[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2135 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2135

    To address the liability of the Environmental Protection Agency 
           relating to the Animas and San Juan Rivers spill.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 2015

  Mr. Cotton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To address the liability of the Environmental Protection Agency 
           relating to the Animas and San Juan Rivers spill.

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

SECTION 1. ANIMAS RIVER AND SAN JUAN RIVER SPILL LIABILITY.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Agency;
            (2) the term ``Agency'' means the Environmental Protection 
        Agency;
            (3) the term ``Animas and San Juan Rivers spill'' means the 
        August 2015 release of hazardous or toxic substances into the 
        Animas River and the San Juan River; and
            (4) the term ``Indian tribe'' has the meaning given that 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
    (b) Limitation.--The exception under section 2680(a) of title 28, 
United States Code, shall not apply to any claim brought against the 
Government or any agent thereof relating to any act or omission of, or 
exercise or performance of, or failure to exercise or perform, a 
discretionary function or duty by, the Agency or any agent thereof 
relating to the Animas and San Juan Rivers spill.
    (c) Period of Limitations.--A civil action relating to the conduct 
of the Agency or any agent thereof in relation to the Animas and San 
Juan Rivers spill may not be commenced later than 10 years after the 
cause of action accrues.
    (d) Award and Settlement.--Notwithstanding section 2672 of title 
28, United States Code, any award against the Government or compromise 
settlement by the Government relating to the conduct of the Agency or 
any agent thereof in relation to the Animas and San Juan Rivers spill 
shall be paid by the Administrator out of unobligated balances in the 
appropriations account appropriated under the heading ``Environmental 
Programs and Management'' that are made available for personnel and 
related costs and travel expenses, without regard to the amount of the 
award.
    (e) Spill Response Program.--The Administrator shall work with 
States and Indian tribes affected by the Animas and San Juan Rivers 
spill to develop, fund, and implement a long-term monitoring program 
for water and sediment quality of the Animas River and the San Juan 
River in response to the Animas and San Juan Rivers spill and other 
effects of the spill.
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