I
105TH CONGRESS
2D SESSION
H. R. 3262
To reauthorize the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 25, 1998
Mr. PALLONE (for himself, Mr. LEWIS of Georgia, Mr. WAXMAN, Mr. MAR-
KEY, Ms. FURSE, Mr. PAYNE, Mr. RUSH, Ms. DEGETTE, Mr. HINCHEY,
Ms. MCKINNEY, Mrs. CLAYTON, Mrs. LOWEY, Mr. SERRANO, Mr.
VENTO, Ms. CHRISTIAN-GREEN, Mr. WEXLER, Mr. BERMAN, Mr. DIXON,
Ms. JACKSON-LEE of Texas, Mr. EVANS, Ms. PELOSI, Ms. DELAURO,
Mr. GEJDENSON, Mr. JACKSON of Illinois, Mr. FROST, Mr. YATES, Mr.
KENNEDY of Massachusetts, Mr. OLVER, Mr. KUCINICH, Mr. NEAL of
Massachusetts, Ms. MILLENDER-MCDONALD, Mr. GUTIERREZ, Mr.
OWENS, Mr. SANDERS, Mr. BROWN of California, Mr. DAVIS of Illinois,
Mr. MCGOVERN, Mr. LANTOS, Mr. STARK, Mr. BARRETT of Wisconsin,
Mr. DELAHUNT, Mr. CONYERS, Mr. MILLER of California, and Mr. FARR
of California) introduced the following bill; which was referred to the
Committee on Commerce, and in addition to the Committees on Trans-
portation and Infrastructure, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
To reauthorize the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Children’s Protection
and Community Cleanup Act of 1998’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
TITLE I—REMEDY
Sec. 101. Amendments relating to selection of remedial action.
Sec. 102. Authorities for institutional controls.
Sec. 103. Amendments relating to response authorities.
TITLE II—COMMUNITY PARTICIPATION AND HUMAN HEALTH
Subtitle A—Community Participation
Sec. 201. Definitions.
Sec. 202. Public participation.
Sec. 203. Community Information and Access Offices.
Sec. 204. Community Advisory Groups.
Sec. 205. Technical outreach services for communities.
Sec. 206. Recruitment and training program.
Subtitle B—Human Health
Sec. 211. Disease registry and health care providers.
Sec. 212. Substance profiles.
Sec. 213. Exposure levels.
Sec. 214. Health studies.
Sec. 215. Relocation of individuals.
Sec. 216. Grant awards, contracts, and community assistance activities.
Sec. 217. Indian health provisions.
Sec. 218. Public health recommendations in remedial actions.
Subtitle C—General Provisions
Sec. 221. Transition.
TITLE III—RIGHT TO KNOW
Sec. 301. Right to know.
Sec. 302. Unstudied chemical release forms.
TITLE IV—ENVIRONMENTAL JUSTICE
Sec. 401. Environmental justice.
TITLE V—CHILDREN’S ENVIRONMENTAL HEALTH
Sec. 501. Children’s environmental health.
TITLE VI—BROWNFIELD REMEDIATION AND ENVIRONMENTAL
CLEANUP
Subtitle A—Brownfields
Sec. 601. Brownfields title.
Sec. 602. Research, development, and demonstration.
Sec. 603. Assistance for workforce training.
Subtitle B—Innocent Landowners and Prospective Purchaser Liability
Sec. 621. Innocent landowners.
Sec. 622. Limitations on liability for response costs for prospective purchasers.
Sec. 623. Contiguous or nearby properties.
Subtitle C—Department of Housing and Urban Development Brownfield
Grants
Sec. 631. Economic development grants in connection with community develop-
ment loan guarantees.
TITLE VII—NATURAL RESOURCE DAMAGES
Sec. 701. Liability for natural resources damages.
Sec. 702. Limitations on liability.
Sec. 703. Damage assessment.
Sec. 704. Standard of review.
Sec. 705. Contaminated sediments.
Sec. 706. Recruitment and training program.
Sec. 707. Statute of limitations.
Sec. 708. Archaeological resources.
Sec. 709. Citizen suits.
Sec. 710. Transition rules.
TITLE VIII—FEDERAL FACILITIES
Sec. 801. Federal entities and facilities.
