172
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.’’.
(i) CONTAMINATED MEDIA.—Section 121 of such Act
is further amended by adding at the end the following new
subsection:
‘‘(j) CONTAMINATED MEDIA.—
‘‘(1) COMPLIANCE
WITH
STANDARDS
FOR
WASTES
SUBJECT
TO
LAND
DISPOSAL
PROHIBI-
TION.—Compliance at a facility with standards pro-
mulgated under section 3004(m) of the Solid Waste
Disposal Act (42 U.S.C. 6924(m)) before January
1, 1998, shall not be required with respect to return,
replacement, or disposal of contaminated media and
residuals of such media into the same medium in
or very near existing areas of contamination on-site,
upon the effective date of standards promulgated by
the Administrator specifically for contaminated
media.
‘‘(2) COMPLIANCE
WITH
MINIMUM
TECHNO-
LOGICAL REQUIREMENTS.—Compliance at a facility
with standards promulgated under section 3004(o)
of the Solid Waste Disposal Act (42 U.S.C. 6924(o))
173
before January 1, 1998, shall not be required with
respect to temporary placement of contaminated
media or residuals of such media into the same me-
dium in or very near existing areas of contamination
on-site, upon the effective date of standards promul-
gated by the Administrator specifically applicable to
units for such temporary placement.’’.
(j) 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 section 121(d)(2) 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-
174
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. 302. 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) HAZARDOUS SUBSTANCE PROPERTY USE.—
‘‘(1) AUTHORITY OF PRESIDENT TO ACQUIRE
EASEMENTS.—In connection with any response ac-
tion 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 sub-
stance, pollutant, or contaminant, the President may
acquire a hazardous substance easement by purchase
or other agreement, by condemnation, or by any
other means permitted by law, at fair market value,
or for other consideration as agreed to by the par-
ties, a hazardous substance easement which re-
stricts, limits, or controls the use of land or other
natural resources, including specifying permissible or
impermissible uses of land, prohibiting specified ac-
175
tivities upon property, prohibiting the drilling of
wells or use of ground water, or restricting the use
of surface water.
‘‘(2) USE OF EASEMENTS.—A hazardous sub-
stance easement under this subsection may be used
wherever institutional controls have been selected as
a component of a response action in accordance with
this Act and the National Contingency Plan.
‘‘(3) PERSONS
SUBJECT
TO
EASEMENTS.—A
hazardous substance easement shall be enforceable
in perpetuity (unless terminated and released as pro-
vided for in this section) against any owner of the
affected property and all persons who subsequently
acquire an interest in the property or rights to use
the property, including lessees, licensees, and any
other person with an interest in the property, with-
out respect to privity or lack of privity of estate or
contract, lack of benefit running to any other prop-
erty, assignment of the easement to another party or
sale or other transfer of the burdened property, or
any other circumstance which might otherwise affect
the enforceability of easements or similar deed re-
strictions under the laws of the State. The easement
shall be binding upon holders of any other interests
in the property regardless of whether such interests
176
are recorded or whether they were recorded prior or
subsequent to the easement, and shall remain in ef-
fect notwithstanding any foreclosure or other asser-
tion of such interests.
‘‘(4) CONTENTS OF EASEMENTS.—A hazardous
substance easement shall contain, at a minimum—
‘‘(A) a legal description of the property af-
fected;
‘‘(B) the name or names of any current
owner or owners of the property as reflected in
public land records;
‘‘(C) a description of the release or threat-
ened release; and
‘‘(D) a statement as to the nature of the
restriction, limitation, or control created by the
easement.
‘‘(5) RECORDING AND FILING OF EASEMENT.—
Whenever the President acquires a hazardous sub-
stance easement or assigns a hazardous substance
easement to another party, the President shall
record the easement in the public land records for
the jurisdiction in which the affected property is lo-
cated. If the State has not by law designated one of-
fice for the recording of interests in real property or
claims or rights burdening real property, the ease-
177
ment shall be filed in the office of the clerk of the
United States district court for the district in which
the affected property is located and the registry.
‘‘(6) COSTS OF OBTAINING EASEMENTS.—The
costs of obtaining, ensuring adequate public notice
of, and otherwise tracking and maintaining the pro-
tections afforded by the easements or other institu-
tional controls shall be considered response costs
which are recoverable under this Act.
‘‘(7) ASSIGNMENT OF EASEMENTS TO PARTIES
OTHER THAN THE PRESIDENT.—
‘‘(A) AUTHORITY TO ASSIGN.—The Presi-
dent may, where appropriate and with the con-
sent of the State, assign an easement acquired
under this subsection to a State or political sub-
division of a State that has the capability of ef-
fectively enforcing the easement over the period
of time necessary to achieve the purposes of the
easement. 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 procedures as are used for the transfer of
an interest in real property to a State under
section 104(j).
178
‘‘(B) EASEMENTS HELD BY OTHER PER-
SONS.—Any interest in property granted to a
State, an Indian Tribe, or another govern-
mental entity or other person which restricts,
limits, or controls the use of land or other natu-
ral resources in order to prevent exposure to,
reduce the likelihood of, or otherwise respond
to, a release or threatened release of a hazard-
ous substance, pollutant, or contaminant, and
which is expressly designated in writing as a
hazardous substance easement within the mean-
ing of this paragraph, shall create the same
rights, have the same legal effect, and be en-
forceable in the same manner as a hazardous
substance easement acquired by the President
regardless of whether the interest in property is
otherwise denominated as an easement, cov-
enant, or any other form of property right.
‘‘(8) 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. Such regulations shall en-
sure that before acquiring a hazardous substance
easement, and before recording any notice of such
179
easement, the President will give notice and an op-
portunity to comment to the owner of the affected
property, all other persons with recorded interests in
the property, any lessees or other authorized occu-
pants of the property known to the President, the
State and any municipalities in which the property
is located, any relevant community work group es-
tablished under section 117, the affected community
and the general public.
‘‘(9) TERMINATION OR MODIFICATION OF EASE-
MENTS.—An easement acquired under this sub-
section shall remain in force until the holder of the
easement executes and records a modification or ter-
mination and release in accordance with the terms
of the easement and approved by the Administrator.
Such modification or termination shall be recorded
in the same manner as the easement.
‘‘(10) ENFORCEMENT.—
‘‘(A) EFFECT OF VIOLATIONS.—Violation
of any restriction, limitation, or control imposed
under a hazardous substance easement 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), section 120(g), or sec-
180
tion 130(e), by States under section 121(e)(2),
or in citizens suits under section 310. No citi-
zens suit under section 310 to enforce such a
notice may be commenced if the holder of the
easement has commenced and is diligently pros-
ecuting an action in court to enforce the ease-
ment.
‘‘(B) 
ENFORCEMENT
ACTIONS.—The
President may take appropriate enforcement ac-
tions to ensure compliance with the terms of
the easement whenever the Administrator of the
Environmental Protection Agency determines
that the terms set forth in the easement are
being violated. If the easement is held by a
party other than the President and that party
has not taken appropriate enforcement actions,
the President may notify the party of the viola-
tion. If the party does not take appropriate en-
forcement actions within 30 days of such notifi-
cation, or sooner in the case of an imminent
hazard, the President may initiate such enforce-
ment actions.
‘‘(C) SAVINGS
CLAUSE.—Nothing in this
section shall limit rights or remedies available
under other laws.
181
‘‘(11) APPLICABILITY OF OTHER PROVISIONS.—
Holding a hazardous substance easement shall not
in itself subject either the holder thereof or the
owner of the affected property to liability under sec-
tion 107. Any such easement acquired by the Presi-
dent shall not be subject to the requirements of sec-
tion 104(j)(2) or 120(h). Nothing in this subsection
limits or modifies the authority of the President pur-
suant to section 104(j)(1).
‘‘(12) REGISTRY
OF
INSTITUTIONAL
CON-
TROLS.—The President shall maintain a registry of
all property at which institutional controls have been
established in connection with any response action
under this Act. The registry shall identify the prop-
erty and the nature or form of the institutional con-
trols, including any subsequent changes in the na-
ture or form of such controls. Where this section re-
fers 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.’’.
182
SEC. 303. REMOVAL ACTIONS.
Section 104(c)(1) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(c)(1)) is amended—
(1) by striking ‘‘consistent with the remedial
action to be taken’’ and inserting ‘‘not inconsistent
with any remedial action that has been selected or
is anticipated at the time of the removal action,’’;
(2) by striking ‘‘$2,000,000’’ and inserting
‘‘$4,000,000’’; and
(3) by striking ‘‘12 months’’ and inserting ‘‘two
years’’.
TITLE IV—COMMUNITY PARTICI-
PATION AND HUMAN HEALTH
Subtitle A—Community
Participation
SEC. 401. 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;
183
‘‘(B) at which the Administrator is under-
taking an action anticipated to exceed 1 year or
the funding limit under section 104 of this Act
is anticipated 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.’’.
