text:
United States Code/Title 42/Chapter 103/Section 9604

§ 9604. Response authorities CERCLA § 104

(a) Removal and other remedial action by President; applicability of national contingency plan; response by potentially responsible parties; public health threats; limitations on response; exception

 * (1) Whenever
 * (A) any hazardous substance is released or there is a substantial threat of such a release into the environment, or
 * (B) there is a release or substantial threat of release into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare, the President is authorized to act, consistent with the national contingency plan, to remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource), or take any other response measure consistent with the national contingency plan which the President deems necessary to protect the public health or welfare or the environment. When the President determines that such action will be done properly and promptly by the owner or operator of the facility or vessel or by any other responsible party, the President may allow such person to carry out the action, conduct the remedial investigation, or conduct the feasibility study in accordance with section 9622 of this title. No remedial investigation or feasibility study (RI/FS) shall be authorized except on a determination by the President that the party is qualified to conduct the RI/FS and only if the President contracts with or arranges for a qualified person to assist the President in overseeing and reviewing the conduct of such RI/FS and if the responsible party agrees to reimburse the Fund for any cost incurred by the President under, or in connection with, the oversight contract or arrangement. In no event shall a potentially responsible party be subject to a lesser standard of liability, receive preferential treatment, or in any other way, whether direct or indirect, benefit from any such arrangements as a response action contractor, or as a person hired or retained by such a response action contractor, with respect to the release or facility in question. The President shall give primary attention to those releases which the President deems may present a public health threat.
 * (2) Removal Action.— Any removal action undertaken by the President under this subsection (or by any other person referred to in section 9622 of this title) should, to the extent the President deems practicable, contribute to the efficient performance of any long term remedial action with respect to the release or threatened release concerned.
 * (3) Limitations on Response.— The President shall not provide for a removal or remedial action under this section in response to a release or threat of release—
 * (A) of a naturally occurring substance in its unaltered form, or altered solely through naturally occurring processes or phenomena, from a location where it is naturally found;
 * (B) from products which are part of the structure of, and result in exposure within, residential buildings or business or community structures; or
 * (C) into public or private drinking water supplies due to deterioration of the system through ordinary use.
 * (4) Exception to Limitations.— Notwithstanding paragraph (3) of this subsection, to the extent authorized by this section, the President may respond to any release or threat of release if in the President’s discretion, it constitutes a public health or environmental emergency and no other person with the authority and capability to respond to the emergency will do so in a timely manner.

(b) Investigations, monitoring, coordination, etc., by President

 * (1) Information; studies and investigations
 * Whenever the President is authorized to act pursuant to subsection (a) of this section, or whenever the President has reason to believe that a release has occurred or is about to occur, or that illness, disease, or complaints thereof may be attributable to exposure to a hazardous substance, pollutant, or contaminant and that a release may have occurred or be occurring, he may undertake such investigations, monitoring, surveys, testing, and other information gathering as he may deem necessary or appropriate to identify the existence and extent of the release or threat thereof, the source and nature of the hazardous substances, pollutants or contaminants involved, and the extent of danger to the public health or welfare or to the environment. In addition, the President may undertake such planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations as he may deem necessary or appropriate to plan and direct response actions, to recover the costs thereof, and to enforce the provisions of this chapter.
 * (2) Coordination of investigations
 * The President shall promptly notify the appropriate Federal and State natural resource trustees of potential damages to natural resources resulting from releases under investigation pursuant to this section and shall seek to coordinate the assessments, investigations, and planning under this section with such Federal and State trustees.

==(c) Criteria for continuance of obligations from Fund over specified amount for response actions; consultation by President with affected States; contracts or cooperative agreements by States with President prior to remedial actions; cost-sharing agreements; selection by President of remedial actions; State credits: granting of credit, expenses before listing or agreement, response actions between 1978 and 1980, State expenses after December 11, 1980, in excess of 10 percent of costs, item-by-item approval, use of credits; operation and maintenance; limitation on source of funds for O&M; recontracting; siting==
 * (1) Unless
 * (A) the President finds that
 * (i) continued 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 environment, and
 * (iii) such assistance will not otherwise be provided on a timely basis, or
 * (B) the President has determined the appropriate remedial actions pursuant to paragraph (2) of this subsection and the State or States in which the source of the release is located have complied with the requirements of paragraph (3) of this subsection, or
 * (C) continued response action is otherwise appropriate and consistent with the remedial action to be taken [1] obligations from the Fund, other than those authorized by subsection (b) of this section, shall not continue after $2,000,000 has been obligated for response actions or 12 months has elapsed from the date of initial response to a release or threatened release of hazardous substances.
 * (2) The President shall consult with the affected State or States before determining any appropriate remedial action to be taken pursuant to the authority granted under subsection (a) of this section.
 * (3) The President shall not provide any remedial actions pursuant to this section unless the State in which the release occurs first enters into a contract or cooperative agreement with the President providing assurances deemed adequate by the President that
 * (A) the State will assure all future maintenance of the removal and remedial actions provided for the expected life of such actions as determined by the President;
 * (B) the State will assure the availability of a hazardous waste disposal facility acceptable to the President and in compliance with the requirements of subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] for any necessary offsite storage, destruction, treatment, or secure disposition of the hazardous substances; and
 * (C) the State will pay or assure payment of
 * (i) 10 per centum of the costs of the remedial action, including all future maintenance, or
 * (ii) 50 percent (or such greater amount as the President may determine appropriate, taking into account the degree of responsibility of the State or political subdivision for the release) of any sums expended in response to a release at a facility, that was operated by the State or a political subdivision thereof, either directly or through a contractual relationship or otherwise, at the time of any disposal of hazardous substances therein. For the purpose of clause (ii) of this subparagraph, the term “facility” does not include navigable waters or the beds underlying those waters. In the case of remedial action to be taken on land or water held by an Indian tribe, held by the United States in trust for Indians, held by a member of an Indian tribe (if such land or water is subject to a trust restriction on alienation), or otherwise within the borders of an Indian reservation, the requirements of this paragraph for assurances regarding future maintenance and cost-sharing shall not apply, and the President shall provide the assurance required by this paragraph regarding the availability of a hazardous waste disposal facility.
 * (4) Selection of Remedial Action.— The President shall select remedial actions to carry out this section in accordance with section 9621 of this title (relating to cleanup standards).
 * (5) State Credits.—
 * (A) Granting of credit.— The President shall grant a State a credit against the share of the costs, for which it is responsible under paragraph (3) with respect to a facility listed on the National Priorities List under the National Contingency Plan, for amounts expended by a State for remedial action at such facility pursuant to a contract or cooperative agreement with the President. The credit under this paragraph shall be limited to those State expenses which the President determines to be reasonable, documented, direct out-of-pocket expenditures of non-Federal funds.
 * (B) Expenses before listing or agreement.— The credit under this paragraph shall include expenses for remedial action at a facility incurred before the listing of the facility on the National Priorities List or before a contract or cooperative agreement is entered into under subsection (d) of this section for the facility if—
 * (i) after such expenses are incurred the facility is listed on such list and a contract or cooperative agreement is entered into for the facility, and
 * (ii) the President determines that such expenses would have been credited to the State under subparagraph (A) had the expenditures been made after listing of the facility on such list and after the date on which such contract or cooperative agreement is entered into.
 * (C) Response actions between 1978 and 1980.— The credit under this paragraph shall include funds expended or obligated by the State or a political subdivision thereof after January 1, 1978, and before December 11, 1980, for cost-eligible response actions and claims for damages compensable under section 9611 of this title.
 * (D) State expenses after december 11, 1980, in excess of 10 percent of costs.— The credit under this paragraph shall include 90 percent of State expenses incurred at a facility owned, but not operated, by such State or by a political subdivision thereof. Such credit applies only to expenses incurred pursuant to a contract or cooperative agreement under subsection (d) of this section and only to expenses incurred after December 11, 1980, but before October 17, 1986.
 * (E) Item-by-item approval.— In the case of expenditures made after October 17, 1986, the President may require prior approval of each item of expenditure as a condition of granting a credit under this paragraph.
 * (F) Use of credits.— Credits granted under this paragraph for funds expended with respect to a facility may be used by the State to reduce all or part of the share of costs otherwise required to be paid by the State under paragraph (3) in connection with remedial actions at such facility. If the amount of funds for which credit is allowed under this paragraph exceeds such share of costs for such facility, the State may use the amount of such excess to reduce all or part of the share of such costs at other facilities in that State. A credit shall not entitle the State to any direct payment.
 * (6) Operation and Maintenance.— For the purposes of paragraph (3) of this subsection, in the case of ground or surface water contamination, completed remedial action includes the completion of treatment or other measures, whether taken onsite or offsite, necessary to restore ground and surface water quality to a level that assures protection of human health and the environment. With respect to such measures, the operation of such measures for a period of up to 10 years after the construction or installation and commencement of operation shall be considered remedial action. Activities required to maintain the effectiveness of such measures following such period or the completion of remedial action, whichever is earlier, shall be considered operation or maintenance.
 * (7) Limitation on Source of Funds for O&M.—During any period after the availability of funds received by the Hazardous Substance Superfund established under subchapter A of chapter 98 of title 26 from tax revenues or appropriations from general revenues, the Federal share of the payment of the cost of operation or maintenance pursuant to paragraph (3)(C)(i) or paragraph (6) of this subsection (relating to operation and maintenance) shall be from funds received by the Hazardous Substance Superfund from amounts recovered on behalf of such fund under this chapter.
 * (8) Recontracting.— The President is authorized to undertake or continue whatever interim remedial actions the President determines to be appropriate to reduce risks to public health or the environment where the performance of a complete remedial action requires recontracting because of the discovery of sources, types, or quantities of hazardous substances not known at the time of entry into the original contract. The total cost of interim actions undertaken at a facility pursuant to this paragraph shall not exceed $2,000,000.
 * (9) Siting.— Effective 3 years after October 17, 1986, the President shall not provide any remedial actions pursuant to this section unless the State in which the release occurs first enters into a contract or cooperative agreement with the President providing assurances deemed adequate by the President that the State will assure the availability of hazardous waste treatment or disposal facilities which—
 * (A) have adequate capacity for the destruction, treatment, or secure disposition of all hazardous wastes that are reasonably expected to be generated within the State during the 20-year period following the date of such contract or cooperative agreement and to be disposed of, treated, or destroyed,
 * (B) are within the State or outside the State in accordance with an interstate agreement or regional agreement or authority,
 * (C) are acceptable to the President, and
 * (D) are in compliance with the requirements of subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.].