Sec. 802. Adjoining states.
Sec. 803. Enforceability of Federal compliance agreements.
TITLE IX—LIABILITY
Sec. 901. Liability exemptions.
TITLE X—FUNDING
Sec. 1001. Authorization of appropriations.
Sec. 1002. Agency for toxic substances and disease registry.
Sec. 1003. Limitations on research, development, and demonstration programs.
Sec. 1004. Authorization of appropriations from general revenues.
Sec. 1005. Additional limitations.
Sec. 1006. Worker training and education grants.
Sec. 1007. Extension of Hazardous Substance Superfund.
TITLE XI—MISCELLANEOUS
Sec. 1101. Penalties.
Sec. 1102. Employee protection.
Sec. 1103. Radioactively contaminated sites.
TITLE I—REMEDY
SEC. 101. AMENDMENTS RELATING TO SELECTION OF RE-
MEDIAL ACTION.
(a) AMENDMENTS TO GENERAL RULES.—(1) Section
121(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(b)) is amended in paragraph (1)—
(A) by striking ‘‘In making such assessment’’
and all that follows through ‘‘or containment.’’ at
the end of subparagraph (G); and
(B) by inserting after ‘‘to the maximum extent
practicable.’’ the following: ‘‘Remedial actions shall
make contaminated property available for beneficial
use to the maximum extent practicable. Wherever
technically feasible, remedial actions shall protect
uncontaminated ground water and surface water,
and restore contaminated ground water and surface
water to beneficial uses in a time period that is rea-
sonable given the particular circumstances of the re-
lease.’’.
(2) Section 121(b) of such Act is further amended—
(A) by redesignating paragraph (2) as para-
graph (3); and
(B) by inserting after paragraph (1) the follow-
ing:
‘‘(2) In assessing alternative remedial actions and in
selecting a remedial action, the President shall comply
with paragraph (1) and, at a minimum, take into account
each of the following:
‘‘(A) The effectiveness of the remedy in protect-
ing human health and the environment, including
consideration of fetuses, children, and other highly
exposed, highly susceptible, or differentially suscep-
tible subpopulations.
‘‘(B) The ability of the remedy to maintain a
consistent level of protection of human health and
the environment over the long term, considering the
preference for treatment set forth in the first sen-
tence of paragraph (1) of this subsection, the long-
term uncertainty associated with containment and
institutional controls, and the consequences of rem-
edy failure.
‘‘(C) Any short-term risk posed by the imple-
mentation of the remedy to the affected community,
to those engaged in the cleanup effort, and to the
environment.
‘‘(D) The implementability of the remedy.
‘‘(E) The acceptability of the remedy to the af-
fected community.
‘‘(F) Any consensus recommendation of the
Community Advisory Group with respect to land
use.
‘‘(G) The potential for future remedial action
costs if the alternative remedial action in question
were to fail.
‘‘(H) The acceptability of the remedy to the
State in which the facility is located or to the Indian
Tribe if the facility is located in Indian country (as
defined in section 1151 of title 18 United States
Code).
‘‘(I) Other environmental exposures to hazard-
ous substances, pollutants, or contaminants in the
affected community, including those identified under
section 117(k).’’.
(b) AMENDMENT OF SITE REVIEW REQUIREMENT.—
Section 121(c) of such Act is amended by striking in the
first sentence ‘‘the initiation of’’ and inserting ‘‘construc-
tion and installation of equipment and structures to be
used for’’ and by adding the following after the first sen-
tence: ‘‘The President shall review the effectiveness of,
legal efficacy of, and compliance with any institutional
controls related to the remedial action during the review.’’.
(c) AMENDMENTS RELATING TO DEGREE OF CLEAN-
UP.—
(1) Section 121(d) of such Act is amended—
(A) by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (4), and (5), respec-
tively; and
(B) by inserting after paragraph (1) the
following:
‘‘(2) Unless the President determines that a
risk-based standard for a contaminant is based on
data and assumptions that are clearly adequate to
assure that the standard will be protective of chil-
dren’s health, the remedial action selected by the
President shall, to the maximum extent technically
feasible, reduce contamination to background levels
(where more stringent) with respect to that contami-
nant. The President may not select a remedial ac-
tion that allows hazardous substances, pollutants, or
contaminants to remain on site at a facility above
levels that would be protective for unrestricted use
unless institutional controls are incorporated into
the remedial action to achieve protection of human
health and the environment during and after comple-
tion of the remedial action in accordance with sub-
section (g).’’.
