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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees 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 com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gold King Mine Spill 
Accountability Act of 2018’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) On August 5, 2015, the Environmental Pro-
tection Agency caused a blowout at the Gold King 
Mine in Colorado that released approximately 3 mil-
lion gallons of heavy-metal-laced mine wastewater 
into the Animas and San Juan Rivers. 
(2) In October of 2015, the Bureau of Rec-
lamation issued a report that detailed how the Envi-
ronmental Protection Agency ‘‘incorrectly con-
cluded’’ that the water level inside the Gold King 
mine was only partially full of wastewater and used 
this conclusion to develop a ‘‘plan to open the mine 
in a manner that appeared to guard against blowout, 
but instead led directly to that failure’’. 
(3) On January 13, 2017, the Environmental 
Protection Agency concluded that the agency was 
not legally able to pay compensation for the claims 
relating to the Gold King Mine spill brought under 
the Federal Tort Claims Act. 
(4) On August 4, 2017, Environmental Protec-
tion Agency Administrator Scott Pruitt announced 
that the agency will reconsider claims relating to the 
Gold King Mine spill. 
SEC. 3. COMPENSATION FOR VICTIMS OF GOLD KING MINE 
SPILL. 
(a) FEDERAL TORT CLAIMS.— 
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(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 
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 
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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— 
(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 
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(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. 
(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; 
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(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-
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: 
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(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 
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; 
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(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). 
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. 
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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— 
(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-
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