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 100 STAT. 1608 20 USC 4420.

PUBLIC LAW 99-498—OCT. 17, 1986

SEC. 1513. TAX STATUS.

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The Institute and the franchise, capital, reserves, income, and property of the Institute shall be exempt from all taxation now or hereafter imposed by the United States, by any Indian tribe, or by any State or political subdivision thereof. 20 USC 4421.

SEC. 1514. TRANSFER OF FUNCTIONS.

(a) INSTITUTE OF AMERICAN INDIAN ARTS.—There are hereby transferred to the Institute of American Indian and Alaska Native Culture and Art Development, and such Institute shall perform, the functions of the Institute of American Indian Arts established by the Secretary in 1962. (b) CERTAIN MATTERS RELATING TO TRANSFERRED FUNCTIONS.—

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(1) All personnel, liabilities, contracts, real property (including the collections of the museum located on the site known as the "Santa Fe Indian School" but not the museum building), personal property, assets, and records as are determined by the Director of the Office of Management and Budget to be employed, held, or used primarily in connection with any function transferred under the provisions of this title (regardless of the administrative entity providing the services on the date before the transfer) shall be transferred to the Institute. (2) Personnel engaged in functions transferred by this title shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions, except that such transfer shall be without reduction in classification or compensation for one year after such transfer. (c) REFERENCES IN OTHER LAWS.—All laws and regulations relating to the Institute of American Indian Arts established by the Secretary in 1962 shall, insofar as such laws and regulations are appropriate, and not inconsistent with the provisions of this title, remain in full force and effect and apply with respect to the Institute. All references in any other Federal law to the Institute of American Indian Arts, or any officer transferred to the Institute of American Indian and Alaska Native Culture and Arts Development under subsection (b), shall be deemed to refer to the Institute of American Indian and Alaska Native Culture and Arts Development or an officer of the Institute of American Indian and Alaska Native Culture and Arts Development. (d) TECHNICAL AND SUPPORT ASSISTANCE.—During the 2-year period beginning on the date referred to in subsection (f), the Secretary of the Interior shall provide such technical and support assistance to the Institute as the Secretary determines reasonable or necessary to assist the Institute. Such assistance shall include audit, accounting, computer services, and building and maintenance services. (e) ADVISORY BOARD.—During the period beginning on the date of enactment of this title and ending on the date referred to in subsection (f), the Advisory Board for Institute of American Indian Arts shall continue to act in an advisory role for the Board and the Institute of American Indian and Alaska Native Culture and Arts Development. (f) EFFECTIVE DATE.—The provisions of this section (other than subsection (e)) shall take effect on October 1, 1986.

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46 point the way out of the serious difficulty. But still all in vain.

One day he suddenly came upon Ben Zoof, and asked him whether he had no plan to propose. The orderly shook his head, but after a few moments' pondering, said: "Ah! master, if only we were at Montmartre, we would get shelter in the charming stone-quarries."

"Idiot!" replied the captain, angrily, "if we were at Montmartre, you don't suppose that we should need to live in stone-quarries?"

But the means of preservation which human ingenuity had failed to secure were at hand from the felicitous provision of Nature herself. It was on the 10th of March that the captain and Lieutenant Procope started off once more to investigate the northwest corner of the island; on their way their conversation naturally was engrossed by the subject of the dire necessities which only too manifestly were awaiting them. A discussion more than usually animated arose between them, for the two men were not altogether of the same mind as to the measures that ought to be adopted in order to open the fairest chance of avoiding a fatal climax to their exposure; the captain persisted that an entirely new abode must be sought, while the lieutenant was equally bent upon devising a method of some sort by which their present quarters might be rendered sufficiently warm. All at once, in the very heat of his argument, Procope paused; he passed his hand across his eyes, as if to dispel a mist, and stood, with a fixed gaze centered on a point towards the south. "What is that?" he said, with a kind of hesitation. "No, I am not mistaken," he added; "it is a light on the horizon."

"A light!" exclaimed Servadac; "show me where."

"Look there!" answered the lieutenant, and he kept pointing steadily in its direction, until Servadac also distinctly saw the bright speck in the distance.

It increased in clearness in the gathering shades of evening. "Can it be a ship?" asked the captain. "If so, it must be in flames; otherwise we should not be able to see it so far off," replied Procope.

"It does not move," said Servadac;" and unless I am greatly deceived, I can hear a kind of reverberation in the air."

For some seconds the two men stood straining eyes and ears in rapt attention. Suddenly an idea struck Servadac's mind. "The volcano!" he cried; "may it not be the volcano that we saw, whilst we were on board the Dobryna?"

The lieutenant agreed that it was very probable.

"Heaven be praised!" ejaculated the captain, and he went on in the tones of a keen excitement: "Nature has provided us with our winter quarters; the stream of burning lava that is flowing there is the gift of a bounteous Providence; it will provide us all the warmth we need. No time to lose! Tomorrow, my dear Procope, to-morrow we will explore it all; no doubt the life, the heat we want is reserved for us in the heart and bowels of our own Gallia!"

Whilst the captain was indulging in his expressions of enthusiasm, Procope was endeavoring to collect his thoughts. Distinctly he remembered the long promontory which had barred the Dobryna's progress while coasting the southern confines of the sea, and which had obliged her to ascend northwards as far as the former latitude of Oran; he remembered also that at the extremity of the promontory there was a rocky headland crowned with smoke; and now he was convinced that he was right in identifying the position, and in believing that the smoke had given place to an eruption of flame.

When Servadae gave him a chance of speaking, he said, "The more I consider it, captain, the more I am satisfied that your conjecture is correct. Beyond a doubt, what we see is the volcano, and tomorrow we will not fail to visit it."

On returning to the gourbi, they communicated their discovery to Count Timascheff only, deeming any further publication of it to be premature. The count at once placed his yacht at their disposal, and expressed his intention of accompanying them. "The yacht, I think," said Procope, "had better remain where she is; the weather is beautifully calm, and the steam-launch will answer our purpose better; at any rate, it will convey us much closer to shore than the schooner."

The count replied that the lieutenant was by all means to use his own discretion, and they all retired for the night.

Like many other modern pleasure-yachts, the Dobryna, in addition to her four-oar, was fitted with a fast-going little steam-launch, its screw being propelled, on the Oriolle system, by mean of a boiler, small but very effective. Early next morning, this handy little craft was sufficiently freighted with coal (of which there was still about ten tons on board the Dobryna), and manned by nobody except the captain, the count, and the lieutenant, left the harbor of the Shelif, much to the bewilderment of Ben Zoof, who had not yet been admitted into the secret. The orderly, however, consoled himself with the reflection that he had been temporarily invested with the full powers of governor general, an office of which he was not a little proud.

The eighteen miles between the island and the headland were made in something less than three hours. The volcanic eruption was manifestly very considerable, the entire summit of the promontory being enveloped in flames. To produce so large a combustion either the oxygen of Gallia's atmosphere had been brought into contact with the explosive gases contained beneath her soil, or perhaps, still more probable, the volcano, like those in the moon, was fed by an internal supply of oxygen of her own.

It took more than half an hour to settle on a suitable landing-place. At length, a small semi-circular creek was discovered among the rocks, which appeared advantageous, because, if circumstances should so require, it would form a safe anchorage for both the Dobryna and the Hansa.

The launch securely moored, the passengers landed on the side of the promontory opposite to that on which a torrent of flaming lava was descending to the sea. With much satisfaction they experienced, as they approached the mountain, a sensible difference in the temperature, and their spirits could not do otherwise than rise at the prospect of having their hopes confirmed, that a deliverance from the threatened calamity had so opportunely been found. On they went, up the steep acclivity, scrambling over its rugged projections, scaling the irregularities of its gigantic strata, bounding from point to point with the agility of chamois, but never alighting on anything except

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Page:United States Statutes at Large Volume 100 Part 2.djvu/507

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1609

SEC. 1515. REPORTS.

