Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

[Federal Register Volume 64, Number 141 (Friday, July 23, 1999)]
[Notices]
[Page 40044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18811]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Lodging of Consent Decree Under the Comprehensive Environmental 
Response, Compensation, and Liability Act

    Notice is hereby given that on July 9, 1999 a proposed Consent 
Decree in United States and Cheyenne River Sioux Tribe v. Homestake 
Mining Company of California, Civil Action No. 97-5100, and State of 
South Dakota v. Homestake Mining Company of California, Civil Action 
No. 97-5078 (consolidated) was lodged with the United States District 
Court for the District of South Dakota in Rapid City.
    The Consent Decree settled federal, state, and tribal natural 
resource damage and trustee response costs claims associated with 
contamination resulting from deposits of millions of tons of tailings 
from Homestake's mining operations. Since the late 1870's Homestake has 
operated a gold mine in Lead, South Dakota. In their respective claims, 
the United States, the Cheyenne River Sioux Tribe, and the State of 
South Dakota alleged that tailings deposited into Whitewood Creek 
caused injuries to natural resources in the Cheyenne River Basin, and 
sued Homestake under CERCLA Section 107, 42 U.S.C. 9607, the Clean 
Water Act Section 311(f), 33 U.S.C. 1321(f), and state nuisance law. 
Homestake asserted a variety of counterclaims against all plaintiffs, 
including the United States. This global settlement reached among 
Homestake, the United States, the Cheyenne River Sioux Tribe and the 
State of South Dakota, provides $4 million to be shared equally among 
the United States, the State, and the Tribe, to be used for natural 
resource restoration. Additionally, the Tribe will receive 400 acres in 
the Black Hills to be used for non-commercial purposes, and $500,000 
for environmental monitoring on the reservation, and the State will 
receive water rights in the Black Hills. The United States will receive 
$500,000 for damage assessment costs and will enter into an agreement 
with Homestake to exchange BLM mine-contaminated land for clean land. 
All EPA response cost claims have been specifically reserved. In 
exchange for the covenants and releases provided to Homestake, 
Homestake will dismiss all of its counterclaims.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the consent 
decree. Comments should be addressed to the Assistant Attorney General 
of the Environment and Natural Resources Division, Department of 
Justice, Washington, DC 20530, and should refer to United States and 
Cheyenne River Sioux Tribe v. Homestake Mining Company of California, 
D.J. Ref. 90-11-3-1718.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 230 Phillips Avenue, Suite 600, Sioux Falls, South 
Dakota 57104-6321, the United States Attorney's Office, District of 
South Dakota, 515 9th Street, Rapid City, South Dakota 55701, the 
Office of the Attorney General, State of South Dakota, 500 East 
Capitol, Pierre, South Dakota, the Office of the Secretary of the 
Chairman of the Cheyenne Sioux River Tribe, Eagle Butte, South Dakota, 
and at the Consent Decree Library, 1120 G Street, NW, 3rd Floor, 
Washington, DC 20005, (202) 624-0892. A copy of the Consent Decree may 
be obtained in person or by mail from the Consent Decree Library, 1120 
G Street, NW, 3rd Floor, Washington, DC 20005, (202) 624-0852. In 
requesting a copy, please enclose a check for the copy production of 
the decree (25 cents per page) payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-18811 Filed 7-22-99; 8:45 am]
BILLING CODE 4410-15-M