SEC. 402. 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
184
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
$5,000 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. Limits shall be
established with respect to the number of years for
which grants may be available based on the dura-
tion, type, and extent of response activity at a facil-
ity. The Administrator may provide more than one
grant under this subsection with respect to a single
covered facility, considering such factors as the area
185
affected by the facility and the distances between af-
fected communities.
‘‘(5) FUNDING AMOUNT.—The initial amount of
any grant under this subsection may not exceed
$50,000 for a single grant recipient. Except that,
the Administrator may increase the amount of the
grant if the grant recipient demonstrates that the
covered facility’s characteristics indicate additional
funds are necessary due to the complexity of the re-
sponse action, including the size and complexity of
the facility, or nature or volume of site-related infor-
mation. In addition, the Administrator must find
that the grant recipient’s management of a previous
grant award, if any, was satisfactory, and the costs
incurred under the award are allowable and reason-
able.
‘‘(6) SIMPLIFICATION.—To ensure that the ap-
plication process is accessible to all affected citizens,
the Administrator shall review the existing guide-
lines and application procedures for the TAG grants
and, within 180 days after the enactment of this
section, revise, as appropriate, such guidelines and
procedures to simplify the process of obtaining such
grants.
‘‘(7) AUTHORIZED GRANT ACTIVITIES.—
186
‘‘(A) 
INTERPRETATION
OF
INFORMA-
TION.—Grants awarded under this subsection
may be used to obtain technical assistance in
interpreting information and providing input
with regard to (i) the nature of the hazard at
a facility; (ii) sampling and monitoring plans;
(iii) the remedial investigation and feasibility
study; (iv) the record of decision; (v) the selec-
tion, design, and construction of the remedial
action; (vi) operation and maintenance; (vii) re-
moval activities at such facility; or (viii) health
assessment or related health activity.
‘‘(B) 
ADDITIONAL
ACTIVITIES.—Grants
awarded under this section also may be used (i)
to obtain technical assistance in interpreting in-
formation used to rank facilities according to
the Hazard Ranking System, (ii) to hire health
experts to advise affected residents on health
assessment and data gathering efforts and re-
sponse activities, and on the design of any
health studies that a government agency per-
forms, (iii) to hire technical experts to file com-
ments with governmental agencies and generate
other documents as necessary to ensure full
participation by the grant recipient, (iv) to pub-
187
lish newsletters or otherwise finance the dis-
semination of information to other members of
the community, and (v) to evaluate the reliabil-
ity of long-term operation and maintenance and
institutional controls. In addition, not more
than 10 percent of the amount of a technical
assistance grant under this section may be used
for training, hiring of neutral professionals to
facilitate deliberations and consensus efforts or
hiring community liaisons to potentially respon-
sible parties and government agencies.
‘‘(C) AVAILABILITY OF INFORMATION.—In-
formation generated by the recipients of grants
under this section shall be made available, as
appropriate, to the appropriate Waste Site In-
formation Office.
‘‘(8) NON-SITE-SPECIFIC GRANTS.—In accord-
ance with the rules promulgated by the Adminis-
trator, the Administrator may make Technical As-
sistance Grant funds available to Indian tribes, non-
profit organizations, and citizens groups to enhance
their participation in rulemaking processes carried
out in accordance with this Act. Total funding for
all such grants shall not exceed $100,000.’’.
188
(b) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION.—(1) Such section 117 is amended by redesignat-
ing paragraphs (1) and (2) of subsection (a) as subpara-
graphs (A) and (B), by striking ‘‘under paragraph (1)’’
in such subsection (a) and inserting ‘‘under subparagraph
(A)’’, by redesignating such subsection (a) as paragraph
(4), by redesignating subsections (b) and (c) as para-
graphs (6) and (7) of subsection (a), and by inserting the
following immediately after the section heading:
‘‘(a) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION IN DECISIONMAKING.—
‘‘(1) IN GENERAL.—In order to provide an op-
portunity for meaningful public participation in
every significant phase of response activities under
this Act, the President shall take the actions speci-
fied in this subsection. Public meetings required
under this subsection shall be designed to obtain in-
formation from the community and disseminate in-
formation to the community concerning the Presi-
dent’s facility activities and pending decisions.
‘‘(2) HEALTH ASSESSMENT AND PRELIMINARY
ASSESSMENT AND SITE INSPECTION.—The President
shall provide the opportunity for public meetings and
publish a notice of such meetings before or during
performance of the health assessment or related
189
health activity and the preliminary assessment and
site inspection, as appropriate. Where the President
determines a meeting is not appropriate at the pre-
liminary assessment and site inspection stage, the
President shall provide adequate public notice of
that decision. To the extent practicable, before or
during the health assessment or related health activ-
ity and site inspection, the President shall solicit and
evaluate concerns, interests, and information from
the Community Advisory Group, if any, affected In-
dian Tribes, the affected community, local govern-
ment officials and local health officials. The evalua-
tion shall include, as appropriate, face-to-face com-
munity surveys to identify the location of private
drinking water wells, potential exposure pathways,
including historic and current or potential use of
water, and other environmental resources in the
community; a public meeting; written responses to
significant 
concerns; 
and 
other 
appropriate
participatory activities.
‘‘(3) REMEDIAL INVESTIGATION AND FEASIBIL-
ITY STUDY.—The President shall provide the oppor-
tunity for public meetings and publish a notice of
such meetings before or during the Remedial Inves-
tigation and Feasibility Study (RI/FS). During the
190
remedial investigation and feasibility study, the
President shall solicit the views and preferences of
the Community Advisory Group, if any, affected In-
dian Tribes, the affected community, local govern-
ment officials and local health officials on the reme-
diation and disposition of hazardous substances, pol-
lutants, or contaminants at the facility. Such views
and preferences shall be described in the remedial
investigation and feasibility study and considered in
the screening of remedial alternatives for the facil-
ity.’’.
(2) Such section 117, as amended by this subsection,
is amended by adding the following new paragraph after
paragraph (4) of subsection (a):
‘‘(5) COMPLETION OF WORK PLAN.—The Presi-
dent shall provide the opportunity for public meet-
ings and publish a notice of such meetings before or
during the completion of the work plan for the Re-
medial Design and Remedial Action.’’.
(3) Such section 117, as amended by this subsection,
is amended by adding the following new paragraphs after
paragraphs (6) and (7).
‘‘(8) ALTERNATIVES.—Pursuant to paragraph
(4), members of the Community Advisory Group, if
any, affected Indian Tribes, the affected community,
191
local government officials and local health officials
may propose remedial alternatives to the President,
and the President shall consider such alternatives in
the same manner as the President considers alter-
natives proposed by other parties.
‘‘(9) SELECTING APPROPRIATE PROCEDURES.—
In determining which of the procedures set forth in
paragraph (2) may be appropriate, the Adminis-
trator may consult with the Community Advisory
Group, if any, affected Indian Tribe, the affected
community, local government officials and local
health officials.
‘‘(10) PROVIDING
INFORMATION.—The Presi-
dent, with the assistance of the Waste Site Informa-
tion Offices (as provided for in subsection (c)), shall
provide information to the Community Advisory
Group, if any, affected Indian Tribes, the affected
community, local government officials and local
health officials throughout all significant phases of
the response action at the facility. The President, on
a regular basis, shall inform such entities of the
progress and substance of technical meetings be-
tween the lead agency and potentially responsible
parties regarding a covered facility. The President
shall notify the Community Advisory Group, if any,
192
affected Indian Tribes, the affected community, local
government officials and local health officials con-
cerning—
‘‘(A) the schedule for commencement of
construction activities at the covered facility
and the location and availability of construction
plans;
‘‘(B) the results of any review under sec-
tion 121(c) and any modifications to the cov-
ered facility made as a result of the review; and
‘‘(C) the execution of and any revisions to
institutional controls being used as part of a re-
medial action.’’.
(4) Such section 117 is amended by striking ‘‘major’’
in subsection (d).
(5) Such section 117 is amended by adding the fol-
lowing new subsection after subsection (a), as amended
by this section:
‘‘(b) ADDITIONAL PUBLIC INVOLVEMENT REQUIRE-
MENTS.—(1) The President shall make records relating to
the facility available to the public throughout all phases
of response action at the facility. Such information shall
be made available to the public for inspection and copying
without the need to file a formal request subject to reason-
able service charges as appropriate. This paragraph shall
193
not apply to a record that is exempt from disclosure under
section 552 of title 5, United States Code, or to any record
that is exchanged between parties to a dispute under this
Act for the purposes of settling the dispute.
‘‘(2) The President, in carrying out responsibilities
under this Act, shall ensure that the presentation of infor-
mation on risk is unbiased and informative and clearly dis-
closes any uncertainties and data gaps.
‘‘(3) Notwithstanding any other provision of this sub-
section, in the case of a removal action taken in accord-
ance with section 104 which is expected to extend beyond
180 days, the President shall comply with the require-
ments of this section unless the President determines that
such compliance presents an imminent and substantial
endangerment to human health or the environment.
Whenever the planning period for a removal action is ex-
pected to be greater than 180 days, the Administrator
shall provide the Community Advisory Group, if any, af-
fected Indian Tribes, the affected community, local gov-
ernment officials and local health officials with notice of
the anticipated removal action and a public comment pe-
riod of no less than 30 days.’’.