20 USC 4422.

(a) ANNUAL REPORT.—The President of the Institute shall submit an annual report to the Congress and to the Board concerning the status of the Institute during the 12 calendar months preceding the date of the report. Such report shall include, among other matters, a detailed statement of all private and public funds, gifts, and other items of a monetary value received by the Institute during such 12month period and the disposition thereof as well as any recommendations for improving the Institute. (b) BUDGET PROPOSAL.—

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(1) During the 2-year period beginning on the date referred to in section 1514(f), the Board shall submit a budget proposal to the Secretary of the Interior. The Secretary shall submit that proposal to the Congress. (2) After the period described in paragraph (1) and for each fiscal year thereafter, the Board shall submit a budget proposal to the Congress. (3) A budget proposal under this subsection shall be submitted not later than April 1 of each calendar year and shall propose a budget for the Institute for the 2 fiscal years succeeding the fiscal year during which such proposal is submitted. (4) In determining the amount of funds to be appropriated to the Institute on the basis of such proposals, the Congress shall not consider the amount of private fundraising or bequests made on behalf of the Institute during any preceding fiscal year.

SEC. 1516. HEADQUARTERS.

State and local

The site of the Institute of American Indian Arts, at Santa Fe, 2o\jSC 4423. New Mexico, shall be maintained as the location for the Institute of Indian and Alaska Native Culture and Arts Development. To facilitate this action and the continuity of programs being provided at the Institute of American Indian Arts, the Secretary may enter into negotiations with State and local governments for such exchanges or transfers of lands and such other assistance as may be required. SEC. 1517. COMPLIANCE WITH OTHER ACTS.

20 USC 4424.

(a) IN GENERAL,—The Institute shall comply with the provisions of(1) Public Law 95-341 (42 U.S.C. 1996), popularly known as ^ the American Indian Religious Freedom Act, j (2) the Archeological Resources Protection Act of 1979 (16 ^ U.S.C. 470aa et seq.), and ^ (3) the National Historic Preservation Act (16 U.S.C. 470 et seq.). (b) CRIMINAL LAWS.—All Federal criminal laws relating to larceny, embezzlement, or conversion of the funds or the property of the United States shall apply to the funds and property of the Institute. SEC. 1518. ENDOWMENT PROGRAM. (a) ESTABLISHMENT.—

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20 USC 4425. >

(1) From the amount appropriated pursuant to section 1521(a), the Secretary shall make available to the Institute not more than $500,000 which shall be deposited into a trust fund maintained by the Institute at a federally insured banking or savings institution.

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 100 STAT. 1610 ••

PUBLIC LAW 99-498—OCT. 17, 1986

(2) The President of the Institute shall provide for the deposit into the trust fund described in paragraph (1)— (A) of a capital contribution by the Institute in an amount ^^^, equal to the amount of each Federal contribution; and (B) any earnings on the funds deposited under paragraph (1) or subparagraph (A). (3) Funds in the trust fund described in paragraph (1) shall be, invested in a manner as to insure the accumulation of interest thereon at a rate not less than that generally available for similar funds deposited at the same banking or savings institution for the same period or periods of time. (4) If at any time the Institute withdraws any capital contribution made by the Institute to the trust fund described in paragraph (1), an equal amount of Federal capital contribution shall be withdrawn from such trust fund and returned to the Treasury as miscellaneous receipts. (5) No part of the net earnings of the trust fund described in ' V paragraph (1) shall inure to the benefit of any private person. (6) The President of the Institute shall provide for such other provisions governing the trust fund described in paragraph (1) as may be necessary to protect the financial interest of the United States and to promote the purpose of this title as are agreed to by the Secretary and the Institute, including recordkeeping procedures for the expenditure of accumulated interest which allow the Secretary to audit and monitor programs and activities conducted with such interest. (b) USE OF FUNDS.—Interest deposited pursueuit to subsection •i-' £ - >^ (a)(2)(B) in the trust fund described in subsection (a)(1) may be periodically withdrawn and used, at the discretion of the Institute, to defray any expenses associated with the operation of the Institute, including expense of operations and maintenance, administration, academic and support personnel, community and student services programs, and technical assistance. (c) CoMPUANCE WITH MATCHING REQUIREMENT.—For the purpose (a)(2)(A), the Institute may use funds which are available from any private or tribal source. (d) ALLOCATION OF FUNDS.—From the amount appropriated pursuant to section 1521(a), the Secretary shall allocate to the Institute an amount for a Federal capital contribution equal to the amount which the Institute demonstrates has been placed within the control of, or irrevocably committed to the use of, the Institute and is available for deposit as a capital contribution of that Institute in accordance with subsection (a). PART B—NATIVE HAWAIIANS 20 USC 4441.
 * 41 ^ of complying with the contribution requirement of subsection

SEC. 1521. PROGRAM FOR NATIVE HAWAIIAN CULTURE AND ARTS DEVELOPMENT.

(a) IN GENERAL.—The Secretary of the Interior is authorized to make grants for the purpose of supporting a program for Native Hawaiian culture and arts development to any private, nonprofit organization or institution which— (1) primarily serves and represents Native Hawaiians, and

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1611

(2) has been recognized by the Governor of the State of Hawaii for the purpose of making such organization or institution eligible to receive such grants. (b) PURPOSE OF GRANTS.—Grants made under subsection (a) shall, to the extent deemed possible by the Secretary and the recipient of the grant, be used— (1) to provide scholarly study of, and instruction in. Native Hawaiian art and culture, (2) to establish programs which culminate in the awarding of degrees in the various fields of Native Hawaiian art and culture, or (3) to establish centers and programs with respect to Native Hawaiian art and culture that are similar in purpose to the centers and programs described in subsections (b) and (c) of section 1510. (c) MANAGEMENT OF GRANTS.—

(1) Any organization or institution which is the recipient of a grant made under subsection (a) shall establish a governing board to manage and control the program with respect to which such grant is made. (2) The members of the governing board which is required to be established under paragraph (1) shall— (A) be Native Hawaiians or individuals widely recognized in the field of Native Hawaiian art and culture, (B) include a representative of the Office of Hawaiian Affairs of the State of Hawaii, (C) include the president of the University of Hawaii, (D) include the president of the Bishop Museum, and (E) shall serve for a fixed term of office. SEC. 1522. ADMINISTRATIVE PROVISIONS.

(a) PAYMENTS.—The Secretary may award grants under this part in installments, in advance, or by way of reimbursement and may make necessary adjustments in payments of grants on account of overpayments or underpayments. (b) RECOVERY OF OVERPAYMENTS.—

(1) If the Secretary or a court of competent jurisdiction finds that— (A) any person— (i) has— (I) made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or (II) knowingly failed, or caused another to fail, to disclose a material fact; and (ii) as a result of such action, has received any funds under this part which such person would not have otherwise received, or (B) any person misappropriates any funds paid by the Secretary under this part, such person shall be liable to repay the amount of such funds to the United States. Any such finding by the Secretary may be made only after an opportunity for a fair hearing. (2) Any amount repaid under this subsection shall be returned to the general fund of the Treasury of the United States. (c) PENALTIES.—Whoever—

(1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the

Grants.

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 100 STAT. 1612

PUBLIC LAW 99-498—OCT. 17, 1986

purpose of obtaining or increasing for such person or for any other person any payment of funds provided under this part, or (2) misappropriates any funds provided under this part, shall be fined not more than $1,000 or imprisoned for not more than one year, or both. " '*-* 20 USC 4451.

PART C—AUTHORIZATION OF APPROPRIATIONS

SEC. 1531. AUTHORIZATION OF APPROPRIATIONS.

(a) PART A.—There are authorized to be appropriated for the purpose of carrying out the provisions of part A of this title— (1) for fiscal year 1987, $4,000,000, and (2) for each succeeding fiscal year, such sums as may be necessary to carry out such provisions. OD) PART B.—There are authorized to be appropriated for the purpose of carrying out the provisions of part B of this title— (1) for fiscal year 1987, $1,000,000, and (2) for each succeeding fiscal year, such sums as may be necessary to carry out such provisions. TITLE XVI—UNITED STATES INSTITUTE OF PEACE SEC. 1601. AUTHORIZATIONS OF APPROPRIATIONS.

