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 pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2016 
Mr. PEARCE introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees 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, pro-
vide compensation to injured persons, fund certain long- 
term water quality monitoring programs, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gold King Mine Spill 
Accountability Act of 2016’’. 
SEC. 2. SPECIAL INVESTIGATION OF ENVIRONMENTAL PRO-
TECTION AGENCY ROLE IN GOLD KING MINE 
SPILL. 
(a) APPOINTMENT.—Not later than 30 days after the 
date of enactment of this Act, the Attorney General shall 
appoint a special investigator, dedicated full time, to con-
duct an investigation in order to determine— 
(1) who was at fault for the Gold King Mine 
spill; 
(2) which individuals were responsible for the 
decisions that led to the spill; and 
(3) what downstream environmental effects 
were caused by the actions of the Environmental 
Protection Agency, or the Environmental Protection 
Agency’s failure to take action, after the Gold King 
Mine spill. 
(b) COMPENSATION FROM ENVIRONMENTAL PRO-
TECTION AGENCY.—The special investigator shall be com-
pensated for expenses incurred in the course of conducting 
the investigation under subsection (a) by amounts pro-
vided in advance in appropriation Acts to the Adminis-
trator. The special investigator shall be paid at a rate not 
to exceed the rate of basic pay for GS–14 of the General 
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Schedule. If the special investigator is a full-time officer 
or employee of the United States, the special investigator 
may not receive additional pay, allowances, or benefits by 
reason of his or her service as a special investigator under 
this section. 
(c) AUTHORITIES OF SPECIAL INVESTIGATOR.— 
(1) STAFF.—The special investigator may ap-
point and fix the pay of additional personnel as the 
special investigator considers appropriate. Staff 
members appointed by the special investigator under 
this paragraph who are full-time officers or employ-
ees of the United States may not receive additional 
pay, allowances, or benefits by reason of their serv-
ice to the special investigator. 
(2) STAFF OF FEDERAL AGENCIES.—Upon the 
request of the special investigator, the head of any 
Federal department or agency may detail any of the 
personnel of that department or agency to assist the 
special investigator in carrying out his or her duties 
under this section. 
(3) OBTAINING
OFFICIAL
DATA.—The special 
investigator may secure directly from any depart-
ment or agency of the United States information 
necessary to enable the special investigator to carry 
out this section. Upon the request of the special in-
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vestigator, the head of that department or agency 
shall furnish that information to the special investi-
gator. 
(4) SUBPOENA POWER.— 
(A) IN GENERAL.—The special investigator 
may issue subpoenas requiring the attendance 
and testimony of witnesses and the production 
of any evidence relating to any matter that the 
special investigator is empowered to investigate 
under this section. The attendance of witnesses 
and the production of evidence may be required 
from any place within the United States at any 
designated place of hearing within the United 
States. 
(B) FAILURE TO OBEY A SUBPOENA.—If a 
person refuses to obey a subpoena issued under 
subparagraph (A), the special investigator may 
apply to a United States district court for an 
order requiring that person to appear before the 
special investigator to give testimony, produce 
evidence, or both, relating to the matter under 
investigation. The application may be made 
within the judicial district where the hearing is 
conducted or where that person is found, re-
sides, or transacts business. Any failure to obey 
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the order of the court may be punished by the 
court as civil contempt. 
(C) SERVICE
OF
SUBPOENAS.—The sub-
poenas of the special investigator shall be 
served in the manner provided for subpoenas 
issued by a United States district court under 
the Federal Rules of Civil Procedure for the 
United States district courts. 
(D) SERVICE OF PROCESS.—All process of 
any court to which application is made under 
subparagraph (B) may be served in the judicial 
district in which the person required to be 
served resides or may be found. 
(d) REPORT OF FINDINGS AND CONCLUSIONS TO 
CONGRESS.— 
(1) REPORT OF FINDINGS.—Not later than 180 
days after the date on which the special investigator 
is appointed, the special investigator shall submit to 
Congress a report containing the results of the in-
vestigation under subsection (a). 
