119-hr1315

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1315 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1315

To authorize compensation to individuals, organizations, and companies 
impacted by the Gold King Mine wastewater spill of 2015, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 13, 2025

Mr. Hurd of Colorado introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
the Budget, 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 authorize compensation to individuals, organizations, and companies 
impacted by the Gold King Mine wastewater spill of 2015, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Gold King Mine Spill Compensation 
Act of 2025''.

SEC. 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.

SEC. 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.

SEC. 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, but not to exceed $3,300,000, 
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) ).
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