,,ii #aaith ,,congress #ast ,session ,s4 #efh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ac1 #bjbe,mr4 ,bennet 7for himself and ,mr4 ,hickenlooper7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to authorize compensation to individuals1 organizations1 and companies impacted by the ,gold ,king ,mine wastewater spill of #bjae1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,gold ,king ,mine ,spill ,compensation ,act of #bjbe4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,,bpmd contamination ,the term ,,bpmd contamination means a release or threatened release of hazardous substances that occurred or is occurring on or before the date of enactment of this ,act at or from mining-related sources within the ,bonita ,peak ,mining ,district ,superfund ,site in ,san ,juan ,county1 ,colorado1 ,environmental ,protection ,agency ,docket ,,id ,no4 ,,epa ,,hq-,,olem#bjaf-jaeb1 as published in the final rule of the ,environmental ,protection ,agency entitled ,national ,priorities ,list 7#ha ,fed4 ,reg4 #fbcig 7,september #i1 #bjaf771 including all areas of that site that the ,environmental ,protection ,agency has ever defined or described for purposes of1 or in relation to1 the ,national ,priorities ,list developed by the ,president in accordance with section #aje7;a77#h77;,b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifje7;a77#h77;,b774 7#c7 ,covered claim ,the term covered claim means a written request for monetary compensation of a certain amount under chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act71 submitted to the ,administrator on or before ,august #e1 #bjag1 by an injured person for compensation for covered damages4 7#d7 ,covered damages 7,a7 ,in general ,the term covered damages means any of the following types of adequately documented1 as determined by the ,administrator1 damages suffered by an injured person as a result of the ,gold ,king ,mine spill that is otherwise uncompensated3 7i7 ,injury4 7ii7 ,lost business income incurred during the period beginning on ,august #e1 #bjae1 and ending on ,december #ca1 #bjae1 excluding lost business income from vacation rentals4 7iii7 ,expenses arising from relocating livestock and providing alternative water supplies incurred during the period beginning on ,august #e1 #bjae1 and ending on ,october #ae1 #bjae4 7iv7 ,diminished yield or loss of agricultural crops occurring during the period beginning on ,august #e1 #bjae1 and ending on ,december #ca1 #bjae4 7,b7 ,exclusions ,the term covered damages does not include-- 7i7 costs for response 7as defined in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja772 or 7ii7 emotional distress4 7#e7 ,gold ,king ,mine spill ,the term ,gold ,king ,mine spill means the release1 on ,august #e1 #bjae1 of more than #c1jjj1jjj gallons of acid mine drainage containing heavy metals from the ,gold ,king ,mine located in ,san ,juan ,county1 ,colorado1 into downstream waters1 including the ,animas and ,san ,juan ,rivers1 that occurred during a removal site evaluation by the ,environmental ,protection ,agency4 7#f7 ,injured person 7,a7 ,in general ,subject to subparagraph 7,b71 the term injured person means a homeowner1 a livestock grazer1 a farmer1 or a recreation company or other business-- 7i7 that1 as a result of the ,gold ,king ,mine spill1 suffered covered damages2 7ii7 that has not1 prior to the date of enactment of this ,act1 entered into a settlement agreement with the ,united ,states for any amount exceeding #b1ejj1 or had a judgment entered by any court in any case related to ,,bpmd contamination or the ,gold ,king ,mine spill2 and 7iii7 to which the ,administrator-- 7,i7 denied a covered claim2 or 7,,ii7 did not fully compensate the individual or entity for covered damages described in a covered claim4 7,b7 ,limitations ,the term injured person only includes an individual or entity described in subparagraph 7,a7 that-- 7i7 has1 on or before ,august #e1 #bjag1 submitted a covered claim to the ,administrator2 7ii7 if the entity is a business1 is in operation as of the date of a payment under this ,act2 and 7iii7 if the entity is a business1 does not own a mine or perform any mine-related business4 7#g7 ,injury ,the term injury has the same meaning as the term injury or loss of property1 or personal injury or death as used in section #acdf7;b77#a7 of title #bh1 ,united ,states ,code4 #c4 ,compensation for victims of ,gold ,king ,mine spill 7a7 ,in general ,each injured person shall be entitled to receive from the ,united ,states compensation for covered damages suffered