190
‘‘(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 or a judicial consent de-
cree which has been 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 Sub-
stances Control Act (15 U.S.C. 2601 et seq.),
or the Safe Drinking Water Act (42 U.S.C.
191
300f et seq.) with respect to the real property
or portion thereof which is the subject of the
order or judicial consent decree.
‘‘(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 conduct-
ing an assessment 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
192
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.
‘‘(B) The extent to which a grant will
stimulate the availability of other funds for en-
vironmental remediation and subsequent rede-
velopment of the area in which the brownfield
facilities are located.
‘‘(C) The estimated extent to which a
grant would facilitate the identification of or fa-
cilitate a reduction in health and environmental
risks.
‘‘(D) The potential to stimulate economic
development of the area, such as the following:
‘‘(i) The relative increase in the esti-
mated fair market value of the area as a
result of any necessary response action.
‘‘(ii) The potential of a grant to cre-
ate new or expand existing business and
193
employment opportunities on completion of
any necessary response action.
‘‘(iii) The estimated additional tax
revenues expected to be generated by eco-
nomic redevelopment in the area in which
a brownfield facility is located.
‘‘(E) The financial involvement of the
State and local government in any response ac-
tion planned for a brownfield facility and the
extent to which the response action and the
proposed redevelopment is consistent with any
applicable State or local community economic
development plan.
‘‘(F) The extent to which the site assess-
ment and subsequent development involves the
active participation and support of the local
community.
‘‘(5) MAXIMUM
GRANT
AMOUNT
PER
FACIL-
ITY.—A grant made to an eligible entity under this
subsection shall not exceed $200,000 with respect to
any brownfield facility covered by the grant.
‘‘(c) BROWNFIELD
REMEDIATION
GRANT
PRO-
GRAM.—
‘‘(1) 
ESTABLISHMENT
OF
PROGRAM.—The
President shall establish a program to provide
194
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) 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 section shall include in-
formation relevant to the ranking criteria estab-
lished under paragraph (4).
‘‘(4) RANKING CRITERIA.—The President shall
establish a system for ranking grant applications
submitted under this subsection that includes the
following criteria:
195
‘‘(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 title.
‘‘(B) The ability of the eligible entity to
monitor the use of funds provided to loan re-
cipients under this title.
‘‘(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 Act
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.
196
‘‘(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.
‘‘(5) MAXIMUM
GRANT
AMOUNT.—A grant
made to an eligible entity under this subsection may
not exceed $1,000,000.
‘‘(d) GENERAL PROVISIONS.—
‘‘(1) SUNSET.—No amount shall be available
from the Fund for purposes of this section after the
fifth fiscal year after the date of the enactment of
this section.
‘‘(2) PROHIBITION.—No part of a grant under
this section may be used for the payment of pen-
alties, fines, or administrative costs.
‘‘(3) AUDITS.—The President shall audit an ap-
propriate number of grants made under subsections
197
(b) and (c) to ensure that funds are used for the
purposes described in this section.
‘‘(4) 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)(2) or (c)(2);
‘‘(iii) in the case of an application by
a State under subsection (c)(2), requires
payment 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)(2) or (c)(2); and
‘‘(v) contains such other terms and
conditions as the President determines to
be necessary to ensure proper administra-
tion of the grants.
198
‘‘(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).
‘‘(5) 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)(2) or (c)(2).
‘‘(e) APPROVAL.—
‘‘(1) INITIAL GRANT.—Before the expiration of
the fourth quarter of the first fiscal year following
the date of the enactment of this section, the Presi-
dent shall make grants under this section to eligible
entities 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 subsection (b)(4) or (c)(4).
‘‘(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
199
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 (e)(3) or
(f)(3).’’.
(b) FUNDING.—Section 111 (42 U.S.C. 9611) is
amended by adding at the end the following:
‘‘(q) BROWNFIELD ASSESSMENTS AND REMEDIATION
GRANT PROGRAMS.—
‘‘(1) BROWNFIELD
ASSESSMENT
GRANT
PRO-
GRAM.—For each of fiscal years 1998 through 2002,
not more than $20,000,000 of the amounts available
in the Fund may be used to carry out section
129(b).
‘‘(2) BROWNFIELD REMEDIATION GRANT PRO-
GRAM.—For each of fiscal years 1998 through 2002,
not more than $65,000,000 of the amounts available
in the Fund may be used to carry out section
129(c).’’.
SEC. 402. ASSISTANCE FOR VOLUNTARY CLEANUP PRO-
GRAMS.
(a) STATE
RESPONSE
PROGRAMS.—Title I (42
U.S.C. 9601 et seq.) is further amended by adding at the
end the following:
200
‘‘SEC. 130. 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.
‘‘(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.’’.
(b) FUNDING.—Section 111 (42 U.S.C. 9611) is fur-
ther amended by adding at the end the following:
201
‘‘(r) STATE VOLUNTARY CLEANUP PROGRAM.—For
each of fiscal years 1998 through 2002, not more than
$25,000,000 of the amounts available in the Fund may
be used for assistance to States to maintain, establish, and
administer State voluntary cleanup programs during the
first 5 full fiscal years following the date of enactment
of this subsection. 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 program and each of the States with
a State voluntary cleanup program. For each fiscal year
there shall be available to each State voluntary cleanup
program a grant in the amount of at least $250,000.’’.
SEC. 403. ENFORCEMENT IN CASES OF A RELEASE SUBJECT
TO A STATE PLAN.
Title I (42 U.S.C. 9601 et seq.) is further amended
by adding at the end the following:
‘‘SEC. 131. ENFORCEMENT IN CASES OF A RELEASE SUB-
JECT TO A STATE PLAN.
‘‘(a) ENFORCEMENT.—Except as provided in sub-
paragraph (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-
202
son (other than a State) may use any authority under this
Act—
‘‘(1) to take an administrative enforcement ac-
tion;
‘‘(2) to take a judicial enforcement action; or
‘‘(3) to bring a private civil action against any
person regarding any release or threatened release
that is within the scope of the plan,
if a voluntary response action is being conducted under
a plan approved by a State or a response action has been
certified as complete by a State.
‘‘(b) EXCEPTIONS.—The President may bring an ad-
ministrative enforcement action or a judicial enforcement
action with respect to a facility under this Act if—
‘‘(1) the State requests the President to take
such action;
‘‘(2) the President determines that—
‘‘(A) response actions are immediately re-
quired to prevent, limit, or mitigate an emer-
gency;
‘‘(B) there is an immediate risk to public
health or welfare or the environment; and
‘‘(C) the State will not take the necessary
response actions in a timely manner;
203
‘‘(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.’’.
TITLE V—STATE ROLE
SEC. 501. STATE DELEGATION AT NPL FACILITIES.
(a) STATE DELEGATION.—Title I (42 U.S.C. 9601
et seq.) is amended—
(1) by inserting after the heading for title I the
following:
‘‘Subtitle A—General Provisions’’;
and
(2) by adding at the end the following:
‘‘Subtitle B—State Role
‘‘SEC. 151. STATE DELEGATION AT NPL FACILITIES.
‘‘(a) STATE AUTHORITY.—
‘‘(1) ACTIONS FOR WHICH AUTHORITY MAY BE
DELEGATED.—The Administrator may, in accord-
ance with this section, delegate authority to a State
to take any or all of the following actions at any or
all facilities within the State that are listed on the
National Priorities List:
204
‘‘(A) Response actions under section 104.
‘‘(B) Actions under sections 106, 107, 122,
and 128.
‘‘(C) Authority under subsections (e) and
(h) (other than subsection (h)(2)) of section
120.
‘‘(D) Remedy selections under section 121.
‘‘(E) Community participation activities
under section 117.
‘‘(2) APPLICATION FOR STATE AUTHORITY.—
The Governor of a State may submit to the Admin-
istrator an application for State delegation of 1 or
more of the authorities listed in paragraph (1) with
respect to 1 or more facilities, and may seek amend-
ments to its delegated authority to add or delete fa-
cilities or actions for which authority is delegated.
Any such application shall contain the following:
‘‘(A) A list of facilities on the National
Priorities List within the State for which au-
thority is requested and the actions under para-
graph (1) with respect to such facilities for
which authority is requested.
‘‘(B) A certification, with adequate sup-
porting documentation, that the State has ade-
quate legal authority, financial resources, and
205
personnel resources to request, accept, admin-
ister, and enforce the authority requested.
‘‘(C) In the case of a State that is not au-
thorized to administer and enforce corrective
action requirements pursuant to section 3006 of
the Solid Waste Disposal Act, a certification,
with supporting documentation, that the State
has the organization and expertise to admin-
ister and enforce the authority requested.
‘‘(D) If the delegation includes facilities at
which source, special nuclear, or byproduct ma-
terials have been released or at which there is
a threat of such a release, a certification, with
supporting documentation, that the State has
expertise in radionuclides.
‘‘(3) NOTICE
AND
COMMENT.—The Adminis-
trator shall provide notice and an opportunity for
public comment with respect to an application sub-
mitted under paragraph (2).
