I
103D CONGRESS
2D SESSION
H. R. 4961
To establish the Coeur d’Alene Basin Restoration Corporation and authorize
the Corporation to undertake all actions necessary for the cleanup of
mining wastes and the restoration of natural resources in the watershed
encompassing the Coeur d’Alene River, Coeur d’Alene Lake, and its
tributaries, and the Spokane River in northern Idaho and western Wash-
ington.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 12, 1994
Mr. LAROCCO introduced the following bill; which was referred jointly to the
Committees on Natural Resources, Energy and Commerce, and Public
Works and Transportation
A BILL
To establish the Coeur d’Alene Basin Restoration Corpora-
tion and authorize the Corporation to undertake all ac-
tions necessary for the cleanup of mining wastes and
the restoration of natural resources in the watershed
encompassing the Coeur d’Alene River, Coeur d’Alene
Lake, and its tributaries, and the Spokane River in
northern Idaho and western Washington.
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 Basin
and Spokane River Restoration Act of 1994’’.
SEC. 2. PURPOSES.
It is the purpose of this Act—
(1) to provide for the conservation, remediation,
and restoration of the Coeur d’Alene Basin and Spo-
kane River watersheds to the extent necessary to re-
pair and mitigate damages caused by mining wastes
generated in the Coeur d’Alene Basin, and to en-
hance the resources of the Coeur d’Alene Basin and
Spokane River;
(2) to create the Coeur d’Alene Basin Restora-
tion Corporation and to authorize it to carry out the
purposes of the Act; and
(3) to authorize the funds necessary to imple-
ment the provisions of this Act.
SEC. 3. COEUR D’ALENE BASIN RESTORATION CORPORA-
TION.
(a) ESTABLISHMENT OF CORPORATION.—There is
authorized to be established a nonprofit corporation, to be
known as the ‘‘Coeur d’Alene Basin Restoration Corpora-
tion’’, which (1) shall have its offices in the Coeur d’Alene
Basin, (2) shall carry out its functions and responsibilities
in accordance with the provisions of this Act, (3) shall con-
tinue in force and effect in accordance with the provisions
of this Act, and (4) will not be considered an agency or
establishment of the United States Government for the
purpose of any Federal law.
(b) BOARD OF DIRECTORS.—(1) The Corporation
shall have a Board of Directors (hereinafter in this Act
referred to as the ‘‘Board’’) consisting of 5 members: one
to be appointed by the State of Idaho; one to be appointed
by the Coeur d’Alene Tribe; one to be appointed by the
trustees established pursuant to the settlement agreement
of May 31, 1986, entered in State of Idaho v. Bunker Hill
Co. et al., Case No. 83–3161 (D. Idaho); one to be ap-
pointed jointly by the Secretary of Agriculture and the
Secretary of the Interior, as trustees of Federal natural
resources within the Coeur D’Alene Basin; and one to be
appointed by the Administrator of the United States Envi-
ronmental Protection Agency. The appointments shall be
made in accordance with the particular laws governing the
actions of the State, the Tribe, and the United States.
(2) Each member of the Board shall serve for a term
of 3 years. The members of the Board shall elect from
among themselves a chairman. The appointment as chair-
man shall be for the term of one year, and shall be rotated
equally among the members of the Board. The compensa-
tion of the members shall be fixed by the Board. The
members of the Board shall not be deemed to be officers
or employees of the United States for any purpose: Pro-
vided, That Board members appointed by the Adminis-
trator, the Secretary of Agriculture, or the Secretary of
the Interior may be officers or employees of the United
States. The Board may indemnify its officers, attorneys,
agents, and employees for liabilities and expenses incurred
in connection with the individuals’ corporate activities.
(3) All actions and decisions of the Board shall be
made by consensus of the 5 members of the Board. The
Board shall meet at the call of the Chairman or upon re-
quest of any 3 members of the Board.
(4) The Board shall adopt and, as appropriate,
amend or repeal, appropriate procedures governing the
manner in which its corporate business may be conducted,
including but not limited to the appointment of corporate
officers, fixing compensation, assigning and delegating du-
ties to corporate personnel. The Board shall make avail-
able to the public a statement of its organization, prac-
tices, and procedures.
