Responding to the Gold King Mine Spill

Rep. Luján, visiting San Juan County following the Gold King Mine spill, called on EPA Administrator McCarthy to make those affected by the spill whole.

As a native New Mexican who is proud to call the Land of Enchantment home, it is so painful to see what has happened to the Animas River – to see the toll that it has taken on our communities when more than a week after the spill people still cannot use their wells and farmers still cannot irrigate their crops.  People’s lives and their livelihoods are being harmed. While there is a short-term responsibility to restore the health of the river, we must not forget that it is also important to look at nearby mines to make sure that steps are being taken to prevent this from happening again in the future.  At the federal level we need to work with our communities to address the mines that need to be cleaned up, including designating sites as superfund to make resources available for proper cleanup”. – Congressman Ben Ray Lujan in the aftermath of the Gold King Mine spill

Urged EPA to Strengthen Its Initial Response. In the wake of the spill, Rep. Luján called on the Environmental Protection Agency (EPA) to improve communication with federal, state, and local officials and with members of the public, urging the agency to appoint one point person to oversee the response efforts that span three EPA regions. He also requested a comprehensive plan from the EPA to address the lack of water for communities in San Juan County and the Navajo Nation, and called on the agency to provide impacted states with all of the resources at its disposal.

Called on the President to Direct Federal Resources to the Gold King Mine Spill Response. Rep. Luján joined members of the New Mexico and Colorado congressional delegations to urge President Obama to direct any and all appropriate federal resources to help respond to damage from the Gold King Mine spill. The lawmakers highlighted the need to include multiple federal agencies in a coordinated response; improve the speed of water quality and sediment testing and the communication about that testing; address the availability of potable water; create a claims reimbursement process to cover all costs incurred by states, counties, tribes, and local municipalities, as well as local businesses and agricultural producers; review any ongoing projects in the area that are similar in nature to those at the Gold King Mine; and take a look at the creation of a water treatment plant in the Upper Animas River to remove heavy metals from the watershed at its source.

Ensuring that New Mexico Recovers from the Gold King Mine Spill. Working closely with Senator Udall and Senator Heinrich, Luján introduced the Gold King Mine Spill Recovery Act. This legislation seeks to ensure expeditious compensation for losses incurred as a result of the Gold King Mine spill. It sets up an Office of Gold King Mine Spill Claims and outlines allowable damages for settlement under the Federal Tort Claims Act.  Additionally, it requires the agency to work with the states and Tribes to fund and implement long-term monitoring of water quality from the mine and to identify the risks of future spills by assessing other abandoned mines for cleanup.

Cleaning Up Abandoned Mines. After the Gold King Mine Spill, Luján cosponsored the Hardrock Mining Reform and Reclamation Act. This bill seeks to address the nation’s backlog of abandoned mine cleanups and ensure that parties extracting hardrock minerals are paying royalties related to extraction so that taxpayers are no longer responsible for cost associated with abandoned mines. The bill would:

• Require corporations to pay royalties for minerals extracted from public lands and contribute to a fund for cleanup costs;
• Establish strong reclamation standards and bonding requirements to make sure taxpayers don’t pay for cleanups if a company skips town or goes bankrupt;
• Provide clear authority to federal land managers to reject a proposed mine if it would unduly degrade public lands or resources.