==(d) Contracts or cooperative agreements by President with States or political subdivisions or Indian tribes; State applications, terms and conditions; reimbursements; cost-sharing provisions; enforcement requirements and procedures==
 * (1) Cooperative Agreements.—
 * (A) State applications.— A State or political subdivision thereof or Indian tribe may apply to the President to carry out actions authorized in this section. If the President determines that the State or political subdivision or Indian tribe has the capability to carry out any or all of such actions in accordance with the criteria and priorities established pursuant to section 9605 (a)(8) of this title and to carry out related enforcement actions, the President may enter into a contract or cooperative agreement with the State or political subdivision or Indian tribe to carry out such actions. The President shall make a determination regarding such an application within 90 days after the President receives the application.
 * (B) Terms and conditions.— A contract or cooperative agreement under this paragraph shall be subject to such terms and conditions as the President may prescribe. The contract or cooperative agreement may cover a specific facility or specific facilities.
 * (C) Reimbursements.— Any State which expended funds during the period beginning September 30, 1985, and ending on October 17, 1986, for response actions at any site included on the National Priorities List and subject to a cooperative agreement under this chapter shall be reimbursed for the share of costs of such actions for which the Federal Government is responsible under this chapter.
 * (2) If the President enters into a cost-sharing agreement pursuant to subsection (c) of this section or a contract or cooperative agreement pursuant to this subsection, and the State or political subdivision thereof fails to comply with any requirements of the contract, the President may, after providing sixty days notice, seek in the appropriate Federal district court to enforce the contract or to recover any funds advanced or any costs incurred because of the breach of the contract by the State or political subdivision.
 * (3) Where a State or a political subdivision thereof is acting in behalf of the President, the President is authorized to provide technical and legal assistance in the administration and enforcement of any contract or subcontract in connection with response actions assisted under this subchapter, and to intervene in any civil action involving the enforcement of such contract or subcontract.
 * (4) Where two or more noncontiguous facilities are reasonably related on the basis of geography, or on the basis of the threat, or potential threat to the public health or welfare or the environment, the President may, in his discretion, treat these related facilities as one for purposes of this section.

(e) Information gathering and access

 * (1) Action authorized
 * Any officer, employee, or representative of the President, duly designated by the President, is authorized to take action under paragraph (2), (3), or (4) (or any combination thereof) at a vessel, facility, establishment, place, property, or location or, in the case of paragraph (3) or (4), at any vessel, facility, establishment, place, property, or location which is adjacent to the vessel, facility, establishment, place, property, or location referred to in such paragraph (3) or (4). Any duly designated officer, employee, or representative of a State or political subdivision under a contract or cooperative agreement under subsection (d)(1) of this section is also authorized to take such action. The authority of paragraphs (3) and (4) may be exercised only if there is a reasonable basis to believe there may be a release or threat of release of a hazardous substance or pollutant or contaminant. The authority of this subsection may be exercised only for the purposes of determining the need for response, or choosing or taking any response action under this subchapter, or otherwise enforcing the provisions of this subchapter.
 * (2) Access to information
 * Any officer, employee, or representative described in paragraph (1) may require any person who has or may have information relevant to any of the following to furnish, upon reasonable notice, information or documents relating to such matter:
 * (A) The identification, nature, and quantity of materials which have been or are generated, treated, stored, or disposed of at a vessel or facility or transported to a vessel or facility.
 * (B) The nature or extent of a release or threatened release of a hazardous substance or pollutant or contaminant at or from a vessel or facility.
 * (C) Information relating to the ability of a person to pay for or to perform a cleanup.
 * In addition, upon reasonable notice, such person either (i) shall grant any such officer, employee, or representative access at all reasonable times to any vessel, facility, establishment, place, property, or location to inspect and copy all documents or records relating to such matters or (ii) shall copy and furnish to the officer, employee, or representative all such documents or records, at the option and expense of such person.
 * (3) Entry
 * Any officer, employee, or representative described in paragraph (1) is authorized to enter at reasonable times any of the following:
 * (A) Any vessel, facility, establishment, or other place or property where any hazardous substance or pollutant or contaminant may be or has been generated, stored, treated, disposed of, or transported from.
 * (B) Any vessel, facility, establishment, or other place or property from which or to which a hazardous substance or pollutant or contaminant has been or may have been released.
 * (C) Any vessel, facility, establishment, or other place or property where such release is or may be threatened.
 * (D) Any vessel, facility, establishment, or other place or property where entry is needed to determine the need for response or the appropriate response or to effectuate a response action under this subchapter.
 * (4) Inspection and samples
 * (A) Authority
 * Any officer, employee or representative described in paragraph (1) is authorized to inspect and obtain samples from any vessel, facility, establishment, or other place or property referred to in paragraph (3) or from any location of any suspected hazardous substance or pollutant or contaminant. Any such officer, employee, or representative is authorized to inspect and obtain samples of any containers or labeling for suspected hazardous substances or pollutants or contaminants. Each such inspection shall be completed with reasonable promptness.
 * (B) Samples
 * If the officer, employee, or representative obtains any samples, before leaving the premises he shall give to the owner, operator, tenant, or other person in charge of the place from which the samples were obtained a receipt describing the sample obtained and, if requested, a portion of each such sample. A copy of the results of any analysis made of such samples shall be furnished promptly to the owner, operator, tenant, or other person in charge, if such person can be located.
 * (5) Compliance orders
 * (A) Issuance
 * If consent is not granted regarding any request made by an officer, employee, or representative under paragraph (2), (3), or (4), the President may issue an order directing compliance with the request. The order may be issued after such notice and opportunity for consultation as is reasonably appropriate under the circumstances.
 * (B) Compliance
 * The President may ask the Attorney General to commence a civil action to compel compliance with a request or order referred to in subparagraph (A). Where there is a reasonable basis to believe there may be a release or threat of a release of a hazardous substance or pollutant or contaminant, the court shall take the following actions:
 * (i) In the case of interference with entry or inspection, the court shall enjoin such interference or direct compliance with orders to prohibit interference with entry or inspection unless under the circumstances of the case the demand for entry or inspection is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.
 * (ii) In the case of information or document requests or orders, the court shall enjoin interference with such information or document requests or orders or direct compliance with the requests or orders to provide such information or documents unless under the circumstances of the case the demand for information or documents is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.
 * The court may assess a civil penalty not to exceed $25,000 for each day of noncompliance against any person who unreasonably fails to comply with the provisions of paragraph (2), (3), or (4) or an order issued pursuant to subparagraph (A) of this paragraph.
 * (6) Other authority
 * Nothing in this subsection shall preclude the President from securing access or obtaining information in any other lawful manner.
 * (7) Confidentiality of information
 * (A) Any records, reports, or information obtained from any person under this section (including records, reports, or information obtained by representatives of the President) shall be available to the public, except that upon a showing satisfactory to the President (or the State, as the case may be) by any person that records, reports, or information, or particular part thereof (other than health or safety effects data), to which the President (or the State, as the case may be) or any officer, employee, or representative has access under this section if made public would divulge information entitled to protection under section 1905 of title 18, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that section, except that such record, report, document or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, or when relevant in any proceeding under this chapter.
 * (B) Any person not subject to the provisions of section 1905 of title 18 who knowingly and willfully divulges or discloses any information entitled to protection under this subsection shall, upon conviction, be subject to a fine of not more than $5,000 or to imprisonment not to exceed one year, or both.
 * (C) In submitting data under this chapter, a person required to provide such data may
 * (i) designate the data which such person believes is entitled to protection under this subsection and
 * (ii) submit such designated data separately from other data submitted under this chapter. A designation under this paragraph shall be made in writing and in such manner as the President may prescribe by regulation.
 * (D) Notwithstanding any limitation contained in this section or any other provision of law, all information reported to or otherwise obtained by the President (or any representative of the President) under this chapter shall be made available, upon written request of any duly authorized committee of the Congress, to such committee.
 * (E) No person required to provide information under this chapter may claim that the information is entitled to protection under this paragraph unless such person shows each of the following:
 * (i) Such person has not disclosed the information to any other person, other than a member of a local emergency planning committee established under title III of the Amendments and Reauthorization Act of 1986 [42 U.S.C. 11001 et seq.], an officer or employee of the United States or a State or local government, an employee of such person, or a person who is bound by a confidentiality agreement, and such person has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures.
 * (ii) The information is not required to be disclosed, or otherwise made available, to the public under any other Federal or State law.
 * (iii) Disclosure of the information is likely to cause substantial harm to the competitive position of such person.
 * (iv) The specific chemical identity, if sought to be protected, is not readily discoverable through reverse engineering.
 * (F) The following information with respect to any hazardous substance at the facility or vessel shall not be entitled to protection under this paragraph:
 * (i) The trade name, common name, or generic class or category of the hazardous substance.
 * (ii) The physical properties of the substance, including its boiling point, melting point, flash point, specific gravity, vapor density, solubility in water, and vapor pressure at 20 degrees celsius.
 * (iii) The hazards to health and the environment posed by the substance, including physical hazards (such as explosion) and potential acute and chronic health hazards.
 * (iv) The potential routes of human exposure to the substance at the facility, establishment, place, or property being investigated, entered, or inspected under this subsection.
 * (v) The location of disposal of any waste stream.
 * (vi) Any monitoring data or analysis of monitoring data pertaining to disposal activities.
 * (vii) Any hydrogeologic or geologic data.