(6) Such section 117 is amended by adding the fol-
lowing new subsection after subsection (e):
194
‘‘(f) UNDERSTANDABLE PRESENTATION OF MATE-
RIALS.—The President shall ensure that information pre-
pared for distribution to the public under this section shall
be provided or summarized in a manner that may be easily
understood by the community, considering any unique cul-
tural needs of the community, including presentation of
information orally and distribution of information in lan-
guages other than English, as appropriate.’’.
SEC. 403. WASTE SITE INFORMATION OFFICES.
Section 117 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9617) is amended by adding the following after
subsection (b), as added by section 402:
‘‘(c) WASTE SITE INFORMATION OFFICES.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), not later than 18 months after the
date of enactment of this subsection, a State
with a site on the National Priorities List, or
an Indian Tribe in the case of such a site in In-
dian country (as defined in 18 U.S.C. 1151),
shall establish a Waste Site Information Office
to perform the functions set forth in paragraph
(3).
195
‘‘(B) EXISTING
OFFICES.—The Adminis-
trator may determine that a State or tribal of-
fice in existence before the date of enactment of
this subsection can or does already perform the
functions of a Waste Site Information Office
and is eligible for funding under paragraph (2).
‘‘(C) PROCESS.—Each State or tribe shall
decide the process for establishing a Waste Site
Information Office.
‘‘(D) 
EPA 
ROLE.—The 
Administrator
shall approve the Office if it meets the require-
ments of this subsection. If the Administrator
determines that the State or tribe has not es-
tablished an office that can perform the func-
tions of a Waste Site Information Office, the
Administrator shall establish an office within
the Environmental Protection Agency to per-
form the functions.
‘‘(2) FUNDING.—
‘‘(A) IN GENERAL.—Funding for the oper-
ation of Waste Site Information Offices, or
State, tribal, or Environmental Protection
Agency offices that perform similar functions,
collectively, shall not exceed $25,000,000 for a
fiscal year.
196
‘‘(B) STATE
OR
TRIBE
GRANTS.—Each
State or Indian tribe that has a Waste Site In-
formation Office, or each State, Indian tribe, or
Environmental Protection Agency office per-
forming the functions of a Waste Site Informa-
tion 
Office, 
shall 
receive 
not 
less 
than
$100,000, and not more than $500,000, for a
fiscal year.
‘‘(C) FORMULA.—
‘‘(i) IN GENERAL.—The Administrator
shall publish guidelines establishing a for-
mula for determining the actual amount of
funding for each Waste Site Information
Office.
‘‘(ii) FACTORS.—The formula shall in-
clude factors such as the number of facili-
ties potentially eligible for or on the Na-
tional Priorities List that would be covered
by the Waste Site Information Office.
‘‘(3) FUNCTIONS.—
‘‘(A) IN GENERAL.—A Waste Site Infor-
mation Office for a State or Indian tribe
shall—
‘‘(i) assist the Administrator in dis-
seminating information regarding covered
197
facilities, information regarding the exist-
ence of the Office and its services, infor-
mation regarding opportunities to partici-
pate under this Act, and in notifying citi-
zens of public meetings, notifying the com-
munity living or working near a facility of
the opportunity to establish a community
advisory group, availability of TAGs, in-
forming citizens of their rights under this
Act, and providing citizens with informa-
tion relating to the operation of Federal,
State, and tribal hazardous substance and
waste laws with respect to facilities within
the State or reservation; and
‘‘(ii) serve as a clearinghouse, main-
tain records, and provide electronic access
as appropriate, for waste site information,
including a description of the Administra-
tor’s process for identifying covered facili-
ties and undertaking response actions
under this Act and a list of covered facili-
ties located in the State or in Indian coun-
try (as defined in 18 U.S.C. 1151) and,
with respect to each such covered facility
198
to the extent information becomes avail-
able—
‘‘(I) the location, name of owner
or operator, and characteristics of the
covered facility;
‘‘(II) the hazardous substances,
pollutants, and contaminants present,
including the quantities and relative
toxicities of the substances, pollutants,
and contaminants;
‘‘(III) the response actions being
taken, including records of any insti-
tutional controls that are included in
the response actions;
‘‘(IV) any health data generated
in connection with the covered facility;
‘‘(V) the status of the response
actions at the covered facility;
‘‘(VI) any report generated as a
result of a review under section
121(c);
‘‘(VII) the location of the Admin-
istrative Record created for the facil-
ity, if any, under section 113(k); and
199
‘‘(VIII) any ongoing operation
and maintenance requirements or in-
stitutional controls in place.
‘‘(B) REPORT.—
‘‘(i) IN GENERAL.—Each Waste Site
Information Office shall annually submit a
report to the Administrator regarding per-
formance of its duties and shall certify in
the report that any funds used under para-
graph (2) by the Waste Site Information
Office have been used in compliance with
the requirements of this subsection.
‘‘(ii) VERIFICATION
BY
INSPECTOR
GENERAL.—The Inspector General of the
Environmental Protection Agency shall pe-
riodically review the programs carried out
under this subsection and reports made
under this subparagraph and shall verify
the accuracy of the certifications contained
in the reports.
‘‘(iii) TERMINATION
OF
GRANT.—If
the Administrator of the Environmental
Protection Agency is unable to verify the
information provided in the report, or if
the Administrator determines that the
200
grant is not being used in a manner con-
sistent with the functions under subpara-
graph (A), the Administrator may termi-
nate the grant.’’.
SEC. 404. COMMUNITY ADVISORY GROUPS.
Section 117 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9617) is further amended by adding after sub-
section (f) the following:
‘‘(g) COMMUNITY ADVISORY GROUPS.—
‘‘(1) CREATION AND RESPONSIBILITIES.—The
President shall provide the opportunity for the es-
tablishment of a representative public forum, known
as a Community Advisory Group (CAG), to achieve
direct, regular, and meaningful consultation with all
interested parties throughout all stages of a response
action whenever—
‘‘(A) the President determines such a
group will be helpful; or
‘‘(B) 10 individuals residing in or at the
area in which the facility is located, or 10 per-
cent of the population of a locality in which the
National Priorities List facility is located,
whichever is less, petition for a Community Ad-
visory Group to be established.
201
‘‘(2) 
DUTIES.—Each 
Community 
Advisory
Group shall provide information and views to the
President, and, as appropriate, any or all of the fol-
lowing: the Agency for Toxic Substances and Dis-
ease Registry, State regulatory agencies, Federal
agencies, Federal, State, and tribal natural resource
trustees, and potentially responsible parties conduct-
ing response actions. The information and views re-
ported shall include the various subjects related to
facility remediation, including facility health studies,
potential remedial alternatives, and selection and im-
plementation of remedial and removal actions. The
Community Advisory Group shall attempt to achieve
consensus among its members before reporting posi-
tions to agencies or potentially responsible parties.
In cases in which consensus cannot be reached, the
Community Advisory Group shall allow the presen-
tation of divergent views.
‘‘(3) LAND USE RECOMMENDATIONS.—To ob-
tain greater community input into and support for
remedial decisions affecting future land use, the Ad-
ministrator shall consult with the Community Advi-
sory Group, if any, affected Indian Tribes, the af-
fected community, local government officials and
local health officials on a regular basis throughout
202
the remedy selection process regarding the reason-
ably anticipated future use of land at the facility
and any institutional controls required to assure that
land use restrictions remain in effect. The Commu-
nity Advisory Group may offer recommendations on
the reasonably anticipated future use of land at the
facility to the Administrator at any time prior to the
selection of a remedy at the facility. The land use
recommendation shall consider at a minimum, appli-
cable comprehensive land use plans and the other
criteria for determining future land use set forth in
section 121(g)(1). The Administrator shall not be
bound by any recommendation of the Community
Advisory Group. In considering the views of the af-
fected community, the Administrator shall give sub-
stantial weight to a consensus recommendation of
the Community Advisory Group regarding the rea-
sonably anticipated future use of land at the facility.
In cases in which there is substantive disagreement
within the Community Advisory Group over a rec-
ommendation regarding the reasonably anticipated
future use of land at the facility, the Administrator
shall make reasonable efforts to reconcile the dif-
ferences. In the event of continued substantive dis-
agreement, substantial weight shall be given to the
203
views of the residents in the affected community.
Should the Administrator make a determination that
is inconsistent with a consensus Community Advi-
sory Group recommendation on the reasonably ex-
pected future use of land at the facility, the Admin-
istrator shall issue a written explanation for the in-
consistency.
‘‘(4) COMMUNITY
ADVISORY
GROUP
INPUT.—
With the exception of land use recommendations,
input received from the Community Advisory Groups
shall be considered by the President to be of equal
weight with the advice received from the Technical
Assistance Grant recipients and other affected com-
munity members.
