S. 568

119 S568 IS: Gold King Mine Spill Compensation Act of 2025
 U.S. Senate
 2025-02-13
 text/xml
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 568  IN THE SENATE OF THE UNITED STATES   February 13, 2025   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.
1.
Short title
This Act may be cited as the   Gold King Mine Spill Compensation Act of 2025  .
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.
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.
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, but not to exceed $3,300,000, 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) ).