S.Amdt. 4179

SA 4179. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill H.R. 6938, making consolidated appropriations for the
fiscal year ending September 30, 2026, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of the matter under the heading ``Environmental
Programs and Management'' under the heading ``ENVIRONMENTAL
PROTECTION AGENCY'' in title II of division C, add the
following:
In addition, up to $3,300,000 for payment of compensatory
damages for adequately documented claims submitted to the
Environmental Protection Agency in connection with the August
5, 2015, Gold King Mine incident by a homeowner, a livestock
grazer, a farmer, or a recreation company or other business
for: injury or loss of property, or personal injury or death
(as used in section 1346(b)(1) of title 28, United States
Code); lost business income during the period beginning on
August 5, 2015, and ending on December 31, 2015, excluding
vacation rentals and any business that owns a mine or
performs any mine-related business; expenses arising from
relocating livestock and providing alternative water supplies
during the period beginning on August 5, 2015, and ending on
December 31, 2015; or lost income from diminished yield or
loss of agricultural crops during the period beginning on
August 5, 2015, and ending on December 31, 2015:  Provided,
That such claim must have been in the form of a written
request for monetary compensation of a sum certain submitted
to the Environmental Protection Agency on or before August 5,
2017:  Provided further, That the Environmental Protection
Agency may request additional documentation of claimed
damages and may, in its discretion, determine the adequacy of
documentation:  Provided further, That payments shall not
include costs for response (as defined in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601)); emotional distress;
interest; punitive damages; amounts in excess of the amount
requested in the original claim; amounts already paid in
satisfaction of a claim; or payments to any claimant who,
prior to the date of enactment of this Act, has entered into
a settlement agreement with the United States for any amount
exceeding $2,500 or has had a judgment entered by any court
in any case related to the August 5, 2015, Gold King Mine
incident or the Bonita Peak Mining District:  Provided
further, That acceptance by a claimant of any payment under
this paragraph shall be final and conclusive on the claimant
with respect to all claims arising out of or relating to the
same subject matter and constitute a complete release of all
covered claims against the United States (including any
agency or employee of the United States) under chapter 171 of
title 28, United States Code, or any other Federal or State
law, arising out of or relating to the same subject matter:
Provided further, That no payment under this paragraph shall
affect any right of a claimant to file a claim for benefits
under any Federal entitlement program:  Provided further,
That funds appropriated under this paragraph are designated
by Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
______