(5) As necessary to effectuate the purposes of this
Act, the Board, without regard to Federal laws governing
reduction of paperwork, acquisition of property and ad-
ministrative services, gifts, or public buildings, may (A)
acquire real property, including but not limited to patents
and proprietary data, as necessary in the transaction of
its business; (B) sell, lease, or otherwise dispose of real
and personal property; (C) enter into contracts, agree-
ments, and other arrangements, including financial assist-
ance for professional services, supplies, construction,
maintenance, management, and operation of equipment;
(D) accept gifts and donations of services and property
including, but not limited to, the use, possession, and con-
trol of real or personal property of the United States that
the President considers necessary for achieving the pur-
poses of this Act and transfers to the Board; and (E) con-
duct surveys, collect information, and otherwise monitor
activities.
(6) The Board may sue, and may be sued as expressly
provided in this Act, and shall be represented by its own
attorneys in all judicial and administrative proceedings
and, in any such proceedings, the Board shall have exclu-
sive authority to direct its corporate attorneys in the dis-
charge of their duties. In any court suit or action to which
the Corporation is a party, monetary damages shall be the
sole and exclusive remedy available against the Corpora-
tion and, in the event of any judgment against or settle-
ment involving the Corporation, such judgment may only
be paid from the Corporation’s appropriated funds. The
Board may use binding arbitration or other dispute resolu-
tion processes and may settle or adjust any corporate
claims or contractual obligations without review or ap-
proval of the Attorney General of the United States. Not-
withstanding any other law, the courts of the United
States shall have original and exclusive jurisdiction over
all civil actions by or against the Corporation, provided
the Corporation may intervene in any court in any suit,
action, or proceeding in which it has an interest. The
Board may exempt information from mandatory release
under the Federal law if it determines that the informa-
tion if publicly released would harm the Corporation’s in-
terests.
(c) FINANCIAL STATEMENTS.—The Corporation shall
prepare annual financial statements in accordance with
generally accepted accounting principles and shall be au-
dited annually by an independent certified public account-
ant chosen by the Board. The Comptroller General, audi-
tor for the State of Idaho, and/or auditor for the Coeur
d’Alene Tribe may review any audit and may report to
the Board, as well as the Congress, on the results of such
reviews, including appropriate recommendations, if any, if
a report, provided that neither the Comptroller General,
the auditor for the State of Idaho and auditor for the
Coeur d’Alene Tribe shall not have authority to withhold
from the Corporation or impound any funds provided
under this Act.
(d) GENERAL PROVISIONS.—(1) The Board shall
have no power to issue any shares of stock, or to declare
or pay any dividends.
(2) No part of the income of assets of the Corporation
shall inure to the benefit of the members of the Board,
any employee of the Corporation, or any other individual
except as salary or reasonable compensation for services.
(3) The Corporation may not contribute to or other-
wise support any political party or candidate for elective
public office.
(4) The Board shall make annual reports to Congress
on the status of the Restoration Plan and its implementa-
tion.
SEC. 4. COEUR D’ALENE BASIN ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—In conjunction with the
Board, there shall be established an advisory group known
as the ‘‘Coeur d’Alene Basin Advisory Committee’’, which
shall have the function and responsibility of advising the
Board in its actions. The Advisory Committee shall not
be considered an agency or instrumentality of the United
States for the purpose of any Federal law. The member-
ship of the Advisory Committee, as determined appro-
priate by the Board, may consist of the following mem-
bers: (1) a representative of the Washington Department
of Ecology; (2) a representative of each interested Federal
agency; (3) a representative of each interested State agen-
cy; (4) a representative of each interested tribal agency;
(5) a representative of each affected local government; (6)
representatives of affected industries within the Coeur
d’Alene Basin or Spokane River drainage; and (7) rep-
resentatives of the general public.
