,i #aadth ,,congress #ast ,session ,h4 ,r4 #cfjb ,,in ,,the ,,house ,,of ,,representatives ,september #bd1 #bjae ,mr4 ,ben ,ray ,lujn of ,new ,mexico 7for himself1 ,ms4 ,michelle ,lujan ,grisham of ,new ,mexico1 ,mr4 ,polis1 ,mr4 ,perlmutter1 and ,ms4 ,de,gette7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on the ,judiciary and ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide compensation to injured persons relating to the ,gold ,king ,mine spill1 to amend the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj to address mining-related issues1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,gold ,king ,mine ,spill ,recovery ,act of #bjae4 #b4 ,findings ,congress finds that-- 7#a7 on ,august #e1 #bjae1 approximately #c1jjj1jjj gallons of contaminated water was discharged from the ,gold ,king ,mine north of ,silverton1 ,colorado1 into ,cement ,creek1 a tributary of the ,animas ,river1 while contractors of the ,environmental ,protection ,agency were conducting an investigation of the mine-- 7,a7 to assess the ongoing water releases from the mine2 7,b7 to treat mine water2 and 7,c7 to assess the feasibility of further mine remediation2 7#b7 the plume of contaminated water resulting from the discharge described in paragraph 7#a7-- 7,a7 was found to contain high levels of heavy metals1 including aluminum1 arsenic1 cadmium1 cobalt1 copper1 iron1 lead1 manganese1 mercury1 molybdenum1 nickel1 and zinc2 and 7,b7 flowed through the ,animas ,river1 the ,san ,juan ,river1 and ,lake ,powell2 7#c7 as of the date of enactment of this ,act1 with respect to the discharge described in paragraph 7#a7-- 7,a7 state of emergency declarations have been made by-- 7i7 the ,states of ,colorado1 ,new ,mexico1 and ,utah2 and 7ii7 the ,navajo ,nation2 and 7,b7 a declaration of disaster has been issued by the ,southern ,ute ,indian ,tribe2 and 7#d7 on ,august #aa1 #bjae1 ,administrator of the ,environmental ,protection ,agency ,gina ,mc,carthy stated that the ,environmental ,protection ,agency will take full responsibility for the discharge described in paragraph 7#a74 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,gold ,king ,mine spill ,the term ,gold ,king ,mine spill means the discharge on ,august #e1 #bjae1 of approximately #c1jjj1jjj gallons of contaminated water from the ,gold ,king ,mine north of ,silverton1 ,colorado1 into ,cement ,creek that occurred while contractors of the ,environmental ,protection ,agency were conducting an investigation of the ,gold ,king ,mine4 7#c7 ,injured person ,the term injured person means a person that-- 7,a7 suffered injury resulting from the ,gold ,king ,mine spill2 and 7,b7 is-- 7i7 an individual1 regardless of the citizenship or alien status of the individual2 7ii7 an ,indian tribe1 tribal corporation1 or other tribal organization2 7iii7 a corporation1 business1 partnership1 company1 association1 insurer1 county1 township1 city1 ,state or political subdivision of a ,state1 school district1 ditch company1 special district1 water district1 water company1 the ,animas-,la ,plata ,operation1 ,maintenance and ,replacement ,association1 or other non-,federal entity2 or 7iv7 a legal representative of an individual or entity described in any of clauses 7i7 through 7iii74 7#d7 ,injury ,the term injury means any damage to1 or loss of1 property1 or a personal injury or death1 caused by a negligent or wrongful act or omission of a ,federal officer1 employee1 contractor1 or subcontractor while acting within the scope of office1 employment1 or contract1 under circumstances in which the ,federal officer1 employee1 contractor1 or subcontractor1 if a private person1 would be liable to the claimant in accordance with the law of the jurisdiction in which the act or omission occurred4 7#e7 ,office ,the term ,office means the ,office of ,gold ,king ,mine ,spill ,claims established by section #d7;b77#a74 #d4 ,compensation for victims of ,gold ,king ,mine spill 7a7 ,federal tort claims 7#a7 ,in general ,subject to paragraph 7#d71 each injured person shall be entitled to receive from the ,united ,states compensation for a claim filed1 or civil action brought1 under chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act71 arising out of or relating to an injury resulting from the ,gold ,king ,mine spill4 7#b7 ,effect of acceptance ,the acceptance by an injured person of compensation under paragraph 7#a7 shall have the same effect as acceptance of compensation under chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act71 or any other ,federal or ,state law1 arising out of or relating to the ,gold ,king ,mine spill4 7#c7 ,requirement ,the ,administrator and the ,attorney ,general shall process a claim filed1 or civil action brought1 pursuant to paragraph 7#a7 as expeditiously as practicable4 7#d7 ,nonapplicability of limitation ,with respect to any claim under this ,act arising out of1 or relating to1 an injury resulting from the ,gold ,king ,mine spill-- 7,a7 the maximum amount limitation on claims described in the proviso of the first sentence of section #bfgb of title #bh1 ,united ,states ,code1 shall be waived2 and 7,b7 the ,administrator may provide compensation for the claim in an amount greater than #be1jjj without prior written approval of the ,attorney ,general 7or a designee71 as the ,administrator determines to be appropriate4 7b7 ,office of ,gold ,king ,mine ,spill ,claims 7#a7 ,establishment ,there is established within the ,environmental ,protection ,agency an ,office of ,gold ,king ,mine ,spill ,claims4 7#b7 ,purpose ,the ,office shall receive1 process1 and pay claims in accordance with this section4 7#c7 ,treatment ,the establishment of the ,office by this subsection shall not diminish the ability of the ,administrator to carry out the responsibilities of the ,environmental ,protection ,agency under any other provision of law4 7#d7 ,detailees ,on request of the ,administrator1 the head of any ,federal department or agency may detail1 on a reimbursable basis1 any personnel of that department or agency to the ,office to assist in carrying out the duties under this ,act4 7c7 ,allowable damages 7#a7 ,property loss ,a claim that is paid for loss of property under this section may include otherwise-uncompensated damages resulting from the ,gold ,king ,mine spill for-- 7,a7 a cost resulting from lost tribal subsistence from hunting1 fishing1 firewood gathering1 timbering1 grazing1 or agricultural activities1 or from lost use for traditional or ceremonial uses1 conducted on land or water damaged by the ,gold ,king ,mine spill2 7,b7 a cost of reforestation or revegetation on tribal or non-,federal land1 to the extent that the cost of reforestation or revegetation is not covered by any other ,federal program2 7,c7 any costs borne by any injured person to determine the extent of-- 7i7 the damages to agricultural land2 or 7ii7 any other damages covered by this ,act2 7,d7 any costs borne by an injured person who had to pay for water supplies or equipment to treat water during the period for which a water supply of the injured person was compromised by the ,gold ,king ,mine spill2 and 7,e7 any other loss that the ,administrator determines to be appropriate for inclusion as loss of property4 7#b7 ,business loss ,a claim that is paid for an injury under this section may include damages resulting from the ,gold ,king ,mine spill for the following types of otherwise uncompensated business loss3 7,a7 ,damage to tangible assets or inventory4 7,b7 ,business interruption losses4 7,c7 ,overhead costs4 7,d7 ,employee wages for work not performed4 7,e7 ,any other loss that the ,administrator determines to be appropriate for inclusion as a business loss4 7#c7 ,financial loss ,a claim that is paid for an injury under this section may include damages resulting from the ,gold ,king ,mine spill for the following types of otherwise uncompensated financial loss3 7,a7 ,an insurance deductible4 7,b7 ,lost wages or personal income4 7,c7 ,emergency staffing expenses4 7,d7 ,debris removal and other cleanup costs4 7,e7 ,any other loss that the ,administrator determines to be appropriate for inclusion as a financial loss4 #e4 ,long-term water quality monitoring program2 designation as ,superfund site 7a7 ,gold ,king ,mine ,spill ,response ,program 7#a7 ,in general ,the ,administrator shall work with affected ,states and ,indian tribes to develop1 fund1 and implement a long-term monitoring program for water quality of the ,animas and ,san ,juan ,rivers in response to the ,gold ,king ,mine spill4 7#b7 ,requirement ,the program under paragraph 7#a7 shall provide-- 7,a7 full disclosure to the public of applicable water quality and sediment data2 and 7,b7 a clear and meaningful comparison between those data and all relevant water quality standards4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,administrator should-- 7#a7 consult with all local communities along the ,animas and ,san ,juan ,rivers affected by the ,gold ,king ,mine spill1 the ,navajo ,nation1 the ,southern ,ute ,indian ,tribe1 and the ,states of ,colorado and ,new ,mexico to determine whether it is appropriate to seek a designation for the ,upper ,animas ,river watershed on the ,national ,priorities ,list under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 and 7#b7 prioritize the construction of a water treatment plant in the ,upper ,animas ,river basin to significantly reduce the ongoing heavy metal discharge into the ,animas ,river from ,cement ,creek4 #f4 ,amendment to ,,cercla ,title ,i of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 is amended by adding at the end the following3 #abi4 ,mining-related provisions 7a7 ,assessments ,the ,administrator1 the ,secretary of ,agriculture1 and the ,secretary of the ,interior1 in coordination with the ,governors of affected ,states1 the heads of appropriate research universities1 and the heads of other relevant ,federal departments and agencies1 shall-- 7#a7 not later than #ahj days after the date of enactment of this section1 review known1 existing abandoned and inactive mines-- 7,a7 to identify the most dangerous abandoned and inactive mines on public land and private land with respect to the existence of pollution and the potential to release any hazardous substance or other pollutant1 particularly with respect to contamination of water2 and 7,b7 to establish a priority plan for activities for removal and remediation of the hazardous substances and other pollutants2 7#b7 periodically thereafter1 as appropriate1 update the priority plan established under paragraph 7#a77;,b7 as new information becomes available2 and 7#c7 develop a long-term research initiative to evaluate the physical1 chemical1 and geological attributes of closed1 abandoned1 and inactive mines and pursue technological developments to aid in the cleanup of such mines4 7b7 ,actions prior to certain activities ,before conducting any activity at a mine that presents the significant potential for accidental discharge of a hazardous substance or other pollutant1 the ,administrator or the head of any other ,federal department or agency carrying out an activity for mine remediation shall-- 7#a7 provide to each tribal1 ,state1 and local unit of government the resources or residents of which may be affected by such a discharge notice regarding the activity2 and 7#b7 develop a spill prevention1 control1 and countermeasures plan to avoid and mitigate the impacts of such a discharge4 4 #g4 ,effect of ,act ,nothing in this ,act 7or an amendment made by this ,act7 provides for compensation of any injured person pursuant to this ,act 7or an amendment made by this ,act7 from the ,hazardous ,substances ,superfund established by section #iejg7;a7 of the ,internal ,revenue ,code of #aihf4