I 

114TH CONGRESS 

2D SESSION H. R. 4483 

To appoint a special investigator to determine the role of the Environmental 

Protection Agency in the Gold King Mine spill and its downstream 

environmental effects, provide compensation to injured persons, fund 

certain long-term water quality monitoring programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2016 

Mr. PEARCE introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Judiciary, Rules, Energy and Commerce, and Agriculture, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To appoint a special investigator to determine the role of 

the Environmental Protection Agency in the Gold King 

Mine spill and its downstream environmental effects, provide compensation to injured persons, fund certain longterm water quality monitoring programs, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Gold King Mine Spill 

3 Accountability Act of 2016’’. 

4 SEC. 2. SPECIAL INVESTIGATION OF ENVIRONMENTAL PRO5 TECTION AGENCY ROLE IN GOLD KING MINE 

6 SPILL. 

7 (a) APPOINTMENT.—Not later than 30 days after the 

8 date of enactment of this Act, the Attorney General shall 

9 appoint a special investigator, dedicated full time, to con10 duct an investigation in order to determine— 

11 (1) who was at fault for the Gold King Mine 

12 spill; 

13 (2) which individuals were responsible for the 

14 decisions that led to the spill; and 

15 (3) what downstream environmental effects 

16 were caused by the actions of the Environmental 

17 Protection Agency, or the Environmental Protection 

18 Agency’s failure to take action, after the Gold King 

19 Mine spill. 

20 (b) COMPENSATION FROM ENVIRONMENTAL PRO21 TECTION AGENCY.—The special investigator shall be com22 pensated for expenses incurred in the course of conducting 

23 the investigation under subsection (a) by amounts pro24 vided in advance in appropriation Acts to the Adminis25 trator. The special investigator shall be paid at a rate not 

26 to exceed the rate of basic pay for GS–14 of the General 


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1 Schedule. If the special investigator is a full-time officer 

2 or employee of the United States, the special investigator 

3 may not receive additional pay, allowances, or benefits by 

4 reason of his or her service as a special investigator under 

5 this section. 

6 (c) AUTHORITIES OF SPECIAL INVESTIGATOR.— 

7 (1) STAFF.—The special investigator may ap8 point and fix the pay of additional personnel as the 

9 special investigator considers appropriate. Staff 

10 members appointed by the special investigator under 

11 this paragraph who are full-time officers or employ12 ees of the United States may not receive additional 

13 pay, allowances, or benefits by reason of their serv14 ice to the special investigator. 

15 (2) STAFF OF FEDERAL AGENCIES.—Upon the 

16 request of the special investigator, the head of any 

17 Federal department or agency may detail any of the 

18 personnel of that department or agency to assist the 

19 special investigator in carrying out his or her duties 

20 under this section. 

21 (3) OBTAINING OFFICIAL DATA.—The special 

22 investigator may secure directly from any depart23 ment or agency of the United States information 

24 necessary to enable the special investigator to carry 

25 out this section. Upon the request of the special inVerDate Sep 11 2014 04:42 Feb 06, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483

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1 vestigator, the head of that department or agency 

2 shall furnish that information to the special investi3 gator. 

4 (4) SUBPOENA POWER.— 

5 (A) IN GENERAL.—The special investigator 

6 may issue subpoenas requiring the attendance 

7 and testimony of witnesses and the production 

8 of any evidence relating to any matter that the 

9 special investigator is empowered to investigate 

10 under this section. The attendance of witnesses 

11 and the production of evidence may be required 

12 from any place within the United States at any 

13 designated place of hearing within the United 

14 States. 

15 (B) FAILURE TO OBEY A SUBPOENA.—If a 

16 person refuses to obey a subpoena issued under 

17 subparagraph (A), the special investigator may 

18 apply to a United States district court for an 

19 order requiring that person to appear before the 

20 special investigator to give testimony, produce 

21 evidence, or both, relating to the matter under 

22 investigation. The application may be made 

23 within the judicial district where the hearing is 

24 conducted or where that person is found, re25 sides, or transacts business. Any failure to obey 


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1 the order of the court may be punished by the 

2 court as civil contempt. 

3 (C) SERVICE OF SUBPOENAS.—The sub4 poenas of the special investigator shall be 

5 served in the manner provided for subpoenas 

6 issued by a United States district court under 

7 the Federal Rules of Civil Procedure for the 

8 United States district courts. 

9 (D) SERVICE OF PROCESS.—All process of 

10 any court to which application is made under 

11 subparagraph (B) may be served in the judicial 

12 district in which the person required to be 

13 served resides or may be found. 

