text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Gold King Mine Spill Recovery Act of 
  2015''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) on August 5, 2015, approximately 3,000,000 gallons of 
          contaminated water was discharged from the Gold King Mine north 
          of Silverton, Colorado, into Cement Creek, a tributary of the 
          Animas River, while contractors of the Environmental Protection 
          Agency were conducting an investigation of the mine--
                      (A) to assess the ongoing water releases from the 
                  mine;
                      (B) to treat mine water; and
                      (C) to assess the feasibility of further mine 
                  remediation;
              (2) the plume of contaminated water resulting from the 
          discharge described in paragraph (1)--
                      (A) was found to contain high levels of heavy 
                  metals, including aluminum, arsenic, cadmium, cobalt, 
                  copper, iron, lead, manganese, mercury, molybdenum, 
                  nickel, and zinc; and
                      (B) flowed through the Animas River, the San Juan 
                  River, and Lake Powell;
              (3) as of the date of enactment of this Act, with respect 
          to the discharge described in paragraph (1)--
                      (A) state of emergency declarations have been made 
                  by--
                              (i) the States of Colorado, New Mexico, and 
                          Utah; and
                              (ii) the Navajo Nation; and
                      (B) a declaration of disaster has been issued by 
                  the Southern Ute Indian Tribe; and
              (4) on August 11, 2015, Administrator of the Environmental 
          Protection Agency Gina McCarthy stated that the Environmental 
          Protection Agency will take full responsibility for the 
          discharge described in paragraph (1).
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) Administrator.--The term ``Administrator'' means the 
          Administrator of the Environmental Protection Agency.
              (2) Gold king mine spill.--The term ``Gold King Mine 
          spill'' means the discharge on August 5, 2015, of approximately 
          3,000,000 gallons of contaminated water from the Gold King Mine 
          north of Silverton, Colorado, into Cement Creek that occurred 
          while contractors of the Environmental Protection Agency were 
          conducting an investigation of the Gold King Mine.
              (3) Injured person.--The term ``injured person'' means a 
          person that--
                      (A) suffered injury resulting from the Gold King 
                  Mine spill; and
                      (B) is--
                              (i) an individual, regardless of the 
                          citizenship or alien status of the individual;
                              (ii) an Indian tribe, tribal corporation, 
                          or other tribal organization;
                              (iii) a corporation, business, partnership, 
                          company, association, insurer, county, 
                          township, city, State or political subdivision 
                          of a State, school district, ditch company, 
                          special district, water district, water 
                          company, the Animas-La Plata Operation, 
                          Maintenance and Replacement Association, or 
                          other non-Federal entity; or
                              (iv) a legal representative of an 
                          individual or entity described in any of 
                          clauses (i) through (iii).
              (4) Injury.--The term ``injury'' means any damage to, or 
          loss of, property, or a personal injury or death, caused by a 
          negligent or wrongful act or omission of a Federal officer, 
          employee, contractor, or subcontractor while acting within the 
          scope of office, employment, or contract, under circumstances 
          in which the Federal officer, employee, contractor, or 
          subcontractor, if a private person, would be liable to the 
          claimant in accordance with the law of the jurisdiction in 
          which the act or omission occurred.
              (5) Office.--The term ``Office'' means the Office of Gold 
          King Mine Spill Claims established by section 4(b)(1).
  
  SEC. 4. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL.
  
      (a) Federal Tort Claims.--
              (1) In general.--Subject to paragraph (4), each injured 
          person shall be entitled to receive from the United States 
          compensation for a claim filed, or civil action brought, under 
          chapter 171 of title 28, United States Code (commonly known as 
          the ``Federal Tort Claims Act''), arising out of or relating to 
          an injury resulting from the Gold King Mine spill.
              (2) Effect of acceptance.--The acceptance by an injured 
          person of compensation under paragraph (1) shall have the same 
          effect as acceptance of compensation under chapter 171 of title 
          28, United States Code (commonly known as the ``Federal Tort 
          Claims Act''), or any other Federal or State law, arising out 
          of or relating to the Gold King Mine spill.
              (3) Requirement.--The Administrator and the Attorney 
          General shall process a claim filed, or civil action brought, 
          pursuant to paragraph (1) as expeditiously as practicable.
              (4) Nonapplicability of limitation.--With respect to any 
          claim under this Act arising out of, or relating to, an injury 
          resulting from the Gold King Mine spill--
                      (A) the maximum amount limitation on claims 
                  described in the proviso of the first sentence of 
                  section 2672 of title 28, United States Code, shall be 
                  waived; and
                      (B) the Administrator may provide compensation for 
                  the claim in an amount greater than $25,000 without 
                  prior written approval of the Attorney General (or a 
                  designee), as the Administrator determines to be 
                  appropriate.
      (b) Office of Gold King Mine Spill Claims.--
              (1) Establishment.--There is established within the 
          Environmental Protection Agency an Office of Gold King Mine 
          Spill Claims.
              (2) Purpose.--The Office shall receive, process, and pay 
          claims in accordance with this section.
              (3) 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 law.
              (4) Detailees.--On request of the Administrator, the head 
          of any Federal department or agency may detail, on a 
          reimbursable basis, any personnel of that department or agency 
          to the Office to assist in carrying out the duties under this 
          Act.
      (c) Allowable Damages.--
              (1) 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--
                      (A) a cost resulting from lost tribal subsistence 
                  from hunting, fishing, firewood gathering, timbering, 
                  grazing, or agricultural activities, or from lost use 
                  for traditional or ceremonial uses, conducted on land 
                  or water damaged by the Gold King Mine spill;
                      (B) a cost of reforestation or revegetation on 
                  tribal or non-Federal land, to the extent that the cost 
                  of reforestation or revegetation is not covered by any 
                  other Federal program;
                      (C) any costs borne by any injured person to 
                  determine the extent of--
                              (i) the damages to agricultural land; or
                              (ii) any other damages covered by this Act;
                      (D) any costs borne by an injured person who had 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 
                  spill; and
                      (E) any other loss that the Administrator 
                  determines to be appropriate for inclusion as loss of 
                  property.
              (2) 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 loss:
                      (A) Damage to tangible assets or inventory.
                      (B) Business interruption losses.
                      (C) Overhead costs.
                      (D) Employee wages for work not performed.
                      (E) Any other loss that the Administrator 
                  determines to be appropriate for inclusion as a 
                  business loss.
              (3) 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 loss:
                      (A) An insurance deductible.
                      (B) Lost wages or personal income.
                      (C) Emergency staffing expenses.
                      (D) Debris removal and other cleanup costs.
                      (E) Any other loss that the Administrator 
                  determines to be appropriate for inclusion as a 
                  financial loss.
  