‘‘(4) APPROVAL AND DISAPPROVAL OF APPLICA-
TION.—
‘‘(A) IN GENERAL.—On the last day of the
120-day period beginning on the date the Ad-
ministrator receives an application made in ac-
cordance with paragraph (2), the application is
206
deemed to be approved unless within such 120-
day period the Administrator disapproves the
application by making 1 of the following find-
ings:
‘‘(i) A finding that the State does not
have adequate legal authority, financial re-
sources, or personnel resources to request,
accept, administer, or enforce the authority
requested.
‘‘(ii) In the case of an application sub-
mitted by a State required to make the
certification described in paragraph (2)(C),
a finding that the State does not have the
organization or expertise to administer and
enforce the authority requested.
‘‘(B) FINDING WITH RESPECT TO EXPER-
TISE IN RADIONUCLIDES.—If the Administrator
finds that the State does not have expertise in
radionuclides, the Administrator may dis-
approve that portion of the application which
includes facilities at which source, special nu-
clear, or byproduct materials have been released
or at which there is a threat of such a release.
‘‘(C) TERMS
AND
CONDITIONS
PROHIB-
ITED.—The Administrator may not, as a condi-
207
tion of granting an application for delegation,
include any term or condition unrelated to the
authority being delegated, except that the Ad-
ministrator may include terms and conditions to
ensure timely and effective recovery by the
State of response costs paid by funds from the
Fund and to ensure adequate information and
documentation by the State to allow such cost
recovery.
‘‘(D) EXPLANATION AND RESUBMITTAL.—
If the Administrator disapproves an application
by making 1 of the findings in clause (i) or (ii)
of subparagraph (A), or a portion of the appli-
cation by making a finding under subparagraph
(B), the Administrator shall notify the Gov-
ernor in writing of the disapproval and explain
the basis for such finding within 90 days after
receiving the application. A notification under
this subparagraph is final agency action for
purposes of judicial review. A Governor may
submit a revised application any time after re-
ceiving notice of disapproval.
‘‘(b) STATE REMEDY SELECTION RESPONSIBILITIES
AND AUTHORITIES.—
208
‘‘(1) IN GENERAL.—When selecting a remedy at
a facility for which the State has been delegated au-
thority to take such action pursuant to subsection
(a), a State shall select a remedy pursuant to section
121.
‘‘(2) PERMIT WAIVERS.—The State selecting a
remedy in accordance with paragraph (1) shall have
the authority to waive procedural requirements ap-
plicable to remedial actions in accordance with sec-
tion 121(d).
‘‘(c) STATE ENFORCEMENT RESPONSIBILITIES AND
AUTHORITIES.—
‘‘(1) IN GENERAL.—When determining liability
for response costs and damages at a facility for
which the State has been delegated authority to take
such action pursuant to subsection (a), the State
shall make such determinations in accordance with
section 107.
‘‘(2) EXPEDITED SETTLEMENTS.—A State for
which authority has been delegated under subsection
(a) shall provide for expedited settlements in accord-
ance with section 122.
‘‘(3) USE OF ALLOCATION PROCEDURES.—
‘‘(A) IN GENERAL.—When the State has
been delegated authority to take enforcement
209
action at a facility for which an allocation is re-
quired under section 128, the State shall con-
duct such allocation in accordance with section
128. In addition, the State shall—
‘‘(i) complete a potentially responsible
party search for the site and make the re-
sults of the search available to the allo-
cator and the potentially responsible par-
ties; and
‘‘(ii) notify Federal, State, tribal, and
foreign natural resources trustees of the
commencement of the allocation process
and, pursuant to section 104(b)(2), of po-
tential natural resources damages.
‘‘(B) ALLOCATION
REPORT.—When con-
ducting an allocation under subparagraph (A),
a State may accept or reject the allocation re-
port on the same basis as provided in section
128(s). If the State does not reject the alloca-
tion, the State shall use the allocator’s report
as the basis of State settlements. The State
may recover the costs of the allocation pursuant
to the provisions of this Act.
‘‘(C) PARTICIPATION BY PRESIDENT.—The
President, acting through either the Adminis-
210
trator or the Attorney General, may participate
in any phase of an allocation proceeding con-
ducted by a State under subparagraph (A) if a
Fund share is identified pursuant to section
128(n)(4).
‘‘(D) APPLICATION
FOR
FUNDING.—If a
State accepts an allocation report as the basis
for the State’s settlements in accordance with
subparagraph (B), and the allocation report
identifies a Fund share, the State shall apply
for such funding by certifying each of the fol-
lowing to the Administrator and the Attorney
General:
‘‘(i) The allocation presents a reason-
able basis for resolving responsibility for
the facility.
‘‘(ii) The assignment of the Fund
share is in accordance with section
128(n)(4).
‘‘(E) APPROVAL
OF
APPLICATION.—The
Administrator and the Attorney General shall
approve a State’s application for mixed funding
supported by an allocation report and the cer-
tification described in subparagraph (D), unless
the Administrator and Attorney General deter-
211
mine, within 120 days after such request by the
State, that the allocation does not meet the
standards set forth in section 128. Such deter-
mination shall be made in the same manner,
and shall be subject to the same limitations, as
set forth in section 128.
‘‘(F) USE OF MIXED FUNDING.—A State
may use mixed funding only to fund response
actions through settlement or to reimburse par-
ties performing work in excess of the share as-
signed to the parties in allocation. No such re-
imbursement may exceed the levels available
under section 122(b)(1).
‘‘(G) RECOVERY
OF
FUNDS.—The State
may recover funds provided through mixed
funding from nonsettling responsible parties
pursuant to the provisions of this Act.
‘‘(4) COVENANTS.—In a case in which a State,
acting pursuant to delegated authority, under this
section enters an administrative or judicial settle-
ment to resolve the liability of responsible parties at
the facility, the State shall confer a covenant not to
sue in accordance with section 122(f), which may
preclude some or all administrative or judicial action
by both the President and the State to recover re-
212
sponse costs or to compel response actions at the fa-
cility with respect to matters addressed in the settle-
ment, except that such covenants shall not be bind-
ing on the governmental entity that did not confer
the covenant to the extent that—
‘‘(A) the covenant purports to address nat-
ural resource damages;
‘‘(B) the President has not been provided
notice of, and an opportunity to participate in,
the settlement concerning the response action;
or
‘‘(C) the President objects to the settle-
ment within 120 days of the date of the signa-
ture for the record of decision or receipt of no-
tice of the settlement, whichever is later.
‘‘(5) COST RECOVERY.—
‘‘(A) 
RECOVERY
BY
A
TRANSFEREE
STATE.—Of the amount of any response costs
recovered from a responsible party by a State
that is transferred responsibility under section
107—
‘‘(i) 25 percent of the amount of any
Federal response cost recovered with re-
spect to a facility, plus an amount equal to
the amount of response costs incurred by
213
the State with respect to the facility, may
be retained by the State for use in carry-
ing out other response actions within the
State; and
‘‘(ii) the remainder shall be deposited
in the Fund.
‘‘(B) 
RECOVERY
BY
THE
ADMINIS-
TRATOR.—
‘‘(i) IN GENERAL.—The Administrator
may take action under section 107 to re-
cover response costs from a potentially re-
sponsible party for a facility for which re-
sponsibility is transferred to a State if—
‘‘(I) the State notifies the Ad-
ministrator in writing that the State
does not intend to pursue action for
recovery of response costs under sec-
tion 107 against the potentially re-
sponsible party; or
‘‘(II) the State fails to take ac-
tion to recover response costs within a
reasonable time in light of applicable
statutes of limitation.
‘‘(ii) NOTICE.—If the Administrator
proposes to commence an action for recov-
214
ery of response costs under section 107,
the Administrator shall give the State writ-
ten notice and allow the State at least 90
days after receipt of the notice to com-
mence the action.
‘‘(iii) STATE INTERVENTION.—If the
Administrator takes action against a po-
tentially responsible party under section
107 relating to a release from a facility
after providing a State notice under clause
(ii), the State may not take any other ac-
tion for recovery of response costs relating
to that release under this Act or any other
Federal or State law but may intervene in
the action brought by the Administrator as
a matter of right.
‘‘(6) FEDERAL INTERVENTION.—In any action
commenced in a court of the United States by a
State to recover costs described in this paragraph,
the Administrator may intervene as a matter of
right.
‘‘(7) DELISTING OF NATIONAL PRIORITIES LIST
FACILITIES.—
‘‘(A) DELISTING REQUEST.—A State may
request that the Administrator remove from the
215
National Priorities List all or part of a facility
for which responsibility has been transferred to
the State under this section.
‘‘(B) ACTION BY THE ADMINISTRATOR.—
The Administrator shall—
‘‘(i) promptly consider a request
under subparagraph (A); and
‘‘(ii) remove the facility or part of the
facility from the National Priorities List
unless the delisting would be inconsistent
with a requirement of this Act.
‘‘(C) DENIAL OF REQUEST.—If the Admin-
istrator decides to deny a request for delisting
under subparagraph (A), the Administrator
shall publish the decision in the Federal Reg-
ister with an explanation of the reasons for the
denial.
‘‘(D) REPORT.—At the end of each cal-
endar year, the Administrator shall submit to
Congress a report describing actions taken
under this paragraph during the year.
