,i #aaeth ,,congress #ast ,session ,h4 ,r4 #dgce ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjah,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 ,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 provide compensation to persons injured by the ,gold ,king ,mine spill and 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 #bjah4 #b4 ,findings ,congress finds the following3 7#a7 ,on ,august #e1 #bjae1 the ,environmental ,protection ,agency caused a blowout at the ,gold ,king ,mine in ,colorado that released approximately #c million gallons of heavy-metal-laced mine wastewater into the ,animas and ,san ,juan ,rivers4 7#b7 ,in ,october of #bjae1 the ,bureau of ,reclamation issued a report that detailed how the ,environmental ,protection ,agency incorrectly concluded that the water level inside the ,gold ,king mine was only partially full of wastewater and used this conclusion to develop a plan to open the mine in a manner that appeared to guard against blowout1 but instead led directly to that failure4 7#c7 ,on ,january #ac1 #bjag1 the ,environmental ,protection ,agency concluded that the agency was not legally able to pay compensation for the claims relating to the ,gold ,king ,mine spill brought under the ,federal ,tort ,claims ,act4 7#d7 ,on ,august #d1 #bjag1 ,environmental ,protection ,agency ,administrator ,scott ,pruitt announced that the agency will reconsider claims relating to the ,gold ,king ,mine spill4 #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