22 USC 4609 note.

(a) AUTHORIZATIONS OF APPROPRIATIONS.—(1) The first sentence of section 1710(a) of the United States Institute of Peace Act (22 U.S.C. 4609(a)) is amended— (A) by striking out "fiscal year 1985" and inserting in lieu thereof "fiscal year 1987"; and (B) by striking out "fiscal year 1986" and inserting in lieu thereof "fiscal year 1988". (2) The amendments made by paragraph (1) shall take effect on October 1, 1986. (b) AvAiLABiuTY OF FuNDS.—The second sentence of section 1710(a) of such Act (22 U.S.C. 4609(a)) is amended to read as follows: "Amounts appropriated under this section are authorized to remain available to the Institute until expended.". Approved October 17, 1986.

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LEGISLATIVE HISTORY—S. 1965 (H.R. 3700) (H.R. 2246): HOUSE REPORTS: No. 99-383 accompanying H.R. 3700 and No. 99-589 accompanying H.R. 2246 (both from Comm. on Education and Labor) and No. 99-861 (Comm. of Conference). SENATE REPORTS: No. 99-296 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 3, 4, H.R. 3700 considered and passed House. Vol. 132 (1986): May 13, H.R. 2246 considered and passed House. ^.>.,^ June 2, 3, S. 1965 considered and passed Senate. June 17, considered and passed House, amended, in lieu of H.R. '* ^"' ' 3700 and H.R. 2246. Sept. 24, House agreed to conference report. Sept. 25, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 17, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/511

 PUBLIC LAW 99-499—OCT. 17, 1986 99th Congress
 * Public Law 99-499

100 STAT. 1613

An Act

To extend and amend the C!omprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes. SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

This Act may be cited as the 'Superfund Amendments and Reauthorization Act of 1986". TABLE OF CONTENTS Short title and table of contents. CERCLA and Administrator. Limitation on contract and borrowing authority. Effective date.

Sec. Sec. Sec. Sec.

1. 2. 3. 4.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE I—PROVISIONS RELATING PRIMARILY TO RESPONSE AND LIABILITY 101. Amendments to definitions. 102. Reportable quantities. 103. Notices; penalties. 104. Response authorities. 105. National contingency plan. 106. Reimbursement. 107. Liability. 108. Financial responsibility. 109. Penalties. 110. Health-related authorities. 111. Uses of fund. 112. Claims procedure. .,^, 113. Litigation, jurisdiction, and venue. ' " '- > 114. Relationship to other law. 115. Delegation; regulations. 116. Schedules. 117. Public participation. 118. Miscellaneous provisions. ' 119. Response action contractors. 120. Federal facilities. 121. Cleanup standards. 122. Settlements. ' • '..'y&c 123. Reimbursement to local governments. 124. Methane recovery. 2A 125. Certain special study wastes. 126. Worker protection standards. ^ 127. Liability limits for ocean incineration vessels.

Sec. 201. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212.

,^,,.^ '^

TITLE II—MISCELLANEOUS PROVISIONS Post-closure liability program study, report to Congress, and suspension of liability transfers. Hazardous materials transportation. State procedural reform. Conforming amendment to funding provisions. Cleanup of petroleum from leaking underground storage tanks. Citizens suits. Indian tribes. Insurability study. Research, development, and demonstration. Pollution liability insurance. Department of Defense environmental restoration program. n-; Oversight and reporting requirements.

by the President on October 17, 1986.
 * Note: This is a subsequently typeset print of the hand enrollment which was signed

Oct. 17, 1986 [H.R. 2005] Superfund Amendments and Reauthorization Act of 1986. Hazardous materials. Environmental protection. 42 USC 9601 note.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/512

 100 STAT. 1614

PUBLIC LAW 99-499—OCT. 17, 1986

Sec. 213. Love Canal property acquisition.

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TITLE III—EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW Sec. 300. Short title; table of contents. ,%j

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Subtitle A—Emergency Planning and Notification

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Sec. 301. Establishment of State commissions, planning districts, and local committees. Sec. 302. Substances and facilities covered and notification. <«'•.'.; - >' Sec. 303. Comprehensive emergency response plans. Sec. 304. Emergency notification. ^^ Sec. 305. Emergency training and review of emergency systems. ' ^" ^*

'•

'

Relationship to other law. Trade secrets. Provision of information to health professionals, doctors, and nurses. Public availability of plans, data sheets, forms, and followup notices. Enforcement. Civil Actions. • ''* '^'^ '• Exemption. .. ' ,' Regulations. ^ -•-' . z • Definitions. Authorization of appropriations.

V

TITLE IV—RADON GAS AND INDOOR AIR QUALITY RESEARCH Sec. Sec. Sec. Sec. Sec. 42 USC 9601

401. 402. 403. 404. 405.

Short title. Findings. Radon gas and indoor air quality research program. Construction of title. Authorizations.

•' '

SEC. 2. CERCLA AND ADMINISTRATOR.

As used in this Act— (1) CERCLA.—The term "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C 9601 et seq.). (2) ADMINISTRATOR.—The term "Administrator" means the Administrator of the Environmental Protection Agency. 42 USC 9662.

SEC. 3. LIMITATION ON CONTRACT AND BORROWING AUTHORITY.

^

Any authority provided by this Act, including any amendment made by this Act, to enter into contracts to obligate the United States or to incur indebtedness for the repayment of which the United States is liable shall be effective only to such extent or in such amounts as are provided in appropriation Acts. 42 USC 9601

SEC. 4. EFFECTIVE DATE.

Except as otherwise specified in section 12105) of this Act or in any other provision of titles I, II, III, and IV of this Act, the amendments made by titles I through IV of this Act shall take effect on the enactment of this Act.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/513

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1615

TITLE I—PROVISIONS RELATING PRIMARILY TO RESPONSE AND LIABILITY SEC. 101. AMENDMENTS TO DEFINITIONS.

Post, p. 1652.

(a) INDIAN TRIBE.—Paragraph (16) of section 101 of CERCLA ^2 USC 960i. (defining "natural resources") is amended by striking "or" the last time it appears and inserting before the punctuation at the end thereof the following: ", any Indian tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe". (b) STATE OR LOCAL GOVERNMENT LIMITATION.—Paragraph (20) of

section 101 of CERCLA (defining "owner or operator") is amended as follows: (1) Add the following new subparagraph at the end thereof: "(D) The term 'owner or operator' does not include a unit of State or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, V abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign. The exclusion provided under this paragraph shall not apply to any State or local government which has • caused or contributed to the release or threatened release of i a hazardous substance from the facility, and such a State or local government shall be subject to the provisions of this Act in the same manner and to the same extent, both f procedurally and substantively, as any nongovernmental entity, including liability under section 107.". 42 USC 9607. (2) Amend clause (iii) of subparagraph (A) to read as follows: "(iii) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand,". (3) Capitalize the first word of subparagraphs (B) and (C) and '* substitute a period for the semicolon at the end of subparagraphs (A), (B), and (C). (c) RELEASE.—Paragraph (22) of section 101 of CERCLA (defining "release") is amended by inserting after "environment" the following: "(including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant)". (d) REMEDIAL ACTION.—Paragraph (24) of section 101 of CERCLA (defining "remedy" and "remedial action") is amended as follows: (1) Strike "welfare. The term does not include offsite transport" and all that follows down through the semicolon at the end of such paragraph and insert "welfare; the term includes > offsite transport and offsite storage, treatment, destruction, or n secure disposition of hazardous substances and associated contaminated materials.". (2) Strike "or" before "contaminated materials" and insert "and associated". (e) RESPONSE.—Section 101(25) of CERCLA (defining "respond" and "response") is amended by inserting at the end thereof the following: ", all such terms (including the terms 'removal' and 'remedial action') include enforcement activities related thereto.".

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Page:U.S. Department of the Interior Annual Report 1880.djvu/72

70

The reconstruction of that portion of the building which was destroyed by fire, is, with the exception of a few minor details, completed. The amount of money appropriated by Congress for this work was $250,000. The change of the plans originally authorized by Congress, June 20, 1878, necessitated certain expenditures which reduced the available balance to $244,920.48. The estimate submitted of the cost of the reconstruction under the plans authorized by act of March 3, 1879, was $250,000, and it is gratifying to state that the expenditures have not exceeded the available balance, above stated. The architect in charge estimates that $5,915 will be required to complete the ornamentation, construction of gallery-rails, furnishing rubber plates for steps, and for other necessary work which remains to be done.

