I
107TH CONGRESS
1ST SESSION
H. R. 324
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to promote brownfields redevelopment, to reauthor-
ize and reform the Superfund program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2001
Mr. BOEHLERT introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, and Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 to promote
brownfields redevelopment, to reauthorize and reform the
Superfund program, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Recycle America’s Land Act of 2001’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980.
Sec. 3. Effective date.
TITLE I—BROWNFIELDS REVITALIZATION
Sec. 101. Savings provision.
Sec. 102. Brownfields.
Sec. 103. Assistance for voluntary cleanup programs.
Sec. 104. Enforcement in cases of a release subject to a State response action.
Sec. 105. Additions to National Priorities List.
TITLE II—COMMUNITY PARTICIPATION AND HUMAN HEALTH
Subtitle A—Community Participation
Sec. 201. Improving citizen and community participation in decisionmaking.
Sec. 202. Additional information requirements.
Sec. 203. Technical assistance grants.
Sec. 204. Understandable presentation of materials.
Sec. 205. Public participation in removal actions.
Sec. 206. Community study.
Sec. 207. Definitions.
Subtitle B—Human Health
Sec. 221. Public health authorities.
Sec. 222. Indian health provisions.
Sec. 223. Hazard ranking system.
Sec. 224. Facility scoring.
TITLE III—LIABILITY REFORM
Sec. 301. Amendments to section 106.
Sec. 302. Innocent parties.
Sec. 303. Statutory construction.
Sec. 304. Livestock treatment.
Sec. 305. Liability relief for small businesses, municipal solid waste, sewage
sludge, municipal owners and operators, and de micromis con-
tributors.
Sec. 306. Amendments to section 113.
Sec. 307. Liability of response action contractors.
Sec. 308. Amendments to section 122.
Sec. 309. Clarification of liability for recycling transactions.
Sec. 310. Allocation.
TITLE IV—REMEDY SELECTION
Sec. 401. Remedy selection.
Sec. 402. Hazardous substance property use.
Sec. 403. Risk assessment standards.
TITLE V—GENERAL PROVISIONS
Sec. 501. Trust fund defined.
Sec. 502. Indian tribes.
Sec. 503. Grants for training and education of workers.
Sec. 504. State cost share.
Sec. 505. State and local reimbursement for response actions.
Sec. 506. State role at Federal facilities.
Sec. 507. Federal cost study.
Sec. 508. No preemption of State law claims.
Sec. 509. Purchase of American-made equipment, products, and technologies.
Sec. 510. Development of new technologies and methods.
TITLE VI—EXPENDITURES FROM THE HAZARDOUS SUBSTANCE
SUPERFUND
Sec. 601. Expenditures from the Hazardous Substance Superfund.
Sec. 602. Authorization of appropriations from general revenues.
Sec. 603. Completion of National Priorities List.
TITLE VII—REVENUES
Sec. 701. Sense of Committee on Transportation and Infrastructure.
SEC. 2. AMENDMENTS TO COMPREHENSIVE ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LI-
ABILITY ACT OF 1980.
Except as otherwise specifically provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
SEC. 3. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act,
and the amendments made by this Act, shall become effec-
tive on the date of enactment of this Act.
TITLE I—BROWNFIELDS
REVITALIZATION
SEC. 101. SAVINGS PROVISION.
Nothing in this title (including the amendments made
by this title) may be construed to affect the President’s
authority to respond to a release or threatened release of
a hazardous substance, pollutant, or contaminant under
section 104 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980.
SEC. 102. BROWNFIELDS.
Title I (42 U.S.C. 9601 et seq.) is amended by adding
at the end the following:
‘‘SEC. 127. BROWNFIELDS.
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) ADMINISTRATIVE
COST.—The term ‘ad-
ministrative cost’ does not include the cost of—
‘‘(A) site inventories;
‘‘(B) investigation and identification of the
extent of contamination;
‘‘(C) design and performance of a response
action; or
‘‘(D) monitoring of natural resources.
‘‘(2) BROWNFIELD FACILITY.—
‘‘(A) IN GENERAL.—The term ‘brownfield
facility’ means real property with respect to
which expansion, development, or redevelopment
is complicated by the presence or potential pres-
ence of a hazardous substance.
‘‘(B) EXCLUDED
FACILITIES.—The term
‘brownfield facility’ does not include—
‘‘(i) any portion of real property that
is the subject of an ongoing removal or
planned removal under section 104;
‘‘(ii) any portion of real property that
is listed or has been proposed for listing on
the National Priorities List;
‘‘(iii) any portion of real property with
respect to which a cleanup is proceeding
under a permit, an administrative order, or
a judicial consent decree entered into by
the United States or an authorized State
under this Act, the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), the Federal
Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Toxic Substances Con-
trol Act (15 U.S.C. 2601 et seq.), or the
Safe Drinking Water Act (42 U.S.C. 300f
et seq.);
‘‘(iv) a facility that is owned or oper-
ated by a department, agency, or instru-
mentality of the United States, except a
facility located on lands held in trust for
an Indian tribe; or
‘‘(v) a portion of a facility for which
assistance for response activity has been
obtained under subtitle I of the Solid
Waste Disposal Act (42 U.S.C. 6991 et
seq.) from the Leaking Underground Stor-
age Tank Trust Fund established under
section 9508 of the Internal Revenue Code
of 1986.
‘‘(3) ELIGIBLE ENTITY.—
‘‘(A) IN GENERAL.—The term ‘eligible en-
tity’ means—
‘‘(i) a State or a political subdivision
of a State, including—
‘‘(I) a general purpose unit of
local government; and
‘‘(II) a regional council or group
of general purpose units of local gov-
ernment;
‘‘(ii) a redevelopment agency that is
chartered or otherwise sanctioned by a
State or other unit of government; and
‘‘(iii) an Indian tribe.
‘‘(B) EXCLUDED ENTITIES.—The term ‘el-
igible entity’ does not include any entity that is
not in full compliance with the requirements of
an administrative order, judicial consent decree,
or closure plan under a permit which has been
issued or entered into by the United States or
an authorized State under this Act, the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.),
the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.), or the
Safe Drinking Water Act (42 U.S.C. 300f et
seq.) with respect to the real property or por-
tion thereof which is the subject of the order,
judicial consent decree, or closure plan.
‘‘(b) 
BROWNFIELD
ASSESSMENT
GRANT
PRO-
GRAM.—
‘‘(1) 
ESTABLISHMENT
OF
PROGRAM.—The
President shall establish a program to provide
grants to eligible entities for inventory and assess-
ment of brownfield facilities.
‘‘(2) ASSISTANCE FOR SITE ASSESSMENT.—On
approval of an application made by an eligible entity,
the President may make grants to the eligible entity
to be used for developing an inventory and con-
ducting an assessment (including an assessment of
public health implications) of 1 or more brownfield
facilities.
‘‘(3) APPLICATIONS.—
‘‘(A) IN
GENERAL.—Any eligible entity
may submit an application to the President, in
such form as the President may require, for a
grant under this subsection for 1 or more
brownfield facilities.
‘‘(B) APPLICATION
REQUIREMENTS.—An
application for a grant under this subsection
shall include information relevant to the rank-
ing criteria established under paragraph (4) for
the facility or facilities for which the grant is
requested.
‘‘(4) RANKING CRITERIA.—The President shall
establish a system for ranking grant applications
submitted under this subsection that includes the
following criteria:
‘‘(A) The demonstrated need for Federal
assistance.
‘‘(c) BROWNFIELD
REMEDIATION
GRANT
PRO-
GRAM.—
‘‘(1) 
ESTABLISHMENT
OF
PROGRAM.—The
President shall establish a program to provide
grants to eligible entities to be used for capitaliza-
tion of revolving loan funds for remedial actions at
brownfield facilities.
‘‘(2) ASSISTANCE
FOR
SITE
REMEDIATION.—
Upon approval of an application made by an eligible
entity, the President may make grants to the eligible
entity to be used for establishing a revolving loan
fund. Any fund established using such grants shall
be used to make loans to a State, a site owner, or
a site developer for the purpose of carrying out re-
medial actions at 1 or more brownfield facilities.
‘‘(3) 
ASSISTANCE
FOR
DEVELOPMENT
OF
LOCAL
GOVERNMENT
SITE
REMEDIATION
PRO-
GRAMS.—A local government that receives a grant
under this subsection may use up to 10 percent of
the amount of the grant to develop and implement
a brownfields site remediation program, including
monitoring of human health of any populations ex-
posed to hazardous substances from brownfields fa-
cilities, and monitoring and enforcement of any in-
stitutional controls required to prevent human expo-
sure to any hazardous substances from brownfields
facilities.
‘‘(4) APPLICATIONS.—
‘‘(A) IN
GENERAL.—Any eligible entity
may submit an application to the President, in
such form as the President may require, for a
grant under this subsection.
‘‘(B) APPLICATION
REQUIREMENTS.—An
application under this subsection shall include
information relevant to the ranking criteria es-
tablished under paragraph (5).
‘‘(5) RANKING CRITERIA.—The President shall
establish a system for ranking grant applications
submitted under this subsection that includes the
following criteria:
‘‘(A) The adequacy of the financial con-
trols and resources of the eligible entity to ad-
minister a revolving loan fund in accordance
with this subsection.
‘‘(B) The ability of the eligible entity to
monitor the use of funds provided to loan re-
cipients under this subsection.
‘‘(C) The ability of the eligible entity to en-
sure that a remedial action funded by the grant
will be conducted under the authority of a State
cleanup program that ensures that the remedial
action is protective of human health and the en-
vironment.
‘‘(D) The ability of the eligible entity to
ensure that any cleanup funded under this sub-
section will comply with all laws that apply to
the cleanup.
‘‘(E) The need of the eligible entity for fi-
nancial assistance to clean up brownfield sites
that are the subject of the application, taking
into consideration the financial resources avail-
able to the eligible entity.
‘‘(F) The ability of the eligible entity to
ensure that the applicants repay the loans in a
timely manner.
‘‘(G) The plans of the eligible entity for
using the grant to stimulate economic develop-
ment or creation of recreational areas on com-
pletion of the cleanup.
‘‘(H) The plans of the eligible entity for
using the grant to stimulate the availability of
other funds for environmental remediation and
subsequent redevelopment of the area in which
the brownfield facilities are located.
‘‘(I) The plans of the eligible entity for
using the grant to facilitate a reduction of
health and environmental risks.
‘‘(J) The plans of the eligible entity for
using the grant for remediation and subsequent
development that involve the active participa-
tion and support of the local community.
‘‘(6) MAXIMUM
GRANT
AMOUNT.—A grant
made to an eligible entity under this subsection may
not exceed $1,000,000.
‘‘(d) GENERAL PROVISIONS.—
‘‘(1) PROHIBITION.—No part of a grant under
this section may be used for the payment of pen-
alties or fines. Except as provided in subsection
(c)(3), no part of such a grant may be used for the
payment of administrative costs.
‘‘(2) AUDITS.—The President shall audit an ap-
propriate number of grants made under subsections
(b) and (c) to ensure that funds are used for the
purposes described in this section.
‘‘(3) AGREEMENTS.—
‘‘(A) TERMS
AND
CONDITIONS.—Each
grant made under this section shall be subject
to an agreement that—
‘‘(i) requires the eligible entity to
comply with all applicable Federal and
State laws;
‘‘(ii) requires the eligible entity to use
the grant exclusively for the purposes spec-
ified in subsection (b) or (c);
‘‘(iii) in the case of an application by
a State under subsection (c), requires pay-
ment by the State of a matching share, of
at least 50 percent of the amount of the
grant, from other sources of funding;
‘‘(iv) requires that grants under this
section will not supplant State or local
funds normally provided for the purposes
specified in subsection (b) or (c); and
‘‘(v) contains such other terms and
conditions as the President determines to
be necessary to ensure proper administra-
tion of the grants.
‘‘(B) LIMITATION.—The President shall
not place terms or conditions on grants made
under this section other than the terms and
conditions specified in subparagraph (A).
‘‘(4) LEVERAGING.—An eligible entity that re-
ceives a grant under this section may use the funds
for part of a project at a brownfield facility for
which funding is received from other sources, includ-
ing other Federal sources, but the grant shall be
used only for the purposes described in subsection
(b) or (c).
‘‘(e) APPROVAL.—
‘‘(1) INITIAL GRANT.—Before the expiration of
the fourth quarter of the first fiscal year following
the date of enactment of this section, the President
shall make grants under this section to eligible enti-
ties and States that submit applications, before the
expiration of the second quarter of such year, that
the President determines have the highest rankings
under the ranking criteria established under sub-
section (b)(4) or (c)(5).
‘‘(2) SUBSEQUENT
GRANTS.—Beginning with
the second fiscal year following the date of enact-
ment of this section, the President shall make an an-
nual evaluation of each application received during
the prior fiscal year and make grants under this sec-
tion to eligible entities and States that submit appli-
cations during the prior year that the President de-
termines have the highest rankings under the rank-
ing criteria established under subsection (b)(4) or
(c)(5).
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out this section
such sums as may be necessary. Such funds shall remain
available until expended.’’.
SEC. 103. ASSISTANCE FOR VOLUNTARY CLEANUP PRO-
GRAMS.
Title I (42 U.S.C. 9601 et seq.) is further amended
by adding at the end the following:
‘‘SEC. 128. STATE VOLUNTARY CLEANUP PROGRAMS.
‘‘(a) ASSISTANCE TO STATES.—The Administrator
may provide technical and other assistance to States to
establish and expand State voluntary cleanup programs.
‘‘(b) ELIGIBLE PURPOSES.—The purposes for which
assistance may be provided under subsection (a) include
the following:
‘‘(1) Providing technical assistance for response
actions.
‘‘(2) Providing adequate opportunities for pub-
lic participation, including prior notice and oppor-
tunity for comment in appropriate circumstances, in
selecting response actions.
‘‘(3) Developing streamlined procedures to en-
sure expeditious response actions.
‘‘(4) Providing oversight and enforcement of re-
sponse actions.
‘‘(5) Performing site inventories and assess-
ments.
‘‘(c) PROHIBITION ON CONDITIONS.—A State may
request assistance under this section for 1 or more eligible
purposes. The President may require that such assistance
be used to carry out the eligible purposes for which the
assistance is provided, but may not require as a condition
of such assistance that the State take actions unrelated
to such purposes.
‘‘(d) FUNDING.—There is authorized to be appro-
priated for assistance to States under this section
$25,000,000 for each of fiscal years 2000 through 2007.
The amount of such assistance shall be distributed among
each of the States that notifies the Administrator of the
State’s intent to establish a State voluntary cleanup pro-
gram and each of the States with a State voluntary clean-
up program.
‘‘(e) MINIMUM AMOUNT OF ASSISTANCE.—Subject to
appropriations, the minimum amount of assistance the
Administrator may provide to a State voluntary cleanup
program under this section for a fiscal year shall be
$250,000.
‘‘(f) LIMITATION ON ASSISTANCE FOR SITE INVEN-
TORIES.—A State that receives assistance under this sec-
tion in a fiscal year shall not be eligible in assistance for
site inventories and assessments under section 127(b) in
such fiscal year.’’.
SEC. 104. ENFORCEMENT IN CASES OF A RELEASE SUBJECT
TO A STATE RESPONSE ACTION.
Title I (42 U.S.C. 9601 et seq.) is further amended
by adding at the end the following:
‘‘SEC. 129. ENFORCEMENT IN CASES OF A RELEASE SUB-
JECT TO A STATE RESPONSE ACTION.
‘‘(a) ENFORCEMENT.—Except as provided in sub-
section (b), in the case of a facility that is not listed or
proposed for listing on the National Priorities List and
at which there is a release or threatened release of a haz-
ardous substance, neither the President nor any other per-
son (other than a State) may use authority under this Act
against any person who is conducting or has completed
a response action in compliance with a State law that spe-
cifically governs response actions for the protection of pub-
lic health and the environment—
‘‘(1) to take an administrative or judicial en-
forcement action under section 106;
‘‘(2) to take a judicial enforcement action to re-
cover response costs under section 107 or 113; or
‘‘(3) to bring a private civil action to recover re-
sponse costs under section 107 or 113;
regarding any release or threatened release that is ad-
dressed by such response action.
‘‘(b) EXCEPTIONS.—The President may bring an ad-
ministrative enforcement action or a judicial enforcement
action to recover response costs under this Act with re-
spect to a facility described in subsection (a) if—
‘‘(1) the State requests the President to take
such action;
‘‘(2) the President determines that response ac-
tions are immediately required to prevent, limit, or
mitigate an emergency and the State will not take
the necessary response actions in a timely manner;
‘‘(3) the Agency for Toxic Substances and Dis-
ease Registry issues a public health advisory with re-
spect to the facility; or
‘‘(4) the President determines that contamina-
tion has migrated across a State line, resulting in
the need for further response action to protect
human health or the environment and the affected
States will not take the necessary response actions
in a timely manner.
‘‘(c) REPORT TO CONGRESS.—Not later than 30 days
after the date of any enforcement action by the President
against a person described in subsection (a), the President
shall submit a report to Congress describing the factual
and legal basis for such action, with specific reference to
the facts demonstrating that action is permitted under
subsection (b).’’.
SEC. 105. ADDITIONS TO NATIONAL PRIORITIES LIST.
(a) NPL DEFERRALS.—Section 105 (42 U.S.C.
9605) is amended by adding at the end the following:
‘‘(h) NPL DEFERRALS.—
‘‘(1) DEFERRALS TO OTHER FEDERAL AUTHOR-
ITY.—The President generally shall defer listing a
facility on the National Priorities List if long-term
remedial action will be conducted under other Fed-
eral authorities, including the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1201 et seq.), the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.), and the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.).
‘‘(2) DEFERRAL
TO
STATE
RESPONSE
AC-
TION.—The President generally shall defer listing a
facility on the National Priorities List if remedial
action that will provide long-term protection of
human health and the environment is underway at
that facility under a State response program.
‘‘(3) ENCOURAGING STATE VOLUNTARY CLEAN-
UPS.—At the request of a State, the President shall
defer final listing of a facility on the National Prior-
ities List if the State is attempting to obtain an
agreement from a person or persons to perform a re-
medial action that will provide long-term protection
of human health and the environment at such facil-
ity under a State response program. If, after the last
day of the 1-year period beginning on the date that
the President proposes to list the facility on the Na-
tional Priorities List, the President finds that the
State is not making reasonable progress toward ob-
taining such an agreement, the President may place
the facility on the National Priorities List.’’.
(b) CROSS REFERENCE.—Section 105(a)(8)(B) (42
U.S.C. 9605(a)(8)(B)) is amended by inserting after
‘‘shall revise the list’’ the following: ‘‘, subject to sub-
section (h),’’.
TITLE II—COMMUNITY PARTICI-
PATION AND HUMAN HEALTH
Subtitle A—Community
Participation
SEC. 201. IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION IN DECISIONMAKING.
(a) TECHNICAL AMENDMENTS.—Section 117 (42
U.S.C. 9617) is amended—
(1) in subsection (a)—
(A) by striking ‘‘PROPOSED PLAN’’ and in-
serting ‘‘PROPOSED PLAN’’;
(B) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively;
and
(C) by striking ‘‘under paragraph (1)’’ and
inserting ‘‘under subparagraph (A)’’;
(2) by redesignating subsection (a) as para-
graph (4) and moving the text of such paragraph 2
ems to the right;
(3) in subsection (b) by striking ‘‘FINAL PLAN’’
and inserting ‘‘FINAL PLAN’’;
(4) in subsection (c)—
(A) by striking ‘‘EXPLANATION OF DIF-
FERENCES’’ and inserting ‘‘EXPLANATION OF
DIFFERENCES’’; and
(B) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and (C), re-
spectively; and
(5) by redesignating subsections (b) and (c) as
paragraphs (6) and (7) and moving the text of such
paragraphs 2 ems to the right.
