dreamproit/uscode huggingface dataset:
42 U.S.C. § 9312 (THE PUBLIC HEALTH AND WELFARE)
§ 9312. Authorization of appropriations; contract authority
(a) There is hereby authorized to be appropriated to the Secretary, for the fiscal year ending September 30, 1981, such sums as are provided in the annual authorization Act pursuant to section 7270 of this title.
(b) In carrying out the provisions of this chapter, the Secretary is authorized to enter into contracts only to such extent or in such amounts as may be provided in advance in appropriations Acts.
(Pub. L. 96–386, § 13, Oct. 7, 1980, 94 Stat. 1544.)
42 U.S.C. § 9411 (THE PUBLIC HEALTH AND WELFARE)
§ 9411. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section, Pub. L. 96–398, title I, § 101, Oct. 7, 1980, 94 Stat. 1566, set forth general provisions respecting community mental health centers.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9412 (THE PUBLIC HEALTH AND WELFARE)
§ 9412. Definitions
For purposes of this chapter:
(1) The term “Secretary” means the Secretary of Health and Human Services.
(2) The term “State” includes (in addition to the fifty States) the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands.
(3) The term “nonprofit”, as applied to any entity, means an entity which is owned and operated by one or more corporations or associations no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or person.
(Pub. L. 96–398, title I, § 102, Oct. 7, 1980, 94 Stat. 1569; Pub. L. 97–35, title IX, § 902(f)(1)(B), (C), Aug. 13, 1981, 95 Stat. 560.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–398, Oct. 7, 1980, 94 Stat. 1564, as amended, known as the Mental Health Systems Act, which enacted this chapter, amended sections 210, 225a, 229b, 242a, 246, 289k–1, 300l–2, 300m–2, 1396b, 2689a to 2689c, 2689e, 2689g, and 2689h of this title, repealed section 2689q of this title, and enacted provisions set out as notes under sections 242a, 246, 289k–1, and 2689b of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9401 of this title and Tables.
heading: Amendments
text: 1981—Pub. L. 97–35 redesignated former par. (5) as (3). Former pars. (3), (4), (6), and (7), which defined “State mental health authority”, “mental health service area”, “priority population group”, and “Governor”, respectively, were struck out.
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as a note under section 238l of this title.
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
42 U.S.C. § 9421 to 9423 (THE PUBLIC HEALTH AND WELFARE)
§§ 9421 to 9423. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section 9421, Pub. L. 96–398, title I, § 105, Oct. 7, 1980, 94 Stat. 1570, related to designation of State agency for mental health programs.
text: Section 9422, Pub. L. 96–398, title I, § 106, Oct. 7, 1980, 94 Stat. 1570, related to establishment, etc., of State mental health service areas.
text: Section 9423, Pub. L. 96–398, title I, § 107(a)–(c), Oct. 7, 1980, 94 Stat. 1570, related to allotments to improve State administration of mental health programs.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9431 to 9438 (THE PUBLIC HEALTH AND WELFARE)
§§ 9431 to 9438. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section 9431, Pub. L. 96–398, title II, § 201, Oct. 7, 1980, 94 Stat. 1571, set forth authority, etc., for grants for community mental health centers.
text: Section 9432, Pub. L. 96–398, title II, § 202, Oct. 7, 1980, 94 Stat. 1573, set forth authority, etc., for grants for services for chronically, mentally ill individuals.
text: Section 9433, Pub. L. 96–398, title II, § 203, Oct. 7, 1980, 94 Stat. 1575, set forth authority, etc., for grants for services for severely, mentally disturbed children and adults.
text: Section 9434, Pub. L. 96–398, title II, § 204, Oct. 7, 1980, 94 Stat. 1577, set forth authority, etc., for grants for mental health services for elderly individuals and other priority populations.
text: Section 9435, Pub. L. 96–398, title II, § 205, Oct. 7, 1980, 94 Stat. 1581, set forth authority, etc., for grants for non-revenue producing services.
text: Section 9436, Pub. L. 96–398, title II, § 206, Oct. 7, 1980, 94 Stat. 1582, set forth authority, etc., for grants for mental health services in health care centers.
text: Section 9437, Pub. L. 96–398, title II, § 207, Oct. 7, 1980, 94 Stat. 1583, set forth authority, etc., for grants and contracts for innovative projects.
text: Section 9438, Pub. L. 96–398, title II, § 208, Oct. 7, 1980, 94 Stat. 1584, set forth authority, etc., for grants for prevention of mental illness and promotion of mental health.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9451, 9452 (THE PUBLIC HEALTH AND WELFARE)
§§ 9451, 9452. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section 9451, Pub. L. 96–398, title III, § 301, Oct. 7, 1980, 94 Stat. 1585, set forth requirements for State mental health services programs.