(2) Subparagraph (A) of section 121(d)(3) of
such Act, as so redesignated, is amended as follows:
(A) By inserting after ‘‘is legally applica-
ble’’ the following: ‘‘to the conduct or operation
of the remedial action or’’.
(B) By inserting ‘‘or Tribal’’ after ‘‘a
State’’ and after ‘‘such State’’ and by inserting
‘‘or Tribe’’ after ‘‘the State’’.
(3) Subsection (d)(3) of such Act, as so redesig-
nated, is amended—
(A) by redesignating subparagraphs (B)
and (C) as subparagraphs (C) and (D), respec-
tively; and
(B) by inserting after subparagraph (A)
the following new subparagraph:
‘‘(B)(i) In the case of a remedial action for which
the President makes a determination described in clause
(ii), the President shall ensure that the remedial action
attains levels or standards of control that are protective
of human health and the environment.
‘‘(ii) The determination referred to in clause (i) is a
determination by the President with respect to a remedial
action that—
‘‘(I) no applicable Federal, State, or Tribal
standard, requirement, criteria, or limitation has
been established for a specific hazardous substance,
pollutant, or contaminant present at the facility at
which the remedial action is being undertaken; or
‘‘(II) in the case of a remedial action at a facil-
ity where there are multiple hazardous substances,
pollutants, or contaminants, the remedial action is
not protective of human health and the environment
even though applicable standards, requirements, cri-
teria, or limitations would be attained.
‘‘(iii) In the case of a remedial action for a release
or threatened release of a hazardous substance, pollutant,
or contaminant into a source of drinking water, if the
President makes a determination described in clause
(ii)(I), the President shall consider proposed maximum
contaminant level goals under the Safe Drinking Water
Act, health advisories, and other relevant information in
ensuring that the remedial action attains levels or stand-
ards of control that are protective of human health and
the environment.’’.
(4) Subparagraph (D) of section 121(d)(3) of
such Act, as so redesignated, is amended by striking
clause (iv).
(5) Section 121(d)(5) of such Act, as so redes-
ignated, is amended—
(A) in the matter preceding subparagraph
(A)—
(i) by striking ‘‘paragraph (1)’’ and
inserting ‘‘paragraphs (1) and (2)’’;
(ii) by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraph (3)’’;
(B) by striking subparagraph (C);
(C) by redesignating subparagraphs (A),
(B), (D), (E), and (F) as clauses (i), (ii), (iii),
(iv), and (v), respectively;
(D) by capitalizing the first word in each
of those clauses (as so redesignated);
(E) by striking the semicolon and inserting
a period at the end of each of clauses (i), (ii),
and (iii) (as so redesignated);
(F) by striking ‘‘; or’’ at the end of clause
(iv) (as so redesignated) and inserting a period;
(G) by striking ‘‘President finds that—’’
and inserting ‘‘President finds any of the fol-
lowing:’’;
(H) by inserting ‘‘(A)’’ before ‘‘The Presi-
dent may select’’;
(I) by designating the text following clause
(v) (as so redesignated) as subparagraph (B);
and
(J) by adding at the end the following new
subparagraph:
‘‘(C) In any case where the President, in making a
finding pursuant to this paragraph, waives any require-
ment, standard, criteria, or limitation specified under
paragraph (3)(A) relating to contaminated ground water
or surface water, the President shall select an appropriate
remedy for contaminated ground water or surface water
which meets, at a minimum, the following requirements:
‘‘(i) Prevention or elimination of any human in-
gestion of or exposure to water containing any haz-
ardous substance, pollutant, or contaminant at levels
in excess of the levels specified under paragraph
(3)(A) including, as appropriate, the provision of an
alternate water supply.
‘‘(ii) To the extent technically feasible, contain-
ment and treatment of source areas that may con-
tinue to release hazardous substances, pollutants, or
contaminants to ground or surface waters.