(2) REPORT OF GAO AUDIT.—Not later than 
180 days after the date on which a report is sub-
mitted under paragraph (1), the Comptroller Gen-
eral shall submit to Congress a report containing the 
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results of an audit of the investigation, to determine 
whether— 
(A) the investigator appointed had any 
conflict of interest relating to the subject mat-
ter of the investigation or with the Environ-
mental Protection Agency; and 
(B) the findings are based on substan-
tiated scientific evidence, as applicable. 
(3) RECIPIENTS.— 
(A) The Speaker of the House of Rep-
resentatives shall refer the reports submitted 
under paragraphs (1) and (2) to the following: 
(i) The Committees on Science, Space, 
and Technology, Natural Resources, and 
Oversight and Government Reform of the 
House of Representatives. 
(ii) Each Member of the House of 
Representatives representing a district that 
includes the Animas and San Juan River 
watersheds or any affected area down-
stream of the Gold King Mine. 
(B) The President pro tempore of the Sen-
ate shall refer the reports submitted under 
paragraphs (1) and (2) to the following: 
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(i) The Committees on Energy and 
Natural Resources and Environment and 
Public Works of the Senate. 
(ii) Each Member of the Senate rep-
resenting a State that includes the Animas 
and San Juan River watersheds or any af-
fected area downstream of the Gold King 
Mine. 
(e) TERMINATION.—The authority of the special in-
vestigator shall terminate upon submission of the report 
under subsection (d)(1). 
SEC. 3. COMPENSATION FOR VICTIMS OF GOLD KING MINE 
SPILL. 
(a) FEDERAL TORT CLAIMS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
each injured person shall be entitled to receive from 
the United States compensation for a claim filed, or 
civil action brought, under chapter 171 of title 28, 
United States Code (commonly known as the ‘‘Fed-
eral Tort Claims Act’’), arising out of or relating to 
an injury resulting from the Gold King Mine spill. 
(2) NONAPPLICABILITY OF LIMITATION.—Not-
withstanding section 2672 of title 28, United States 
Code, the Administrator may provide compensation 
for a claim under this section in an amount greater 
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than $25,000 without prior written approval of the 
Attorney General (or a designee), as the Adminis-
trator determines to be appropriate. 
(b) OFFICE OF GOLD KING MINE SPILL CLAIMS.— 
(1) ESTABLISHMENT.—There is established 
within the Environmental Protection Agency an Of-
fice of Gold King Mine Spill Claims, in this sub-
section referred to as the ‘‘Office’’. 
(2) PURPOSE.—The Office shall receive, proc-
ess, and pay claims in accordance with this section. 
(3) TREATMENT.—The establishment of the Of-
fice by this subsection shall not diminish the ability 
of the Administrator to carry out the responsibilities 
of the Environmental Protection Agency under any 
other provision of law. 
(4) DETAILEES.—Upon the request of the Ad-
ministrator, the head of any Federal department or 
agency may detail, on a reimbursable basis, any per-
sonnel of that department or agency to the Office to 
assist in carrying out this section. 
(c) ALLOWABLE DAMAGES.— 
(1) PROPERTY LOSS.—A claim that is paid for 
loss of property under this section may include dam-
ages resulting from the Gold King Mine spill for— 
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(A) any cost resulting from lost tribal sub-
sistence from hunting, fishing, firewood gath-
ering, timbering, grazing, or agricultural activi-
ties, or from lost use for traditional or ceremo-
nial uses, conducted on land or using water 
damaged by the Gold King Mine spill; 
(B) any cost of reforestation or revegeta-
tion on tribal or non-Federal land, to the extent 
that the cost of reforestation or revegetation is 
not covered by any other Federal program; 
(C) any costs borne by any injured person 
to determine the extent of— 
(i) the damages to agricultural land; 
or 
(ii) any other damages covered by this 
section; 
(D) any costs borne by an injured person 
to pay for water supplies or equipment to treat 
water during the period for which a water sup-
ply of the injured person was compromised by 
the Gold King Mine spill; and 
(E) any other loss that the Administrator 
determines to be appropriate for inclusion as 
loss of property. 
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(2) BUSINESS LOSS.—A claim that is paid for 
a business loss under this section may include dam-
ages resulting from the Gold King Mine spill for— 
(A) damage to tangible assets or inventory; 
(B) business interruption losses; 
(C) overhead costs; 
(D) employee wages for work not per-
formed; and 
(E) any other loss that the Administrator 
determines to be appropriate for inclusion as a 
business loss. 