‘‘(5) COMMUNITY
ADVISORY
GROUP
MEM-
BERS.—Members shall serve on the Community Ad-
visory Group without pay. The President shall pro-
vide notice and opportunity to participate on a Com-
munity Advisory Group to the affected community,
including to persons who are or historically have
been disproportionately affected by facility contami-
nation in their community. The President shall en-
sure that each Community Advisory Group, to the
extent practicable, reflects the composition of the
community near the facility and the diversity of in-
204
terests. Local residents shall comprise a majority of
the total membership of the CAG. At least one per-
son in this group shall represent the Technical As-
sistance Grant recipient if such a grant has been
awarded under subsection (e). To the extent pos-
sible, the President shall ensure that members of the
following groups are represented on a CAG:
‘‘(A) Persons residing or owning residen-
tial property near the facility or persons who
may be directly affected by the releases from
the facility.
‘‘(B) Persons who, although not residing
or owning property near the facility, may be po-
tentially affected by releases from the facility.
‘‘(C) Local medical community practicing
in the community.
‘‘(D) Members of local Indian tribes or In-
dian communities.
‘‘(E) Local citizen, civic, environmental, or
public interest groups with members residing in
the community.
‘‘(F) Current and former employees of the
facility during facility operation.
‘‘(G) Local business community.
205
‘‘(6) FACA.—The Federal Advisory Committee
Act shall not apply to a CAG established under this
Act or ATSDR Community Advisory Panels.
‘‘(7) TECHNICAL
AND
ADMINISTRATIVE
SUP-
PORT
FOR
COMMUNITY
ADVISORY
GROUPS.—The
President may provide administrative support for
Community Advisory Groups.
‘‘(8) ADDITIONAL PARTICIPANTS.—The Admin-
istrator of the Environmental Protection Agency, the
Administrator of the Agency for Toxic Substances
and Disease Registry and the State, representatives
chosen by the governing body of local Indian tribes
or Indian community local governments (which may
include pertinent city or county governments, or
both), and any other governmental unit which regu-
lates land use in the vicinity of the facility, as appro-
priate; and nonresidential owners, operators, and
local representatives of the Potentially Responsible
Parties (PRPs), who represent, wherever practicable,
a balance of PRP interests, may participate in Com-
munity Advisory Group meetings to provide informa-
tion and technical expertise, but shall not be mem-
bers of the Community Advisory Group.
‘‘(9) OTHER PUBLIC INVOLVEMENT.—The ex-
istence of a Community Advisory Group shall not di-
206
minish any other obligation of the President to con-
sider the views of any person in selecting response
actions under this Act. Nothing in this section shall
affect the status of any Citizen Advisory Group
formed before the enactment of this subsection.
Nothing in this section shall affect the status, deci-
sions, or future formation of any Department of De-
fense Restoration Advisory Board, Department of
Energy Site Specific Advisory Board, and no Citizen
Advisory Group must be established for a facility if
any such Board has been established for the facility.
‘‘(h) COMMUNITY STUDY.—
‘‘(1) REPORT
BY
THE
ADMINISTRATOR.—The
Administrator shall prepare and submit to Congress
a Community Study two years after the date of en-
actment of this Act, shall periodically update the
study, and shall also provide such study to the
Waste Site Information Offices. The Administrator
and Waste Site Information Offices shall ensure that
copies of such studies are made available to the pub-
lic.
‘‘(2) CONTENT OF THE REPORT.—The Admin-
istrator’s report shall include an analysis of the
speed of listing; the speed and nature of response
action; the degree to which public views are reflected
207
in response actions; future land use determinations
and use of institutional controls; and the population,
race, ethnicity, and income characteristics of each
community affected by each facility listed or pro-
posed for listing on the National Priorities List.
‘‘(3) EVALUATION.—The Administrator shall
evaluate the information in the study to determine
whether priority setting, response actions, and public
participation requirements were conducted in a fair
and equitable manner and identify program areas
that require improvements or modification.
‘‘(4) ACTIONS
BASED
ON
EVALUATION.—The
Administrator shall institute the necessary improve-
ments or modifications to address any deficiencies
identified by the study prepared under this section.’’.
SEC. 405. TECHNICAL OUTREACH SERVICES FOR COMMU-
NITIES.
Section 311(d)(2) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9660(d)(2)) is amended to read as fol-
lows:
‘‘(2) RESPONSIBILITIES OF CENTERS.—The re-
sponsibilities of a hazardous substance research cen-
ter under this subsection shall include—
208
‘‘(A) the conduct of research and training
relating to the manufacture, use, transpor-
tation, disposal, and management of hazardous
substances and publication and dissemination of
the results of the research; and
‘‘(B) the conduct of a program to provide
educational and technical assistance to commu-
nities affected by contamination.’’.
SEC. 406. RECRUITMENT AND TRAINING PROGRAM.
Section 117 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9617) is further amended by adding after sub-
section (h) the following:
‘‘(i) RECRUITMENT AND TRAINING PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the National Institute of Environ-
mental Health Studies, shall conduct a program to
assist in the recruitment and training of individuals
in an affected community for employment in re-
sponse activities conducted at the facility concerned.
‘‘(2) RECRUITMENT, TRAINING, AND EMPLOY-
MENT.—The Administrator shall encourage a person
conducting a response action under this Act to train
and employ persons from the affected community in
remediation skills.’’.
209
SEC. 407. FACILITY SCORING.
Section 105 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9605) is amended by adding the following at the
end thereof:
‘‘(h) FACILITY SCORING.—The Administrator shall
evaluate areas, such as Indian country or poor rural com-
munities that warrant special attention and identify up to
5 facilities in each region of the Environmental Protection
Agency that are likely to warrant inclusion on the Na-
tional Priorities List. These facilities shall be accorded a
priority in evaluation for NPL listing and scoring, and
shall be evaluated for listing within 2 years after the date
of enactment of this subsection.’’.
Subtitle B—Human Health
SEC. 411. DISEASE REGISTRY AND HEALTH CARE PROVID-
ERS.
Section 104 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9604) is amended as follows:
(1) In subsection (b), by adding the following
new paragraph at the end thereof:
‘‘(3) NOTICE TO HEALTH AUTHORITIES.—The Presi-
dent shall notify State and local public health authorities
and Tribal health officials whenever the President has rea-
son to believe that a release of a hazardous substance, pol-
210
lutant, or contaminant has occurred, is occurring, or is
about to occur or that there is a threat of such a release.’’.
(2) In subparagraph (E) of paragraph (1) of
subsection (i), by striking ‘‘admission to hospitals
and other facilities and services operated or provided
by the Public Health Service’’ and inserting ‘‘refer-
ral to health care providers’’.
(3) Paragraph (6)(A) of subsection (i) is
amended to read as follows:
‘‘(A)(i) The Administrator of ATSDR shall perform
a health assessment or related health activity (including
biomedical testing, clinical evaluations, medical monitor-
ing, and referral to accredited health care providers) at
a minimum, for each facility listed or proposed for listing
on the National Priorities List established under section
105, including a facility owned or operated by a depart-
ment, agency, or instrumentality of the United States.
Such health assessment or related health activity shall be
completed for each facility listed or proposed for listing
on the National Priorities List not later than 1 year after
the date of proposal for inclusion on such list for each
facility.
‘‘(ii) The Administrator of the Environmental Protec-
tion Agency and the Administrator of ATSDR shall de-
velop strategies, in consultation with State, Tribal, and
211
local health officials, to obtain relevant on-site and off-
site characterization data, taking into account the needs
and conditions of the affected community.
‘‘(iii) The Administrator of the Environmental Pro-
tection Agency shall, to the maximum extent practicable,
provide the Administrator of ATSDR with the data and
information necessary to make a public health determina-
tion in a timely manner to allow the Administrator of
ATSDR to complete the assessment.
‘‘(iv)(I) If appropriate, the Administrator of ATSDR
shall provide recommendations for sampling environ-
mental media to the Administrator of the Environmental
Protection Agency as soon as practicable after discovering
a release or threat of release of a hazardous substance
or pollutant or contaminant at a facility.
‘‘(II) To the maximum extent practicable, the Admin-
istrator of the Environmental Protection Agency shall in-
corporate the recommendations into the facility investiga-
tion activities.’’.
(4) Subparagraph (F) of paragraph (6) of sub-
section (i) is amended to read as follows:
‘‘(F) For the purposes of this subsection and section
111(c)(4), the term ‘health assessments’ shall include pre-
liminary assessments of the potential risk to human
health, including children and other highly susceptible
212
populations, posed by individual sites and facilities, based
on such factors as the nature and extent of contamination,
the past, present, or future existence of potential pathways
of human exposure and the community’s historic exposure
to site-related and non-site-related sources (including
ground or surface water contamination, air emissions, and
food chain contamination), the size and potential suscepti-
bility of the community within the likely pathways of expo-
sure, the comparison of expected human exposure levels
to the short-term and long-term health effects associated
with identified hazardous substances and any available
recommended exposure or tolerance limits for such haz-
ardous substances, and the comparison of existing morbid-
ity and mortality data on diseases that may be associated
with the observed levels of exposure.’’.
