[Congressional Record Volume 172, Number 8 (Monday, January 12, 2026)]
[Senate]
[Page S139]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4179. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill H.R. 6938, making consolidated appropriations for the 
fiscal year ending September 30, 2026, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of the matter under the heading ``Environmental 
     Programs and Management'' under the heading ``ENVIRONMENTAL 
     PROTECTION AGENCY'' in title II of division C, add the 
     following:
       In addition, up to $3,300,000 for payment of compensatory 
     damages for adequately documented claims submitted to the 
     Environmental Protection Agency in connection with the August 
     5, 2015, Gold King Mine incident by a homeowner, a livestock 
     grazer, a farmer, or a recreation company or other business 
     for: injury or loss of property, or personal injury or death 
     (as used in section 1346(b)(1) of title 28, United States 
     Code); lost business income during the period beginning on 
     August 5, 2015, and ending on December 31, 2015, excluding 
     vacation rentals and any business that owns a mine or 
     performs any mine-related business; expenses arising from 
     relocating livestock and providing alternative water supplies 
     during the period beginning on August 5, 2015, and ending on 
     December 31, 2015; or lost income from diminished yield or 
     loss of agricultural crops during the period beginning on 
     August 5, 2015, and ending on December 31, 2015:  Provided, 
     That such claim must have been in the form of a written 
     request for monetary compensation of a sum certain submitted 
     to the Environmental Protection Agency on or before August 5, 
     2017:  Provided further, That the Environmental Protection 
     Agency may request additional documentation of claimed 
     damages and may, in its discretion, determine the adequacy of 
     documentation:  Provided further, That payments shall not 
     include costs for response (as defined in section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601)); emotional distress; 
     interest; punitive damages; amounts in excess of the amount 
     requested in the original claim; amounts already paid in 
     satisfaction of a claim; or payments to any claimant who, 
     prior to the date of enactment of this Act, has entered into 
     a settlement agreement with the United States for any amount 
     exceeding $2,500 or has had a judgment entered by any court 
     in any case related to the August 5, 2015, Gold King Mine 
     incident or the Bonita Peak Mining District:  Provided 
     further, That acceptance by a claimant of any payment under 
     this paragraph shall be final and conclusive on the claimant 
     with respect to all claims arising out of or relating to the 
     same subject matter and 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, or any other Federal or State 
     law, arising out of or relating to the same subject matter:  
     Provided further, That no payment under this paragraph shall 
     affect any right of a claimant to file a claim for benefits 
     under any Federal entitlement program:  Provided further, 
     That funds appropriated under this paragraph are designated 
     by Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
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