(b) MEMBERSHIP.—The members of the Advisory
Committee shall be appointed by, and serve at the pleasure
of, the Board. The members of the Advisory Committee
shall appoint a chairman from among their members. The
appointment as chairman shall be for the term of one year,
and shall be rotated equally among the members of the
Committee. The members of the Advisory Committee shall
serve without compensation. The members of the Advisory
Committee shall not be deemed to be officers or employees
of the United States for any purpose: Provided, That
members appointed by any Federal agency may be officers
or employees of the United States.
(c) GENERAL PROVISIONS.—The Advisory Commit-
tee shall meet at the call of the chairman of the Advisory
Committee, the call of the Board, or at the request of a
majority of the members of the Advisory Committee. The
Advisory Committee shall determine its organization and
prescribe its practices and procedures for carrying out its
functions and responsibilities under this Act. The Advisory
Committee shall make available to the public a statement
of its organization, practices, and procedures.
SEC. 5. ADVISORY GROUPS.
In addition to the Advisory Committee, the Board
may create such technical advisory groups as it deems nec-
essary or prudent to assist the Board in the fulfillment
of its duties under this Act. Members of technical advisory
groups shall serve without compensation, and shall not be
deemed to be officers or employees of the United States
for any purpose: Provided, That members appointed by
any Federal agency may be officers or employees of the
United States.
SEC. 6. BASIN RESTORATION PLAN.
(a) PREPARATION.—Within 5 years after the Cor-
poration is established, the Board shall prepare and adopt
a Basin Restoration Plan. The plan shall set forth a com-
prehensive strategic plan of action for the protection of
human health and welfare and the restoration and en-
hancement of land, fish, wildlife, biota, air, water, ground
water, drinking water supplies, and other such resources
within the Coeur d’Alene Basin and the Spokane River.
The plan shall (1) identify all existing point and nonpoint
sources of mining waste discharges and other pollution
discharges into the waters of the Coeur d’Alene Basin and
the Spokane River; (2) inventory existing projects and ac-
tivities intended to restore, remediate, or prevent damages
from mining waste pollution and other pollution; and (3)
identify additional projects needed to restore, remediate,
or prevent damages from mining waste pollution and other
pollution within the Coeur d’Alene Basin and the Spokane
River.
(b) EXISTING STUDIES
AND PLANS.—The Board
shall use and incorporate existing studies and plans pre-
pared by State, tribal and Federal agencies for the res-
toration of the Coeur d’Alene Basin and the Spokane
River to the extent that it is practicable to do so.
(c) IMPLEMENTATION
OF
BASIN
RESTORATION
PLAN.—
(1) The Board shall arrange for the coordinated
implementation of the plan by the State, tribal, Fed-
eral, and private parties participating in the Advi-
sory Committee.
(2) The Board may make grants to State, trib-
al, Federal, and private parties for the purposes of
implementing the plan.
(3) The Board may directly implement the plan
using Corporation employees or independent contrac-
tors.
(4) Nothing in this section is intended to pre-
vent the implementation of ongoing projects by other
agencies or parties to restore, remediate, or prevent
damages from mining wastes and other pollutants in
the Coeur d’Alene Basin and the Spokane River.
Nor is this section intended to prevent the Board
from implementing restoration projects on an in-
terim basis prior to completion of the plan.
(5) The Board shall monitor the effectiveness of
actions taken pursuant to the plan, and modify the
plan where necessary or appropriate.
(6) The Board shall have authority to enter
into such joint power agreements with State, tribal,
and Federal governments as are necessary to imple-
ment the Basin Restoration Plan.
(d) APPLICATION OF LIABILITY AND PERMITTING
REQUIREMENTS.—
(1) This Act expressly preempts any conflicting
Federal, State, or local laws, and in preparing and
implementing the plan, the Corporation shall be ex-
empt from any liability for the costs of removing or
remediating releases of hazardous materials, or for
damages to natural resources caused by the release
of hazardous materials, including but not limited to
the liability provisions of section 9607 of title 42 of
the United States Code, and any amending or suc-
cessor legislation.
(2) No Federal, State, tribal, or local permit
shall be required for any project conducted under
the authorities of this Act for the purpose of imple-
menting the restoration plan prepared by the Board.