text: Section 9452, Pub. L. 96–398, title III, § 302, Oct. 7, 1980, 94 Stat. 1585, related to contents of programs with respect to administrative and service parts.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9461 to 9465 (THE PUBLIC HEALTH AND WELFARE)
§§ 9461 to 9465. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section 9461, Pub. L. 96–398, title III, § 305, Oct. 7, 1980, 94 Stat. 1588, set forth provisions respecting State administration of programs, and authorized agreements, etc., for implementation.
text: Section 9462, Pub. L. 96–398, title III, § 306, Oct. 7, 1980, 94 Stat. 1590, related to processing of applications by State mental health authorities.
text: Section 9463, Pub. L. 96–398, title III, § 307, Oct. 7, 1980, 94 Stat. 1592, set forth provisions relating to requirements for applications.
text: Section 9464, Pub. L. 96–398, title III, § 308, Oct. 7, 1980, 94 Stat. 1594, related to Indian tribes and organizations.
text: Section 9465, Pub. L. 96–398, title III, § 309, Oct. 7, 1980, 94 Stat. 1595, related to procedures for consideration of grant or contract application.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9471 to 9473 (THE PUBLIC HEALTH AND WELFARE)
§§ 9471 to 9473. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section 9471, Pub. L. 96–398, title III, § 315, Oct. 7, 1980, 94 Stat. 1595, related to performance contracts.
text: Section 9472, Pub. L. 96–398, title III, § 316, Oct. 7, 1980, 94 Stat. 1595, related to performance standards.
text: Section 9473, Pub. L. 96–398, title III, § 317, Oct. 7, 1980, 94 Stat. 1595, related to evaluation and monitoring of projects and activities.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9481 (THE PUBLIC HEALTH AND WELFARE)
§ 9481. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section, Pub. L. 96–398, title III, § 321, Oct. 7, 1980, 94 Stat. 1596, set forth enforcement procedures.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9491 to 9493 (THE PUBLIC HEALTH AND WELFARE)
§§ 9491 to 9493. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section 9491, Pub. L. 96–398, title III, § 326, Oct. 7, 1980, 94 Stat. 1597, related to provision of technical assistance.
text: Section 9492, Pub. L. 96–398, title III, § 327, Oct. 7, 1980, 94 Stat. 1597, related to indirect provision of services.
text: Section 9493, Pub. L. 96–398, title III, § 328, Oct. 7, 1980, 94 Stat. 1597, related to cooperative agreements.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9502 (THE PUBLIC HEALTH AND WELFARE)
§ 9502. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section, Pub. L. 96–398, title V, § 502, Oct. 7, 1980, 94 Stat. 1601, related to grants for protection and advocacy programs.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9512 (THE PUBLIC HEALTH AND WELFARE)
§ 9512. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section, Pub. L. 96–398, title VI, § 602, Oct. 7, 1980, 94 Stat. 1604, related to grants for services for rape victims.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9521 (THE PUBLIC HEALTH AND WELFARE)
§ 9521. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section, Pub. L. 96–398, title VIII, § 801, Oct. 7, 1980, 94 Stat. 1605, related to employee protection arrangements.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9523 (THE PUBLIC HEALTH AND WELFARE)
§ 9523. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560
text: Section, Pub. L. 96–398, title VIII, § 806, Oct. 7, 1980, 94 Stat. 1609, related to contracting authority.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
42 U.S.C. § 9602 (THE PUBLIC HEALTH AND WELFARE)
§ 9602. Designation of additional hazardous substances and establishment of reportable released quantities; regulations
(a) The Administrator shall promulgate and revise as may be appropriate, regulations designating as hazardous substances, in addition to those referred to in section 9601(14) of this title, such elements, compounds, mixtures, solutions, and substances which, when released into the environment may present substantial danger to the public health or welfare or the environment, and shall promulgate regulations establishing that quantity of any hazardous substance the release of which shall be reported pursuant to section 9603 of this title. The Administrator may determine that one single quantity shall be the reportable quantity for any hazardous substance, regardless of the medium into which the hazardous substance is released. For all hazardous substances for which proposed regulations establishing reportable quantities were published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall promulgate under this subsection final regulations establishing reportable quantities not later than December 31, 1986. For all hazardous substances for which proposed regulations establishing reportable quantities were not published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall publish under this subsection proposed regulations establishing reportable quantities not later than December 31, 1986, and promulgate final regulations under this subsection establishing reportable quantities not later than April 30, 1988.”
