S. 568 — Gold King Mine Spill Compensation Act of 2025

This section defines terms for purposes of the Act, including: (1) Administrator as the Administrator of the Environmental Protection Agency; (2) BPMD contamination as a release or threatened release of hazardous substances on or before enactment at or from mining-related sources within the Bonita Peak Mining District Superfund Site in San Juan County, Colorado (EPA Docket ID No. EPA-HQ-OLEM-2016-0152); (3) covered claim as a written request under the Federal Tort Claims Act for a certain amount of compensation, submitted to the Administrator on or before August 5, 2017, by an injured person for covered damages; (4) covered damages as adequately documented, otherwise uncompensated damages from the Gold King Mine spill—including injury, lost business income from August 5 to December 31, 2015 (excluding vacation rentals), livestock relocation and alternative water supply expenses from August 5 to October 15, 2015, and diminished agricultural crop yield or loss from August 5 to December 31, 2015—but excluding response costs under CERCLA and emotional distress; (5) Gold King Mine spill as the August 5, 2015, release of more than 3 million gallons of acid mine drainage containing heavy metals from the Gold King Mine in San Juan County, Colorado, into the Animas and San Juan Rivers during an EPA removal site evaluation; (6) injured person as a homeowner, livestock grazer, farmer, recreation company, or other business that suffered covered damages from the spill, submitted a covered claim by August 5, 2017, was denied or not fully compensated by the Administrator, has not settled with the United States for over $2,500 or received a related judgment prior to enactment, and (if a business) is operating as of payment and does not own a mine or perform mine-related work; and (7) injury as injury or loss of property, or personal injury or death, under 28 U.S.C. 1346(b)(1).

This section establishes a compensation program administered by the EPA Administrator for injured persons suffering covered damages from the 2015 Gold King Mine spill (i.e., a spill of contaminated water into the Animas River caused by EPA cleanup activities). The Administrator must investigate and settle covered claims within 180 days using Colorado law for damage calculations, limited to actual compensatory damages up to the claimed amount (excluding interest and punitive damages); acceptance of payment releases all related claims against the United States (including under the Federal Tort Claims Act), requires a penalty-of-perjury certification under 18 U.S.C. 1001, and constitutes a final election of remedy barring other claims or actions for spill-related injuries. Claimants may alternatively pursue Federal Tort Claims Act remedies or other authorized civil actions, without affecting Federal entitlement benefits. Aggrieved claimants have 60 days for judicial review in U.S. District Court for the District of Colorado under a substantial evidence standard. Not later than 90 days after processing all claims, the Administrator must report to Congress on claims received, their nature, and dispositions.

This section appropriates $3.3 million for FY2025 to the Administrator for payment of claims under this Act, to remain available until expended. The section designates the amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). (Thus, the funding is exempt from discretionary spending limits and sequestration.)