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

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]

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