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(continued)
through contractors or other non-Federal entities, and of
establishing and maintaining damage assessment capability, for
any Federal agency involved in strike forces, emergency task
forces, or other response teams under the national contingency
plan.
(6) Subject to such amounts as are provided in appropriation
Acts, the costs of a program to protect the health and safety of
employees involved in response to hazardous substance releases.
Such program shall be developed jointly by the Environmental
Protection Agency, the Occupational Safety and Health
Administration, and the National Institute for Occupational
Safety and Health and shall include, but not be limited to,
measures for identifying and assessing hazards to which persons
engaged in removal, remedy, or other response to hazardous
substances may be exposed, methods to protect workers from such
hazards, and necessary regulatory and enforcement measures to
assure adequate protection of such employees.
(7) Evaluation costs under petition provisions of section
9605(d). - Costs incurred by the President in evaluating
facilities pursuant to petitions under section 9605(d) of this
title (relating to petitions for assessment of release).
(8) Contract costs under section 9604(a)(1). - The costs of
contracts or arrangements entered into under section 9604(a)(1)
of this title to oversee and review the conduct of remedial
investigations and feasibility studies undertaken by persons
other than the President and the costs of appropriate Federal and
State oversight of remedial activities at National Priorities
List sites resulting from consent orders or settlement
agreements.
(9) Acquisition costs under section 9604(j). - The costs
incurred by the President in acquiring real estate or interests
in real estate under section 9604(j) of this title (relating to
acquisition of property).
(10) Research, development, and demonstration costs under
section 9660. - The cost of carrying out section 9660 of this
title (relating to research, development, and demonstration),
except that the amounts available for such purposes shall not
exceed the amounts specified in subsection (n) of this section.
(11) Local government reimbursement. - Reimbursements to local
governments under section 9623 of this title, except that during
the 8-fiscal year period beginning October 1, 1986, not more than
0.1 percent of the total amount appropriated from the Fund may be
used for such reimbursements.
(12) Worker training and education grants. - The costs of
grants under section 9660a of this title for training and
education of workers to the extent that such costs do not exceed
$20,000,000 for each of the fiscal years 1987, 1988, 1989, 1990,
1991, 1992, 1993, and 1994.
(13) Awards under section 9609. - The costs of any awards
granted under section 9609(d) of this title.
(14) Lead poisoning study. - The cost of carrying out the study
under subsection (f) of section 118 of the Superfund Amendments
and Reauthorization Act of 1986 (relating to lead poisoning in
children).
(d) Additional limitations
(1) No money in the Fund may be used under subsection (c)(1) and
(2) of this section, nor for the payment of any claim under
subsection (b) of this section, where the injury, destruction, or
loss of natural resources and the release of a hazardous substance
from which such damages resulted have occurred wholly before
December 11, 1980.
(2) No money in the Fund may be used for the payment of any claim
under subsection (b) of this section where such expenses are
associated with injury or loss resulting from long-term exposure to
ambient concentrations of air pollutants from multiple or diffuse
sources.
(e) Funding requirements respecting moneys in Fund; limitation on
certain claims; Fund use outside Federal property boundaries
(1) Claims against or presented to the Fund shall not be valid or
paid in excess of the total money in the Fund at any one time. Such
claims become valid only when additional money is collected,
appropriated, or otherwise added to the Fund. Should the total
claims outstanding at any time exceed the current balance of the
Fund, the President shall pay such claims, to the extent authorized
under this section, in full in the order in which they were finally
determined.
(2) In any fiscal year, 85 percent of the money credited to the
Fund under subchapter II )2(! of this chapter shall be available
only for the purposes specified in paragraphs (1), (2), and (4) of
subsection (a) of this section. No money in the Fund may be used
for the payment of any claim under subsection (a)(3) or subsection
(b) of this section in any fiscal year for which the President
determines that all of the Fund is needed for response to threats
to public health from releases or threatened releases of hazardous
substances.

(3) No money in the Fund shall be available for remedial action,
other than actions specified in subsection (c) of this section,
with respect to federally owned facilities; except that money in
the Fund shall be available for the provision of alternative water
supplies (including the reimbursement of costs incurred by a
municipality) in any case involving groundwater contamination
outside the boundaries of a federally owned facility in which the
federally owned facility is not the only potentially responsible
party.