(5) In paragraph (14) of subsection (i), by
striking ‘‘distribute to the States, and upon request
to medical colleges, physicians, and’’ and inserting
the following: ‘‘distribute to the States, including
State health departments, Tribal health officials,
and upon request to medical colleges, local health
departments, medical centers, physicians, nursing in-
stitutions, nurses, and’’, by inserting ‘‘(A)’’ after
‘‘(14)’’, and by adding the following at the end
thereof:
213
‘‘(B) The Administrator of ATSDR shall also assem-
ble, develop, as necessary, and distribute to the general
public and to at-risk populations appropriate educational
materials and other information on human health effects
of hazardous substances.’’.
SEC. 412. SUBSTANCE PROFILES.
Section 104(i)(3) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(i)(3)) is amended as follows:
(1) By inserting ‘‘(A)’’ after ‘‘(3)’’.
(2) By redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively.
(3) By striking out the matter beginning with
‘‘Any toxicological profile or revision thereof’’ and all
that follows through the end of such paragraph and
inserting in lieu thereof the following:
‘‘(B) Any toxicological profile or revision thereof shall
reflect the Administrator of ATSDR’s assessment of all
relevant toxicological testing which has been peer re-
viewed. The profiles prepared under this paragraph shall
be for those substances highest on the list of priorities
under paragraph (2) for which profiles have not previously
been prepared or for substances not on the listing but
which have been found at National Priorities List facilities
and non-National Priorities List facilities and which have
214
been determined by ATSDR to be of health concern. Pro-
files required under this paragraph shall be revised and
republished as appropriate, based on scientific develop-
ment. Such profiles shall be provided to the States, includ-
ing State health departments, Tribal health officials, and
local health departments, and made available to other in-
terested parties.’’.
SEC. 413. HEALTH STUDIES.
(a) HUMAN HEALTH STUDY.—Subparagraph (A) of
section 104(i)(7) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(i)(7)) is amended to read as follows: ‘‘(A)
Whenever in the judgment of the Administrator of
ATSDR it is appropriate on the basis of the results of
a health assessment or related health activity or on the
basis of other appropriate information, the Administrator
of ATSDR shall conduct a human health study of expo-
sure or other health effects for selected groups or individ-
uals in order to determine the desirability of conducting
full scale epidemiologic or other health studies of the en-
tire exposed population.’’.
(b) RESEARCH PROGRAM.—Section 104(i)(5)(A) of
such Act (42 U.S.C. 9604(i)(5)(A)) is amended as follows:
(1) By inserting after ‘‘program of research’’
the following: ‘‘conducted directly or by such means
215
as cooperative agreements and grants with appro-
priate public and nonprofit institutions. The pro-
gram shall be’’.
(2) In the last sentence—
(A) in clause (iii), by striking ‘‘and’’ at the
end;
(B) by redesignating clause (iv) as clause
(v); and
(C) by inserting after clause (iii) the fol-
lowing:
‘‘(iv) laboratory and other studies that
can lead to the development of innovative
techniques for predicting organ-specific,
tissue-specific, and system-specific acute
and chronic toxicity; and’’.
SEC. 414. GRANT AWARDS, CONTRACTS, AND COMMUNITY
ASSISTANCE ACTIVITIES.
Section 104(i)(15) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 6904(i)(15)) is amended as follows:
(1) By inserting ‘‘(A)’’ before ‘‘The activities’’.
(2) In the first sentence, by striking ‘‘coopera-
tive agreements with States (or political subdivisions
thereof)’’ and inserting ‘‘grants, cooperative agree-
ments, or contracts with States (or political subdivi-
216
sions thereof), Indian Tribes, other appropriate pub-
lic authorities, public or private institutions, colleges,
universities (including historically black colleges and
universities)’’.
(3) By adding at the end the following new sub-
paragraph:
‘‘(B) The Administrator of the Agency for Toxic Sub-
stances and Disease Registry, pursuant to the grants, co-
operative agreements and contracts referred to in this
paragraph, is authorized and directed to facilitate, where
appropriate, the provision of health services to commu-
nities affected by the release of hazardous substances.
Such health services may include diagnostic services, test-
ing, counseling, specialized treatment, health data reg-
istries and preventative public health education.’’.
SEC. 415. INDIAN HEALTH PROVISIONS.
Section 104(i) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9406(i)) is amended as follows:
(1) In paragraph (1)—
(A) by inserting ‘‘the Indian Health Serv-
ice’’ after ‘‘the Secretary of Transportation’’;
(B) by inserting ‘‘and tribal’’ after ‘‘and
local’’;
217
(C) in subparagraph (A) by inserting ‘‘and
Indian tribes’’ after ‘‘the States’’; and
(D) in subparagraph (C) by inserting ‘‘In-
dian tribes’’ after ‘‘States,’’.
(2) In paragraph (4) by—
(A) striking ‘‘State officials and local offi-
cials’’ and inserting ‘‘State, tribal, and local of-
ficials’’; and
(B) inserting in the second sentence ‘‘or
Indian tribes’’ after ‘‘States’’.
(3) In paragraph (5)(A) by inserting ‘‘and the
Indian Health Service’’ after ‘‘Public Health Serv-
ice’’.
(4) In paragraph (6)(C) by inserting ‘‘where
low population density is not used as an excluding
risk factor’’ after ‘‘health appears highest’’.
(5) In paragraph (6)(E)—
(A) by inserting ‘‘Indian tribe’’ after
‘‘Any’’; and
(B) by inserting at the end of the subpara-
graph the following: ‘‘If the ATSDR or the Ad-
ministrator of the Environmental Protection
Agency does not act on the recommendations of
the State or Indian tribe, then the Administra-
tors must respond in writing to the State or
218
tribe why they have not acted on the rec-
ommendations.’’.
(6) In paragraph (6)(F) by striking ‘‘and’’ after
‘‘emissions,’’ and inserting ‘‘and any other pathways
resulting from subsistence activities’’ after ‘‘contami-
nation’’.
(7) In paragraph (6)(G) by striking the period
at the end of the last sentence and inserting the fol-
lowing: ‘‘and give special consideration, where appro-
priate, to any practices of the affected community
that may result in increased exposure to hazardous
substances, pollutants, or contaminants, such as
subsistence hunting, fishing, and gathering.’’.
(8) In paragraph (10)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (D);
(B) by striking the period at the end of
subparagraph (E) and inserting ‘‘; and’’; and
(C) by inserting after revised subpara-
graph (E) the following new subparagraph:
‘‘(F) and the health impacts from pollut-
ants, contaminants, and hazardous substances
on Indian tribes from covered facilities.’’.
219
SEC. 416. PUBLIC HEALTH RECOMMENDATIONS IN REME-
DIAL ACTIONS.
Section 121(c) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(c)) is amended in the first sentence by insert-
ing after ‘‘remedial action’’ the second time it appears the
following: ‘‘, including public health recommendations and
decisions resulting from activities under section 104(i),’’.
Subtitle C—General Provisions
SEC. 421. TRANSITION.
(a) EFFECTIVE DATE IN GENERAL.—Except as pro-
vided in subsection (b), this title and the amendments
made by this title shall become effective upon the date of
enactment of this Act.
(b) SPECIAL RULE.—The requirements of para-
graphs (2), (3), (5), (8), (9), and (10) of section 117(a),
and subsections (b) and (c) of section 117, of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (as added by sections 402 and 403)
shall become effective 180 days after the date of enact-
ment of this Act.
TITLE V—NATURAL RESOURCE
DAMAGES
SEC. 501. STATUTE OF LIMITATIONS.
(a) LIMITATIONS PERIOD FOR CLAIMS.—Paragraph
(1) of section 113(g) of the Comprehensive Environmental
220
Response, Compensation, and Liability Act of 1980 (42
U.S.C 9613(g)(1)) is amended as follows:
(1) By striking so much of such paragraph as
precedes the words ‘‘In no event may’’ and inserting:
‘‘(1)(A) With respect to any facility on the Na-
tional Priorities List (NPL), any Federal facility
identified under section 120 (42 U.S.C. 9620) (re-
lating to Federal facilities), or any vessel or facility
at which a remedial action under this chapter is oth-
erwise scheduled, an action for natural resource
damages under this Act shall be commenced within
3 years after the completion of the remedial action
(excluding operation and maintenance activities).
‘‘(B) With respect to any facility at which there
has been a corrective action or closure under the
Solid Waste Disposal Act, a reclamation under the
Uranium Mill Tailings Reclamation Act, or a re-
sponse action under a State remediation, hazardous
waste, water quality, or voluntary cleanup program
approved under section 127(i), an action for natural
resource damages under this Act shall be com-
menced before the later of the following:
‘‘(i) 3 years from the date of enactment of
the Superfund Improvement Act of 1998.
221
‘‘(ii) 3 years from the date that the re-
sponsible party provides all affected trustees no-
tice of completion of the cleanup.
‘‘(C) With respect to all facilities other than
those identified in subparagraph (A) or (B), an ac-
tion for natural resource damages under this Act
shall be commenced within 3 years after the comple-
tion of a restoration plan adopted after the trustee
provides the public and all other trustees of injured
resources with adequate notice and opportunity for
comment and considers all comments.’’.
