Document OEG7NV0aN3X04dgoboYRMVnoe

We need to circle back with you and the Administrator when we complete this review to discuss next steps, hopefully early next week. From: Jackson, Ryan Sent: Wednesday, May 10, 2017 3:52 PM To: Brown, Byron <brown.byron@,epa.gov> Subject: Fwd: Gold King Mine update for the Administrator's travel Will you look through this because I would like to put a gold king, Westlake and E Chicago in his reading notebook for tomorrow. Ryan Jackson Chief of Staff U.S. EPA Ex. 6 - Personal Privacy Begin forwarded message: From: "Breen, Barry" <Breen.Barry@epa.gov> Date: May 10, 2017 at 2:37:18 PM EDT To: "Brown, Byron" <brown.byron@epa.gov>. "Jackson, Ryan" <jackson.rvan@epa.gov> Cc: "Davis, Patrick" <davis.patrick@epa.gov> Subject: Gold King Mine update for the Administrator's travel Dear Ryan, As you asked, this is to provide an update on the Gold King Mine claims and actions. Claims: the attached awards table reflects CERCLA, WIIN Act, and CWA payments to States, Tribes, local governments, and in one case (for $335,000) the USGS. Actions taken: we have updated the cross-office 4-pager, also attached. 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00005041-00002 Here are some highlights: 1. Overall, EPA has dedicated more than $29 million so far to the Gold King Mine. 2. This includes approximately $3.7 million so far reimbursed to other state, tribal, and local governments under CERCLA and the WIIN Act, . Additionally, $2.8 million has been awarded for water monitoring (thank you to OW for managing and reporting the water monitoring). 3. Totals awarded so far include $1.9 million within Colorado, $1.5 million to New Mexico, $1.1 million to the Navajo Nation, $1.0 million to Utah, and $39,000 to Arizona. 4. On January 12, 2017, EPA declined payment on 73 administrative claims under the Federal Tort Claims Act, totaling about $1.2 billion. Since then, 2 additional claims have been denied. At present, there are 6 claims still pending, including one from Utah for $1.9 billion. (See the 4-pager at pp. 3-4). As Byron mentions below, the Federal Tort Claims Act claims are managed by OGC. 5. There was report language in the recent FY 17 appropriations act: "EPA should further explore all legal and financial recourses [resources?] that could compensate individuals for such damages and, if available, should ensure that recourses [resources?] will be extended to individuals located in all areas impacted by the spill in New Mexico, Colorado, Arizona, Utah, and the Navajo Nation." I hope this helps. Would you let us know if you or the Administrator have follow-up questions? Barry 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00005041-00003 From: Brown, Byron Sent: Friday, May 05, 2017 7:49 PM To: Jackson, Ryan <jaekson.ryan@ci > Cc: Breen, Barry <Brecn.Barry(u epa.gov>: Davis, Patrick <davis.patrick@epa.gov> Subject: Re: After our meeting with AG Sessions, I asked OGC to review of all relevant legal authorities, factual record and options for reevaluating. I met with OGC yesterday and got update. David and I can give an update at next morning meeting as well. Sent from my iPhone On May 5, 2017, at 7:27 PM, Jackson, Ryan <jackson.rvaii@cpa.gov> wrote: Gold King Mine Barry, can OLEM prepare an update on claims and actions taken at the Gold King Mine site? The Administrator may be traveling to the area specifically for a visit in the not too distant future and we would like to get an update to prepare. Ryan Jackson Chief of Staff U.S. Environmental Protection Agency Ex. 6 - Personal Privacy 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00005041-00004