I 

115TH CONGRESS 

1ST SESSION H. R. 4735 

To provide compensation to persons injured by the Gold King Mine spill 

and fund certain long-term water quality monitoring programs, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2018 

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, 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 provide compensation to persons injured by the Gold 

King Mine spill and fund certain long-term 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Accountability Act of 2018’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) On August 5, 2015, the Environmental Pro2 tection Agency caused a blowout at the Gold King 

3 Mine in Colorado that released approximately 3 mil4 lion gallons of heavy-metal-laced mine wastewater 

5 into the Animas and San Juan Rivers. 

6 (2) In October of 2015, the Bureau of Rec7 lamation issued a report that detailed how the Envi8 ronmental Protection Agency ‘‘incorrectly con9 cluded’’ that the water level inside the Gold King 

10 mine was only partially full of wastewater and used 

11 this conclusion to develop a ‘‘plan to open the mine 

12 in a manner that appeared to guard against blowout, 

13 but instead led directly to that failure’’. 

14 (3) On January 13, 2017, the Environmental 

15 Protection Agency concluded that the agency was 

16 not legally able to pay compensation for the claims 

17 relating to the Gold King Mine spill brought under 

18 the Federal Tort Claims Act. 

19 (4) On August 4, 2017, Environmental Protec20 tion Agency Administrator Scott Pruitt announced 

21 that the agency will reconsider claims relating to the 

22 Gold King Mine spill. 

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

24 SPILL. 

25 (a) FEDERAL TORT CLAIMS.— 


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

2 each injured person shall be entitled to receive from 

3 the United States compensation for a claim filed, or 

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

5 United States Code (commonly known as the ‘‘Fed6 eral Tort Claims Act’’), arising out of or relating to 

7 an injury resulting from the Gold King Mine spill. 

8 (2) NONAPPLICABILITY OF LIMITATION.—Not9 withstanding section 2672 of title 28, United States 

10 Code, the Administrator may provide compensation 

11 for a claim under this section in an amount greater 

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

13 Attorney General (or a designee), as the Adminis14 trator determines to be appropriate. 

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

16 (1) ESTABLISHMENT.—There is established 

17 within the Environmental Protection Agency an Of18 fice of Gold King Mine Spill Claims, in this sub19 section referred to as the ‘‘Office’’. 

20 (2) PURPOSE.—The Office shall receive, proc21 ess, and pay claims in accordance with this section. 

22 (3) TREATMENT.—The establishment of the Of23 fice by this subsection shall not diminish the ability 

24 of the Administrator to carry out the responsibilities 


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1 of the Environmental Protection Agency under any 

2 other provision of law. 

3 (4) DETAILEES.—Upon the request of the Ad4 ministrator, the head of any Federal department or 

5 agency may detail, on a reimbursable basis, any per6 sonnel of that department or agency to the Office to 

7 assist in carrying out this section. 

8 (c) ALLOWABLE DAMAGES.— 

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

10 loss of property under this section may include dam11 ages resulting from the Gold King Mine spill for— 

12 (A) any cost resulting from lost tribal sub13 sistence from hunting, fishing, firewood gath14 ering, timbering, grazing, or agricultural activi15 ties, or from lost use for traditional or ceremo16 nial uses, conducted on land or using water 

17 damaged by the Gold King Mine spill; 

18 (B) any cost of reforestation or revegeta19 tion on tribal or non-Federal land, to the extent 

20 that the cost of reforestation or revegetation is 

21 not covered by any other Federal program; 

22 (C) any costs borne by any injured person 

23 to determine the extent of— 

24 (i) the damages to agricultural land; 

25 or 


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1 (ii) any other damages covered by this 

2 section; 

3 (D) any costs borne by an injured person 

4 to pay for water supplies or equipment to treat 

5 water during the period for which a water sup6 ply of the injured person was compromised by 

7 the Gold King Mine spill; and 

8 (E) any other loss that the Administrator 

9 determines to be appropriate for inclusion as 

10 loss of property. 