(b) PARTICIPATION IN DECISIONMAKING.—
(1) IMPROVING CITIZEN AND COMMUNITY PAR-
TICIPATION IN DECISIONMAKING.—Section 117 (42
U.S.C. 9617) is further amended by inserting after
the section heading the following:
‘‘(a) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION IN DECISIONMAKING.—
‘‘(1) IN GENERAL.—In order to provide an op-
portunity for meaningful public participation at
every significant phase of a response action at a cov-
ered facility, the President shall take the actions
specified in this subsection. Public meetings required
under this subsection shall be designed to obtain in-
formation from the community and to disseminate
information to the community concerning the Presi-
dent’s activities at a covered facility.
‘‘(2) PRELIMINARY ASSESSMENT AND SITE IN-
SPECTION.—
‘‘(A) EVALUATION OF CONCERNS.—To the
extent practicable, before or during site inspec-
tion, the President shall solicit and evaluate
concerns, interests, and information from af-
fected Indian Tribes, the affected community,
local government officials, and State and local
health officials.
‘‘(B) REQUIREMENTS FOR EVALUATION.—
An evaluation under subparagraph (A) shall in-
clude, as appropriate, face-to-face community
surveys to identify the location of private drink-
ing 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 re-
sponses to significant concerns; and other ap-
propriate participatory activities.
‘‘(3) REMEDIAL
INVESTIGATION
AND
FEASI-
BILITY STUDY.—
‘‘(A) PUBLIC
MEETINGS.—The President
shall provide, as appropriate, an opportunity for
public meetings and publish a notice of such
meetings before or during the remedial inves-
tigation and feasibility study.
‘‘(B) SOLICITATION
OF
VIEWS.—During
the remedial investigation and feasibility study,
the President shall solicit the views and pref-
erences of affected Indian tribes, the affected
community, local government officials, and
State and local health officials on the remedi-
ation and disposition of hazardous substances,
pollutants, 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 alter-
natives for the facility.’’.
(2) COMPLETION
OF
WORK
PLAN.—Section
117(a) (42 U.S.C. 9617(a)) is amended by inserting
after paragraph (4) of such section, as redesignated
by subsection (a)(2) of this section, the following:
‘‘(5) COMPLETION OF WORK PLAN.—The Presi-
dent shall provide, as appropriate, an opportunity
for public meetings and publish a notice of such
meetings before or during the completion of the
work plan for the remedial action.’’.
(c) ALTERNATIVES; SELECTING APPROPRIATE AC-
TIVITIES; PROVIDING INFORMATION.—Section 117(a) (42
U.S.C. 9617(a)) is amended by inserting after paragraph
(7) of such section, as redesignated by subsection (a)(5)
of this section, the following:
‘‘(8) ALTERNATIVES.—Pursuant to paragraph
(4), affected Indian tribes, the affected community,
local government officials, and State and local health
officials may propose remedial alternatives to the
President. The President shall consider such alter-
natives in the same manner as the President con-
siders alternatives proposed by other parties.
‘‘(9) SELECTING APPROPRIATE ACTIVITIES.—In
determining which of the activities set forth in para-
graph (2) may be appropriate, the President may
consult with affected Indian tribes, the affected com-
munity, local government officials, and State and
local health officials.
‘‘(10) PROVIDING INFORMATION.—
‘‘(A) IN
GENERAL.—The President shall
provide information to affected Indian tribes,
the affected community, local government offi-
cials, and State and local health officials at
every significant phase of the response action at
the covered facility.
‘‘(B) NOTICE.—The President, on a reg-
ular basis, shall inform the entities specified in
subparagraph (A) of the progress and sub-
stance of technical meetings between the lead
agency and potentially responsible parties re-
garding a covered facility and shall provide no-
tice to such entities concerning—
‘‘(i) the schedule for commencement
of construction activities at the covered fa-
cility and the location and availability of
construction plans;
‘‘(ii) the results of any review under
section 121(c) and any modifications to the
covered facility made as a result of the re-
view; and
‘‘(iii) the execution of and any revi-
sions to institutional controls being used as
part of a remedial action.’’.
SEC. 202. ADDITIONAL INFORMATION REQUIREMENTS.
Section 117 (42 U.S.C. 9617) is amended by insert-
ing after subsection (a), as amended by section 201 of this
Act, the following:
‘‘(b) ADDITIONAL INFORMATION REQUIREMENTS.—
‘‘(1) ADDITIONAL
PUBLIC
INVOLVEMENT
RE-
QUIREMENTS.—
‘‘(A) AVAILABILITY
OF
RECORDS.—The
President shall make records relating to a re-
sponse action at a covered facility available to
the public throughout all phases of the response
action. Such information shall be made avail-
able to the public for inspection and copying
without the need to file a formal request, sub-
ject to reasonable service charges as appro-
priate. This paragraph shall not apply to a
record that is exempt from disclosure under
section 552 of title 5, United States Code.
‘‘(B) REQUIREMENTS FOR PUBLIC INFOR-
MATION.—The President, in carrying out re-
sponsibilities under this Act, shall ensure that
the presentation of information on risk is unbi-
ased and informative and clearly discloses any
uncertainties and data gaps.
‘‘(2) DISCLOSURE
OF
RELEASES
OF
HAZ-
ARDOUS SUBSTANCES AT SUPERFUND SITES.—
‘‘(A) INFORMATION.—The President shall
make the following information available to the
public as provided in subparagraph (B) about
releases of hazardous substances, pollutants,
and contaminants from covered facilities at the
following stages of a response action:
‘‘(i) REMOVAL ACTIONS.—A best esti-
mate of the releases from the facility be-
fore the removal action is taken, during
the period of the removal action, and that
are expected after the removal action is
completed.
‘‘(ii) REMEDIAL INVESTIGATION.—As
part of the requirements for the remedial
investigation, a summary and best estimate
of the releases from the facility.
‘‘(iii) FEASIBILITY
STUDY.—As part
of the feasibility study, a summary and
best estimate of the releases that are ex-
pected both during and at the conclusion
of each remedial option that is considered.
‘‘(iv) RECORD OF DECISION.—As part
of the record of decision, a summary and
best estimate of the releases that are ex-
pected both during and at the conclusion
of implementation of the selected remedy.
‘‘(v) CONSTRUCTION
COMPLETION.—
After construction of the remedy is com-
plete and during operation and mainte-
nance, a periodic assessment of releases
based on any monitoring required under
section 121(g).
‘‘(B) AVAILABILITY
OF
INFORMATION.—
Information provided under this paragraph
shall be made available to the residents of the
communities surrounding the covered facility, to
police, fire, and emergency medical personnel in
the surrounding communities, and to the gen-
eral public. To improve access to such informa-
tion by Federal, State, and local governments
and researchers, such information may be pro-
vided to the general public through electronic
or other means. Such information shall be ex-
pressed in common units and a common format.
‘‘(C) SOURCE
OF
INFORMATION
AND
METHODS
OF
COLLECTION.—Nothing in this
paragraph shall require the collection of any ad-
ditional data beyond that already collected as
part of the response action. If data are not
readily available, the information provided
under this paragraph shall be based on best es-
timates.’’.
SEC. 203. TECHNICAL ASSISTANCE GRANTS.
Section 117 (42 U.S.C. 9617) is further amended—
(1) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively; and
(2) by striking subsection (d) (as so redesig-
nated) and inserting the following:
‘‘(d) TECHNICAL ASSISTANCE GRANTS.—
‘‘(1) AUTHORITY.—In accordance with rules to
be promulgated by the Administrator, the Adminis-
trator may make grants for technical assistance
available to any affected community with respect
to—
‘‘(A) a covered facility;
‘‘(B) a facility at which the Administrator
is undertaking a response action anticipated to
exceed 1 year; or
‘‘(C) a facility at which the funding limit
under section 104 is anticipated to be reached.
‘‘(2) SPECIAL RULES.—
‘‘(A) FEDERAL SHARE.—No matching con-
tribution shall be required for a grant under
this subsection.
‘‘(B) ADVANCE PAYMENTS.—The Adminis-
trator may make available to a recipient of a
grant under this subsection in advance of the
expenditures to be covered by the grant the
lesser of $5,000 or 10 percent of the total
amount of the grant.
‘‘(3) GRANT AVAILABILITY.—The Administrator
shall promptly notify residents and Indian tribes liv-
ing near a facility eligible for grants under para-
graph (1) that technical assistance grants are avail-
able under this section.
‘‘(4) NUMBER OF GRANTS PER FACILITY.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this paragraph, the Administrator
may not make more than 1 grant under this
subsection with respect to a single facility.
‘‘(B) RENEWAL
OF
GRANTS.—A grant
made under this subsection with respect to a fa-
cility may be renewed to facilitate public par-
ticipation at all stages of a response action.
‘‘(C) SPECIAL RULE.—In exceptional cir-
cumstances, the Administrator may provide
more than 1 grant under this subsection with
respect to a single facility, after considering
such factors as the area affected by the facility
and the distances between affected commu-
nities.
‘‘(5) FUNDING AMOUNT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the amount of a grant under
this subsection may not exceed $50,000 for a
single grant recipient.
‘‘(B) ADDITIONAL FUNDS.—The Adminis-
trator may increase the amount of a grant
under this subsection if—
‘‘(i) the grant recipient demonstrates
that the characteristics of a facility indi-
cate that additional funds are necessary
due to the complexity of the response ac-
tion, including the size and complexity of
the facility, or the nature or volume of
site-related information; and
‘‘(ii) the Administrator finds that the
grant recipient’s management of a previous
grant under this subsection, if any, was
satisfactory, and the costs incurred under
the grant were allowable and reasonable.
‘‘(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 grants under
this subsection and, not later than 180 days after
the date of enactment of this paragraph, revise, as
appropriate, such guidelines and procedures to sim-
plify the process of obtaining such grants.
‘‘(7) AUTHORIZED GRANT ACTIVITIES.—
‘‘(A) INFORMATION AND PARTICIPATION.—
To facilitate full participation by a grant recipi-
ent in response activities at a facility, a grant
made under this subsection may be used to ob-
tain technical assistance, including the hiring of
health and safety experts, in interpreting infor-
mation for, and disseminating information to,
members of the community, and in providing
information and recommendations to the Presi-
dent, with regard to—
‘‘(i) the nature of the hazard at a fa-
cility, including information used to rank
facilities according to the Hazard Ranking
System;
‘‘(ii) sampling and monitoring plans;
‘‘(iii) the remedial investigation and
feasibility study;
‘‘(iv) the record of decision;
‘‘(v) the selection, design, and con-
struction of the remedial action;
‘‘(vi) operation and maintenance;
‘‘(vii) institutional controls;
‘‘(viii) removal activities at the facil-
ity; and
‘‘(ix) public health assessment or
health studies.
‘‘(B) ADDITIONAL
ACTIVITIES.—In addi-
tion to the activities specified in subparagraph
(A), not more than 10 percent of the amount
of a grant under this subsection may be used
for educational training, hiring neutral profes-
sionals to facilitate deliberations and consensus
efforts, and hiring community liaisons to poten-
tially responsible parties and government agen-
cies to facilitate public participation at the facil-
ity.
‘‘(C) AVAILABILITY OF INFORMATION.—In-
formation generated by the recipients of grants
under this subsection shall be made publicly
available.
‘‘(D) LIMITATION.—Grants made under
this subsection may not be used for the pur-
poses of collecting field sampling data.
‘‘(8) NON-SITE-SPECIFIC GRANTS.—In accord-
ance with rules to be promulgated by the Adminis-
trator, the Administrator may make grants under
this subsection to Indian tribes, nonprofit organiza-
tions, and citizens groups to enhance their participa-
tion, prior to final agency action, in rulemaking
processes carried out in accordance with this Act.
Total funding for all such grants shall not exceed
$100,000.
‘‘(9) REPRESENTATIVE OF THE COMMUNITY.—
The Administrator shall publish guidance for deter-
mining whether a recipient of a grant under this
subsection is a legitimate representative of the com-
munity affected by a facility.’’.
SEC. 204. UNDERSTANDABLE PRESENTATION OF MATE-
RIALS.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(e) UNDERSTANDABLE PRESENTATION OF MATE-
RIALS.—The President shall ensure that information pre-
pared for distribution to the public under this section will
be provided or summarized in a manner that may be easily
understood by the community, after considering any
unique cultural needs of the community, including presen-
tation of information orally and distribution of informa-
tion in languages other than English, as appropriate.’’.
SEC. 205. PUBLIC PARTICIPATION IN REMOVAL ACTIONS.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(f) PUBLIC
PARTICIPATION
IN
REMOVAL
AC-
TIONS.—In the case of a removal action taken in accord-
ance with section 104, the President shall provide opportu-
nities for meaningful public participation as follows:
‘‘(1) REMOVAL ACTIONS WHERE ON-SITE AC-
TIVITIES MUST BEGIN IN LESS THAN 6 MONTHS.—
In the case of a removal action where on-site activi-
ties must begin in less than 6 months, the President
shall—
‘‘(A) publish a notice of availability of the
administrative record established under section
113(k) in a local newspaper of general circula-
tion within 60 days of any on-site removal ac-
tivity;
‘‘(B) provide a public comment period, as
appropriate, of not less than 30 days from the
date on which the administrative record is made
available for public inspection; and
‘‘(C) prepare a written response to com-
ments.
‘‘(2) REMOVAL ACTIONS WHERE ON-SITE AC-
TIVITIES WILL EXTEND BEYOND 120 DAYS.—In the
case of a removal action where on-site activities are
expected to extend beyond 120 days, the President
shall—
‘‘(A) conduct interviews with any relevant
community advisory group, affected Indian
tribes, the affected community, local govern-
ment officials, and State and local health offi-
cials, as appropriate, to solicit their concerns
and information needs and to determine the
method and timing of involvement in the re-
sponse action by the affected community;
‘‘(B) prepare a formal community relations
plan based on the community interviews and
other relevant information, specifying the com-
munity relations activities that the President
expects to undertake during the response; and
‘‘(C) establish at least 1 local information
repository at or near the location of the re-
sponse action.
The information repository shall contain items made
available for public information and the administra-
tive record. The President shall inform the affected
community of the establishment of the information
repository and provide a notice of availability of the
administrative record for public review. All items in
the repository shall be available for public inspection
and copying.
‘‘(3) REMOVAL ACTIONS WHERE PLANNING PE-
RIOD
WILL
EXTEND
BEYOND
MONTHS.—In the
case of a removal action where the planning period
is expected to extend beyond 6 months, the Presi-
dent shall—
‘‘(A) comply with the requirements of
paragraph (2);
‘‘(B) provide a notice of availability of and
a brief description of the removal engineering
evaluation and cost analysis in a local news-
paper of general circulation;
‘‘(C) provide a reasonable opportunity, not
less than 30 days, for submission of written and
oral comments after completion of the engineer-
ing evaluation and cost analysis; and
‘‘(D) prepare a written response to signifi-
cant comments.’’.
SEC. 206. COMMUNITY STUDY.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(g) COMMUNITY STUDY.—
‘‘(1) REPORT
BY
THE
ADMINISTRATOR.—Not
later than 2 years after the date of enactment of
this Act, the Administrator shall prepare and submit
to Congress a community study. The Administrator
shall periodically update the study. The Adminis-
trator shall ensure that copies of such studies are
made available to the public.
‘‘(2) CONTENTS OF THE REPORT.—The Admin-
istrator’s report shall include an analysis of—
‘‘(A) the time between the discovery and
listing of a facility;
‘‘(B) the timing and nature of response ac-
tions;
‘‘(C) the degree to which public views are
reflected in response actions;
‘‘(D) future land use determinations and
use of institutional controls;
‘‘(E) the population, race, ethnicity, and
income characteristics of each community af-
fected by a facility listed or proposed for listing
on the National Priorities List; and
‘‘(F) the risk presented by each such facil-
ity.
‘‘(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 necessary improve-
ments or modifications to address any deficiencies
identified by the study prepared under this section.’’.
SEC. 207. DEFINITIONS.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(h) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) COVERED FACILITY.—The term ‘covered
facility’ means a facility that has been listed or pro-
posed for listing on the National Priorities List.
‘‘(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 a release or threatened re-
lease of a hazardous substance, pollutant, or con-
taminant at a covered facility.’’.
Subtitle B—Human Health
SEC. 221. PUBLIC HEALTH AUTHORITIES.
(a) DISEASE REGISTRY AND MEDICAL CARE PRO-
VIDERS.—Section 104(i)(1) (42 U.S.C. 9604(i)(1)) is
amended—
(1) by striking subparagraph (A) and inserting
the following:
‘‘(A) in cooperation with the States, for sci-
entific purposes and public health purposes, estab-
lish and maintain a national registry of persons ex-
posed to toxic substances;’’; and
(2) by striking the last sentence and inserting
the following:
‘‘In cases of public health emergencies, exposed per-
sons shall be eligible for referral to licensed or ac-
credited health care providers.’’.
(b) SUBSTANCE PROFILES.—Section 104(i)(3) (42
U.S.C. 9604(i)(3)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(2) by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively;
and
(3) by striking ‘‘Any toxicological profile or re-
vision thereof’’ and all that follows through ‘‘par-
ties.’’ and inserting 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 list but which
have been found at facilities for which there has been a
response action under this Act and which have been deter-
mined by ATSDR to be of health concern. Profiles re-
quired under this paragraph shall be revised and repub-
lished, as appropriate, based on scientific development and
shall be provided to the States, including State health de-
partments, tribal health officials, and local health depart-
ments, and made available to other interested parties.’’.
(c) 
DETERMINING
HEALTH
EFFECTS.—Section
104(i)(5)(A) (42 U.S.C. 9604(i)(5)(A)) is amended—
(1) by striking ‘‘designed to determine the
health effects (and techniques for development of
methods to determine such health effects) of such
substance.’’ and inserting ‘‘conducted directly or by
means such as cooperative agreements and grants
with appropriate public and nonprofit institutions.
The research shall be designed to determine the
health effects of the substance and techniques for
development of methods to determine such health ef-
fects.’’;
(2) by redesignating clause (iv) as clause (v);
(3) by striking ‘‘and’’ at the end of clause (iii);
and
(4) by inserting after clause (iii) the following:
‘‘(iv) laboratory and other studies to develop in-
novative techniques for predicting organ-specific,
site-specific, and system-specific acute and chronic
toxicity; and’’.
(d) PUBLIC HEALTH AT NPL FACILITIES.—
(1) PRELIMINARY
PUBLIC
HEALTH
ASSESS-
MENTS.—Section 104(i)(6) (42 U.S.C. 9604(i)(6)) is
amended by striking ‘‘(6)(A)’’ and all that follows
through the period at the end of subparagraph (A)
and inserting the following:
‘‘(6)(A)(i) The Administrator of ATSDR shall per-
form a preliminary public health assessment or health con-
sultation for each facility on the National Priorities List,
including those facilities owned by any department, agen-
cy, or instrumentality of the United States, and those sites
that are the subject of a petition under subparagraph (B).
The preliminary public health assessment or health con-
sultation shall be commenced as soon as practicable after
each facility is proposed for inclusion on the National Pri-
orities List or the Administrator of ATSDR accepts a peti-
tion for a public health assessment. If the Administrator
of ATSDR, in consultation with local public health offi-
cials, determines that the results of a preliminary public
health assessment or health consultation indicate the need
for a public health assessment, the Administrator of the
ATSDR shall conduct the public health assessment of
those sites posing a health hazard. The results of the pub-
lic health assessment should be considered in selecting the
remedial action for the facility.
‘‘(ii) The Administrator of ATSDR, in cooperation
with States, shall design public health assessments that
take into account the needs and conditions of the affected
community.
‘‘(iii) The Administrator of EPA shall place highest
priority on facilities with releases of hazardous substances
which result in actual ongoing human exposures at levels
of public health concern or adverse health effects as identi-
fied in a public health assessment conducted by the Ad-
ministrator of ATSDR or are reasonably anticipated based
on currently known facts.’’.
