S.Amdt. 5028

SA 5028. Mr. GARDNER (for himself, Mr. Udall, Mr. Bennet, Mr. Hatch,
Mr. Heinrich, and Mr. McCain) submitted an amendment intended to be
proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe
(for himself and Mrs. Boxer)) to the bill S. 2848, to provide for the
conservation and development of water and related resources, to
authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title VIII, add the following:

SEC. 8____. GOLD KING MINE SPILL RECOVERY.

(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Claimant.--The term ``claimant'' means a State, Indian
tribe, or any person who submits a claim under subsection
(c).
(3) 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.
(4) National contingency plan.--The term ``National
Contingency Plan'' means the National Contingency Plan
prepared and published under section 311(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(d)), as revised
pursuant to section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9605).
(5) Response.--The term ``response'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Environmental Protection Agency should be
considered liable for all injuries arising out of, or
relating to, the Gold King Mine spill;
(2) any injured person, including any State or Indian
tribe, may bring a claim under chapter 171 of title 28,
United States Code (commonly known as the ``Federal Tort
Claims Act'') for any injury arising out of, or relating to,
the Gold King Mine spill; and
(3) the Administrator should receive, process, and
facilitate payment of claims for injuries arising out of, or
relating to, the Gold King Mine spill pursuant to that
chapter of that title.
(c) Gold King Mine Spill Claims Pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act.--
(1) In general.--The Administrator shall, consistent with
the National Contingency Plan, receive and process under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and pay from
appropriations made available to the Administrator to carry
out that Act, any claim for response costs arising out of, or
related to, the Gold King Mine spill.
(2) Eligible costs.--Response costs--
(A) are eligible for payment by the Administrator under
this subsection without regard to the date on which the
response costs are incurred; and
(B) include any response cost incurred by a claimant that
is not inconsistent with the National Contingency Plan.
(3) Presumption.--
(A) In general.--The Administrator shall consider response
costs claimed under paragraph (1) to be eligible costs,
unless the Administrator presents substantial evidence that
the response costs are inconsistent with the National
Contingency Plan.
(B) Applicable standard.--The Administrator shall make a
determination regarding whether a response cost is not
inconsistent with the National Contingency Plan based on the
same standard that the United States applies in seeking
recovery of the response costs of the United States from
responsible

[[Page S5510]]

parties under section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9607).
(4) Timing.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall make a
decision on, and pay, any response costs submitted to the
Administrator before that date of enactment.
(B) Subsequently filed costs.--Not later than 90 days after
the date on which a response cost is submitted to the
Administrator, the Administrator shall make a decision on,
and pay, any response costs.
(C) Notification.--Not later than 30 days after the date on
which the Administrator makes a decision under subparagraph
(A) or (B), the Administrator shall notify the claimant of
the decision.
(d) Water Quality Program.--
(1) In general.--In response to the Gold King Mine spill,
the Administrator, in conjunction with affected States,
Indian tribes, and local governments, shall develop and
implement a program for long-term water quality monitoring of
rivers contaminated by the Gold King Mine spill.
(2) Requirements.--In carrying out the program described in
paragraph (1), the Administrator, in conjunction with
affected States, Indian tribes, and local governments,
shall--
(A) collect water quality samples and sediment data;
(B) provide the public with a means of viewing the samples
and data referred to in subparagraph (A) by, at a minimum,
posting the information on the website of the Administrator;
(C) take any other relevant measure necessary to assist
affected States, Indian tribes, and local governments with
long-term water monitoring; and
(D) carry out additional program activities, as determined
by the Administrator.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator such sums as may be
necessary to reimburse affected States, Indian tribes, and
local governments for the costs of long-term water quality
monitoring of any river contaminated by the Administrator.
______