(2) By inserting ‘‘(D)’’ before ‘‘In no event
may’’.
(b) CONFORMING CHANGE.—Section 112(d)(2) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9613(d)(2)) is
amended by striking out all after ‘‘within’’ and inserting
the following: ‘‘the period for commencing an action for
natural resource damages under section 113(g)(1).’’.
SEC. 502. COORDINATION WITH REMEDY AND COORDINA-
TION AMONG TRUSTEES.
(a) COORDINATION
OF REMEDY
AND RESTORA-
TION.—Section 107(f) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
222
1980 (42 U.S.C. 9607(f)) is amended by adding the fol-
lowing at the end thereof:
‘‘(3) RELATIONSHIP OF RESTORATION TO RE-
SPONSE ACTION.—A Federal natural resource trust-
ee, State natural resource trustee, or Indian tribe
natural resource trustee selecting a restoration alter-
native shall take into account the extent to which
any removal or remedial action carried out or
planned for the facility under this Act or any other
Federal or State law has accomplished or will ac-
complish restoration. Both response actions and res-
toration measures may be implemented at the same
facility, or to address releases from the same facility.
Such response actions and restoration measures
shall be adequate to meet the requirements of both
response and restoration, shall not be inconsistent
with one another, and shall be implemented, to the
extent practicable, in a coordinated and integrated
manner.’’.
(b) CONSIDERATION OF NATURAL RESOURCES IN
RESPONSE ACTIONS.—Section 121(a) of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9621(a)) is amended by adding
the following at the end: ‘‘In evaluating and selecting re-
medial actions, the President shall take into account the
223
potential for injury to a natural resource resulting from
such actions and the potential for mitigating injury to a
natural resource by such actions.’’.
(c) NOTIFICATION OF TRIBAL TRUSTEES.—Section
104(b)(2) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9604(b)(2)) is amended by striking ‘‘Federal and State’’
wherever it appears and inserting ‘‘Federal, State, and
tribal’’.
(d) CONSULTATION WITH TRUSTEES ON REMEDY.—
Section 104(c)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(c)(2)) is amended by inserting ‘‘and the af-
fected natural resource trustees’’ after ‘‘State or States’’.
(e) DEVELOPMENT OF REGULATION.—Section 105 of
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9605) is
amended by inserting the following at the end:
‘‘(h) COORDINATION AMONG TRUSTEES.—(1) The
President shall promulgate a regulation providing for con-
sultation with the affected natural resource trustees re-
garding the inclusion or deletion of particular facilities on
or from the National Priorities List, coordination with af-
fected trustees under section 104(b)(2), and coordination
224
with affected trustees prior to the selection of response
actions.
‘‘(2)(A) All affected trustees of natural resources in-
jured, destroyed, or lost as a result of the release at issue
may participate in the trustees’ selection of a plan for res-
toration of those resources which includes actions to re-
store, replace, or acquire the equivalent natural resources
under the trusteeship of any participating trustee.
‘‘(B) If an affected trustee elects not to participate
in the selection of a plan, then the trustee shall not be
eligible to obtain funding under section 111 (c)(1) or
(c)(2).
‘‘(C) The participating trustees shall designate a lead
administrative trustee.
‘‘(i) DISBURSEMENT OF FUNDS TO TRUSTEES.—The
President shall promulgate regulations providing for dis-
bursement of funds under section 111 (c)(1) and (c)(2).’’.
SEC. 503. USE OF RECOVERED SUMS.
(a) IN GENERAL.—The third and fourth sentences of
section 107(f)(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607(f)(1)) are each amended by striking ‘‘restore,
replace, or acquire’’ and all that follows through the end
of the sentence and inserting the following: ‘‘restore or re-
place such natural resources in the watershed, aquifer, or
225
regional ecosystem in which the injury to the resources
occurred and for the benefit of the injured resources or
to acquire the equivalent of such natural resources in the
watershed, aquifer, or regional ecosystem in which the in-
jury to the resources occurred.’’.
(b) MIGRATORY SPECIES.—Section 107(f)(1) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607(f)(1)) is
amended by adding the following after the fourth sentence:
‘‘In the case of a migratory species, recovered sums may
be applied for restoration or replacement of such migra-
tory species in a habitat in the migratory pathway of the
species if all the trustees participating in the selection of
a plan for restoration of the migratory species agree with
such use of recovered sums.’’.
SEC. 504. USE OF SUPERFUND FOR NATURAL RESOURCE
DAMAGE ASSESSMENTS.
Section 9507(c)(1)(A) of the Internal Revenue Code
of 1986 is amended by inserting ‘‘(4),’’ after ‘‘paragraphs
(1), (2),’’ in clause (i) and by striking ‘‘other than para-
graphs (1) and (2) thereof,’’ in clause (ii).
226
TITLE VI—FEDERAL FACILITIES
SEC. 601. FEDERAL ENTITIES AND FACILITIES.
Section 120 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9620) is amended as follows:
(1) By amending the heading to read as follows:
‘‘SEC. 120. FEDERAL ENTITIES AND FACILITIES.
(2) By amending paragraph (1) of subsection
(a) to read as follows:
‘‘(1)(A) Each department, agency, and instru-
mentality of the executive, legislative, and judicial
branches of the United States shall be subject to,
and comply with, all Federal, State, interstate and
local requirements, both substantive and procedural
(including any requirements for permits, reporting,
or any provisions for injunctive relief and such sanc-
tions as may be imposed by a court to enforce such
relief), regarding response actions and damages re-
lated to, or management of, hazardous substances,
pollutants, or contaminants in the same manner,
and to the same extent, as any nongovernmental en-
tity is subject to such requirements, including reim-
bursement of response costs (including attorneys’
fees), payment of natural resource damages, and en-
forcement and liability under sections 106 and 107
227
of this title and the payment of reasonable service
charges.
‘‘(B) The Federal, State, interstate, and local
substantive and procedural requirements referred to
in subparagraph (A) include, but are not limited to,
all administrative orders and all civil and adminis-
trative penalties and fines, regardless of whether
such penalties and fines are punitive or coercive in
nature or are imposed for isolated, intermittent, or
continuing violations. The United States hereby ex-
pressly waives any immunity otherwise applicable to
the United States with respect to any such sub-
stantive or procedural requirement (including, but
not limited to, any injunctive relief, administrative
order or civil or administrative penalty or fine re-
ferred to in the preceding sentence, or reasonable
service charge).
‘‘(C) The reasonable service charges referred to
in this paragraph include, but are not limited to,
fees or charges assessed in connection with the proc-
essing and issuance of permits, renewal of permits,
amendments to permits, review of plans, studies,
and other documents, and inspection and monitoring
of facilities, as well as any other nondiscriminatory
228
charges that are assessed in connection with a State,
interstate, or local response program.
‘‘(D) Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or ex-
empt from any process or sanction of any State or
Federal court with respect to the enforcement of any
injunctive relief.
‘‘(E) No agent, employee, or officer of the
United States shall be personally liable for any civil
penalty under any Federal or State law relating to
response actions with respect to any act or omission
within the scope of their official duties. An agent,
employee, or officer of the United States shall be
subject to any criminal sanction (including, but not
limited to, any fine or imprisonment) under any
Federal or State response law, but no department,
agency, or instrumentality of the executive, legisla-
tive, or judicial branch of the United States shall be
subject to any such sanctions.
‘‘(F) The waiver of sovereign immunity pro-
vided in this paragraph shall not apply to the extent
a State law would apply any standard or require-
ment to such Federal department, agency, or instru-
mentality in a manner which is more stringent than
229
such standard or requirement would be applied to
any other person.
‘‘(G)(i) The Administrator may issue an order
under section 106 of this Act to any department,
agency, or instrumentality of the executive, legisla-
tive, or judicial branch of the United States. The
Administrator shall initiate an administrative en-
forcement action against such a department, agency,
or instrumentality in the same manner and under
the same circumstances as action would be initiated
against any other person.
‘‘(ii) No administrative order issued to such de-
partment, agency, or instrumentality shall become
final until such department, agency, or instrumental-
ity has had the opportunity to confer with the Ad-
ministrator.
‘‘(iii) Unless a State law in effect on the date
of enactment of the Superfund Improvement Act of
1998, or a State Constitution, requires the funds to
be used in a different manner, all funds collected by
a State from the Federal Government from penalties
and fines imposed for violation of any substantive or
procedural requirement referred to in subsection (a)
of this section shall be used by the State only for
projects designed to improve or protect the environ-
230
ment or to defray the costs of environmental protec-
tion or enforcement.
‘‘(I) Each such department, agency, and instru-
mentality shall have the right to contribution protec-
tion set forth in section 113, when such department,
agency, or instrumentality resolves its liability under
this Act.’’.
(3) By striking paragraph (4) of subsection (a).
(4) By inserting ‘‘(other than the indemnifica-
tion requirements of section 119)’’ after ‘‘respon-
sibility’’ in subsection (a)(3).
SEC. 602. ADJOINING STATES.