(2) STRATEGIES FOR OBTAINING DATA; COMMU-
NITY
INVOLVEMENT.—Section 
104(i)(6)(D) 
(42
U.S.C. 9604(i)(6)(D)) is amended—
(A) by inserting ‘‘(i)’’ after ‘‘(D)’’; and
(B) by adding at the end the following:
‘‘(ii) The President and the Administrator of ATSDR
shall develop strategies to obtain relevant on-site and off-
site characterization data for use in the public health as-
sessment. The President shall, to the maximum extent
practicable, provide the Administrator of ATSDR with the
data and information necessary to make public health as-
sessments sufficiently prior to the choice of remedial ac-
tions to allow the Administrator of ATSDR to complete
these assessments.
‘‘(iii) Where appropriate, the Administrator of
ATSDR shall provide to the President as soon as prac-
ticable after site discovery, recommendations for sampling
environmental media for hazardous substances of public
health concern. To the extent feasible, the President shall
incorporate such recommendations into the President’s
site investigation activities.
‘‘(iv) In order to improve community involvement in
public health assessments, the Administrator of ATSDR
shall carry out each of the following duties:
‘‘(I) Collect from community advisory groups,
from State and local public health authorities, and
from other sources in communities affected or poten-
tially affected by releases of hazardous substances
data regarding exposure, relevant human activities,
and other factors.
‘‘(II) Design public health assessments that
take into account the needs and conditions of the af-
fected community. Community-based research mod-
els, local expertise, and local health resources should
be used in designing the public health assessment.
In developing such designs, emphasis shall be placed
on collection of actual exposure data, and sources of
multiple exposure shall be considered.’’.
(3) 
CONFORMING
AMENDMENTS.—Section
104(i) (42 U.S.C. 9604(i)) is amended by inserting
‘‘public’’ before ‘‘health assessment’’ each place it
appears and before ‘‘health assessments’’ each place
it appears.
(e) HEALTH STUDIES.—Section 104(i)(7) (42 U.S.C.
9604(i)(7)) is amended by striking ‘‘(7)(A)’’ and all that
follows through the period at the end of subparagraph (A)
and inserting the following:
‘‘(7)(A) Whenever in the judgment of the Adminis-
trator of ATSDR it is appropriate on the basis of the re-
sults of a public health assessment or on the basis of other
appropriate information, the Administrator of ATSDR
shall conduct a human health study of exposure or other
health effects for selected groups or individuals in order
to determine the desirability of conducting full scale epi-
demiologic or other health studies of the entire exposed
population.’’.
(f) DISTRIBUTION OF MATERIALS TO HEALTH PRO-
FESSIONALS
AND
MEDICAL
CENTERS.—Section
104(i)(14) (42 U.S.C. 9604(i)(14)) is amended to read as
follows:
‘‘(14) EDUCATIONAL
MATERIALS.—In imple-
menting this subsection and other health-related
provisions of this Act the Administrator of ATSDR,
in cooperation with the States, shall—
‘‘(A) assemble, develop as necessary, and
distribute to the State and local health officials,
tribes, medical colleges, physicians, nursing in-
stitutions, nurses, and other health profes-
sionals and medical centers appropriate edu-
cational materials (including short courses) on
the medical surveillance, screening, and meth-
ods of prevention, diagnosis, and treatment of
injury or disease related to exposure to haz-
ardous substances (giving priority to those list-
ed under paragraph (2)) through means the
Administrator of ATSDR considers appropriate;
and
‘‘(B) assemble, 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.’’.
(g) GRANTS, CONTRACTS, AND COMMUNITY ASSIST-
ANCE
ACTIVITIES.—Section 
104(i)(15) 
(42 
U.S.C.
9604(i)(15)) is amended—
(1) by striking ‘‘(15)’’ and inserting the fol-
lowing:
‘‘(15) GRANTS, CONTRACTS, AND COMMUNITY
ASSISTANCE.—(A)’’;
(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-
sions thereof), other appropriate public authorities,
public or private institutions, colleges, universities,
and professional associations’’;
(3) by aligning the text of subparagraph (A) (as
designated by paragraph (1) of this subsection) ac-
cordingly; and
(4) by adding at the end the following:
‘‘(B) When a public health assessment is con-
ducted at a facility on the National Priorities List,
or a facility is being evaluated for inclusion on the
National Priorities List, the Administrator of
ATSDR may provide the assistance specified in this
paragraph to public or private nonprofit entities, in-
dividuals, and community-based groups that may be
affected by the release or threatened release of haz-
ardous substances in the environment.
‘‘(C) The Administrator of ATSDR, pursuant
to the grants, cooperative agreements, and contracts
referred to in this paragraph, is authorized and di-
rected to provide, where appropriate, diagnostic serv-
ices, health data registries and preventative public
health education to communities affected by the re-
lease of hazardous substances.’’.
(h) PEER REVIEW COMMITTEE.—Section 104(i) (42
U.S.C. 9604(i)) is amended by adding at the end the fol-
lowing:
‘‘(19) PEER REVIEW COMMITTEE.—The Admin-
istrator of ATSDR shall establish an external peer
review committee of qualified health scientists who
serve for fixed periods and meet periodically to—
‘‘(A) provide guidance on initiation of
studies;
‘‘(B) assess the quality of study reports
funded by the agency; and
‘‘(C) provide guidance on effective and ob-
jective risk characterization and communica-
tion.
The peer review committee may include additional
specific experts representing a balanced group of
stakeholders on an ad hoc basis for specific issues.
Meetings of the committee should be open to the
public.’’.
(i) CONFORMING AMENDMENTS.—Section 104(i) is
further amended—
(1) in paragraph (16) by inserting ‘‘PER-
SONNEL.—’’ after ‘‘(16)’’;
(2) in paragraph (17) by inserting ‘‘AUTHORI-
TIES.—’’ after ‘‘(17)’’;
(3) in paragraph (18) by inserting ‘‘POLLUT-
ANTS AND CONTAMINANTS.—’’ after ‘‘(18)’’; and
(4) by moving paragraphs (16), (17), and (18)
2 ems to the right.
SEC. 222. INDIAN HEALTH PROVISIONS.
Section 104(i) (42 U.S.C. 9604(i)) is further
amended—
(1) in paragraph (1) by inserting ‘‘the Director
of the Indian Health Service,’’ after ‘‘the Secretary
of Transportation,’’;
(2) in paragraph (5)(A) by inserting ‘‘and the
Director of the Indian Health Service’’ after ‘‘EPA’’;
(3) in paragraph (6)(C) by inserting ‘‘where low
population density is not used as an excluding risk
factor’’ after ‘‘health appears highest’’;
(4) by adding at the end of paragraph (6)(E)
the following: ‘‘If the Administrator of ATSDR or
the Administrator of EPA does not act on the rec-
ommendations of the State, the Administrator of
ATSDR or EPA must respond in writing to the
State or tribe as to why the Administrator of
ATSDR or EPA has not acted on the recommenda-
tions.’’;
(5) in paragraph (6)(F)—
(A) by striking ‘‘and’’ after ‘‘emissions,’’;
and
(B) by inserting ‘‘, and any other pathways
resulting from subsistence activities’’ after
‘‘food chain contamination’’; and
(6) by striking the period at the end of para-
graph (6)(G) and inserting the following: ‘‘, and may
give special consideration, where appropriate, to any
practices of the affected community that may result
in increased exposure to hazardous substances, pol-
lutants, or contaminants, such as subsistence hunt-
ing, fishing, and gathering.’’.
SEC. 223. HAZARD RANKING SYSTEM.
Section 105(c) (42 U.S.C. 9605(c)) is amended by
adding at the end the following:
‘‘(5) RISK PRIORITIZATION.—In setting prior-
ities under subsection (a)(8), the President shall
place highest priority on facilities with releases of
hazardous substances which result in actual ongoing
human exposures at levels of public health concern
or demonstrated adverse health effects as identified
in a public health assessment conducted by the
Agency for Toxic Substances and Disease Registry
or are reasonably anticipated based on currently
known facts.
‘‘(6) PRIOR
RESPONSE
ACTION.—Any evalua-
tion under this section shall take into account all
prior response actions taken at a facility.’’.
SEC. 224. FACILITY SCORING.
Section 105 (42 U.S.C. 9605) is amended by adding
at the end the following:
‘‘(i) FACILITY SCORING.—The Administrator shall
evaluate areas, such as Indian reservations or poor rural
or urban communities, that warrant special attention and
identify up to 5 facilities in each region of the Environ-
mental Protection Agency that are likely to warrant inclu-
sion on the National Priorities List. These facilities shall
be accorded a priority in evaluation for National Priorities
List listing and scoring and shall be evaluated for listing
within 2 years after the date of enactment of this sub-
section.’’.
TITLE III—LIABILITY REFORM
SEC. 301. AMENDMENTS TO SECTION 106.
(a) SUFFICIENT
CAUSE.—Section 106(b)(1) (42
U.S.C. 9606(b)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’;
(2) by striking ‘‘to enforce such order’’;
(3) by inserting before the period ‘‘or be re-
quired to comply with such order, or both, even if
another person has complied, or is complying, with
the terms of the same order or another order per-
taining to the same facility and release or threatened
release’’; and
(4) by adding at the end the following:
‘‘(B) For purposes of this subsection and section
107(c)(3), a ‘sufficient cause’ includes an objectively rea-
sonable belief by the person to whom the order is issued
that—
‘‘(i) the person is not liable for any response
costs under section 107; or
‘‘(ii) that the action to be performed pursuant
to the order is inconsistent with the national contin-
gency plan.’’.
(b) LIMITATION ON LIABLE PARTIES.—Section 106
is amended by adding at the end the following:
‘‘(d) LIMITATION ON LIABLE PARTIES.—No Federal
agency or department with authority to use the imminent
hazard, enforcement, and emergency response authorities
under this section may use such authorities with respect
to a release or threatened release for which the agency
or department is a responsible party under section 107.’’
SEC. 302. INNOCENT PARTIES.
(a) LIABILITY RELIEF FOR INNOCENT PARTIES.—
Section 107(b) (42 U.S.C. 9607(b)) is amended to read
as follows:
‘‘(b) DEFENSES TO LIABILITY.—
‘‘(1) IN GENERAL.—There shall be no liability
under subsection (a) for a person otherwise liable
who can establish by a preponderance of the evi-
dence that the release or threat of release of a haz-
ardous substance and the damages resulting there-
from were caused solely by—
‘‘(A) an act of God;
‘‘(B) an act of war;
‘‘(C) an act or omission of a third party
other than an employee or agent of the defend-
ant, or other than one whose act or omission
occurs in connection with a contractual relation-
ship, existing directly or indirectly, with the de-
fendant (except where the sole contractual ar-
rangement arises exclusively from a contract for
carriage by a common carrier by rail), if the de-
fendant establishes by a preponderance of the
evidence that (i) the defendant exercised due
care with respect to the hazardous substance
concerned, taking into consideration the charac-
teristics of such hazardous substance, in light
of all relevant facts, circumstances, and gen-
erally accepted good commercial and customary
standards and practices at the time of the de-
fendant’s acts or omissions, and (ii) the defend-
ant took precautions against foreseeable acts or
omissions of any such third party and the con-
sequences that could foreseeably result from
such acts or omissions; or
‘‘(D) any combination of acts or omissions
described in subparagraphs (A), (B), and (C).
‘‘(2) LIABILITY
RELIEF
FOR
INNOCENT
PAR-
TIES.—
‘‘(A) OWNERS OR OPERATORS.—
‘‘(i) IN GENERAL.—There shall be no
liability under subsection (a) for a person
whose liability is based solely on the per-
son’s status as an owner or operator of a
facility or vessel and who can establish by
a preponderance of the evidence that—
‘‘(I) the person acquired the fa-
cility or vessel after the disposal or
placement of the hazardous sub-
stances for which liability is alleged
under subsection (a);
‘‘(II) the person did not, by any
act or omission, cause or contribute to
the release or threatened release of
such hazardous substances; and
‘‘(III) the person exercised ap-
propriate care with respect to such
hazardous substances.
‘‘(ii) SPECIAL
RULE
FOR
PROPERTY
ACQUIRED
AFTER
DATE
OF
ENACTMENT
OF CERCLA.—In addition to the require-
ments of clause (i), a person who acquired
ownership of a facility or vessel after De-
cember 11, 1980, must establish by a pre-
ponderance of the evidence that the per-
son, prior to such acquisition, made all ap-
propriate inquiry into the previous owner-
ship and uses of the facility or vessel in ac-
cordance with the generally accepted com-
mercial and customary standards and
practices of the time of acquisition.
‘‘(iii) SPECIAL RULE FOR PROPERTY
ACQUIRED
BEFORE
MARCH
25, 1999.—In
addition to the requirements of clauses (i)
and (ii), a person who acquired a facility
or vessel before March 25, 1999, must es-
tablish by a preponderance of the evidence
that, at the time the person acquired the
facility or vessel, the person did not know
and had no reason to know that any haz-
ardous substance which is the subject of a
release or threatened release was disposed
of on, in, or at the facility or vessel. This
clause shall not apply to any person who
expanded, developed, or redeveloped a com-
mercial or industrial facility, notwith-
standing the presence or potential presence
of hazardous substances, under a Federal,
State, or local program for the redevelop-
ment of property that is or may be con-
taminated by hazardous substances.
‘‘(B) RECIPIENTS
OF
PROPERTY
BY
IN-
HERITANCE OR BEQUEST.—There shall be no li-
ability under subsection (a) for a person whose
liability is based solely on the person’s status
as an owner or operator of a facility or vessel
and who can establish by a preponderance of
the evidence that the person meets the require-
ments of subparagraph (A)(i) and that the per-
son acquired the property by inheritance or be-
quest.
‘‘(C) RECIPIENTS OF PROPERTY BY CHARI-
TABLE DONATION.—Liability under subsection
(a) shall be limited to the lesser of the fair mar-
ket value of the facility or vessel and the actual
proceeds of the sale of the facility for a person
whose liability is based solely on the person’s
status as an owner or operator of the facility or
vessel and who can establish by a preponder-
ance of the evidence that the person meets the
requirements of subparagraph (A)(i) and that
the person holding title, either outright or in
trust, to the vessel or facility is an organization
described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code and holds
such title as a result of a charitable donation
that qualifies under section 170, 2055, or 2522
of such Code.
‘‘(D) GOVERNMENTAL
ENTITIES.—There
shall be no liability under subsection (a) for a
person that is a governmental entity, that meets
the requirements of subparagraph (A)(i), and
that acquired a facility or vessel by escheat or
through any other involuntary transfer or by
acquisition through the exercise of eminent do-
main authority if the person’s liability is based
solely on—
‘‘(i) the person’s status as an owner
or operator of the facility or vessel; or
‘‘(ii) the granting of a license or per-
mit to conduct business.
‘‘(E) OWNERS AND OPERATORS OF SEW-
AGE TREATMENT WORKS.—There shall be no li-
ability under subsection (a) for a person who is
an owner or operator of a treatment works (as
defined in section 212(2) of the Federal Water
Pollution Control Act) that is publicly or feder-
ally owned or that, without regard to owner-
ship, would be considered a publicly owned
treatment works and is principally treating mu-
nicipal waste water or domestic sewage and who
can establish by a preponderance of the evi-
dence that—
‘‘(i) the treatment works, at the time
of the release or threatened release, was
subject to and in compliance with sub-
stantive requirements for pretreatment
under section 307 of the Federal Water
Pollution Control Act applicable to the
hazardous substances, pollutants, and con-
taminants that are the subject of the re-
sponse action; and
‘‘(ii) the release or threatened release
was not caused by a failure to properly op-
erate and maintain the treatment works or
by conduct that constitutes gross neg-
ligence or intentional misconduct.
‘‘(F) OWNERS OR OPERATORS OF RIGHTS-
OF-WAY.—There shall be no liability under sub-
section (a) for a person whose liability is based
solely on ownership or operation of a road,
street, or other right-of-way or public transpor-
tation route (other than railroad rights-of-way
and railroad property) over which hazardous
substances are transported if such person can
establish by a preponderance of the evidence
that the person did not, by any act or omission,
cause or contribute to the release or threatened
release.
‘‘(G) RAILROAD OWNERS OR OPERATORS
OF SPUR TRACK.—There shall be no liability
under subsection (a) for a person whose liability
is based solely on the status of the person as
a railroad owner or railroad operator of a spur
track, including a spur track over land subject
to an easement, to a facility that is owned or
operated by a person that is not affiliated with
the railroad owner or operator if the railroad
owner or operator can establish by a preponder-
ance of the evidence that—
‘‘(i) the spur track provides access to
a main line or branch line track that is
owned or operated by the railroad owner or
operator;
‘‘(ii) the spur track is 10 miles long or
less; and
‘‘(iii) the railroad owner or operator
did not cause or contribute to a release or
threatened release of the hazardous sub-
stances for which liability is alleged under
subsection (a).
‘‘(H) 
CONSTRUCTION
CONTRACTORS.—
There shall be no liability under subsection (a)
for a person who is a construction contractor
(other than a response action contractor cov-
ered by section 119) if such person can estab-
lish by a preponderance of the evidence that—
‘‘(i) the person’s liability is based sole-
ly on construction activities that were spe-
cifically directed by and carried out in ac-
cordance with a contract with an owner or
operator of the facility;
‘‘(ii) the person did not know or have
reason to know of the presence of haz-
ardous substances at the facility concerned
before beginning construction activities;
and
‘‘(iii) the person exercised appropriate
care with respect to the hazardous sub-
stances discovered in the course of per-
forming the construction activity, including
precautions against foreseeable acts of
third parties, taking into consideration the
characteristics of such hazardous sub-
stances, in light of all relevant facts, cir-
cumstances, and generally accepted good
commercial and customary standards and
practices at the time of the person’s acts
or omissions.
‘‘(3) APPROPRIATE CARE.—
‘‘(A) SITE-SPECIFIC
BASIS.—The deter-
mination whether or not a person has exercised
appropriate care with respect to hazardous sub-
stances within the meaning of paragraph
(2)(A)(i)(III) shall be made on a site-specific
basis taking into consideration the characteris-
tics of the hazardous substances, in light of all
relevant facts, circumstances, and generally ac-
cepted good commercial and customary stand-
ards and practices at the time of the defend-
ant’s acts or omissions.
‘‘(B) SAFE HARBOR.—A person shall be
deemed to have exercised appropriate care with-
in the meaning of paragraph (2)(A)(i)(III) if—
‘‘(i) the person took reasonable steps
to stop any continuing release, prevent any
threatened future release, and prevent or
limit human or natural resource exposure
to any previously released hazardous sub-
stance, or
‘‘(ii) in any case in which the release
or threatened release of hazardous sub-
stances is the subject of a response action
by persons authorized to conduct the re-
sponse action at the facility or vessel, the
person provides access for and all reason-
able cooperation with the response action.
‘‘(4) ALL APPROPRIATE INQUIRY.—
‘‘(A) SITE-SPECIFIC
BASIS.—The deter-
mination whether or not a person has made all
appropriate inquiry into the previous ownership
and uses of a facility or vessel within the mean-
ing of paragraph (2)(A)(ii) shall be made on a
site-specific basis taking into account any spe-
cialized knowledge or experience on the part of
the person, the relationship of the purchase
price to the value of the property if contami-
nated, commonly known or reasonably ascer-
tainable information about the property, the ob-
viousness of the presence or likely presence of
contamination at the property, and the ability
to detect such contamination by appropriate in-
spection.
‘‘(B) ASTM SAFE
HARBOR.—A person
who has acquired real property shall be deemed
to have made all appropriate inquiry within the
meaning of paragraph (2)(A)(ii) if the person—
‘‘(i) establishes that an environmental
assessment has been conducted in accord-
ance with the standards set forth in the
American Society for Testing and Mate-
rials Standards E1527–94, entitled ‘Stand-
ard Practice for Environmental Site As-
sessments: Phase I Environmental Site As-
sessment Process’ or with alternative
standards issued by rule by the Adminis-
trator or promulgated or developed by oth-
ers and designated by rule by the Adminis-
trator; and
‘‘(ii) maintains a compilation of the
information reviewed and gathered in the
course of the environmental site assess-
ment.