(4) Paragraphs (1) and (4) of subsection (a) of this section
shall in the aggregate be subject to such amounts as are provided
in appropriation Acts.
(f) Obligation of moneys by Federal officials; obligation of moneys
or settlement of claims by State officials or Indian tribe
The President is authorized to promulgate regulations designating
one or more Federal officials who may obligate money in the Fund in
accordance with this section or portions thereof. The President is
also authorized to delegate authority to obligate money in the Fund
or to settle claims to officials of a State or Indian tribe
operating under a contract or cooperative agreement with the
Federal Government pursuant to section 9604(d) of this title.
(g) Notice to potential injured parties by owner and operator of
vessel or facility causing release of substance; rules and
regulations
The President shall provide for the promulgation of rules and
regulations with respect to the notice to be provided to potential
injured parties by an owner and operator of any vessel, or facility
from which a hazardous substance has been released. Such rules and
regulations shall consider the scope and form of the notice which
would be appropriate to carry out the purposes of this subchapter.
Upon promulgation of such rules and regulations, the owner and
operator of any vessel or facility from which a hazardous substance
has been released shall provide notice in accordance with such
rules and regulations. With respect to releases from public
vessels, the President shall provide such notification as is
appropriate to potential injured parties. Until the promulgation of
such rules and regulations, the owner and operator of any vessel or
facility from which a hazardous substance has been released shall
provide reasonable notice to potential injured parties by
publication in local newspapers serving the affected area.
(h) Repealed. Pub. L. 99-499, title I, Sec. 111(c)(2), Oct. 17,
1986, 100 Stat. 1643
(i) Restoration, etc., of natural resources
Except in a situation requiring action to avoid an irreversible
loss of natural resources or to prevent or reduce any continuing
danger to natural resources or similar need for emergency action,
funds may not be used under this chapter for the restoration,
rehabilitation, or replacement or acquisition of the equivalent of
any natural resources until a plan for the use of such funds for
such purposes has been developed and adopted by affected Federal
agencies and the Governor or Governors of any State having
sustained damage to natural resources within its borders, belonging
to, managed by or appertaining to such State, and by the governing
body of any Indian tribe having sustained damage to natural
resources belonging to, managed by, controlled by, or appertaining
to such tribe, or held in trust for the benefit of such tribe, or
belonging to a member of such tribe if such resources are subject
to a trust restriction on alienation, after adequate public notice
and opportunity for hearing and consideration of all public
comment.
(j) Use of Post-closure Liability Fund
The President shall use the money in the Post-closure Liability
Fund for any of the purposes specified in subsection (a) of this
section with respect to a hazardous waste disposal facility for
which liability has transferred to such fund under section 9607(k)
of this title, and, in addition, for payment of any claim or
appropriate request for costs of response, damages, or other
compensation for injury or loss under section 9607 of this title or
any other State or Federal law, resulting from a release of a
hazardous substance from such a facility.
(k) Inspector General
In each fiscal year, the Inspector General of each department,
agency, or instrumentality of the United States which is carrying
out any authority of this chapter shall conduct an annual audit of
all payments, obligations, reimbursements, or other uses of the
Fund in the prior fiscal year, to assure that the Fund is being
properly administered and that claims are being appropriately and
expeditiously considered. The audit shall include an examination of
a sample of agreements with States (in accordance with the
provisions of the Single Audit Act [31 U.S.C. 7501 et seq.])
carrying out response actions under this subchapter and an
examination of remedial investigations and feasibility studies
prepared for remedial actions. The Inspector General shall submit
to the Congress an annual report regarding the audit report
required under this subsection. The report shall contain such
recommendations as the Inspector General deems appropriate. Each
department, agency, or instrumentality of the United States shall
cooperate with its inspector general in carrying out this
subsection.
(l) Foreign claimants
To the extent that the provisions of this chapter permit, a
foreign claimant may assert a claim to the same extent that a
United States claimant may assert a claim if -
(1) the release of a hazardous substance occurred (A) in the
navigable waters or (B) in or on the territorial sea or adjacent
shoreline of a foreign country of which the claimant is a
resident;
(2) the claimant is not otherwise compensated for his loss;
(3) the hazardous substance was released from a facility or
from a vessel located adjacent to or within the navigable waters
or was discharged in connection with activities conducted under
the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1331
et seq.) or the Deepwater Port Act of 1974, as amended (33 U.S.C.