‘‘(d) CERTIFICATION
AND REVIEW
OF USE
OF
FUNDS.—
‘‘(1) CERTIFICATION OF USE OF FUNDS.—Not
later than 1 year after a State receives funds pursu-
216
ant to section 153, and annually thereafter for as
long as the State receives such funds, the Governor
of the State shall submit to the Administrator the
following:
‘‘(A) A certification that the State has
used the funds in accordance with the require-
ments of this section and this Act.
‘‘(B) Information describing the manner in
which the State has used the funds.
‘‘(C) Such other information about the use
of the funds as the Administrator considers
necessary.
‘‘(2) REVIEW OF USE OF FUNDS.—The Admin-
istrator shall review any certification submitted by a
Governor pursuant to paragraph (1). If the Adminis-
trator finds that funds were used in a manner that
is inconsistent with the provisions of this Act, the
Administrator shall notify the Governor in writing
within 180 days after receiving the Governor’s cer-
tification. If the Governor fails to demonstrate with-
in 60 days after receiving such notice that the Ad-
ministrator’s finding is in error or that the incon-
sistency is being corrected, the Administrator may
request reimbursement of such sums as the Adminis-
trator has found to be used in a manner inconsistent
217
with this Act or bring an action in the appropriate
United States district court to recover the amount
of funds used in a manner inconsistent with the pro-
visions of this Act.
‘‘(e) WITHDRAWAL OF DELEGATION.—
‘‘(1) CERTIFIED STATES.—If the Administrator
finds that a State does not meet the requirements
for a delegation of authority under subsection (a)(2),
or is exercising such authority in a manner incon-
sistent with the requirements of this Act, the Ad-
ministrator may withdraw all of the State’s dele-
gated authority after providing notice and an oppor-
tunity to correct deficiencies pursuant to paragraph
(2). If the Administrator finds that the State is fail-
ing to meet the cost recovery requirements pre-
scribed by the Administrator pursuant to subsection
(a)(3)(C), the Administrator may withdraw all of the
enforcement authority delegated to the State under
subsection (a)(1)(B).
‘‘(2) NOTICE AND OPPORTUNITY TO RECTIFY.—
The Administrator shall notify a State in writing
prior to withdrawing authority delegated pursuant to
subsection (a). If the State has not addressed the
deficiencies listed in the Administrator’s notification
218
within 120 days after receiving the notification, the
authority may be withdrawn.
‘‘(f) RETAINED FEDERAL AUTHORITY.—
‘‘(1) GENERAL RULE.—Except as provided in
paragraph (2) and subsections (c) and (e), the Presi-
dent is prohibited from taking any action under sec-
tion 104 (other than section 104(e)), 106, 107, 117,
121, 122, or 128, or under subsection (e) or (h)
(other than subsection (h)(2)) of section 120, at any
facility on the National Priorities List for which au-
thority to take such actions has been delegated to a
State under this section.
‘‘(2) EXCEPTIONS.—The President may take an
action under this Act, notwithstanding a delegation
of the Federal authority to take such action to a
State under this section, if—
‘‘(A) the State requests the President to
take such action;
‘‘(B) the President determines that—
‘‘(i) response actions are immediately
required to prevent, limit, or mitigate an
emergency;
‘‘(ii) there is an immediate risk to
public health or welfare or the environ-
ment; and
219
‘‘(iii) the State will not take the nec-
essary response actions in a timely man-
ner;
‘‘(C) the Agency for Toxic Substances and
Disease Registry issues a public health advisory
with respect to the facility; or
‘‘(D) the President determines that con-
tamination has migrated across a State line, re-
sulting in the need for further response action
to protect human health or the environment.
‘‘(g) RELATIONSHIP
TO
COOPERATIVE
AGREE-
MENTS.—Nothing in this section shall affect the authority
of the Administrator under section 104(d)(1) to enter into
a cooperative agreement with a State, a political subdivi-
sion, or an Indian tribe.’’.
(b) RELATIONSHIP
TO
OTHER
LAWS.—Section
114(a) (42 U.S.C. 9614(a)) is amended by striking
‘‘Nothing’’ and inserting the following: ‘‘Except as pro-
vided in paragraphs (1) and (2) of section 151(b), noth-
ing’’.
(c) CONFORMING AMENDMENT.—Section 106(a) (42
U.S.C. 9606(a)) is amended by inserting after ‘‘Attorney
General of the United States’’ the following: ‘‘(or, in the
case of a State delegation under section 151, the appro-
priate State official)’’.
220
SEC. 502. STATE AUTHORIZATION AT NPL FACILITIES.
Subtitle B of title I, as added by section 501 of this
Act, is amended by adding at the end the following:
‘‘SEC. 152. STATE AUTHORIZATION AT NPL FACILITIES.
‘‘(a) STATE AUTHORITY.—
‘‘(1) ACTIONS FOR WHICH A STATE MAY RE-
CEIVE AUTHORIZATION.—The Administrator may, in
accordance with this section, authorize a State to
implement the State’s hazardous substance response
program in lieu of the response action authorities of
this Act at any or all of the facilities within the
State that are listed on the National Priorities List.
Except as provided by this section, a State author-
ized under this section shall have sole authority
under this Act to take or secure all necessary re-
sponse actions for the release or threatened release
of a hazardous substance at facilities for which the
State has received authorization.
‘‘(2) APPLICATION
FOR
STATE
AUTHORIZA-
TION.—The Governor of a State may submit to the
Administrator an application for State authorization
with respect to 1 or more facilities, and may seek
amendments to its authorization to add or delete fa-
cilities. Any such application shall contain the fol-
lowing:
221
‘‘(A) A list of facilities on the National
Priorities List within the State for which au-
thorization is requested.
‘‘(B) Information sufficient to demonstrate
that the State has adequate legal authority, fi-
nancial and personnel resources, organization,
and expertise to administer and enforce State
hazardous substance response program at the
facilities for which authorization is requested.
‘‘(C) If the authorization includes facilities
at which source, special nuclear, or byproduct
materials have been released or at which there
is a threat of such a release, a demonstration
that the State has expertise in radionuclides.
‘‘(D) A request for delegation under sec-
tion 151(a)(1)(B) of Federal enforcement au-
thority with respect to any facility for which the
State seeks authorization.
‘‘(E) Information sufficient to demonstrate
that response actions to be taken by the State
under the authorization will protect human
health and the environment.
‘‘(F) A certification, with adequate sup-
porting documentation, that the State has pro-
222
cedures to provide meaningful opportunities for
public participation.
‘‘(3) NOTICE
AND
COMMENT.—The Adminis-
trator shall provide notice and an opportunity for
public comment with respect to an application sub-
mitted under paragraph (2).
‘‘(4) APPROVAL AND DISAPPROVAL OF APPLICA-
TION.—
‘‘(A) IN GENERAL.—On or before the last
day of the 180-day period beginning on the date
the Administrator receives an application made
in accordance with paragraph (2), the Adminis-
trator shall approve or disapprove the applica-
tion. If the Administrator disapproves the appli-
cation, the Administrator shall make 1 of the
following findings:
‘‘(i) A finding that the State does not
have adequate legal authority, financial
and personnel resources, organization, or
expertise to administer or enforce the
State hazardous substance response pro-
gram at the facilities for which authoriza-
tion is requested.
‘‘(ii) With respect to a request for au-
thorization for a facility at which source,
223
special nuclear, or byproduct materials
have been released or at which there is a
threat of such a release, a finding that the
State does not have expertise in radio-
nuclides.
‘‘(iii) A finding that the State has not
requested delegation of Federal enforce-
ment authority under section 151(a)(1)(B)
or that the State is ineligible to receive
such authority under section 151(a)(3)(A).
‘‘(iv) A finding that response actions
to be taken by the State under the author-
ization will not protect human health and
the environment.
‘‘(v) A finding that the State does not
have procedures to provide meaningful op-
portunities for public participation.
‘‘(B) FINDINGS WITH RESPECT TO EXPER-
TISE IN RADIONUCLIDES.—If the Administrator
finds that the State does not have expertise in
radionuclides, the Administration may dis-
approve that portion of the application which
includes facilities at which source, special nu-
clear, or byproduct materials have been released
or at which there is a threat of such a release.
224
‘‘(C) TERMS
AND
CONDITIONS
PROHIB-
ITED.—The Administrator may not, as a condi-
tion of granting an application for State au-
thorization, place any terms or conditions on an
authorization made pursuant to this section, ex-
cept that the Administrator may prescribe re-
quirements to ensure timely and effective recov-
ery by the State of response costs paid by funds
from the Fund and to ensure adequate informa-
tion and documentation by the State to allow
such cost recovery.
‘‘(D) EXPLANATION AND RESUBMITTAL.—
If the Administrator disapproves an application
by making 1 of the findings in subparagraph
(A), or a portion of the application by making
a finding under subparagraph (B), the Admin-
istrator shall notify the Governor in writing of
the disapproval and explain the basis for such
finding within 180 days after receiving the ap-
plication. A notification under this subpara-
graph is final agency action for purposes of ju-
dicial review. A Governor may submit a revised
application any time after receiving notice of
disapproval.