Section 121(f) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(f)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(4) The President shall provide to any State within
a 50-mile radius of a remedial action at a Federal facility
a reasonable opportunity to review and comment on each
of the following:
‘‘(A) The remedial investigation and feasibility
study and all data and technical documents leading
to its issuance.
‘‘(B) The planned remedial action identified in
the remedial investigation and feasibility study.
231
‘‘(C) The engineering design following selection
of the final remedial action.
‘‘(D) Other technical data and reports relating
to implementation of the remedy.
‘‘(E) Any proposed finding or decision by the
President to exercise the authority of subsection
(d)(4).’’.
SEC. 603. ENFORCEABILITY OF FEDERAL COMPLIANCE
AGREEMENTS.
Section 120(e) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620) is amended by adding the following at the
end:
‘‘(7) STATE REQUIREMENTS.—Notwithstanding
any other provision of this Act, an interagency
agreement under this section shall not impair or di-
minish the authority of a State to enforce compli-
ance with requirements of State or Federal law, un-
less those requirements have been—
‘‘(A) specifically addressed in the agree-
ment; or
‘‘(B) waived;
without objection after notice to the State on or be-
fore the date on which the response action is se-
lected.’’.
232
SEC. 604. REQUIREMENTS RELATING TO PROPERTY TRANS-
FERRED BY FEDERAL AGENCIES.
(a) ADDITIONAL
REQUIREMENT
RELATING
TO
LEASES OF PROPERTY LOCATED AT CLOSING MILITARY
INSTALLATIONS.—Section 120(h)(3)(B) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(3)(B)) is
amended in the last sentence—
(1) by striking out ‘‘and’’ before ‘‘that there are
adequate’’; and
(2) by adding before the period at the end the
following: ‘‘, and that such lease is unlikely to result
in the head of any department or agency having to
hold harmless, defend, and indemnify any person or
entity pursuant to applicable law’’.
(b) ENFORCEABLE AGREEMENT FOR REMEDIAL AC-
TION.—(1) Clause (i) of section 120(h)(3)(C) of such Act
(42 U.S.C. 9620(h)(3)(C)) is amended—
(A) by redesignating subclauses (III) and
(IV) as subclauses (V) and (VI), respectively;
and
(B) by inserting after subclause (II) the
following:
‘‘(III) the Federal agency re-
questing deferral has entered into an
enforceable agreement containing a
233
cleanup plan that identifies all re-
sponse actions needed to be taken and
schedules for completion of such ac-
tions;
‘‘(IV) the Federal agency re-
questing deferral has identified the in-
stitutional controls that are to be re-
lied on during and after the period of
deferral and the enforcement mecha-
nisms that will ensure the effective-
ness of such controls;’’.
(2) Clause (ii) of section 120(h)(3)(C) of such Act
(42 U.S.C. 9620(h)(3)(C)) is amended—
(A) by redesignating subclauses (III) and (IV)
as subclauses (IV) and (V), respectively;
(B) by inserting after subclause (II) the follow-
ing:
‘‘(III) provide that all restrictions
on the use of the property shall apply
to and be binding on any transferee or
assignee, and that the United States
and the State in which the property is
located are third-party beneficiaries
for purposes of enforcing the land use
restrictions;’’; and
234
(C) in subclause (V), as so redesignated—
(i) by striking ‘‘adequately addresses’’ and
inserts ‘‘, if approved, would result in sufficient
funding to comply fully with all’’; and
(ii) by striking ‘‘action, subject to congres-
sional authorizations and appropriations.’’ and
inserting ‘‘action.’’.
(3) Clause (iv) of section 120(h)(3)(C) of such Act
(42 U.S.C. 9620(h)(3)(C)) is amended by striking ‘‘any
rights or obligations of a Federal agency (including any
rights or obligations’’ and inserting ‘‘any rights, obliga-
tions, or liability of a Federal agency under any Federal
or State law (including any rights, obligations, or liabil-
ity’’.
SEC. 605. INNOVATIVE TECHNOLOGIES FOR REMEDIAL AC-
TION AT FEDERAL FACILITIES.
(a) IN GENERAL.—Section 311 (42 U.S.C. 9660) is
amended by adding at the end the following:
‘‘(h) FEDERAL FACILITIES.—
‘‘(1) DESIGNATION.—The President may des-
ignate a facility that is owned or operated by any de-
partment, agency, or instrumentality of the United
States, and that is listed or proposed for listing on
the National Priorities List, to facilitate the re-
235
search, development, and application of innovative
technologies for remedial action at the facility.
‘‘(2) USE OF FACILITIES.—
‘‘(A) IN GENERAL.—A facility designated
under paragraph (1) may be made available to
Federal departments and agencies, State de-
partments and agencies, and public and private
instrumentalities, to carry out activities de-
scribed in paragraph (1).
‘‘(B) 
COORDINATION.—The 
Adminis-
trator—
‘‘(i) shall coordinate the use of the fa-
cilities with the departments, agencies, and
instrumentalities of the United States and
with other persons and instrumentalties;
and
‘‘(ii) may approve or deny the use of
a particular innovative technology for re-
medial action at any such facility.’’.
(b) REPORT
TO CONGRESS.—Section 311(e) (42
U.S.C. 9660(e)) is amended—
(1) by striking ‘‘At the time’’ and inserting the
following:
‘‘(1) IN GENERAL.—At the time’’; and
(2) by adding at the end the following:
236
‘‘(2) ADDITIONAL
INFORMATION.—A report
under paragraph (1) shall include information on the
use of facilities described in subsection (h)(1) for the
research, development, and application of innovative
technologies for remedial activity, as authorized
under subsection (h).’’.
TITLE VII—STATE ROLES
SEC. 701. DELEGATION OF AUTHORITY TO STATES.
Title I of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.), as amended by title II of this Act,
is further amended by adding after section 129 the follow-
ing new section:
‘‘SEC. 130. DELEGATION OF AUTHORITY TO STATES.
‘‘(a) IN GENERAL.—
‘‘(1) APPLICATION FOR AUTHORITY TO TAKE
PREREMEDIAL ACTION AT NON-NPL FACILITIES.—A
State may apply to the Administrator to take or re-
quire preremedial actions (including removal actions)
under a contract or cooperative agreement as pro-
vided in this section at any non-federally owned or
operated facility within the boundaries of the State
that is not listed on the National Priorities List
(NPL).
237
‘‘(2) APPLICATION FOR AUTHORITY TO TAKE
RESPONSE
ACTION
AT
NPL
FACILITIES.—(A) A
State may apply to the Administrator to take or re-
quire any or all of the actions listed in subparagraph
(B) under a contract or cooperative agreement as
provided in this section at any non-federally owned
or operated facility within the boundaries of the
State that is listed on the National Priorities List
(NPL) or to take or require removal actions at any
facility proposed for listing on the National Prior-
ities List.
‘‘(B) The actions referred to in subparagraph
(A) are the following:
‘‘(i) Response actions under section 104.
‘‘(ii) 
Response 
actions 
under 
section
106(a) and enforcement under section 106(b).
‘‘(iii) Cost recovery actions under section
107.
‘‘(iv) Remedy selections under section 121.
‘‘(v) Settlements under section 122.
‘‘(vi) Allocations under section 128.
‘‘(vii) Community participation activities
under section 117, other than the making of
grants for technical assistance under section
117(e).
238
‘‘(3) APPROVAL OF APPLICATION.—The Admin-
istrator shall enter into a contract or cooperative
agreement under this section if the Administrator
determines that the State—
‘‘(A) meets the qualification requirements
set forth in the regulations promulgated pursu-
ant to subsection (b); and
‘‘(B) with respect to authority to select re-
medial actions and use allocation procedures,
meets the qualification requirements set forth
in subsection (c).
‘‘(b) REGULATIONS.—The Administrator, in con-
sultation with the States, shall promulgate regulations to
implement this section. The regulations shall provide such
additional qualifications for a contract or cooperative
agreement under this section as the Administrator consid-
ers reasonable, including qualifications applicable to par-
ticular types of preremedial or response actions. The regu-
lations shall include requirements that—
‘‘(1) the Administrator must provide notice and
an opportunity for public comment on the applica-
tion submitted pursuant to subsection (a)(2);
‘‘(2) entering into the contract or cooperative
agreement will not cause delay in the response ac-
239
tion and will not result in waste of Federal funds
that have been obligated or expended; and
‘‘(3) in order for a State to qualify for a con-
tract or cooperative agreement with respect to a fa-
cility under this section, the State may not be a
major potentially responsible party with respect to
that facility.
‘‘(c) QUALIFICATION
REQUIREMENTS
WITH
RE-
SPECT TO SELECTION OF REMEDIAL ACTION AND USE
OF ALLOCATION PROCEDURES.—For purposes of sub-
section (a)(3)(B), with respect to a contract or cooperative
agreement under this section for authority to select reme-
dial action or to use the allocation procedures under sec-
tion 128, the Administrator also shall make each of the
following determinations:
‘‘(1) The State has the capability to select re-
medial actions or to use the allocation procedures
under section 128, including adequate legal author-
ity, financial and personnel resources, organization,
and expertise.
