[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2063 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2063

 To provide compensation to injured persons relating to the Gold King 
    Mine spill, to amend the Comprehensive Environmental Response, 
   Compensation, and Liability Act of 1980 to address mining-related 
                    issues, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2015

 Mr. Udall (for himself, Mr. Heinrich, and Mr. Bennet) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide compensation to injured persons relating to the Gold King 
    Mine spill, to amend the Comprehensive Environmental 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 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 Recovery Act of 
2015''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) on August 5, 2015, approximately 3,000,000 gallons of 
        contaminated water was discharged from the Gold King Mine north 
        of Silverton, Colorado, into Cement Creek, a tributary of the 
        Animas River, while contractors of the Environmental Protection 
        Agency were conducting an investigation 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, cadmium, cobalt, 
                copper, iron, lead, manganese, mercury, molybdenum, 
                nickel, and zinc; and
                    (B) flowed through the Animas River, the San Juan 
                River, and Lake Powell;
            (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 Mexico, 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 described in paragraph (1).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental 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 contaminated water from the Gold King Mine 
        north of Silverton, Colorado, into Cement Creek that occurred 
        while contractors of the Environmental Protection Agency were 
        conducting an investigation of the Gold King Mine.
            (3) Injured person.--The term ``injured person'' 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, partnership, 
                        company, association, insurer, county, 
                        township, city, State or political subdivision 
                        of a State, school district, ditch company, 
                        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 
                        individual 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 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 office, 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 jurisdiction in 
        which the act or omission occurred.
            (5) Office.--The term ``Office'' means the Office 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 ``Federal 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 paragraph (1) shall have the same 
        effect as acceptance of compensation 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 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 sentence of 
                section 2672 of title 28, United States Code, shall be 
                waived; and
                    (B) the Administrator may provide compensation 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 Office of Gold King Mine 
        Spill Claims.
            (2) Purpose.--The Office shall receive, process, and pay 
        claims in accordance with this section.
            (3) Treatment.--The establishment of the Office 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 Administrator, the head 
        of any Federal department or agency may detail, on a 
        reimbursable basis, any personnel 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 otherwise-uncompensated 
        damages resulting from the Gold King Mine spill for--
                    (A) a cost resulting from lost tribal subsistence 
                from hunting, fishing, firewood gathering, timbering, 
                grazing, or agricultural activities, or from lost use 
                for traditional or ceremonial 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 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 to pay for 
                water supplies or equipment to treat water during the 
                period for which a water supply 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 an injury 
        under this section may include damages resulting from the Gold 
        King Mine spill for the following types of otherwise-
        uncompensated business loss:
                    (A) Damage to tangible assets or inventory.
                    (B) Business interruption losses.
                    (C) Overhead costs.
                    (D) Employee wages for work not performed.
                    (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 following 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 PROGRAM; SENSE OF CONGRESS.

    (a) Gold King Mine Spill Response Program.--
            (1) In general.--The Administrator shall work with affected 
        States and Indian tribes to develop, fund, and implement a 
        long-term monitoring program for water quality of the Animas 
        and San Juan Rivers in response to the Gold King Mine spill.
            (2) Requirement.--The program under paragraph (1) shall 
        provide--
                    (A) full disclosure to the public of applicable 
                water quality and sediment data; and
                    (B) a clear and meaningful comparison between those 
                data and all relevant water quality standards.
    (b) Sense of Congress.--It is the sense of Congress that the 
Administrator should--
            (1) consult with all local communities along the Animas and 
        San Juan Rivers affected by the Gold King Mine spill, the 
        Navajo Nation, the Southern Ute Indian Tribe, and the States of 
        Colorado and New Mexico to determine whether it is appropriate 
        to seek a designation for the Upper Animas River watershed on 
        the National Priorities List under the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.); and
            (2) prioritize the construction of a water treatment plant 
        in the Upper Animas River basin to significantly reduce the 
        ongoing heavy metal discharge into the Animas River from Cement 
        Creek.

SEC. 6. AMENDMENT TO CERCLA.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding 
at the end the following:

``SEC. 129. MINING-RELATED PROVISIONS.

    ``(a) Assessments.--The Administrator, the Secretary of 
Agriculture, and the Secretary of the Interior, in coordination with 
the Governors of affected States, the heads of appropriate research 
universities, and the heads of other relevant Federal departments and 
agencies, shall--
            ``(1) not later than 180 days after the date of enactment 
        of this section, review known, existing abandoned and inactive 
        mines--
                    ``(A) to identify the most dangerous abandoned and 
                inactive mines on public land and private land with 
                respect to the existence of pollution and the potential 
                to release any hazardous substance or other pollutant, 
                particularly with respect to contamination of water; 
                and
                    ``(B) to establish a priority plan for activities 
                for removal and remediation of the hazardous substances 
                and other pollutants;
            ``(2) periodically thereafter, as appropriate, update the 
        priority plan established under paragraph (1)(B) as new 
        information becomes available; and
            ``(3) develop a long term research initiative to evaluate 
        the physical, chemical, and geological attributes of closed, 
        abandoned, and inactive mines and pursue technological 
        developments to aid in the cleanup of those mines.
    ``(b) Actions Prior to Certain Activities.--Before conducting any 
activity at a mine that presents the significant potential for 
accidental discharge of a hazardous substance or other pollutant, the 
Administrator or the head of any other Federal department or agency 
carrying out an activity for mine remediation shall--
            ``(1) provide to each tribal, State, and local unit of 
        government the resources or residents of which may be affected 
        by such a discharge notice regarding the activity; and
            ``(2) develop a spill prevention, control, and 
        countermeasures plan to avoid and mitigate the impacts of such 
        a discharge.''.

SEC. 7. EFFECT OF ACT.

    Nothing in this Act (or an amendment made by this Act) provides for 
compensation of any injured person pursuant to this Act (or an 
amendment made by this Act) from the Hazardous Substances Superfund 
established by section 9507(a) of the Internal Revenue Code of 1986.
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