(3) No project shall proceed under the authori-
ties of this Act, until the Board determines that the
project meets all standards, requirements, criteria,
or limitations under all Federal environmental laws,
including, but not limited to, the Toxic Substances
Control Act, the Safe Drinking Water Act, the Clean
Air Act, the Clean Water Act, the Solid Waste Dis-
posal Act. In addition, the Board must determine
that the project meets or exceeds all standards, re-
quirements, criteria, or limitations under all applica-
ble State and tribal environmental or facility siting
laws if such laws are more stringent than the Fed-
eral standards, requirements, criteria, or limitations.
(e) PUBLIC INFORMATION
AND CONSULTATION.—
The Board shall maintain comprehensive programs to in-
form the general public of its actions, and to solicit public
comment in the preparation, adoption, and implementa-
tion of the restoration plan.
(f) COOPERATION WITH OTHER AGENCIES.—The
Board shall coordinate its actions in the preparation and
implementation of the plan with other agencies empowered
by State, tribal, or Federal governments to restore, reme-
diate, or prevent damages from mining wastes or other
pollutants within the Coeur d’Alene Basin and Spokane
River.
SEC. 7. FUNDING OF COEUR D’ALENE BASIN RESTORATION
CORPORATION AND AUTHORIZATION OF AP-
PROPRIATIONS.
(a) IN GENERAL.—The activities of the Corporation
shall be jointly funded through a combination of congres-
sional appropriations and private contributions from com-
panies that have been involved with mining activities in
the Coeur d’Alene Basin.
(b) TRUST FUND.—There is created on the books of
the Treasury of the United States a trust fund to be
known as the ‘‘Coeur d’Alene Basin Restoration Fund’’,
which shall be administered by the Board. The Fund shall
consist of (1) amounts appropriated by Congress pursuant
to this Act, (2) amounts contributed by the mining compa-
nies of the Coeur d’Alene Basin pursuant to this Act, and
(3) any interest accruing from monies deposited into the
Coeur d’Alene Basin Restoration Fund. Moneys in the
trust fund may be used to fulfill the purposes of this Act,
and shall be available only when appropriated therefor.
Funds authorized under this Act shall remain available
until expended.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Coeur d’Alene Basin
Restoration Fund such sums as may be necessary.
SEC. 8. SATISFACTION OR OFFSET AGAINST MINING COM-
PANIES LIABILITY.
(a) SATISFACTION OF LIABILITIES.—It is Congress’
intent that the mining companies of the Coeur d’Alene
Basin that contributed to the release of hazardous mate-
rials in the Coeur d’Alene Basin and Spokane River should
contribute a fair portion of the cost of restoring natural
resources in the Coeur d’Alene Basin and Spokane River.
It is also Congress’ intent that the mining companies of
the Coeur d’Alene Basin should, upon payment of a fair
contribution, be assured that no further liability for re-
sponse costs or natural resource damages may be imposed
upon them. Therefore, provided that the mining compa-
nies of the Coeur d’Alene Basin contribute an amount cal-
culated to be the equivalent of 25 percent of the total
amount authorized by Congress pursuant to section 7(c),
the companies shall be deemed to have satisfied all liabil-
ities for response costs or natural resource damages within
the Coeur d’Alene Basin and Spokane River that may oth-
erwise be imposed on them under the terms of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980, the Superfund Amendments and
Reauthorization Act of 1986, and any amending or succes-
sor legislation.
(b) OFFSET.—If the mining companies of the Coeur
d’Alene Basin contribute an amount calculated to be less
than 25 percent of the total amount appropriated by Con-
gress pursuant to section 7(c), the companies shall be
granted an offset for such amount against liabilities for
response costs or natural resource damages within the
Coeur d’Alene Basin and Spokane River that may other-
wise be imposed on them under the terms of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980, the Superfund Amendments and
Reauthorization Act of 1986, and any amending or succes-
sor legislation.