‘‘(iii) Unless technically infeasible, prevention of
further contamination or impairment of any surface
water designated use established under section 303
of the Federal Water Pollution Control Act caused
by such hazardous substance, pollutant, or contami-
nant in any surface water body into which such con-
taminated ground water is known or expected to
enter.
‘‘(iv) Unless technically infeasible, containment
of ground water contamination, except where limited
migration of contamination is necessary to facilitate
restoration of ground water to beneficial use.
‘‘(v) Provision for long-term monitoring of such
ground water until contaminants are no longer
present (including any information needed for the
purposes of review under subsection (c)).
‘‘(vi) Assurance that, if the President has se-
lected alternative sources of water supply or methods
of treating contaminated water, including point-of-
entry treatment, the party or parties otherwise re-
sponsible for remediation shall assume responsibility
and liability for providing water for domestic use
meeting the requirements of levels specified in para-
graph (3)(A), including all associated incremental
costs for operation, maintenance, and delivery of
water for present and anticipated future domestic
uses until such time as the level of contamination is
consistently below the levels specified by paragraph
(3)(A).’’.
(d) INSTITUTIONAL CONTROLS.—Section 121 of such
Act is further amended by adding at the end the following
new subsection:
‘‘(g) INSTITUTIONAL CONTROLS.—
‘‘(1) REQUIREMENT
FOR
USE
OF
INSTITU-
TIONAL CONTROLS IN CERTAIN CIRCUMSTANCES.—
The President may not select a remedial action that
allows hazardous substances, pollutants, or contami-
nants to remain at a facility above levels that would
be protective for unrestricted use unless institutional
controls meeting the requirements of section 104 are
incorporated into the remedial action. Whenever
such controls are selected, the President shall ensure
that the terms of the controls are specified in all ap-
propriate decision documents, enforcement orders,
and public information regarding the site. The
President may use institutional controls as a supple-
ment to, but not as a substitute for, other response
measures under this Act.
‘‘(2) ASSURANCES.—In any case in which the
President selects a response action that relies on in-
stitutional controls to provide protection, the Presi-
dent shall—
‘‘(A) ensure that such controls are ade-
quate to protect, over the long term, human
health and the environment, including fetuses,
children, and other highly exposed, highly sus-
ceptible, or differentially susceptible subpopula-
tions;
‘‘(B) require measures to ensure that such
controls will be appropriately implemented,
monitored, and enforced;
‘‘(C) ensure that such controls are devel-
oped in consultation with and are acceptable to
the affected community;
‘‘(D) upon adoption of such controls, en-
sure that public notice is given and that the
controls are identified in the register estab-
lished under section 104(k)(2)(H) and incor-
porated in the recordation systems of the ap-
propriate jurisdiction in which the property is
located; and
‘‘(E) ensure that such controls shall re-
main in effect until terminated in accordance
with section 104(k)(2)(F).
‘‘(3) USE OF INSTITUTIONAL CONTROLS.—
‘‘(A) TERMS OF CONTROLS TO BE SPECI-
FIED IN DECISION DOCUMENTS.—Whenever in-
stitutional controls are selected as a component
of a response action, the President shall ensure
that the terms of the controls are specified in
all appropriate decision documents, enforcement
orders, and public information regarding the
site. At a minimum, the President shall specify
the government official who is primarily respon-
sible for monitoring and enforcing the institu-
tional controls. Each record of decision with re-
spect to a facility shall clearly identify any in-
stitutional controls that restrict uses of land or
other resources or other activities at the facility.
‘‘(B) CHANGES IN CONTROLS.—Any such
change shall be undertaken consistent with sec-
tion 117 and notice shall be given pursuant to
the requirements of section 104.
‘‘(4) FACILITY FUND.—
‘‘(A) IN GENERAL.—In the case of a facil-
ity for which the selected remedial action is
containment or which otherwise results in haz-
ardous substances, pollutants, or contaminants
remaining on site above levels that would allow
for unrestricted use of the facility, a fund shall
be established specifically for that facility in an
amount sufficient to guarantee successful per-
formance of a remedy at the facility and, to the
extent technically feasible, future beneficial
reuse. The fund shall consist of amounts depos-
ited into it by potentially responsible parties.
