191
‘‘(4) COST SHARE.—A State may not use funds
provided under this section unless the State provides
assurances that it will pay the amount described in
section 104(c)(3). A State may not use funds appro-
priated to carry out the purposes of this section to
make such payments.
‘‘(5) REIMBURSEMENT FOR REMOVAL ACTIONS
UNDER SECTION 104.—The cost to a State of exer-
cising any delegated removal authority under section
104 shall be reimbursed in accordance with section
123.
‘‘(e) RELATIONSHIP
TO
COOPERATIVE
AGREE-
MENTS.—Nothing in this section shall affect the authority
of the Administrator under section 104(d)(1) of this Act
to enter into a cooperative agreement with a State or polit-
ical subdivision or Indian Tribe.’’.
(b) STATE COST SHARE.—(1) Section 104(c) (42
U.S.C. 9604(c)) is amended by striking paragraph (3) and
inserting the following:
‘‘(3)(A) Neither the Administrator, nor a State
at a facility for which the State has been delegated
authority pursuant to section 131(a) to take reme-
dial action, shall provide any remedial actions pursu-
ant to this section unless the State in which the re-
lease occurs first enters into a contract or coopera-
192
tive agreement with the Administrator providing as-
surances deemed adequate by the Administrator that
the State will pay, in cash or through in-kind con-
tributions, a specified percentage of the costs of the
remedial action and operation and maintenance
costs. The specified percentage shall be 10 percent
except as provided in subparagraph (B).
‘‘(B) Upon receiving a petition from a State,
the Director of the Office of Management and Budg-
et (hereinafter the ‘Director’) shall establish a lower
State cost share percentage to apply in lieu of the
10 percent cost share set forth in subparagraph (A)
for the costs of remedial action and operation and
maintenance costs in the State, and provide notice
and an opportunity for comment. For any petition,
the percentage of the cost share shall be uniform for
all facilities in the State for which a cost share is
required and for which a cost share is established
pursuant to such petition. The Director shall set the
cost share at the percentage rate at which total an-
ticipated payments by the State under the cost share
for all facilities in the State for which a cost share
is required most closely approximate the total esti-
mated cost share payments by the State for such fa-
cilities that would have been required under cost
193
share requirements that were applicable prior to the
date of enactment of this subparagraph, adjusted to
reflect the extent to which the State’s ability to re-
cover costs under this Act have been reduced by rea-
son of the enactment of the Reform of Superfund
Act of 1995. If the cost share computed under this
subparagraph is higher than the cost share specified
in subparagraph (A), the cost share specified in sub-
paragraph (A) shall apply. The Director may adjust
a State’s cost share under this subsection not more
frequently than every 3 years.
‘‘(C) In the case of remedial action to be taken
on land or water held by an Indian Tribe, held by
the United States in trust for Indians, held by a
member of an Indian Tribe (if such land or water
is subject to a trust restriction on alienation), or
otherwise within the borders of an Indian reserva-
tion, the requirements of this paragraph shall not
apply.’’.
(c) RELATIONSHIP
TO
OTHER
LAWS.—Section
114(a) (42 U.S.C. 9614(a)) is amended by striking
‘‘Nothing’’ and inserting the following: ‘‘Except as pro-
vided in paragraphs (1) and (2) of section 131(b), noth-
ing’’.
194
(d) CONFORMING AMENDMENT.—Section 106(a) is
amended by inserting after ‘‘Attorney General of the Unit-
ed States’’ the following: ‘‘(or, in the case of a State dele-
gation under section 131, the appropriate State official)’’.
SEC. 502. NATIONAL PRIORITIES LIST CAP.
(a) CAP.—Section 105 is amended by adding at the
end the following new subsection:
‘‘(h) CAP ON ADDITIONS TO NATIONAL PRIORITIES
LIST.—(1) Notwithstanding any other provision of this
section, the President may not add any facility to the Na-
tional Priorities List after December 31, 2002.
‘‘(2) After the date of the enactment of the Reform
of Superfund Act of 1995 and subject to paragraph (3),
the President may add facilities to the National Priorities
List only in accordance with the following schedule:
‘‘(A) No more than 30 facilities in 1996.
‘‘(B) No more than 25 facilities in 1997.
‘‘(C) No more than 20 facilities in 1998.
‘‘(D) No more than 20 facilities in 1999.
‘‘(E) No more than 10 facilities in 2000.
‘‘(F) No more than 10 facilities in 2001.
‘‘(G) No more than 10 facilities in 2002.
‘‘(3) The President may add a facility in a State
under paragraph (2) only with the concurrence of the
State and the affected local government. For purposes of
195
this paragraph, the term ‘affected local government’
means the elected officials of the city, town, township, bor-
ough, county, or parish exercising primary responsibility
for the use of land on which the facility is located or pro-
posed to be located.
‘‘(4) In determining which facilities shall be added
to the National Priorities List, the President shall place
the highest priority on facilities with releases of hazardous
substances which result in actual ongoing human exposure
at levels resulting in demonstrated adverse health ef-
fects.’’.
(b) CROSS REFERENCE.—Subparagraph (B) of sec-
tion 105(a)(8) is amended by inserting after ‘‘shall revise
the list’’ the following: ‘‘, subject to subsection (h),’’.
SEC. 503. STATE AND LOCAL REIMBURSEMENT FOR RE-
SPONSE ACTIONS.
Section 123 is amended to read as follows:
‘‘SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOV-
ERNMENTS.
‘‘(a) APPLICATION.—Any State or general purpose
unit of local government for a political subdivision which
is affected by a release or threatened release at any facility
may apply to the President for reimbursement under this
section.
‘‘(b) REIMBURSEMENT.—
196
‘‘(1) EMERGENCY RESPONSE.—The President is
authorized to reimburse general purpose units of
local government for expenses incurred in carrying
out emergency response actions necessary to prevent
or mitigate injury to human health or the environ-
ment associated with the release or threatened re-
lease of any hazardous substance or pollutant or
contaminant. Such actions may include, where ap-
propriate, security fencing to limit access, cleanup of
illicit drug laboratories, response to fires and explo-
sions, and other activities which require immediate
response at the State or local level.
‘‘(2) REMOVAL ACTIONS.—The President is au-
thorized to reimburse States for expenses incurred in
carrying out removal actions under section 104. No
reimbursement may be provided under this para-
graph to any State for expenses incurred before the
date of the enactment of the Reform of Superfund
Act of 1995.
‘‘(3) STATE
OR
LOCAL
FUNDS
NOT
SUP-
PLANTED.—Reimbursement under this section shall
not supplant State or local funds normally provided
for response.
‘‘(c) AMOUNT.—(1) The amount of any reimburse-
ment to any general purpose unit of local government