(viii) Any groundwater monitoring data.

(f) Contracts for response actions; compliance with Federal health and safety standards
In awarding contracts to any person engaged in response actions, the President or the State, in any case where it is awarding contracts pursuant to a contract entered into under subsection (d) of this section, shall require compliance with Federal health and safety standards established under section 9651 (f) of this title by contractors and subcontractors as a condition of such contracts.

(g) Rates for wages and labor standards applicable to covered work

 * (1) All laborers and mechanics employed by contractors or subcontractors in the performance of construction, repair, or alteration work funded in whole or in part under this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The President shall not approve any such funding without first obtaining adequate assurance that required labor standards will be maintained upon the construction work.
 * (2) The Secretary of Labor shall have, with respect to the labor standards specified in paragraph (1), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 3145 of title 40.

(h) Emergency procurement powers; exercise by President
Notwithstanding any other provision of law, subject to the provisions of section 9611 of this title, the President may authorize the use of such emergency procurement powers as he deems necessary to effect the purpose of this chapter. Upon determination that such procedures are necessary, the President shall promulgate regulations prescribing the circumstances under which such authority shall be used and the procedures governing the use of such authority.

(i) Agency for Toxic Substances and Disease Registry; establishment, functions, etc.

 * (1) There is hereby established within the Public Health Service an agency, to be known as the Agency for Toxic Substances and Disease Registry, which shall report directly to the Surgeon General of the United States. The Administrator of said Agency shall, with the cooperation of the Administrator of the Environmental Protection Agency, the Commissioner of the Food and Drug Administration, the Directors of the National Institute of Medicine, National Institute of Environmental Health Sciences, National Institute of Occupational Safety and Health, Centers for Disease Control and Prevention, the Administrator of the Occupational Safety and Health Administration, the Administrator of the Social Security Administration, the Secretary of Transportation, and appropriate State and local health officials, effectuate and implement the health related authorities of this chapter. In addition, said Administrator shall—
 * (A) in cooperation with the States, establish and maintain a national registry of serious diseases and illnesses and a national registry of persons exposed to toxic substances;
 * (B) establish and maintain inventory of literature, research, and studies on the health effects of toxic substances;
 * (C) in cooperation with the States, and other agencies of the Federal Government, establish and maintain a complete listing of areas closed to the public or otherwise restricted in use because of toxic substance contamination;
 * (D) in cases of public health emergencies caused or believed to be caused by exposure to toxic substances, provide medical care and testing to exposed individuals, including but not limited to tissue sampling, chromosomal testing where appropriate, epidemiological studies, or any other assistance appropriate under the circumstances; and
 * (E) either independently or as part of other health status survey, conduct periodic survey and screening programs to determine relationships between exposure to toxic substances and illness. In cases of public health emergencies, exposed persons shall be eligible for admission to hospitals and other facilities and services operated or provided by the Public Health Service.
 * (2)
 * (A) Within 6 months after October 17, 1986, the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) and the Administrator of the Environmental Protection Agency (“EPA”) shall prepare a list, in order of priority, of at least 100 hazardous substances which are most commonly found at facilities on the National Priorities List and which, in their sole discretion, they determine are posing the most significant potential threat to human health due to their known or suspected toxicity to humans and the potential for human exposure to such substances at facilities on the National Priorities List or at facilities to which a response to a release or a threatened release under this section is under consideration.
 * (B) Within 24 months after October 17, 1986, the Administrator of ATSDR and the Administrator of EPA shall revise the list prepared under subparagraph (A). Such revision shall include, in order of priority, the addition of 100 or more such hazardous substances. In each of the 3 consecutive 12-month periods that follow, the Administrator of ATSDR and the Administrator of EPA shall revise, in the same manner as provided in the 2 preceding sentences, such list to include not fewer than 25 additional hazardous substances per revision. The Administrator of ATSDR and the Administrator of EPA shall not less often than once every year thereafter revise such list to include additional hazardous substances in accordance with the criteria in subparagraph (A).
 * (3) Based on all available information, including information maintained under paragraph (1)(B) and data developed and collected on the health effects of hazardous substances under this paragraph, the Administrator of ATSDR shall prepare toxicological profiles of each of the substances listed pursuant to paragraph (2). The toxicological profiles shall be prepared in accordance with guidelines developed by the Administrator of ATSDR and the Administrator of EPA. Such profiles shall include, but not be limited to each of the following:
 * (A) An examination, summary, and interpretation of available toxicological information and epidemiologic evaluations on a hazardous substance in order to ascertain the levels of significant human exposure for the substance and the associated acute, subacute, and chronic health effects.
 * (B) A determination of whether adequate information on the health effects of each substance is available or in the process of development to determine levels of exposure which present a significant risk to human health of acute, subacute, and chronic health effects.
 * (C) Where appropriate, an identification of toxicological testing needed to identify the types or levels of exposure that may present significant risk of adverse health effects in humans.
 * Any toxicological profile or revision thereof shall reflect the Administrator of ATSDR’s assessment of all relevant toxicological testing which has been peer reviewed. The profiles required to be prepared under this paragraph for those hazardous substances listed under subparagraph (A) of paragraph (2) shall be completed, at a rate of no fewer than 25 per year, within 4 years after October 17, 1986. A profile required on a substance listed pursuant to subparagraph (B) of paragraph (2) shall be completed within 3 years after addition to the list. The profiles prepared under this paragraph shall be of those substances highest on the list of priorities under paragraph (2) for which profiles have not previously been prepared. Profiles required under this paragraph shall be revised and republished as necessary, but no less often than once every 3 years. Such profiles shall be provided to the States and made available to other interested parties.
 * (4) The Administrator of the ATSDR shall provide consultations upon request on health issues relating to exposure to hazardous or toxic substances, on the basis of available information, to the Administrator of EPA, State officials, and local officials. Such consultations to individuals may be provided by States under cooperative agreements established under this chapter.
 * (5)
 * (A) For each hazardous substance listed pursuant to paragraph (2), the Administrator of ATSDR (in consultation with the Administrator of EPA and other agencies and programs of the Public Health Service) shall assess whether adequate information on the health effects of such substance is available. For any such substance for which adequate information is not available (or under development), the Administrator of ATSDR, in cooperation with the Director of the National Toxicology Program, shall assure the initiation of a program of research designed to determine the health effects (and techniques for development of methods to determine such health effects) of such substance. Where feasible, such program shall seek to develop methods to determine the health effects of such substance in combination with other substances with which it is commonly found. Before assuring the initiation of such program, the Administrator of ATSDR shall consider recommendations of the Interagency Testing Committee established under section 4(e) of the Toxic Substances Control Act [15 U.S.C. 2603 (e)] on the types of research that should be done. Such program shall include, to the extent necessary to supplement existing information, but shall not be limited to—
 * (i) laboratory and other studies to determine short, intermediate, and long-term health effects;
 * (ii) laboratory and other studies to determine organ-specific, site-specific, and system-specific acute and chronic toxicity;
 * (iii) laboratory and other studies to determine the manner in which such substances are metabolized or to otherwise develop an understanding of the biokinetics of such substances; and
 * (iv) where there is a possibility of obtaining human data, the collection of such information.
 * (B) In assessing the need to perform laboratory and other studies, as required by subparagraph (A), the Administrator of ATSDR shall consider—
 * (i) the availability and quality of existing test data concerning the substance on the suspected health effect in question;
 * (ii) the extent to which testing already in progress will, in a timely fashion, provide data that will be adequate to support the preparation of toxicological profiles as required by paragraph (3); and
 * (iii) such other scientific and technical factors as the Administrator of ATSDR may determine are necessary for the effective implementation of this subsection.
 * (C) In the development and implementation of any research program under this paragraph, the Administrator of ATSDR and the Administrator of EPA shall coordinate such research program implemented under this paragraph with the National Toxicology Program and with programs of toxicological testing established under the Toxic Substances Control Act [15 U.S.C. 2601 et seq.] and the Federal Insecticide, Fungicide and Rodenticide Act [7 U.S.C. 136 et seq.]. The purpose of such coordination shall be to avoid duplication of effort and to assure that the hazardous substances listed pursuant to this subsection are tested thoroughly at the earliest practicable date. Where appropriate, consistent with such purpose, a research program under this paragraph may be carried out using such programs of toxicological testing.