‘‘(B) 
USE
OF
FACILITY
FUND.—The
amounts in the fund shall be used at the facility
for (i) costs of any response necessary in the
event that the remedial action is not protective
of human health and the environment; and (ii)
costs of any further reductions in the volume,
toxicity, or mobility of any hazardous sub-
stance, pollutant, or contaminant remaining on
site that are facilitated by the development of
new technologies. Such costs shall be response
costs under section 107(a). The President may,
in his discretion, require a fund to be estab-
lished as a condition of settlement under section
122.
‘‘(5) REPORT
TO
CONGRESS.—The Adminis-
trator shall, on March 1, 1999, and annually there-
after, report to Congress for each record of decision
signed during the previous fiscal year, the type of in-
stitutional controls and media affected, and the in-
stitution designated to monitor, enforce, and ensure
compliance with the institutional controls.’’.
(e) 
PROCEDURAL
REQUIREMENTS; 
ENFORCE-
MENT.—Section 121(e)(1) is amended by adding the fol-
lowing at the end thereof: ‘‘Except for recordkeeping and
reporting, procedural requirements of State laws shall not
apply to the portion of any removal or remedial action con-
ducted entirely onsite.’’.
(f) DEFINITION
OF TECHNICALLY INFEASIBLE.—
Section 121 of such Act is further amended by adding at
the end the following new subsection:
‘‘(h) DEFINITIONS.—
‘‘(1) The term ‘technically infeasible’ means
that a technology or combination of technologies
that would be able to achieve a required outcome
does not exist.
‘‘(2) The term ‘maximum extent technically fea-
sible’ means that to the extent that a technology or
combination of technologies that is able to achieve a
required outcome exists, it should be used to its full-
est ability to achieve that required outcome.’’.
(g) TRANSITION.—
(1) EFFECTIVE DATE.—This section, and the
amendments made by this section, shall become ef-
fective 180 days after the date of enactment of this
Act. Remedies selected under the Comprehensive
Environmental Response, Compensation, and Liabil-
ity Act of 1980 following that effective date shall be
selected as provided in section 121(b) of that Act (as
amended by this Act) and subject to the Federal and
State requirements specified in paragraphs (2) and
(3) of section 121(d) of that Act (as amended by
this Act).
(2) PRIOR RODS.—(A) Nothing in this Act shall
place upon the Administrator an obligation to reopen
a record of decision signed prior to the effective date
of this section.
(B) If, pursuant to section 117 of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980, the Administrator deter-
mines that a change to a record of decision signed
prior to the effective date of this section is nec-
essary, the Administrator may apply the rules in ef-
fect at the time the original record of decision was
signed.
SEC. 102. AUTHORITIES FOR INSTITUTIONAL CONTROLS.
Section 104 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9604) is amended by adding at the end the follow-
ing:
‘‘(k) INSTITUTIONAL CONTROL INSTRUMENTS.—
‘‘(1) IN GENERAL.—In any response action that
includes institutional controls, the President shall
use one or more of the types of institutional control
instruments under paragraph (3). Any institutional
control instrument that is used in a response action
shall meet the criteria of paragraph (2). Any institu-
tional control instrument may include terms regard-
ing site access by persons involved in carrying out
the response action.
‘‘(2) CRITERIA.—
‘‘(A) CONTENT OF INSTRUMENTS.—An in-
stitutional control instrument shall contain, at a
minimum—
‘‘(i) a legal description of the property
affected;
‘‘(ii) the name or names of any cur-
rent owner or owners of the property as re-
flected in public land records;
‘‘(iii) a description of the release or
threatened release; and
‘‘(iv) a statement as to the nature of
the restriction, limitation, or control cre-
ated by the institutional control instru-
ment.
‘‘(B) USE
RESTRICTION
NOTICE.—If the
President adopts an institutional control instru-
ment (or, in the case of an assignable instru-
ment, assigns it to another party), the Presi-
dent shall record a notice of property use re-
striction in the public land records for the juris-
diction in which the affected property is located.
Such a notice shall specify restrictions, limita-
tions, or controls on the use of the land or
other natural resources provided for in the in-
stitutional control instrument. If a particular
institutional control instrument applies to a
large number of properties such that compli-
ance with this notice requirement is impractical,
the President may substitute another mecha-
nism for providing continuing notice of property
use restriction.
