Protection of existing claims and lawsuits is a very important provision for all Governors, particularly Governor Marc Racicot of Montana who serves as vice chair of NGA's Committee on Natural Resources. We also suggest that the committee consider removing from the trust fund the prohibition on funding natural resource damage assessments and giving state trustees the right of first refusal to be lead decisionmaker at NPL sites with natural resource damages. We also support retention of nonuse damages. NGA has fought long and hard to have this vitally important provision included in legislative proposals. We believe that by requiring a Governor's concurrence on any new listings, a sufficient and appropriate limitation is placed on new listings.
Further limitations are unnecessary.
Because of differences in capacities among states, the complexities and costs of some cleanups, the availability of responsible parties, enforcement considerations, and other factors, limitations on new listings could result in some sites not being cleaned up. We believe there should be a continuing federal commitment to clean up sites under such circumstances, regardless of whether an arbitrary cap has been exceeded in any given year. The states are interested in working with the committee to resolve our concern. Conclusion Mr. Chairman, I would like to thank you for your hard work on this important reform legislation and for providing me with the opportunity to communicate the views of state government on Superfund reform. We hope that members of both parties will roll up their sleeves to pass Superfund reform legislation.