‘‘(C) GOVERNMENTAL REVIEW SAFE HAR-
BOR.—A person who has acquired real property
shall be deemed to have made all appropriate
inquiry within the meaning of paragraph
(2)(A)(ii) if, prior to such acquisition, the per-
son reviewed a final determination by a State or
Federal environmental or health agency with ju-
risdiction over response actions at a facility that
no further response action was planned at the
facility based on the level of risk to human
health and the environment.
‘‘(5) LIMITATIONS.—No defense shall be avail-
able to any of the following:
‘‘(A) A person who obtained actual knowl-
edge of a release or threat of release of a haz-
ardous substance at a facility when such person
owned the real property and subsequently
transferred ownership of the property to an-
other person without disclosing such knowledge.
‘‘(B) A person who knowingly and willfully
impedes the performance of a response action
or natural resource restoration at a facility.
‘‘(C) A person who did not provide all le-
gally required notices with respect to the dis-
covery or release of any hazardous substances
at a facility.
‘‘(D) A person (other than a person de-
scribed in paragraph (2)(B)) who is affiliated
with any other person liable for response costs
at a facility through any direct or indirect fa-
milial relationship or any contractual, cor-
porate, or financial relationship other than that
created by the instruments by which title to the
facility is conveyed or financed or by a contract
for the sale of goods or services.
‘‘(6) WINDFALL LIENS.—
‘‘(A) IN GENERAL.—In any case in which
there are unrecovered response costs incurred
by the United States at a facility for which an
owner of the facility is not liable by reason of
paragraph (2), and the conditions described in
subparagraph (C) are met, the United States
shall have a lien upon such facility for such un-
recovered costs.
‘‘(B) SPECIAL RULES.—A lien under this
paragraph—
‘‘(i) shall not exceed the increase in
fair market value of the property attrib-
utable to the response action at the time of
a subsequent sale or other disposition of
the property;
‘‘(ii) shall arise at the time costs are
first incurred by the United States with re-
spect to a response action at the facility;
‘‘(iii) shall be subject to the require-
ments for notice and validity established by
subsection (l)(3);
‘‘(iv) shall continue until the earlier of
satisfaction of the lien or recovery of all re-
sponse costs incurred at the facility; and
‘‘(v) shall not arise against a recipient
of a grant under section 127(b) or 127(c)
with respect to such grant.
‘‘(C) CONDITIONS.—The conditions re-
ferred to in subparagraph (A) are the following:
‘‘(i) A response action for which there
are unrecovered costs is carried out at the
facility.
‘‘(ii) The United States has made rea-
sonable efforts to recover such unrecovered
response costs from parties liable under
this section.
‘‘(iii) Such response action increases
the fair market value of the facility above
the fair market value of the facility that
existed in the 6-month period preceding
the date that response action began.
‘‘(D) LIMITATIONS.—No lien under this
paragraph shall arise—
‘‘(i) with respect to property for which
the property owner preceding the current
owner is not a liable party or has resolved
its liability under this Act; or
‘‘(ii) in any case in which an environ-
mental assessment gave the owner or oper-
ator no reason to know of the release of
hazardous substances.’’.
(b) RENDERING CARE OR ADVICE.—
(1) STATE, 
TRIBAL, 
AND
LOCAL
GOVERN-
MENTS.—Section 107(d)(2) (42 U.S.C. 9607(d)(2))
is amended to read as follows:
‘‘(2) STATE, TRIBAL, AND
LOCAL
GOVERN-
MENTS.—
‘‘(A) IN GENERAL.—No State, tribal, or
local government, including a municipality or
other political subdivision of a State, shall be
liable under this title for costs or damages as
a result of—
‘‘(i) actions taken in response to an
emergency created by the release or threat-
ened release of a hazardous substance gen-
erated by or from a facility owned by an-
other person; or
‘‘(ii) actions to improve water quality
protection at an abandoned mine site and
adjacent lands that are owned by a person
other than the State, tribal, or local gov-
ernment if such actions are taken in ac-
cordance with a response action approved
under applicable State or Federal law.
‘‘(B) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—This paragraph shall not be con-
strued to preclude liability for costs or damages
as a result of gross negligence or intentional
misconduct by a governmental entity referred to
in subparagraph (A). For the purpose of the
preceding sentence, reckless, willful, or wanton
misconduct shall constitute gross negligence.’’.
(2) SAVINGS
PROVISION.—Section 107(d)(3)
(42 U.S.C. 9607(d)(3)) is amended by striking
‘‘This’’ and inserting ‘‘Except with respect to costs
and damages referred to in paragraphs (1) and
(2)(A), this’’.
(c) CLARIFICATION OF LIABILITY FOR CONTIGUOUS
PROPERTY
OWNERS.—Section 
101(20) 
(42 
U.S.C.
9601(20)) is amended by adding at the end the following:
‘‘(H) CONTIGUOUS
PROPERTY
OWNER.—The
term ‘owner or operator’ does not include a person
who owns or operates real property that is contig-
uous to, or onto which a release has migrated from,
a facility under separate ownership or operation
from which there is a release or threatened release
of a hazardous substance if—
‘‘(i) the person did not, by any act or omis-
sion, cause or contribute to the release or
threatened release of a hazardous substance;
and
‘‘(ii) the person is not affiliated with any
other person that is potentially liable for any
response costs at the facility at which there has
been a release or threatened release of a haz-
ardous substance.’’.
(d) CONFORMING AMENDMENTS.—Section 101 (42
U.S.C. 9601) is amended by striking paragraph (35).
SEC. 303. STATUTORY CONSTRUCTION.
Section 107(f) (42 U.S.C. 9607(f)) is amended—
(1) by inserting ‘‘SPECIAL RULES FOR NAT-
URAL RESOURCES.—’’ after ‘‘(f)’’;
(2) by indenting paragraph (1) and aligning it
with paragraph (2) of such section; and
(3) by adding at the end the following:
‘‘(3) UNITARY EXECUTIVE.—In any judicial ac-
tion brought under this Act by the United States
seeking recovery for damages to natural resources,
any brief or motion addressing the interpretation
and construction of this subsection filed by the
United States in any other judicial action seeking re-
covery from the United States for damages to nat-
ural resources under this Act shall be admissible in
the action brought by the United States.’’.
SEC. 304. LIVESTOCK TREATMENT.
Section 107(i) (42 U.S.C. 9607(i)) is amended—
(1) by inserting ‘‘LIMITATION
ON LIABILITY
FOR APPLICATION
OF PESTICIDE PRODUCTS.—’’
after ‘‘(i)’’;
(2) by striking ‘‘No person’’ and inserting ‘‘(1)
IN GENERAL.—No person’’;
(3) by adding at the end the following:
‘‘(2) 
APPLICATION
IN
COMPLIANCE
WITH
LAW.—For the purposes of paragraph (1), the term
‘application of a pesticide product registered under
the Federal Insecticide, Fungicide, and Rodenticide
Act’ includes a release of a hazardous substance re-
sulting from the application, before the date of en-
actment of this paragraph, of any pesticide, insecti-
cide, or similar product in compliance with a Federal
or State law (including a regulation) requiring the
treatment of livestock to prevent, suppress, control,
or eradicate any dangerous, contagious, or infectious
disease or any vector organism for such disease.’’;
and
(4) by indenting and aligning paragraph (1) (as
designated by paragraph (2) of this section) with
paragraph (2) (as added by paragraph (3) of this
section).
SEC. 305. LIABILITY RELIEF FOR SMALL BUSINESSES, MU-
NICIPAL SOLID WASTE, SEWAGE SLUDGE, MU-
NICIPAL OWNERS AND OPERATORS, AND DE
MICROMIS CONTRIBUTORS.
(a) LIMITATION ON LIABILITY FOR SMALL BUSI-
NESSES.—Section 107 (42 U.S.C. 9607) is amended by
adding at the end the following:
‘‘(o) LIMITATION ON LIABILITY FOR SMALL BUSI-
NESSES.—
‘‘(1) IN
GENERAL.—With respect to actions
taken before March 25, 1999, no small business con-
cern shall be liable under subsection (a)(3) or (a)(4)
for response costs or damages at a facility or vessel
on the National Priorities List.
‘‘(2) LIMITATION.—Paragraph (1) shall not
apply to an action brought by the President against
a small business concern if the hazardous substances
attributable to the small business concern have con-
tributed, or contribute, significantly to the costs of
the response action at the facility.
‘‘(3) SMALL BUSINESS CONCERN DEFINED.—In
this subsection, the term ‘small business concern’
means a business entity that on average over the
previous 3 years preceding the date of notification
by the President that the business entity is a poten-
tially responsible party—
‘‘(A) has no more than 75 full-time em-
ployees or the equivalent thereof; and
‘‘(B) has $3,000,000 or less in gross reve-
nues.’’.
(b) LIABILITY
RELIEF
FOR
MUNICIPAL
SOLID
WASTE AND SEWAGE SLUDGE.—Section 107 is further
amended by adding at the end the following:
‘‘(p) LIABILITY EXEMPTIONS AND LIMITATIONS FOR
MUNICIPAL SOLID WASTE AND SEWAGE SLUDGE.—
‘‘(1) PRE-ENACTMENT ACTIVITIES.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), no person shall be liable
under subsection (a)(3) or (a)(4) for response
costs or damages at a landfill facility on the
National Priorities List to the extent that the
person arranged or transported municipal solid
waste or municipal sewage sludge prior to the
date of enactment of this paragraph for dis-
posal at the landfill facility.
‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), if the President determines that
a person transported material containing haz-
ardous substances to a landfill facility that has
contributed, or contributes, significantly to the
costs of response at the facility and such person
is engaged in the business of transporting waste
materials, such person may be liable under sub-
section (a)(4). The liability of such person shall
be subject to the aggregate limits on liability
for municipal solid waste set forth in paragraph
(2). Any determination of such person’s equi-
table share of response costs shall be deter-
mined on the basis of such person’s equitable
share of the aggregate amount of response costs
attributable to municipal solid waste and mu-
nicipal sewage sludge under paragraph (2).
‘‘(2) POST-ENACTMENT ACTIVITIES.—
‘‘(A) IN GENERAL.—To the extent that a
person or group of persons is liable under sub-
section (a)(3) or (a)(4) for arranging or trans-
porting municipal solid waste or municipal sew-
age sludge for disposal at a landfill facility on
the National Priorities List on or after the date
of enactment of this paragraph and is not ex-
empt from liability under paragraph (3), the
total aggregate liability for all such persons or
groups of persons for response costs at such a
landfill facility shall not exceed 10 percent of
such costs. With respect to actions taken on or
after the date that is 36 months after the date
of enactment of this paragraph this limitation
on liability shall apply only at a landfill facility
within a municipality that has instituted or par-
ticipates in a qualified household hazardous
waste collection program.
‘‘(B) 
EXPEDITED
SETTLEMENTS.—The
President may offer a person subject to a limi-
tation on liability under subparagraph (A) an
expedited settlement based on the average unit
cost of remediating municipal solid waste and
municipal sewage sludge in landfills in lieu of
the aggregate 10 percent limitation on liability
provided by subparagraph (A).
‘‘(3) SPECIAL RULE.—No person shall be liable
under subsection (a)(3) or (a)(4) for response costs
or damages at a landfill facility on the National Pri-
orities List to the extent that—
‘‘(A) the materials that the person ar-
ranged or transported for disposal consist of
municipal solid waste; and
‘‘(B) the person is—
‘‘(i) an owner, operator, or lessee of
residential property from which all of the
person’s municipal solid waste was gen-
erated with respect to the facility;
‘‘(ii) a business entity that employs no
more than 100 individuals and is a small
business concern as defined under the
Small Business Act (15 U.S.C. 631 et
seq.) from which was generated all of the
entity’s municipal solid waste with respect
to the facility; or
‘‘(iii) an organization described in sec-
tion 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under
section 501(a) of such Code if such organi-
zation employs no more than 100 paid in-
dividuals at the location from which was
generated all of the municipal solid waste
attributable to the organization with re-
spect to the facility.
‘‘(4) MIXED WASTES.—Liability for wastes that
do not fall within the definition of municipal solid
waste under paragraph (5)(A) and are collected and
disposed of with municipal solid wastes and munic-
ipal sewage sludge shall be governed by section
107(a) and any applicable exemptions or limitations
on liability without regard to the wastes covered by
paragraph (5)(A).
‘‘(5) DEFINITIONS.—In this section, the fol-
lowing definitions apply:
‘‘(A) MUNICIPAL SOLID WASTE.—The term
‘municipal solid waste’ means waste materials
generated by households, including single and
multifamily residences, and hotels and motels,
and waste materials generated by commercial,
institutional, and industrial sources, to the ex-
tent that such materials (i) are essentially the
same as waste materials normally generated by
households, or (ii) are collected and disposed of
with other municipal solid waste, and contain
hazardous substances that would qualify for the
de micromis exemption under section 107(r).
The term includes food and yard waste, paper,
clothing, appliances, consumer product pack-
aging, disposable diapers, office supplies, cos-
metics, glass and metal food containers, wooden
pallets, cardboard, elementary or secondary
school science laboratory waste, and household
hazardous waste. The term does not include
combustion ash generated by resource recovery
facilities or municipal incinerators; solid waste
from the extraction, beneficiation, and proc-
essing of ores and minerals; or waste from
manufacturing or processing operations (includ-
ing pollution control) that is not essentially the
same as waste normally generated by house-
holds.
‘‘(B) MUNICIPAL SEWAGE SLUDGE.—The
term ‘municipal sewage sludge’ means solid,
semisolid, or liquid residue removed during the
treatment of municipal waste water, domestic
sewage, or other waste water at or by (i) a pub-
licly owned treatment works, (ii) a federally
owned treatment works, or (iii) a treatment
works that, without regard to ownership, would
be considered to be a publicly owned treatment
works and is principally treating municipal
waste water or domestic sewage.
‘‘(C) QUALIFIED HOUSEHOLD HAZARDOUS
WASTE
COLLECTION
PROGRAM.—The 
term
‘qualified household hazardous waste collection
program’ means a program established by an
entity of the Federal Government, a State, a
municipality, or an Indian tribe that provides,
at a minimum, for semiannual collection of
household hazardous waste at accessible, well-
publicized collection points within the relevant
jurisdiction.
‘‘(q) LIMITATION
ON LIABILITY
FOR MUNICIPAL
OWNERS AND OPERATORS.—
‘‘(1) AGGREGATE LIABILITY OF SMALL MUNICI-
PALITIES.—With respect to a facility that received
municipal solid waste, that was proposed for listing
on the National Priorities List before March 25,
1999, that is or was owned or operated by munici-
palities with a population of less than 100,000 ac-
cording to the 1990 census, and that is not subject
to the criteria for solid waste landfills published
under subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) at part 258 of title 40,
Code of Federal Regulations (or a successor regula-
tion), the aggregate liability of such municipalities
for response costs incurred on or after March 25,
1999, shall be the lesser of—
‘‘(A) 10 percent of the total amount of re-
sponse costs at the facility; or
‘‘(B) the costs of compliance with the re-
quirements of such subtitle for the facility (as
if the facility had continued to accept municipal
solid waste through January 1, 1997).
‘‘(2) AGGREGATE LIABILITY OF LARGE MUNICI-
PALITIES.—With respect to a facility that received
municipal solid waste, that was proposed for listing
on the National Priorities List before March 25,
1999, that is or was owned or operated by munici-
palities with a population of 100,000 or more ac-
cording to the 1990 census, and that is not subject
to the criteria for solid waste landfills published
under subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) at part 258 of title 40,
Code of Federal Regulations (or a successor regula-
tion), the aggregate liability of such municipalities
for response costs incurred on or after March 25,
1999, shall be the lesser of—
‘‘(A) 20 percent of the total amount of re-
sponse costs at the facility; or
‘‘(B) the costs of compliance with the re-
quirements of such subtitle for the facility (as
if the facility had continued to accept municipal
solid waste through January 1, 1997).’’.
(c) DE MICROMIS EXEMPTION.—Section 107 is fur-
ther amended by adding at the end the following:
‘‘(r) DE MICROMIS EXEMPTION.—
‘‘(1) IN GENERAL.—In the case of a facility or
vessel listed on the National Priorities List, no per-
son shall be liable under subsection (a)(3) or (a)(4)
if no more than 110 gallons or 200 pounds of mate-
rials containing hazardous substances at the facility
or vessel is attributable to such person, and the acts
on which liability is based took place before the date
of enactment of this paragraph.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply in a case in which the President determines
that the material described in paragraph (1) has
contributed, or contributes, significantly to the costs
of response at the facility.’’.
(d) INELIGIBILITY
FOR EXEMPTIONS
OR LIMITA-
TIONS.—Section 107 is further amended by adding at the
end the following:
‘‘(s) INELIGIBILITY FOR EXEMPTIONS OR LIMITA-
TIONS.—
‘‘(1) IMPEDING RESPONSE OR RESTORATION.—
The exemptions and limitations set forth in sub-
sections (o), (p), (q), and (r) and sections 114(c)
and 130 shall not apply to any person with respect
to a facility if such person impedes the performance
of a response action or natural resource restoration
at the facility.
‘‘(2) FAILURE TO RESPOND TO INFORMATION
REQUEST.—The exemptions and limitations set forth
in subsections (o), (p), (q), and (r) and sections
114(c) and 130 shall not apply to any person who—
‘‘(A) willfully fails to submit a complete
and timely response to an information request
under section 104(e); or
‘‘(B) knowingly makes any false or mis-
leading material statement or representation in
any such response.
‘‘(3) FAILURE TO PROVIDE COOPERATION AND
FACILITY ACCESS.—The limitation set forth in sub-
section (q) shall not apply to any owner or operator
of a facility who does not provide all reasonable co-
operation and facility access to persons authorized to
conduct response actions at the facility.’’.
(e) EXEMPT PARTY FUNDING; CONCLUDED AC-
TIONS; OVERSIGHT
COSTS.—Section 107 is further
amended by adding at the end the following:
‘‘(t) EXEMPT PARTY FUNDING.—
‘‘(1) EXEMPT
PARTY
FUNDING.—Except as
provided in paragraph (2), the equitable share of li-
ability under section 107(a) for any release or
threatened release of a hazardous substance from a
facility or vessel on the National Priorities List that
is extinguished through an exemption or limitation
on liability under subsection (o), (p), or (q) of this
section, section 114(c), or section 130 shall be trans-
ferred to and assumed by the Trust Fund.
‘‘(2) CERTAIN MSW GENERATORS.—Paragraph
(1) shall not apply to the equitable share of liability
of any person who would have been liable under sub-
section (a)(3) or (a)(4) but for the exemption from
liability under subsection (p)(3).
‘‘(3) SOURCE OF FUNDS.—Payments made by
the Trust Fund or work performed on behalf of the
Trust Fund to meet the obligations under paragraph
(1) shall be funded from amounts made available by
section 111(a)(1).
‘‘(u) EFFECT ON CONCLUDED ACTIONS.—The ex-
emptions from and limitations on liability provided under
subsections (o), (p), (q), and (r) and sections 114(c) and
130 shall not affect any settlement or judgment approved
by a United States District Court not later than 30 days
after the date of enactment of this subsection or any ad-
ministrative action against a person otherwise covered by
such exemption or limitation that becomes effective not
later than 30 days after such date of enactment.
‘‘(v) LIMITATION
ON RECOVERY
OF OVERSIGHT
COSTS.—
‘‘(1) IN GENERAL.—Costs of oversight of a re-
sponse action shall not be recoverable under this sec-
tion from a person referred to in paragraph (2) to
the extent that such costs exceed 10 percent of the
costs of the response action.
