium, joint venture,
or commercial entity;
(B) the Federal Government; or
(C) a State, municipality, commission, po-
litical subdivision of a State, Indian tribe, or
interstate body.
(8) 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) amounts that are appropriated to the Fund
under section 10;
(2) amounts that are redirected to the Fund
under subsection (b);
(3) 
amounts 
contributed 
under 
section
7(a)(2)(A)(i);
(4) amounts contributed by any other person or
trust; and
HR 1691 IH
(5) any interest earned on investment of
amounts in the Fund under subsection (d).
(b) REDIRECTION OF FUNDS.—All cash and other as-
sets received, and to be received, by the Natural Resources
Trustees, as specified in the Second Modified Amended
Joint and Substantively Consolidated Plan of Reorganiza-
tion filed in United States Bankruptcy Court for the Dis-
trict of Idaho, Case No. 93–02986 and Case No. 93–
02987, and in any subsequent plans or orders issued by
the court in those proceedings, shall be contributed to the
Fund.
(c) EXPENDITURES FROM FUND.—
(1) IN GENERAL.—Subject to paragraph (2), on
request of the Secretary, the Secretary of the Treas-
ury shall transfer from the Fund to the Secretary,
without further Act of appropriation, such amounts
as are required pursuant to paragraph (2) and sec-
tions 5 and 8 to carry out this Act.
(2) ADMINISTRATIVE EXPENSES.—An amount
not exceeding 10 percent of the expenditures made
under this Act for each fiscal year shall be available
during the fiscal year to pay administrative expenses
in carrying out this Act.
(d) INVESTMENT OF FUNDS.—
HR 1691 IH
(1) IN GENERAL.—The Secretary of the Treas-
ury 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), obliga-
tions 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 ac-
quired by the Fund may be sold by the Secretary of
the Treasury at the market price.
(4) CREDITS TO THE 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.
(e) 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 esti-
mates made by the Secretary of the Treasury.
HR 1691 IH
(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.
(f) FINANCIAL STATEMENTS.—In conformance with
generally accepted accounting principles, the Secretary
shall prepare annual financial statements concerning ex-
penditures from the Fund. The financial statements shall
be audited annually by the Comptroller General of the
United States.
SEC. 5. ACTION PLAN.
(a) DEVELOPMENT.—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 $1,000,000, for the Com-
mission to use 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 lo-
cation to location, in the Coeur d’Alene River basin.
(b) PRACTICES.—The action plan shall embody cost-
effective practices designed to achieve—
(1) reductions of discharges of historic mine
drainage, to the extent appropriate and feasible;
HR 1691 IH
(2) isolation, capping, or removal of mine
tailings, concentrates, or other mining waste 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 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 sched-
ules for the programs, activities, and projects, in-
cluding the use of Federal and other sources of
funds;
(3) include a strategy for—
(A) environmental improvement of the
Coeur d’Alene River basin, in light of any final,
approved total maximum daily load for the
South Fork of the Coeur d’Alene drainage de-
HR 1691 IH
veloped under section 303(d) of the Federal
Water Pollution Control Act (33 U.S.C.
1313(d)); and
(B) the promotion of prevention and man-
agement practices to reduce the quantity of nu-
trient loading in the Coeur d’Alene River basin;
(4) characterize and assess relevant data on en-
vironmental problems of the Coeur d’Alene River
basin, including assessment of trends in water qual-
ity, natural resources, and use of Coeur d’Alene
River basin resources;
(5) to the extent practicable, use and incor-
porate—
(A) available Federal and tribal studies
and data; and
(B) plans prepared, and priorities estab-
lished by, the State of Idaho or private parties
(including the Coeur d’Alene River Basin Res-
toration Project Citizens’ Advisory Committee)
for the stabilization, enhancement, and restora-
tion 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.—
HR 1691 IH
(1) SUBMISSION OF ACTION PLAN.—The Gov-
ernor shall submit a completed action plan to the
Secretary by the date that is 2 years after the date
of enactment of this Act.
(2) PAYMENT OF BALANCE OF FUND.—Imme-
diately on submission of the action plan by the Gov-
ernor, 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 ac-
tion plan by the Governor, in conjunction with the
Commission.
(e) POWERS OF THE SECRETARY.—As necessary in
carrying out this Act and without regard to chapter 35
of title 44, United States Code, the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.), the Public Buildings Act of 1959 (40 U.S.C. 601
et seq.), or any other Federal law relating to 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, mainte-
nance, management, and operation of equipment;
HR 1691 IH
(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 im-
plement the action plan.
