I 

108TH CONGRESS 

1ST SESSION H. R. 2733

To amend the Solid Waste Disposal Act to bring underground storage tanks 

into compliance with subtitle I of that Act, to promote cleanup of leaking 

underground storage tanks, to provide sufficient resources for such compliance and cleanup, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2003

Mr. BURR (for himself, Mr. FOSSELLA, Mr. TOWNS, Mr. GORDON, and Mr. 

BOUCHER) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To amend the Solid Waste Disposal Act to bring underground storage tanks into compliance with subtitle I 

of that Act, to promote cleanup of leaking underground 

storage tanks, to provide sufficient resources for such 

compliance and cleanup, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Underground Storage 

5 Tank Compliance Act of 2003’’. 
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1 SEC. 2. LEAKING UNDERGROUND STORAGE TANKS. 

2 Section 9004 of the Solid Waste Disposal Act (42 

3 U.S.C. 6991c) is amended by adding at the end the fol4 lowing: 

5 ‘‘(f) TRUST FUND DISTRIBUTION.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) AMOUNT AND PERMITTED USES OF

8 DISTRIBUTION.—The Administrator shall dis9 tribute to States not less than 80 percent of the 

10 funds from the Trust Fund that are made 

11 available to the Administrator under section 

12 9013(2)(A) for each fiscal year for use in pay13 ing the reasonable costs, incurred under a coop14 erative agreement with any State—

15 ‘‘(i) actions taken by the State under 

16 section 9003(h)(7)(A); 

17 ‘‘(ii) necessary administrative ex18 penses, as determined by the Adminis19 trator, that are directly related to correc20 tive action and compensation programs 

21 under subsection (c)(1); 

22 ‘‘(iii) any corrective action and com23 pensation program carried out under sub24 section (c)(1) for a release from an under25 ground storage tank regulated under this 

26 subtitle to the extent that, as determined 
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1 by the State in accordance with guidelines 

2 developed jointly by the Administrator and 

3 the State, the financial resources of the 

4 owner or operator of the underground stor5 age tank (including resources provided by 

6 a program in accordance with subsection 

7 (c)(1)) are not adequate to pay the cost of 

8 a corrective action without significantly im9 pairing the ability of the owner or operator 

10 to continue in business; 

11 ‘‘(iv) enforcement by the State or a 

12 local government of State or local regula13 tions pertaining to underground storage 

14 tanks regulated under this subtitle; or 

15 ‘‘(v) State or local corrective actions 

16 carried out under regulations promulgated 

17 under section 9003(c). 

18 ‘‘(B) USE OF FUNDS FOR ENFORCE19 MENT.—In addition to the uses of funds au20 thorized under subparagraph (A), the Adminis21 trator may use funds from the Trust Fund that 

22 are not distributed to States under subpara23 graph (A) for enforcement of any regulation 

24 promulgated by the Administrator under this 

25 subtitle. 
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1 ‘‘(C) PROHIBITED USES.—Except as pro2 vided in subparagraph (A)(iii), under any simi3 lar requirement of a State program approved 

4 under this section, or in any similar State or 

5 local provision as determined by the Adminis6 trator, funds provided to a State by the Admin7 istrator under subparagraph (A) shall not be 

8 used by the State to provide financial assistance 

9 to an owner or operator to meet any require10 ment relating to underground storage tanks 

11 under part 280 of title 40, Code of Federal 

12 Regulations (as in effect on the date of enact13 ment of this subsection). 

14 ‘‘(2) ALLOCATION.—

15 ‘‘(A) PROCESS.—Subject to subparagraph 

16 (B), in the case of a State with which the Ad17 ministrator has entered into a cooperative 

18 agreement under section 9003(h)(7)(A), the 

19 Administrator shall distribute funds from the 

20 Trust Fund to the State using the allocation 

21 process developed by the Administrator. 

22 ‘‘(B) DIVERSION OF STATE FUNDS.—

23 ‘‘(i) IN GENERAL.—The Administrator 

24 shall not distribute funds under subsection 

25 (a)(3) to any State that has diverted funds 
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1 from the State’s State fund or State assur2 ance program, with the exception of those 

3 transfers that had been completed earlier 

4 than the date of enactment of this sub5 section. 