1501 et seq.); and
(4) recovery is authorized by a treaty or an executive
agreement between the United States and foreign country involved,
or if the Secretary of State, in consultation with the Attorney
General and other appropriate officials, certifies that such
country provides a comparable remedy for United States claimants.
(m) Agency for Toxic Substances and Disease Registry
There shall be directly available to the Agency for Toxic
Substances and Disease Registry to be used for the purpose of
carrying out activities described in subsection (c)(4) of this
section and section 9604(i) of this title not less than $50,000,000
per fiscal year for each of fiscal years 1987 and 1988, not less
than $55,000,000 for fiscal year 1989, and not less than
$60,000,000 per fiscal year for each of fiscal years 1990, 1991,
1992, 1993, and 1994. Any funds so made available which are not
obligated by the end of the fiscal year in which made available
shall be returned to the Fund.
(n) Limitations on research, development, and demonstration program
(1) Section 9660(b)
For each of the fiscal years 1987, 1988, 1989, 1990, 1991,
1992, 1993, and 1994, not more than $20,000,000 of the amounts
available in the Fund may be used for the purposes of carrying
out the applied research, development, and demonstration program
for alternative or innovative technologies and training program
authorized under section 9660(b) of this title (relating to
research, development, and demonstration) other than basic
research. Such amounts shall remain available until expended.
(2) Section 9660(a)
From the amounts available in the Fund, not more than the
following amounts may be used for the purposes of section 9660(a)
of this title (relating to hazardous substance research,
demonstration, and training activities):
(A) For the fiscal year 1987, $3,000,000.
(B) For the fiscal year 1988, $10,000,000.
(C) For the fiscal year 1989, $20,000,000.
(D) For the fiscal year 1990, $30,000,000.
(E) For each of the fiscal years 1991, 1992, 1993, and 1994,
$35,000,000.

No more than 10 percent of such amounts shall be used for
training under section 9660(a) of this title in any fiscal year.
(3) Section 9660(d)
For each of the fiscal years 1987, 1988, 1989, 1990, 1991,
1992, 1993, and 1994, not more than $5,000,000 of the amounts
available in the Fund may be used for the purposes of section
9660(d) of this title (relating to university hazardous substance
research centers).
(o) Notification procedures for limitations on certain payments
Not later than 90 days after October 17, 1986, the President
shall develop and implement procedures to adequately notify, as
soon as practicable after a site is included on the National
Priorities List, concerned local and State officials and other
concerned persons of the limitations, set forth in subsection
(a)(2) of this section, on the payment of claims for necessary
response costs incurred with respect to such site.
(p) General revenue share of Superfund
(1) In general
The following sums are authorized to be appropriated, out of
any money in the Treasury not otherwise appropriated, to the
Hazardous Substance Superfund:
(A) For fiscal year 1987, $212,500,000.
(B) For fiscal year 1988, $212,500,000.
(C) For fiscal year 1989, $212,500,000.
(D) For fiscal year 1990, $212,500,000.
(E) For fiscal year 1991, $212,500,000.
(F) For fiscal year 1992, $212,500,000.
(G) For fiscal year 1993, $212,500,000.
(H) For fiscal year 1994, $212,500,000.

In addition there is authorized to be appropriated to the
Hazardous Substance Superfund for each fiscal year an amount
equal to so much of the aggregate amount authorized to be
appropriated under this subsection (and paragraph (2) of section
9631(b) )3(! of this title) as has not been appropriated before
the beginning of the fiscal year involved.

(2) Computation
The amounts authorized to be appropriated under paragraph (1)
of this subsection in a given fiscal year shall be available only
to the extent that such amount exceeds the amount determined by
the Secretary under section 9507(b)(2) of title 26 for the prior
fiscal year.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 111, Dec. 11, 1980, 94 Stat. 2788;
Pub. L. 99-499, title I, Sec. 111, title II, Sec. 207(d), Oct. 17,
1986, 100 Stat. 1642, 1706; Pub. L. 101-144, title III, Nov. 9,
1989, 103 Stat. 857; Pub. L. 101-508, title VI, Sec. 6301, Nov. 5,
1990, 104 Stat. 1388-319.)