(b) Unless and until superseded by regulations establishing a reportable quantity under subsection (a) of this section for any hazardous substance as defined in section 9601(14) of this title, (1) a quantity of one pound, or (2) for those hazardous substances for which reportable quantities have been established pursuant to section 1321(b)(4) of title 33, such reportable quantity, shall be deemed that quantity, the release of which requires notification pursuant to section 9603(a) or (b) of this title.
(Pub. L. 96–510, title I, § 102, Dec. 11, 1980, 94 Stat. 2772; Pub. L. 99–499, title I, § 102, Oct. 17, 1986, 100 Stat. 1617.)
heading: Amendments
text: 1986—Subsec. (a). Pub. L. 99–499 inserted provisions setting deadlines for promulgation of proposed and final regulations.
42 U.S.C. § 9618 (THE PUBLIC HEALTH AND WELFARE)
§ 9618. High priority for drinking water supplies
For purposes of taking action under section 9604 or 9606 of this title and listing facilities on the National Priorities List, the President shall give a high priority to facilities where the release of hazardous substances or pollutants or contaminants has resulted in the closing of drinking water wells or has contaminated a principal drinking water supply.
(Pub. L. 96–510, title I, § 118, as added Pub. L. 99–499, title I, § 118(a), Oct. 17, 1986, 100 Stat. 1655.)
42 U.S.C. § 9623 (THE PUBLIC HEALTH AND WELFARE)
§ 9623. Reimbursement to local governments
(a) Application
Any general purpose unit of local government for a political subdivision which is affected by a release or threatened release at any facility may apply to the President for reimbursement under this section.
(b) Reimbursement
(1) Temporary emergency measures
The President is authorized to reimburse local community authorities for expenses incurred (before or after October 17, 1986) in carrying out temporary emergency measures necessary to prevent or mitigate injury to human health or the environment associated with the release or threatened release of any hazardous substance or pollutant or contaminant. Such measures may include, where appropriate, security fencing to limit access, response to fires and explosions, and other measures which require immediate response at the local level.
(2) Local funds not supplanted
Reimbursement under this section shall not supplant local funds normally provided for response.
(c) Amount
The amount of any reimbursement to any local authority under subsection (b)(1) of this section 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 units of local government having jurisdiction over the political subdivision in which the facility is located.
(d) Procedure
Reimbursements authorized pursuant to this section shall be in accordance with rules promulgated by the Administrator within one year after October 17, 1986.
(Pub. L. 96–510, title I, § 123, as added Pub. L. 99–499, title I, § 123(a), Oct. 17, 1986, 100 Stat. 1688.)
42 U.S.C. § 9624 (THE PUBLIC HEALTH AND WELFARE)
§ 9624. Methane recovery
(a) In general
In the case of a facility at which equipment for the recovery or processing (including recirculation of condensate) of methane has been installed, for purposes of this chapter:
(1) The owner or operator of such equipment shall not be considered an “owner or operator”, as defined in section 9601(20) of this title, with respect to such facility.
(2) The owner or operator of such equipment shall not be considered to have arranged for disposal or treatment of any hazardous substance at such facility pursuant to section 9607 of this title.
(3) The owner or operator of such equipment shall not be subject to any action under section 9606 of this title with respect to such facility.
(b) Exceptions
Subsection (a) of this section does not apply with respect to a release or threatened release of a hazardous substance from a facility described in subsection (a) of this section if either of the following circumstances exist:
(1) The release or threatened release was primarily caused by activities of the owner or operator of the equipment described in subsection (a) of this section.
(2) The owner or operator of such equipment would be covered by paragraph (1), (2), (3), or (4) of subsection (a) of section 9607 of this title with respect to such release or threatened release if he were not the owner or operator of such equipment.
In the case of any release or threatened release referred to in paragraph (1), the owner or operator of the equipment described in subsection (a) of this section shall be liable under this chapter only for costs or damages primarily caused by the activities of such owner or operator.
(Pub. L. 96–510, title I, § 124, as added Pub. L. 99–499, title I, § 124(a), Oct. 17, 1986, 100 Stat. 1688.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.