(f) GIFTS.—As necessary in carrying out this Act, the
Secretary may accept, use, and dispose of gifts or dona-
tions of services and property.
SEC. 6. COEUR D’ALENE RIVER BASIN COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission 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 Governor;
(2) 1 representative of the Idaho Department of
Environmental Quality;
(3) 1 representative of the Idaho Department of
Lands;
(4) 1 representative of the Environmental Pro-
tection Agency, to be appointed by the Adminis-
trator of the Environmental Protection Agency;
HR 1691 IH
(5) 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;
(6) 1 representative of each of the county gov-
ernments of Benewah County, Kootenai County, and
Shoshone County, Idaho;
(7) 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);
(8) 1 representative of the Coeur d’Alene Tribe,
appointed by the Tribe;
(9) 2 representatives of the Coeur d’Alene River
Basin Restoration Project Citizens’ Advisory Com-
mittee;
(10) 1 representative of the mining industry;
and
(11) 1 representative of other affected indus-
tries.
(c) TERMS.—
(1) IN GENERAL.—The term of a member of
the Commission shall be 3 years.
HR 1691 IH
(2) VACANCIES.—Any vacancy in the Commis-
sion shall be filled in the manner in which the initial
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 mem-
bers of the Commission.
(f) ADVISORY COMMITTEES.—In working in conjunc-
tion with the Governor in the development and implemen-
tation 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 para-
graph (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 paragraph (4) or
(5) of subsection (b) may be an officer or employee
of the United States.
(h) PROCEDURES.—
HR 1691 IH
(1) ACTION BY MAJORITY VOTE.—The Commis-
sion shall act by simple majority vote of the Com-
mission.
(2) AVAILABILITY TO THE PUBLIC.—The Com-
mission shall make available to the public a state-
ment of the organization, practices, and procedures
of the Commission.
(3) PUBLIC HEARINGS.—All Commission meet-
ings shall be open to the public.
(i) FUNDING.—Funds made available under sub-
section (a) or (d) of section 5 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) STAY.—
(A) IN GENERAL.—On the motion of a per-
son against whom an administrative or judicial
action described in subparagraph (B) is pend-
ing on the date of enactment of this Act or is
brought after that date, the agency or court
shall stay the proceeding with respect to that
person until the earliest of—
HR 1691 IH
(i) the date on which the person en-
ters into an enforceable agreement under
paragraph (2);
(ii) the date that is 2 years after the
date on which the Governor submits the
action plan to the Secretary under section
5; or
(iii) the date that is 5 years after the
date of enactment of this Act.
(B) ACTION.—An action referred to in
subparagraph (A) is an action to impose liabil-
ity 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, re-
sponse or other cleanup or corrective action, ob-
ligation, penalty, or natural resource damage,
within the Coeur d’Alene River basin attrib-
utable to any release or threatened release of a
hazardous substance resulting from a mining or
mining-related activity in the Coeur d’Alene
River basin undertaken before the date of en-
actment of this Act.
HR 1691 IH
(2) ENFORCEABLE AGREEMENTS.—
(A) IN GENERAL.—An enforceable agree-
ment referred to in paragraph (1) is an agree-
ment entered into between the State of Idaho
and a person that—
(i) requires the person to contribute,
over a period of up to 10 years, the per-
son’s fair share (which may include funds,
land, interests in land, goods, or services)
in an amount or value determined by the
Governor, in conjunction with the Commis-
sion, after consideration of all relevant fac-
tors, including—
(I) the past contributions and ef-
forts and existing commitments of the
person toward environmental improve-
ment in the Coeur d’Alene River
basin;
(II) the importance of maintain-
ing 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;
HR 1691 IH
(III) the estimated cost to imple-
ment the action plan;
(IV) any waiver, release, settle-
ment, or other agreement relating to
the Coeur d’Alene River basin; and
(V) any control strategy required
by a final, approved total maximum
daily load for the South Fork; and
(ii) requires the person to provide fi-
nancial assurances and pay stipulated pen-
alties adequate to guarantee performance
under the agreement.
(B) ENFORCEMENT.—
(i) IN
GENERAL.—An enforceable
agreement under subparagraph (A) shall
be enforceable by any party to the agree-
ment in a civil action brought in the
United States District Court for the Dis-
trict of Idaho.
(ii) ATTORNEY’S FEES.—A prevailing
party in a civil action under clause (i) shall
be entitled to attorney’s fees and costs.