The halls are a decided improvement over the old ones, being beautiful in design and more commodious in general arrangement. The additional gallery adds one-third to the space hitherto available, while the light is better than before. Credit is due to the architects and engineer in charge, not only for the original design, but for the fidelity with which the work has been supervised.

The supervising board appointed by Congress, consisting of the Commissioner of Patents, the Architect of the Capitol, and the Engineer in charge of public buildings, is entitled to no less credit for keeping the expenditures within the appropriation, and for the general management of the work.

The south and east halls are at present in a very insecure condition. Faulty construction has developed defects in the arches, which may prove of a serious character unless promptly remedied. In my last report I called attention to the insecure roof which now covers these two wings. It is little better than a tinder-box, and covering imperfect and badly constructed flues, may at any time endanger the safety of the building. The changes necessary to construct a fire-proof roof, and remedy the evils growing out of a faulty plan, would be so radical and expensive that I deem it in the interest of public economy to recommend the reconstruction of both wings on the plan adopted in the rebuilding of the north and west halls.

The sum of $90,000 has been asked for to carry out this plan on the south wing, and I earnestly hope that Congress may deem it advisable to appropriate the amount.

The walls and ceilings of the halls and rooms immediately under the reconstructed model-halls were seriously damaged by heat and water at the time of the fire.

The estimated cost for the necessary repairs is $10,000, and an appropriation of this amount is recommended.

An appropriation of $80,000 was made at the last session of Congress, to be used in fitting up the model-halls with fire-proof cases. Contracts


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Page:United States Statutes at Large Volume 100 Part 2.djvu/514

 100 STAT. 1616 42 USC 9601.

PUBLIC LAW 99-499—OCT. 17, 1986 (f) ADDITIONAL DEFINITIONS.—Section 101 of CERCLA is amended

by striking out "; and" at the end of paragraph (31) and substituting a period, by changing the semicolons at the end of paragraphs (1) through (29) to periods, by inserting "The term" at the beginning of paragraphs (1) through (22) and paragraphs (28) and (31), by inserting "The terms" at the beginning of paragraphs (23) through (27) and paragraphs (29), (30), and (32) by striking out ", the term" in the material preceding paragraph (1), and by adding the following new paragraphs at the end thereof: "(33) The term 'pollutant or contaminant' shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into ' the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will ii or may reasonably be anticipated to cause death, disease, behavi t ioral abnormalities, cancer, genetic mutation, physiological mal,'i functions (including malfunctions in reproduction) or physical r deformations, in such organisms or their offspring; except that i the term 'pollutant or contaminant' shall not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) '-'• and shall not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). ig "(34) The term 'alternative water supplies' includes, but is not J oj^ limited to, drinking water and household water supplies. g "(35)(A) The term 'contractual relationship', for the purpose 42 USC 9607. ^ of section 107(b)(3), includes, but is not limited to, land con^ tracts, deeds or other instruments transferring title or possession, unless the real property on which the facility concerned is located was acquired by the defendant after the disposal or placement of the hsizardous substance on, in, or at the facility, and one or more of the circumstances described in clause (i), (ii), '" or (iii) is also established by the defendant by a preponderance '^' of the evidence: "(i) At the time the defendant acquired the facility the &l defendant did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in, or at the facility. "(ii) The defendant is a government entity which ac' quired the facility by escheat, or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation, "(iii) The defendant acquired the facility by inheritance or bequest. .. In addition to establishing the foregoing, the defendant must b establish that he has satisfied the requirements of section 107(b)(3)(a) and (b). ti "(B) 'To establish that the defendant had no reason to know, as provided in clause (i) of subparagraph (A) of this paragraph, the defendant must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of jjj the property consistent with good commercial or customary practice in an effort to minimize liability. For purposes of the

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100 STAT. 1617

preceding sentence the court shall take into account any specialized knowledge or experience on the part of the defendant, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection. "(C) Nothing in this paragraph or in section 107(b)(3) shall f diminish the liability of any previous owner or operator of such facility who would otherwise be liable under this Act. Notwitht standing this paragraph, if the defendant obtained actual knowledge of the release or threatened release of a hazardous substance at such facility when the defendant owned the real property to another person without disclosing such knowledge, such defendant shall be treated as liable under section 107(a)(1) i and no defense under section 107(b)(3) shall be available to such r defendant. "(D) Nothing in this paragraph shall affect the liability under % this Act of a defendant who, by any act or omission, caused or contributed to the release or threatened release of a hazardous i substance which is the subject of the action relating to the facility. "(36) The term Indian tribe' means any Indian tribe, band, J nation, or other organized group or community, including any Alaska Native village but not including any Alaska Native for the special programs and services provided by the United States to Indians because of their status as Indians.".
 * property and then subsequently transferred ownership of the
 * regional or village corporation, which is recognized as eligible

42 USC 9607. Real property.

\i} £i

SEC. 102. REPORTABLE QUANTITIES.

Section 102(a) of CERCLA is amended by adding at the end thereof the following new sentences: "For all hazardous substances for which proposed regulations establishing reportable quantities were published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall promulgate under this subsection final regulations establishing reportable quantities not later than December 31, 1986. For all hazardous substances for which proposed regulations establishing reportable quantities were not published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall publish under this subsection proposed regulations establishing reportable quantities not later than December 31, 1986, and promulgate final regulations under this subsection establishing reportable quantities not later than April 30, 1988.".

Regulations. 42 USC 9602.

Federal Register, publication.

SEC. 103. NOTICES; PENALTIES.

Section 103(b) of CERCLA is amended by striking out "paragraph" in the last sentence and inserting in lieu thereof "subsection" and by adjusting the left hand margin of the text of such subsection following "federally permitted release," the third place it appears so that there is no indentation of such text.

Post, p. 1632.

SEC. 104. RESPONSE AUTHORITIES.

President of U.S. 42 USC 9604.

(a) RESPONSE BY POTENTIALLY RESPONSIBLE PARTIES; PUBLIC H E A L T H THREATS.—Section 104(a)(1) of CERCLA is amended by

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 100 STAT. 1618

PUBLIC LAW 99-499—OCT. 17, 1986

striking ", unless the President determines" and all that follows down through "party." and inserting a period and the following: "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 122. No remedial investigation or feasibility study (RI/FS) shall be au• ' ' ' thorized except on a determination by the President that the party is qualified to conduct the RI/FS and only if the President contracts i/'i J' 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.". 42 USC 9604. (b) REMOVAL AcTiON.—Section 104(a)(2) of CERCLA is amended to read as follows: "(2) REMOVAL ACTION.—Any removal action undertaken by the President under this subsection (or by any other person referred to in section 122) 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.". (c) LIMITATIONS ON RESPONSE.—Section 104(a) of CERCLA is further amended by adding after paragraph (2) the following new paragraphs: "(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 ^ manner.". (d) COORDINATION OF INVESTIGATIONS.—Section 104(b) of CERCLA is amended by inserting "(1) INFORMATION; STUDIES AND INVESTIGA-
 * * ' capability to respond to the emergency will do so in a timely

^

i -V

TIONS.—" after "(b)" and by adding at the end thereof the following new paragraph: "(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

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100 STAT. 1619

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.". (e) INITIAL OBLIGATION OF FUND.—

(1) LIMITATION.—Section 104(c)(1) of CERCLA is amended by 42 USC 9604. striking out "$1,000,000" and "six months" and inserting in lieu thereof "$2,000,000" and "12 months", respectively. (2) CONTINUED RESPONSE.—Section 104(c)(1) of CERCLA is amended by inserting before "obligations" the following: "or (C) continued response action is otherwise appropriate and consistent with the remedial action to be taken". (f) FACILITIES OWNED AND OPERATED BY STATES.—Paragraph (3) of
 * _,.

section 104(c) of CERCLA is amended by striking out "(ii) at least" Post, p. 1705. and all that follows through the period at the end thereof and inserting !'(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.". (g) CROSS REFERENCE TO CLEANUP STANDARDS.—Section 104(c)(4) of

CERCLA is amended to read as follows: "(4) SELECTION OF REMEDIAL ACTION.—The President shall select remedial actions to carry out this section in accordance with section 121 of this Act (relating to cleanup standards).". (h) STATE CREDITS.—Section 104(c) of CERCLA is amended by

adding the following new paragraph after paragraph (4): "(5) STATE CREDITS.— "(A) GRANTING OF CREDIT.—The President shall grant a State

Contracts,

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) 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 Claims. under this paragraph shall include funds expended or obligated

71-19A 0 -

- 18: QL. 3 Part 2

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PUBLIC LAW 99-499—OCT. 17, 1986

! 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 111.

