I 
114TH CONGRESS 
1ST SESSION H. R. 3602 
To provide compensation to injured persons relating to the Gold King Mine 
spill, to amend the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 to address mining-related issues, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 24, 2015 
Mr. BEN RAY LUJA´N of New Mexico (for himself, Ms. MICHELLE LUJAN 
GRISHAM of New Mexico, Mr. POLIS, Mr. PERLMUTTER, and Ms. 
DEGETTE) 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 and Energy and Commerce, 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 con-
cerned 
A BILL 
To provide compensation to injured persons relating to the 
Gold King Mine spill, to amend the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act 
of 1980 to address mining-related issues, 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 
Recovery Act of 2015’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) 
on 
August 
5, 
2015, 
approximately 
3,000,000 gallons of contaminated water was dis-
charged from the Gold King Mine north of Silverton, 
Colorado, into Cement Creek, a tributary of the 
Animas River, while contractors of the Environ-
mental Protection Agency were conducting an inves-
tigation of the mine— 
(A) to assess the ongoing water releases 
from the mine; 
(B) to treat mine water; and 
(C) to assess the feasibility of further mine 
remediation; 
(2) the plume of contaminated water resulting 
from the discharge described in paragraph (1)— 
(A) was found to contain high levels of 
heavy metals, including aluminum, arsenic, cad-
mium, cobalt, copper, iron, lead, manganese, 
mercury, molybdenum, nickel, and zinc; and 
(B) flowed through the Animas River, the 
San Juan River, and Lake Powell; 
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(3) as of the date of enactment of this Act, with 
respect to the discharge described in paragraph 
(1)— 
(A) state of emergency declarations have 
been made by— 
(i) the States of Colorado, New Mex-
ico, and Utah; and 
(ii) the Navajo Nation; and 
(B) a declaration of disaster has been 
issued by the Southern Ute Indian Tribe; and 
(4) on August 11, 2015, Administrator of the 
Environmental Protection Agency Gina McCarthy 
stated that the Environmental Protection Agency 
will take full responsibility for the discharge de-
scribed in paragraph (1). 
SEC. 3. 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-
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curred while contractors of the Environmental Pro-
tection Agency were conducting an investigation of 
the Gold King Mine. 
(3) INJURED PERSON.—The term ‘‘injured per-
son’’ means a person that— 
(A) suffered injury resulting from the Gold 
King Mine spill; and 
(B) is— 
(i) an individual, regardless of the 
citizenship or alien status of the individual; 
(ii) an Indian tribe, tribal corporation, 
or other tribal organization; 
(iii) a corporation, business, partner-
ship, company, association, insurer, county, 
township, city, State or political subdivi-
sion of a State, school district, ditch com-
pany, special district, water district, water 
company, the Animas-La Plata Operation, 
Maintenance and Replacement Association, 
or other non-Federal entity; or 
(iv) a legal representative of an indi-
vidual or entity described in any of clauses 
(i) through (iii). 
(4) INJURY.—The term ‘‘injury’’ means any 
damage to, or loss of, property, or a personal injury 
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or death, 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 
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. 
(5) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Gold King Mine Spill Claims established by 
section 4(b)(1). 
SEC. 4. COMPENSATION FOR VICTIMS OF GOLD KING MINE 
SPILL. 
(a) FEDERAL TORT CLAIMS.— 
(1) IN GENERAL.—Subject to paragraph (4), 
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) EFFECT OF ACCEPTANCE.—The acceptance 
by an injured person of compensation under para-
graph (1) shall have the same effect as acceptance 
of compensation under chapter 171 of title 28, 
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United States Code (commonly known as the ‘‘Fed-
eral Tort Claims Act’’), or any other Federal or 
State law, arising out of or relating to the Gold 
King Mine spill. 
(3) REQUIREMENT.—The Administrator and 
the Attorney General shall process a claim filed, or 
civil action brought, pursuant to paragraph (1) as 
expeditiously as practicable. 
(4) NONAPPLICABILITY OF LIMITATION.—With 
respect to any claim under this Act arising out of, 
or relating to, an injury resulting from the Gold 
King Mine spill— 
(A) the maximum amount limitation on 
claims described in the proviso of the first sen-
tence of section 2672 of title 28, United States 
Code, shall be waived; and 
(B) the Administrator may provide com-
pensation for the claim in an amount greater 
than $25,000 without prior written approval of 
the Attorney General (or a designee), as the 
Administrator 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. 
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(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.—On request of the Adminis-
trator, the head of any Federal department or agen-
cy may detail, on a reimbursable basis, any per-
sonnel of that department or agency to the Office to 
assist in carrying out the duties under this Act. 
(c) ALLOWABLE DAMAGES.— 
(1) PROPERTY LOSS.—A claim that is paid for 
loss of property under this section may include oth-
erwise-uncompensated damages resulting from the 
Gold King Mine spill for— 
(A) a 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 water damaged 
by the Gold King Mine spill; 
(B) a cost of reforestation or revegetation 
on tribal or non-Federal land, to the extent that 
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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 
Act; 
(D) any costs borne by an injured person 
who had to pay for water supplies or equipment 
to treat water during the period for which a 
water supply of the injured person was com-
promised by the Gold King Mine spill; and 
(E) any other loss that the Administrator 
determines to be appropriate for inclusion as 
loss of property. 
(2) BUSINESS LOSS.—A claim that is paid for 
an injury under this section may include damages 
resulting from the Gold King Mine spill for the fol-
lowing types of otherwise uncompensated business 
loss: 
(A) Damage to tangible assets or inven-
tory. 
(B) Business interruption losses. 
(C) Overhead costs. 
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(D) Employee wages for work not per-
formed. 
(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 
an injury under this section may include damages 
resulting from the Gold King Mine spill for the fol-
lowing types of otherwise uncompensated financial 
loss: 
(A) An insurance deductible. 
(B) Lost wages or personal income. 
(C) Emergency staffing expenses. 
(D) Debris removal and other cleanup 
costs. 
(E) Any other loss that the Administrator 
determines to be appropriate for inclusion as a 
financial loss. 
SEC. 5. LONG-TERM WATER QUALITY MONITORING PRO-
GRAM; DESIGNATION AS SUPERFUND SITE. 
(a) GOLD KING MINE SPILL RESPONSE PROGRAM.— 
(1) IN
GENERAL.—The Administrator shall 
work with affected States and Indian tribes to de-
velop, fund, and implement a long-term monitoring 
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