[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1047 Engrossed in Senate (ES)]
112th CONGRESS
2d Session
S. 1047
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leadville Mine Drainage Tunnel Act
of 2011''.
SEC. 2. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE.
Section 703 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) is amended
to read as follows:
``SEC. 703. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE.
``(a) Leadville Mine Drainage Tunnel.--The Secretary shall take any
action necessary to maintain the structural integrity of the Leadville
Mine Drainage Tunnel--
``(1) to maintain public safety; and
``(2) to prevent an uncontrolled release of water from the
tunnel portal.
``(b) Water Treatment Plant.--
``(1) In general.--Subject to section 705, the Secretary
shall be responsible for the operation and maintenance of the
water treatment plant authorized under section 701, including
any sludge disposal authorized under this title.
``(2) Authority to offer to enter into contracts.--In
carrying out paragraph (1), the Secretary may offer to enter
into 1 or more contracts with any appropriate individual or
entity for the conduct of any service required under paragraph
(1).''.
SEC. 3. REIMBURSEMENT.
Section 705 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) is
amended--
(1) by striking ``The treatment plant'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), the
treatment plant'';
(2) by striking ``Drainage Tunnel'' and inserting
``Drainage Tunnel (which includes any surface water diverted
into the Leadville Mine Drainage Tunnel and water collected by
the dewatering relief well installed in June 2008)''; and
(3) by adding at the end the following:
``(b) Exception.--The Secretary may--
``(1) enter into an agreement with any other entity or
government agency to provide funding for an increase in any
operation, maintenance, replacement, capital improvement, or
expansion cost that is necessary to improve or expand the
treatment plant; and
``(2) upon entering into an agreement under paragraph (1),
make any necessary capital improvement to or expansion of the
treatment plant.''.
SEC. 4. USE OF LEADVILLE MINE DRAINAGE TUNNEL AND TREATMENT PLANT.
Section 708(a) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4657) is
amended--
(1) by striking ``(a) The Secretary'' and inserting the
following:
``(a) In General.--
``(1) Authorization.--The Secretary'';
(2) by striking ``Neither'' and inserting the following:
``(2) Liability.--Neither'';
(3) by striking ``The Secretary shall have'' and inserting
the following:
``(3) Facilities covered under other laws.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall have'';
(4) by inserting after ``Recovery Act.'' the following:
``(B) Exception.--If the Administrator of the
Environmental Protection Agency proposes to amend or
issue a new Record of Decision for operable unit 6 of
the California Gulch National Priorities List Site, the
Administrator shall consult with the Secretary with
respect to each feature of the proposed new or amended
Record of Decision that may require any alteration to,
or otherwise affect the operation and maintenance of--
``(i) the Leadville Mine Drainage Tunnel;
or
``(ii) the water treatment plant authorized
under section 701.
``(4) Authority of secretary.--The Secretary may implement
any improvement to the Leadville Mine Drainage Tunnel or
improvement to or expansion of the water treatment plant
authorized under section 701 as a result of a new or amended
Record of Decision for operable unit 6 of the California Gulch
National Priorities List Site only upon entering into an
agreement with the Administrator of the Environmental
Protection Agency or any other entity or government agency to
provide funding for the improvement or expansion.''; and
(5) by striking ``For the purpose of'' and inserting the
following:
``(5) Definition of upper arkansas river basin.--In''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 708(f) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4657) is amended
by striking ``sections 707 and 708'' and inserting ``this section and
sections 703, 705, and 707''.
SEC. 6. CONFORMING AMENDMENT.
The table of contents of title VII of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat.
4601) is amended by striking the item relating to section 703 and
inserting the following:
``Sec. 703. Tunnel maintenance; operation and maintenance.''.
Passed the Senate December 30, 2012.
Attest:
Secretary.
112th CONGRESS
2d Session
S. 1047
_______________________________________________________________________
AN ACT
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.