‘‘(2) ACCOUNTING OF RESPONSE COSTS.—Para-
graph (1) shall apply only to a person who provides
the Administrator with an accounting of the direct
and indirect costs that the person incurred in con-
ducting the response action. The Administrator may
require an independent audit of the costs from such
person.’’.
(f) SMALL BUSINESS OMBUDSMAN.—The Adminis-
trator shall establish a small business Superfund assist-
ance section within the small business ombudsman office
at the Environmental Protection Agency. Such section
shall carry out the following functions:
(1) Act as a clearinghouse of information for
small businesses regarding the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980. Such information shall be comprehen-
sible to a lay person and shall include information
regarding the exemptions to liability under section
107 of such Act, the allocation process under section
131 of such Act, requirements and procedures for
expedited settlements pursuant to section 122(g) of
such Act, and de minimis status and ability-to-pay
procedures.
(2) Provide general advice and assistance to
small businesses as to their questions and problems
concerning liability and the exemptions to liability
under such Act and the allocation and settlement
processes, except that such advice and assistance
shall not include any legal advice as to liability or
any other legal representation. The ombudsman
shall not participate in the allocation process.
SEC. 306. AMENDMENTS TO SECTION 113.
Section 113(f) (42 U.S.C. 9613(f)) is amended—
(1) by adding at the end the following:
‘‘(4) LIMITATIONS
ON
CONTRIBUTION
AC-
TIONS.—
‘‘(A) IN
GENERAL.—There shall be no
right of contribution under this subsection in
any of the following circumstances:
‘‘(i) The person asserting the right of
contribution has waived the right in a set-
tlement pursuant to this Act.
‘‘(ii) The person from whom contribu-
tion is sought is not liable under this Act.
‘‘(iii) The person from whom con-
tribution is sought has entered into a set-
tlement with the United States pursuant to
section 122(g), with respect to matters ad-
dressed in that settlement.
‘‘(B) ATTORNEYS’ FEES.—Any person who
commences an action for contribution shall be
liable to the person against whom the claim of
contribution is brought for all reasonable costs
of defending against the claim, including all
reasonable attorneys’ and expert witness fees,
if—
‘‘(i) the action is barred by subpara-
graph (A);
‘‘(ii) the action is brought against a
person who is protected from such suits
pursuant to section 113(f)(2) by reason of
a settlement with the United States; or
‘‘(5) LIABILITY.—Notwithstanding any other
provision of this Act, any liability of a response ac-
tion contractor under this Act shall be determined
solely in accordance with this section.’’.
(c) EXTENSION OF INDEMNIFICATION AUTHORITY.—
Section 119(c) is amended by adding at the end of para-
graph (1) the following: ‘‘Any such agreement may apply
to claims for negligence arising under Federal law or
under the law of any State or political subdivision of a
State.’’.
(d) INDEMNIFICATION
FOR
THREATENED
RE-
LEASES.—Section 119(c)(5) is amended in subparagraph
(A) by inserting ‘‘or threatened release’’ after ‘‘release’’
each place it appears.
(e) EXTENSION OF COVERAGE TO ALL RESPONSE
ACTIONS.—Section 119(e)(1) is amended—
(1) by striking ‘‘carrying out an agreement
under section 106 or 122’’; and
(2) by striking ‘‘any remedial action under this
Act at a facility listed on the National Priorities
List, or any removal action under this Act,’’ and in-
serting ‘‘any response as defined by section
101(25),’’.
(f) LIMITATION ON ACTIONS.—Section 119 is amend-
ed by adding at the end the following:
‘‘(h) LIMITATION ON ACTIONS AGAINST RESPONSE
ACTION CONTRACTORS.—No action to recover for any in-
jury to property, real or personal, or for bodily injury or
wrongful death, or any other expenses or costs arising out
of the performance of services under a response action
contract, nor any action for contribution or indemnity for
damages sustained as a result of such injury, shall be
brought against any response action contractor more than
6 years after the completion of work at any site under
such contract. Notwithstanding the preceding sentence,
this section shall not—
‘‘(1) bar recovery for a claim caused by the con-
duct of the response action contractor that is grossly
negligent or that constitutes intentional misconduct;
‘‘(2) affect any right of indemnification that
such response action contractor may have under this
section or may acquire by written agreement with
any party; or
‘‘(3) apply in any State or political subdivision
thereof if the State has enacted a statute of repose
determining the liability of a response action con-
tractor.’’.
SEC. 308. AMENDMENTS TO SECTION 122.
(a) ADMINISTRATIVE SETTLEMENTS.—Section 122
(42 U.S.C. 9622) is amended by adding at the end the
following:
‘‘(n) CHALLENGE TO COST RECOVERY COMPONENT
OF SETTLEMENT.—Notwithstanding the limitations on re-
view in section 113(h), and except as provided in sub-
section (g) of this section, a person whose potential claim
for response costs or contribution is limited as a result
of contribution protection afforded by an administrative
settlement under this section may challenge the cost recov-
ery component of such settlement. Such a challenge may
be made only by filing a complaint against the Adminis-
trator in the United States District Court within 60 days
after such settlement becomes final. Venue shall lie in the
district in which the principal office of the appropriate re-
gion of the Environmental Protection Agency is located.
Any review of an administrative settlement shall be limited
to the administrative record, and the settlement shall be
upheld unless the objecting party can demonstrate on that
record that the decision of the President to enter into the
administrative settlement was arbitrary, capricious, or
otherwise not in accordance with law.’’.
(b) 
FINAL
COVENANTS.—Section 
122(f) 
is
amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) FINAL COVENANTS.—The President shall
offer potentially responsible parties who enter into
settlement agreements that are in the public interest
a final covenant not to sue concerning any liability
to the United States under this Act, including a cov-
enant with respect to future liability, for response
actions or response costs addressed in the settle-
ment, if all of the following conditions are met:
‘‘(A) The settling party agrees to perform,
or there are other adequate assurances of the
performance of, a final remedial action author-
ized by the Administrator for the release or
threat of release that is the subject of the set-
tlement.
‘‘(B) The settlement agreement has been
reached prior to the commencement of litigation
against the settling party under section 106 or
107 of this Act with respect to this facility.
‘‘(C) The settling party waives all contribu-
tion rights against other potentially responsible
parties at the facility.
‘‘(D) The settling party (other than a
small business) pays a premium that com-
pensates for the risks of remedy failure; future
liability resulting from unknown conditions; and
unanticipated increases in the cost of any
uncompleted response action, unless the settling
party is performing the response action. The
President shall have sole discretion to deter-
mine the appropriate amount of any such pre-
mium, and such determinations are committed
to the President’s discretion. The President has
discretion to waive or reduce the premium pay-
ment for persons who demonstrate an inability
to pay such a premium.
‘‘(E) The remedial action does not rely on
institutional controls to ensure continued pro-
tection of human health and the environment.
‘‘(F) The settlement is otherwise accept-
able to the United States.’’;
(2) in paragraph (2) by striking ‘‘remedial’’
each place it appears and inserting ‘‘response’’;
(3) by striking paragraph (3) and inserting the
following:
‘‘(3) DISCRETIONARY COVENANTS.—For settle-
ments under this Act for which covenants under
paragraph (1) are not available, the President may
provide any person with a covenant not to sue con-
cerning any liability to the United States under this
Act, if the covenant not to sue is in the public inter-
est. Such covenants shall be subject to the require-
ments of paragraph (5). The President may include
any conditions in such covenant not to sue, including
the additional condition referred to in paragraph (5).
In determining whether such conditions or covenants
are in the public interest, the President shall con-
sider the nature and scope of the commitment by the
settling party under the settlement, the effectiveness
and reliability of the response action, the nature of
the risks remaining at the facility, the strength of
evidence, the likelihood of cost recovery, the reli-
ability of any response action or actions to restore,
replace, or acquire the equivalent of injured natural
resources, the extent to which performance stand-
ards are included in the order or decree, the extent
to which the technology used in the response action
is demonstrated to be effective, and any other fac-
tors relevant to the protection of human health and
the environment.’’;
(4) by striking paragraph (4) and redesignating
paragraphs (5) and (6) as paragraphs (4) and (5),
respectively;
(5) in subparagraph (A) of paragraph (5) (as
so redesignated)—
(A) by striking ‘‘remedial’’ and inserting
‘‘response’’;
(B) by striking ‘‘paragraph (2)’’ in the
first sentence and inserting ‘‘paragraph (1) or
(2)’’;
(C) by striking ‘‘de minimis settlements’’
and inserting ‘‘de minimis and other expedited
settlements pursuant to subsection (g) of this
section’’; and
(D) by striking ‘‘the President certifies
under paragraph (3) that remedial action has
been completed at the facility concerned’’ and
inserting ‘‘that the response action that is the
subject of the settlement agreement is se-
lected’’; and
(6) in subparagraph (B) of paragraph (5) (as
so redesignated)—
(A) by striking ‘‘In extraordinary cir-
cumstances, the’’ and inserting ‘‘The’’;
(B) by striking ‘‘those referred to in para-
graph (4) and’’;
(C) by striking ‘‘if other terms,’’ and in-
serting ‘‘, if the agreement containing the cov-
enant not to sue provides for payment of a pre-
mium to address possible remedy failure or any
releases that may result from unknown condi-
tions, and if other terms,’’; and
(D) by adding at the end the following:
‘‘The President may waive or reduce the pre-
mium payment for persons who demonstrate an
inability to pay such a premium.’’.
(c) EXPEDITED FINAL SETTLEMENTS.—Section 122
is further amended—
(1) in subsection (g) by striking ‘‘(g)’’ and all
that follows through the period at the end of para-
graph (1) and inserting the following:
‘‘(g) EXPEDITED FINAL SETTLEMENT.—
‘‘(1) PARTIES ELIGIBLE FOR EXPEDITED SET-
TLEMENT.—The President shall, as promptly as pos-
sible, offer to reach a final administrative or judicial
settlement with potentially responsible parties who,
in the judgment of the President, meet the following
conditions for eligibility for an expedited settlement
in subparagraph (A) or (B):
‘‘(A) The potentially responsible party’s in-
dividual contribution to the release of haz-
ardous substances at the facility as an owner or
operator, arranger for disposal, or transporter
for disposal is de minimis. The contribution of
hazardous substance to a facility by a poten-
tially responsible party is de minimis if both of
the following conditions are met:
‘‘(i) The contribution of materials
containing hazardous substances that the
potentially responsible party arranged or
transported for treatment or disposal, or
that were treated or disposed during the
potentially responsible party’s period of
ownership or operation of the facility, is
minimal in comparison to the total volume
of materials containing hazardous sub-
stances at the facility. Such individual con-
tribution is presumed to be minimal if it is
not more than 1 percent of the total vol-
ume of such materials, unless the Adminis-
trator identifies a different threshold based
on site-specific factors.
‘‘(ii) Such hazardous substances do
not present toxic or other hazardous ef-
fects that are significantly greater than
those of other hazardous substances at the
facility.
‘‘(B)(i) The potentially responsible party is
a natural person, a small business, or a munici-
pality and can demonstrate to the United
States an inability or limited ability to pay re-
sponse costs. A party who enters into a settle-
ment pursuant to this subparagraph shall be
deemed to have resolved its liability under this
Act to the United States for all matters ad-
dressed in the settlement.
‘‘(ii) For purposes of this subparagraph,
the following provisions apply:
‘‘(I) In the case of a small business,
the President shall take into consideration
the ability to pay of the business, if re-
quested by the business. The term ‘ability
to pay’ means the President’s reasonable
expectation of the ability of the small busi-
ness to pay its total settlement amount
and still maintain its basic business oper-
ations. Such consideration shall include the
business’s overall financial condition and
demonstrable constraints on its ability to
raise revenues.
‘‘(II) Any business requesting such
consideration shall promptly provide the
100
President with all relevant information
needed to determine the business’s ability
to pay.
‘‘(III) If the President determines
that a small business is unable to pay its
total settlement amount immediately, the
President shall consider alternative pay-
ment methods as may be necessary or ap-
propriate. The methods to be considered
may include installment payments to be
paid during a period of not to exceed 10
years and the provision of in-kind services.
‘‘(iii) Any municipality which is a poten-
tially responsible party may submit for consid-
eration by the President an evaluation of the
potential impact of the settlement on essential
services that the municipality must provide, and
the feasibility of making delayed payments or
payments over time. If a municipality asserts
that it has additional environmental obligations
besides its potential liability under this Act,
then the municipality may create a list of the
obligations, including an estimate of the costs
of complying with such obligations.
101
‘‘(iv) Any municipality which is a poten-
tially responsible party may establish an inabil-
ity to pay through an affirmative showing that
such payment of its liability under this Act
would either—
‘‘(I) create a substantial demonstrable
risk that the municipality would default on
existing debt obligations, be forced into
bankruptcy, be forced to dissolve, or be
forced to make budgetary cutbacks that
would substantially reduce current levels of
protection of public health and safety; or
‘‘(II) necessitate a violation of legal
requirements or limitations of general ap-
plicability concerning the assumption and
maintenance of fiscal municipal obliga-
tions.
‘‘(v) This subparagraph does not limit or
affect the President’s authority to evaluate any
person’s ability to pay or to enter into settle-
ments with any person based on that person’s
inability to pay.’’;
(2) by striking paragraphs (2) and (3) of sub-
section (g) and inserting the following:
102
‘‘(2) BASIS OF DETERMINATION.—Any person
who enters into a settlement pursuant to this sub-
section shall provide any information requested by
the President in accordance with section 104(e). The
determination of whether a person is eligible for an
expedited settlement shall be made on the basis of
all information available to the President at the time
the determination is made. The President’s deter-
mination as to the eligibility of a party that is not
a department, agency, or instrumentality of the
United States for settlement pursuant to this section
shall not be subject to judicial review. If the Presi-
dent determines that a party is not eligible for a set-
tlement pursuant to this section, the President shall
explain the basis for that determination in writing to
any person who requests such a settlement.
‘‘(3) ADDITIONAL FACTORS RELEVANT TO SET-
TLEMENTS
WITH
MUNICIPALITIES.—In any settle-
ment with a municipality pursuant to this Act, the
President may take additional equitable factors into
account in determining an appropriate settlement
amount, including the limited resources available to
that party, and any in-kind services that the party
may provide to support the response action at the
facility. In considering the value of in-kind services,
103
the President shall consider the fair market value
of those services.’’;
(3) in subsection (g)(4) by striking ‘‘$500,000’’
and inserting ‘‘$2,000,000’’;
(4) by striking paragraph (5) of subsection (g)
and inserting the following:
‘‘(5) SMALL BUSINESS DEFINED.—In this sec-
tion, the term ‘small business’ refers to any business
entity that employs no more than 100 individuals
and is a ‘small business concern’ as defined under
the Small Business Act (15 U.S.C. 631 et seq.).’’;
(5) by adding at the end of subsection (g) the
following:
‘‘(7) DEADLINE.—If the President does not
make a settlement offer to a small business on or
before the 180th day following the date of the Presi-
dent’s determination that such small business is eli-
gible for an expedited settlement under this sub-
section, or on or before the 180th day following the
date of the enactment of this paragraph, whichever
is later, such small business shall have no further li-
ability under this Act, unless the failure to make a
settlement offer on or before such 180th day is due
to circumstances beyond the control of the Presi-
dent.
104
‘‘(8) PREMIUMS.—In any settlement under this
Act with a small business, the President may not re-
quire the small business to pay any premium over
and above the small business’s share of liability.’’;
and
(6) in subsection (h)—
(A) by striking the subsection heading
and inserting the following: ‘‘AUTHORITY TO
SETTLE
CLAIMS
FOR
FINES, 
CIVIL
PENALTIES, PUNITIVE DAMAGES, AND COST
RECOVERY.—’’;
(B) by striking ‘‘costs incurred’’ in the
first sentence of paragraph (1) and inserting
‘‘past and future costs incurred or that may be
incurred’’;
(C) by inserting after ‘‘if the claim has not
been referred to the Department of Justice for
further action.’’ in the first sentence of para-
graph (1) the following: ‘‘The head of any de-
partment or agency with the authority to seek
fines, civil penalties, or punitive damages under
this Act may consider, compromise, and settle
claims for any such fines, civil penalties, or pu-
nitive damages which may otherwise be assessed
in civil administrative or judicial proceedings if
105
the claim has not been referred to the Depart-
ment of Justice for further action. If the total
claim for response costs, fines, civil penalties, or
punitive damages exceeds $3,000,000, such
claim may be compromised and settled only
with the prior written approval of the Attorney
General.’’;
(D) by striking ‘‘$500,000 (excluding in-
terest), any claim referred to in the preceding
sentence’’ in the second sentence of paragraph
(1) and inserting ‘‘$2,000,000 (excluding inter-
est), any claim for response costs referred to in
this subsection’’; and
(E) by striking paragraph (4).
(d) MUNICIPALITY
DEFINED.—Section 101 (42
U.S.C. 9601), as amended by section 302(d) of this Act,
is further amended by inserting after paragraph (34) the
following:
‘‘(35) The term ‘municipality’ means a political
subdivision of a State, including a city, county, vil-
lage, town, township, borough, parish, school dis-
trict, sanitation district, water district, or other pub-
lic entity performing local governmental functions.
The term also includes a natural person acting in
the capacity of an official, employee, or agent of any
106
entity referred to in the preceding sentence in the
performance of governmental functions.’’.
SEC. 309. CLARIFICATION OF LIABILITY FOR RECYCLING
TRANSACTIONS.
(a) RECYCLING TRANSACTIONS.—Title I (42 U.S.C.
9601 et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 130. RECYCLING TRANSACTIONS.
‘‘(a) LIABILITY CLARIFICATION.—As provided in
subsections (b), (c), (d), (e), and (f), a person who ar-
ranged for the recycling of recyclable material or trans-
ported such material shall not be liable under sections
107(a)(3) and 107(a)(4) with respect to such material. A
determination whether or not any person shall be liable
under section 107(a)(3) or 107(a)(4) for any transaction
not covered by subsections (b) and (c), (d), (e), or (f) of
this section shall be made, without regard to subsections
(b), (c), (d), (e), and (f) of this section, on a case-by-case
basis, based on the individual facts and circumstances of
such transaction.
‘‘(b) RECYCLABLE MATERIAL DEFINED.—For pur-
poses of this section, the term ‘recyclable material’ means
scrap paper, scrap plastic, scrap glass, scrap textiles,
scrap rubber, scrap metal, spent lead-acid, spent nickel-
cadmium, and other spent batteries, as well as minor
107
amounts of material incident to or adhering to the scrap
material as a result of its normal and customary use prior
to becoming scrap, and used oil; except that such term
shall not include—
‘‘(1) shipping containers with a capacity from
30 liters to 3,000 liters, whether intact or not, hav-
ing any hazardous substance (but not metal bits and
pieces or hazardous substance that form an integral
part of the container) contained in or adhering
thereto; or
‘‘(2) any item of material containing poly-
chlorinated biphenyls at a concentration in excess of
50 parts per million or any new standard promul-
gated pursuant to applicable Federal laws.
‘‘(c) TRANSACTIONS
INVOLVING
SCRAP
PAPER,
PLASTIC, GLASS, TEXTILES, OR RUBBER.—
‘‘(1) IN GENERAL.—Transactions involving re-
cyclable materials that consist of scrap paper, scrap
plastic, scrap glass, scrap textiles, or scrap rubber
shall be deemed to be arranging for recycling if the
person who arranged for the transaction (by selling
recyclable material or otherwise arranging for the re-
cycling of recyclable material) can demonstrate by a
preponderance of the evidence that all of the fol-
110
or other management activities associated with
the recyclable material.
‘‘(3) TREATMENT OF CERTAIN REQUIREMENTS
AS SUBSTANTIVE PROVISIONS.—For purposes of this
subsection, a requirement to obtain a permit applica-
ble to the handling, processing, reclamation, or other
management activities associated with the recyclable
materials shall be deemed to be a substantive provi-
sion.
