II 118th CONGRESS 2d Session S. 5192 IN THE SENATE OF THE UNITED STATES September 25, 2024 Mr. Bennet (for himself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize compensation to individuals, organizations, and companies impacted by the Gold King Mine wastewater spill of 2015, and for other purposes.

1. Short title This Act may be cited as the Gold King Mine Spill Compensation Act of 2024 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) BPMD contamination The term BPMD contamination means a release or threatened 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 Protection Agency Docket ID No. EPA HQ–OLEM2016–0152, as published in the final rule of the Environmental Protection Agency entitled National Priorities List (81 Fed. Reg. 62397 (September 9, 2016)), including all areas of that site that the Environmental Protection Agency has ever defined or described for purposes of, or in relation to, the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive 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 compensation of a certain amount under chapter 171 of 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 damages. (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 vacation rentals. (iii) Expenses arising from relocating livestock and providing alternative water supplies incurred during the period beginning on August 5, 2015, and ending on October 15, 2015. (iv) Diminished yield or loss of agricultural crops occurring during the period 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 Environmental Response, Compensation, and Liability 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 subparagraph (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; (ii) that has not, prior to the date of enactment of this Act, entered into a settlement 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 damages described in a covered claim. (B) Limitations The term injured person only includes an individual or entity described in subparagraph (A) that— (i) has, on or before August 5, 2017, submitted a covered claim to the Administrator; (ii) if the entity is a business, is in operation 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-related business. (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. 3. Compensation for victims of Gold King Mine spill (a) In general Each injured person shall be entitled 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, ascertain, adjust, determine, grant, deny, or settle any covered claim for covered damages asserted in the covered claim by an injured person for covered damages 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— (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 determining and settling a covered claim, the Administrator shall determine only— (A) whether the claimant is an injured person; (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 (D) the person or persons entitled to receive 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 relating 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 (commonly known as the Federal Tort Claims Act ), or any other Federal or State law, arising out of or relating 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 covered claim; (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 conclusive on the claimant with respect to all injuries resulting from the Gold King Mine spill that are suffered 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 Colorado, to modify or set aside the decision, in whole or in part. (2) Record The court shall hear a civil action under paragraph (1) on the record made before the Administrator. (3) Standard The decision of the Administrator incorporating the findings of the Administrator 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 covered claims; and (3) the disposition of the covered claims, including the amount of any payment under this Act. 4. Appropriation of funds (a) In general There are appropriated to the Administrator for fiscal year 2025, out of any amounts in the Treasury not otherwise appropriated, such sums as are necessary for the payment of claims in accordance with this Act, to remain available until expended. (b) Emergency requirement The entire amount made available under subsection (a) is designated by Congress 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) ).