14 (d) REPORT OF FINDINGS AND CONCLUSIONS TO

15 CONGRESS.— 

16 (1) REPORT OF FINDINGS.—Not later than 180 

17 days after the date on which the special investigator 

18 is appointed, the special investigator shall submit to 

19 Congress a report containing the results of the in20 vestigation under subsection (a). 

21 (2) REPORT OF GAO AUDIT.—Not later than 

22 180 days after the date on which a report is sub23 mitted under paragraph (1), the Comptroller Gen24 eral shall submit to Congress a report containing the 


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1 results of an audit of the investigation, to determine 

2 whether— 

3 (A) the investigator appointed had any 

4 conflict of interest relating to the subject mat5 ter of the investigation or with the Environ6 mental Protection Agency; and 

7 (B) the findings are based on substan8 tiated scientific evidence, as applicable. 

9 (3) RECIPIENTS.— 

10 (A) The Speaker of the House of Rep11 resentatives shall refer the reports submitted 

12 under paragraphs (1) and (2) to the following: 

13 (i) The Committees on Science, Space, 

14 and Technology, Natural Resources, and 

15 Oversight and Government Reform of the 

16 House of Representatives. 

17 (ii) Each Member of the House of 

18 Representatives representing a district that 

19 includes the Animas and San Juan River 

20 watersheds or any affected area down21 stream of the Gold King Mine. 

22 (B) The President pro tempore of the Sen23 ate shall refer the reports submitted under 

24 paragraphs (1) and (2) to the following: 


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1 (i) The Committees on Energy and 

2 Natural Resources and Environment and 

3 Public Works of the Senate. 

4 (ii) Each Member of the Senate rep5 resenting a State that includes the Animas 

6 and San Juan River watersheds or any af7 fected area downstream of the Gold King 

8 Mine. 

9 (e) TERMINATION.—The authority of the special in10 vestigator shall terminate upon submission of the report 

11 under subsection (d)(1). 

12 SEC. 3. COMPENSATION FOR VICTIMS OF GOLD KING MINE 

13 SPILL. 

14 (a) FEDERAL TORT CLAIMS.— 

15 (1) IN GENERAL.—Subject to paragraph (2), 

16 each injured person shall be entitled to receive from 

17 the United States compensation for a claim filed, or 

18 civil action brought, under chapter 171 of title 28, 

19 United States Code (commonly known as the ‘‘Fed20 eral Tort Claims Act’’), arising out of or relating to 

21 an injury resulting from the Gold King Mine spill. 

22 (2) NONAPPLICABILITY OF LIMITATION.—Not23 withstanding section 2672 of title 28, United States 

24 Code, the Administrator may provide compensation 

25 for a claim under this section in an amount greater 


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1 than $25,000 without prior written approval of the 

2 Attorney General (or a designee), as the Adminis3 trator determines to be appropriate. 

4 (b) OFFICE OF GOLD KING MINE SPILL CLAIMS.— 

5 (1) ESTABLISHMENT.—There is established 

6 within the Environmental Protection Agency an Of7 fice of Gold King Mine Spill Claims, in this sub8 section referred to as the ‘‘Office’’. 

9 (2) PURPOSE.—The Office shall receive, proc10 ess, and pay claims in accordance with this section. 

11 (3) TREATMENT.—The establishment of the Of12 fice by this subsection shall not diminish the ability 

13 of the Administrator to carry out the responsibilities 

14 of the Environmental Protection Agency under any 

15 other provision of law. 

16 (4) DETAILEES.—Upon the request of the Ad17 ministrator, the head of any Federal department or 

18 agency may detail, on a reimbursable basis, any per19 sonnel of that department or agency to the Office to 

20 assist in carrying out this section. 

21 (c) ALLOWABLE DAMAGES.— 

22 (1) PROPERTY LOSS.—A claim that is paid for 

23 loss of property under this section may include dam24 ages resulting from the Gold King Mine spill for— 


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1 (A) any cost resulting from lost tribal sub2 sistence from hunting, fishing, firewood gath3 ering, timbering, grazing, or agricultural activi4 ties, or from lost use for traditional or ceremo5 nial uses, conducted on land or using water 

6 damaged by the Gold King Mine spill; 

7 (B) any cost of reforestation or revegeta8 tion on tribal or non-Federal land, to the extent 

9 that the cost of reforestation or revegetation is 

10 not covered by any other Federal program; 

11 (C) any costs borne by any injured person 

12 to determine the extent of— 

13 (i) the damages to agricultural land; 

14 or 

15 (ii) any other damages covered by this 

16 section; 

17 (D) any costs borne by an injured person 

18 to pay for water supplies or equipment to treat 

19 water during the period for which a water sup20 ply of the injured person was compromised by 

21 the Gold King Mine spill; and 

22 (E) any other loss that the Administrator 

23 determines to be appropriate for inclusion as 

24 loss of property. 