‘‘(d) TRANSACTIONS INVOLVING SCRAP METAL.—
‘‘(1) IN GENERAL.—Transactions involving re-
cyclable materials that consist of scrap metal shall
be deemed to be arranging for recycling if the per-
son who arranged for the transaction (by selling re-
cyclable material or otherwise arranging for the re-
cycling of recyclable material) can demonstrate by a
preponderance of the evidence that at the time of
the transaction—
‘‘(A) the person met the criteria set forth
in subsection (c) with respect to the scrap
metal;
‘‘(B) the person was in compliance with
any applicable regulations or standards regard-
ing the storage, transport, management, or
other activities associated with the recycling of
111
scrap metal that the Administrator issues under
the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) after the date of the enactment of this
section and with regard to transactions occur-
ring after the effective date of such regulations
or standards; and
‘‘(C) the person did not melt the scrap
metal prior to the transaction.
‘‘(2) MELTING
OF
SCRAP
METAL.—For pur-
poses of paragraph (1)(C), melting of scrap metal
does not include the thermal separation of 2 or more
materials due to differences in their melting points
(referred to as ‘sweating’).
‘‘(3) SCRAP
METAL
DEFINED.—In this sub-
section, the term ‘scrap metal’ means—
‘‘(A) bits and pieces of metal parts (such
as bars, turnings, rods, sheets, and wire) or
metal pieces that may be combined together
with bolts or soldering (such as radiators, scrap
automobiles, and railroad box cars) which when
worn or superfluous can be recycled; and
‘‘(B) notwithstanding subsection (d)(1)(C),
metal byproducts of the production of copper
and copper based alloys that—
112
‘‘(i) are not the sole or primary prod-
ucts of a secondary production process,
‘‘(ii) are not produced separately from
the primary products of a secondary pro-
duction process,
‘‘(iii) are not and have not been
stored in a pile or surface impoundment,
and
‘‘(iv) are sold to another recycler that
is not speculatively accumulating such by-
products,
except for any scrap metal that the Administrator
excludes from this definition by regulation.
‘‘(e) TRANSACTIONS INVOLVING BATTERIES.—
‘‘(1) IN GENERAL.—Transactions involving re-
cyclable materials that consist of spent lead-acid bat-
teries, spent nickel-cadmium batteries, or other
spent batteries shall be deemed to be arranging for
recycling if the person who arranged for the trans-
action (by selling recyclable material or otherwise ar-
ranging for the recycling of recyclable material) can
demonstrate by a preponderance of the evidence that
at the time of the transaction—
‘‘(A) the person met the criteria set forth
in subsection (c) with respect to the spent lead-
113
acid batteries, spent nickel-cadmium batteries,
or other spent batteries but did not recover the
valuable components of such batteries; and
‘‘(B)(i) with respect to transactions involv-
ing lead-acid batteries, the person was in com-
pliance with applicable Federal environmental
regulations or standards, and any amendments
thereto, regarding the storage, transport, man-
agement, or other activities associated with the
recycling of spent lead-acid batteries;
‘‘(ii) with respect to transactions involving
nickel-cadmium 
batteries, 
Federal 
environ-
mental regulations or standards were in effect
regarding the storage, transport, management,
or other activities associated with the recycling
of spent nickel-cadmium batteries and the per-
son was in compliance with such regulations or
standards and any amendments thereto; or
‘‘(iii) with respect to transactions involving
other spent batteries, Federal environmental
regulations or standards were in effect regard-
ing the storage, transport, management, or
other activities associated with the recycling of
such batteries and the person was in compliance
114
with such regulations or standards and any
amendments thereto.
‘‘(2) RECOVERY OF VALUABLE BATTERY COM-
PONENTS.—For purposes of paragraph (1)(A), a
person who, by contract, arranges or pays for proc-
essing of batteries by an unrelated third person and
receives from such third person materials reclaimed
from such batteries shall not thereby be deemed to
recover the valuable components of such batteries.
‘‘(f) TRANSACTIONS INVOLVING USED OIL.—
‘‘(1) IN GENERAL.—Transactions involving re-
cyclable materials that consist of used oil shall be
deemed to be arranging for recycling if the person
who arranged for the transaction (by selling recycla-
ble material or otherwise arranging for the recycling
of recyclable material) did not mix the recyclable
material with a hazardous substance following the
removal of the used oil from service and can dem-
onstrate by a preponderance of the evidence that at
the time of the transaction—
‘‘(A) the recyclable material was sent to a
facility that recycled used oil by using it as feed
stock for the manufacture of a new saleable
product;
115
‘‘(B) the person met the criteria specified
in paragraphs (1)(D) and (1)(E) of subsection
(c), as modified by paragraphs (2) and (3) of
subsection (c), with respect to used oil; and
‘‘(C) regulations or standards for the man-
agement of used oil promulgated under the
Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) were in effect on the date of the trans-
action and the person was in compliance with
such regulations or standards and any amend-
ment thereto.
‘‘(2) USED OIL DEFINED.—In this subsection,
the term ‘used oil’ means any oil that has been re-
fined from crude oil, or any synthetic oil, that has
been used or stored. Such term does not include any
oil that is subject to regulation under section
6(e)(1)(A) of the Toxic Substances Control Act (15
U.S.C. 2605(e)(1)(A)), relating to regulations pre-
scribing methods for disposal of polychlorinated
biphenyls.
‘‘(g) EXCLUSIONS.—
‘‘(1) IN GENERAL.—The exemptions set forth in
subsections (c), (d), (e), and (f) shall not apply if—
116
‘‘(A) the person had an objectively reason-
able basis to believe at the time of the recycling
transaction that—
‘‘(i) the recyclable material would not
be recycled;
‘‘(ii) in the case of recyclable mate-
rials other than used oil meeting used oil
specifications promulgated under the Solid
Waste Disposal Act (42 U.S.C. 6901 et
seq.), the recyclable material would be
burned as fuel or for energy recovery or in-
cineration; or
‘‘(iii) for transactions occurring on or
before the 90th day following the date of
the enactment of this section, the con-
suming facility was not in compliance with
a substantive (not a procedural or adminis-
trative) provision of any Federal, State, or
local environmental law or regulation, or
compliance order or decree issued pursuant
thereto, applicable to the handling, proc-
essing, reclamation, or other management
activities associated with the recyclable
material;
117
‘‘(B) the person had reason to believe that
hazardous substances had been added to the re-
cyclable material for purposes other than proc-
essing for recycling; or
‘‘(C) the person failed to exercise reason-
able care with respect to the management and
handling of the recyclable material (including
adhering to customary industry practices cur-
rent at the time of the recycling transaction de-
signed to minimize, through source control, con-
tamination of the recyclable material by haz-
ardous substances).
‘‘(2) OBJECTIVELY
REASONABLE
BASIS.—For
purposes of paragraph (1)(A), an objectively reason-
able basis for belief shall be determined using cri-
teria that include the size of the person’s business,
customary industry practices (including customary
industry practices current at the time of the recy-
cling transaction designed to minimize, through
source control, contamination of the recyclable mate-
rial by hazardous substances), the price paid in the
recycling transaction, and the ability of the person
to detect the nature of the consuming facility’s oper-
ations concerning its handling, processing, reclama-
118
tion, or other management activities associated with
the recyclable material.
‘‘(3) TREATMENT OF CERTAIN REQUIREMENTS
AS SUBSTANTIVE PROVISIONS.—For purposes of this
subsection, a requirement to obtain a permit applica-
ble to the handling, processing, reclamation, or other
management activities associated with recyclable ma-
terial shall be deemed to be a substantive provision.
‘‘(h) EFFECT ON OWNER LIABILITY.—Nothing in
this section shall be deemed to affect the liability of a per-
son under section 107(a)(1) or 107(a)(2).
‘‘(i) RELATIONSHIP TO LIABILITY UNDER OTHER
LAWS.—Nothing in this section shall affect—
‘‘(1) liability under any other Federal, State, or
local statute or regulation promulgated pursuant to
any such statute, including any requirements pro-
mulgated by the Administrator under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.); or
‘‘(2) the ability of the Administrator to promul-
gate regulations under any other statute, including
the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
‘‘(j) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to—
119
‘‘(1) affect any rights, defenses or liabilities
under section 107 of any person with respect to any
transaction involving any material other than a recy-
clable material subject to subsection (a) of this sec-
tion; or
‘‘(2) relieve a plaintiff of the burden of proof
that the elements of liability under section 107 are
met under the particular circumstances of any trans-
action for which liability is alleged.’’.
(b) SERVICE STATION DEALERS.—Section 114(c)
(42 U.S.C. 9614(c)) is amended—
(1) in paragraph (1)(B) by striking ‘‘authori-
ties.’’ and inserting ‘‘authorities that were in effect
on the date of such activity.’’;
(2) in paragraph (2)—
(A) by striking ‘‘a service station dealer
may presume that’’;
(B) by striking ‘‘is not mixed with’’ and in-
serting ‘‘is presumed to be not mixed with’’;
and
(C) by striking subparagraphs (A) and (B)
and inserting the following:
‘‘(A) has been removed from the engine of
a light duty motor vehicle or household appli-
ance by the owner of such vehicle or appliance
120
and is presented by such owner to the dealer
for collection, accumulation, and delivery to an
oil recycling facility; or
‘‘(B) has been removed from such an en-
gine or appliance by the dealer for collection,
accumulation, and delivery to an oil recycling
facility.’’; and
(3) by striking paragraph (4).
SEC. 310. ALLOCATION.
Title I (42 U.S.C. 9601 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 131. ALLOCATION.
‘‘(a) PURPOSE OF ALLOCATION.—The purpose of an
allocation under this section is to determine an equitable
allocation of the costs of a removal or remedial action at
a facility on the National Priorities List that is eligible
for an allocation under this section, including the share
to be borne by the Trust Fund under subsection (i).
‘‘(b) ELIGIBLE RESPONSE ACTION.—
‘‘(1) IN GENERAL.—A removal or remedial ac-
tion is eligible for an allocation under this section if
the action is at a facility on the National Priorities
List and if—
‘‘(A) the performance of the removal or re-
medial action is not the subject of an adminis-
121
trative order or consent decree as of March 25,
1999;
‘‘(B) the President’s estimate of the costs
for performing such removal or remedial action
that have not been recovered by the President
as of March 25, 1999, exceeds $2,000,000; and
‘‘(C) there are response costs attributable
to the Fund share under subsection (i).
‘‘(2) EXCLUDED RESPONSE ACTIONS.—
‘‘(A) CHAIN
OF
TITLE
SITES.—Notwith-
standing paragraph (1), a removal or remedial
action is not eligible for an allocation if—
‘‘(i) the facility is located on a contig-
uous area of real property under common
ownership or control; and
‘‘(ii) all of the parties potentially lia-
ble for response costs are current or
former owners or operators of such facility,
unless the current owner of such facility is in-
solvent or defunct.
‘‘(B) CURRENT
OWNER.—If the current
owner of the property on which the facility is
located is not liable under section 107(b)(2),
the owner immediately preceding such owner
122
shall be considered to be the current owner of
the property for purposes of subparagraph (A).
‘‘(C) AFFILIATED PARTIES.—If the current
owner is affiliated with any other person
through any direct or indirect familial relation-
ship or any contractual, corporate, or financial
relationship other than that created by instru-
ments by which title to the facility is conveyed
or financed or by a contract for the sale of
goods or services, and such other person is lia-
ble for response costs at the facility, such other
person’s assets may be considered assets of the
current owner when determining under sub-
paragraph (A) whether the current owner is in-
solvent or defunct.
‘‘(c) DISCRETIONARY ALLOCATION PROCESS.—Not-
withstanding subsection (b), the President may initiate an
allocation under this section for any removal or remedial
action at a facility listed on the National Priorities List
and may provide a Fund share under subsection (i).
‘‘(d) ALLOCATION PROCESS.—For each eligible re-
moval or remedial action, the President shall ensure that
a fair and equitable allocation of liability is undertaken
at an appropriate time by a neutral allocator selected by
agreement of the parties under such process or procedures
123
as are agreed to by the parties. An allocation under this
section shall apply to subsequent removal or remedial ac-
tions for a facility unless the allocator determines that the
allocation should address only one or more of such removal
or remedial actions.
‘‘(e) EARLY OFFER OF SETTLEMENT.—As soon as
practicable and prior to the selection of an allocator, the
President shall provide an estimate of the aggregate Fund
share in accordance with subsection (i). The President
shall offer to contribute to a settlement of liability for re-
sponse costs on the basis of this estimate.
‘‘(f) REPRESENTATION OF THE UNITED STATES AND
AFFECTED STATES.—The Administrator or the Attorney
General, as a representative of the Fund, and a represent-
ative of any State that is or may be responsible pursuant
to section 104(c)(3) for any costs of a removal or remedial
action that is the subject of an allocation shall be entitled
to participate in the allocation proceeding to the same ex-
tent as any potentially responsible party.
‘‘(g) MORATORIUM ON LITIGATION.—
‘‘(1) MORATORIUM ON LITIGATION.—No person
may commence any civil action or assert any claim
under this Act seeking recovery of any response
costs, or contribution toward such costs, in connec-
tion with any response action for which the Presi-
124
dent has initiated an allocation under this section,
until 150 days after issuance of the allocator’s re-
port or of a report under this section.
‘‘(2) STAY.—If any action or claim referred to
in paragraph (1) is pending on the date of enact-
ment of this section or on the date of initiation of
an allocation, such action or claim (including any
pendant claim under State law over which a court is
exercising jurisdiction) shall be stayed until 150
days after the issuance of the allocator’s report or
of a report under this section, unless the court de-
termines that a stay will result in manifest injustice.
‘‘(3) TOLLING OF LIMITATIONS PERIOD.—Any
applicable limitations period with respect to actions
subject to paragraph (1) shall be tolled from the ear-
lier of—
‘‘(A) the date of listing of the facility on
the National Priorities List, where such listing
occurs after the date of enactment of this sec-
tion; or
‘‘(B) the commencement of the allocation
process pursuant to this section, until 180 days
after the President rejects or waives the Presi-
dent’s right to reject the allocator’s report.
125
‘‘(h) EFFECT ON PRINCIPLES OF LIABILITY.—The
allocation process under this section shall not be construed
to modify or affect in any way the principles of liability
under this title as determined by the courts of the United
States.
‘‘(i) FUND SHARE.—For each removal or remedial
action that is the subject of an allocation under this sec-
tion, the allocator shall determine the share of response
costs, if any, to be allocated to the Fund. The Fund share
shall consist of the sum of following amounts:
‘‘(1) The amount attributable to the aggregate
share of response costs that the allocator determines
to be attributable to parties who are not affiliated
with any potentially responsible party and whom the
President determines are insolvent or defunct.
‘‘(2) The amount attributable to the difference
in the aggregate share of response costs that the al-
locator determines to be attributable to parties who
have resolved their liability to the United States
under section 122(g)(1)(B) (relating to limited abil-
ity to pay settlements) for the removal or remedial
action and the amount actually assumed by those
parties in any settlement for the response action
with the United States.
126
‘‘(3) Except as provided in subsection (j), the
amount attributable to the aggregate share of re-
sponse costs that the allocator determines to be at-
tributable to persons who are entitled to an exemp-
tion from liability under subsection (o) or (p) of sec-
tion 107 or section 114(c) or 130 at a facility or
vessel on the National Priorities List.
‘‘(4) The amount attributable to the difference
in the aggregate share of response costs that an allo-
cator determines to be attributable to persons sub-
ject to a limitation on liability under section 107(p)
or 107(q) and the amount actually assumed by those
parties in accordance with such limitation.
‘‘(j) 
CERTAIN
MSW 
GENERATORS.—Notwith-
standing subsection (i)(3), the allocator shall not attribute
any response costs to any person who would have been
liable under section 107(a)(3) or 107(a)(4) but for the ex-
emption from liability under section 107(p)(3).
‘‘(k) UNATTRIBUTABLE SHARE.—The share attrib-
utable to the aggregate share of response costs incurred
to respond to materials containing hazardous substances
for which no generator, transporter, or owner or operator
at the time of disposal or placement, can be identified shall
be divided pro rata among the potentially responsible par-
ties and the Fund share determined under subsection (i).
127
‘‘(l) EXPEDITED ALLOCATION.—At the request of the
potentially responsible parties or the United States, to as-
sist in reaching settlement, the allocator may, prior to
reaching a final allocation of response costs among all par-
ties, first provide an estimate of the aggregate Fund
share, in accordance with subsection (i), and an estimate
of the aggregate share of the potentially responsible par-
ties.
‘‘(m) SETTLEMENT BEFORE ALLOCATION DETER-
MINATION.—
‘‘(1) SETTLEMENT OF ALL REMOVAL OR REME-
DIAL
COSTS.—A group of potentially responsible
parties may submit to the allocator a private alloca-
tion for any removal or remedial action that is with-
in the scope of the allocation. If such private alloca-
tion meets each of the following criteria, the allo-
cator shall promptly adopt it as the allocation re-
port:
‘‘(A) The private allocation is a binding al-
location of at least 80 percent of the past,
present, and future costs of the removal or re-
medial action.
‘‘(B) The private allocation does not allo-
cate any share to any person who is not a sig-
natory to the private allocation.
128
‘‘(C) The signatories to the private alloca-
tion waive their rights to seek recovery of re-
moval or remedial costs or contribution under
this Act with respect to the removal or remedial
action from any other party at the facility.
‘‘(2) OTHER
SETTLEMENTS.—The President
may use the authority under section 122(g) to enter
into settlement agreements with respect to any re-
sponse action that is the subject of an allocation at
any time.
‘‘(n) SETTLEMENTS BASED ON ALLOCATIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the President shall accept an offer of settlement of
liability for response costs for a removal or remedial
action that is the subject of an allocation if—
‘‘(A) the offer is made within 90 days after
issuance of the allocator’s report; and
‘‘(B) the offer is based on the share of re-
sponse costs specified by the allocator and such
other terms and conditions (other than the allo-
cated share of response costs) as are acceptable
to the President.
‘‘(2) REJECTION
OF
ALLOCATION
REPORT.—
The requirement of paragraph (1) to accept an offer
of settlement shall not apply if the Administrator
129
and the Attorney General reject the allocation re-
port.
‘‘(o) REIMBURSEMENT FOR UAO PERFORMANCE.—
‘‘(1) 
REIMBURSEMENT.—The 
Administrator
shall enter into agreements to provide mixed funding
to reimburse parties who satisfactorily perform, pur-
suant to an administrative order issued under sec-
tion 106, a removal or remedial action eligible for an
allocation under subsection (b) for the reasonable
and necessary costs of such removal or remedial ac-
tion to the extent that—
‘‘(A) the costs incurred by a performing
party exceed the share of response costs as-
signed to such party in an allocation that is
performed in accordance with the provisions of
this section;
‘‘(B) the allocation is not rejected by the
United States; and
‘‘(C) the performing party, in consideration
for such reimbursement—
‘‘(i) agrees not to contest liability for
all response costs not inconsistent with the
National Contingency Plan to the extent of
the allocated share;
130
‘‘(ii) receives no covenant not to sue;
and
‘‘(iii) 
waives 
contribution 
rights
against all parties who are potentially re-
sponsible parties for the response action,
as well as waives any rights to challenge
any settlement the President enters into
with any other potentially responsible
party.
‘‘(2) OFFSET.—Any reimbursement provided to
a performing party under this subsection shall be
subject to equitable offset or reduction by the Ad-
ministrator upon a finding of a failure to perform
any aspect of the remedy in a proper and timely
manner.
‘‘(3) TIME OF PAYMENT.—Any reimbursement
to a performing party under this subsection shall be
paid after work is completed, but no sooner than
completion of the construction of the remedial action
and, subject to paragraph (5), without any increase
for interest or inflation.