^ -•*

Contracts.

10^' 4.?i'

Y -'

"(D) STATE EXPENSES AFTER DECEMBER i i, 1980, I N EXCESS O F lo PERCENT OF COSTS.—The credit under this paragraph shall in-

elude 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) and only to expenses incurred after December 11, 1980, but before the date of the enactment of this paragraph. "(E) ITEM-BY-ITEM APPROVAL.—In the case of expenditures made after the date of the enactment of this paragraph, the President may require prior approval of each item of expenditure as a condition of granting a credit under this paragraph. fo "(F) USE OF CREDITS.—Credits granted under this paragraph State to reduce all or part of the share of costs otherwise required to be paid by the State under paragraph (3) in connec* tion with remedial actions at such facility. If the amount of funds for which credit is allowed under this paragraph exceeds V 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.". (i) TREATMENT OF CERTAIN ACTIVITIES AS MAINTENANCE OR REMEDIAL ACTION.—Section 104(c) of CERCLA is amended by adding
 * for funds expended with respect to a facility may be used by the

Si -ia'>

the following new paragraphs after paragraph (5): "(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 Qf 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 26 USC 9501. of the Internal Revenue Code of 1954 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 Act.". 0) RECONTRACTING.—Section 104(c) of CERCLA is amended by adding the following new paragraph after paragraph (7): "(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 .miiMi'j environment where the performance of a complete remedial action requires recontracting because of the discovery of sources, types, or

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100 STAT. 1621

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.". (k) SITING.—Section 104(c) of CERCLA is amended by adding the following new paragraph after paragraph (8): "(9) SITING.—Effective 3 years after the enactment of the Contracts. Superfund Amendments and Reauthorization Act of 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 r authority, .'ti; s, "(C) are acceptable to the President, and s "(D) are in compliance with the requirements of subtitle C of the Solid Waste Disposal Act.". 42 USC 6921. (1) COOPERATIVE AGREEMENTS WITH STATES.—Section 104(d)(1) of

CERCLA is amended to read as follows: "(1) COOPERATIVE AGREEMENTS.—

t

J I 1 0 1

I

i J

"(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 Indians. 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 105(a)(8) and to carry out related enforcement actions, the 42 USC 9605. 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 jfacilities. "(C) REIMBURSEMENTS.—Any State which expended funds during the period beginning September 30, 1985, and ending on the date of the enactment of this subparagraph for response actions at any site included on the National Priorities List and subject to a cooperative agreement under this Act shall be reimbursed for the share of costs of such actions for which the Federal Government is responsible under this Act.". (m) INFORMATION GATHERING AND ACCESS AUTHORITIES.—Section

104(e) of CERCLA is amended by redesignating paragraph (2) as paragraph (7) and aligning the margin of such paragraph with paragraphs (1) through (6) of such subsection, by inserting "CoNFIDENTIAUTY OF INFORMATION.—" before "(A) Any records", by strik-

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PUBLIC LAW 99-499—OCT. 17, 1986

ing out paragraph (1), and by striking out "(e)" and inserting in lieu thereof the following: Law enforcement and crime. Maritime affairs.

Maritime affairs.

Maritime affairs.

"(e) INFORMATION GATHERING AND ACCESS.— "(1) ACTION AUTHORIZED.—Any officer,

^f

employee, or rep-

resentative 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 K 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) 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 title, or otherwise enforcing the provisions of this title. "(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 docu^'' ments 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, -i* 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: t "(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 ,t'•>"' released. sf "(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

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100 STAT. 1623

response or the appropriate response or to effectuate a response action under this title. "(4) INSPECTION AND SAMPLES.—

"(A) AUTHORITY.—Any officer, employee or representa- Maritime tive described in paragraph (1) is authorized to inspect and affairs. 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. s* T' "(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 cir'. IS cumstances 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. '—

Law enforcement and crime.

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PUBLIC LAW 99-499—OCT. 17, 1986

s

42 USC 9604. Classified information.

Public information.

"(6) OTHER AUTHORITY.—Nothing in this subsection shall preclude the President from securing access or obtaining information in any other lawful manner.", (n) BASIS FOR WITHHOLDING INFORMATION.—Paragraph (7) of section 104(e) of CERCLA (formerly paragraph (2), as redesignated by subsection (1) of this section) is amended by adding the following new subparagraphs at the end thereof: "(E) No person required to provide information under this Act 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, 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 V ^;,, 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 - ? - • ^j^g 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 ii> 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.", (o) ACQUISITION OF PROPERTY.—

(1) IN GENERAL.—Section 104 of CERCLA is amended by adding the following new subsection at the end thereof: "(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 ,iax his discretion determines is needed to conduct a remedial action under this Act. There shall be no cause of action to compel the

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100 STAT. 1625

President to acquire any interest in real property under this Act. "(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 Act solely as a result of acquiring an interest in real estate under this subsection.".

(Contracts,

<

,. • •-

SEC. 105. NATIONAL CONTINGENCY PLAN.

(a) SUBSECTION (a) OF SECTION 105.—Section 105 of CERCLA is 42 USC 9605. amended as follows: (1) HEADING.—Insert "(a) REVISION AND REPUBLICATION.—"

after "105.". (2) HAZARD RANKING SYSTEM.—In paragraph (8)(A) insert the following after "ecosystems,": "the damage to natural resources which may affect the human food chain and which is associated with any release or threatened release, the contamination or potential contamination of the ambient air which is associated o.\ with the release or threatened release,". II (3) NATIONAL PRIORITY UST.—In paragraph (8)(B): (A) Strike out "at least four hundred of'. (B) Strike out "facilities at least" and insert in lieu f A < 5 thereof' 'facilities''. (C) Insert after "in such State." the following: "A State State and local r,.' shall be allowed to designate its highest priority facility governments. only once.". ^ (4) CONFORMING AMENDMENT.—In paragraph (9) insert after "therefor" the following: "and including consideration of minore- ity firms in accordance with subsection (f)". li

(5) STANDARDS AND PROCEDURES FOR INNOVATIVE TREATMENT TECHNOLOGIES.—Strike out "and" at the end of paragraph (8),

strike out the period at the end of paragraph (9) and insert in lieu thereof "; and", and insert after paragraph (9) the following r new paragraph: "(10) standards and testing procedures by which alternative or innovative treatment technologies can be determined to be i; appropriate for utilization in response actions authorized by this Act.". (b) NEW SUBSECTIONS.—Section 105 of CERCLA is amended by President of U.S. adding the following new subsections at the end thereof: "(b) REVISION OF PLAN.—Not later than 18 months after the ' in? t enactment of the Superfund Amendments and Reauthorization Act of 1986, the President shall revise the National Contingency Plan to reflect the requirements of such amendments. The portion of such Plan known as 'the National Hazardous Substance Response Plan' shall be revised to provide procedures and standards for remedial actions undertaken pursuant to this Act which are consistent with amendments made by the Superfund Amendments and Reauthorization Act of 1986 relating to the selection of remedial action. "(c) HAZARD RANKING SYSTEM.— Regulations. "(1) REVISION.—Not later than 18 months after the enactment m of the Superfund Amendments and Reauthorization Act of 1986

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Page:United States Statutes at Large Volume 100 Part 2.djvu/524

 100 STAT. 1626 V Health and medical care. President of U.S.

PUBLIC LAW 99-499—OCT. 17, 1986 and after publication of notice and opportunity for submission of comments in accordance with section 553 of title 5, United States Code, the President shall by rule promulgate amendments to the hazard ranking system in effect on September 1, 1984. Such amendments shall assure, to the maximum extent feasible, that the hazard ranking system accurately assesses the relative degree of risk to human health and the environment posed by sites and facilities subject to review. The President shall establish an effective date for the amended hazard ranking system which is not later than 24 months after enactment of the Superfund Amendments and Reauthorization Act of 1986. Such amended hazard ranking system shall be applied to any site or facility to be newly listed on the National Priorities List after the effective date established by the President. Until such effective date of the regulations, the hazard ranking system in effect on September 1, 1984, shall continue in full force and effect. "(2) HEALTH ASSESSMENT OF WATER CONTAMINATION RISKS.—In

• ji 7

Health and medical care.