6 ‘‘(ii) USE OF WITHHELD FUNDS.—

7 The Administrator shall allocate funds 

8 withheld under clause (i) to other States in 

9 accordance with the allocation process de10 veloped by the Administrator. 

11 ‘‘(C) REVISIONS TO PROCESS.—The Ad12 ministrator may revise the allocation process re13 ferred to in subparagraph (A) with respect to a 

14 State only after—

15 ‘‘(i) consulting with State agencies re16 sponsible for overseeing corrective action 

17 for releases from underground storage 

18 tanks; and 

19 ‘‘(ii) taking into consideration, at a 

20 minimum, each of the following: 

21 ‘‘(I) The total tax revenue con22 tributed to the Trust Fund from all 

23 sources within the State. 

24 ‘‘(II) The number of confirmed 

25 releases from federally regulated leak-
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1 ing underground storage tanks in the 

2 State. 

3 ‘‘(III) The number of federally 

4 regulated underground storage tanks 

5 in the State. 

6 ‘‘(IV) The percentage of the pop7 ulation of the State that uses ground8 water for any beneficial purpose. 

9 ‘‘(V) The performance of the 

10 State in implementing and enforcing 

11 the program. 

12 ‘‘(VI) The financial needs of the 

13 State. 

14 ‘‘(VII) The ability of the State to 

15 use the funds referred to in subpara16 graph (A) in any year. 

17 ‘‘(3) DISTRIBUTIONS TO STATE AGENCIES.—

18 Distributions from the Trust Fund under this sub19 section shall be made directly to a State agency that 

20 ‘‘(A) enters into a cooperative agreement 

21 referred to in paragraph (2)(A); or 

22 ‘‘(B) is enforcing a State program ap23 proved under this section. 

24 ‘‘(4) COST RECOVERY PROHIBITION.—Funds 

25 from the Trust Fund provided by States to owners 
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1 or operators under paragraph (1)(A)(iii) shall not be 

2 subject to cost recovery by the Administrator under 

3 section 9003(h)(6).’’. 

4 SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS. 

5 Section 9005 of the Solid Waste Disposal Act (42 

6 U.S.C. 6991d) is amended by inserting the following new 

7 subsection at the end thereof: 

8 ‘‘(c) INSPECTION REQUIREMENTS.—Not later than 2 

9 years after the date of enactment of this subsection, the 

10 Administrator or a State that receives funding from this 

11 subtitle, shall conduct on-site inspections of all under12 ground storage tanks regulated under this subtitle that 

13 have not undergone such inspection since December 22, 

14 1998, to determine compliance with this subtitle. 

15 ‘‘(d) STATE COMPLIANCE PROGRAMS.—Each State 

16 that receives funding from this subtitle shall, not later 

17 than 2 years after the date of enactment of this sub18 section, develop, in cooperation with the Administrator, a 

19 State Compliance Assurance Program to ensure that all 

20 underground storage tanks regulated under this subtitle 

21 remain compliant with this subtitle. Such programs shall: 

22 ‘‘(1) include a frequency of inspection require23 ment; and 

24 ‘‘(2) provide that inspections conducted under 

25 such programs shall be conducted either pursuant to 
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1 a State program approved under section 9004 or 

2 pursuant to a cooperative agreement with the Ad3 ministrator, or an alternative State inspection pro4 gram, as approved by the Administrator, as a com5 ponent of an integrated underground storage tank 

6 enforcement program including targeted and for 

7 cause inspections.’’. 

8 SEC. 4. OPERATOR TRAINING. 

9 Section 9010 of the Solid Waste Disposal Act is 

10 amended to read as follows: 

11 ‘‘SEC. 9010. OPERATOR TRAINING. 

12 ‘‘(a) GUIDELINES.—

13 ‘‘(1) IN GENERAL.—Not later than 2 years 

14 after the date of enactment of the Underground 

15 Storage Tank Compliance Act of 2003, in coopera16 tion with States, owners, and operators, the Admin17 istrator shall publish in the Federal Register, after 

18 public notice and opportunity for comment, guide19 lines that specify methods for training operators of 

20 underground storage tanks. 

21 ‘‘(2) CONSIDERATIONS.—The guidelines de22 scribed in paragraph (1) shall take into account each 

23 of the following: 

24 ‘‘(A) State training programs in existence 

25 as of the date of publication of the guidelines. 
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1 ‘‘(B) training programs that are being em2 ployed by owners and operators as of the date 

3 of enactment of this paragraph. 

