[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Notices]
[Pages 35608-35609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17402]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
In accordance with Department of Justice Policy, 28 CFR 50.7, 38 FR
19029, and 42 U.S.C. 9622(d), notice is hereby given that on June 25,
1998, a proposed Consent Decree was lodged with the United States
District Court for the District of Montana in United States et al. v.
Crown Butte Mines, Inc. et al., Civil Action No. CV-98-91-BLG-JDS. the
proposed Consent Decree: (1) settles claims asserted by the United
States and the State of Montana arising out of the release or threat of
release of hazardous substances attributable to mining related
activities on certain lands located within the New World Mining
District in western Montana (the ``Site''); (2) settles claims asserted
in a related action also pending in the same court styled Beartooth
Alliance et al. v. Crown Butte Mines, Inc et al., Cause No. CV 93-154-
BLG-JDS; and (3) satisfies and effectuates an agreement in principle
entered August 12, 1996, between the United States, the Settling
Defendants, and certain public interest groups relating to the
termination of efforts to open a proposed gold mine in the New World
Mining District (the ``August 12 Agreement'').
The defendants in the action brought by the United States and the
State are Crown Butte Mines, Inc. and Crown Butte Resources Ltd
(collectively referred to as ``Crown Butte''). The Complaint filed by
the United States and the State asserts claims on behalf of both
governments under the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9601 et seq. (``CERCLA'')
and asserts claims on behalf of the State pursuant to the Montana
Comprehensive Environmental Cleanup and Responsibility Act, Title 75,
Chapter 10, part 7, M.C.A. (``CECRA''), to recover costs incurred in
connection with response actions taken or to be taken at the Site, for
recovery for injuries to natural resources, and to obtain injunctive
relief requiring the defendants to take further response and/or
restoration actions at the Site.
Simultaneously with the filing of the Complaint, the United States
and the State moved the Court to consolidate their action with the
Beartooth Alliance et al. action. In that action, Beartooth Alliance,
Greater Yellowstone Coalition, Northern Plains Resource Council,
Northwest Wyoming Resource Council, Sierra Club, Gallatin Wildlife
Association, Wyoming Wildlife Federation, Montana Wildlife Federation,
and Wyoming Outdoor Council, all not for profit corporations
(collectively referred to herein as ``GYC''), brought claims against
Crown Butte, Noranda Minerals Corp., Noranda Exploration, Inc., and
Noranda Inc. alleging that the defendants were discharging pollutants
into navigable waters of the United States from point sources in the
New World Mining District in violation of Section 301(a) of
[[Page 35609]]
the Clean Water Act, 33 U.S.C. 1251-1387 (``CWA'').
The parties to the consolidated actions are also parties to, or are
interested in, the August 12 Agreement. The August 12, 1996 Agreement
involved, among other things, the purchase by the United States of
certain interests in properties in the New World Mining District on
which Crown Butte proposed to develop a gold mine (the ``District
Property''), the escrow of a portion of the purchase monies for use in
conducting response and/or restoration actions to address the effects
of releases or threats of release of hazardous substances in the New
World Mining District and the granting of a number of covenants by the
parties to the Agreement. Through Pub. L. 105-83, 111 Stat. 1614,
enacted November 14, 1998, Congress authorized the implementation of
the Agreement and appropriated up to $65,000,000 for this purpose. With
the lodging of the proposed Consent Decree the requirements of Pub. L.
105-83 have been satisfied. Entry of the proposed Consent Decree and
the implementation of its provisions will satisfy the objectives and
obligations contained in the August 12 Agreement.
Pursuant to the Consent Decree, Crown Butte will transfer, cause to
be transferred, or relinquish to the United States those property
interests that comprise the District Property. In return, the United
States will pay Crown Butte $65,000,000. Immediately upon receipt of
the payment from the United States, Crown Butte will pay into escrow
$22,500,000 to be used by the United States, after consultation with
the State, to implement response and/or restoration actions to address:
(1) Releases or threats of release of hazardous substances,
pollutants, or contaminants at the Site; (2) injuries to natural
resources resulting from such releases; and (3) other matters affecting
water quality or natural resources in certain stream systems on or
adjacent to the Site. In addition, the Consent Decree provides that any
funds remaining after completion of actions noted in the preceding
sentence will be used by the United States for other purposes and/or
restoration actions within the New World Mining District. The proposed
Consent Decree also contains undertakings by Crown Butte and certain
named related companies to forebear in perpetuity any mining related
activities in the New World Mining District.
The proposed Consent Decree provides for covenants not to sue from
the United States, the State, and GYC in favor of Crown Butte and
certain names related companies for claims pursuant to Sections 106 and
107(a) of CERCLA, Section 7003 of the Resource Conservation and
Recovery Act, 42 U.S.C. 6901 3et seq., The Clean Water Act, 33 U.S.C.
1251 et seq., and/or the CECRA, Title 75, chapter 10, Part 7, and the
Montana Water Quality Act, Title 75, Chapter 5 MCA. In addition, the
proposed Consent Decree provides for covenants from Crown Butte, GYC
and the State in favor of the United States relating to conditions in
the New World Mining District and the response and/or restoration
actions to be performed there.
The Department of Justice will receive written comments relating to
the proposed Consent Decree for thirty (30) days from the date of
publication of this notice. Comments should be addressed to the
Assistant Attorney General of the Environment and Natural Resources
Division, U.S. Department of Justice, Washington, DC 20530, and should
refer to United States et al. v. Crown Butte Mines, Inc. et al., D.J.
Ref. No. 90-11-3-1674.
The proposed Consent Decree and exhibits may be examined at the
following locations: Gallatin National Forest, Supervisor's Office, 10
East Babcock, Ave., Federal Bldg. Boseman, Montana; Gardiner Ranger
District, U.S. Highway 89 South, Gardiner, Montana; and, the Office of
the United States Attorney, District of Montana, 301 South Park Ave.,
Helena, Montana, and 2929 Third Avenue, North, Suite 400, Billings,
Montana.
A copy of the Consent Decree and exhibits (if requested) may be
obtained in person or by mail from the Consent Decree Library, 1120 G
Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. In
requesting copies, please enclose a check in the amount of $20.50
(without exhibits) or $31.00 (with exhibits) (25 cents per page
reproduction cost) payable to the ``Consent Decree Library.''
Bruce Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 98-17402 Filed 6-29-98; 8:45 am]
BILLING CODE 4410-15-M