President of U.S.

carrying out this subsection, the President shall ensure that the human health risks associated with the contamination or potential contamination (either directly or as a result of the runoff of any hazardous substance or pollutant or contaminant from sites or facilities) of surface water are appropriately assessed where such surface water is, or can be, used for recreation or potable water consumption. In making the assessment required pursuant to the preceding sentence, the President shall take into account the potential migration of any hazardous substance or pollutant or contaminant through such surface water to downstream sources of drinking water.

"(3) REEVALUATION NOT REQUIRED.—The President shall not be required to reevaluate, after the date of the enactment of the Tv Superfund Amendments and Reauthorization Act of 1986, the hazard ranking of any facility which was evaluated in accordance with the criteria under this section before the effective date of the amendments to the hazard ranking system under this subsection and which was assigned a national priority under the National Contingency Plan. r "(4) NEW INFORMATION.—Nothing in paragraph (3) shall preclude the President from taking new information into account in undertaking response actions under this Act. "(d) PETITION FOR ASSESSMENT OF RELEASE.—Any person who is, or may be, affected by a release or threatened release of a hazardous substance or pollutant or contaminant, may petition the President to conduct a preliminary assessment of the hazards to public health and the environment which are associated with such release or threatened release. If the President has not previously conducted a preliminary assessment of such release, the President shall, within 12 months after the receipt of any such petition, complete such assessment or provide an explanation of why the assessment is not appropriate. If the preliminary assessment indicates that the release or threatened release concerned may pose a threat to human health or the environment, the President shall promptly evaluate such release or threatened release in accordance with the hazard ranking system referred to in paragraph (8)(A) of subsection (a) to determine the national priority of such release or threatened release. "(e) RELEASES FROM EARLIER SITES.—Whenever there has been, after January 1, 1985, a significant release of hazardous substances

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/525

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1627

or pollutants or contaminants from a site which is listed by the President as a 'Site Cleaned Up To Date' on the National Priorities -K,}! List (revised edition, December 1984) the site shall be restored to the National Priorities List, without application of the hazard ranking system. "(f) MINORITY CONTRACTORS.—In awarding contracts under this Act, the President shall consider the availability of qualified minority firms. The President shall describe, as part of any annual report Reports, submitted to the Congress under this Act, the participation of minority firms in contracts carried out under this Act. Such report shall contain a brief description of the contracts which have been awarded to minority firms under this Act and of the efforts made by the President to encourage the participation of such firms in programs carried out under this Act. "(g) SPECIAL STUDY WASTES.—

5.^,

"(1) APPLICATION.—This subsection applies to facilities— '^'' ' "(A) which as of the date of enactment of the Superfund Amendments and Reauthorization Act of 1986 were not included on, or proposed for inclusion on, the National Priorities List; and "(B) at which special study wastes described in paragraph (2), (3)(A)(ii) or (3)(A)(iii) of section 3001(b) of the Solid Waste Disposal Act are present in significant quantities, including 42 USC 6921. any such facility from which there has been a release of a special study waste. "(2) CONSIDERATIONS IN ADDING FACILITIES TO NPL.—Pending

revision of the hazard ranking system under subsection (c), the President shall consider each of the following factors in adding "(A) The extent to which hazard ranking system score for " the facility is affected by the presence of any special study i' i waste at, or any release from, such facility. -1 "(B) Available information as to the quantity, toxicity, • •- ' and concentration of hazardous substances that are constituents of any special study waste at, or released from such facility, the extent of or potential for release of such hazardous constituents, the exposure or potential exposure to human population and the environment, and the degree of hazard to human health or the environment posed by the release of such hazardous constituents at such facility. This subparagraph refers only to available information on actual concentrations of hazardous substances and not on the total f quantity of special study waste at such facility. "(3) SAVINGS PROVISIONS.—Nothing in this subsection shall be f construed to limit the authority of the President to remove any ( facility which as of the date of enactment of the Superfund g Amendments and Reauthorization Act of 1986 is included on the National Priorities List from such List, or not to list any facility which as of such date is proposed for inclusion on such list. "(4) INFORMATION GATHERING AND ANALYSIS.—Nothing in this Act shall be construed to preclude the expenditure of monies from the Fund for gathering and analysis of information which will enable the President to consider the specific factors required by paragraph (2).". -
 * facilities covered by this section to the National Priorities List:

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/526

 100 STAT. 1628 Claims.

PUBLIC LAW 99-499—OCT. 17, 1986

SEC. 106. REIMBURSEMENT.

.

,

Post, p. 1633.

Section 106(b) of CERCLA is amended as follows: (1) Insert "(D" after "(b)". 51' (2) Strike out "who willfully" and insert "who, without sufficient cause, willfully". (3) Add at the end thereof the following new paragraph: "(2)(A) Any person who receives and complies with the terms w uil^H -J of any order issued under subsection (a) may, within 60 days i, after completion of the required action, petition the President for reimbursement from the Fund for the reasonable costs of such action, plus interest. Any interest payable under this ff paragraph shall accrue on the amounts expended from the date .i3 of expenditure at the same rate as specified for interest on investments of the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code 26 USC 9501. of 1954. "(B) If the President refuses to grant all or part of a petition
 * ,'," made under this paragraph, the petitioner may within 30 days

T;^ of receipt of such refusal file an action against the President in '** the appropriate United States district court seeking reimbursement from the Fund. "(C) Except as provided in subparagraph (D), to obtain reimbursement, the petitioner shall establish by a preponderance •m - J r t i; <?!. of the evidence that it is not liable for response costs under 42 USC 9607. section 107(a) and that costs for which it seeks reimbursement are reasonable in light of the action required by the relevant order. "(D) A petitioner who is liable for response costs under section 107(a) may also recover its reasonable costs of response to the extent that it can demonstrate, on the administrative record, that the President's decision in selecting the response action yl ordered was arbitrary and capricious or was otherwise not in accordance with law. Reimbursement awarded under this , 'i subparagraph shall include all reasonable response costs incurred by the petitioner pursuant to the portions of the order found to be arbitrary and capricious or otherwise not in accordance with law. "(E) Reimbursement awarded by a court under subparagraph (C) or (D) may include appropriate costs, fees, and other expenses in accordance with subsections (a) and (d) of section 2412 of title 28 of the United States Code.". 42 USC 9607.

SEC. 107. LIABILITY.

(a) FOREIGN VESSELS.—Section 107(a)(1) of CERCLA is amended by striking out "(otherwise subject to the jurisdiction of the United States)^'. Post, p. 1705.

Post, p. 1636.

(b) RECOVERABLE COSTS AND DAMAGES.—Section 107(a) of CERCLA

is amended by striking out "and" at the end of subparagraph (B), striking out the period at the end of subparagraph (C) and inserting "; and" and inserting at the end thereof the following: "(D) the costs of any health assessment or health effects study carried out under section 104(i). The amounts recoverable in an action under this section shall include interest on the amounts recoverable under subparagraphs (A) through (D). Such interest shall accrue from the later of (i) the date payment of a specified amount is demanded in writing, or (ii) the date of the expenditure concerned. The rate of interest on the

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/527

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1629

outstanding unpaid balance of the amounts recoverable under this section shall be the same rate as is specified for interest on investments of the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1954. For purposes of applying such amendments to interest under this subsection, the term 'comparable maturity' shall be determined with reference to the date on which interest accruing under this subsection commences.". (c) RENDERING CARE OR ADVICE; EMERGENCY RESPONSE ACTIONS.—

Section 107(d) of CERCLA is amended to read as follows:

26 USC 9501.

Claims. 42 USC 9607.

"(d) RENDERING CARE OR ADVICE.—

gj ^ '. ci ., J ,

"(1) IN GENERAL.—Except as provided in paragraph (2), no person shall be liable under this title for costs or damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice in accordance with the National Contingency Plan CNCP') or at the direction of an onscene coordinator appointed under such plan, with respect to an incident creating a danger to public health or welfare or the environment as a result of any releases of a hazardous substance or the threat thereof. This paragraph shall not preclude liability for costs or damages as the result of negligence on the part of such person.