4 ‘‘(C) The high turnover rate of operators. 

5 ‘‘(D) The frequency of improvement in un6 derground storage tank equipment technology. 

7 ‘‘(E) The nature of the businesses in which 

8 the operators are engaged. 

9 ‘‘(F) Such other factors as the Adminis10 trator determines to be necessary to carry out 

11 this section. 

12 ‘‘(b) STATE PROGRAMS.—

13 ‘‘(1) IN GENERAL.—Not later than 2 years 

14 after the date on which the Administrator publishes 

15 the guidelines under subsection (a)(1), each State 

16 shall develop and implement a strategy for the train17 ing of operators of underground storage tanks that 

18 is consistent with paragraph (2). 

19 ‘‘(2) REQUIREMENTS.—A State strategy de20 scribed in paragraph (1) shall—

21 ‘‘(A) be consistent with subsection (a); 

22 ‘‘(B) be developed in cooperation with own23 ers and operators; and 
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1 ‘‘(C) take into consideration training pro2 grams implemented by owners and operators as 

3 of the date of enactment of this subsection. 

4 ‘‘(3) FINANCIAL INCENTIVE.—The Adminis5 trator may award to a State that develops and im6 plements a strategy described in paragraph (1), in 

7 addition to any funds that the State is entitled to 

8 receive under this subtitle, not more than $200,000, 

9 to be used to carry out the strategy.’’. 

10 SEC. 5. REMEDIATION FROM ETHER FUEL ADDITIVES. 

11 Section 9003(h) of the Solid Waste Disposal Act (42 

12 U.S.C. 6991b(h)) is amended as follows: 

13 (1) In paragraph (7)(A)—

14 (A) by striking ‘‘paragraphs (1) and (2) of 

15 this subsection’’ and inserting ‘‘paragraphs (1), 

16 (2), and (12)’’ ; and 

17 (B) by striking ‘‘and including the authori18 ties of paragraphs (4), (6), and (8) of this sub19 section’’ and inserting ‘‘and the authority under 

20 section 9011 and paragraphs (4), (6), and 

21 (8),’’. 

22 (2) By adding at the end the following: 

23 ‘‘(12) REMEDIATION OF ETHER FUEL CONTAMI24 NATION.—
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1 ‘‘(A) IN GENERAL.—The Administrator 

2 and the States may use funds made available 

3 under section 9013(2)(B) to carry out correc4 tive actions with respect to a release of an ether 

5 fuel additive that presents a threat to human 

6 health or welfare or the environment 

7 ‘‘(B) APPLICABLE AUTHORITY.—The Ad8 ministrator or a State shall carry out subpara9 graph (A) in accordance with paragraph (2), 

10 and in the case of a State, in accordance with 

11 a cooperative agreement entered into by the Ad12 ministrator and the State under paragraph 

13 (7).’’. 

14 SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND EN15 FORCEMENT. 

16 (a) RELEASE PREVENTION AND COMPLIANCE.—Sub17 title I of the Solid Waste Disposal Act (42 U.S.C. 6991 

18 et seq.) (as amended by section 4 of this Act) is amended 

19 by adding at the end the following: 

20 ‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND 

21 COMPLIANCE. 

22 ‘‘Funds made available under section 9013(2)(D) 

23 from the Trust Fund may be used to conduct inspections, 

24 issue orders, or bring actions under this subtitle— 
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1 ‘‘(1) by a State, in accordance with a grant or 

2 cooperative agreement with the Administrator, of 

3 State regulations pertaining to underground storage 

4 tanks regulated under this subtitle; and 

5 ‘‘(2) by the Administrator, under this subtitle 

6 (including under a State program approved under 

7 section 9004).’’. 