‘‘(C) FILING OF NOTICE.—If recording in
the public land records is required under this
subsection, the President shall file the notice or
other document in the appropriate office within
the State (or governmental subdivision) in
which the affected property is located, as des-
ignated by State law. If the State has not by
law designated one office for the recording of
interests in real property or claims or rights
burdening real property, the notice or other
document shall be filed in the office of the clerk
of the United States district court for the dis-
trict in which the affected property is located
and the registry established under subpara-
graph (H).
‘‘(D) PERSONS
SUBJECT
TO
INSTRU-
MENTS.—An institutional control instrument
shall be enforceable in perpetuity (unless termi-
nated and released as provided for in this sec-
tion) against any holder of an interest in the af-
fected property at the time the instrument is
adopted and all persons who subsequently ac-
quire an interest in the property or rights to
use the property, including lessees, licensees,
and any other person with an interest in the
property. In the case of easements, such ease-
ments shall apply without respect to privity or
lack of privity of estate or contract, lack of ben-
efit running to any other property, assignment
of the easement to another party or sale or
other transfer of the burdened property, or any
other circumstance which might otherwise af-
fect the enforceability of easements or similar
deed restrictions under the laws of the State.
The instrument shall be binding upon holders
of any other interests in the property regardless
of whether such interests are recorded or
whether they were recorded prior or subsequent
to adoption of the instrument, and shall remain
in effect notwithstanding any foreclosure or
other assertion of such interests.
‘‘(E) ENFORCEMENT.—
‘‘(i) EFFECT OF VIOLATIONS.—Viola-
tion of any restriction, limitation, or con-
trol imposed under an institutional control
instrument shall have the same effect as
failure to comply with an order issued
under section 106 and relief may be sought
either in enforcement actions under section
106(b)(1), 
by 
States 
under 
section
121(e)(2), or in citizen suits under section
310. No citizen suit under section 310 to
enforce such an instrument may be com-
menced if the holder of the easement has
commenced and is diligently prosecuting
an action in court to enforce the easement.
‘‘(ii) ENFORCEMENT
ACTIONS.—The
President may take appropriate enforce-
ment actions to ensure compliance with the
terms of the instrument whenever the Ad-
ministrator of the Environmental Protec-
tion Agency determines that the terms set
forth in the instrument are being violated.
‘‘(iii) SAVINGS
CLAUSE.—Nothing in
this section shall limit rights or remedies
available under other laws.
‘‘(F) TERMINATION OR MODIFICATION OF
INSTITUTIONAL
CONTROL
INSTRUMENTS.—An
institutional control instrument adopted under
this subsection shall remain in force until the
instrument is modified or terminated by or with
the approval of the Administrator upon a deter-
mination that the instrument is no longer need-
ed to protect human health and the environ-
ment, including fetuses, children, and other
highly exposed, highly susceptible, or differen-
tially susceptible subpopulations. Such modifica-
tion or termination shall be recorded in the
same manner as the original instrument.
‘‘(G) PUBLIC NOTICE.—Not later than 180
days after the date of the enactment of this
subsection, the President shall issue regulations
regarding the procedures to be used for public
notice of proposed property use restrictions and
institutional control instruments and any termi-
nation or modification thereof. Such regulations
shall ensure that before acquiring an institu-
tional control instrument, and before recording
any notice of such instrument, the President
will give notice and an opportunity to comment
to the owner of the affected property, all other
persons with recorded interests in the property,
any lessees or other authorized occupants of the
property known to the President, the State and
any municipalities in which the property is lo-
cated, any relevant community advisory group
established under section 117, the affected com-
munity and the general public.
‘‘(H) REGISTRY OF INSTITUTIONAL CON-
TROLS.—The President shall maintain a reg-
istry of all property at which institutional con-
trols have been established in connection with
any response action under this Act. The reg-
istry shall identify the property and the nature
or form of the institutional controls, including
any subsequent changes in the nature or form
of such controls. Where this section refers to
the filing of any document in the local land
records, if the State has not by law designated
one office for the recording of interests in real
property or claims or rights burdening real
property, or if the procedures maintained by the
designated office do not allow for the filing of
such a document, the document shall be filed in
this registry.