J,

"(2) STATE AND LOCAL GOVERNMENTS.—No State or local

',

government shall be liable under this title for costs or damages as a result of actions taken in response to an emergency created by the release or threatened release of a hazardous substance generated by or from a facility owned by another person. This paragraph shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the State or local government. For the purpose of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence. "(3) SAVINGS PROVISION.—This subsection shall not alter the liability of any person covered by the provisions of paragraph (1), (2), (3), or (4) of subsection (a) of this section with respect to the release or threatened release concerned.".

ic

(d) NATURAL RESOURCES.— (1) DESIGNATION OF FEDERAL AND STATE OFFICIALS.—Section 107(f) of CERCLA is amended by inserting "(1) NATURAL RESOURCES LIABILITY.—" after "(f)" and by adding at the end

Health and medical care.

Post, p. 1705.

thereof the following new paragraphs: "(2) DESIGNATION OF FEDERAL AND STATE OFFICIALS.—

, '^

"(A) FEDERAL.—The President shall designate in the Na- President of U.S. tional Contingency Plan published under section 105 of this Act the Federal officials who shall act on behalf of the public as trustees for natural resources under this Act and section 311 of the Federal Water Pollution Control Act. 33 USC 1321. Such officials shall assess damages for injury to, destruction of, or loss of natural resources for purposes of this Act and such section 311 for those resources under their trusteeship and may, upon request of and reimbursement from a State and at the Federal officials' discretion, assess damages for those natural resources under the State's trusteeship. "(B) STATE.—The Governor of each State shall designate State officials who may act on behalf of the public as trustees for natural resources under this Act and section 311 of the Federal Water Pollution Control Act and shall

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/528

 100 STAT. 1630

PUBLIC L A W 99-499—OCT. 17, 1986

f r?i * 33 USC 1321.

notify the President of such designations. Such State officials shall assess damages to natural resources for the purposes of this Act and such section 311 for those natural resources under their trusteeship. "(C) REBUTTABLE PRESUMPTION.—Any determination or

' 33 USC 1321. 42 USC 9651.

'• 42 USC 9607.

President of U.S. 42 USC 9651.

42 USC 9607.

eiaims.

assessment of damages to natural resources for the purposes of this Act and section 311 of the Federal Water Pollution Control Act made by a Federal or State trustee in accordance with the regulations promulgated under section 301(c) of this Act shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or judicial proceeding under this Act or section 311 of the Federal Water Pollution Control Act.". (2) USE OF RECOVERED FUNDS.—Section 107(fKl) of CERCLA (as designated by paragraph (1) of this subsection) is amended by striking out the third sentence and inserting in lieu thereof the following: "Sums recovered by the United States Government as trustee under this subsection shall be retained by the trustee, without further appropriation, for use only to restore, replace, or acquire the equivalent of such natural resources. Sums recovered by a State as trustee under this subsection shall be available for use only to restore, replace, or acquire the equivalent of such natural resources by the State. The measure of damages in any action under subparagraph (C) of subsection (a) shall not be limited by the sums which can be used to restore or replace such resources. There shall be no double recovery under this Act for natural resource damages, including the costs of damage assessment or restoration, rehabilitation, or acquisition for the same release and natural resource". (3) DEADLINE FOR SECTION 301 REGULATIONS.—Section 301(c)(l)

of CERCLA is amended by adding the following at the end thereof: "Notwithstanding the failure of the President to promulgate the regulations required under this subsection on ,^^ the required date, the President shall promulgate such regulations not later than 6 months after the enactment of the Superfund Amendments and Reauthorization Act of 1986.". (e) FEDERAL AGENCIES.—Section 107(g) of CERCLA is amended to read as follows: "(g) FEDERAL AGENCIES.—For provisions relating to Federal agencies, see section 120 of this Act." (f) FEDERAL LIEN.—Section 107 of CERCLA is amended by adding at the end thereof the following new subsection:

Real property. Maritime affairs.

"(1) FEDERAL LIEN.—

•UH

"(1) IN GENERAL.—All costs and damages for which a person is liable to the United States under subsection (a) of this section (other than the owner or operator of a vessel under paragraph (1) of subsection (a)) shall constitute a lien in favor of the United States upon all real property and rights to such property which— "(A) belong to such person; and "(B) are subject to or affected by a removal or remedial action. "(2) DURATION.—The lien imposed by this subsection shall arise at the later of the following: "(A) The time costs are first incurred by the United States with respect to a response action under this Act.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/529

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1631

>

"(B) The time that the person referred to in paragraph (1) is provided (by certified or registered mail) written notice of f£c potential liability. Such lien shall continue until the liability for the costs (or a judgment against the person arising out of such liability) is satisfied or becomes unenforceable through operation of the statute of limitations provided in section 113. Post, p. 1647. "(3) NOTICE AND VALIDITY.—The lien imposed by this subsec- State and local tion shall be subject to the rights of any purchaser, holder of a governments. security interest, or judgment lien creditor whose interest is perfected under applicable State law before notice of the lien has been filed in the appropriate office within the State (or county or other governmental subdivision), as designated by State law, in which the real property subject to the lien is Z located. Any such purchaser, holder of a security interest, or judgment lien creditor shall be afforded the same protections against the lien imposed by this subsection as are afforded ,, under State law against a judgment lien which arises out of an, unsecured obligation and which arises as of the time of the "' filing of the notice of the lien imposed by this subsection. If the State has not by law designated one office for the receipt of such notices of liens, the notice shall be filed in the office of the clerk of the United States district court for the district in which the real property is located. For purposes of this subsection, the terms 'purchaser' and 'security interest' shall have the definitions provided under section 6323(h) of the Internal Revenue \ Code of 1954. 26 USC 6323. "(4) ACTION IN REM.—The costs constituting the lien may be ^ recovered in an action in rem in the United States district court ' for the district in which the removal or remedial action is occurring or has occurred. Nothing in this subsection shall affect the right of the United States to bring an action against any person to recover all costs and damages for which such person is liable under subsection (a) of this section. "(m) MARITIME LIEN.—All costs and damages for which the owner Maritime or operator of a vessel is liable under subsection (a)(1) with respect to affairs. a release or threatened release from such vessel shall constitute a maritime lien in favor of the United States on such vessel. Such costs may be recovered in an action in rem in the district court of the United States for the district in which the vessel may be found. Nothing in this subsection shall affect the right of the United States to bring an action against the owner or operator of such vessel in any court of competent jurisdiction to recover such costs.". SEC. 108. FINANCIAL RESPONSIBILITY.

42 USC 9608.

(a) EVIDENCE OF FINANCIAL RESPONSIBILITY.—Section 108(b)(2) of CERCLA is amended by adding the following at the end thereof: "Financial responsibility may be established by any one, or any combination, of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. In promulgating President of U.S. requirements under this section, the President is authorized to, ^^ . specify policy or other contractual terms, conditions, or defenses which are necessary, or which are unacceptable, in establishing such evidence of financial responsibility in order to effectuate the purposes of this Act.". (b) PHASE-IN PERIOD.—Section 108(b)(3) of CERCLA is amended by striking out "over a period of not less than three and no more than

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Page:United States Statutes at Large Volume 100 Part 2.djvu/530

 100 STAT. 1632

PUBLIC LAW 99-499—OCT. 17, 1986

six years" and inserting in lieu thereof "as quickly as can reasonably be achieved but in no event more than 4 years". (c) DIRECT AcTiON; LiABiliTY.—Subsections (c) and (d) of section 108 of CERCLA are amended to read as follows:

Claims. 42 USC 9608.

