Volume 155, No. 125 covering the 1st Session of the 111th Congress (2009 - 2010) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“LEADVILLE MINE DRAINAGE TUNNEL REMEDIATION ACT OF 2009” mentioning the Environmental Protection Agency was published in the House of Representatives section on pages H9294-H9295 on Sept. 8, 2009.
The publication is reproduced in full below:
LEADVILLE MINE DRAINAGE TUNNEL REMEDIATION ACT OF 2009
Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3123) to direct the Secretary of the Interior, acting through the Bureau of Reclamation, to remedy problems caused by a collapsed drainage tunnel in Leadville, Colorado, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3123
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. LEADVILLE MINE DRAINAGE TUNNEL REMEDIATION.
(a) Short Title.--This section may be cited as the
``Leadville Mine Drainage Tunnel Remediation Act of 2009''.
(b) Tunnel Remediation.--The Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575) is amended as follows:
(1) By striking section 705.
(2) In section 708(a)--
(A) by striking ``(a)'' and inserting ``(a)(1)'';
(B) by striking ``The Secretary shall have'' and inserting
``Except as provided by paragraph (2), the Secretary shall have''; and
(C) by adding at the end the following:
``(2) The Secretary shall participate in the implementation of the operable unit 6 remedy for the California Gulch Superfund Site, including, but not limited to, the following actions:
``(A) Treating water behind any blockage or bulkhead in the Leadville Mine Drainage Tunnel, including surface water diverted into the Tunnel workings as part of the remedy.
``(B) Managing and maintaining the mine pool behind such blockage or bulkhead at a level that precludes surface runoff and releases and minimizes the potential for tunnel failure due to excessive water pressure in the tunnel.''.
(3) In section 708(f), by striking ``and 708'' and inserting ``, 708, and 709''.
(4) By adding at the end of title VII the following:
``SEC. 709. TUNNEL MAINTENANCE.
``The Secretary shall take such steps to repair or maintain the structural integrity of the Leadville Mine Drainage Tunnel (LMDT) as may be necessary in order to prevent tunnel failure and to preclude uncontrolled release of water from any portion of the tunnel.''.
(5) In the table of sections contained in section 2--
(A) by striking the item relating to section 705; and
(B) by inserting after the item relating to section 708 the following new item:
``Sec. 709. Tunnel maintenance.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Arizona (Mr. Grijalva) and the gentleman from Colorado (Mr. Lamborn) each will control 20 minutes.
The Chair recognizes the gentleman from Arizona.
General Leave
Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Arizona?
There was no objection.
Mr. GRIJALVA. Mr. Speaker, H.R. 3123, introduced by our colleague Representative Lamborn, will direct the Bureau of Reclamation to remedy problems caused by collapses in the Leadville Mine Drainage Tunnel. Due to structural deterioration, contaminated water has backed up in the tunnel, posing a public health and environmental threat.
I ask my colleagues to support the bill's passage.
Mr. GRIJALVA. Mr. Speaker, I submit for the Record the following exchange of letters between the Committee on Natural Resources and the Committee on Transportation and Infrastructure concerning H.R. 3123.
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, September 8, 2009.Hon. Nick Rahall,Chairman, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Chairman Rahall: I write to you regarding H.R. 3123, a bill to direct the Secretary of the Interior to remedy problems caused by a collapsed drainage tunnel in Leadville, Colorado.
H.R. 3123 contains provisions that fall within the jurisdiction of the Committee on Transportation and Infrastructure. I recognize and appreciate your desire to bring this legislation before the House in an expeditious manner and, accordingly, I will not seek a sequential referral of the bill. However, I agree to waive consideration of this bill with the mutual understanding that my decision to forego a sequential referral of the bill does not waive, reduce, or otherwise affect the jurisdiction of the Committee on Transportation and Infrastructure over H.R. 3123.