225
‘‘(5) FAILURE TO ACT.—If the Administrator
does not make a determination under paragraph (3)
with respect to an application on or before the last
day of the 180-day period specified in paragraph
(3), on such last day the application is deemed to be
denied and the State shall be entitled to judicial re-
view of such denial under section 113(b).
‘‘(6) EXPEDITED AUTHORIZATION.—
‘‘(A) PILOT
PROGRAM.—Notwithstanding
paragraph (4), the Administrator shall provide
an expedited process for the evaluation of the
applications of not more than 6 States qualified
for authorization under this section. The Ad-
ministrator shall identify such States not later
than 30 days after the date of the enactment of
this section.
‘‘(B) APPROVAL
AND
DISAPPROVAL.—An
application submitted by a State identified by
the Administrator under subparagraph (A) on
or before the last day of the 12-month period
beginning on the date of the enactment of this
section shall be deemed to be approved on the
last day of the 180-day period specified in para-
graph (3) unless, on or before such last day, the
Administrator publishes in the Federal Register
226
an explanation of why such State does not meet
the criteria for authorization established under
this section.
‘‘(C) NOTICE
AND
COMMENT.—The Ad-
ministrator shall provide notice and an oppor-
tunity for public comment with respect to an
application submitted under this paragraph.
‘‘(D) REPORT
TO
CONGRESS.—Not later
than 3 years after the date of the enactment of
this section, the Administrator shall transmit to
Congress a report on the status of any facilities
for which a State has received authorization
under this section.
‘‘(E) REGULATIONS.—Not later than 4
years after the date of the enactment of this
section, the Administrator shall issue regula-
tions providing criteria for expedited authoriza-
tion of States under this section.
‘‘(b) STATE RESPONSIBILITIES AND AUTHORITIES.—
‘‘(1) CERTIFICATION OF USE OF FUNDS.—Not
later than 1 year after a State receives funds pursu-
ant to section 153, and annually thereafter for as
long as the State receives such funds, the Governor
of the State shall submit to the Administrator the
following:
227
‘‘(A) A certification that the State has
used the funds in accordance with the require-
ments of this section and State law.
‘‘(B) Information describing the manner in
which the State has used the funds.
‘‘(C) Such other information about the use
of the funds as the Administrator considers
necessary.
‘‘(2) DELISTING OF NATIONAL PRIORITIES LIST
FACILITIES.—After notice and an opportunity for
public comment, a State authorized pursuant to sub-
section (a) with respect to a facility may delist the
facility, or portion thereof, from the National Prior-
ities List if—
‘‘(A) the State finds that no further action
to address the contamination at the facility (or
portion thereof) is necessary to adequately pro-
tect public health and the environment; or
‘‘(B) cleanup is proceeding at the facility
under the Solid Waste Disposal Act.
‘‘(3) ENFORCEMENT.—Any State that receives
approval of an application made under subsection
(a)(2) shall receive delegation of enforcement au-
thorities under section 151(a)(1)(B) and shall imple-
228
ment such authorities in accordance with section
151(c).
‘‘(c) FEDERAL RESPONSIBILITIES
AND AUTHORI-
TIES.—
‘‘(1) REVIEW OF USE OF FUNDS.—The Admin-
istrator shall review any certification submitted by a
Governor pursuant to subsection (b)(1). If the Ad-
ministrator finds that funds were used in a manner
that is inconsistent with the provisions of this sec-
tion, the Administrator shall notify the Governor in
writing within 180 days after receiving the Gov-
ernor’s certification. If the Governor fails to dem-
onstrate within 60 days after receiving such notice
that the Administrator’s finding is in error, or that
the inconsistency is being corrected, the Adminis-
trator may request reimbursement of such sums as
the Administrator has found to be used in a manner
inconsistent with this section or bring an action in
the appropriate United States district court to re-
cover the amount of funds used in a manner incon-
sistent with the provisions of this section.
‘‘(2) WITHDRAWAL OF AUTHORIZATION.—
‘‘(A) CERTIFIED STATES.—If the Adminis-
trator finds that a State does not meet the re-
quirements for authorization under subsection
229
(a)(2), or fails to meet terms and conditions for
authorization added pursuant to subsection
(a)(4)(C), or is exercising such authority in a
manner inconsistent with the requirements of
this section, the Administrator may withdraw
the State’s authorization after providing notice
and an opportunity to correct deficiencies pur-
suant to subparagraph (B).
‘‘(B) NOTICE AND OPPORTUNITY TO REC-
TIFY.—The Administrator shall notify a State
in writing prior to withdrawing authorization
approved pursuant to subsection (a). If the
State has not addressed the deficiencies listed
in the Administrator’s notification in a timely
manner after receiving the notification, the au-
thority may be withdrawn.
‘‘(3) PROHIBITED ACTIONS.—
‘‘(A) IN GENERAL.—Except as provided in
this paragraph or in subsections (b)(3) and (d),
the Administrator is prohibited from taking any
actions under this Act at any facility on the
National Priorities List for which authorization
has been granted under this section.
‘‘(B) EXCEPTIONS.—The President may
take action under this Act, notwithstanding an
230
authorization of a State under this section to
take such action in lieu of Federal action, if—
‘‘(i) the State requests the President
to take such action;
‘‘(ii) the President determines that—
‘‘(I) response actions are imme-
diately required to prevent, limit, or
mitigate an emergency;
‘‘(II) there is an immediate risk
to public health or welfare or the envi-
ronment; and
‘‘(III) the State will not take the
necessary response actions in a timely
manner;
‘‘(iii) the Agency for Toxic Substances
and Disease Registry issues a public health
advisory with respect to the facility; or
‘‘(iv) the President determines that
contamination has migrated across a State
line, resulting in the need for further re-
sponse action to protect human health or
the environment.
‘‘(d) RELATIONSHIP
TO
COOPERATIVE
AGREE-
MENTS.—Nothing in this section shall affect the authority
of the Administrator under section 104(d)(1) to enter into
231
a cooperative agreement with a State or political subdivi-
sion or Indian tribe.’’.
SEC. 503. FEDERAL FUNDING OF STATE ACTIONS UNDER
STATE DELEGATION OR STATE AUTHORIZA-
TION.
Subtitle B of title I, as added by section 501 of this
Act, is further amended by adding at the end the follow-
ing:
‘‘SEC. 153. FEDERAL FUNDING.
‘‘(a) IN GENERAL.—The Administrator shall provide
grants to, or enter into contracts or cooperative agree-
ments with, States to which responsibility has been trans-
ferred under section 151 or section 152.
‘‘(b) LEVEL OF FUNDING.—Once every 3 years with
respect to paragraphs (1) and (2), and once each year with
respect to paragraph (3), the Administrator and the State
shall determine the Federal resources necessary for the
State to undertake the responsibilities delegated to the
State under section 151, or for which the State is author-
ized to take action in lieu of the Federal program under
section 152, as follows:
‘‘(1) ADMINISTRATIVE
COSTS.—The Adminis-
trator shall provide funding for State administration
of the Federal program delegated under section 151,
or for administration of the State response program
232
in lieu of the Federal program under section 152,
based on the number of facilities and the activities
at the facilities for which the State has received del-
egation or authorization. Such funding may be based
on a calculation of the fixed costs of program admin-
istration. In no case shall such funding be less than
the funding levels necessary for Federal administra-
tion of the same activities.
‘‘(2) PRECONSTRUCTION COSTS.—The Adminis-
trator and the States shall agree upon funding for
all preconstruction activities for which the State has
received delegation or authorization. Such funding
may be based on anticipated outputs and standard
pricing factors.
‘‘(3) REMEDY CONSTRUCTION COSTS.—The Ad-
ministrator shall provide funding for remedy con-
struction at a site for which the State has such au-
thority under section 151 or section 152, if—
‘‘(A) the remedial design for the site is
complete; and
‘‘(B) in the case of a State with enforce-
ment authority for the site, the State certifies
that—
233
‘‘(i) there are no viable potentially re-
sponsible parties capable of performing the
response action; or
‘‘(ii) enforcement measures have been
attempted and the remedial action would
be delayed absent funding from the Fund.
‘‘(c) 
INTEGRATION
INTO
THE
NATIONAL
PRIORITIZATION PANEL PROCESS.—
‘‘(1) IN GENERAL.—The Administrator shall in-
clude transferred facilities in the process for allocat-
ing funds among facilities.
‘‘(2) CONSIDERATION.—In allocating funding
among facilities, the Administrator—
‘‘(A) shall not take into consideration
whether a transfer of responsibility has been
made at any listed facility; and
‘‘(B) shall apply the same decisionmaking
criteria and factors (including the need to main-
tain activity at facilities at which construction
has been commenced) in the same manner to all
facilities.
‘‘(3) PUBLICATION
OF
LIST.—The Adminis-
trator shall publish a proposed list of facilities at
which a response action will be taken.
‘‘(d) USE OF FUNDS.—
234
‘‘(1) PRE-REMEDIAL FUNDS.—A State may use
funds provided under subsections (b)(1) and (b)(2)
to take any actions or perform any duties necessary
to implement—
‘‘(A) any authority delegated to the State
under section 151; and
‘‘(B) any State hazardous substance re-
sponse program activity that the State has re-
ceived authorization to implement in lieu of the
Federal program under section 152.
