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The Montana Standard

NRD spending is at a crossroads

By Roberta Stauffer - 04/05/2008

Caution: Major decisions ahead on how to spend uncommitted settlement dollars from the state’s natural resource damage lawsuit against the Atlantic Richfield Co.

Maybe “caution” is too strong a word, but, then again, huge sums of money are involved — upwards of $170 million — and there’s no guarantee the bulk will be spent in the areas that suffered the lion’s share of the damage — namely Butte-Silver Bow and Anaconda-Deer Lodge counties.

Truth be told, the final settlement documents do not even stipulate that unencumbered funds be spent in the Upper Clark Fork River Basin, but fortunately state officials made a policy decision early on to limit projects to the basin between Butte and Milltown. That decision should surely be a sacred cow, never to be revisited, but even that’s no guarantee that all the dollars will be spent appropriately.

For example, nothing bars the money from going to restore stretches of distant Clark Fork tributaries damaged by cows grazing, not mining — not appropriate, in our book.

Montanans must never forget that this fund owes its very existence to the severe environmental damage wrought mainly on Butte and Anaconda by more than a century of mining.

Had these com- munities’ groundwater aquifers not been poisoned beyond repair, Atlantic Richfield may not have even entertained a settlement, for the company was adamant that it would not pay twice — first through the Superfund cleanup mandates and then again through the NRD lawsuit. But Arco officials could not escape the fact that no amount of cleanup could bring back those aquifers, so to the negotiating table they went.

We admit we weren’t in the room, but it’s clear this aquifer damage is the most severe of all. Tailings can be removed or treated in place; new vegetation can be planted in floodplains, on hillsides and along streams, but Butte will always have to look elsewhere for its water supply and both Silver Bow and Deer Lodge counties will always have contaminated plumes to contend with.

For those reasons, we believe ground-water-related projects deserve a higher priority than is currently proposed in the spending plan for unencumbered funds.

Another issue that stands out is the plan to put money left over from the Silver Bow Creek cleanup back into the general pot. Of the $80 million earmarked for remediation of the creek, an estimated $55 million may remain when the project is completed. Since that money has already been set aside for Silver Bow Creek, doesn’t it seem logical to use any surplus on further projects in the same watershed, which is the very epicenter of the damage?

Lead state attorney Rob Collins said this raises “a serious legal question” because the intent of the consent decree was to return any surplus to the main fund. Nevertheless, we believe it’s a question well worth raising.

All in all, however, we support the state’s idea of devising a roadmap for future spending of money not already allocated to specific projects. The current grant process has served the region well during these past eight years of waiting for final Superfund and NRD settlement decisions to come down, but now that all the numbers are in, this offers a chance to step back and allocate dollars based on reasoned priorities.

Such a plan will go far to eliminate the type of competition which surfaced last week in Anaconda when commissioners voted against sending a letter in support of the state’s acquisition of nearby big-game habitat because the county wanted to tap the same NRD grant pot for a waterline project. They’re both worthwhile projects, and there shouldn’t be even the perception of competition between them.

This roadmap will eliminate that problem by designating specific amounts of money for various types of projects, and NRD staff members also propose to continue a limited grant program with an annual spending cap of $5 million for up to 14 more years — also a good idea.

Space constraints prevent us from doing justice to this plan, so we encourage you to review it yourself and then let the state or the NRD citizens’ advisory council know what you think about it. The council could take a preliminary vote on this as soon as Tuesday, or they may decide to hold off at least a month to gather more input. We hope they choose the latter, given the importance of this plan.

Learn and comment The proposed plan is on the state’s Web site at www.doj.mt.gov/lands/naturalresource. Click on “Restoration Road Map” in the far-right column. The executive summary is only two pages, one of which is a flow chart encapsulating the plan. Even the longer document is a fairly quick read at only 20 pages. Initial public comment will be taken at the NRD citizens’ advisory council meeting Tuesday at 1 p.m. at the Deer Lodge Community Center, 146 Cottonwood St. with many more chances to follow.


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