This bill creates a process to pay certain people and businesses harmed by the Gold King Mine wastewater spill on August 5, 2015. It defines eligible "injured persons" (for example homeowners, livestock grazers, farmers, and recreation or other businesses) and what counts as "covered damages." Covered damages include injury, lost business income from August 5, 2015 to December 31, 2015 (excluding vacation rentals), expenses to relocate livestock and provide alternate water from August 5, 2015 to October 15, 2015, and reduced or lost crop yields from August 5, 2015 to December 31, 2015. The bill excludes cleanup response costs and emotional distress. To be eligible a claimant must have filed a written claim with the EPA by August 5, 2017, must not have previously settled with the United States for more than $2,500 or had a related court judgment, and must have had an EPA denial or partial payment. Businesses must be operating when paid and must not own a mine or do mine-related business.
The EPA Administrator will investigate and decide covered claims on behalf of the United States and must determine each claim within 180 days of the law taking effect. Payments are limited to actual compensatory damages up to the amount the claimant originally requested; they may not include interest or punitive damages. If a claimant accepts payment, that acceptance is final, releases the United States from further claims about the same matter, and requires a signed certification under penalty of perjury. A claimant may instead choose to pursue a Federal Tort Claims Act claim or other legal action, but that choice is final. A claimant unhappy with a final Administrator decision may file suit in the U.S. District Court for the District of Colorado within 60 days; the court reviews the Administrator's record and upholds decisions supported by substantial evidence. After all claims are processed, the Administrator must report to Congress on amounts claimed, claim types, and how claims were resolved.
If you submitted a written claim to the EPA by August 5, 2017 and meet the bill's definitions, you may be eligible for payment for certain damages from the 2015 spill. If you accept any payment, you give up the right to pursue the same covered claims against the United States and must certify the claim is true. Businesses must be operating when payments are made and cannot be mine owners or mine-related businesses. Decisions are to be made within 180 days and can be challenged in Colorado federal court within 60 days after a final decision.
The bill authorizes an appropriation of up to $3,300,000 to the EPA for fiscal year 2025 to pay claims. That amount is designated as an emergency requirement. No publicly available information on whether the appropriation will cover all eligible claims or on other fiscal effects beyond the stated appropriation.
No publicly available information in the bill text or metadata describes proponents' arguments or statements.
No publicly available information in the bill text or metadata describes opponents' arguments or statements.