‘‘(3) TYPES OF INSTRUMENTS.—
‘‘(A) EASEMENTS.—
‘‘(i) AUTHORITY
TO
ACQUIRE
EASE-
MENTS.—In connection with any response
action under this Act, in order to prevent
exposure to, reduce the likelihood of, or
otherwise respond to a release or threat-
ened release of a hazardous substance, pol-
lutant, or contaminant, the President may
acquire, at fair market value, or for other
consideration as agreed to by the parties,
a hazardous substance easement which re-
stricts, limits, or controls the use of land
or other natural resources, including speci-
fying permissible or impermissible uses of
land, prohibiting specified activities upon
property, prohibiting the drilling of wells
or use of ground water, or restricting the
use of surface water.
‘‘(ii) USE OF EASEMENTS.—A hazard-
ous substance easement under this sub-
section may be used wherever institutional
controls have been selected as a component
of a response action.
‘‘(iii) METHODS OF ACQUIRING EASE-
MENTS.—The President may acquire a
hazardous substance easement by purchase
or other agreement, by condemnation, or
by any other means permitted by law.
Compensation for such easement shall be
at fair market value, or for other consider-
ation as agreed to by the parties, for the
interest acquired. For an easement ac-
quired from entities that are not respon-
sible parties, valuation of such easement
shall be based on the value of the property
in an uncontaminated condition. The costs
of obtaining, ensuring adequate public no-
tice of, and otherwise tracking and main-
taining the protections afforded by the
easements shall be considered response
costs which are recoverable under this Act.
‘‘(iv) ASSIGNMENT OF EASEMENTS TO
PARTIES OTHER THAN THE PRESIDENT.—
‘‘(I) AUTHORITY
TO
ASSIGN.—
The President may, where appropriate
and with the consent of the State, as-
sign an easement acquired under this
subsection to a State that has the ca-
pacity to effectively enforce the ease-
ment over the period of time during
which the easement is in effect. In the
case of any assignment, the easement
shall also be fully enforceable by the
assignee. Any assignment of such an
easement by the President may be
made by following the same proce-
dures as are used for the transfer of
an interest in real property to a State
under section 104(j).
‘‘(II) 
EASEMENTS
HELD
BY
OTHER
PERSONS.—Any interest in
property granted to a State, an Indian
Tribe, or another governmental entity
or other person which restricts, limits,
or controls the use of land or other
natural resources in order to prevent
exposure to, reduce the likelihood of,
or otherwise respond to, a release or
threatened release of a hazardous sub-
stance, pollutant, or contaminant, and
which is expressly designated in writ-
ing as a hazardous substance ease-
ment within the meaning of this para-
graph, shall create the same rights,
have the same legal effect, and be en-
forceable in the same manner as a
hazardous substance easement ac-
quired by the President regardless of
whether the interest in property is
otherwise denominated as an ease-
ment, covenant, or any other form of
property right.
‘‘(v) APPLICABILITY OF OTHER PROVI-
SIONS.—Holding a hazardous substance
easement shall not in itself subject either
the holder thereof or the owner of the af-
fected property to liability under section
107. Any such easement acquired by the
President shall not be subject to the re-
quirements of subsection (j)(2) or section
120(h). Nothing in this subsection limits
or modifies the authority of the President
pursuant to subsection (j)(1).
‘‘(B) ORDER IMPOSING RESTRICTIONS.—In
connection with any response action under this
Act, in order to prevent exposure to, reduce the
likelihood of, or otherwise respond to a release
or threatened release of a hazardous substance,
pollutant, or contaminant, the President may by
order establish appropriate restrictions, limita-
tions, or controls on the use of land or other
natural resources, including specifying permis-
sible or impermissible uses of land, prohibiting
specified activities upon property, prohibiting
the drilling of wells or use of ground water, or
restricting the use of surface water. Any such
order shall be binding on each person who re-
ceives actual notice of the order, and after filing
in the appropriate land records shall be binding
on the owner’s successors, assigns, and lessees,
and on any person who subsequently acquires
an interest in the property. A finding of immi-
nent and substantial endangerment shall not be
required to issue an order under this subpara-
graph.
