WASHINGTON, D.C. – As the first anniversary of the Gold King Mine spill approaches on Aug. 5, legislation to help reclaim abandoned mine lands slowly moves through Congress, while Southwest communities focus on local action.
In the last year, Sens. Michael Bennet, D-Colo., and Cory Gardner, R-Colo., as well as Rep. Scott Tipton, R-Cortez, and Rep. Doug Lamborn, R-Colorado Springs, have introduced several bills in response to the spill, including legislation to help fund the reclamation of abandoned mine sites and bills calling for the EPA to reimburse communities affected by the disaster.
Last week, the House passed the Bureau of Land Management Foundation Act, the first in a trio of bills related to the funding and oversight of cleaning up abandoned mines. Another bill in the package, the Locatable Minerals Claim Location and Maintenance Fees Act, includes good Samaritan language that was added by Tipton.
Recently, Bennet added provisions to the Interior 2017 appropriations bill that would help cleanup efforts. In the House, Tipton also added language to the Fiscal Year 2017 Interior and Environment Bill that would require the EPA to continue operating a temporary water treatment plant while it is in the process of evaluating whether to add the mining district to the National Priorities List under the federal Superfund program.
Meanwhile, local communities remain primarily concerned with on-the-ground cleanup work being coordinated by the EPA, according to La Plata County public affairs officer Megan Graham. On Saturday, EPA contractors returned to the Gold King Mine to reinforce the adit and begin to clean solid material out of retention ponds at the water treatment plant.
Graham said that while legislative action from Washington is helpful, local communities are more focused on dealing with impacts of the disaster. That includes ensuring that water is protected – which is an ongoing effort through partnerships between local and state public health agencies, the EPA and other organizations.
Graham said the county is awaiting reimbursement for costs incurred from the spill, a concern that lawmakers share. Gardner and Bennet, as well as Tipton, expressed clear frustration with the EPA’s pace in reimbursing affected communities, including Durango, which spent $444,032 in the wake of the spill.
Gardner said he was disappointed that the EPA had not repaid any of the individual claims filed under the Federal Tort Claims Act, and wants an explanation from the agency.
“It’s time that we bring the EPA before Congress to explain why they have not fulfilled their promise to the people of Southwest Colorado,” he said.
He said that he hopes such action can be taken within the one-year time frame of the spill.
Bennet said Congress needs to pass the Hardrock Mining and Reclamation Act, which would create a fund for restoring the 500,000 abandoned hard rock mines in the United States. The bill was introduced in February 2015 and sits with the House’s Committee on Natural Resources’ Subcommittee on Energy and Natural Resources.
While the three lawmakers said they were aggravated by the lack of action by the EPA, they were optimistic that their own good Samaritan legislation that was introduced in draft form in January would be a step forward. The bill would reduce the liability of those who work to clean up abandoned mines as long as they follow certain guidelines.
Gardner said that this bill is the most promising of recent attempts in Congress to pass such legislation and has received widespread support.
“I hope at this time next year [we] are having a conversation about how well the good Samaritan language is being implemented, instead of a good conversation about the great people supporting the legislation,” he said.
The Animas River Stakeholders Group, too, is waiting for concrete change to come from all of the furor, said group co-coordinator Peter Butler. He expressed concern that good Samaritan legislation may not have much of an impact on the local community if the Bonita Peak Mining District is added to the Superfund program, which would exclude it from such legislation.
Overall, Butler said that while it is positive to see work started in Congress to help reclaim abandoned mines, real action is what’s needed.
“Activity for the sake of activity isn’t all that great,” Butler said. “It’s when something passes that things happen.”
Kate Magill is a student at American University in Washington, D.C., and an intern for The Durango Herald. Reach her at kmagill@durangoherald.com.