8 (b) GOVERNMENT OWNED TANKS.—Section 9003 of 

9 the Solid Waste Disposal Act (42 U.S.C. 6991b) is amend10 ed by adding at the end the following: 

11 ‘‘(i) GOVERNMENT OWNED TANKS.—

12 ‘‘(1) IMPLEMENTATION REPORT.—

13 ‘‘(A) IN GENERAL.—Not later than 2 years 

14 after the date of enactment of this subsection, 

15 each State shall submit to the Administrator an 

16 implementation report that—

17 ‘‘(i) lists the location and owner of 

18 each underground storage tank described 

19 in subparagraph (B) in the State that, as 

20 of the date of submission of the report, is 

21 not in compliance with this subtitle; 

22 ‘‘(ii) specifies the date of the last in23 spection by a State or Federal inspector of 

24 each underground storage tank described 

25 in clause (i); 
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1 ‘‘(iii) lists each violation of this sub2 title respecting any underground storage 

3 tank described in clause (i); and 

4 ‘‘(iv) describes the actions that have 

5 been and will be taken to ensure compli6 ance by the underground storage tank list7 ed under clause (i) with this subtitle. 

8 ‘‘(B) UNDERGROUND STORAGE TANK.—An 

9 underground storage tank described in this sub10 paragraph is an underground storage tank that 

11 is regulated under this subtitle, and owned or 

12 operated by the State government or any local 

13 government. 

14 ‘‘(C) PUBLIC AVAILABILITY.—The Admin15 istrator shall make each report received under 

16 subparagraph (A) available to the public 

17 through an appropriate media. 

18 ‘‘(2) FINANCIAL INCENTIVE.—The Adminis19 trator may award to a State that develops an imple20 mentation report described in paragraph (1), in ad21 dition to any funds that the State is entitled to re22 ceive under this subtitle, not more than $50,000, to 

23 be used to carry out the implementation report. 
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1 ‘‘(3) NOT A SAFE HARBOR.—This subsection 

2 does not relieve any person from any obligation or 

3 requirement under this subtitle.’’. 

4 (c) INCENTIVE FOR PERFORMANCE.—Section 9006 

5 of the Solid Waste Disposal Act (42 U.S.C. 6991e) is 

6 amended by adding at the end the following: 

7 ‘‘(e) INCENTIVE FOR PERFORMANCE.—In deter8 mining the terms of, or whether to issue, a compliance 

9 order under subsection (a), or the amount of, or whether 

10 to issue, a civil penalty under subsection (d), the Adminis11 trator, or a State under a program approved under section 

12 9004, shall take into consideration whether an owner or 

13 operator—

14 ‘‘(1) has a history of operating underground 

15 storage tanks of the owner or operator in accordance 

16 with this subtitle; or a State program approved 

17 under section 9004; or 

18 ‘‘(2) has repeatedly violated this subtitle; or a 

19 State program approved under section 9004; or 

20 ‘‘(3) has implemented a program, consistent 

21 with guidelines published under section 9010, that 

22 provides training to persons responsible for oper23 ating any underground storage tank of the owner or 

24 operator. 

25 ‘‘(f) DELIVERY PROHIBITION.—
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1 ‘‘(1) REQUIREMENTS.—

2 ‘‘(A) PROHIBITION OF DELIVERY.—Subject 

3 to paragraph (2), beginning 6 months after the 

4 date of enactment of this subsection, it shall be 

5 unlawful to deliver to or accept a regulated sub6 stance into an underground storage tank listed 

7 on the Delivery Prohibition Rosters established 

8 by the Administrator and each State that re9 ceives funding under this subtitle under sub10 paragraph (B). 

11 ‘‘(B) DELIVERY PROHIBITION ROSTER.—

12 ‘‘(i) IN GENERAL.—The Administrator 

13 and each State implementing agency that 

14 receives funding under this subtitle shall 

15 establish within 5 months after the date of 

16 enactment a Delivery Prohibition Roster 

17 listing underground storage tanks under 

18 the Administrator’s or the State’s jurisdic19 tion that are not in compliance with a re20 quirement or standard promulgated by the 

21 Administrator under section 9003 or a re22 quirement or standard of a State program 

23 approved under section 9004. 

24 ‘‘(ii) NOTIFICATION.—The Adminis25 trator and the State shall, make readily 
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1 known to underground storage tank own2 ers and operators and to product delivery 

3 industries, the underground storage tanks 

4 listed on a Delivery Prohibition Roster by 

5 (I) posting such Rosters, including the 

6 physical location and street address of each 

7 listed underground storage tank, on official 

8 web sites; (II) mailing within 7 days of the 

9 addition of an underground storage tank to 

10 a Delivery Prohibition Roster a certified 

11 letter to each supplier of motor fuel to 

12 such an underground storage tank within 

13 the last 30 days notifying the supplier that 

14 the tank has been listed; (III) notifying 

15 suppliers by other electronic means avail16 able; and (IV) updating these Rosters peri17 odically. 

