Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal and State Part-
nership for Environmental Protection Act of 2013’’. 
SEC. 2. CONSULTATION WITH STATES. 
(a) REMOVAL.—Section 104(a)(2) of the Comprehen-
sive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9604(a)(2)) is amended by striking 
‘‘Any removal action undertaken by the President under 
this subsection (or by any other person referred to in section 
122) should’’ and inserting ‘‘In undertaking a removal ac-
tion under this subsection, the President (or any other per-
son undertaking a removal action pursuant to section 122) 
shall consult with the affected State or States. Such removal 
action should’’. 
(b) REMEDIAL ACTION.—Section 104(c)(2) of the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604(c)(2)) is amended 
by striking ‘‘before determining any appropriate remedial 
action’’ and inserting ‘‘during the process of selecting, and 
in selecting, any appropriate remedial action’’. 
(c) SELECTION
OF
REMEDIAL
ACTION.—Section 
104(c)(4) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
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9604(c)(4)) is amended by striking ‘‘shall select remedial 
actions’’ and inserting ‘‘shall, in consultation with the af-
fected State or States, select remedial actions’’. 
(d) CONSULTATION WITH STATE AND LOCAL OFFI-
CIALS.—Section 120(f) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9620(f)) is amended— 
(1) by striking ‘‘shall afford to’’ and inserting 
‘‘shall consult with’’; 
(2) by inserting ‘‘and shall provide such State 
and local officials’’ before ‘‘the opportunity to partici-
pate in’’; and 
(3) by adding at the end the following: ‘‘If State 
or local officials make a determination not to partici-
pate in the planning and selection of the remedial ac-
tion, such determination shall be documented in the 
administrative record regarding the selection of the 
response action.’’. 
SEC. 3. STATE CREDIT FOR OTHER CONTRIBUTIONS. 
Section 104(c)(5) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(c)(5)) is amended— 
(1) in subparagraph (A)— 
(A) by inserting ‘‘removal at such facility, 
or for’’ before ‘‘remedial action’’; and 
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(B) by striking ‘‘non-Federal funds.’’ and 
inserting ‘‘non-Federal funds, including over-
sight costs and in-kind expenditures. For pur-
poses of this paragraph, in-kind expenditures 
shall include expenditures for, or contributions 
of, real property, equipment, goods, and services, 
valued at a fair market value, that are provided 
for the removal or remedial action at the facility, 
and amounts derived from materials recycled, re-
covered, or reclaimed from the facility, valued at 
a fair market value, that are used to fund or off-
set all or a portion of the cost of the removal or 
remedial action.’’; and 
(2) in subparagraph (B), by inserting ‘‘removal 
or’’ after ‘‘under this paragraph shall include ex-
penses for’’. 
SEC. 4. STATE CONCURRENCE WITH LISTING ON THE NA-
TIONAL PRIORITIES LIST. 
(a) 
BASIS
FOR
RECOMMENDATION.—Section 
105(a)(8)(B) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 
9605(a)(8)(B)) is amended— 
(1) by inserting ‘‘Not later than 90 days after 
any revision of the national list, with respect to a 
priority not included on the revised national list, 
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upon request of the State that submitted the priority 
for consideration under this subparagraph, the Presi-
dent shall provide to such State, in writing, the basis 
for not including such priority on such revised na-
tional list. The President may not add a facility to 
the national list over the written objection of the 
State, unless (i) the State, as an owner or operator 
or a significant contributor of hazardous substances 
to the facility, is a potentially responsible party, (ii) 
the President determines that the contamination has 
migrated across a State boundary, resulting in the 
need for response actions in multiple States, or (iii) 
the criteria under the national contingency plan for 
issuance of a health advisory have been met.’’ after 
‘‘the President shall consider any priorities estab-
lished by the States.’’; and 
(2) by striking ‘‘To the extent practicable, the 
highest priority facilities shall be designated individ-
ually and shall be referred to as’’ and all that follows 
through the semicolon at the end, and inserting ‘‘Not 
more frequently than once every 5 years, a State may 
designate a facility that meets the criteria set forth in 
subparagraph (A) of this paragraph, which shall be 
included on the national list;’’. 
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(b) STATE INVOLVEMENT.—Section 121(f)(1)(C) of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9621(f)(1)(C)) is 
amended by striking ‘‘deleting sites from’’ and inserting 
‘‘adding sites to, and deleting sites from,’’. 
SEC. 5. STATE ENVIRONMENTAL COVENANT LAW. 
Section 121(d)(2)(A)(ii) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9621(d)(2)(A)(ii)) is amended by striking 
‘‘State environmental or facility siting law’’ and inserting 
‘‘State environmental, facility siting, or environmental cov-
enant law, or under a State law or regulation requiring 
the use of engineering controls or land use controls,’’. 
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