Gold King Mine Spill Compensation Act of 2025
Sponsored By: Senator Sen. Bennet, Michael F. [D-CO]
Introduced
Summary
This bill would create a federal program to compensate people and businesses harmed by the 2015 Gold King Mine spill. It defines who may recover specific economic losses from that release and how claims would be handled and paid.
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- Homeowners and property owners could get payments for property injury if they submitted a covered claim by August 5, 2017 and did not previously settle for more than $2,500.
- Farmers and livestock grazers could recover covered lost income, diminished crop yields, and limited costs for relocating livestock and securing alternative water during the spill period in 2015.
- Recreation companies and other non–mine businesses could claim lost business income from the 2015 spill provided they filed a covered claim by August 5, 2017 and are still operating when paid; mine owners and mine-related businesses are excluded.
- Claimants could choose an administrative covered claim or certain civil actions, but accepting an award would be final and would release related claims against the United States.
- The Environmental Protection Agency Administrator would decide payment amounts under applicable Colorado law, make determinations within 180 days of enactment, and report claims and payments to Congress within 90 days after all claims are processed.
*Would authorize up to $3.3 million in emergency Treasury funding for fiscal year 2025 to pay claims under the Act.*
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 1 costs, 2 mixed.
Payments for Gold King spill losses
This bill would create a program to pay certain economic losses from the Aug 5, 2015 Gold King Mine spill. Covered losses would include injury, lost business income from Aug 5–Dec 31, 2015 (not vacation rentals), livestock relocation and alternative water costs from Aug 5–Oct 15, 2015, and crop loss from Aug 5–Dec 31, 2015. Payments would be no more than the smaller of your measured compensatory damages and the amount in your original claim. Payments would not include interest or punitive damages. The government would provide up to $3.3 million for payments, available until spent. Colorado law would be used to calculate covered damages unless the bill says otherwise.
Who can get spill payments
This bill would restrict who may receive payments. To be eligible, you must have filed a written Federal Tort Claims Act request with the EPA Administrator on or before August 5, 2017. If you are a business, it must be operating when payments are made and must not own or run mines. You cannot get a payment if you previously settled with the United States for more than $2,500 or had a related judgment before enactment. If you accept a payment, you must sign a statement under penalty of perjury and you give up other legal claims for the same spill injuries. Choosing one remedy (covered claim, an FTCA action, or another authorized civil suit) would be final for all your spill injuries. The bill would not affect your right to apply for federal benefit programs.
Claims process and court review
This bill would let the EPA Administrator investigate and decide covered claims and set payment amounts within 180 days after enactment. The Administrator could only consider whether the claimant is injured, whether the spill caused the injury, how much to pay, and who gets paid. If you disagree with the final decision, you could sue in U.S. District Court for the District of Colorado within 60 days, but the court would review only the administrative record and must uphold decisions supported by substantial evidence. The Administrator would also report to Congress within 90 days after all claims are processed, listing amounts claimed and how each claim was resolved.
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Sponsors & CoSponsors
Sponsor
Sen. Bennet, Michael F. [D-CO]
CO • D
Cosponsors
John Hickenlooper
CO • D
Sponsored 2/13/2025
Roll Call Votes
No roll call votes available for this bill.
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