18 ‘‘(iii) ROSTER UPDATES.—The Ad19 ministrator and the State shall update the 

20 Delivery Prohibition Rosters 15 calendar 

21 days prior to the first day of each calendar 

22 month. 

23 ‘‘(2) LIMITATION.—

24 ‘‘(A) SPECIFIED GEOGRAPHIC AREA.—Sub25 ject to paragraph (B), under paragraph (1), the 
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1 Administrator or a State shall not include an 

2 underground storage tank on a Delivery Prohi3 bition Roster if such a delivery prohibition 

4 would jeopardize the availability of, or access 

5 to, fuel in any specified geographic area. 

6 ‘‘(B) APPLICABILITY OF LIMITATION.—

7 The limitation under subparagraph (A) shall 

8 apply only during the 180-day period following 

9 the date of a determination by the Adminis10 trator or the appropriate State that exercising 

11 the authority of paragraph (1) is limited by 

12 subparagraph (A). 

13 ‘‘(C) GUIDELINES.—Not later than 6 

14 months after the date of enactment of this sub15 section, the Administrator shall issue guidelines 

16 that define the term ‘specified geographic area’ 

17 for the purpose of subparagraph (A). 

18 ‘‘(3) AUTHORITY TO ISSUE GUIDELINES.—The 

19 Administrator, after consultation with the States, 

20 shall issue guidelines for carrying out this subsection 

21 within 3 months of the date of enactment of this 

22 subsection. 

23 ‘‘(4) ENFORCEMENT AND PENALTIES.—The 

24 Administrator may use the authority under the en-
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1 forcement, compliance, or penalty provisions of this 

2 subtitle to carry out this subsection. 

3 ‘‘(5) EFFECT ON STATE AUTHORITY.—Nothing 

4 in this subsection shall affect the authority of a 

5 State to prohibit the delivery of a regulated sub6 stance to an underground storage tank. 

7 ‘‘(6) DEFENSE TO VIOLATION.—A person shall 

8 not be in violation of paragraph (1)(A) if the under9 ground storage tank into which a regulated sub10 stance is delivered is not listed on the Administra11 tor’s or the appropriate State’s Prohibited Delivery 

12 Roster 15 calendar days prior to the delivery being 

13 made. 

14 ‘‘(7) SUNSET.—This subsection shall cease to 

15 be effective 42 months after the date of enact16 ment.’’. 

17 (d) PUBLIC RECORD.—Section 9002 of the Solid 

18 Waste Disposal Act (42 U.S.C. 6991a) is amended by add19 ing at the end the following: 

20 ‘‘(d) PUBLIC RECORD.—

21 ‘‘(1) IN GENERAL.—The Administrator shall re22 quire each State and Indian tribe that receives funds 

23 under this subtitle to maintain, update at least an24 nually, and make available to the public, in such 

25 manner and form as the Administrator shall pre-
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1 scribe (after consultation with States and Indian 

2 tribes), a record of underground storage tanks regu3 lated under this subtitle. 

4 ‘‘(2) CONSIDERATIONS.—To the maximum ex5 tent practicable, the public record of a State or In6 dian tribe, respectively, shall include, for each year 

7 each of the following: 

8 ‘‘(A) The number, sources, and causes of 

9 underground storage tank releases in the State 

10 or tribal area. 

11 ‘‘(B) The record of compliance by under12 ground storage tanks in the State or tribal area 

13 with this subtitle; or an applicable State pro14 gram approved under section 9004. 

15 ‘‘(C) Data on the number of underground 

16 storage tank equipment failures in the State or 

17 on tribal land. 

18 ‘‘(3) AVAILABILITY.—The Administrator shall 

19 make the public record of each State and Indian 

20 tribe under this section available to the public elec21 tronically.’’. 

22 SEC. 7. FEDERAL FACILITIES. 

23 Section 9007 of the Solid Waste Disposal Act (42 

24 U.S.C. 6991f) is amended to read as follows: 
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1 ‘‘SEC. 9007 FEDERAL FACILITIES. 