‘‘(4) LIMIT
ON
AMOUNT
OF
REIMBURSE-
MENT.—The amount of reimbursement under this
subsection shall be further limited as follows:
131
‘‘(A) Performing parties who waive their
right to challenge remedy selection at the end
of the moratorium following allocation shall be
entitled to reimbursement of actual dollars
spent by each such performing party in excess
of the party’s share and attributable by the al-
locator to the Fund share under subsection (i).
‘‘(B) Performing parties who retain their
right to challenge the remedy shall be reim-
bursed (i) for actual dollars spent by each such
performing party, but not to exceed 90 percent
of the Fund share, or (ii) an amount equal to
80 percent of the Fund share if the Fund share
is less than 20 percent of responsibility at the
site.
‘‘(5) REIMBURSEMENT
OF
SHARES
ATTRIB-
UTABLE TO OTHER PARTIES.—If reimbursement is
made under this subsection to a performing party
for work in excess of the performing party’s allo-
cated share that is not attributable to the Fund
share, the performing party shall be entitled to all
interest (prejudgment and post judgment, whether
recovered from a party or earned in a site account)
that has accrued on money recovered by the United
132
States from other parties for such work at the time
construction of the remedy is completed.
‘‘(6) REIMBURSEMENT CLAIMS.—The Adminis-
trator shall require that all claims for reimburse-
ment be supported by—
‘‘(A) documentation of actual costs in-
curred; and
‘‘(B) sufficient information to enable the
Administrator to determine whether such costs
were reasonable.
‘‘(7) INDEPENDENT AUDITING.—The Adminis-
trator may require independent auditing of any
claim for reimbursement.
‘‘(p) POST-SETTLEMENT
LITIGATION.—Following
expiration of the moratorium periods under subsection (g),
the United States may request the court to lift the stay
and proceed with an action under this Act against any
potentially responsible party that has not resolved its li-
ability to the United States following an allocation, seek-
ing to recover response costs that are not recovered
through settlements with other persons. All such actions
shall be governed by the principles of liability under this
Act as determined by the courts of the United States.
‘‘(q) RESPONSE COSTS.—
133
‘‘(1) DESCRIPTION.—The following costs shall
be considered response costs for purposes of this
Act:
‘‘(A) Costs incurred by the United States
and the court of implementing the allocation
procedure set forth in this section, including
reasonable fees and expenses of the allocator.
‘‘(B) Costs paid from amounts made avail-
able under section 111(a)(1).
‘‘(2) SETTLED PARTIES.—Any costs of alloca-
tion described in paragraph (1)(A) and incurred
after a party has settled all of its liability with re-
spect to the response action or actions that are the
subject of the allocation may not be recovered from
such party.
‘‘(r) FEDERAL, STATE, AND LOCAL AGENCIES.—All
Federal, State, and local governmental departments, agen-
cies, or instrumentalities that are identified as potentially
responsible parties shall be subject to, and be entitled to
the benefits of, the allocation process and allocation deter-
mination provided by this section to the same extent as
any other party.
‘‘(s) SOURCE OF FUNDS.—Payments made by the
Trust Fund, or work performed on behalf of the Trust
Fund, to meet obligations incurred by the President under
134
this section to pay a Fund share or to reimburse parties
for costs incurred in excess of the parties’ allocated shares
under subsections (e), (m), (n), or (o) shall be funded from
amounts made available by section 111(a)(1).
‘‘(t) SAVINGS PROVISIONS.—Except as otherwise ex-
pressly provided, nothing in this section shall limit or af-
fect the following:
‘‘(1) The President’s—
‘‘(A) authority to exercise the powers con-
ferred by sections 103, 104, 105, 106, 107, or
122;
‘‘(B) authority to commence an action
against a party where there is a contempora-
neous filing of a judicial consent decree resolv-
ing that party’s liability;
‘‘(C) authority to file a proof of claim or
take other action in a proceeding under title 11,
United States Code;
‘‘(D) authority to file a petition to preserve
testimony under Rule 27 of the Federal Rules
of Civil Procedure; or
‘‘(E) authority to take action to prevent
dissipation of assets, including actions under
chapter 176 of title 28, United States Code.
135
‘‘(2) The ability of any person to resolve its li-
ability at a facility to any other person at any time
before or during the allocation process.
‘‘(3) The validity, enforceability, finality, or
merits of any judicial or administrative order, judg-
ment, or decree issued, signed, lodged, or entered,
before the date of enactment of this paragraph with
respect to liability under this Act, or authority to
modify any such order, judgment, or decree with re-
gard to the response action addressed in the order,
judgment or decree.
‘‘(4) The validity, enforceability, finality, or
merits of any pre-existing contract or agreement re-
lating to any allocation of responsibility or any in-
demnity for, or sharing of, any response costs under
this Act.’’.
TITLE IV—REMEDY SELECTION
SEC. 401. REMEDY SELECTION.
(a) GENERAL RULES.—Section 121(b)(1) (42 U.S.C.
9621(b)(1)) is amended—
(1) by inserting after the first sentence the fol-
lowing: ‘‘The preference referred to in the preceding
sentence may be implemented in accordance with the
November 1991, Environmental Protection Agency,
Office of Solid Waste and Emergency Response Pub-
136
lication No. 9380.3–06FS, ‘A Guide to Principal
Threat and Low Level Threat Waste’.’’;
(2) by striking ‘‘and’’ at the end of subpara-
graph (F);
(3) by striking the period at the end of sub-
paragraph (G) and inserting ‘‘; and’’; and
(4) by inserting after subparagraph (G) the fol-
lowing:
‘‘(H) the effectiveness of the remedial action in
making contaminated property available for bene-
ficial use.’’.
(b) SITE REVIEW REQUIREMENT.—Section 121(c)
(42 U.S.C. 9621(c)) is amended—
(1) in the first sentence by striking ‘‘the initi-
ation of’’ and inserting ‘‘construction and installa-
tion of equipment and structures to be used for’’;
and
(2) by inserting after the first sentence the fol-
lowing: ‘‘The President shall review the effectiveness
of and compliance with any institutional controls re-
lated to the remedial action during the review.’’.
(c) DEGREE
OF CLEANUP.—Section 121(d) (42
U.S.C. 9621(d)) is amended—
(1) by redesignating paragraphs (2), (3), and
(4) as paragraphs (4), (5), and (6), respectively;
137
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) HEALTH
AND
ENVIRONMENTAL
STAND-
ARDS.—
‘‘(A) EXPOSURE
INFORMATION.—In any
case in which an exposure assessment is con-
ducted, such assessment shall be consistent
with the current and reasonably anticipated fu-
ture uses of land, water, and other resources as
identified under paragraph (3). Information
used by the President to determine potential ex-
posures shall include information made avail-
able to the President on actual exposure to haz-
ardous substances or pollutants or contami-
nants that the President determines is valid
and reliable and any other relevant information.
‘‘(B) PLANTS
AND
ANIMALS.—In deter-
mining what is protective of plants and animals
for purposes of this section, the President shall
base such determinations on the significance of
impacts from a release or releases of hazardous
substances from a facility to local populations
or communities of plants and animals or eco-
systems. If a species is listed as threatened or
endangered under the Endangered Species Act
138
of 1973 (16 U.S.C. 1531 et seq.) impacts to in-
dividual plants or animals may be considered to
be impacts to populations of plants or animals.
‘‘(3) ANTICIPATED USE OF LAND, WATER, AND
OTHER RESOURCES.—
‘‘(A) IN GENERAL.—To assist in selecting
the method or methods of remediation appro-
priate for a given facility, the President shall
identify the current and reasonably anticipated
uses of land, water, and other resources at and
around the facility and the timing of such uses.
‘‘(B) REASONABLY ANTICIPATED USES OF
LAND.—In identifying reasonably anticipated
uses of land and the timing of such uses, the
President shall consider relevant information
identified through a process that includes solici-
tation of the views of interested parties, includ-
ing the affected local government and the af-
fected local community. The President may
meet this requirement though the process out-
lined in the May 25, 1995, Environmental Pro-
tection Agency, Office of Solid Waste and
Emergency Response Directive No. 9355.7–04,
pertaining to ‘Land Use in the CERCLA Rem-
edy Selection Process’.
139
‘‘(C) REASONABLY ANTICIPATED USES OF
WATER.—In identifying reasonably anticipated
uses of water and the timing of such uses, the
President shall consider relevant information
identified through a process that includes solici-
tation of the views of interested parties, includ-
ing the affected State, the affected local govern-
ment, the affected local community, and af-
fected local water suppliers.
‘‘(D) 
SPECIAL
RULES
FOR
GROUND
WATER.—The President shall meet the require-
ments of subparagraph (C) for ground water as
follows:
‘‘(i) If a State has a comprehensive
State ground water protection program
that has provisions for making site-specific
determinations of use and timing of use
and that has received a written endorse-
ment by the President, the President shall
use the State determinations of use and
timing of use that are based on such pro-
gram.
‘‘(ii) If a State does not have a pro-
gram described in clause (i), the President
shall identify the reasonably anticipated
140
uses of ground water and the timing of
such uses as provided in subparagraph (C).
In conducting the analysis, the President
shall begin with the presumption that
ground water is drinking water, if the
ground water is within an aquifer that is
classified by a State or the Administrator
as a drinking water aquifer or if the
ground water is within an aquifer that has
not been classified. The presumption may
be rebutted through site-specific informa-
tion identified through the analysis of rel-
evant factors under subparagraph (C).
‘‘(iii) Unless the State has made a
specific determination otherwise under
clause (i), a current or reasonably antici-
pated beneficial use of ground water shall
not be identified as drinking water if—
‘‘(I) the ground water contains
more than 10,000 milligrams per liter
total dissolved solids;
‘‘(II) the ground water is so con-
taminated by naturally occurring con-
ditions or by the effects of broad-scale
human activity unrelated to a specific
141
activity that restoration to drinking
water quality is impracticable; or
‘‘(III) the potential source of
drinking water is physically incapable
of yielding a quantity of 150 gallons
per day of water to a well or spring
without adverse environmental con-
sequences, unless available informa-
tion indicates that such source is used
as a source of drinking water.
‘‘(iv) Following identification of the
reasonably anticipated uses of ground
water, the President may utilize the
phased approach to ground water remedi-
ation identified in October 1996 Environ-
mental Protection Agency, Office of Solid
Waste and Emergency Response Directive
No. 9283.1–12, pertaining to ‘Presumptive
Response Strategy and Ex-Situ Treatment
Technologies for Contaminated Ground
Water at CERCLA Sites’.
‘‘(E) 
INSTITUTIONAL
CONTROLS.—As-
sumptions restricting future uses can be used in
evaluating remedial alternatives only to the ex-
142
tent that institutional controls meeting the cri-
teria of subsection (g) are identified.
‘‘(F) 
INCLUSION
IN
ADMINISTRATIVE
RECORD.—All information considered by the
President in evaluating current and reasonably
anticipated future land or water uses under this
subsection shall be included in the administra-
tive record under section 113(k).’’;
(3) in paragraph (4) (as redesignated by para-
graph (1) of this subsection) by inserting ‘‘LEGALLY
APPLICABLE STANDARDS.—’’ before ‘‘With respect
to’’;
(4) in paragraph (4)(A) (as redesignated by
paragraph (1) of this subsection)—
(A) by inserting ‘‘that is generally applica-
ble, that is consistently applied to response ac-
tions in the State,’’ after ‘‘subparagraph (A),’’;
(B) by striking ‘‘or is relevant and appro-
priate’’;
(C) by striking ‘‘or relevant and appro-
priate’’;
(D) by striking ‘‘Level Goals’’ and insert-
ing ‘‘Levels’’;
(E) by striking ‘‘goals or’’ and inserting
‘‘levels or’’; and
143
(F) by adding at the end the following:
‘‘The President shall closely examine whether a require-
ment is of general applicability under clause (ii) if, in
practice, the requirement only applies to one facility in the
State or if the requirement only applies to facilities owned
or operated by the United States.’’;
(5) in paragraph (5) (as redesignated by para-
graph (1) of this subsection) by inserting ‘‘LIMITA-
TION ON TRANSFERS.—’’ before ‘‘In the case of’’;
(6) in paragraph (6) (as redesignated by para-
graph (1) of this subsection)—
(A) by inserting ‘‘WAIVERS.—’’ before
‘‘The President’’; and
(B) by striking ‘‘(2)’’ and inserting ‘‘(4)’’;
(7) by adding at the end the following:
‘‘(7) EXCLUSIONS.—The standards, require-
ments, criteria, and limitations referred to in para-
graph (4) shall not include any requirement for a re-
duction in concentrations of contaminants below
background levels.’’; and
(8) by aligning paragraphs (4), (5), and (6) (as
so redesignated) with paragraph (7) (as added by
paragraph (7) of this subsection) and the subpara-
graphs, clauses, and subclauses in such paragraphs
accordingly.
144
(d) STATES ADJOINING CERTAIN FACILITIES.—Sec-
tion 121(f) (42 U.S.C. 9621(f)) is amended by adding at
the end the following new paragraph:
‘‘(4) STATES
ADJOINING
CERTAIN
FACILI-
TIES.—The President shall modify regulations pro-
mulgated pursuant to paragraph (1) to provide to
any adjoining State within a 50-mile radius of a fa-
cility owned or operated by the Department of En-
ergy the same rights as are provided by this sub-
section to the State in which such facility is lo-
cated.’’.
(e) INSTITUTIONAL CONTROLS.—Section 121 (42
U.S.C. 9621) is amended by adding at the end the fol-
lowing:
‘‘(g) INSTITUTIONAL CONTROLS.—
‘‘(1) USE AND IMPLEMENTATION.—In any case
in which the President selects a remedial action that
allows hazardous substances to remain on-site at a
facility above concentration levels that would be pro-
tective for unrestricted use, the President—
‘‘(A) shall include, as a component of the
remedy, restrictions on the use of land, water,
or other resources necessary to provide long-
term protection of human health and the envi-
ronment;
145
‘‘(B) shall require, as a component of the
remedy, ongoing monitoring and operation and
maintenance of the remedy and such remedy
shall not be determined to be complete until
such monitoring and operation and mainte-
nance are established;
‘‘(C) shall require, as a component of the
remedy, that any necessary institutional con-
trols are effective, implemented, and subject to
appropriate monitoring and enforcement;
‘‘(D) shall ensure through authorities pro-
vided under this Act, including the reviews con-
ducted under subsection (c), that any necessary
institutional controls remain in effect as long as
necessary to protect human health and the envi-
ronment, including ensuring that the enforce-
ability of such institutional controls will not be
adversely affected by any transfer of the prop-
erty subject to the controls.
‘‘(2) RESTRICTIONS
ON
USE.—The President
may use institutional controls as a supplement to,
but not as a substitute for, other response measures
at a facility, except in extraordinary circumstances.
‘‘(3) NOTICE.—Whenever the President selects,
in accordance with paragraph (1), a remedy at a fa-
146
cility that relies on institutional controls as an inte-
gral component of the remedy, the President shall—
‘‘(A) clearly specify in the record of decision
the anticipated restrictions on uses of land,
water, or other resources or activities at the fa-
cility and the terms of anticipated institutional
controls to implement those restrictions;
‘‘(B) specify such restrictions and controls
in all other appropriate remedy decision docu-
ments and other public information regarding
the site, along with identification of the unit of
government primarily responsible for moni-
toring and enforcement of the institutional con-
trols;
‘‘(C) provide public notice of such controls
and, in the case of a deed restriction, easement,
or other similar measure, incorporate the meas-
ure in the public land records for the jurisdic-
tion in which the affected property is located;
‘‘(D) to the extent that institutional con-
trols will be implemented pursuant to an order
under section 106, record, in accordance with
State law, a notation on the deed to the facility
property, or on some other instrument which is
normally examined during a title search, that
147
will notify any potential purchaser that use re-
strictions are or will be placed on the facility
property pursuant to an order issued under sec-
tion 106; and
‘‘(E) undertake any change in the nature
or form of institutional controls at the facility
in a manner consistent with section 117 and
give notice pursuant to the requirements of sec-
tion 104.
‘‘(4) REGISTRY.—The President shall establish
and maintain a registry of restrictions on the use of
land, water, or other resources through institutional
controls that are included in final records of decision
as a component of the remedy at facilities that are,
or have been, on the National Priorities List. The
registry shall identify the property and the nature or
form of the institution controls, including any subse-
quent changes in the nature or form of such con-
trols.
‘‘(5) ANNUAL REPORT.—On or before March 1,
2000, and annually thereafter, the Administrator
shall transmit to the Committee on Commerce and
the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee
on Environment and Public Works of the Senate a
148
report on each record of decision signed during the
previous fiscal year, the type of institutional controls
and media affected, and the unit of government des-
ignated to monitor, enforce, and ensure compliance
with the institutional controls.’’.
(f) REMEDIAL DESIGN.—Section 121 is further
amended by adding at the end the following:
‘‘(h) REMEDIAL DESIGN.—Where appropriate and
practicable, remedial designs for remedies selected under
this section shall seek to accommodate existing beneficial
uses of the contaminated property and shall seek to expe-
dite the return of contaminated property to beneficial use,
including the return to beneficial use of separate areas
within a facility prior to completion of the remedial action
for an entire facility.’’.
SEC. 402. HAZARDOUS SUBSTANCE PROPERTY USE.
Section 104 (42 U.S.C. 9604) is amended by adding
at the end the following:
‘‘(k) HAZARDOUS SUBSTANCE PROPERTY USE.—
‘‘(1) AUTHORITY OF PRESIDENT TO ACQUIRE
EASEMENTS.—In connection with any remedial 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
149
acquire, at fair market value, or for other consider-
ation as agreed to by the parties, a hazardous sub-
stance easement which restricts, limits, or controls
the use of land or other natural resources, including
specifying permissible or impermissible uses of land,
prohibiting specified activities upon property, prohib-
iting 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 remedial action under 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
150
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
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 all 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
151
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 an of-
fice for the recording of interests in real property or
claims or rights burdening real property, the ease-
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 added to the
registry established under section 121(g)(4).
‘‘(6) METHODS OF ACQUIRING EASEMENTS.—
The President may acquire a hazardous substance
easement by purchase or other agreement, by con-
demnation, or by any other means permitted by law.
Compensation for such easement shall be at fair
market value, or for other consideration as agreed to
by the parties, for the interest acquired.
‘‘(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 or other governmental entity,
assign an easement acquired under this sub-
section to a State or other governmental entity
that has the capability of effectively enforcing
the easement over the period of time necessary
152
to achieve the purposes of the easement. In the
case of any assignment, the easement shall also
be fully enforceable by the assignee. Any assign-
ment 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 subsection (j).
‘‘(B) EASEMENTS HELD BY OTHER PER-
SONS.—
‘‘(i) DESIGNATION
AS
HAZARDOUS
SUBSTANCE
EASEMENTS.—Subject 
to
clause (ii), in a case in which an institu-
tional control is a component of a remedy
selected under section 121 at a facility list-
ed on the National Priorities List, the
owner of property and the potential holder
of a restrictive easement may expressly
designate, in writing, any interest in prop-
erty as a hazardous substance easement
for the purpose of restricting or limiting
the use of land, water, or other resources
in order to prevent exposure to, reduce the
likelihood of, or otherwise respond to a re-
lease or threatened release of a hazardous
153
substance, pollutant, or contaminant from
such a facility.
‘‘(ii) CONDITIONS.—An interest in
property may be designated as a hazardous
substance easement under clause (i) only if
such interest is granted to a State, an In-
dian Tribe, another governmental entity,
or other person that has the capability of
effectively enforcing the easement over the
period of time necessary to achieve the
purpose of the easement, and such State,
Tribe, governmental entity, or person con-
sents to the transfer.
‘‘(iii) EFFECT
OF
DESIGNATION.—
When properly recorded or filed under
paragraph (5), a hazardous substance
easement designated under clause (i) shall
create the same rights, have the same legal
effect, and be enforceable in the same
manner as a hazardous substance ease-
ment acquired by the President regardless
of whether the interest in property is oth-
erwise denominated as an easement, cov-
enant, or any other form of property right.