by the injured person as a result of the ,gold ,king ,mine spill4 7b7 ,investigation of claims 7#a7 ,in general ,the ,administrator shall1 on behalf of the ,united ,states1 investigate1 consider1 ascertain1 adjust1 determine1 grant1 deny1 or settle any covered claim for covered damages asserted in the covered claim by an injured person for covered damages suffered as a result of the ,gold ,king ,mine spill4 7#b7 ,applicability of ,state law ,except as otherwise provided in this ,act1 the laws of the ,state of ,colorado shall apply to the calculation of covered damages4 7#c7 ,extent of damages ,any payment under this ,act-- 7,a7 shall be limited to-- 7i7 actual compensatory damages measured by injuries suffered2 and 7ii7 the amount originally claimed by the injured person in the covered claim2 and 7,b7 shall not include-- 7i7 interest before or after settlement or payment of a covered claim2 or 7ii7 punitive damages4 7c7 ,payment of covered claims 7#a7 ,determination required ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall determine and fix the amount1 if any1 to be paid for the covered claim4 7#b7 ,parameters of determination ,in determining and settling a covered claim1 the ,administrator shall determine only-- 7,a7 whether the claimant is an injured person2 7,b7 whether the injury that is the subject of the covered claim resulted from the ,gold ,king ,mine spill2 7,c7 the amount1 if any1 to be allowed and paid under this ,act2 and 7,d7 the person or persons entitled to receive the amount4 7d7 ,acceptance of award ,the acceptance by a claimant of any payment under this ,act shall-- 7#a7 be final and conclusive on the claimant with respect to all covered claims arising out of or relating to the same subject matter2 7#b7 constitute a complete release of all covered claims against the ,united ,states 7including any agency or employee of the ,united ,states7 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 same subject matter2 and 7#c7 include a certification by the claimant1 made under penalty of perjury and subject to the provisions of section #ajja of title #ah1 ,united ,states ,code1 that the covered claim is true and correct4 7e7 ,election of remedy 7#a7 ,in general ,an injured person may elect to seek compensation from the ,united ,states for #a or more injuries resulting from the ,gold ,king ,mine spill by-- 7,a7 pursuing compensation under a covered claim2 7,b7 filing a claim or bringing a civil action under chapter #aga of title #bh1 ,united ,states ,code2 or 7,c7 bringing an authorized civil action under any other provision of law4 7#b7 ,effect of election ,an election by an injured person to seek compensation in any manner described in paragraph 7#a7 shall be final and conclusive on the claimant with respect to all injuries resulting from the ,gold ,king ,mine spill that are suffered by the claimant4 7#c7 ,no effect on entitlements ,nothing in this ,act affects any right of a claimant to file a claim for benefits under any ,federal entitlement program4 7f7 ,judicial review 7#a7 ,in general ,any claimant aggrieved by a final decision of the ,administrator under this ,act may1 not later than #fj days after the date on which the decision is issued1 bring a civil action in the ,united ,states ,district ,court for the ,district of ,colorado1 to modify or set aside the decision1 in whole or in part4 7#b7 ,record ,the court shall hear a civil action under paragraph 7#a7 on the record made before the ,administrator4 7#c7 ,standard ,the decision of the ,administrator incorporating the findings of the ,administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole4 7g7 ,report ,not later than #ij days after the date on which all covered claims have been processed under this ,act1 the ,administrator shall submit to ,congress a report that describes-- 7#a7 the amounts claimed2 7#b7 a brief description of the nature of the covered claims2 and 7#c7 the disposition of the covered claims1 including the amount of any payment under this ,act4 #d4 ,appropriation of funds 7a7 ,in general ,there are appropriated to the ,administrator for fiscal year #bjbe1 out of any amounts in the ,treasury not otherwise appropriated1 such sums as are necessary1 but not to exceed #c1cjj1jjj1 for the payment of claims in accordance with this ,act1 to remain available until expended4 7b7 ,emergency requirement ,the entire amount made available under subsection 7a7 is designated by ,congress as an emergency requirement under section #bea7;b77#b77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a774