2 ‘‘(a) IN GENERAL.—Each department, agency, and 

3 instrumentality of the executive, legislative, and judicial 

4 branches of the Federal Government shall be subject to, 

5 and comply with, all Federal, State, interstate, and local 

6 requirements, both substantive and procedural (including 

7 any requirements for permits or reporting or any provi8 sions for injunctive relief and such sanctions as may be 

9 imposed by a court to enforce such relief), respecting un10 derground storage tanks in the same manner, and to the 

11 same extent, as any person is subject to such requirements 

12 if such department, agency, or instrumentality—

13 ‘‘(1) has jurisdiction over any underground 

14 storage tank or underground storage tank system, or 

15 ‘‘(2) engaged in any activity resulting, or which 

16 may result, in the installation, operation, manage17 ment, or closure of any underground storage tank, 

18 release response activities thereto, or in the delivery 

19 of any regulated substance to an underground stor20 age tank or underground storage tank system. 

21 ‘‘(b) WAIVER OF SOVERIGN IMMUNITY.—The United 

22 States hereby expressly waives any immunity otherwise 

23 applicable to the United States with respect to the sub24 stantive and procedural requirements of subsection (a). 

25 ‘‘(c) LIABILITY.—
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1 ‘‘(1) Neither the United States, nor any agent, 

2 employee, or officer thereof, shall be immune or ex3 empt from any process or sanction of any State or 

4 Federal Court with respect to a violation of the sub5 stantive and procedural requirements of subsection 

6 (a). 

7 ‘‘(2) No agent, employee, or officer of the 

8 United States shall be personally liable for any civil 

9 penalty under any Federal, State, or local law con10 cerning underground storage tanks with respect to 

11 any act or omission within the scope of the official 

12 duties of the agent, employee, or officer, provided 

13 that an agent, employee, or officer of the United 

14 States shall be subject to any criminal sanction (in15 cluding, but not limited to, any fine or imprison16 ment) under any Federal or State law concerning 

17 underground storage tanks. 

18 ‘‘(d) EXEMPTIONS.—

19 ‘‘(1) IN GENERAL.—The President may exempt 

20 any underground storage tank of any department, 

21 agency, or instrumentality in the executive branch 

22 from compliance with Federal or State requirements 

23 with respect to underground storage tanks if he de24 termines it to be in the paramount interest of the 

25 United States to do so. 
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1 ‘‘(2) RESTRICTION ON EXEMPTION.—No ex2 emption shall be granted under paragraph (1) due to 

3 lack of appropriation unless the President shall have 

4 specifically requested such appropriation as a part of 

5 the budgetary process and the Congress shall have 

6 failed to make available such requested appropria7 tion. 

8 ‘‘(3) EXEMPTION TIME LIMIT.—Any exemption 

9 granted under paragraph (1) shall be for a period 

10 not in excess of one year, but additional exemptions 

11 may be granted for periods not to exceed one year 

12 upon the President’s making a new determination. 

13 ‘‘(4) REPORT ON EXEMPTIONS.—The President 

14 shall report each January to the Congress all exemp15 tions from the requirements of this subtitle granted 

16 during the preceding calendar year, together with 

17 his reason for granting each such exemption. 

18 ‘‘(e) REVIEW OF, AND REPORT ON, FEDERAL UN19 DERGROUND STORAGE TANKS.—

20 ‘‘(1) REVIEW.— Not later than 9 months after 

21 the date of enactment of this subsection, the Admin22 istrator, in cooperation with each Federal agency 

23 that owns or operates 1 or more underground stor24 age tanks or that manages land on which 1 or more 

25 underground storage tanks are located, shall review 
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1 the status of compliance of those underground stor2 age tanks with this subtitle. 

3 ‘‘(2) IMPLEMENTATION REPORT.—

4 ‘‘(A) IN GENERAL.—Not later than 18 

5 months after the date of enactment of this sub6 section, each Federal agency described in para7 graph (1) shall submit to the Administrator and 

8 to each State in which an underground storage 

9 tank described in paragraph (1) is located an 

10 implementation report that—

11 ‘‘(i) lists the location and owner of 

12 each underground storage tank described 

13 in paragraph (1) that, as of the date of 

14 submission of the report, is not in compli15 ance with this subtitle; 

16 ‘‘(ii) specifies the date of the last in17 spection by a State or Federal inspector of 

18 each underground storage tank described 

19 in clause (i); 

20 ‘‘(iii) lists each violation of this sub21 title respecting any underground storage 

22 tank described in clause (i); and 

23 ‘‘(iv) describes the actions that have 

24 been and will be taken to ensure compli-
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1 ance by the underground storage tank with 

2 this subtitle. 

