Summary#
This bill would let the Environmental Protection Agency (called the Administrator in the bill) review certain past claims and pay money to people and businesses harmed by the Gold King Mine wastewater spill on August 5, 2015. The bill defines who is eligible, what losses can be paid, how claims are decided, and how payments and releases work.
Key points from the bill text:
- The Gold King Mine spill released over 3,000,000 gallons of acid mine drainage with heavy metals into downstream waters on August 5, 2015.
- People or businesses that filed a written Federal Tort Claims Act request to the EPA on or before August 5, 2017 may be "injured persons" if they meet other limits in the bill.
- Covered damages are limited to certain documented, uncompensated losses: physical injury or property injury; lost business income from Aug 5–Dec 31, 2015 (but not vacation rental losses); costs to move livestock and provide alternate water Aug 5–Oct 15, 2015; and reduced or lost crop yields Aug 5–Dec 31, 2015.
- The bill excludes costs defined as response actions under CERCLA and excludes emotional distress.
- The EPA Administrator must investigate and decide on each covered claim, using Colorado law to calculate damages unless the bill says otherwise. Payments are limited to actual compensatory damages and to the amount originally claimed; no interest or punitive damages are allowed.
- If a claimant accepts a payment, that acceptance is final, releases the United States and its employees for those claims, and requires a signed certification under penalty of perjury.
- A claimant can choose to pursue this payment process, file a Federal Tort Claims Act suit, or use another legal remedy, but the claimant’s election is final for those injuries.
- A claimant unhappy with a final Administrator decision may seek review in 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.
- The bill requires the Administrator to report to Congress after all covered claims are processed, describing amounts claimed, the nature of claims, and how claims were resolved.
What it means for you#
- If you filed a covered claim with the EPA by August 5, 2017 and meet the bill’s rules, you may be able to receive payment for certain damages from the 2015 spill.
- Businesses must still be operating when a payment is made and must not be mine owners or mine operators to be eligible.
- If you accept a payment, you give up further legal claims against the United States for the same matter and must sign a truthful certification under penalty of perjury.
- You may choose this administrative route or take other legal action, but once you pick one option it is final for the injuries covered.
- If you disagree with the Administrator’s final decision, you can ask the U.S. District Court in Colorado to review the decision within 60 days.
Expenses#
- The bill authorizes up to $3,300,000 to be appropriated to the EPA Administrator for fiscal year 2025 to pay covered claims, to remain available until expended.
- That appropriation is designated an emergency requirement.
- Payments under the bill are limited to actual compensatory damages and the amounts originally claimed; payments may not include interest, punitive damages, or CERCLA response costs.
Proponents' View#
No publicly available information.
Opponents' View#
No publicly available information.