Gold King Mine Spill Compensation Act of 2025 · Introduced in House (2025-02-13)

SEC. 2. Definitions

In this Act:

The term Administrator means the Administrator of the Environmental Protection Agency.
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 (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 (). The term 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 (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)
The term covered claim means a written request for monetary compensation of a certain amount under of title 28, United States Code (commonly known as the ), submitted to the Administrator on or before August 5, 2017, by an injured person for compensation for covered damages. The term means a written request for monetary compensation of a certain amount under of title 28, United States Code (commonly known as the ), submitted to the Administrator on or before August 5, 2017, by an injured person for compensation for covered damages. Federal Tort Claims Act chapter 171
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.
The term has the same meaning as the term as used in section 1346(b)(1) of title 28, United States Code. injury,injury or loss of property, or personal injury or death

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.
In general

(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—
  - 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
  - shall not include—
    - (i) interest before or after settlement or payment of a covered claim; or
    - (ii) punitive damages.

(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—
  - whether the claimant is an injured person;
  - whether the injury that is the subject of the covered claim resulted from the Gold King Mine spill;
  - the amount, if any, to be allowed and paid under this Act; and
  - 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—
- be final and conclusive on the claimant with respect to all covered claims arising out of or relating to the same subject matter;
- constitute a complete release of all covered claims against the United States (including any agency or employee of the United States) under of title 28, United States Code (commonly known as the ), or any other Federal or State law, arising out of or relating to the same subject matter; and Federal Tort Claims Act chapter 171
- 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

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)

H.R. 1315

Table of contents

SEC. 1. Short title

SEC. 2. Definitions

SEC. 3. Compensation for victims of Gold King Mine spill

SEC. 4. Appropriation of funds