3 ‘‘(B) PUBLIC AVAILABILITY.— The Admin4 istrator shall make each report received under 

5 subparagraph (A) available to the public 

6 through electronic means. 

7 ‘‘(3) NOT A SAFE HARBOR.—This subsection 

8 does not relieve any person from any obligation or 

9 requirement under this subtitle.’’. 

10 SEC. 8. TANKS UNDER THE JURISDICTION OF INDIAN 

11 TRIBES. 

12 Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 

13 6991 et seq.) is amended by inserting after section 9011 

14 (as added by section 6(a)) the following: 

15 ‘‘SEC. 9012. TANKS UNDER THE JURISDICTION OF INDIAN 

16 TRIBES. 

17 ‘‘(a) STRATEGY.—The Administrator, in coordination 

18 with Indian tribes, shall take each of the following actions: 

19 ‘‘(1) Not later than 1 year after the date of en20 actment of this section, the Administrator shall de21 velop and implement a strategy— 

22 ‘‘(A) giving priority to releases that 

23 present the greatest threat to human health or 

24 the environment, to take necessary corrective 

25 action in response to releases from leaking un-
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1 derground storage tanks located wholly within 

2 the boundaries of—

3 ‘‘(i) an Indian reservation; or 

4 ‘‘(ii) any other area under the juris5 diction of an Indian tribe; and 

6 ‘‘(B) to implement and enforce require7 ments concerning underground storage tanks 

8 located wholly within the boundaries of—

9 ‘‘(i) an Indian reservation; or 

10 ‘‘(ii) any other area under the juris11 diction of an Indian tribe; and 

12 ‘‘(2) Not later than 2 years after the date of 

13 enactment of this section and every 2 years there14 after, the Administrator shall submit to Congress a 

15 report that summarizes the status of implementation 

16 and enforcement of the leaking underground storage 

17 tank program in areas located wholly within—

18 ‘‘(A) the boundaries of Indian reservations; 

19 and 

20 ‘‘(B) any other areas under the jurisdiction 

21 of an Indian tribe. 

22 ‘‘(3) The Administrator shall make the report 

23 described in paragraph (2) available to the public on 

24 the Internet. 
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1 ‘‘(b) NOT A SAFE HARBOR.—This section does not 

2 relieve any person from any obligation or requirement 

3 under this subtitle. 

4 ‘‘(c) STATE AUTHORITY.—Nothing in this section ap5 plies to any underground storage tank that is located in 

6 an area under the jurisdiction of a State, or that is subject 

7 to regulation by a State, as of the date of enactment of 

8 this section.’’. 

9 SEC. 9. STATE AUTHORITY. 

10 Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 

11 6991 et seq.) (as amended by section 8) is amended by 

12 adding a the end the following: 

13 ‘‘SEC. 9013. STATE AUTHORITY. 

14 ‘‘Nothing in this subtitle precludes a State from es15 tablishing any requirement that is more stringent than a 

16 requirement under this subtitle.’’. 

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

18 Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 

19 6991 et seq.) (as amended by section 9) is amended by 

20 adding at the end the following: 

21 ‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There are authorized to be appropriated to the Ad23 ministrator the following amounts: 
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1 ‘‘(1) To carry out subtitle I (except sections 

2 9003(h), 9005(a), 9011 and 9012) $2550,000,000 

3 for each of fiscal years 2005 through 2009. 

4 ‘‘(2) From the Trust Fund, notwithstanding 

5 section 9508(c)(1) of the Internal Revenue Code of 

6 1986: 

7 ‘‘(A) to carry out section 9003(h) (except 

8 section 9003(h)(12)) $200,000,000 for each of 

9 fiscal years 2005 through 2009; 

10 ‘‘(B) to carry out section 9003(h)(12), 

11 $200,000,000 for each of fiscal years 2005 

12 through 2009; 

13 ‘‘(C) to carry out section 9005(a) and 

14 9006(f)—

15 ‘‘(i) $60,000,000 for each of fiscal 

16 years 2005 and 2006; and 

17 ‘‘(ii) $40,000,000 for each of fiscal 

18 years 2007 through 2009; and 

19 ‘‘(D) to carry out section 9011 and 9012 

20 (except for activities where funds are made 

21 available under 9005(c)) $100,000,000 for each 

22 of fiscal years 2005 through 2009.’’. 

