275
‘‘(1) MIXED FUNDING.—The President may use
amounts in the Fund made available by subsection
(a)(1), and appropriated under subsection (a)(2), for
mixed funding under section 122(b)(1) (including
mixed 
funding 
under 
section 
311(c) 
of 
the
Superfund Acceleration, Fairness, and Efficiency
Act).
‘‘(2) LIMITATIONS.—Amounts made available
by subsection (a)(1), and appropriated under sub-
section (a)(2), for the purposes of this subsection
shall not exceed the following:
‘‘(A) For fiscal year 1998, $550,000,000.
‘‘(B) For fiscal year 1999, $550,000,000.
‘‘(C) For fiscal year 2000, $550,000,000.
‘‘(D) For fiscal year 2001, $250,000,000.
‘‘(E) For fiscal year 2002, $250,000,000.
Of amounts made available by subsection (a)(1) for
each of fiscal years 1998, 1999, and 2000, the ag-
gregate expenditures from the Fund for mixed fund-
ing under section 311(c)(1) of the Superfund Accel-
eration, Fairness, and Efficiency Act may not exceed
$275,000,000. No funds made available for mixed
funding under paragraph (1) may be used for pay-
ment of, or reimbursement for, any portion of attor-
276
neys’ fees that do not constitute necessary costs of
response consistent with section 107(a)(2)(B).
‘‘(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.
‘‘(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
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).
277
‘‘(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) FUNDS FOR STATES WITH DELEGATED OR
AUTHORIZED AUTHORITY.—Payment of any funds to
a State pursuant to section 153.
‘‘(6) CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—Payment for the implementation of any
contract or cooperative agreement under section
104(d).
‘‘(7) 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.
‘‘(8) NATURAL
RESOURCE
DAMAGES.—The
costs of Federal or State or Indian tribe efforts in
the restoration, rehabilitation, or replacement or ac-
quiring the equivalent of any natural resources in-
jured, destroyed, or lost as a result of a release of
a hazardous substance.
278
‘‘(d) ADMINISTRATION, OVERSIGHT, RESEARCH, AND
OTHER COSTS.—The President may use amounts in the
Fund appropriated under subsection (a)(2) for the follow-
ing 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
279
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 1999, 2000,
2001, 2002, and 2003.
‘‘(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, health
assessments, and other activities authorized by sec-
tion 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).