 * (D) It is the sense of the Congress that the costs of research programs under this paragraph be borne by the manufacturers and processors of the hazardous substance in question, as required in programs of toxicological testing under the Toxic Substances Control Act [15 U.S.C. 2601 et seq.]. Within 1 year after October 17, 1986, the Administrator of EPA shall promulgate regulations which provide, where appropriate, for payment of such costs by manufacturers and processors under the Toxic Substances Control Act, and registrants under the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.], and recovery of such costs from responsible parties under this chapter.
 * (6)
 * (A) The Administrator of ATSDR shall perform a health assessment for each facility on the National Priorities List established under section 9605 of this title. Such health assessment shall be completed not later than December 10, 1988, for each facility proposed for inclusion on such list prior to October 17, 1986, or not later than one year after the date of proposal for inclusion on such list for each facility proposed for inclusion on such list after October 17, 1986.
 * (B) The Administrator of ATSDR may perform health assessments for releases or facilities where individual persons or licensed physicians provide information that individuals have been exposed to a hazardous substance, for which the probable source of such exposure is a release. In addition to other methods (formal or informal) of providing such information, such individual persons or licensed physicians may submit a petition to the Administrator of ATSDR providing such information and requesting a health assessment. If such a petition is submitted and the Administrator of ATSDR does not initiate a health assessment, the Administrator of ATSDR shall provide a written explanation of why a health assessment is not appropriate.
 * (C) In determining the priority in which to conduct health assessments under this subsection, the Administrator of ATSDR, in consultation with the Administrator of EPA, shall give priority to those facilities at which there is documented evidence of the release of hazardous substances, at which the potential risk to human health appears highest, and for which in the judgment of the Administrator of ATSDR existing health assessment data are inadequate to assess the potential risk to human health as provided in subparagraph (F). In determining the priorities for conducting health assessments under this subsection, the Administrator of ATSDR shall consider the National Priorities List schedules and the needs of the Environmental Protection Agency and other Federal agencies pursuant to schedules for remedial investigation and feasibility studies.
 * (D) Where a health assessment is done at a site on the National Priorities List, the Administrator of ATSDR shall complete such assessment promptly and, to the maximum extent practicable, before the completion of the remedial investigation and feasibility study at the facility concerned.
 * (E) Any State or political subdivision carrying out a health assessment for a facility shall report the results of the assessment to the Administrator of ATSDR and the Administrator of EPA and shall include recommendations with respect to further activities which need to be carried out under this section. The Administrator of ATSDR shall state such recommendation in any report on the results of any assessment carried out directly by the Administrator of ATSDR for such facility and shall issue periodic reports which include the results of all the assessments carried out under this subsection.
 * (F) For the purposes of this subsection and section 9611 (c)(4) of this title, the term “health assessments” shall include preliminary assessments of the potential risk to human health posed by individual sites and facilities, based on such factors as the nature and extent of contamination, the existence of potential pathways of human exposure (including ground or surface water contamination, air emissions, and food chain contamination), the size and potential susceptibility of the community within the likely pathways of exposure, the comparison of expected human exposure levels to the short-term and long-term health effects associated with identified hazardous substances and any available recommended exposure or tolerance limits for such hazardous substances, and the comparison of existing morbidity and mortality data on diseases that may be associated with the observed levels of exposure. The Administrator of ATSDR shall use appropriate data, risk assessments, risk evaluations and studies available from the Administrator of EPA.
 * (G) The purpose of health assessments under this subsection shall be to assist in determining whether actions under paragraph (11) of this subsection should be taken to reduce human exposure to hazardous substances from a facility and whether additional information on human exposure and associated health risks is needed and should be acquired by conducting epidemiological studies under paragraph (7), establishing a registry under paragraph (8), establishing a health surveillance program under paragraph (9), or through other means. In using the results of health assessments for determining additional actions to be taken under this section, the Administrator of ATSDR may consider additional information on the risks to the potentially affected population from all sources of such hazardous substances including known point or nonpoint sources other than those from the facility in question.
 * (H) At the completion of each health assessment, the Administrator of ATSDR shall provide the Administrator of EPA and each affected State with the results of such assessment, together with any recommendations for further actions under this subsection or otherwise under this chapter. In addition, if the health assessment indicates that the release or threatened release concerned may pose a serious threat to human health or the environment, the Administrator of ATSDR shall so notify the Administrator of EPA who shall promptly evaluate such release or threatened release in accordance with the hazard ranking system referred to in section 9605 (a)(8)(A) of this title to determine whether the site shall be placed on the National Priorities List or, if the site is already on the list, the Administrator of ATSDR may recommend to the Administrator of EPA that the site be accorded a higher priority.
 * (7)
 * (A) Whenever in the judgment of the Administrator of ATSDR it is appropriate on the basis of the results of a health assessment, the Administrator of ATSDR shall conduct a pilot study of health effects for selected groups of exposed individuals in order to determine the desirability of conducting full scale epidemiological or other health studies of the entire exposed population.
 * (B) Whenever in the judgment of the Administrator of ATSDR it is appropriate on the basis of the results of such pilot study or other study or health assessment, the Administrator of ATSDR shall conduct such full scale epidemiological or other health studies as may be necessary to determine the health effects on the population exposed to hazardous substances from a release or threatened release. If a significant excess of disease in a population is identified, the letter of transmittal of such study shall include an assessment of other risk factors, other than a release, that may, in the judgment of the peer review group, be associated with such disease, if such risk factors were not taken into account in the design or conduct of the study.
 * (8) In any case in which the results of a health assessment indicate a potential significant risk to human health, the Administrator of ATSDR shall consider whether the establishment of a registry of exposed persons would contribute to accomplishing the purposes of this subsection, taking into account circumstances bearing on the usefulness of such a registry, including the seriousness or unique character of identified diseases or the likelihood of population migration from the affected area.
 * (9) Where the Administrator of ATSDR has determined that there is a significant increased risk of adverse health effects in humans from exposure to hazardous substances based on the results of a health assessment conducted under paragraph (6), an epidemiologic study conducted under paragraph (7), or an exposure registry that has been established under paragraph (8), and the Administrator of ATSDR has determined that such exposure is the result of a release from a facility, the Administrator of ATSDR shall initiate a health surveillance program for such population. This program shall include but not be limited to—
 * (A) periodic medical testing where appropriate of population subgroups to screen for diseases for which the population or subgroup is at significant increased risk; and
 * (B) a mechanism to refer for treatment those individuals within such population who are screened positive for such diseases.
 * (10) Two years after October 17, 1986, and every 2 years thereafter, the Administrator of ATSDR shall prepare and submit to the Administrator of EPA and to the Congress a report on the results of the activities of ATSDR regarding—
 * (A) health assessments and pilot health effects studies conducted;
 * (B) epidemiologic studies conducted;
 * (C) hazardous substances which have been listed under paragraph (2), toxicological profiles which have been developed, and toxicologic testing which has been conducted or which is being conducted under this subsection;
 * (D) registries established under paragraph (8); and
 * (E) an overall assessment, based on the results of activities conducted by the Administrator of ATSDR, of the linkage between human exposure to individual or combinations of hazardous substances due to releases from facilities covered by this chapter or the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] and any increased incidence or prevalence of adverse health effects in humans.
 * (11) If a health assessment or other study carried out under this subsection contains a finding that the exposure concerned presents a significant risk to human health, the President shall take such steps as may be necessary to reduce such exposure and eliminate or substantially mitigate the significant risk to human health. Such steps may include the use of any authority under this chapter, including, but not limited to—
 * (A) provision of alternative water supplies, and
 * (B) permanent or temporary relocation of individuals.

