This legislation aims to provide financial relief to individuals, organizations, and companies adversely affected by the 2015 Gold King Mine wastewater spill. It empowers the Environmental Protection Agency (EPA) Administrator to investigate and settle eligible claims for specific damages. The bill establishes a clear framework for determining who qualifies as an "injured person" and what constitutes "covered damages." "Covered damages" are precisely defined, encompassing: injury; lost business income from August 5 to December 31, 2015 (excluding vacation rentals); expenses for livestock relocation and alternative water supplies from August 5 to October 15, 2015; and diminished agricultural crop yields during the latter half of 2015. Importantly, the bill explicitly excludes costs for environmental response and emotional distress from compensation. An "injured person" must have submitted a claim by August 5, 2017, not previously settled for over $2,500, and had their claim denied or under-compensated by the Administrator. The EPA Administrator is tasked with investigating, adjusting, and settling these covered claims within 180 days of the Act's enactment, applying Colorado state law for damage calculation where applicable. Compensation is limited to actual compensatory damages and the amount originally claimed, explicitly excluding interest or punitive damages. Acceptance of any payment under this Act serves as a final release of all related claims against the United States. Claimants have the option to pursue compensation under this Act, the Federal Tort Claims Act, or other civil actions, with their chosen election being final. The bill also provides for judicial review in the U.S. District Court for the District of Colorado for claimants aggrieved by the Administrator's final decision. To fund these payments, the Act appropriates up to $3,300,000 for fiscal year 2025, designating it as an emergency requirement.
This legislation aims to provide financial relief to individuals, organizations, and companies adversely affected by the 2015 Gold King Mine wastewater spill. It empowers the Environmental Protection Agency (EPA) Administrator to investigate and settle eligible claims for specific damages. The bill establishes a clear framework for determining who qualifies as an "injured person" and what constitutes "covered damages." "Covered damages" are precisely defined, encompassing: injury; lost business income from August 5 to December 31, 2015 (excluding vacation rentals); expenses for livestock relocation and alternative water supplies from August 5 to October 15, 2015; and diminished agricultural crop yields during the latter half of 2015. Importantly, the bill explicitly excludes costs for environmental response and emotional distress from compensation. An "injured person" must have submitted a claim by August 5, 2017, not previously settled for over $2,500, and had their claim denied or under-compensated by the Administrator. The EPA Administrator is tasked with investigating, adjusting, and settling these covered claims within 180 days of the Act's enactment, applying Colorado state law for damage calculation where applicable. Compensation is limited to actual compensatory damages and the amount originally claimed, explicitly excluding interest or punitive damages. Acceptance of any payment under this Act serves as a final release of all related claims against the United States. Claimants have the option to pursue compensation under this Act, the Federal Tort Claims Act, or other civil actions, with their chosen election being final. The bill also provides for judicial review in the U.S. District Court for the District of Colorado for claimants aggrieved by the Administrator's final decision. To fund these payments, the Act appropriates up to $3,300,000 for fiscal year 2025, designating it as an emergency requirement.