,i #aadth ,,congress #b;d ,session ,h4 ,r4 #ddhc ,,in ,,the ,,house ,,of ,,representatives ,february #d1 #bjaf ,mr4 ,pearce introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on the ,judiciary1 ,rules1 ,energy and ,commerce1 and ,agriculture1 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 appoint a special investigator to determine the role of the ,environmental ,protection ,agency in the ,gold ,king ,mine spill and its downstream environmental effects1 provide compensation to injured persons1 fund certain long-term water quality monitoring programs1 and for other purposes4 #a4 ,short ,title ,this ,act may be cited as the ,gold ,king ,mine ,spill ,accountability ,act of #bjaf4 #b4 ,special ,investigation of ,environmental ,protection ,agency ,role in ,gold ,king ,mine ,spill 7a7 ,appointment ,not later than #cj days after the date of enactment of this ,act1 the ,attorney ,general shall appoint a special investigator1 dedicated full time1 to conduct an investigation in order to determine-- 7#a7 who was at fault for the ,gold ,king ,mine spill2 7#b7 which individuals were responsible for the decisions that led to the spill2 and 7#c7 what downstream environmental effects were caused by the actions of the ,environmental ,protection ,agency1 or the ,environmental ,protection ,agency's failure to take action1 after the ,gold ,king ,mine spill4 7b7 ,compensation from ,environmental ,protection ,agency ,the special investigator shall be compensated for expenses incurred in the course of conducting the investigation under subsection 7a7 by amounts provided in advance in appropriation ,acts to the ,administrator4 ,the special investigator shall be paid at a rate not to exceed the rate of basic pay for ,,gs-#ad of the ,general ,schedule4 ,if the special investigator is a full-time officer or employee of the ,united ,states1 the special investigator may not receive additional pay1 allowances1 or benefits by reason of his or her service as a special investigator under this section4 7c7 ,authorities of special investigator 7#a7 ,staff ,the special investigator may appoint and fix the pay of additional personnel as the special investigator considers appropriate4 ,staff members appointed by the special investigator under this paragraph who are full-time officers or employees of the ,united ,states may not receive additional pay1 allowances1 or benefits by reason of their service to the special investigator4 7#b7 ,staff of ,federal agencies ,upon the request of the special investigator1 the head of any ,federal department or agency may detail any of the personnel of that department or agency to assist the special investigator in carrying out his or her duties under this section4 7#c7 ,obtaining official data ,the special investigator may secure directly from any department or agency of the ,united ,states information necessary to enable the special investigator to carry out this section4 ,upon the request of the special investigator1 the head of that department or agency shall furnish that information to the special investigator4 7#d7 ,subpoena ,power 7,a7 ,in general ,the special investigator may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter that the special investigator is empowered to investigate under this section4 ,the attendance of witnesses and the production of evidence may be required from any place within the ,united ,states at any designated place of hearing within the ,united ,states4 7,b7 ,failure to obey a subpoena ,if a person refuses to obey a subpoena issued under subparagraph 7,a71 the special investigator may apply to a ,united ,states district court for an order requiring that person to appear before the special investigator to give testimony1 produce evidence1 or both1 relating to the matter under investigation4 ,the application may be made within the judicial district where the hearing is conducted or where that person is found1 resides1 or transacts business4 ,any failure to obey the order of the court may be punished by the court as civil contempt4 7,c7 ,service of subpoenas ,the subpoenas of the special investigator shall be served in the manner provided for subpoenas issued by a ,united ,states district court under the ,federal ,rules of ,civil ,procedure for the ,united ,states district courts4 7,d7 ,service of process ,all process of any court to which application is made under subparagraph 7,b7 may be served in the judicial district in which the person required to be served resides or may be found4 7d7 ,report of ,findings and ,conclusions to ,congress 7#a7 ,report of findings ,not later than #ahj days after the date on which the special investigator is appointed1 the special investigator shall submit to ,congress a report containing the results of the investigation under subsection 7a74 7#b7 ,report of ,,gao audit ,not later than #ahj days after the date on which a report is submitted under paragraph 7#a71 the ,comptroller ,general shall submit to ,congress a report containing the results of an audit of the investigation1 to determine whether-- 7,a7 the investigator appointed had any conflict of interest relating to the subject matter of the investigation or with the ,environmental ,protection ,agency2 and 7,b7 the findings are based on substantiated scientific evidence1 as applicable4 7#c7 ,recipients 7,a7 ,the ,speaker of the ,house of ,representatives shall refer the reports submitted under paragraphs 7#a7 and 7#b7 to the following3 7i7 ,the ,committees on ,science1 ,space1 and ,technology1 ,natural ,resources1 and ,oversight and ,government ,reform of the ,house of ,representatives4 7ii7 ,each ,member of the ,house