In any case in which information is insufficient, in the judgment of the Administrator of ATSDR or the President to determine a significant human exposure level with respect to a hazardous substance, the President may take such steps as may be necessary to reduce the exposure of any person to such hazardous substance to such level as the President deems necessary to protect human health.
 * (12) In any case which is the subject of a petition, a health assessment or study, or a research program under this subsection, nothing in this subsection shall be construed to delay or otherwise affect or impair the authority of the President, the Administrator of ATSDR, or the Administrator of EPA to exercise any authority vested in the President, the Administrator of ATSDR or the Administrator of EPA under any other provision of law (including, but not limited to, the imminent hazard authority of section 7003 of the Solid Waste Disposal Act [42 U.S.C. 6973]) or the response and abatement authorities of this chapter.
 * (13) All studies and results of research conducted under this subsection (other than health assessments) shall be reported or adopted only after appropriate peer review. Such peer review shall be completed, to the maximum extent practicable, within a period of 60 days. In the case of research conducted under the National Toxicology Program, such peer review may be conducted by the Board of Scientific Counselors. In the case of other research, such peer review shall be conducted by panels consisting of no less than three nor more than seven members, who shall be disinterested scientific experts selected for such purpose by the Administrator of ATSDR or the Administrator of EPA, as appropriate, on the basis of their reputation for scientific objectivity and the lack of institutional ties with any person involved in the conduct of the study or research under review. Support services for such panels shall be provided by the Agency for Toxic Substances and Disease Registry, or by the Environmental Protection Agency, as appropriate.
 * (14) In the implementation of this subsection and other health-related authorities of this chapter, the Administrator of ATSDR shall assemble, develop as necessary, and distribute to the States, and upon request to medical colleges, physicians, and other health professionals, appropriate educational materials (including short courses) on the medical surveillance, screening, and methods of diagnosis and treatment of injury or disease related to exposure to hazardous substances (giving priority to those listed in paragraph (2)), through such means as the Administrator of ATSDR deems appropriate.
 * (15) The activities of the Administrator of ATSDR described in this subsection and section 9611 (c)(4) of this title shall be carried out by the Administrator of ATSDR, either directly or through cooperative agreements with States (or political subdivisions thereof) which the Administrator of ATSDR determines are capable of carrying out such activities. Such activities shall include provision of consultations on health information, the conduct of health assessments, including those required under section 3019(b) of the Solid Waste Disposal Act [42 U.S.C. 6939a (b)], health studies, registries, and health surveillance.
 * (16) The President shall provide adequate personnel for ATSDR, which shall not be fewer than 100 employees. For purposes of determining the number of employees under this subsection, an employee employed by ATSDR on a part-time career employment basis shall be counted as a fraction which is determined by dividing 40 hours into the average number of hours of such employee’s regularly scheduled workweek.
 * (17) In accordance with section 9620 of this title (relating to Federal facilities), the Administrator of ATSDR shall have the same authorities under this section with respect to facilities owned or operated by a department, agency, or instrumentality of the United States as the Administrator of ATSDR has with respect to any nongovernmental entity.
 * (18) If the Administrator of ATSDR determines that it is appropriate for purposes of this section to treat a pollutant or contaminant as a hazardous substance, such pollutant or contaminant shall be treated as a hazardous substance for such purpose.

(j) Acquisition of property

 * (1) Authority
 * The President is authorized to acquire, by purchase, lease, condemnation, donation, or otherwise, any real property or any interest in real property that the President in his discretion determines is needed to conduct a remedial action under this chapter. There shall be no cause of action to compel the President to acquire any interest in real property under this chapter.
 * (2) State assurance
 * The President may use the authority of paragraph (1) for a remedial action only if, before an interest in real estate is acquired under this subsection, the State in which the interest to be acquired is located assures the President, through a contract or cooperative agreement or otherwise, that the State will accept transfer of the interest following completion of the remedial action.
 * (3) Exemption
 * No Federal, State, or local government agency shall be liable under this chapter solely as a result of acquiring an interest in real estate under this subsection.

(k) Brownfields revitalization funding

 * (1) Definition of eligible entity
 * In this subsection, the term “eligible entity” means—
 * (A) a general purpose unit of local government;
 * (B) a land clearance authority or other quasi-governmental entity that operates under the supervision and control of or as an agent of a general purpose unit of local government;
 * (C) a government entity created by a State legislature;
 * (D) a regional council or group of general purpose units of local government;
 * (E) a redevelopment agency that is chartered or otherwise sanctioned by a State;
 * (F) a State;
 * (G) an Indian Tribe other than in Alaska; or
 * (H) an Alaska Native Regional Corporation and an Alaska Native Village Corporation as those terms are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following) and the Metlakatla Indian community.
 * (2) Brownfield site characterization and assessment grant program
 * (A) Establishment of program
 * The Administrator shall establish a program to—
 * (i) provide grants to inventory, characterize, assess, and conduct planning related to brownfield sites under subparagraph (B); and
 * (ii) perform targeted site assessments at brownfield sites.
 * (B) Assistance for site characterization and assessment
 * (i) In general On approval of an application made by an eligible entity, the Administrator may make a grant to the eligible entity to be used for programs to inventory, characterize, assess, and conduct planning related to one or more brownfield sites.
 * (ii) Site characterization and assessment A site characterization and assessment carried out with the use of a grant under clause (i) shall be performed in accordance with section 9601 (35)(B) of this title.
 * (3) Grants and loans for brownfield remediation
 * (A) Grants provided by the President