(3) FINANCIAL LOSS.—A claim that is paid for 
a financial loss under this section may include dam-
ages resulting from the Gold King Mine spill for— 
(A) an insurance deductible; 
(B) lost wages or personal income; 
(C) emergency staffing expenses; 
(D) debris removal and other cleanup 
costs; and 
(E) any other loss that the Administrator 
determines to be appropriate for inclusion as a 
financial loss. 
(4) NON-LIMITATION.—The losses described in 
paragraphs (1) through (3) do not limit any com-
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pensation that is otherwise available under chapter 
171 of title 28, United States Code. 
(d) COMPENSATION.— 
(1) IN GENERAL.—Any claim for damages com-
pensated under this section during a fiscal year shall 
be paid from unobligated funds appropriated to the 
Environmental Protection Agency for that fiscal 
year. 
(2) ROLLOVER.—To the extent that a claim ex-
ceeds the amount of unobligated funds available in 
that fiscal year, the remainder of the claim shall be 
paid from unobligated funds in the first subsequent 
fiscal year in which sufficient unobligated funds are 
available to satisfy such remainder. 
(e) DEFINITIONS.—In this section: 
(1) INJURED PERSON.—The term ‘‘injured per-
son’’ means a person who suffered injury resulting 
from the Gold King Mine spill. 
(2) INJURY.—The term ‘‘injury’’ includes any 
injury for which compensation may be provided 
under chapter 171 of title 28, United States Code, 
that is caused by a negligent or wrongful act or 
omission of a Federal officer, employee, contractor, 
or subcontractor while acting within the scope of of-
fice, employment, or contract, under circumstances 
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in which the Federal officer, employee, contractor, or 
subcontractor, if a private person, would be liable to 
the claimant in accordance with the law of the juris-
diction in which the act or omission occurred. 
(3) PERSON.—The term ‘‘person’’ means a per-
son who is eligible to bring a claim under chapter 
171 of title 28, United States Code, and may in-
clude— 
(A) an individual; 
(B) an Indian tribe, tribal corporation, or 
other tribal organization; 
(C) a non-Federal entity, including a cor-
poration, business, partnership, company, asso-
ciation, insurer, ditch company, water district, 
and water company; 
(D) a State or political subdivision of a 
State, including a county, township, city, school 
district, and special district; 
(E) the Animas-La Plata Operation, Main-
tenance, and Replacement Association; or 
(F) a legal representative of an individual 
or entity described in any of subparagraphs (A) 
through (E). 
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SEC. 4. GOLD KING MINE SPILL RESPONSE PROGRAM. 
(a) IN GENERAL.—Subject to the requirements of 
subsection (b), the Administrator shall fund the implemen-
tation of the long-term monitoring program developed by 
the Long-Term Impact Review Team of the State of New 
Mexico for the water quality of the Animas and San Juan 
Rivers. 
(b) REQUIREMENTS.—In order to be funded by the 
Administrator under subsection (a), the long-term moni-
toring program shall— 
(1) provide full disclosure to the public of appli-
cable water quality and sediment data; 
(2) enable clear and meaningful comparison be-
tween those data and all relevant water quality 
standards; and 
(3) meet such other conditions as the Adminis-
trator may require to administer the program. 
SEC. 5. PROHIBITION OF RULE MAKING. 
(a) IN GENERAL.—Except as provided under sub-
section (b), the Administrator may not finalize a rule or 
engage in a rule making (as such terms are defined in 
section 551 of title 5, United States Code) until all claims 
processed under section 3 have been paid in full, as appli-
cable. 
(b) EXCEPTIONS.—The prohibition under subsection 
(a) shall not apply with respect to— 
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(1) such rules as may be required in order to 
implement this Act; and 
(2) any rule that the Administrator determines 
necessary to address an imminent threat to public 
health or safety, or other emergency. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) GOLD KING MINE SPILL.—The term ‘‘Gold 
King Mine spill’’ means the discharge on August 5, 
2015, of approximately 3,000,000 gallons of con-
taminated water from the Gold King Mine north of 
Silverton, Colorado, into Cement Creek that oc-
curred while contractors of the Environmental Pro-
tection Agency were conducting an investigation of 
the Gold King Mine. 
Æ 
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