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[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>
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