  SEC. 5. LONG-TERM WATER QUALITY MONITORING PROGRAM; DESIGNATION AS 
                SUPERFUND SITE.
  
      (a) Gold King Mine Spill Response Program.--
              (1) In general.--The Administrator shall work with affected 
          States and Indian tribes to develop, fund, and implement a 
          long-term monitoring program for water quality of the Animas 
          and San Juan Rivers in response to the Gold King Mine spill.
              (2) Requirement.--The program under paragraph (1) shall 
          provide--
                      (A) full disclosure to the public of applicable 
                  water quality and sediment data; and
                      (B) a clear and meaningful comparison between those 
                  data and all relevant water quality standards.
      (b) Sense of Congress.--It is the sense of Congress that the 
  Administrator should--
              (1) consult with all local communities along the Animas and 
          San Juan Rivers affected by the Gold King Mine spill, the 
          Navajo Nation, the Southern Ute Indian Tribe, and the States of 
          Colorado and New Mexico to determine whether it is appropriate 
          to seek a designation for the Upper Animas River watershed on 
          the National Priorities List under the Comprehensive 
          Environmental Response, Compensation, and Liability Act of 1980 
          (42 U.S.C. 9601 et seq.); and
              (2) prioritize the construction of a water treatment plant 
          in the Upper Animas River basin to significantly reduce the 
          ongoing heavy metal discharge into the Animas River from Cement 
          Creek.
  
  SEC. 6. AMENDMENT TO CERCLA.
  
      Title I of the Comprehensive Environmental Response, Compensation, 
  and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding 
  at the end the following:
  
  ``SEC. 129. MINING-RELATED PROVISIONS.
  
      ``(a) Assessments.--The Administrator, the Secretary of 
  Agriculture, and the Secretary of the Interior, in coordination with 
  the Governors of affected States, the heads of appropriate research 
  universities, and the heads of other relevant Federal departments and 
  agencies, shall--
              ``(1) not later than 180 days after the date of enactment 
          of this section, review known, existing abandoned and inactive 
          mines--
                      ``(A) to identify the most dangerous abandoned and 
                  inactive mines on public land and private land with 
                  respect to the existence of pollution and the potential 
                  to release any hazardous substance or other pollutant, 
                  particularly with respect to contamination of water; 
                  and
                      ``(B) to establish a priority plan for activities 
                  for removal and remediation of the hazardous substances 
                  and other pollutants;
              ``(2) periodically thereafter, as appropriate, update the 
          priority plan established under paragraph (1)(B) as new 
          information becomes available; and
              ``(3) develop a long-term research initiative to evaluate 
          the physical, chemical, and geological attributes of closed, 
          abandoned, and inactive mines and pursue technological 
          developments to aid in the cleanup of such mines.
      ``(b) Actions Prior to Certain Activities.--Before conducting any 
  activity at a mine that presents the significant potential for 
  accidental discharge of a hazardous substance or other pollutant, the 
  Administrator or the head of any other Federal department or agency 
  carrying out an activity for mine remediation shall--
              ``(1) provide to each tribal, State, and local unit of 
          government the resources or residents of which may be affected 
          by such a discharge notice regarding the activity; and
              ``(2) develop a spill prevention, control, and 
          countermeasures plan to avoid and mitigate the impacts of such 
          a discharge.''.
  
  SEC. 7. EFFECT OF ACT.
  
      Nothing in this Act (or an amendment made by this Act) provides for 
  compensation of any injured person pursuant to this Act (or an 
  amendment made by this Act) from the Hazardous Substances Superfund 
  established by section 9507(a) of the Internal Revenue Code of 1986.
target: Gold King Mine Spill Recovery Act of 2015 This bill entitles persons to compensation for allowable damages (i.e., property, business, or financial losses) under the Federal Tort Claims Act if they were injured by the spill into Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill establishes an Office of Gold King Mine Spill Claims within the Environmental Protection Agency (EPA) to process and pay compensation claims. The EPA must work with affected states and Indian tribes to develop, fund, and implement a long-term monitoring program for water quality of the Animas and San Juan Rivers in response to the spill. The bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 by requiring certain agencies to work with affected states as well as research universities to: (1) identify the most dangerous abandoned and inactive mines, (2) establish a priority plan for cleaning up those mines, (3) update the plan as new information becomes available, and (4) develop a long-term research initiative. That initiative must evaluate the physical, chemical, and geological attributes of closed, abandoned, and inactive mines and pursue technological developments to aid in the cleanup of those mines. Prior to carrying out mine remediation activities, agencies must: (1) provide affected tribal, state, and local governments notice of such activities; and (2) develop a spill prevention, control, and countermeasures plan for avoiding and mitigating the impacts of a spill.
feat_title: Gold King Mine Spill Recovery Act of 2015