Sec. 5004. GOLD KING MINE SPILL RECOVERY
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## SEC. 5004 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 local government that submits a claim under subsection (c). ####
(3)Gold king mine release The term “**Gold King Mine release**” 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 to assess mine conditions. ####
(4)National contingency plan The term “**National Contingency Plan**” means the National Contingency Plan prepared and published under part 300 of title 40, Code of Federal Regulations (or successor regulations). ####
(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 the Administrator should receive and process, as expeditiously as possible, claims under chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”) for any injury arising out of the Gold King Mine release. ###
(c)Gold King Mine Release Claims Pursuant to 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 such Act, any claim made by a State, Indian tribe, or local government for eligible response costs relating to the Gold King Mine release. ####
(2)Eligible response costs #####
(A)In general Response costs incurred between August 5, 2015, and September 9, 2016, are eligible for payment by the Administrator under this subsection, without prior approval by the Administrator, if the response costs are consistent with the National Contingency Plan. #####
(B)Prior approval required Response costs incurred after September 9, 2016, are eligible for payment by the Administrator under this subsection if— ######
(i)the Administrator approves the response costs under section 111(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)(2)); and ######
(ii)the response costs are consistent with the National Contingency Plan. ####
(3)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 eligible response costs submitted to the Administrator before such date of enactment. #####
(B)Subsequently filed claims Not later than 90 days after the date on which a claim is submitted to the Administrator, the Administrator shall make a decision on, and pay, any eligible response costs. #####
(C)Deadline All claims under this subsection shall be submitted to the Administrator not later than 180 days after the date of enactment of this Act. #####
(D)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 release, the Administrator, in conjunction with affected States, Indian tribes, and local governments, shall, subject to the availability of appropriations, develop and implement a program for long-term water quality monitoring of rivers contaminated by the Gold King Mine release. ####
(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 water quality sample results and sediment data referred to in subparagraph
(A)by, at a minimum, posting the information on the website of the Administrator; #####
(C)take any other reasonable measure necessary to assist affected States, Indian tribes, and local governments with long-term water monitoring; and #####
(D)carry out additional program activities related to long-term water quality monitoring that the Administrator determines to be necessary. ####
(3)Authorization of Appropriations There are authorized to be appropriated to the Administrator $4,000,000.00 for each of fiscal years 2017 through 2021 to carry out this subsection, including the reimbursement of affected States, Indian tribes, and local governments for the costs of long-term water quality monitoring of any river contaminated by the Gold King Mine release. ###
(e)Existing State and Tribal Law Nothing in this section affects the jurisdiction or authority of any department, agency, or officer of any State government or any Indian tribe. ###
(f)Savings Clause Nothing in this section affects any right of any State, Indian tribe, or other person to bring a claim against the United States for response costs or natural resources damages pursuant to section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607).
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