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1 (2) BUSINESS LOSS.—A claim that is paid for 

2 a business loss under this section may include dam3 ages resulting from the Gold King Mine spill for— 

4 (A) damage to tangible assets or inventory; 

5 (B) business interruption losses; 

6 (C) overhead costs; 

7 (D) employee wages for work not per8 formed; and 

9 (E) any other loss that the Administrator 

10 determines to be appropriate for inclusion as a 

11 business loss. 

12 (3) FINANCIAL LOSS.—A claim that is paid for 

13 a financial loss under this section may include dam14 ages resulting from the Gold King Mine spill for— 

15 (A) an insurance deductible; 

16 (B) lost wages or personal income; 

17 (C) emergency staffing expenses; 

18 (D) debris removal and other cleanup 

19 costs; and 

20 (E) any other loss that the Administrator 

21 determines to be appropriate for inclusion as a 

22 financial loss. 

23 (4) NON-LIMITATION.—The losses described in 

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1 pensation that is otherwise available under chapter 

2 171 of title 28, United States Code. 

3 (d) COMPENSATION.— 

4 (1) IN GENERAL.—Any claim for damages com5 pensated under this section during a fiscal year shall 

6 be paid from unobligated funds appropriated to the 

7 Environmental Protection Agency for that fiscal 

8 year. 

9 (2) ROLLOVER.—To the extent that a claim ex10 ceeds the amount of unobligated funds available in 

11 that fiscal year, the remainder of the claim shall be 

12 paid from unobligated funds in the first subsequent 

13 fiscal year in which sufficient unobligated funds are 

14 available to satisfy such remainder. 

15 (e) DEFINITIONS.—In this section: 

16 (1) INJURED PERSON.—The term ‘‘injured per17 son’’ means a person who suffered injury resulting 

18 from the Gold King Mine spill. 

19 (2) INJURY.—The term ‘‘injury’’ includes any 

20 injury for which compensation may be provided 

21 under chapter 171 of title 28, United States Code, 

22 that is caused by a negligent or wrongful act or 

23 omission of a Federal officer, employee, contractor, 

24 or subcontractor while acting within the scope of of25 fice, employment, or contract, under circumstances 


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1 in which the Federal officer, employee, contractor, or 

2 subcontractor, if a private person, would be liable to 

3 the claimant in accordance with the law of the juris4 diction in which the act or omission occurred. 

5 (3) PERSON.—The term ‘‘person’’ means a per6 son who is eligible to bring a claim under chapter 

7 171 of title 28, United States Code, and may in8 clude— 

9 (A) an individual; 

10 (B) an Indian tribe, tribal corporation, or 

11 other tribal organization; 

12 (C) a non-Federal entity, including a cor13 poration, business, partnership, company, asso14 ciation, insurer, ditch company, water district, 

15 and water company; 

16 (D) a State or political subdivision of a 

17 State, including a county, township, city, school 

18 district, and special district; 

19 (E) the Animas-La Plata Operation, Main20 tenance, and Replacement Association; or 

21 (F) a legal representative of an individual 

22 or entity described in any of subparagraphs (A) 

23 through (E). 


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1 SEC. 4. GOLD KING MINE SPILL RESPONSE PROGRAM. 

2 (a) IN GENERAL.—Subject to the requirements of 

3 subsection (b), the Administrator shall fund the implemen4 tation of the long-term monitoring program developed by 

5 the Long-Term Impact Review Team of the State of New 

6 Mexico for the water quality of the Animas and San Juan 

7 Rivers. 

8 (b) REQUIREMENTS.—In order to be funded by the 

9 Administrator under subsection (a), the long-term moni10 toring program shall— 

11 (1) provide full disclosure to the public of appli12 cable water quality and sediment data; 

13 (2) enable clear and meaningful comparison be14 tween those data and all relevant water quality 

15 standards; and 

16 (3) meet such other conditions as the Adminis17 trator may require to administer the program. 

18 SEC. 5. PROHIBITION OF RULE MAKING. 

19 (a) IN GENERAL.—Except as provided under sub20 section (b), the Administrator may not finalize a rule or 

21 engage in a rule making (as such terms are defined in 

22 section 551 of title 5, United States Code) until all claims 

23 processed under section 3 have been paid in full, as appli24 cable. 

25 (b) EXCEPTIONS.—The prohibition under subsection 

26 (a) shall not apply with respect to— 


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1 (1) such rules as may be required in order to 

2 implement this Act; and 

3 (2) any rule that the Administrator determines 

4 necessary to address an imminent threat to public 

5 health or safety, or other emergency. 

6 SEC. 6. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

11 (2) GOLD KING MINE SPILL.—The term ‘‘Gold 

12 King Mine spill’’ means the discharge on August 5, 

13 2015, of approximately 3,000,000 gallons of con14 taminated water from the Gold King Mine north of 

15 Silverton, Colorado, into Cement Creek that oc16 curred while contractors of the Environmental Pro17 tection Agency were conducting an investigation of 

18 the Gold King Mine. 

Æ 


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