‘‘(C) STATE INSTITUTIONAL CONTROL IN-
STRUMENTS.—In connection with any response
action under this Act, in order to prevent expo-
sure to, reduce the likelihood of, or otherwise
respond to a release or threatened release of a
hazardous substance, pollutant, or contaminant,
the President may include in a response action
institutional controls adopted pursuant to State
law, if such controls meet all requirements of
paragraph (2) of this subsection.’’.
SEC. 103. AMENDMENTS RELATING TO RESPONSE AU-
THORITIES.
(a) REMOVAL ACTIONS.—Section 104(a)(2) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9604(a)(2)) is
amended by adding at the end the following: ‘‘The Presi-
dent shall ensure that a removal action is not undertaken
in lieu of a long-term remedial action.’’.
(b) FURTHER RESPONSE ACTION.—Section 104(a)
of such Act is amended by adding at the end the following:
‘‘(5) Nothing in this Act shall be interpreted to limit
the authority of the President, subsequent to selection of
a remedial action, to take any further response action nec-
essary to remove or remediate residual hazardous sub-
stances, pollutants, or contaminants where such removal
or remediation is appropriate for the restoration of natural
resources.’’.
TITLE II—COMMUNITY PARTICI-
PATION AND HUMAN HEALTH
Subtitle A—Community
Participation
SEC. 201. DEFINITIONS.
Section 117 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9617) is amended by adding at the end the follow-
ing:
‘‘(j) DEFINITIONS.—
‘‘(1) COVERED FACILITY.—The term ‘covered
facility’ means a facility—
‘‘(A) that has been listed or proposed for
listing on the National Priorities List;
‘‘(B) at which the Administrator is under-
taking an action anticipated to exceed 1 year in
duration, or with respect to which the funding
limit under section 104 of this Act is antici-
pated to be reached; or
‘‘(C) with respect to which the Adminis-
trator of ATSDR has accepted a petition re-
questing a health assessment or related health
activity under section 104(i)(6)(B).
‘‘(2) AFFECTED
COMMUNITY.—The term ‘af-
fected community’ means any group of 2 or more in-
dividuals (including representatives of Indian tribes)
which may be affected by the release or threatened
release of hazardous substances, pollutants, or con-
taminants at a covered facility.
‘‘(3) NOTICE.—The term ‘notice’ means an an-
nouncement, including the date, time, location, and
agenda of any meeting to be held, that is issued
using communications media targeted to residents of
affected communities and posters displayed in public
places within the affected community.’’.
SEC. 202. PUBLIC PARTICIPATION.
(a) TAG GRANTS.—Section 117(e) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9617(e)) is amended to
read as follows:
‘‘(e) GRANTS FOR TECHNICAL ASSISTANCE.—
‘‘(1) AUTHORITY.—In accordance with the rules
promulgated by the Administrator, the Adminis-
trator may make grants available to any Community
Advisory Group or affected community. Such grants
shall be known as Technical Assistance Grants
(‘TAGs’).
‘‘(2) SPECIAL RULES.—No matching contribu-
tion shall be required for a Technical Assistance
Grant. The Administrator may make the lesser of
$10,000 or 10 percent of the total grant amount
available to the grant recipient, in advance of the ex-
penditures to be covered by the grant.
‘‘(3) GRANT AVAILABILITY.—The Administrator
shall promptly notify residents and Indian tribes liv-
ing near a covered facility that a technical assistance
grant is available under this section.
‘‘(4) NUMBER OF TAGS PER FACILITY.—Except
as provided in this paragraph, not more than one
grant may be made at a time under this subsection
with respect to a single covered facility, but the
grant may be renewed to facilitate public participa-
tion at all stages of response action, including oper-
ation and maintenance. Limits shall be established
with respect to the number of years for which grants
may be available based on the duration, type, and
extent of response activity at a covered facility. The
Administrator may provide more than one grant
under this subsection with respect to a single cov-
ered facility, considering such factors as the area af-
fected by the covered facility and the distances be-
tween affected communities.
‘‘(5) FUNDING AMOUNT.—The initial amount of
any grant under this subsection may not exceed
$100,000 (based on fiscal year 1998 constant dol-