154
‘‘(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, before recording any notice of such ease-
ment, and before terminating or modifying a haz-
ardous substance easement, the President will give
notice and an opportunity to comment to the owner
of the affected property, all other persons with re-
corded interests in the property, any lessees or other
authorized occupants of the property known to the
President, the State and any municipalities in which
the property is located, any relevant community ad-
visory group, the affected community, and the gen-
eral public.
‘‘(9) TERMINATION OR MODIFICATION OF EASE-
MENTS.—An easement acquired under this sub-
section shall remain in force until the Administrator
approves a modification or termination and release
of the easement and, following such approval, the
holder of the easement executes and records such
modification or termination and release in accord-
ance with the terms of the easement. Such modifica-
155
tion or termination shall be recorded in the same
manner as the easement. A person may conduct ad-
ditional response actions at a facility to allow for un-
restricted use of the facility and may subsequently
request termination of the easement. Such a request
shall be granted by the holder of the easement and
approved by the President, in the discretion of the
holder and the President, if the holder and the
President determine that the easement is no longer
necessary to protect human health and the environ-
ment.
‘‘(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) or section 120(g), by
States under section 121(e)(2), or in citizens
suits under section 310. No citizens suit under
section 310 to enforce such a notice may be
commenced if the holder of the easement has
commenced and is diligently prosecuting an ac-
tion in court to enforce the easement.
156
‘‘(B) 
ENFORCEMENT
ACTIONS.—The
President may take appropriate enforcement ac-
tions to ensure compliance with the terms of
the easement whenever the President deter-
mines 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.
‘‘(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 sub-
section (j)(2) or section 120(h). Nothing in this sub-
157
section limits or modifies the authority of the Presi-
dent pursuant to subsection (j)(1).’’.
SEC. 403. RISK ASSESSMENT STANDARDS.
Title I (42 U.S.C. 9601–9626) is amended by adding
at the end the following:
‘‘SEC. 132. RISK ASSESSMENT PRINCIPLES, GUIDELINES,
AND REVIEWS.
‘‘Risk assessments and characterizations conducted
under this Act shall—
‘‘(1) provide objective assessments, estimates,
and characterizations which neither minimize nor ex-
aggerate the nature and magnitude of risks to
human health and the environment;
‘‘(2) distinguish scientific findings from other
considerations;
‘‘(3) be based on all reasonably available, rel-
evant, and reliable scientific and technical informa-
tion and shall describe the process for selecting such
information; and
‘‘(4) be based on an analysis of the weight of
scientific evidence that supports conclusions about a
problem’s potential risk to human health and the en-
vironment.’’.
158
TITLE V—GENERAL PROVISIONS
SEC. 501. TRUST FUND DEFINED.
Section 101(11) (42 U.S.C. 9601(11)) is amended to
read as follows:
‘‘(11) The term ‘Fund’ or ‘Trust Fund’ means
the Hazardous Substance Superfund established by
section 9507 of the Internal Revenue Code of
1986.’’.
SEC. 502. INDIAN TRIBES.
(a) TREATMENT GENERALLY.—Section 126(a) (42
U.S.C. 9626(a)) is amended—
(1) by striking ‘‘and section 105’’ and inserting
‘‘, section 105’’;
(2) by inserting before the period at the end the
following: ‘‘, section 117 (regarding public participa-
tion), section 121 (regarding selection of remedies),
and section 128 (regarding State voluntary cleanup
programs)’’; and
(3) by adding at the end the following: ‘‘In ap-
plying this subsection, any reference contained in a
section identified in the preceding sentence to a fa-
cility located in a State shall include a facility lo-
cated on lands within the jurisdiction of a Federal
Indian reservation under the jurisdiction of the
United States government.’’.
159
(b) STUDY.—Section 126(c) (42 U.S.C. 9626(c)) is
amended to read as follows:
‘‘(c) HEALTH IMPACTS.—
‘‘(1) STUDY.—The President shall conduct a
study of the health impacts on Indian tribes of pol-
lutants, contaminants, and hazardous substances re-
leased from facilities that have been listed or pro-
posed for listing on the National Priorities List.
‘‘(2) REPORT.—Not later than 2 years after the
date of the enactment of the Recycle America’s
Land Act of 2001, the President shall transmit to
Congress a report on the results of the study con-
ducted under this subsection.’’.
SEC. 503. GRANTS FOR TRAINING AND EDUCATION OF
WORKERS.
Section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9660a) is
amended—
(1) by inserting ‘‘from the Fund’’ after
‘‘Grants’’ in each of paragraphs (1), (2), and (3);
and
(2) by adding at the end the following:
‘‘(4) 
ALLOCATION
OF
AMOUNTS.—Of 
the
amounts made available under section 111 to carry
out this subsection in a fiscal year, at least 20 per-
160
cent shall be allocated to non-profit organizations
described in paragraph (3) for training minority and
other community-based workers who are or may be
directly engaged in hazardous waste removal or con-
tainment or emergency response actions.’’.
SEC. 504. STATE COST SHARE.
Section 104(c)(3) (42 U.S.C. 9604(c)(3)) is amended
to read as follows:
‘‘(3) STATE COST SHARE.—The President shall not
provide any remedial actions pursuant to this section un-
less the State in which the release or threatened release
occurs has entered into a contract or cooperative agree-
ment with the President that provides assurances, deemed
adequate by the President, that the State will pay or as-
sure payment, in cash or through in-kind contribution, of
10 percent of the cost of such remedial action (other than
any cost paid by the Fund under section 111(a)(1)) and
10 percent of the cost of operation and maintenance.’’.
SEC. 505. STATE AND LOCAL REIMBURSEMENT FOR RE-
SPONSE ACTIONS.
Section 123 (42 U.S.C. 9623) is amended to read as
follows:
161
‘‘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.—
‘‘(1) EMERGENCY RESPONSE.—The President is
authorized to reimburse a State or general purpose
unit of local government for expenses incurred in
carrying out emergency response actions necessary
to prevent or mitigate injury to human health or the
environment associated with the release or threat-
ened release of any hazardous substance or pollutant
or contaminant. Such actions may include, where ap-
propriate, security fencing to limit access, response
to fires and explosions, and other activities which re-
quire immediate response at the State or local level.
‘‘(2) 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) REIMBURSEMENT TO STATES AND GEN-
ERAL PURPOSE UNITS OF LOCAL GOVERNMENT.—
162
The amount of any reimbursement to a State or
general purpose unit of local government under sub-
section (b)(1) may not exceed $25,000 for a single
response. The reimbursement under this section with
respect to a single facility shall be limited to the
State or general purpose unit of local government
having jurisdiction over the political subdivision in
which the facility is located.
‘‘(2) LIMITATION.—The amounts allowed for
the State and general purpose units of local govern-
ment may not be combined for any single response
action.
‘‘(d) PROCEDURE.—Reimbursements authorized pur-
suant to this section shall be in accordance with rules pro-
mulgated by the Administrator within 1 year after the
date of the enactment of the Recycle America’s Land Act
of 2001.’’.
SEC. 506. STATE ROLE AT FEDERAL FACILITIES.
Section 120(g) (42 U.S.C. 9620(g)) is amended to
read as follows:
‘‘(g) STATE ROLE AT FEDERAL FACILITIES.—
‘‘(1) ENFORCEMENT
AND
DISPUTE
RESOLU-
TION.—
‘‘(A) IN GENERAL.—An interagency agree-
ment under this section between a State and
163
any department, agency, or instrumentality of
the United States shall be enforceable by the
State or the Federal department, agency, or in-
strumentality in the United States district court
for the district in which the facility is located.
The district court shall have the jurisdiction to
enforce compliance with any provision, stand-
ard, regulation, condition, requirement, order,
or final determination which has become effec-
tive under such agreement, and to impose any
appropriate civil penalty provided for any viola-
tion of the agreement, not to exceed $25,000
per day.
‘‘(B) NONCONCURRENCE BY STATE.—At a
Federal facility in a State to which the Presi-
dent’s authorities under subsection (e)(4) have
been transferred pursuant to a cooperative
agreement, if the State does not concur in the
remedy selection proposed by the Federal de-
partment, agency, or instrumentality that owns
or operates the facility, the parties shall enter
into dispute resolution as provided in the inter-
agency agreement. If there is no interagency
agreement, the State shall, not later than 120
days after the transfer of authorities under a
164
cooperative agreement, enter into an agreement
with the head of the department, agency, or in-
strumentality on a process for resolving dis-
putes regarding remedy selection for the facil-
ity. If a dispute is unresolved after using the
process under the interagency agreement or dis-
pute resolution agreement, the head of the Fed-
eral department, agency, or instrumentality
that owns the Federal facility and the Governor
of the State shall attempt to resolve such dis-
pute by consensus. If no agreement is reached
between the head of the Federal department,
agency, or instrumentality and the Governor,
the State may issue the final determination. In
order to compel implementation of the State’s
selected remedy, the State must bring a civil ac-
tion in the appropriate United States district
court. The district court shall have jurisdiction
as provided in subparagraph (A) to issue any
relief that may be necessary to implement the
remedial action, to impose appropriate civil pen-
alties not to exceed $25,000 per day from the
date the selected remedy becomes final, and to
review any challenges to the State’s final deter-
165
mination consistent with the standards set forth
in section 113(j) of this Act.
‘‘(2) LIMITATION.—Except as necessary to im-
plement the transfer of the Administrator’s authori-
ties to a State under a cooperative agreement, noth-
ing in this subsection shall be construed as altering,
modifying, or impairing in any manner, or author-
izing the unilateral modification of, any terms of any
agreement, permit, administrative or judicial order,
decree, or interagency agreement existing on the ef-
fective date of the Recycle America’s Land Act of
2001. Any other modifications or revisions of an
interagency agreement entered into under this sec-
tion shall require the consent of all parties to such
agreement, and absent such consent the agreement
shall remain unchanged.
‘‘(3) EFFECT ON OTHER AUTHORITIES.—Noth-
ing in this subsection shall affect the exercise by a
State of any other authorities that may be applicable
to Federal facilities in the State.’’.
SEC. 507. FEDERAL COST STUDY.
(a) IN GENERAL.—Within 18 months after the date
of enactment of this Act, the Congressional Budget Office
shall conduct, and submit to Congress the results of, a
study of the potential costs to the Federal Government
166
over the next 20 years from Federal liability for natural
resource damages under section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980.
(b) METHODOLOGY.—In conducting the study, the
Congressional Budget Office shall review pleadings filed
by the Department of Justice on behalf of Federal natural
resource trustees seeking damages for restoration of nat-
ural resources and shall apply the same statutory interpre-
tations and methods of calculating damages employed by
the United States, as plaintiff, in determining the poten-
tial liability of the United States, as defendant, in actions
seeking recovery for natural resource damages.
SEC. 508. NO PREEMPTION OF STATE LAW CLAIMS.
Section 302 (42 U.S.C. 9652) is amended by adding
at the end the following:
‘‘(e) NO PREEMPTION OF STATE LAW CLAIMS.—Sec-
tion 107 shall not be construed to preempt any claims
under State law for contribution to or recovery of costs
of responding to releases or threatened releases of haz-
ardous substances.’’.
SEC. 509. PURCHASE OF AMERICAN-MADE EQUIPMENT,
PRODUCTS, AND TECHNOLOGIES.
(a) IN GENERAL.—If an entity that receives financial
assistance under this Act or any law amended by this Act
167
is using all or any part of such assistance to purchase 1
or more pieces of equipment, products, or technologies, the
entity may only purchase, to the greatest extent prac-
ticable, American-made equipment, products, and tech-
nologies with such assistance.
(b) AMERICAN-MADE DEFINED.—In this section, the
term ‘‘American-made’’ as used with respect to a piece of
equipment, a product, or a technology means that the Fed-
eral Trade Commission has determined that the piece of
equipment, product, or technology can display a ‘‘Made
in the USA’’ or ‘‘Made in America’’ inscription or label
or any inscription or label with the same meaning.
SEC. 510. DEVELOPMENT OF NEW TECHNOLOGIES AND
METHODS.
Not later than 1 year after the date of enactment
of this Act, the Administrator of the Environmental Pro-
tection Agency shall develop and submit to Congress a
plan to encourage United States companies to develop new
technologies and methods to clean-up sites on the National
Priorities List and other hazardous waste sites. The plan
shall be designed to ensure that the United States is the
world leader in the development of such technologies and
methods.
168
TITLE VI—EXPENDITURES FROM
THE HAZARDOUS SUBSTANCE
SUPERFUND
SEC. 601. EXPENDITURES FROM THE HAZARDOUS SUB-
STANCE SUPERFUND.
(a) EXPENDITURES.—Section 111 (42 U.S.C. 9611)
is amended—
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by striking subsections (a), (b), (c), (d), and
(e) and inserting the following:
‘‘(a) EXPENDITURES FROM HAZARDOUS SUBSTANCE
SUPERFUND.—
‘‘(1) SUBSECTION
(b) EXPENDITURES.—The
following amounts of amounts appropriated to the
Hazardous Substance Superfund after January 1,
2000, pursuant to section 9507(b) of the Internal
Revenue Code of 1986, and of amounts credited
under section 9602(b) of such Code with respect to
those appropriated amounts, shall be available for
the purposes specified in subsection (b):
‘‘(A) $300,000,000 for each of fiscal years
2000 through 2004.
‘‘(B) $200,000,000 for each of fiscal years
2005 through 2007.
169
Such funds shall remain available until expended.
‘‘(2) SUBSECTIONS
(c) 
AND
(d) 
EXPENDI-
TURES.—There is authorized to be appropriated
from the Hazardous Substance Superfund estab-
lished pursuant to section 9507(b) of the Internal
Revenue Code of 1986 for the purposes specified in
subsections (c) and (d) of this section not more
than—
‘‘(A) $1,500,000,000 for each of fiscal
years 2000 through 2003;
‘‘(B) $1,400,000,000 for fiscal year 2004;
‘‘(C) $1,300,000,000 for fiscal year 2005;
‘‘(D) $1,200,000,000 for fiscal year 2006;
and
‘‘(E) $975,000,000 for fiscal year 2007.
‘‘(b) PAYMENTS RELATED
TO CERTAIN REDUC-
TIONS, LIMITATIONS, AND EXEMPTIONS.—
‘‘(1) FUNDING OF EXEMPT PARTY AND FUND
SHARE.—The President may use amounts in the
Fund made available by subsection (a)(1) for fund-
ing the equitable share of liability attributable to ex-
empt parties under section 107(t) and obligations in-
curred by the President to pay a Fund share or to
reimburse parties for costs incurred in excess of the
parties’ allocated shares under section 131.
170
‘‘(2) LIMITATIONS.—
‘‘(A) FUNDING.—Amounts made available
by subsection (a)(1) for the purposes of this
subsection shall not exceed the following:
‘‘(i) $300,000,000 for each of fiscal
years 2000 through 2004.
‘‘(ii) $200,000,000 for each of fiscal
years 2005 through 2007.
‘‘(B) ELIGIBLE
COSTS.—No funds made
available under paragraph (1) may be used for
payment of, or reimbursement for, any portion
of attorneys’ fees that do not constitute nec-
essary costs of response consistent with the na-
tional contingency plan.
‘‘(C) ADDITIONAL PURPOSES.—
‘‘(i) IN GENERAL.—If, in any of fiscal
years 2000 through 2004, the Adminis-
trator does not have available for obliga-
tion for the purposes of subsections (c) and
(d) the amount specified for the fiscal year
in clause (iii), the Administrator, subject
to clause (ii), may use funds provided
under subsection (a)(1) for such purposes.
‘‘(ii) LIMITATION.—The total amount
of funds provided under subsection (a)(1)
171
that the Administrator may use for the
purposes of subsections (c) and (d) may
not exceed the amount specified for the fis-
cal year in clause (iii) less the amount
which (but for this subparagraph) would
be available to the Administrator in such
fiscal year for such purposes.
‘‘(iii) AMOUNTS.—The amounts speci-
fied in this clause are $1,500,000,000 for
each of fiscal years 2000 through 2003
and $1,400,000,000 for fiscal year 2004.
‘‘(c) RESPONSE, REMOVAL, AND REMEDIATION.—
The President may use amounts in the Fund appropriated
under subsection (a)(2) for costs of response, removal, and
remediation (and administrative costs directly related to
such costs), including the following:
‘‘(1) GOVERNMENT
RESPONSE
COSTS.—Pay-
ment of governmental response costs incurred pursu-
ant to section 104, including costs incurred pursuant
to the Intervention on the High Seas Act (33 U.S.C.
1471 et seq.).
‘‘(2) PRIVATE RESPONSE COST CLAIMS.—Pay-
ment of any claim for necessary response costs in-
curred by any other person as a result of carrying
out the national contingency plan established under
172
section 105, if such costs are approved under such
plan, are reasonable in amount based on open and
free competition or fair market value for similar
available goods and services, and are certified by the
responsible Federal official.
‘‘(3) ACQUISITION
COSTS
UNDER
SECTION
104(j).—The costs incurred by the President in ac-
quiring real estate or interests in real estate under
section 104(j) (relating to acquisition of property).
‘‘(4) STATE AND LOCAL GOVERNMENT REIM-
BURSEMENT.—Reimbursement to States and local
governments under section 123; except that during
any fiscal year not more than 0.1 percent of the
total amount appropriated under subsection (a)(2)
may be used for such reimbursements.
‘‘(5) CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—Payment for the implementation of any
contract or cooperative agreement under section
104(d).
‘‘(6) NATURAL
RESOURCE
DAMAGE
ASSESS-
MENTS.—The costs of assessing both short-term and
long-term injury to, destruction of, or loss of any
natural resources resulting from a release of a haz-
ardous substance.
173
‘‘(d) ADMINISTRATION, OVERSIGHT, RESEARCH, AND
OTHER COSTS.—The President may use amounts in the
Fund appropriated under subsection (a)(2) for the fol-
lowing costs (and administrative costs directly related to
such costs):
‘‘(1) INVESTIGATION AND ENFORCEMENT.—The
costs of identifying, investigating, and taking en-
forcement action against releases of hazardous sub-
stances.
‘‘(2) OVERHEAD.—
‘‘(A) IN GENERAL.—The costs of providing
services, equipment, and other overhead related
to the purposes of this Act and section 311 of
the Federal Water Pollution Control Act and
needed to supplement equipment and services
available through contractors and other non-
Federal entities.
‘‘(B) DAMAGE ASSESSMENT CAPABILITY.—
The costs of establishing and maintaining dam-
age assessment capability for any Federal agen-
cy involved in strike forces, emergency task
forces, or other response teams under the Na-
tional Contingency Plan.
‘‘(3) EMPLOYEE SAFETY PROGRAMS.—The cost
of maintaining programs otherwise authorized by
174
this Act to protect the health and safety of employ-
ees involved in response to hazardous substance re-
leases.
‘‘(4) GRANTS FOR TECHNICAL ASSISTANCE.—
The cost of grants under section 117(e) (relating to
public participation grants for technical assistance).
‘‘(5) WORKER
TRAINING
AND
EDUCATION
GRANTS.—The cost of grants under section 126(g)
of the Superfund Amendments and Reauthorization
Act of 1986 for training and education of workers
to the extent that such costs do not exceed
$40,000,000 for each of fiscal years 2000 through
2007.
‘‘(6) ATSDR ACTIVITIES.—Any costs incurred
in accordance with subsection (m) of this section (re-
lating to ATSDR) and section 104(i), including the
costs of epidemiologic and laboratory studies, public
health assessments, and other activities authorized
by section 104(i).
‘‘(7) EVALUATION
COSTS
UNDER
PETITION
PROVISIONS OF SECTION 105(d).—Costs incurred by
the President in evaluation facilities pursuant to pe-
titions under section 105(d) (relating to petitions for
assessment of release).