‘‘(2) REMEDY CONSTRUCTION FUNDS.—A State
shall use funds provided under subsection (b)(3) to
construct the remedy at the facility for which fund-
ing is provided. If the remedy is completed at a cost
below the estimated cost, a State may retain 50 per-
cent of the excess funds for site remediation under
the State response program.
‘‘(e) LIMITATION
ON REIMBURSEMENT
FOR RE-
MOVAL ACTIONS UNDER SECTION 104.—Reimbursement
to a State for exercising any removal authority under sec-
tion 151 or 152 shall be limited to those facilities for
which removal authority is specifically delegated or au-
thorized under such sections, except as provided in section
123.
235
‘‘(f) COST SHARE.—A State may not use funds pro-
vided under this section unless the State provides assur-
ances that it will pay the amount described in section
104(c)(3). A State may not use funds appropriated to
carry out the purposes of this section to make such pay-
ments.’’.
SEC. 504. TRANSFER OF AUTHORITIES.
Subtitle B of title I, as added by section 501 of this
Act, is further amended by adding at the end the follow-
ing:
‘‘SEC. 154. TRANSFER OF AUTHORITIES.
‘‘A delegation of authority under section 151, or an
authorization of a State to implement its own laws in lieu
of this Act under section 152, shall become effective on
or before the 60th day following the date of the approval
of such delegation or authorization.’’.
SEC. 505. STATE COST SHARE.
Section 104(c)(3) (42 U.S.C. 9604(c)(3)) is amended
to read as follows:
‘‘(3) STATE COST SHARE.—
‘‘(A) AGREEMENT.—Neither the Adminis-
trator nor a State described in subparagraph
(B) may provide any remedial action pursuant
to this section unless the State first enters into
a contract or cooperative agreement with the
236
Administrator providing assurances deemed
adequate by the Administrator that the State
will pay, in cash or through in-kind contribu-
tions, 10 percent of the costs of the remedial
action and the costs of operation and mainte-
nance.
‘‘(B) APPLICABILITY.—Subparagraph (A)
shall apply to a State notwithstanding any dele-
gation of authority pursuant to section 151(a)
to take remedial action or any authorization
pursuant to section 152(a) to take remedial ac-
tion.
‘‘(C) MIXED FUNDING.—Subparagraph (A)
shall not apply with respect to mixed funding
under section 122(b)(1).’’.
SEC. 506. ADDITIONS TO NATIONAL PRIORITIES LIST.
(a) GOVERNORS’ CONCURRENCE REQUIRED.—Sec-
tion 105 (42 U.S.C. 9605) is amended by adding after
subsection (h) of such section, as added by section 224
of this Act, the following:
‘‘(i) CONCURRENCE OF GOVERNORS REQUIRED FOR
ADDITIONS TO NATIONAL PRIORITIES LIST.—
‘‘(1) IN GENERAL.—The President may add a
facility to the National Priorities List only with the
237
concurrence of the Governor of the State in which
the facility is located.
‘‘(2) EXCEPTION.—Notwithstanding paragraph
(1), the President may add a facility to the National
Priorities List without the concurrence of the Gov-
ernor if, as of the date that is 12 months following
the President’s request for concurrence—
‘‘(A) the Governor has not taken a re-
sponse action to address the release or threat-
ened release of hazardous substances at the fa-
cility; and
‘‘(B) the facility presents sufficient risks
under the Hazard Ranking System to be listed
as 
a 
national 
priority 
under 
section
105(a)(8)(B).
‘‘(j) 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
238
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.’’.
(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),’’.
SEC. 507. STATE AND LOCAL REIMBURSEMENT FOR RE-
SPONSE ACTIONS.
Section 123 (42 U.S.C. 9623) is amended to read as
follows:
‘‘SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOV-
ERNMENTS.
‘‘(a) APPLICATION.—Any State or general purpose
unit of local government for a political subdivision which
is affected by a release or threatened release at any facility
may apply to the President for reimbursement under this
section.
‘‘(b) REIMBURSEMENT.—
239
‘‘(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.—
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
240
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 Superfund Acceleration,
Fairness, and Efficiency Act.’’.
SEC. 508. 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) An interagency agreement under this
section between a State and any department, agen-
cy, or instrumentality of the United States shall be
enforceable by the State or the Federal department,
agency, or instrumentality in the United States dis-
trict court for the district in which the facility is lo-
cated. The district court shall have the jurisdiction
to enforce compliance with any provision, standard,
regulation, condition, requirement, order, or final de-
241
termination which has become effective under such
agreement, and to impose any appropriate civil pen-
alty provided for any violation of the agreement, not
to exceed $25,000 per day.
‘‘(B) At a Federal facility in a State to which
the President’s authorities under subsection (e)(4)
have been transferred pursuant to section 151(a), if
the State does not concur in the remedy selection
proposed by the Federal department, agency, or in-
strumentality that owns or operates the facility, the
parties shall enter into dispute resolution as pro-
vided in the interagency agreement. If there is no
interagency agreement, the State shall, not later
than 120 days after the transfer of authorities under
section 151(a), enter into an agreement with the
head of the department, agency, or instrumentality
on a process for resolving disputes regarding remedy
selection for the facility. If a dispute is unresolved
after using the process under the interagency agree-
ment or dispute resolution agreement, the head of
the Federal department, agency, or instrumentality
that owns the Federal facility and the Governor of
the State shall attempt to resolve such dispute by
consensus. If no agreement is reached between the
head of the Federal department, agency, or instru-
242
mentality and the Governor, the State may issue the
final determination. In order to compel implementa-
tion of the State’s selected remedy, the State must
bring a civil action in the appropriate United States
district court. The district court shall have jurisdic-
tion as provided in subparagraph (A) to issue any
relief that may be necessary to implement the reme-
dial action, to impose appropriate civil penalties 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 determination 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 pursuant to section 151(a), nothing
in this subsection shall be construed as altering,
modifying, or impairing in any manner, or authoriz-
ing 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 Superfund Acceleration, Fairness,
and Efficiency Act. Any other modifications or revi-
sions of an interagency agreement entered into
under this section shall require the consent of all
243
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.’’.
TITLE VI—NATURAL RESOURCES
DAMAGES
SEC. 601. NATURAL RESOURCES DEFINED.
Section 101(16) (42 U.S.C. 9601(16)) is amended by
striking ‘‘belonging to’’ and all that follows before the pe-
riod at the end.
SEC. 602. CONSULTATION WITH NATURAL RESOURCES
TRUSTEES.
Section 104(c)(2) is amended by inserting ‘‘and the
affected natural resource trustee or trustees’’ after ‘‘State
or States’’.
SEC. 603. LIABILITY.
Section 107(f) (42 U.S.C. 9707(f)) is amended by
striking ‘‘(f)(1)’’ and all that follows through the period
at the end of paragraph (1) and inserting the following:
‘‘(f) NATURAL RESOURCES LIABILITY.—
‘‘(1) LIABILITY.—
‘‘(A) 
LIABILITY
TO
UNITED
STATES,
STATES, INDIAN TRIBES, AND FOREIGN COUN-
244
TRIES.—Except as provided by subparagraph
(B), in the case of an injury to, destruction of,
or loss of natural resources under subsection
(a)(2)(C), liability shall be—
‘‘(i) to the United States Government,
for natural resources belonging to, man-
aged by, or held in trust by the United
States Government or selected for transfer
(but not transferred on or before the date
of the injury, destruction, or loss) to an
Alaska Native Corporation as part of the
acreage entitlement of the Corporation
under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.);
‘‘(ii) to a State, for natural resources
within the State belonging to, managed by,
or held in trust by the State or allocated
to the State pursuant to an interstate com-
pact to which the State is a signatory;
‘‘(iii) to an Indian tribe, for natural
resources belonging to, managed by, grant-
ed rights to by treaty, or held in trust by
the tribe, or belonging to a member of
such tribe if such resources are subject to
a trust restriction on alienation; and
245
‘‘(iv) in any case in which subsection
(n) applies, to the government of a foreign
country for natural resources belonging to,
managed by, or held in trust by the foreign
country.
‘‘(B) EXCEPTIONS TO LIABILITY REQUIRE-
MENTS.—No liability to the United States, a
State, an Indian tribe, or a foreign country
shall be imposed under subsection (a)(2)(C)
where the party sought to be charged has dem-
onstrated that the damages to natural resources
complained of were specifically identified as an
irreversible and irretrievable commitment of
natural resources in an environmental impact
statement, or other comparable environment
analysis, and the decision to grant a permit or
license authorizes such commitment of natural
resources, and the facility or project was other-
wise operating within the terms of its permit or
license, so long as, in the case of damages to
an Indian tribe occurring pursuant to a Federal
permit or license, the issuance of that permit or
license was not inconsistent with the fiduciary
duty of the United States with respect to the
Indian tribe.
246
‘‘(C) PUBLIC
TRUSTEES
OF
NATURAL
RESOURCES.—The President, the authorized
representative of a State, or the authorized rep-
resentative of an Indian tribe shall act on be-
half of the public or the Indian tribe, as appro-
priate, as trustee for a natural resource to re-
cover for damages under this section. The au-
thorized representative of a foreign country
shall act on behalf of the public of such country
as trustee for a natural resource to recover for
damages under this section.’’.
