(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 
BPMD 
CONTAMINATION.—The 
term 
‘‘BPMD contamination’’ means a release or threat-
ened 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 Protec-
tion Agency Docket ID No. EPA HQ–OLEM2016– 
0152, as published in the final rule of the Environ-
mental Protection Agency entitled ‘‘National Prior-
ities List’’ (81 Fed. Reg. 62397 (September 9, 
2016)), including all areas of that site that the En-
vironmental Protection Agency has ever defined or 
described for purposes of, or in relation to, the Na-
tional Priorities List developed by the President in 
accordance with section 105(a)(8)(B) of the Com-
prehensive 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 com-
pensation of a certain amount under chapter 171 of 
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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 dam-
ages. 
(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 vaca-
tion rentals. 
(iii) Expenses arising from relocating 
livestock and providing alternative water 
supplies incurred during the period begin-
ning on August 5, 2015, and ending on 
October 15, 2015. 
(iv) Diminished yield or loss of agri-
cultural crops occurring during the period 
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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 Environ-
mental Response, Compensation, and Li-
ability 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 subpara-
graph (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; 
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(ii) that has not, prior to the date of 
enactment of this Act, entered into a set-
tlement 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 dam-
ages described in a covered claim. 
(B) LIMITATIONS.—The term ‘‘injured 
person’’ only includes an individual or entity de-
scribed in subparagraph (A) that— 
(i) has, on or before August 5, 2017, 
submitted a covered claim to the Adminis-
trator; 
(ii) if the entity is a business, is in op-
eration 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-re-
lated business. 
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(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 enti-
tled 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, as-
certain, adjust, determine, grant, deny, or settle any 
covered claim for covered damages asserted in the 
covered claim by an injured person for covered dam-
ages 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— 
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(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 de-
termining and settling a covered claim, the Adminis-
trator shall determine only— 
(A) whether the claimant is an injured per-
son; 
(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 
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(D) the person or persons entitled to re-
ceive 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 relat-
ing 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 (com-
monly known as the ‘‘Federal Tort Claims Act’’), or 
any other Federal or State law, arising out of or re-
lating 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 cov-
ered claim; 
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(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 conclu-
sive on the claimant with respect to all injuries re-
sulting from the Gold King Mine spill that are suf-
fered 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 Col-
orado, to modify or set aside the decision, in whole 
or in part. 
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(2) RECORD.—The court shall hear a civil ac-
tion under paragraph (1) on the record made before 
the Administrator. 
(3) STANDARD.—The decision of the Adminis-
trator incorporating the findings of the Adminis-
trator 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 cov-
ered claims; and 
(3) the disposition of the covered claims, includ-
ing the amount of any payment under this Act. 
SEC. 4. APPROPRIATION OF FUNDS. 
(a) IN GENERAL.—There are appropriated to the Ad-
ministrator 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. 
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(b) EMERGENCY REQUIREMENT.—The entire amount 
made available under subsection (a) is designated by Con-
gress 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)). 
Æ 
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