Subject to paragraphs (4) and (5), the President shall establish a program to provide grants to—
 * (i) eligible entities, to be used for capitalization of revolving loan funds; and
 * (ii) eligible entities or nonprofit organizations, where warranted, as determined by the President based on considerations under subparagraph (C), to be used directly for remediation of one or more brownfield sites owned by the entity or organization that receives the grant and in amounts not to exceed $200,000 for each site to be remediated.
 * (B) Loans and grants provided by eligible entities
 * An eligible entity that receives a grant under subparagraph (A)(i) shall use the grant funds to provide assistance for the remediation of brownfield sites in the form of—
 * (i) one or more loans to an eligible entity, a site owner, a site developer, or another person; or
 * (ii) one or more grants to an eligible entity or other nonprofit organization, where warranted, as determined by the eligible entity that is providing the assistance, based on considerations under subparagraph (C), to remediate sites owned by the eligible entity or nonprofit organization that receives the grant.
 * (C) Considerations
 * In determining whether a grant under subparagraph (A)(ii) or (B)(ii) is warranted, the President or the eligible entity, as the case may be, shall take into consideration—
 * (i) the extent to which a grant will facilitate the creation of, preservation of, or addition to a park, a greenway, undeveloped property, recreational property, or other property used for nonprofit purposes;
 * (ii) the extent to which a grant will meet the needs of a community that has an inability to draw on other sources of funding for environmental remediation and subsequent redevelopment of the area in which a brownfield site is located because of the small population or low income of the community;
 * (iii) the extent to which a grant will facilitate the use or reuse of existing infrastructure;
 * (iv) the benefit of promoting the long-term availability of funds from a revolving loan fund for brownfield remediation; and
 * (v) such other similar factors as the Administrator considers appropriate to consider for the purposes of this subsection.
 * (D) Transition
 * Revolving loan funds that have been established before January 11, 2002, may be used in accordance with this paragraph.
 * (4) General provisions
 * (A) Maximum grant amount
 * (i) Brownfield site characterization and assessment
 * (I) In general A grant under paragraph (2) may be awarded to an eligible entity on a community-wide or site-by-site basis, and shall not exceed, for any individual brownfield site covered by the grant, $200,000.
 * (II) Waiver The Administrator may waive the $200,000 limitation under subclause (I) to permit the brownfield site to receive a grant of not to exceed $350,000, based on the anticipated level of contamination, size, or status of ownership of the site.
 * (ii) Brownfield remediation A grant under paragraph (3)(A)(i) may be awarded to an eligible entity on a community-wide or site-by-site basis, not to exceed $1,000,000 per eligible entity. The Administrator may make an additional grant to an eligible entity described in the previous sentence for any year after the year for which the initial grant is made, taking into consideration—
 * (I) the number of sites and number of communities that are addressed by the revolving loan fund;
 * (II) the demand for funding by eligible entities that have not previously received a grant under this subsection;
 * (III) the demonstrated ability of the eligible entity to use the revolving loan fund to enhance remediation and provide funds on a continuing basis; and
 * (IV) such other similar factors as the Administrator considers appropriate to carry out this subsection.
 * (B) Prohibition
 * (i) In general No part of a grant or loan under this subsection may be used for the payment of—
 * (I) a penalty or fine;
 * (II) a Federal cost-share requirement;
 * (III) an administrative cost;
 * (IV) a response cost at a brownfield site for which the recipient of the grant or loan is potentially liable under section 9607 of this title; or
 * (V) a cost of compliance with any Federal law (including a Federal law specified in section 9601 (39)(B) of this title), excluding the cost of compliance with laws applicable to the cleanup.
 * (ii) Exclusions For the purposes of clause (i)(III), the term “administrative cost” does not include the cost of—
 * (I) investigation and identification of the extent of contamination;
 * (II) design and performance of a response action; or
 * (III) monitoring of a natural resource.
 * (iii) Exception Notwithstanding clause (i)(IV), the Administrator may use up to 25 percent of the funds made available to carry out this subsection to make a grant or loan under this subsection to eligible entities that satisfy all of the elements set forth in section 9601 (40) of this title to qualify as a bona fide prospective purchaser, except that the date of acquisition of the property was on or before January 11, 2002.
 * (C) Assistance for development of local government site remediation programs
 * A local government that receives a grant under this subsection may use not to exceed 10 percent of the grant funds to develop and implement a brownfields program that may include—
 * (i) monitoring the health of populations exposed to one or more hazardous substances from a brownfield site; and
 * (ii) monitoring and enforcement of any institutional control used to prevent human exposure to any hazardous substance from a brownfield site.
 * (D) Insurance
 * A recipient of a grant or loan awarded under paragraph (2) or (3) that performs a characterization, assessment, or remediation of a brownfield site may use a portion of the grant or loan to purchase insurance for the characterization, assessment, or remediation of that site.
 * (5) Grant applications
 * (A) Submission
 * (i) In general
 * (I) Application An eligible entity may submit to the Administrator, through a regional office of the Environmental Protection Agency and in such form as the Administrator may require, an application for a grant under this subsection for one or more brownfield sites (including information on the criteria used by the Administrator to rank applications under subparagraph (C), to the extent that the information is available).
 * (II) NCP requirements The Administrator may include in any requirement for submission of an application under subclause (I) a requirement of the National Contingency Plan only to the extent that the requirement is relevant and appropriate to the program under this subsection.
 * (ii) Coordination The Administrator shall coordinate with other Federal agencies to assist in making eligible entities aware of other available Federal resources.
 * (iii) Guidance The Administrator shall publish guidance to assist eligible entities in applying for grants under this subsection.
 * (B) Approval
 * The Administrator shall—
 * (i) at least annually, complete a review of applications for grants that are received from eligible entities under this subsection; and
 * (ii) award grants under this subsection to eligible entities that the Administrator determines have the highest rankings under the ranking criteria established under subparagraph (C).
 * (C) Ranking criteria
 * The Administrator shall establish a system for ranking grant applications received under this paragraph that includes the following criteria:
 * (i) The extent to which a grant will stimulate the availability of other funds for environmental assessment or remediation, and subsequent reuse, of an area in which one or more brownfield sites are located.
 * (ii) The potential of the proposed project or the development plan for an area in which one or more brownfield sites are located to stimulate economic development of the area on completion of the cleanup.
 * (iii) The extent to which a grant would address or facilitate the identification and reduction of threats to human health and the environment, including threats in areas in which there is a greater-than-normal incidence of diseases or conditions (including cancer, asthma, or birth defects) that may be associated with exposure to hazardous substances, pollutants, or contaminants.
 * (iv) The extent to which a grant would facilitate the use or reuse of existing infrastructure.
 * (v) The extent to which a grant would facilitate the creation of, preservation of, or addition to a park, a greenway, undeveloped property, recreational property, or other property used for nonprofit purposes.
 * (vi) The extent to which a grant would meet the needs of a community that has an inability to draw on other sources of funding for environmental remediation and subsequent redevelopment of the area in which a brownfield site is located because of the small population or low income of the community.
 * (vii) The extent to which the applicant is eligible for funding from other sources.
 * (viii) The extent to which a grant will further the fair distribution of funding between urban and nonurban areas.
 * (ix) The extent to which the grant provides for involvement of the local community in the process of making decisions relating to cleanup and future use of a brownfield site.
 * (x) The extent to which a grant would address or facilitate the identification and reduction of threats to the health or welfare of children, pregnant women, minority or low-income communities, or other sensitive populations.
 * (6) Implementation of brownfields programs
 * (A) Establishment of program
 * The Administrator may provide, or fund eligible entities or nonprofit organizations to provide, training, research, and technical assistance to individuals and organizations, as appropriate, to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation.
 * (B) Funding restrictions
 * The total Federal funds to be expended by the Administrator under this paragraph shall not exceed 15 percent of the total amount appropriated to carry out this subsection in any fiscal year.
 * (7) Audits
 * (A) In general
 * The Inspector General of the Environmental Protection Agency shall conduct such reviews or audits of grants and loans under this subsection as the Inspector General considers necessary to carry out this subsection.
 * (B) Procedure
 * An audit under this subparagraph shall be conducted in accordance with the auditing procedures of the Government Accountability Office, including chapter 75 of title 31.
 * (C) Violations
 * If the Administrator determines that a person that receives a grant or loan under this subsection has violated or is in violation of a condition of the grant, loan, or applicable Federal law, the Administrator may—
 * (i) terminate the grant or loan;
 * (ii) require the person to repay any funds received; and
 * (iii) seek any other legal remedies available to the Administrator.
 * (D) Report to Congress
 * Not later than 3 years after January 11, 2002, the Inspector General of the Environmental Protection Agency shall submit to Congress a report that provides a description of the management of the program (including a description of the allocation of funds under this subsection).
 * (8) Leveraging
 * An eligible entity that receives a grant under this subsection may use the grant funds for a portion of a project at a brownfield site for which funding is received from other sources if the grant funds are used only for the purposes described in paragraph (2) or (3).
 * (9) Agreements
 * Each grant or loan made under this subsection shall—
 * (A) include a requirement of the National Contingency Plan only to the extent that the requirement is relevant and appropriate to the program under this subsection, as determined by the Administrator; and
 * (B) be subject to an agreement that—
 * (i) requires the recipient to—
 * (I) comply with all applicable Federal and State laws; and
 * (II) ensure that the cleanup protects human health and the environment;
 * (ii) requires that the recipient use the grant or loan exclusively for purposes specified in paragraph (2) or (3), as applicable;
 * (iii) in the case of an application by an eligible entity under paragraph (3)(A), requires the eligible entity to pay a matching share (which may be in the form of a contribution of labor, material, or services) of at least 20 percent, from non-Federal sources of funding, unless the Administrator determines that the matching share would place an undue hardship on the eligible entity; and
 * (iv) contains such other terms and conditions as the Administrator determines to be necessary to carry out this subsection.
 * (10) Facility other than brownfield site
 * The fact that a facility may not be a brownfield site within the meaning of section 9601 (39)(A) of this title has no effect on the eligibility of the facility for assistance under any other provision of Federal law.
 * (11) Effect on Federal laws
 * Nothing in this subsection affects any liability or response authority under any Federal law, including—
 * (A) this chapter (including the last sentence of section 9601 (14) of this title);
 * (B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
 * (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
 * (D) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and
 * (E) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
 * (12) Funding
 * (A) Authorization of appropriations
 * There is authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2002 through 2006.
 * (B) Use of certain funds
 * Of the amount made available under subparagraph (A), $50,000,000, or, if the amount made available is less than $200,000,000, 25 percent of the amount made available, shall be used for site characterization, assessment, and remediation of facilities described in section 9601 (39)(D)(ii)(II) of this title.


text: 1911 Encyclopædia Britannica/Zouch, Richard

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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370 position of the island think themselves competent to give information about the Haitians; undeterred by the scantiness of their knowledge, they hasten to affirm that instead of progressing they are relapsing into barbarism. This is another assertion as common and as widespread as the charge of vaudou-cannibalism. Even the grave Encyclopedia Britannica has been led into adopting and propagating such slanders on the authority of writers of the class of St. John and Pritchard. When a work of the kind contains such misleading information about Haiti, one wonders what faith can be placed in what it says of other countries. In the United States people take all possible advantage of this slander. Does a politician desire to create the impression that it is necessary to assume a certain control on some of the American Republics on account of the probable opening of the Panama Canal, he at once resorts to the famous theme of Haiti's reverting to barbarism. Does he wish to establish that it is not safe to confer the right of voting on a certain class of his fellow-citizens, he will always draw his principal argument from the thesis of Haiti's relapsing into savagery. Haiti thus at the same time is made into a sort of moral scare-crow as well as continually serving as a scape-goat. However, she need occasion no anxiety to the United States. She has never thought nor ever will think of alienating the smallest portion of her territory, no more than does Haiti entertain the idea of consenting to the least attack upon her independence. Consequently it is very hard that the people of the United States, in order to facilitate some of their home problems, should make use of such calumnies against a small State which is earnestly striving to fulfil all its duties. I am glad to say that an American citizen has of late done us justice on this point. Professor Robert T. Hill says in his book that "Sir Spenser St. John's conclusions are not borne out by history, and the Haitians, instead of degenerating, are, excepting the Cubans, Porto Ricans and Barbadians, the only virile and


text: 1911 Encyclopædia Britannica/Zouche

title: 1911 Encyclopædia Britannica/Zouche


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Rh persecuted, has many chances it otherwise would not have of making proselytes. The school-master and the minister of religion are, in such cases, more powerful and more efficacious than the police. The Haitian statesmen know this; for this reason they rely upon religion and upon education to fight superstition; this is the reason why, in spite of her comparatively limited revenue, Haiti devotes a large part of it to public instruction and subsidizes all Christian cults, although the great majority of her inhabitants are Roman Catholics. The impartial foreigner traveling about the country without any preconceived idea of slandering the people cannot fail to notice the good results attained.

Every country, even the most advanced and civilized, has certain peculiarities. Haiti is no exception to this rule; like other nations she has her peculiarities, but the one who describes these peculiarities alone in order to excite the ridicule of his readers is like a person who, after visiting a mansion, describes only the kitchen or the stables; kitchen and stables certainly have their particular uses, but they do not give any idea of the beauty of the mansion. For more than a century it has been the usual thing to ridicule Haiti; none of the means which might bring discredit on her has been neglected. Nevertheless, she still exists and has proudly maintained her independence. This fact may seem to be unimportant to many; but it is the best evidence that a country placed in so disadvantageous a position as was Haiti, and has nevertheless shown such a vitality, cannot be a mere collection of ignorant, corrupt, and abjectly superstitious men. Such a nation must unquestionably possess a certain amount of sterling qualities. But the foreign writers do not care to know these qualities, and if perchance the knowledge of it is forced upon them they do not care to make them known to the public. The ridiculous point of view has more attraction to them; they have almost all made the caricature rather than the description of the Haitian people.