SEC. 604. DESIGNATION OF TRUSTEES.
(a) DESIGNATION OF INDIAN TRIBE AND FOREIGN
TRUSTEES.—Section 107(f)(2) (42 U.S.C. 9707(f)(2)) is
amended—
(1) by striking the paragraph heading and in-
serting the following: ‘‘DESIGNATION OF FEDERAL,
STATE, INDIAN TRIBE, AND FOREIGN TRUSTEES.—’’;
and
(2) by striking subparagraph (C) and inserting
the following:
‘‘(C) INDIAN TRIBE.—The elected council
or elected head official of an Indian tribe shall
designate Indian tribe officials who may act on
behalf of the Indian tribe as trustees for natu-
247
ral resources under this Act and section 311 of
the Federal Water Pollution Control Act and
shall notify the President of such designations.
Such Indian tribe officials shall assess damages
to natural resources for the purposes of this
Act and such section 311 for those natural re-
sources under their trusteeship.
‘‘(D) FOREIGN TRUSTEES.—The head of
any foreign government may designate the
trustee who shall act on behalf of the govern-
ment as trustee for natural resources under this
Act and section 311 of the Federal Water Pol-
lution Control Act. Such trustee shall assess
damages to natural resources for the purposes
of this Act and such section 311 for those natu-
ral resources under their trusteeship.’’.
(b) RELATIONSHIP
AMONG
TRUSTEES.—Section
107(f)(2) (42 U.S.C. 9707(f)(2)) is further amended by
adding at the end the following:
‘‘(E) DESIGNATION
OF
LEAD
DECISION-
MAKING TRUSTEE.—
‘‘(i) IN GENERAL.—If more than one
trustee is designated for a natural resource
under this paragraph, the following trustee
248
may elect to serve as the lead decisionmak-
ing trustee for the resource:
‘‘(I) The United States, for re-
sources belonging to or held in trust
by the United States or for which the
United States exercises primary man-
agement under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et
seq.), the Magnuson-Stevens Fishery
Conservation and Management Act
(16 U.S.C. 1801 et seq.), the Migra-
tory Bird Treaty Act (16 U.S.C. 703
et seq.), the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1631 et
seq.), the Wild Free-Roaming Horses
and Burros Act (16 U.S.C. 1331 et
seq.), or the Bald Eagle Protection
Act (16 U.S.C. 668 et seq.).
‘‘(II) An Indian tribe, for re-
sources belonging to such tribe or for
which the tribe is the primary man-
ager pursuant to a treaty.
‘‘(III) A foreign country for re-
sources belonging to or held in trust
by the foreign country or for which
249
the foreign country is granted rights
by treaty.
‘‘(IV) A State, if the State is a
trustee for the resource and subpara-
graphs (I), (II), and (III) do not
apply.
‘‘(ii) RESPONSIBILITY OF LEAD DECI-
SIONMAKING
TRUSTEE.—A lead decision-
making trustee for a resource designated
under this subparagraph shall be respon-
sible for determining the measurement of
damages for the resource after soliciting
and considering the views of the other
trustees for the resource.
‘‘(iii) LIMITATION.—A trustee may
not be designated as a lead decisionmaking
trustee for a resource under this subpara-
graph if the trustee is a potentially respon-
sible party with respect to damages to the
resource.’’.
SEC. 605. DETERMINATION OF CAUSATION.
Section 107(f) (42 U.S.C. 9707(f)) is amended by
adding at the end the following:
‘‘(3) DETERMINATION OF CAUSATION.—Any de-
termination of whether injury to, destruction of, or
250
loss of a natural resource results from a release
under subsection (a)(2)(C) shall be made in accord-
ance with the Restatement (Second) of Torts, as in
effect on the date of the enactment of this para-
graph.’’.
SEC. 606. MEASURE OF DAMAGES.
Section 107(f) is further amended by adding at the
end the following:
‘‘(4) MEASURE OF DAMAGES.—
‘‘(A) IN GENERAL.—The measure of dam-
ages to a natural resource under subsection
(a)(2)(C) shall be limited to the following:
‘‘(i) Reasonable costs of restoration of
the resource.
‘‘(ii) The loss of use by the public of
the resource prior to restoration, except
that any such loss before December 11,
1980, shall not be recoverable.
‘‘(iii) The costs of reasonable assess-
ment of damages to the resource.
‘‘(B) PSYCHOLOGICAL DAMAGES.—
‘‘(i) RECOVERY
PROHIBITED.—There
shall be no recovery under subsection
(a)(2)(C) for psychological damages.
251
‘‘(ii) PSYCHOLOGICAL
DAMAGES
DE-
FINED.—In this subparagraph, the term
‘psychological damages’ means damages
based on how a person or group of persons
feels about or perceives a resource.’’.
SEC. 607. DAMAGE ASSESSMENTS.
Section 107(f) (42 U.S.C. 9707(f)) is further amend-
ed by adding at the end the following:
‘‘(5) DAMAGE ASSESSMENTS.—
‘‘(A) IN GENERAL.—To the extent prac-
ticable, a Federal, State, Indian tribe, or for-
eign trustee designated under this subsection
shall base any measure of damages under para-
graph (4) with respect to a site on an assess-
ment of the specific conditions and restoration
requirements at the site.
‘‘(B) ASSESSMENT
REQUIREMENTS.—Any
assessment used by a trustee under subpara-
graph (A) shall be based on, and performed in
accordance with, generally accepted scientific
and technical standards, literature, and meth-
odologies that ensure the validity, reliability,
and cost-effectiveness of assessment results.’’.
252
SEC. 608. PROCESS FOR DETERMINING DAMAGES.
Section 107(f) (42 U.S.C. 9707(f)) is further amend-
ed by adding at the end the following:
‘‘(6) PROCESS FOR DETERMINING DAMAGES.—
‘‘(A) STANDARD OF REVIEW.—All aspects
of the determination or assessment of damages
for injury to, destruction of, or loss of natural
resources made by a Federal, State, Indian
tribe, or foreign trustee for the purposes of this
Act or section 311 of the Federal Water Pollu-
tion Control Act shall be adjudicated in a de
novo trial in a Federal district court.
‘‘(B) PUBLIC PARTICIPATION.—Any deter-
mination or assessment of damages to a natural
resource made by a Federal, State, Indian
tribe, or foreign trustee for purposes of this Act
or section 311 of the Federal Water Pollution
Control Act shall be made through a process
which allows for reasonable public participation
as to the scope, extent, and nature of injury to,
destruction of, or loss of natural resources and
the appropriate restoration under this section.
‘‘(C) INADMISSIBILITY
OF
CERTAIN
EVI-
DENCE.—If, in providing for public participa-
tion under subparagraph (B), a Federal, State,
Indian tribe, or foreign trustee provides for no-
253
tice and comment and the development of a
public record, and if a party, including a trust-
ee, fails to make available to the public record
any reasonably relevant information related to
the scope, extent, and nature of injury to, de-
struction of, or loss of natural resources and
the appropriate restoration under this section,
such information shall not be admissible by the
party as evidence in any subsequent judicial or
administrative proceeding.’’.
SEC. 609. SELECTION OF RESTORATION ALTERNATIVES.
Section 107(f) (42 U.S.C. 9707(f)) is further amend-
ed by adding at the end the following:
‘‘(7) SELECTION
OF
RESTORATION
ALTER-
NATIVES.—
‘‘(A) IN GENERAL.—In selecting a range of
possible restoration alternatives, a Federal,
State, Indian tribe, or foreign trustee des-
ignated under this subsection shall select meas-
ures that are feasible and cost-effective.
‘‘(B) PREFERENCE.—A trustee shall give
preference to any alternatives selected under
subparagraph (A) that meet the following re-
quirements:
254
‘‘(i) Notwithstanding the limitations
in paragraph (4), the incremental costs are
justified by the incremental benefits.
‘‘(ii) Restoration is achieved in a time-
ly manner.’’.
SEC. 610. USE OF SUMS RECOVERED BY TRUSTEES.
Section 107(f) (42 U.S.C. 9707(f)) is further amend-
ed by adding at the end the following:
‘‘(8) USE
OF
SUMS
RECOVERED
BY
TRUST-
EES.—
‘‘(A) USE OF SUMS RECOVERED BY THE
UNITED STATES.—Sums recovered for damages
to natural resources by the United States Gov-
ernment as a trustee under this subsection shall
be retained by the trustee, without further ap-
propriation, for use only to restore, replace, or
acquire the equivalent of such natural re-
sources.
‘‘(B) USE
OF
SUMS
RECOVERED
BY
A
STATE, INDIAN
TRIBE, OR
FOREIGN
COUN-
TRY.—Sums recovered for damages to natural
resources by a State, Indian tribe, or foreign
country as a trustee under this subsection shall
be available for use only to restore, replace, or
255
acquire the equivalent of such natural resources
by the State, Indian tribe, or foreign country.’’.
SEC. 611. RELATION TO OTHER LAWS; DAMAGES OCCUR-
RING BEFORE DECEMBER 11, 1980.