Further, the Committee on Transportation and Infrastructure reserves the right to seek the appointment of conferees during any House-Senate conference convened on this legislation on provisions of the bill that are within the Committee's jurisdiction. I ask for your commitment to support any request by the Committee on Transportation and Infrastructure for the appointment of conferees on H.R. 3123 or similar legislation.
Please place a copy of this letter and your response acknowledging the Committee on Transportation and Infrastructure's jurisdictional interest in the Congressional Record during consideration of the measure on the House Floor.
I look forward to working with you as we prepare to pass this important legislation.
Sincerely,
James L. Oberstar, M.C.
Chairman.
____
House of Representatives, Committee on Natural Resources,
Washington, DC, September 8, 2009.Hon. James Oberstar,Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Mr. Chairman: Thank you for your willingness to expedite floor consideration of H.R. 3123, a bill to direct the Secretary of the Interior to remedy problems caused by a collapsed drainage tunnel in Leadville, Colorado.
I appreciate your willingness to waive rights to further consideration of H.R. 3123, notwithstanding the jurisdictional interest of the Committee on Transportation and Infrastructure. Of course, this waiver does not prejudice any further jurisdictional claims by your Committee over this legislation or similar language. Furthermore, I agree to support your request for appointment of conferees from the Committee on Transportation and Infrastructure if a conference is held on this matter.
This exchange of letters will be inserted in the Congressional Record as part of the consideration of the bill on the House floor. Thank you for the cooperative spirit in which you have worked regarding this matter and others between our respective committees.
With warm regards, I am
Sincerely,
Nick J. Rahall, II,
Chairman, Committee on Natural Resources.
Mr. Speaker, I reserve the balance of my time.
Mr. LAMBORN. Mr. Speaker, the Leadville Mine Drainage Tunnel was originally constructed by the Federal Bureau of Mines in the forties and fifties to facilitate the extraction of lead and zinc ore for the World War II and Korean War efforts. The Bureau of Reclamation acquired the tunnel in 1959, hoping to use it as a source of water for the Frying Pan, Arkansas, project. Although the tunnel was never used for that project, water that flows out of the tunnel is considered part of the natural flow of the Arkansas River.
With the passage and subsequent signing into law of H.R. 429 during the 102nd Congress in 1992, the Bureau of Reclamation constructed and continues to operate a water treatment plant at the mouth of the tunnel. Groundwater levels at the tunnel have fluctuated in recent years. In addition, a collapse inside the tunnel has increased the tunnel's mine pool significantly, leading to new seeps and springs in the area. Estimates suggest that at one time, up to 1 billion gallons of water may have built up within the mine pool.
In November 2007, the EPA sent a letter to the Bureau of Reclamation expressing concerns over a catastrophic blowout, and in February 2008 the Lake County Commissioners declared a state of emergency.
Emergency measures are currently being undertaken by the Environmental Protection Agency and the Bureau of Reclamation to relieve water pressure in the vicinity. Their success has been notable to date. However, many of the problems reported at this site are not new. Legislation addressing this matter and authorizing the Secretary of the Interior to rehabilitate its tunnel dates back to at least 1976.
In response to the request for action from the local community, I have again worked together in a bipartisan manner with Senator Mark Udall from Colorado and reintroduced H.R. 3123. This bill would direct the Bureau of Reclamation to relieve water pressure behind certain blockages in the tunnel, permanently manage the mine pool behind any blockage to prevent releases of contaminated water, and manage the tunnel in such a way to prevent failure of the structure.
I look forward to seeing this situation remedied so that concerns about human safety and environmental integrity may be appropriately and responsibly addressed. I remind Members that only minor technical changes have been made since the bill was originally passed by the House of Representatives in the previous Congress.
I urge my colleagues to support this legislation.
I yield back the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Arizona (Mr. Grijalva) that the House suspend the rules and pass the bill, H.R. 3123, as amended
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it.
Mr. GRIJALVA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the Chair's prior announcement, further proceedings on this motion will be postponed.
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