of ,representatives representing a district that includes the ,animas and ,san ,juan ,river watersheds or any affected area downstream of the ,gold ,king ,mine4 7,b7 ,the ,president pro tempore of the ,senate shall refer the reports submitted under paragraphs 7#a7 and 7#b7 to the following3 7i7 ,the ,committees on ,energy and ,natural ,resources and ,environment and ,public ,works of the ,senate4 7ii7 ,each ,member of the ,senate representing a ,state that includes the ,animas and ,san ,juan ,river watersheds or any affected area downstream of the ,gold ,king ,mine4 7e7 ,termination ,the authority of the special investigator shall terminate upon submission of the report under subsection 7d77#a74 #c4 ,compensation for ,victims of ,gold ,king ,mine ,spill 7a7 ,federal tort claims 7#a7 ,in general ,subject to paragraph 7#b71 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 ,nonapplicability of limitation ,notwithstanding section #bfgb of title #bh1 ,united ,states ,code1 the ,administrator may provide compensation for a claim under this section 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 ,claims1 in this subsection referred to as the ,office4 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 ,upon the 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 this section4 7c7 ,allowable damages 7#a7 ,property loss ,a claim that is paid for loss of property under this section may include damages resulting from the ,gold ,king ,mine spill for-- 7,a7 any 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 using water damaged by the ,gold ,king ,mine spill2 7,b7 any 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 section2 7,d7 any costs borne by an injured person 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 a business loss under this section may include damages resulting from the ,gold ,king ,mine spill for-- 7,a7 damage to tangible assets or inventory2 7,b7 business interruption losses2 7,c7 overhead costs2 7,d7 employee wages for work not performed2 and 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 a financial loss under this section may include damages resulting from the ,gold ,king ,mine spill for-- 7,a7 an insurance deductible2 7,b7 lost wages or personal income2 7,c7 emergency staffing expenses2 7,d7 debris removal and other cleanup costs2 and 7,e7 any other loss that the ,administrator determines to be appropriate for inclusion as a financial loss4 7#d7 ,non-limitation ,the losses described in paragraphs 7#a7 through 7#c7 do not limit any compensation that is otherwise available under chapter #aga of title #bh1 ,united ,states ,code4 7d7 ,compensation 7#a7 ,in general ,any claim for damages compensated under this section during a fiscal year shall be paid from unobligated funds appropriated to the ,environmental ,protection ,agency for that fiscal year4 7#b7 ,rollover ,to the extent that a claim exceeds the amount of unobligated funds available in that fiscal year1 the remainder of the claim shall be paid from unobligated funds in the first subsequent fiscal year in which sufficient unobligated funds are available to satisfy such remainder4 7e7 ,definitions ,in this section3 7#a7 ,injured person ,the term injured person means a person who suffered injury resulting from the ,gold ,king ,mine spill4 7#b7 ,injury ,the term injury includes any injury for which compensation may be provided under chapter #aga of title #bh1 ,united ,states ,code1 that is 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#c7 ,person ,the term person means a person who is eligible to bring a claim under chapter #aga of title #bh1 ,united ,states ,code1 and may include-- 7,a7 an individual2 7,b7 an ,indian tribe1 tribal corporation1 or other tribal organization2 7,c7 a non-,federal entity1 including a corporation1 business1 partnership1 company1 association1 insurer1 ditch company1 water district1 and water company2 7,d7 a ,state or political subdivision of a ,state1 including a county1 township1 city1 school district1 and special district2 7,e7 the ,animas-,la ,plata ,operation1 ,maintenance1 and ,replacement ,association2 or 7,f7 a legal representative of an individual or entity described in any of subparagraphs 7,a7 through 7,e74 #d4 ,gold ,king ,mine ,spill response program 7a7 ,in general ,subject to the requirements of subsection 7b71 the ,administrator shall fund the implementation of the long-term monitoring program developed by the ,long-,term ,impact ,review ,team of the ,state of ,new ,mexico for the water quality of the ,animas and ,san ,juan ,rivers4 7b7 ,requirements ,in order to be funded by the ,administrator under subsection 7a71 the long-term monitoring program shall-- 7#a7 provide full disclosure to the public of applicable water quality and sediment data2 7#b7 enable clear and meaningful comparison between those data and all relevant water quality standards2 and 7#c7 meet such other conditions as the ,administrator may require to administer the program4 #e4 ,prohibition of ,rule making 7a7 ,in general ,except as provided under subsection 7b71 the ,administrator may not finalize a rule or engage in a rule making 7as such terms are defined in section #eea of title #e1 ,united ,states ,code7 until all claims processed under section #c have been paid in full1 as applicable4 7b7 ,exceptions ,the prohibition under subsection 7a7 shall not apply with respect to-- 7#a7 such rules as may be required in order to implement this ,act2 and 7#b7 any rule that the ,administrator determines necessary to address an imminent threat to public health or safety1 or other emergency4 #f4 ,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