Section 107(f) (42 U.S.C. 9707(f)) is further amend-
ed by adding at the end the following:
‘‘(9) RELATION TO OTHER LAWS.—
‘‘(A) DOUBLE
RECOVERY
PROHIBITED.—
Any trustee who receives compensation for
damages or claims with respect to a natural re-
source pursuant to this section shall be pre-
cluded from recovering compensation for the
damages or claims with respect to the same
natural resource pursuant to any other State or
Federal law. Any trustee who receives com-
pensation for damages or claims with respect to
a natural resource pursuant to any other Fed-
eral or State law shall be precluded from receiv-
ing compensation for damages or claims with
respect to the same natural resource as pro-
vided in this section.
‘‘(B) DOUBLE
LIABILITY
PROHIBITED.—
Any person who pays compensation to one or
more parties for damages or claims with respect
to a natural resource pursuant to this section
256
shall not be required to pay compensation for
damages or claims with respect to the same
natural resource pursuant to this Act or any
other State or Federal law. Any person who
pays compensation for damages or claims with
respect to a natural resource pursuant to any
other Federal or State law shall not be required
to pay compensation for damages or claims with
respect to the same natural resource as pro-
vided in this section.
‘‘(C) PERSON
DEFINED.—In this para-
graph, the term ‘person’ has the meaning given
such term by section 101 and also includes an
Indian tribe and a foreign country.
‘‘(10) DAMAGES OCCURRING BEFORE DECEM-
BER 11, 1980.—There shall be no recovery for dam-
ages to natural resources under the authority of sub-
section (a)(2)(C) where such damages and the re-
lease of a hazardous substance from which such
damages resulted have occurred wholly before De-
cember 11, 1980.’’.
SEC. 612. RESTORATION.
Section 107(f) (42 U.S.C. 9707(f)) is further amend-
ed by adding at the end the following:
‘‘(11) RESTORATION.—
257
‘‘(A) RESTORATION
DEFINED.—In this
subsection, the term ‘restoration’ means actions
to restore, replace, or acquire the equivalent of
an injured natural resource that return the in-
jured natural resource to the condition that
would exist had the release not occurred, as
measured by reinstatement of the consumptive
and nonconsumptive services provided to the
public by the resource.
‘‘(B) MEASUREMENT OF RESTORATION OF
CERTAIN RESOURCES.—
‘‘(i) RESOURCES PROTECTED UNDER
WILDERNESS ACT OR MARINE PROTECTION,
RESEARCH, AND
SANCTUARIES
ACT
OF
1972.—For purposes of this subsection,
restoration of an injured biological re-
source that is protected under the Wilder-
ness Act (16 U.S.C. 1131 et seq.), or that
is located in a marine sanctuary designated
under the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C.
1431 et seq.), may be measured by rein-
statement of populations of such resource
to the condition that would exist had the
release not occurred.
258
‘‘(ii) RESOURCES PROTECTED UNDER
ENDANGERED SPECIES ACT OF 1973.—For
purposes of this subsection, restoration of
a resource that is protected under the En-
dangered Species Act of 1973 (16 U.S.C.
1531 et seq.) may be measured by compli-
ance with existing or planned recovery
plans and requirements developed for such
resource under section 1533(f) of such
Act.’’.
SEC. 613. RECOVERY BY FOREIGN CLAIMANTS.
Section 107 is amended by adding at the end the fol-
lowing:
‘‘(n) RECOVERY BY FOREIGN CLAIMANTS.—
‘‘(1) REQUIRED SHOWING BY FOREIGN CLAIM-
ANTS.—
‘‘(A) IN GENERAL.—In addition to satisfy-
ing the other requirements of this Act, to re-
cover damages under subsection (a)(2)(C) a for-
eign claimant shall demonstrate that—
‘‘(i) the claimant has not been other-
wise compensated for the damages; and
‘‘(ii) recovery is authorized by a treaty
or executive agreement between the United
States and the claimant’s country, or the
259
Secretary of State, in consultation with the
Attorney General and other appropriate of-
ficials, has certified that the claimant’s
country provides a comparable remedy for
United States claimants.
‘‘(2) RELEASES
IN
FOREIGN
COUNTRIES.—A
foreign claimant may make a claim for damages re-
sulting from a release, or substantial threat of a re-
lease, in or on the territorial sea, internal waters, or
adjacent shoreline of a foreign country, only if the
release is from—
‘‘(A) an Outer Continental Shelf facility or a
deepwater port;
‘‘(B) a vessel in the navigable waters; or
‘‘(C) a vessel carrying a hazardous substance
as cargo between 2 places in the United States.
‘‘(3) FOREIGN CLAIMANT DEFINED.—In this sub-
section, the term ‘foreign claimant’ means—
‘‘(A) the government of a foreign country;
and
‘‘(B) an agency or political subdivision of a
foreign country.’’.
SEC. 614. APPLICABILITY.
(a) IN GENERAL.—The amendments made by this
title shall not apply to an action to recover natural re-
260
source damages under section 107(f) in which a trial has
begun before July 1, 1997, or in which a final settlement,
decree, or order has been issued before such date.
(b) EXPIRED ACTIONS UNDER SECTION 113(g)(1).—
The amendments made by this title shall not be construed
to affect any action for damages that has expired under
section 113(g)(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.), as in effect on the day before the
date of the enactment of this Act.
TITLE VII—OIL POLLUTION
SEC. 701. NATURAL RESOURCES DEFINED.
Section 1001(20) of the Oil Pollution Act of 1990
(33 U.S.C. 2701) is amended by striking ‘‘belonging to’’
and all that follows before the semicolon at the end.
SEC. 702. LIABILITY.
Section 1006(a) of the Oil Pollution Act of 1990 (33
U.S.C. 2706(a)) is amended to read as follows:
‘‘(a) LIABILITY.—In the case of natural resources
damages under section 1002(b)(2)(A), liability shall be—
‘‘(1) to the United States Government, for nat-
ural resources belonging to, managed by, or held in
trust by the United States Government or selected
for transfer (but not transferred on or before the
date of the injury, destruction, or loss) to an Alaska
261
Native Corporation as part of the acreage entitle-
ment of the Corporation under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.);
‘‘(2) to a State, for natural resources within the
State belonging to, managed by, or held in trust by
the State or allocated to the State pursuant to an
interstate compact to which the State is a signatory;
‘‘(3) to an Indian tribe, for natural resources
belonging to, managed by, granted rights to by trea-
ty, or held in trust by the tribe, or belonging to a
member of the tribe if such resources are subject to
a trust restriction on alienation; and
‘‘(4) in any case in which section 1007 applies,
to the government of a foreign country, for natural
resources belonging to, managed by, or held in trust
by the country.’’.
SEC. 703. DESIGNATION OF LEAD DECISIONMAKING TRUST-
EE.
Section 1006(b) of the Oil Pollution Act of 1990 (33
U.S.C. 2706(b)) is amended by adding at the end the fol-
lowing:
‘‘(6) DESIGNATION OF LEAD DECISIONMAKING
TRUSTEE.—
‘‘(A) IN
GENERAL.—If more than one
trustee is designated for a natural resource
262
under this subsection, the following trustee may
elect to serve as the lead decisionmaking trustee
for the resource:
‘‘(i) The United States, for resources
belonging to or held in trust by the United
States or for which the United States is
the primary manager under the Endan-
gered Species Act of 1973 (16 U.S.C.
1531 et seq.), the Magnuson-Stevens Fish-
ery Conservation and Management Act (16
U.S.C. 1801 et seq.), the Migratory Bird
Treaty Act (16 U.S.C. 703 et seq.), the
Marine Mammal Protection Act of 1972
(16 U.S.C. 1631 et seq.), the Wild Free-
Roaming Horses and Burros Act (16
U.S.C. 1331 et seq.), or the Bald Eagle
Protection Act (16 U.S.C. 668 et seq.).
‘‘(ii) An Indian tribe, for resources be-
longing to such tribe or for which the tribe
is the primary manager pursuant to a trea-
ty.
‘‘(iii) A foreign country, for resources
belonging to or held in trust by the foreign
country or for which the foreign country is
granted rights by treaty.
263
‘‘(iv) A State, if the State is a trustee
for the resource and clauses (i), (ii), and
(iii) do not apply.
‘‘(B) RESPONSIBILITY OF LEAD DECISION-
MAKING
TRUSTEE.—A lead decisionmaking
trustee for a resource designated under this
paragraph shall be responsible for determining
the measurement of damages for the resource
after soliciting and considering the views of the
other trustees for the resource.
‘‘(C) LIMITATION.—A trustee may not be
designated as a lead decisionmaking trustee for
a resource under this subparagraph if the trust-
ee is a potentially responsible party with respect
to damages to the resource.’’.
SEC. 704. SELECTION OF RESTORATION ALTERNATIVES.
Section 1006(c)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2706(c)(5)) is amended to read as follows:
‘‘(5) SELECTION
OF
RESTORATION
ALTER-
NATIVES.—
‘‘(A) IN GENERAL.—In selecting a range of
possible restoration alternatives, a Federal,
State, Indian tribe, or foreign trustee des-
ignated under subsection (b) shall select meas-
ures that are feasible and cost-effective.
