,,ii #aadth ,,congress #b;d ,session ,s4 #biej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah1 #bjaf ,mr4 ,gardner 7for himself and ,mr4 ,hatch7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to require the ,administrator of the ,environmental ,protection ,agency to receive1 process1 and pay certain claims relating to the ,gold ,king ,mine spill4 #a4 ,short title ,this ,act may be cited as the ,gold ,king ,accountability and ,compensation for ,taxpayers or the ,gold ,king ,,act4 #b4 ,findings ,congress finds that-- 7#a7 on ,august #e1 #bjae1 the ,environmental ,protection ,agency caused the release of approximately #c1jjj1jjj gallons of contaminated water from the ,gold ,king ,mine into ,cement ,creek2 7#b7 the ,environmental ,protection ,agency takes full responsibility for the ,gold ,king ,mine spill2 7#c7 the peer reviewer of the ,corps of ,engineers to the report of the ,department of the ,interior relating to the ,gold ,king ,mine spill expressed concerns about the independent nature of the report and the internal communications and decisions of the ,environmental ,protection ,agency relating to the spill2 7#d7 the ,environmental ,protection ,agency should be held to the same standards as the private sector would be if the private sector caused a similar spill2 7#e7 the ,environmental ,protection ,agency should hold accountable those individuals responsible for the ,gold ,king ,mine spill2 and 7#f7 since response activities took place after ,october #ca1 #bjae1 the ,environmental ,protection ,agency should reimburse requests for response activity expenses incurred after that date4 #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 ,independent contractor ,the term independent contractor means any person1 as of ,august #e1 #bjae1 that-- 7,a7 entered into a contract with a ,federal agency 7as defined in section #bfga of title #bh1 ,united ,states ,code7 for goods or services relating to the ,gold ,king ,mine spill2 and 7,b7 was not an employee of the ,government 7as defined in section #bfga of title #bh1 ,united ,states ,code74 7#d7 ,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 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#e7 ,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 #d4 ,gold ,king ,mine spill claims pursuant to the ,federal ,tort ,claims ,act 7a7 ,responsibilities of the ,administrator 7#a7 ,in general ,an injured person may bring a claim arising out of1 or relating to1 any injury resulting from the ,gold ,king ,mine spill under chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act7 and the ,administrator shall receive1 process1 and pay those claims in accordance with this section4 7#b7 ,timing 7,a7 ,in general ,notwithstanding section #bfge7;a7 of title #bh1 ,united ,states ,code1 not later than #ij days after the date on which an injured person submits to the ,administrator a claim under this section1 the ,administrator shall award or deny the payment of the claim4 7,b7 ,partially paid claims ,in the case of a claim for which1 as of the date of enactment of this ,act1 the ,administrator has partially awarded payment to an injured person1 the ,administrator shall award the remaining payment not later than #fj days after that date of enactment4 7,c7 ,previously filed claims ,in the case of a claim for which1 as of the date of enactment of this ,act1 not fewer than #ij days have passed since the date on which an injured person submitted to the ,administrator a claim under this section1 not later than #fj days after that date of enactment1 the ,administrator shall award or deny payment of the claim4 7b7 ,applicability of other law 7#a7 ,applicability of exception ,section #bfhj7;a7 of title #bh1 ,united ,states ,code1 shall not apply to claims brought under this section4 7#b7 ,independent contractors ,for purposes of a claim brought under this section1 the definition of the term ,federal agency under section #bfga of title #bh1 ,united ,states ,code1 shall be considered to include an independent contractor4 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 or nontribal 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 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 ,lost business income4 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 7d7 ,recoupment for improper payments ,notwithstanding any other provision of law1 during the #ac-year period beginning on the date on which a claim is awarded under this section1 the ,administrator may take such action as is necessary to recover payments made under this section with respect to fraudulent claims and claims made with inaccurate information4 7e7 ,source of payments 7#a7 ,in general ,any compensation or award against the ,government made pursuant to a claim under this section shall be paid by the ,administrator from unobligated balances in the appropriations accounts of the ,environmental ,protection ,agency4 7#b7 ,intent of ,congress ,it is the intent of ,congress that no additional funds be appropriated to carry out this ,act4 #e4 ,gold ,king ,mine spill claims pursuant to the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7a7 ,in general ,the ,administrator shall1 consistent with the national contingency plan1 receive1 process1 and pay under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 claims related to the ,gold ,king ,mine spill4 7b7 ,eligible claims ,the ,administrator shall receive1 process1 and pay under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 claims related to the ,gold ,king ,mine spill that otherwise would be ineligible under that ,act or the national contingency plan if the response action carried out by the claimant is not inconsistent with the national contingency plan as described in section #ajg of that ,act 7#db ,u4,s4,c4 #ifjg74 7c7 ,timing 7#a7 ,in general ,not later than #ij days after the date on which an injured person submits to the ,administrator a claim under this section1 the ,administrator shall award or deny the payment of the claim4 7#b7 ,partially paid claims ,in the case of a claim for which1 as of the date of enactment of this ,act1 the ,administrator has partially awarded payment to an injured person1 the ,administrator shall award the remaining payment not later than #fj days after that date of enactment4 7#c7 ,previously filed claims ,in the case of a claim for which1 as of the date of enactment of this ,act1 not fewer than #ij days have passed since the date on which an injured person submitted to the ,administrator a claim under this section1 not later than #fj days after that date of enactment1 the ,administrator shall award or deny payment of the claim4 #f4 ,effect of ,act2 reduction in payment 7a7 ,effect of ,act ,this ,act does not diminish the ability of the ,administrator to carry out the responsibilities of the ,administrator under any other provision of law4 7b7 ,reduction in payment ,to prevent a claimant from receiving twice the damage award for the same injury or claim-- 7#a7 any compensation or award against the ,government under section #d shall be deducted from any payment awarded against the ,government under section #e2 and 7#b7 any compensation or award against the ,government under section #e shall be deducted from any payment awarded against the ,government under section #d4 #g4 ,water quality program 7a7 ,in general ,in response to the ,gold ,king ,mine spill1 the ,administrator1 in coordination with affected ,states and ,indian tribes1 shall develop and implement a program for long-term water quality monitoring of the ,animas ,river4 7b7 ,requirements ,in carrying out the program described in subsection 7a71 the ,administrator shall-- 7#a7 collect water quality samples and sediment data2 7#b7 provide the public with a means of viewing the samples and data referred to in paragraph 7#a7 by1 at a minimum1 posting the information on the website of the ,administrator2 7#c7 take any other relevant measure necessary to assist affected ,states and ,indian tribes with long-term water monitoring2 and 7#d7 carry out additional program activities1 as determined by the ,administrator4