‘‘(2) The State meets any other qualifications
set forth in the regulations promulgated under sub-
section (b) for selecting remedial actions or using
the allocation procedures.
240
‘‘(3) The State demonstrates a historical record
of performing similar response actions.
‘‘(d) REQUIREMENTS FOR SELECTION OF REMEDIAL
ACTION.—In any contract or cooperative agreement that
allows a State to select remedial actions, the State shall
agree to select such remedial actions in accordance with
all of the procedures and requirements set forth in sec-
tions 117 and 121 of this Act, the National Contingency
Plan, and any other relevant regulations and guidelines
adopted by the Administrator.
‘‘(e) STATE AUTHORITY REGARDING ENFORCEMENT
OF SELECTED REMEDIAL ACTION.—(1) A State that se-
lects a remedial action pursuant to a contract or coopera-
tive agreement entered into under subsection (a) shall
have the authority to enforce a settlement, order, or agree-
ment requiring such remedial action (and the require-
ments of the remedial action) in the United States district
court for the district in which the facility is located.
‘‘(2) Such State also shall have the authority to en-
force compliance with any standard, regulation, condition,
requirement, order, or final determination of the State
with respect to the remedial action. Such State also may
seek civil penalties not to exceed $25,000 per day for any
violation of such standard, regulation, condition, require-
ment, order, or final determination. Such State may com-
241
mence an action seeking such relief unless the standard,
regulation, condition, requirement, order, or final deter-
mination is arbitrary, capricious, or contrary to law when
reviewed upon the administrative record presented by the
State.
‘‘(3) In addition, if expressly provided in the contract
or cooperative agreement, such State may waive a Federal
requirement applicable to the remedial action in accord-
ance with section 121.
‘‘(f) REQUIREMENTS FOR ENFORCEMENT AND ALLO-
CATION.—
‘‘(1) ENFORCEMENT.—In the case of a contract
or cooperative agreement providing for a State to
initiate an enforcement action with respect to a facil-
ity for purposes of recovering costs or compelling
performance of a remedy at the facility, the contract
or cooperative agreement shall require the State to
provide for expedited settlements under section 122.
‘‘(2) USE OF ALLOCATION PROCEDURES.—(A)
In the case of a contract or cooperative agreement
providing for a State to initiate an enforcement ac-
tion with respect to a facility subject to mandatory
allocation pursuant to section 128(b)(1), the con-
tract or cooperative agreement shall require the
State to use allocation procedures with respect to
242
the facility. The contract or cooperative agreement
shall require the State to initiate the allocation proc-
ess by certifying each of the following:
‘‘(i) The State has completed a potentially
responsible party search substantially consistent
with subsection (c) of section 128 and will make
the results of that search available to the allo-
cator and the parties.
‘‘(ii) The State has notified Federal, State,
and tribal natural resource trustees of the com-
mencement of the allocation process and, pursu-
ant to section 104(b)(2), of potential damages
to natural resources.
‘‘(iii) The facility would be subject to man-
datory allocation under section 128 if the Presi-
dent were conducting the response action.
‘‘(B) After the State has made a certification
under subparagraph (A), the Administrator shall ini-
tiate an allocation in accordance with the terms of
section 128. The Administrator may assign to the
State, by cooperative agreement or otherwise, any
responsibilities to conduct the allocation, except that
the Administrator and Attorney General shall retain
their authority relating to orphan share funding as
provided by this paragraph and in section 128, in-
243
cluding the timing and terms of payment (subject to
the availability of funds pursuant to section
128(m)). The State may accept or reject the alloca-
tion report on the same basis as provided in section
128(h). If the State does not reject the allocation,
it shall use the allocator’s report as the basis of
State settlements. The State may recover the costs
of the allocation pursuant to State law or the provi-
sions of this Act.
‘‘(D) The President, through either the Admin-
istrator or the Attorney General, or both, may par-
ticipate in any phase of an allocation proceeding
where an orphan share is identified according to the
factors set forth in section 128.
‘‘(E) If the State accepts an allocation report
as the basis for its settlements, and the allocation
report identifies an orphan share subject to Federal
funding, the State shall apply for such funding by
certifying each of the following to the Administrator
and the Attorney General:
‘‘(i) The allocation presents a reasonable
basis for resolving responsibility for the facility.
‘‘(ii) The assignment of an orphan share
shall be in accordance with section 128.
244
‘‘(F) The Administrator and the Attorney Gen-
eral shall accept a State’s request for orphan share
funding supported by an allocation report and the
certification described in subparagraph (E), unless
the Administrator and Attorney General determine,
within 120 days after the request by the State, that
the allocation does not meet the standards set forth
in section 128. Such determination shall be made in
the same manner, and shall be subject to the same
limitations, as set forth in section 128.
‘‘(G) The contract or cooperative agreement
shall provide the following:
‘‘(i) The Administrator may deduct from
orphan share funding the costs incurred in con-
ducting the allocation.
‘‘(ii) The State may use the orphan share
funding only to fund response actions through
settlement or to reimburse parties performing
work in excess of the share assigned to them in
allocation. No such reimbursement may exceed
the reimbursement level available under section
128.
‘‘(H) The State may recover funds provided
through orphan share funding from nonsettling re-
sponsible parties pursuant to State law or the provi-
245
sions of this Act. Seventy-five percent of such recov-
ered funds shall be returned to the Fund. The re-
maining 25 percent may be used by the recovering
State only for any other response action eligible
under section 111 and cost sharing requirements
under section 104(c)(3)).
‘‘(3) COVENANTS.—(A) In a case in which ei-
ther the President, acting under the authority of this
Act, or a State, acting pursuant to a contract or co-
operative agreement under this section, has respon-
sibility for selecting a response action at a facility
listed or proposed for listing on the National Prior-
ities List and enters an administrative or judicial
settlement to resolve the liability of responsible par-
ties at the facility, the President or the State may
confer, in accordance with requirements relating to
covenants of section 122, a covenant that will pre-
clude some or all administrative or judicial action by
both the President and the State to recover response
costs or to compel response actions at the facility
with respect to matters addressed in the settlement,
except that such covenants shall not be binding on
the governmental entity that did not confer the cov-
enant to the extent that—
246
‘‘(i) the covenant purports to address natu-
ral resource damages; or
‘‘(ii) the President or the State has not
been provided notice of, and an opportunity to
participate in, the settlement concerning the re-
sponse action; or
‘‘(iii) the President or the State objects to
the settlement within 120 days of the date of
signature for the record of decision or receipt of
notice of the settlement, whichever is later.
‘‘(B) The covenants described by this para-
graph may be conferred by either the Administrator
or the State with respect to a facility owned or oper-
ated by any department, agency, or instrumentality
of the United States (including the executive, legisla-
tive, and judicial branches of government). The Ad-
ministrator may confer a covenant in an administra-
tive order, consent decree, or an interagency agree-
ment. The State may confer a covenant in an ad-
ministrative order or a consent decree.
‘‘(g) TERMS AND CONDITIONS; ENFORCEMENT.—
‘‘(1) IN GENERAL.—A contract or cooperative
agreement under this section shall be subject to such
terms and conditions as the Administrator may pre-
scribe. If a State fails to comply with a requirement
247
of a contract or cooperative agreement, the Adminis-
trator, after 90 days notice to the affected State,
may seek in the appropriate United States district
court to ensure performance of the response action,
or to recover any funds advanced or any costs in-
curred because of the breach.
‘‘(2) SPECIFIC TERMS.—A contract or coopera-
tive agreement under this section shall include the
following requirements:
‘‘(A) A requirement that the State shall
exercise any authority conferred by this section
or the contract or cooperative agreement on be-
half of the State, and not on behalf of or in the
name of the Administrator, the President, or
the United States.
‘‘(B) A requirement that the State have
and maintain sufficient legal authority under
applicable State law to enter into the contract
or cooperative agreement.
‘‘(C) A requirement that the Administrator
retain authority to terminate and recoup fund-
ing, and to terminate or renegotiate as appro-
priate the contract or cooperative agreement, if
the State fails to perform the contract or coop-
erative agreement in a manner consistent with
248
this Act. At least 90 days before terminating
any contract or cooperative agreement with a
State, the Administrator shall provide to the
State a written explanation of the reasons for
the proposed termination and afford an oppor-
tunity to the State to discuss the termination
and to propose actions to correct any defi-
ciencies.
‘‘(D) A requirement imposing a non-
discretionary duty on the Administrator to per-
form or compel expeditious performance of re-
sponse actions under the contract or cooperative
agreement if the State fails to comply with the
terms of the contract or cooperative agreement.
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall
affect the exercise by a State of any other authorities that
may be applicable to facilities in such State.’’.
SEC. 702. STATE COST SHARE.
Section 104(c) is amended by adding at the end the
following new paragraphs:
‘‘(10) EXISTING
CONTRACTS
AND
COOPERATIVE
AGREEMENTS.—The requirements of paragraphs (3), (6),
and (7) of this subsection shall apply only to contracts
and cooperative agreements pursuant to section 104(d)