23 SEC. 11. CONFORMING AMENDMENTS. 

24 (a) IN GENERAL.—Section 9001 of the Solid Waste 

25 Disposal Act (42 U.S.C. 6991) is amended as follows: 
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1 (1) By striking ‘‘For the purposes of this sub2 title—’’ and inserting ‘‘In this subtitle’’. 

3 (2) By redesignating paragraphs (1), (2), (3), 

4 (4), (5), (6), (7), and (8) as paragraphs (10), (7), 

5 (4), (3), (8), (5), (2), and (6), respectively. 

6 (3) By inserting before paragraph (2) (as redes7 ignated by paragraph (2)) the following: 

8 ‘‘(1) INDIAN TRIBE.—

9 ‘‘(A) IN GENERAL.— The term ‘Indian 

10 tribe’ means any Indian tribe, band, nation, or 

11 other organized group or community that is rec12 ognized as being eligible for special programs 

13 and services provided by the United States to 

14 Indians because of their status as Indians. 

15 ‘‘(B) INCLUSIONS.—The term ‘Indian 

16 tribe’ includes an Alaska Native village age, as 

17 defined in or established under the Alaska Na18 tive Claims Settlement Act (43 U.S.C. 1601 et 

19 seq.); and’’. 

20 (4) By inserting after paragraph (8) (as redes21 ignated by paragraph (2)) the following: 

22 ‘‘(9) TRUST FUND.— The term ‘Trust Fund’ 

23 means the Leaking Underground Storage Tank 

24 Trust Fund established by section 9508 of the Inter25 nal Revenue Code of 1986.’’. 
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1 (b) CONFORMING AMENDMENTS.—The Solid Waste 

2 Disposal Act is amended as follows: 

3 (1) Section 9003(f) (42 U.S.C. 6991b(f)) is 

4 amended—

5 (A) in paragraph (1), by striking 

6 ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 

7 (B) in paragraphs (2) and (3), by striking 

8 ‘‘9001(2)(A)’’ each place it appears and insert9 ing ‘‘9001(7)(A)’’. 

10 (2) Section 9003(h) (42 U.S.C. 6991b(h)) is 

11 amended in paragraphs (1), (2)(C), (7)(A), and (11) 

12 by striking ‘‘Leaking Underground Storage Tank 

13 Trust Fund’’ each place it appears and inserting 

14 ‘‘Trust Fund’’. 

15 (3) Section 9009 (42 U.S.C. 6991h) is amend16 ed—

17 (A) in subsection (a), by striking 

18 ‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 

19 (B) in subsection (d), by striking ‘‘section 

20 9001(1) (A) and (B)’’ and inserting ‘‘subpara21 graphs (A) and (B) of section 9001(10)’’. 

22 SEC. 12. TECHNICAL AMENDMENTS. 

23 The Solid Waste Disposal Act is amended as follows: 

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1 (1) Section 9001(4)(A) (42 U.S.C. 6991(4)(A)) 

2 (as amended by section 9(a)(2)) is amended by 

3 striking ‘‘substances’’ and inserting ‘‘substances’’. 

4 (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) 

5 is amended by striking ‘‘subsection (c) and (d) of 

6 this section’’ and inserting ‘‘subsections (c) and 

7 (d)’’. 

8 (3) Section 9004(a) (42 U.S.C. 6991c(a)) is 

9 amended by striking ‘‘in 9001(2) (A) or (B) or 

10 both’’ and inserting ‘‘in subparagraph (A) or (B) of 

11 section 9001(7)’’. 

12 (4) Section 9005 (42 U.S.C. 6991d) (as amend13 ed by section 3) is amended—

14 (A) in subsection (b), by striking ‘‘study 

15 taking’’ and inserting ‘‘study, taking’’; 

16 (B) in subsection (c)(1), by striking ‘‘rel17 evant’’ and inserting ‘‘relevant’’; and 

18 (C) in subsection (c)(4), by striking ‘‘Envi19 ronmental’’ and inserting ‘‘Environmental’’.

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