42 U.S.C. § 9625 (THE PUBLIC HEALTH AND WELFARE)
§ 9625. Section 6921(b)(3)(A)(i) waste
(a) Revision of hazard ranking system
This section shall apply only to facilities which are not included or proposed for inclusion on the National Priorities List and which contain substantial volumes of waste described in section 6921(b)(3)(A)(i) of this title. As expeditiously as practicable, the President shall revise the hazard ranking system in effect under the National Contingency Plan with respect to such facilities in a manner which assures appropriate consideration of each of the following site-specific characteristics of such facilities:
(1) The quantity, toxicity, and concentrations of hazardous constituents which are present in such waste and a comparison thereof with other wastes.
(2) The extent of, and potential for, release of such hazardous constituents into the environment.
(3) The degree of risk to human health and the environment posed by such constituents.
(b) Inclusion prohibited
Until the hazard ranking system is revised as required by this section, the President may not include on the National Priorities List any facility which contains substantial volumes of waste described in section 6921(b)(3)(A)(i) of this title on the basis of an evaluation made principally on the volume of such waste and not on the concentrations of the hazardous constituents of such waste. Nothing in this section shall be construed to affect the President’s authority to include any such facility on the National Priorities List based on the presence of other substances at such facility or to exercise any other authority of this chapter with respect to such other substances.
(Pub. L. 96–510, title I, § 125, as added Pub. L. 99–499, title I, § 125, Oct. 17, 1986, 100 Stat. 1689.)
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.
42 U.S.C. § 9626 (THE PUBLIC HEALTH AND WELFARE)
§ 9626. Indian tribes
(a) Treatment generally
The governing body of an Indian tribe shall be afforded substantially the same treatment as a State with respect to the provisions of section 9603(a) of this title (regarding notification of releases), section 9604(c)(2) of this title (regarding consultation on remedial actions), section 9604(e) of this title (regarding access to information), section 9604(i) of this title (regarding health authorities) and section 9605 of this title (regarding roles and responsibilities under the national contingency plan and submittal of priorities for remedial action, but not including the provision regarding the inclusion of at least one facility per State on the National Priorities List).
(b) Community relocation
Should the President determine that proper remedial action is the permanent relocation of tribal members away from a contaminated site because it is cost effective and necessary to protect their health and welfare, such finding must be concurred in by the affected tribal government before relocation shall occur. The President, in cooperation with the Secretary of the Interior, shall also assure that all benefits of the relocation program are provided to the affected tribe and that alternative land of equivalent value is available and satisfactory to the tribe. Any lands acquired for relocation of tribal members shall be held in trust by the United States for the benefit of the tribe.
(c) Study
The President shall conduct a survey, in consultation with the Indian tribes, to determine the extent of hazardous waste sites on Indian lands. Such survey shall be included within a report which shall make recommendations on the program needs of tribes under this chapter, with particular emphasis on how tribal participation in the administration of such programs can be maximized. Such report shall be submitted to Congress along with the President’s budget request for fiscal year 1988.
(d) Limitation
Notwithstanding any other provision of this chapter, no action under this chapter by an Indian tribe shall be barred until the later of the following:
(1) The applicable period of limitations has expired.
(2) 2 years after the United States, in its capacity as trustee for the tribe, gives written notice to the governing body of the tribe that it will not present a claim or commence an action on behalf of the tribe or fails to present a claim or commence an action within the time limitations specified in this chapter.
(Pub. L. 96–510, title I, § 126, as added Pub. L. 99–499, title II, § 207(e), Oct. 17, 1986, 100 Stat. 1706.)
heading: References in Text
text: This chapter, referred to in subsecs. (c) and (d), was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.
42 U.S.C. § 9631 to 9633 (THE PUBLIC HEALTH AND WELFARE)
§§ 9631 to 9633. Repealed. Pub. L. 99–499, title V, § 517(c)(1), Oct. 17, 1986, 100 Stat. 1774
text: Section 9631, Pub. L. 96–510, title II, § 221, Dec. 11, 1980, 94 Stat. 2801; Pub. L. 99–499, title II, § 204, Oct. 17, 1986, 100 Stat. 1696, provided for establishment of a Hazardous Substances Superfund, so redesignated by section 204 of Pub. L. 99–499. See section 9507 of Title 26, Internal Revenue Code.
text: Section 9632, Pub. L. 96–510, title II, § 222, Dec. 11, 1980, 94 Stat. 2802, limited liability of United States to amount in Trust Fund.
text: Section 9633, Pub. L. 96–510, title II, § 223, Dec. 11, 1980, 94 Stat. 2802, contained administrative provisions.
heading: Effective Date of Repeal
text: Repeal by Pub. L. 99–499 effective Jan. 1, 1987, see section 517(e) of Pub. L. 99–499, set out as an Effective Date note under section 9507 of Title 26, Internal Revenue Code.