"(c) DIRECT ACTION.— ^* "(1) RELEASES FROM VESSELS.—In

the case of a release or • '• ^ threatened release from a vessel, any claim authorized by section 107 or 111 may be asserted directly against any guarantor providing evidence of financial responsibility for such vessel under subsection (a). In defending such a claim, the guarantor " may invoke all rights and defenses which would be available to ^' the owner or operator under this title. The guarantor may also «> invoke the defense that the incident was caused by the willful ^ • misconduct of the owner or operator, but the guarantor may not invoke any other defense that the guarantor might have been entitled to invoke in a proceeding brought by the owner or operator against him. "(2) RELEASES FROM FACILITIES.—In the case of a release or threatened release from a facility, any claim authorized by section 107 or 111 may be asserted directly against any guarantor providing evidence of financial responsibility for such facility under subsection 0)), if the person liable under section 107 is in bankruptcy, reorganization, or arrangement pursuant to the 11 USC 101 et Federal Bankruptcy Code, or if, with reasonable diligence, juris««9diction in the Federal courts cannot be obtained over a person liable under section 107 who is likely to be solvent at the time of . judgment. In the case of any action pursuant to this paragraph, the guarantor shall be entitled to invoke all rights and defenses which would have been available to the person liable under section 107 if any action had been brought against such person by the claimant and all rights and defenses which would have been available to the guarantor if an action had been brought against the guarantor by such person. fl

•'*"*'

42 USC 9603.

"(d) LIMITATION OF GUARANTOR LIABILITY.—

"(1) TOTAL LIABILITY.—The total liability of any guarantor in a direct action suit brought under this section shall be limited to the aggregate amount of the monetary limits of the policy of insurance, guarantee, surety bond, letter of credit, or similar instrument obtained from the guarantor by the person subject to liability under section 107 for the purpose of satisfying the requirement for evidence of financial responsibility. "(2) OTHER LIABILITY.—Nothing in this subsection shall be construed to limit any other State or Federal statutory, contractual, or common law liability of a guarantor, including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed, interpreted, or applied to diminish the liability of any person under section 107 of this Act or other applicable law.". SEC. 109. PENALTIES. (a) VIOLATIONS AND CRIMINAL PENALTIES.—

. 5s^

(1) NOTICE.—Section 103(b) of CERCLA is amended as follows: (A) Insert after "knowledge of such release" the following: "or who submits in such a notification any information which he knows to be false or misleading".

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text:
Page:U.S. Department of the Interior Annual Report 1880.djvu/73

Rh have been entered into for the construction of as many as can be obtained for the amount named. As the original estimate for this purpose was $160,000, an additional sum of $80,000 will be needed to supply both halls with the number of cases required.

The number of patients in the hospital June 30, 1879, was 819, of whom 617 were males and 202 females.

The number admitted during the year was 225, of whom 181 were males and 44 females. The number discharged as having recovered was 52, improved 33, unimproved 3; 46 males and 13 females died.

The number remaining in the hospital June 30, 1880, was 897, of whom 691 were males and 206 females. Of those under treatment during the year, 529 were from the Army, 53 from the Navy, 462 from civil life.

The report of the Board of Visitors gives a synopsis of the operations of the hospital during the whole period of its existence.

The records show that of the 4,940 cases treated in the hospital during the twenty-five years of its existence, 2,095 recovered.

The estimates for the next fiscal year are as follows:

One purpose for which the last-mentioned appropriation is asked is to furnish the hospital with a supply of pure water. The hospital has hitherto been supplied with water from the Anacostia River, immediately in front of the hospital grounds. It evidently contains impurities rendering it unfit for use, and these impurities will increase year by year. It is estimated that $25,000 will be required to connect the hospital with the water supply of the city of Washington.

In my opinion this improvement should be made without delay.

The hospital farm has not sufficient accommodations for the shelter of stock and the proper protection of the harvested crops.

An appropriation of $5,000 is asked for additional farm buildings. I recommend that this appropriation be made.

The Board of Visitors also recommend the erection of a suitable mortuary building, a greenhouse, and a kitchen detached from the main building. I concur in these recommendations, and also in the recommendation that provision be made for the erection of a distinct hospital building for the female insane, to cost $250,000, to be completed in three years, and that the sum of $75,000 be appropriated for this purpose for the year ending June 30, 1882.

The sum of $143,000 was appropriated for the support of patients during the present fiscal year. It is estimated that $175,000 will be required for this purpose, and that an additional sum of $5,000 will be required for ordinary repairs and improvement to keep the property


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/531

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1633

(B) Strike out "not more than $10,000 or imprisoned for not more than one year, or both" and insert in lieu thereof "in accordance with the applicable provisions of title 18 of the United States Code or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both". (2) DESTRUCTION OF RECORDS.—Section 103(d)(2) of CERCLA is 42 USC 9603. for not more than one year or both." and inserting in lieu thereof "in accordance with the applicable provisions of title 18 of the United States Code or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both.". (3) FALSE INFORMATION.—Section
 * amended by striking out "not more than $20,000, or imprisoned

112(b)(1) of CERCLA is

42 USC 9612.

amended by striking out "up to $5,000 or imprisoned for not more than one year, or both" and inserting in lieu thereof "in accordance with the applicable provisions of title 18 of the " United States Code or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both". (b) SECTION 106 PENALTY.—Section 106(b) of CERCLA is amended 42 USC 9606. by striking out "$5,000" and inserting in lieu thereof "$25,000". (c) CIVIL PENALTIES AND AWARDS.—Section 109 of CERCLA is amended to read as follows: "SEC. 109. CIVIL PENALTIES AND AWARDS.

President of U.S.

"(a) CLASS I ADMINISTRATIVE PENALTY.—

. ^

"(1) VIOLATIONS.—A civil penalty of not more than $25,000 per violation may be assessed by the President in the case of any of the following— "(A) A violation of the requirements of section 103(a) or (b) (relating to notice). ..^ "(B) A violation of the requirements of section 103(d)(2) (relating to destruction of records, etc.). "(C) A violation of the requirements of section 108 (relating to financial responsibility, etc.), the regulations issued .,.. under section 108, or with any denial or detention order under section 108. f.., "(D) A violation of an order under section 122(d)(3) (relatV - ing to settlement agreements for action under section Vf, 104(b)). "(E) Any failure or refusal referred to in section 122(1) ,;.. (relating to violations of administrative orders, consent decrees, or agreements under section 120). "(2) NOTICE AND HEARINGS.—No civil penalty may be assessed 1 under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation. "(3) DETERMINING AMOUNT.—In determining the amount of

'.

any penalty assessed pursuant to this subsection, the President shall take into account the nature, circumstances, extent and gravity of the violation or violations and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.

.j,;r ".;•>. ',

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text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/532

 100 STAT. 1634

President of U.S. Records.

- J i l ' ' " ' vj'"

Ante, p. 1632. Ante, p. 1633.

PUBLIC LAW 99-499—OCT. 17, 1986

"(4) REVIEW.—Any person against whom a civil penalty is c assessed under this subsection may obtain review thereof in the • appropriate district court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the President, The President shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed. If any person fails ,; to pay an assessment of a civil penalty after it has become a 5 final and unappealable order or after the appropriate court has entered final judgment in favor of the United States, the Presij dent may request the Attorney General of the United States to institute a civil action in an appropriate district court of the -., United States to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to review the violation and the assessment of the civil penalty on the record. "(5) SUBPOENAS.—The President may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this subsection. In case of contumacy or refusal to, obey a subpoena issued pursuant to this paragraph and served ',-. upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the , ^ administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to ' obey such order of the court may be punished by such court as a contempt thereof. "(b) CLASS II ADMINISTRATIVE PENALTY.—A civil penalty of not more than $25,000 per day for each day during which the violation continues may be assessed by the President in the case of any of the following— "(1) A violation of the notice requirements of section 103(a) or (b). "(2) A violation of section 103(d)(2) (relating to destruction of records, etc.). ito financial responsibility, etc.), the regulations issued under section 108, or with any denial or detention order under section 108. "(4) A violation of an order under section 122(d)(3) (relating to settlement agreements for action under section 104(b)). "(5) Any failure or refusal referred to in section 122(1) (relating to violations of administrative orders, consent decrees, or agreements under section 120). In the case of a second or subsequent violation the amount of such penalty may be not more than $75,000 for each day during which the violation continues. Any civil penalty under this subsection shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for hearing on the record in accordance with section 554 of title 5 of the United States Code. In any proceeding for the assessment of a civil penalty under this subsection the President may issue subpoenas for the attendance
 * V "(3) A violation of the requirements of section 108 (relating to

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