Men who are ignorant even of the correct


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Rh sort of charlatan is to be found all over the world; he exists as well in France and in the United States under different appellations.

"There is perhaps not a village in France which does not possess its healer (guérisseur) or rebouteux. Both continue to be serious competitors to the country doctors. They assume the appearance of sorcerers and profit by the fear they inspire. They occasionally make use of mediaeval drugs the eccentricity of which takes the fancy of their customers and secures their authority over the minds of those already prepared to respect the traditional and ancestral art of the healer.

"We must confess that most of these unlawful doctors are clever and possess efficacious means of curing some diseases. They know quite well how to set a leg or an arm, to cure sprains, wounds, and burns. Their lasting fame is the best evidence of their skill. The healer has existed from the earliest ages."

Papa-loi is, as it were, the Haitian form of the French rebouteux, who is perhaps more skilled and has certainly been longer in existence than the papa-loi. Nobody would think of saying that the French nation is at the mercy of such quacks. Yet many writers state in a serious manner that the influence of the healer is so great in Haiti that the doctors are unable to earn a living by the practise of their profession. It suffices but to notice the prosperous condition of the Haitian doctors to be convinced of the absurdity of such an assertion; theirs is one of the best paid and the most profitable callings.

As to the philters which the papa-loi is said to administer to those who wish to make themselves beloved, they do not seem to be unknown in the United States. In a divorce suit introduced before the court of North Platte, Nebraska, the husband charged his wife with having given him "dragon's blood," which, it seems, is what the American papa-lois prescribe in love


text: 1911 Encyclopædia Britannica/Zoutpansberg


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364 "for sinners. He leaped high into the air, placed his hands on the top of the tall pulpit, and vaulted back and forth over it. He grovelled on the floor, pounded his head on the timbers and worked up to a point of delirious frenzy, performing feats of contortion which rival those of a professional circus athlete. … Men and women groaned aloud, grovelled in their seats, their minds answering sympathetically every emotion depicted by the exhorter. 'How much will you give to the Lord?' he shouted in thunderous tones. 'All, all!' answered the people, rising in their seats, and they meant it. On Friday night of last week the most violent meeting of all was held, continuing until after midnight. At this meeting the villagers turned their pockets inside out for the preachers. They gave the few valuables they had with them. It was arranged that a final meeting of renunciation was to be held on the following Sunday, at which a monster contribution was to be made to the preachers. The people of the island, with few exceptions, prepared to sell their homes and lands, their places of business and fishing tackle, their cattle and household possessions, so that all could be converted into cash for the purpose of the offering. They were in a frenzy, practically insane with the intoxication of their emotions.

"Stranger rites and ceremonies were performed, and finally Elder Buber announced that by reason of divine power he could perform miracles.

"Thurman, the nine-year-old son of Mrs. G. F. Beal, a cripple since birth and beloved by all on the island, was brought into the church. He was placed on the altar before the congregation. He was then covered with a sack, while the exhorter, working himself into a frenzy, commanded the spirit of which the child was possessed to depart. The miracle was a failure. The child remained a cripple, but, strange to say, the people did not lose faith. They ascribed the failure as due to a devil in the boy. This meeting ended at


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Rh midnight, Elders Buber and Buck being so exhausted that they could hardly stand.

"Some of the more zealous of the converts desired to continue in their frenzy, and twenty or more repaired to the home of Mrs. Beal, near the church. Their imaginations were so wrought up that with the first words of exhortation they became insane, and horrible ideas and suggestions followed.

"Mrs. Beal was the centre of the group. She said that they had sacrificed or were about to sacrifice, all their worldly possessions, but that was not enough. A living sacrifice was required, she said. She proposed crucifixion, and appointed her son Eli, a young man of twenty-eight, as the chosen instrument, or executioner. Wild approval met the suggestions of Mrs. Beal.

"Raising her hands high in the air, as if seeking inspiration, she said that a certain dog in the village must be killed. It was brought into the room. Mrs. Beal said that the dog was to typify the Lord. Eli Beal grasped the dog with hands made stronger than normal by insane fervor and tore open its throat. The fanatics groaned and shouted while the dog breathed its last. A cat was the next victim, similar ceremonies being gone through.

"Then it was that Mrs. Beal groaned because the holy spirit did not wholly yield to her, and said that her little boy Thurman must be sacrificed. Some joyfully acceded and other women proposed to sacrifice their children. Frank Wallace and John A. Beal, two strong-minded men who were present, but not participating in the ceremonies, protested. Wallace told a Herald correspondent that in five minutes more the Beal child would have been killed and others would have followed. Wallace seized the boy, dashed for the door, and held the crowd at bay while the frightened youngster fled for his life, finding a hiding-place among the rocks.

"Mr. Beal hurried to the mainland and notified the authorities there. Mrs. Beal was adjudged insane and


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366 sent to an insane asylum in Bangor. And the selectmen of Jonesport have issued strict orders that there be no more religious services of any kind on the island."

Had the foregoing events occurred in Haiti, instead of taking place in the United States, her detractors would not have missed the opportunity to assert that Haitian mothers are accustomed to sacrifice their children in the vaudou ceremonies. The incident would have been grossly exaggerated and would not have been imputed to the insanity of a handful of fanatics. Within ten or twenty years after, these ceremonies would have been related by foreign writers to cast aspersion on the whole Haitian Republic.

Public instruction, which is comparatively much more wide-spread in the United States than in Haiti, has however not yet succeeded in protecting the inhabitants of the former country from charlatans and fortune-tellers. In a suburb of Baltimore, Maryland, a woman was the victim of one of these American papa-lois. The case was tried at Elmira, New York, where Walter P. Collins, alias Dr. Zollo, was arrested on a charge of grand larceny. "I am very superstitious," said the complainant, Miss Mary M. Miller, "and I believed in Dr. Zollo, for he read my palm very cleverly. He told me that it was necessary for me to bring money, because money was the one goal in the world for which every one was pushing, and one's thought centred upon it constantly. He said that through this money he could transmit an influence on me, as a result of which my affairs would not be so tangled, and that I would be able to rent my property, the poor returns from which caused me much worry. I brought him $500. He put it in an envelope, as I supposed, and gave it to me, telling me to go home and bring him more the next day, also to bring back the envelope supposed to contain the $500. I brought back the sealed envelope and $300. He opened the envelope, apparently took therefrom the $500, and, bunching the $300 in bills with it, asked me to hold one end while


text: 1911 Encyclopædia Britannica/Zrinyi, Miklós, Count (elder)


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Rh he held the other. I did so, and he again apparently put the money in an envelope, sealed it and told me not to open it, but to wear it in a jewelry bag around my neck until the next day, when I should come to his office for him to open it, so that the charm might not lose its full effect. I paid him his fee and the next day when I visited his office he had disappeared. I found a newspaper in the envelope, but no money."

One Dr. Theodore White was arrested in the very city of Baltimore on the charge of using the United States mails to defraud. He was selling love-powders said to contain three hairs out of a black cat's tail, seven hairs out of a white mule's tail, eight drops of blood out of a dog's tail, and one or two equally astonishing that his operations had extended all over the United the directions were carefully followed out. Dr. White antee [sic] that he would at once rival Borneo in his ardor if had numerous patrons for this powder of his; for $12,800 in cash was found in his safe; and he admitted ingredients. Directions were given for administering this powder to the reluctant or cold lover, with the guar-States [sic], Europe, Central America, and a portion of South America.

In Washington, the capital of the United States, the police had to intervene on behalf of the credulous and superstitious people who were being taken advantage of by clairvoyants, fortune-tellers and that class of charlatans who would have been called papa-lois had they been found in Haiti.

"The police department announced yesterday," says the Washington Post of the 19th of February, 1904, "that war is to be waged on all Clairvoyants, fortune-tellers, and mediums in the District. … The detectives have received numerous complaints


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Page:Pierre.djvu/15

 PIERRE

BOOK I

PIERRE JUST EMERGING FROM HIS TEENS

are some strange summer mornings in the country, when he who is but a sojourner from the city shall early walk forth into the fields, and be wonder-smitten with the trance-like aspect of the green and golden world. Not a flower stirs; the trees forget to wave; the grass itself seems to have ceased to grow; and all Nature, as if suddenly become conscious of her own profound mystery, and feeling no refuge from it but silence, sinks into this wonderful and indescribable repose.

Such was the morning in June, when, issuing from the embowered and high-gabled old home of his fathers, Pierre, dewily refreshed and spiritualised by sleep, gaily entered the long, wide, elm-arched street of the village, and half unconsciously bent his steps toward a cottage, which peeped into view near the end of the vista.