(C) LIABILITY OF PERSONS THAT ENTER
INTO ENFORCEABLE AGREEMENTS.—A person
that enters into an enforceable agreement de-
HR 1691 IH
scribed in subparagraph (A) shall not be sub-
ject to any action or liability for any response
cost, response or other cleanup or corrective ac-
tion, obligation, penalty, or natural resource
damage under the Comprehensive Environ-
mental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.), the Fed-
eral Water Pollution Control Act (33 U.S.C.
1251 et seq.), or the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.) attributable to a re-
lease or threatened release of a hazardous sub-
stance resulting from mining or mining-related
activity in the Coeur d’Alene River basin under-
taken before the date of enactment of this Act,
except as set forth in subparagraphs (A) and
(B) of subsection (a)(3).
(D) DISMISSAL OF ACTION.—On the mo-
tion of a person with respect to which a stay
has been granted under paragraph (1), the
court shall dismiss the action with respect to
that person if the person enters into an enforce-
able agreement under this paragraph.
(3) NO EFFECT ON LIABILITY UNDER PERMITS
OR
CERTAIN
CONSENT
DECREES
AND
AGREE-
MENTS.—This Act shall not have any effect on—
HR 1691 IH
(A) the liability or obligations of any per-
son for mining or mining-related activity in the
Coeur d’Alene River basin undertaken before
the date of enactment of this Act covered by a
permit under any of the Acts referred to in
paragraph (1); or
(B) the terms of, or the obligations of any
party, under—
(i) the consent decrees entered in
United States v. Asarco Inc., Civil No. 94–
0206–N–HLR (D. Idaho) and United
States v. Union Pacific Railroad Co., No.
CV 95–152–N–HLR (D. Idaho);
(ii) the settlement agreement dated
May 31, 1986, entered in State of Idaho v.
Bunker Hill Co., et al., No. CV 83–3161
(D. Idaho);
(iii) any settlement agreements en-
tered in Coeur d’Alene Tribe v. ASARCO
Inc., et al., No. CV 91–0342–N–EJL (D.
Idaho);
(iv) the credit and tolling agreement
dated March 22, 1996, between Hecla
Mining Company and the State of Idaho.
HR 1691 IH
(b) LIABILITY OF THE GOVERNOR, COMMISSION, AND
STATE.—The Governor, the State of Idaho, and the Com-
mission shall not be liable for—
(1) any activity conducted by any of them in ac-
cordance with the action plan or for any response
cost, response or other cleanup or corrective action,
or operation and maintenance of any water treat-
ment system as a part of the activity; or
(2) any obligation or any penalty or natural re-
source damages under the Comprehensive Environ-
mental 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 release or threat-
ened release of a hazardous substance resulting from
a mining activity in the Coeur d’Alene River basin
undertaken before the date of enactment of this Act.
(c) INNOCENT LANDOWNERS.—A person that has a
current or former interest in real property shall not be
liable for—
(1) any response cost or response or other
cleanup or corrective action; or
(2) any obligation or any penalty or natural re-
source damages under the Comprehensive Environ-
HR 1691 IH
mental 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.);
that is attributable to any release or threatened release
of a hazardous substance resulting from a mining activity
in the Coeur d’Alene River basin undertaken before the
date of enactment of this Act if the person establishes that
any liability that the person would have, absent this sub-
section, would arise solely on the basis of the transport
of the hazardous substance to the real property by air,
surface, or groundwater pathways from outside the bound-
ary of the real property.
SEC. 8. COOPERATIVE AGREEMENTS.
(a) AUTHORITY.—The Secretary may enter into co-
operative agreements with the Governor and the Commis-
sion to carry out activities necessary to implement the ac-
tion plan.
(b) FUNDING OF COOPERATIVE AGREEMENTS.—The
Secretary shall obtain from the Fund such sums as are
necessary to carry out activities under cooperative agree-
ments entered into under subsection (a).
HR 1691 IH
SEC. 9. EFFECT ON TRIBAL AUTHORITY.
Nothing in this Act impairs, impedes, waives, preju-
dices, or in any way limits any civil or regulatory jurisdic-
tion 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
under 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, the Secretary
of the Interior, the Secretary of Agriculture, and the Ad-
ministrator of the Environmental Protection Agency may
use research, development, demonstration, and other ap-
propriated funds, in a manner consistent with the pur-
poses for which the funds are appropriated, to carry out
activities that are part of, or consistent with, the action
plan.
Æ