264
‘‘(B) PREFERENCE.—A trustee shall give
preference to any alternatives selected under
subparagraph (A) that meet the following re-
quirements:
‘‘(i) Notwithstanding the limitations
in section 1006(d)(2), the incremental
costs are justified by the incremental bene-
fits.
‘‘(ii) Restoration is achieved in a time-
ly manner.’’.
SEC. 705. MEASURE OF DAMAGES.
(a) IN GENERAL.—Section 1006(d)(1) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2706(d)(1)) is amended to
read as follows:
‘‘(1) IN GENERAL.—The measure of natural re-
sources damages under section 1002(b)(2)(A) shall
be limited to the following:
‘‘(A) Reasonable costs of restoration of the
resource.
‘‘(B) The loss of use by the public of the
resource prior to restoration.
‘‘(C) The costs of reasonable assessment of
damages to the resource.’’.
(b) PSYCHOLOGICAL DAMAGES.—Section 1006(d) of
such Act (33 U.S.C. 2706(d)) is amended—
265
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the follow-
ing:
‘‘(2) PSYCHOLOGICAL DAMAGES.—
‘‘(A) 
RECOVERY
PROHIBITED.—There
shall 
be 
no 
recovery 
under 
section
1002(b)(2)(A) for psychological damages.
‘‘(B) 
PSYCHOLOGICAL
DAMAGES
DE-
FINED.—In this paragraph, the term ‘psycho-
logical damages’ means damages based on how
a person or group of persons feels about or per-
ceives a resource.’’.
(c) RELATION TO OTHER LAWS.—Section 1006(d)(4)
of such Act, as so redesignated, is amended to read as
follows:
‘‘(4) RELATION TO OTHER LAWS.—
‘‘(A) DOUBLE
RECOVERY
PROHIBITED.—
Any trustee who receives compensation for
damages or claims with respect to a natural re-
source pursuant to this section shall be pre-
cluded from recovering compensation for the
damages or claims with respect to the same
natural resource pursuant to any other State or
Federal law. Any trustee who receives com-
266
pensation for damages or claims with respect to
a natural resource pursuant to any other Fed-
eral or State law shall be precluded from receiv-
ing compensation for the damages or claims
with respect to the same natural resource as
provided in this section.
‘‘(B) DOUBLE
LIABILITY
PROHIBITED.—
Any person who pays compensation to one or
more parties for damages or claims with respect
to a natural resource pursuant to this section
shall not be required to pay compensation for
the damages or claims with respect to the same
natural resource pursuant to this Act or any
other State or Federal law. Any person who
pays compensation for damages or claims with
respect to a natural resource pursuant to any
other Federal or State law shall not be required
to pay compensation for the damages or claims
with respect to the same natural resource pur-
suant as provided in this section.
‘‘(C) PERSON
DEFINED.—In this para-
graph, the term ‘person’ has the meaning given
such term by section 1001 and also includes the
United States, an Indian tribe, and a foreign
country.’’.
267
SEC. 706. DAMAGE ASSESSMENTS.
Section 1006(e)(2) of the Oil Pollution Act of 1990
(33 U.S.C. 2706(e)(2)) is amended to read as follows:
‘‘(2) DAMAGE ASSESSMENTS.—
‘‘(A) IN GENERAL.—To the extent prac-
ticable, a Federal, State, Indian tribe, or for-
eign trustee designated under this subsection
shall base any measure of damages under sec-
tion 1002(b)(2)(A) with respect to a site on an
assessment of the specific conditions and res-
toration requirements at the site.
‘‘(B) ASSESSMENT
REQUIREMENTS.—Any
assessment used by a trustee under subpara-
graph (A) shall be based on, and performed in
accordance with, generally accepted scientific
and technical standards, literature, and meth-
odologies that ensure the validity, reliability,
and cost-effectiveness of assessment results.’’.
SEC. 707. PROCESS FOR DETERMINING DAMAGES.
Section 1006(e) of the Oil Pollution Act of 1990 (33
U.S.C. 2706(e)) is amended by adding at the end the fol-
lowing:
‘‘(3) PROCESS FOR DETERMINING DAMAGES.—
‘‘(A) STANDARD OF REVIEW.—Any deter-
mination or assessment of damages for injury
to, destruction of, or loss of natural resources
268
made by a Federal, State, Indian tribe, or for-
eign trustee for the purposes of section
1002(b)(2)(A)) shall be adjudicated in a de
novo trial in a Federal district court.
‘‘(B) PUBLIC PARTICIPATION.—All aspects
of the determination or assessment of damages
to a natural resource made by a Federal, State,
Indian tribe, or foreign trustee for purposes of
section 1002(b)(2)(A)) shall be made through a
process which allows for reasonable public par-
ticipation as to the scope, extent, and nature of
injury to, destruction of, or loss of natural re-
sources and the appropriate restoration under
this section.
‘‘(C) INADMISSIBILITY
OF
CERTAIN
EVI-
DENCE.—If, in providing for public participa-
tion under subparagraph (B), a trustee provides
for notice and comment and the development of
a public record, and if a party, including a
trustee, fails to make available to the public
record any reasonably relevant information re-
lated to the scope, extent, and nature of dam-
ages and the appropriate restoration under this
section, such information shall not be admissi-
269
ble by the party as evidence in any subsequent
judicial or administrative proceeding.’’.
SEC. 708. RESTORATION.
Section 1006 of the Oil Pollution Act of 1990 (33
U.S.C. 2706) is amended by adding at the end the follow-
ing:
‘‘(h) RESTORATION.—
‘‘(1) RESTORATION DEFINED.—In this section,
the term ‘restoration’ means actions to restore, re-
place, or acquire the equivalent of an injured natural
resource that return the injured natural resource to
the condition that would exist had the release not
occurred, as measured by reinstatement of the con-
sumptive and nonconsumptive services provided to
the public by the resource.
‘‘(2) MEASUREMENT OF RESTORATION OF CER-
TAIN RESOURCES.—
‘‘(A) RESOURCES PROTECTED UNDER WIL-
DERNESS
ACT
OR
MARINE
PROTECTION, RE-
SEARCH, AND SANCTUARIES ACT OF 1972.—For
purposes of this subsection, restoration of an
injured biological resource that is protected
under the Wilderness Act (16 U.S.C. 1131 et
seq.), or that is located in a marine sanctuary
designated under the Marine Protection, Re-
270
search, and Sanctuaries Act of 1972 (16 U.S.C.
1431 et seq.), may be measured by reinstate-
ment of populations of such resource to the
condition that would exist had the release not
occurred.
‘‘(B) RESOURCES PROTECTED UNDER EN-
DANGERED
SPECIES
ACT
OF
1973.—For pur-
poses of this subsection, restoration of a re-
source that is protected under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.)
may be measured by compliance with existing
or planned recovery plans and requirements de-
veloped for such resource under section 1533(f)
of such Act.’’.
SEC. 709. APPLICABILITY.
(a) IN GENERAL.—The amendments made by this
title shall not apply to an action to recover natural re-
source damages under section 1002(b)(2)(A) of the Oil
Pollution Act of 1990 (33 U.S.C. 2702(b)(2)(A)) in which
a trial has begun before July 1, 1997, or in which a final
settlement, decree, or order has been issued before such
date.
(b) EXPIRED ACTIONS UNDER SECTION 1017(f).—
The amendments made by this title shall not be construed
to affect any action for damages that has expired under
271
section 1017(f) of the Oil Pollution Act of 1990 (33
U.S.C. 2717(f)), as in effect on the day before the date
of the enactment of this Act.
TITLE VIII—MISCELLANEOUS
SEC. 801. 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. 802. 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), and section 121 (regarding selection of rem-
edies)’’; 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
272
Indian reservation under the jurisdiction of the
United States government.’’.
(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 Superfund Accelera-
tion, Fairness, and Efficiency Act, the President
shall transmit to Congress a report on the results of
the study conducted under this subsection.’’.
SEC. 803. 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 amend-
ed—
(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:
273
‘‘(4) ALLOCATION OF AMOUNTS.—Of the
amounts made available under section 111 to
carry out this subsection in a fiscal year, at
least 20 percent 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 containment or
emergency response actions.’’.
TITLE IX—FUNDING
Subtitle A—Expenditures From the
Hazardous Substance Superfund
SEC. 901. 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,
274
1996, 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) 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.
‘‘(2) SUBSECTIONS (b), (c), AND (d) EXPENDI-
TURES.—Amounts appropriated to the Hazardous
Substance Superfund pursuant to section 9507(b) of
the Internal Revenue Code of 1986 and amounts
credited under section 9602(b) of such Code with re-
spect to those appropriated amounts shall be avail-
able as provided in appropriations Acts and may be
used for the purposes specified in subsections (b),
(c), and (d) of this section, including $650,000,000
for each of fiscal years 1998 and 1999 for costs de-
scribed in subsection (c) with respect to completion
of construction by September 30, 2000, of an addi-
tional 250 sites on the National Priorities List.
‘‘(b) PAYMENTS RELATED
TO CERTAIN REDUC-
TIONS, LIMITATIONS, AND EXEMPTIONS.—