The verdant trance lay far and wide; and through it nothing came but the brindled, dreamily wandering to their pastures, followed, not driven, by ruddy-cheeked, white-footed boys.

As touched and bewitched by the loveliness of this silence, Pierre neared the cottage, and lifted his eyes, he swiftly paused, fixing his glance upon one upper, open casement there. Why now this impassioned, youthful pause? Why this enkindled cheek and eye?

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368 All of the victims were women, and they were mulcted, so they said, of sums ranging from $1 to $100; but woman-like they refused to prosecute for fear of publicity. One of the letters received by the police reads as follows: 'The Professor talked me right out of my money, and instead of bringing back my husband, as he promised, he seemed to drive my husband away, for I am now alone. My husband has gone to Pittsburg. The Professor said that if I had him arrested, he would tell all my story, and would swear besides that I was after another man instead of my husband.'

"One other contribution to the stock of complaints is a tiny yellow envelope stamped on the outside: 'Phychio Magneto, Nepal, India.' The woman who gave it up confessed that she had paid $5 for the envelope, which was supposed to contain an all-powerful powder, which had only to be placed under the pillow for so many nights to accomplish as many wonders as Aladdin's lamp. The powder failed of its purpose, and the remnant of it still left in Captain Boardman's desk needs only a test to prove that it is nothing more than common table salt."

From the above-mentioned facts it does not follow that the whole people of the United States are grossly addicted to superstition. The foreigner who would draw such a conclusion would show either astonishing ignorance or bad faith. The inhabitants of the United States constitute at the present one of the most civilized nations. They have spared no pains for diffusing public instruction throughout their country. I have mentioned the superstitious beliefs of a few of them only to illustrate the fact that these beliefs exist everywhere and are not peculiar to Haiti, where they are found under the same character as they assume elsewhere. In Haiti, as elsewhere, religion and a broad diffusion of knowledge alone will cause superstition to disappear. Violence and ill-timed repression might only serve to make those who would be too severely dealt with seem as victims and martyrs to the cause. A belief, by being


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2 Upon the sill of the casement, a snow-white glossy pillow reposes, and a trailing shrub has softly rested a rich, crimson flower against it.

Well mayst thou seek that pillow, thou odoriferous flower, thought Pierre; not an hour ago, her own cheek must have rested there. 'Lucy!'

'Pierre!'

As heart rings to heart those voices rang, and for a moment, in the bright hush of the morning, the two stood silently but ardently eyeing each other, beholding mutual reflections of a boundless admiration and love.

'Nothing but Pierre,' laughed the youth, at last; 'thou hast forgotten to bid me good morning.'

'That would be little. Good mornings, good evenings, good days, weeks, months, and years to thee, Pierre;—bright Pierre!—Pierre!'

Truly, thought the youth, with a still gaze of inexpressible fondness; truly the skies do ope, and this invoking angel looks down.—'I would return thee thy manifold good mornings, Lucy, did not that presume thou hadst lived through a night; and by heaven, thou belong'st to the regions of an infinite day!'

'Fie, now, Pierre; why should ye youths always swear when ye love?'

'Because in us love is profane, since it mortally reaches toward the heaven in ye!'

'There thou fly'st again, Pierre; thou art always circumventing me so. Tell me, why should ye youths ever show so sweet an expertness in turning all trifles of ours into trophies of yours?'

'I know not how that is, but ever was it our fashion to do.' And shaking the casement shrub, he dislodged the flower, and conspicuously fastened it in his bosom. 'I must away now, Lucy; see! under these colours I march.'

'Bravissimo! oh, my only recruit!'

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Rh natives of the West Indies … and whatever may be said against them, it should be remembered that these people nearly a century ago initiated the movement which, ending in Brazil in 1889, resulted in driving the institution of slavery from the Western hemisphere."

In conclusion I will content myself with recalling what I said on the matter in the North American Review of July, 1903. To revert to a condition almost of savagery, to relapse into barbarism a nation must be, at the time when the charge is made, in a state of civilization less advanced than formerly; it must be going backward instead of forward. So, to ascertain whether, since the removal of the white control, the Haitians have or have not reverted to a condition almost of savagery, one must necessarily compare their condition of to-day with their condition before the removal of that control. What was the condition of the Haitians over a hundred years ago? The great majority of them were slaves. They were treated like beasts. They were compelled to work like machines in the fields. They could not read. They could not write. They were not even good artisans, not being allowed to learn anything. Their degradation was complete.

Such was the condition of the Haitians under the French control. It is needless to say that their condition now is different.

The factories, the rich plantations had been all destroyed during the war of independence. The Haitians found themselves in possession of a devastated, land. They have rebuilt their cities and towns. They cultivate now their own properties, almost every inhabitant


text: 1911 Encyclopædia Britannica/Zrinyi, Miklós, Count (younger)


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Rh

Pierre was the only son of an affluent, and haughty widow; a lady who externally furnished a singular example of the preservative and beautifying influences of unfluctuating rank, health, and wealth, when joined to a fine mind of medium culture, uncankered by any inconsolable grief, and never worn by sordid cares. In mature age, the rose still miraculously clung to her cheek; litheness had not yet completely uncoiled itself from her waist, nor smoothness unscrolled itself from her brow, nor diamondness departed from her eyes. So that when lit up and bediademed by ball-room lights, Mrs. Glendinning still eclipsed far younger charms, and had she chosen to encourage them, would have been followed by a train of infatuated suitors, little less young than her own son Pierre.

But a reverential and devoted son seemed lover enough for this widow Bloom; and besides all this, Pierre when namelessly annoyed, and sometimes even jealously transported by the too ardent admiration of the handsome youths, who now and then, caught in unintended snares, seemed to entertain some insane hopes of wedding this unattainable being; Pierre had more than once, with a playful malice, openly sworn, that the man—graybeard, or beardless—who should dare to propose marriage to his mother, that man would by some peremptory unrevealed agency immediately disappear from the earth.

This romantic filial love of Pierre seemed fully returned by the triumphant maternal pride of the widow, who in the clear-cut lineaments and noble air of her son, saw her own graces strangely translated into the opposite sex. There was a striking personal resemblance between them; and as the mother seemed to have long stood still in her beauty, heedless of the passing years; so Pierre seemed to meet

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text: 1911 Encyclopædia Britannica/Zschokke, Johann Heinrich Daniel


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4 her half-way, and by a splendid precocity of form and feature, almost advanced himself to that mature stand-point in Time, where his pedestalled mother so long had stood. In the playfulness of their unclouded love, and with that strange licence which a perfect confidence and mutual understanding at all points, had long bred between them, they were wont to call each other brother and sister. Both in public and private this was their usage; nor when thrown among strangers, was this mode of address ever suspected for a sportful assumption; since the amaranthiness of Mrs. Glendinning fully sustained this youthful pretension.—Thus freely and lightsomely for mother and son flowed on the pure joined current of life. But as yet the fair river had not borne its waves to those sideways repelling rocks, where it was thenceforth destined to be forever divided into two unmixing streams.

An excellent English author of these times enumerating the prime advantages of his natal lot, cites foremost, that he first saw the rural light. So with Pierre. It had been his choice fate to have been born and nurtured in the country, surrounded by scenery whose uncommon loveliness was the perfect mould of a delicate and poetic mind; while the popular names of its finest features appealed to the proudest patriotic and family associations of the historic line of Glendinning. On the meadows which sloped away from the shaded rear of the manorial mansion, far to the winding river, an Indian battle had been fought, in the earlier days of the colony, and in that battle the paternal great-grandfather of Pierre, mortally wounded, had sat unhorsed on his saddle in the grass, with his dying voice, still cheering his men in the fray. This was Saddle Meadows, a name likewise extended to the mansion and the village. Far beyond these plains, a day's walk for Pierre, rose the storied heights, where

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Rh in the Revolutionary War his grandfather had for several months defended a rude but all-important stockaded fort, against the repeated combined assaults of Indians, Tories, and Regulars. From before that fort, the gentlemanly, but murderous half-breed, Brandt, had fled, but had survived to dine with General Glendinning, in the amicable times which followed that vindictive war. All the associations of Saddle Meadows were full of pride to Pierre. The Glendinning deeds, by which their estate had so long been held, bore the ciphers of three Indian kings, the aboriginal and only conveyancers of those noble woods and plains. Thus loftily, in the days of his circumscribed youth, did Pierre glance along the background of his race; little recking of that maturer and larger interior development, which should forever deprive these things of their full power of pride in his soul.

But the breeding of Pierre would have been unwisely contracted, had his youth been unintermittingly passed in these rural scenes. At a very early period he had begun to accompany his father and mother—and afterward his mother alone—in their annual visits to the city; where naturally mingling in a large and polished society, Pierre had insensibly formed himself in the earlier graces of life, without enfeebling the vigour derived from a martial race, and fostered in the country's clarion air.

Nor while thus liberally developed in person and manners, was Pierre deficient in a still better and finer culture. Not in vain had he spent long summer afternoons in the deep recesses of his father's fastidiously picked and decorous library; where the Spenserian nymphs had early led him into many a maze of all-bewildering beauty. Thus, with a graceful glow on his limbs, and soft, imaginative flames in his heart, did this

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