[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5192 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5192
To authorize compensation to individuals, organizations, and companies
impacted by the Gold King Mine wastewater spill of 2015, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Bennet (for himself and Mr. Hickenlooper) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To authorize compensation to individuals, organizations, and companies
impacted by the Gold King Mine wastewater spill of 2015, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gold King Mine Spill Compensation
Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) BPMD contamination.--The term ``BPMD contamination''
means a release or threatened release of hazardous substances
that occurred or is occurring on or before the date of
enactment of this Act at or from mining-related sources within
the Bonita Peak Mining District Superfund Site in San Juan
County, Colorado, Environmental Protection Agency Docket ID No.
EPA HQ-OLEM2016-0152, as published in the final rule of the
Environmental Protection Agency entitled ``National Priorities
List'' (81 Fed. Reg. 62397 (September 9, 2016)), including all
areas of that site that the Environmental Protection Agency has
ever defined or described for purposes of, or in relation to,
the National Priorities List developed by the President in
accordance with section 105(a)(8)(B) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9605(a)(8)(B)).
(3) Covered claim.--The term ``covered claim'' means a
written request for monetary compensation of a certain amount
under chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act''), submitted to the
Administrator on or before August 5, 2017, by an injured person
for compensation for covered damages.
(4) Covered damages.--
(A) In general.--The term ``covered damages'' means
any of the following types of adequately documented, as
determined by the Administrator, damages suffered by an
injured person as a result of the Gold King Mine spill
that is otherwise uncompensated:
(i) Injury.
(ii) Lost business income incurred during
the period beginning on August 5, 2015, and
ending on December 31, 2015, excluding lost
business income from vacation rentals.
(iii) Expenses arising from relocating
livestock and providing alternative water
supplies incurred during the period beginning
on August 5, 2015, and ending on October 15,
2015.
(iv) Diminished yield or loss of
agricultural crops occurring during the period
beginning on August 5, 2015, and ending on
December 31, 2015.
(B) Exclusions.--The term ``covered damages'' does
not include--
(i) costs for response (as defined in
section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601)); or
(ii) emotional distress.
(5) Gold king mine spill.--The term ``Gold King Mine
spill'' means the release, on August 5, 2015, of more than
3,000,000 gallons of acid mine drainage containing heavy metals
from the Gold King Mine located in San Juan County, Colorado,
into downstream waters, including the Animas and San Juan
Rivers, that occurred during a removal site evaluation by the
Environmental Protection Agency.
(6) Injured person.--
(A) In general.--Subject to subparagraph (B), the
term ``injured person'' means a homeowner, a livestock
grazer, a farmer, or a recreation company or other
business--
(i) that, as a result of the Gold King Mine
spill, suffered covered damages;
(ii) that has not, prior to the date of
enactment of this Act, entered into a
settlement agreement with the United States for
any amount exceeding $2,500, or had a judgment
entered by any court in any case related to
BPMD contamination or the Gold King Mine spill;
and
(iii) to which the Administrator--
(I) denied a covered claim; or
(II) did not fully compensate the
individual or entity for covered
damages described in a covered claim.
(B) Limitations.--The term ``injured person'' only
includes an individual or entity described in
subparagraph (A) that--
(i) has, on or before August 5, 2017,
submitted a covered claim to the Administrator;
(ii) if the entity is a business, is in
operation as of the date of a payment under
this Act; and
(iii) if the entity is a business, does not
own a mine or perform any mine-related
business.
(7) Injury.--The term ``injury'' has the same meaning as
the term ``injury or loss of property, or personal injury or
death'' as used in section 1346(b)(1) of title 28, United
States Code.
SEC. 3. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL.
(a) In General.--Each injured person shall be entitled to receive
from the United States compensation for covered damages suffered by the
injured person as a result of the Gold King Mine spill.
(b) Investigation of Claims.--
(1) In general.--The Administrator shall, on behalf of the
United States, investigate, consider, ascertain, adjust,
determine, grant, deny, or settle any covered claim for covered
damages asserted in the covered claim by an injured person for
covered damages suffered as a result of the Gold King Mine
spill.
(2) Applicability of state law.--Except as otherwise
provided in this Act, the laws of the State of Colorado shall
apply to the calculation of covered damages.
(3) Extent of damages.--Any payment under this Act--
(A) shall be limited to--
(i) actual compensatory damages measured by
injuries suffered; and
(ii) the amount originally claimed by the
injured person in the covered claim; and
(B) shall not include--
(i) interest before or after settlement or
payment of a covered claim; or
(ii) punitive damages.
(c) Payment of Covered Claims.--
(1) Determination required.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall
determine and fix the amount, if any, to be paid for the
covered claim.
(2) Parameters of determination.--In determining and
settling a covered claim, the Administrator shall determine
only--
(A) whether the claimant is an injured person;
(B) whether the injury that is the subject of the
covered claim resulted from the Gold King Mine spill;
(C) the amount, if any, to be allowed and paid
under this Act; and
(D) the person or persons entitled to receive the
amount.
(d) Acceptance of Award.--The acceptance by a claimant of any
payment under this Act shall--
(1) be final and conclusive on the claimant with respect to
all covered claims arising out of or relating to the same
subject matter;
(2) constitute a complete release of all covered claims
against the United States (including any agency or employee of
the United States) under chapter 171 of title 28, United States
Code (commonly known as the ``Federal Tort Claims Act''), or
any other Federal or State law, arising out of or relating to
the same subject matter; and
(3) include a certification by the claimant, made under
penalty of perjury and subject to the provisions of section
1001 of title 18, United States Code, that the covered claim is
true and correct.
(e) Election of Remedy.--
(1) In general.--An injured person may elect to seek
compensation from the United States for 1 or more injuries
resulting from the Gold King Mine spill by--
(A) pursuing compensation under a covered claim;
(B) filing a claim or bringing a civil action under
chapter 171 of title 28, United States Code; or
(C) bringing an authorized civil action under any
other provision of law.
(2) Effect of election.--An election by an injured person
to seek compensation in any manner described in paragraph (1)
shall be final and conclusive on the claimant with respect to
all injuries resulting from the Gold King Mine spill that are
suffered by the claimant.
(3) No effect on entitlements.--Nothing in this Act affects
any right of a claimant to file a claim for benefits under any
Federal entitlement program.
(f) Judicial Review.--
(1) In general.--Any claimant aggrieved by a final decision
of the Administrator under this Act may, not later than 60 days
after the date on which the decision is issued, bring a civil
action in the United States District Court for the District of
Colorado, to modify or set aside the decision, in whole or in
part.
(2) Record.--The court shall hear a civil action under
paragraph (1) on the record made before the Administrator.
(3) Standard.--The decision of the Administrator
incorporating the findings of the Administrator shall be upheld
if the decision is supported by substantial evidence on the
record considered as a whole.
(g) Report.--Not later than 90 days after the date on which all
covered claims have been processed under this Act, the Administrator
shall submit to Congress a report that describes--
(1) the amounts claimed;
(2) a brief description of the nature of the covered
claims; and
(3) the disposition of the covered claims, including the
amount of any payment under this Act.
SEC. 4. APPROPRIATION OF FUNDS.
(a) In General.--There are appropriated to the Administrator for
fiscal year 2025, out of any amounts in the Treasury not otherwise
appropriated, such sums as are necessary for the payment of claims in
accordance with this Act, to remain available until expended.
(b) Emergency Requirement.--The entire amount made available under
subsection (a) is designated by Congress as an emergency requirement
under section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
<all>