(c) ACTIONS UNDER CERCLA.—Unless the compa-
nies satisfy their liabilities pursuant to subsection (a), the
Corporation, the State, the tribe, and the United States
may pursue all actions otherwise available to these entities
under the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 and any amending
or successor legislation regardless of whether some or all
of the Basin Restoration Plan is implemented in whole or
part and such actions shall not constitute a double recov-
ery. The companies shall be entitled to an offset to the
extent provided by subsection (b).
(d) STATUTES OF LIMITATION.—All applicable stat-
utes of limitation for cost recovery and natural resource
damage actions against the mining companies of the
Coeur d’Alene Basin are tolled until January 1, 2018.
SEC. 9. DISSOLUTION OF CORPORATION.
Upon completion of the implementation of the res-
toration plan, the Board shall prepare a report to Con-
gress describing the actions taken during its existence,
and recommending further actions that may be needed to
protect human health and welfare and water quality, natu-
ral resources, and fish and wildlife habitat within the
Coeur d’Alene Basin and the Spokane River. Upon sub-
mission of the report, the existence of the Corporation
shall terminate unless Congress takes further action to re-
authorize the Corporation. In no case shall the Corpora-
tion continue to exist more than 20 years after the enact-
ment of this Act into law.
SEC. 10. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘mining companies of the Coeur
d’Alene Basin’’ means Gulf Resources and Chemical
Corporation; Bunker Limited Partnership; Minerals
Corporation Idaho; Bunker Hill Mining Company
(U.S.) Inc.; BH Properties, Inc.; Hecla Mining Com-
pany; Stauffer Chemical Company; Asarco, Inc.;
Callahan Mining Corporation; Coeur d’Alene Mines
Corporation; Highland Surprise Consolidated-Mining
Company; Silver Bowl, Inc.; Sunshine Precious Met-
als, Inc.; Union Pacific Railroad; Abot Mining Com-
pany; American Silver Mining Company; Anaconda
Mining Company; Atlas Mining Company; Boulder
Creek Mining Company; Canyon Silver Mine, Inc.;
Consolidated Silver Corp.; Day Mines, Inc.; Dix
Steel Company; Douglas Mining Company; CDA
Crescent Mining Company; Lovon Fausett; Broyles
Bros. Drilling; Gold Leaf Mining Corp.; Helena Sil-
ver Mines; Highland Surprise; Hypothek Mining Co.;
Mascot Silver-Lead; Nabob Silver Lead Mines; Ne-
vada Stewart Mining Co.; New Hilarity Mining Co.;
Sidney Mining Co.; Sunshine Mining Co.; and their
successors and assigns.
(2) The term ‘‘Coeur d’Alene Basin’’ means the
watershed in northern Idaho containing the South
Fork of the Coeur d’Alene River, the mainstem of
the Coeur d’Alene River, and Lake Coeur d’Alene.
(3) The term ‘‘Spokane River’’ means the Spo-
kane River from its origin at Lake Coeur d’Alene in
northern Idaho to its confluence with the Columbia
River in eastern Washington.
SEC. 11. STATUTORY INTERPRETATION.
Nothing in this section shall be interpreted to dimin-
ish or enlarge the jurisdiction or powers of any department
or agency of the United States, any State, or any Indian
Tribe. Nothing in this Act shall be interpreted as authoriz-
ing the Corporation to assume authority over existing or
future remedial actions within the approximately 21-
square-mile facility known as the Bunker Hill National
Priority List Superfund Site, nor shall it be interpreted
as affecting any liability of the mining companies of the
Coeur d’Alene Basin for such remedial actions. Nothing
in this Act shall be interpreted as releasing the mining
companies of the Coeur d’Alene Basin from liability for
any releases of hazardous materials that may occur as the
result of future acts or events, nor shall any money appro-
priated under the authorities of this Act be used to clean
up, remove, or remediate such releases. The release of the
mining companies of the Coeur d’Alene Basin from liabil-
ity extends only to releases of hazardous materials prior
to the date of this Act or continuing and future releases
that may occur as the result of activities occurring prior
to the date of this Act.
Æ
HR 4961 IH——2