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

12 a business loss under this section may include dam13 ages resulting from the Gold King Mine spill for— 

14 (A) damage to tangible assets or inventory; 

15 (B) business interruption losses; 

16 (C) overhead costs; 

17 (D) employee wages for work not per18 formed; and 

19 (E) any other loss that the Administrator 

20 determines to be appropriate for inclusion as a 

21 business loss. 

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

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

25 (A) an insurance deductible; 


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1 (B) lost wages or personal income; 

2 (C) emergency staffing expenses; 

3 (D) debris removal and other cleanup 

4 costs; and 

5 (E) any other loss that the Administrator 

6 determines to be appropriate for inclusion as a 

7 financial loss. 

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

9 paragraphs (1) through (3) do not limit any com10 pensation that is otherwise available under chapter 

11 171 of title 28, United States Code. 

12 (d) COMPENSATION.— 

13 (1) IN GENERAL.—Any claim for damages com14 pensated under this section during a fiscal year shall 

15 be paid from unobligated funds appropriated to the 

16 Environmental Protection Agency for that fiscal 

17 year. 

18 (2) ROLLOVER.—To the extent that a claim ex19 ceeds the amount of unobligated funds available in 

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

21 paid from unobligated funds in the first subsequent 

22 fiscal year in which sufficient unobligated funds are 

23 available to satisfy such remainder. 

24 (e) DEFINITIONS.—In this section: 


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1 (1) INJURED PERSON.—The term ‘‘injured per2 son’’ means a person who suffered injury resulting 

3 from the Gold King Mine spill. 

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

5 injury for which compensation may be provided 

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

7 that is caused by a negligent or wrongful act or 

8 omission of a Federal officer, employee, contractor, 

9 or subcontractor while acting within the scope of of10 fice, employment, or contract, under circumstances 

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

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

13 the claimant in accordance with the law of the juris14 diction in which the act or omission occurred. 

15 (3) PERSON.—The term ‘‘person’’ means a per16 son who is eligible to bring a claim under chapter 

17 171 of title 28, United States Code, and may in18 clude— 

19 (A) an individual; 

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

21 other tribal organization; 

22 (C) a non-Federal entity, including a cor23 poration, business, partnership, company, asso24 ciation, insurer, ditch company, water district, 

25 and water company; 


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1 (D) a State or political subdivision of a 

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

3 district, and special district; 

4 (E) the Animas-La Plata Operation, Main5 tenance, and Replacement Association; or 

6 (F) a legal representative of an individual 

7 or entity described in any of subparagraphs (A) 

8 through (E). 

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

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

11 subsection (b), the Administrator shall fund the implemen12 tation of the long-term monitoring program developed by 

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

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

15 Rivers. 

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

17 Administrator under subsection (a), the long-term moni18 toring program shall— 

19 (1) provide full disclosure to the public of appli20 cable water quality and sediment data; 

21 (2) enable clear and meaningful comparison be22 tween those data and all relevant water quality 

23 standards; and 

24 (3) meet such other conditions as the Adminis25 trator may require to administer the program. 


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1 SEC. 5. PROHIBITION OF RULE MAKING. 

2 (a) IN GENERAL.—Except as provided under sub3 section (b), the Administrator may not finalize a rule or 

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

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

6 processed under section 3 have been paid in full, as appli7 cable. 

8 (b) EXCEPTIONS.—The prohibition under subsection 

9 (a) shall not apply with respect to— 

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

11 implement this Act; and 

12 (2) any rule that the Administrator determines 

13 necessary to address an imminent threat to public 

14 health or safety, or other emergency. 

15 SEC. 6. DEFINITIONS. 

16 In this Act: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency. 

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

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

22 2015, of approximately 3,000,000 gallons of con23 taminated water from the Gold King Mine north of 

24 Silverton, Colorado, into Cement Creek that oc25 curred while contractors of the Environmental ProVerDate Sep 11 2014 00:39 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4735.IH H4735

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1 tection Agency were conducting an investigation of 

2 the Gold King Mine. 

Æ 


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