-REFTEXT-
REFERENCES IN TEXT
Title II of Public Law 99-160 (relating to payment to the
Hazardous Substances Trust Fund), referred to in subsec. (a), is
title II of Pub. L. 99-160, Nov. 25, 1985, 99 Stat. 914. Provisions
of title II relating to the Hazardous Substance Response Trust Fund
are not classified to the Code. For complete classification of this
Act to the Code, see Tables.
The Intervention on the High Seas Act, referred to in subsec.
(a)(1), is Pub. L. 93-248, Feb. 5, 1974, 88 Stat. 8, as amended,
which is classified generally to chapter 28 (Sec. 1471 et seq.) of
Title 33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see Short Title note set
out under section 1471 of Title 33 and Tables.
Section 1321(c) of title 33, referred to in subsec. (a)(2), was
amended generally by Pub. L. 101-380, title IV, Sec. 4201(a), Aug.
18, 1990, 104 Stat. 523, and no longer contains provisions
establishing a National Contingency Plan. However, such provisions
are contained in section 1321(d) of Title 33, Navigation and
Navigable Waters.
Section 304 of this Act, referred to in subsec. (b), is section
304 of Pub. L. 96-510, title III, Dec. 11, 1980, 94 Stat. 2809,
which enacted section 9654 of this title and amended section 1364
of Title 33.
Fishery conservation zone, referred to in subsec. (b), probably
means the fishery conservation zone established by section 1811 of
Title 16, Conservation, which as amended generally by Pub. L.
99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706,
relates to United States sovereign rights and fishery management
authority over fish within the exclusive economic zone as defined
in section 1802 of Title 16.
Subsection (f) of section 118 of the Superfund Amendments and
Reauthorization Act of 1986, referred to in subsec. (c)(14), is
section 118(f) of Pub. L. 99-499, title I, Oct. 17, 1986, 100 Stat.
1657, which is not classified to the Code.
Subchapter II of this chapter, referred to in subsec. (e)(2), was
in the original "title II of this Act", meaning title II of Pub. L.
96-510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous
Substance Response Revenue Act of 1980, which enacted subchapter II
of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682
of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of
Pub. L. 96-510, which were classified to sections 9631 to 9633 and
9641 of this title, comprising subchapter II of this chapter, were
repealed by Pub. L. 99-499, title V, Secs. 514(b), 517(c)(1), Oct.
17, 1986, 100 Stat. 1767, 1774. For complete classification of
title II to the Code, see Short Title of 1980 Amendment note set
out under section 1 of Title 26 and Tables.
The Single Audit Act, referred to in subsec. (k), probably means
the Single Audit Act of 1984, Pub. L. 98-502, Oct. 19, 1984, 98
Stat. 2327, as amended, which is classified generally to chapter 75
(Sec. 7501 et seq.) of Title 31, Money and Finance. For complete
classification of this Act to the Code, see Short Title note set
out under section 7501 of Title 31 and Tables.
The Outer Continental Shelf Lands Act as amended, referred to in
subsec. (l)(3), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
amended, which is classified generally to subchapter III (Sec. 1331
et seq.) of chapter 29 of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1331 of Title 43 and Tables.
The Deepwater Port Act of 1974, as amended, referred to in
subsec. (l)(3), is Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as
amended, which is classified generally to chapter 29 (Sec. 1501 et
seq.) of Title 33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see Short Title note set
out under section 1501 of Title 33 and Tables.
Section 9631(b) of this title, referred to in subsec. (p)(1), was
repealed by Pub. L. 99-499, title V, Sec. 517(c)(1), Oct. 17, 1986,
100 Stat. 1774.


-MISC1-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-508, Sec. 6301(1), inserted "and
not more than $5,100,000,000 for the period commencing October 1,
1991, and ending September 30, 1994," after "October 17, 1986," in
introductory provisions.
Subsec. (c)(11). Pub. L. 101-508, Sec. 6301(2), substituted
"8-fiscal year period" for "5-fiscal-year period".
Subsec. (c)(12). Pub. L. 101-508, Sec. 6301(3), substituted
"1991, 1992, 1993, and 1994" for "and 1991".
Subsec. (m). Pub. L. 101-508, Sec. 6301(4), substituted "1990,
1991, 1992, 1993, and 1994" for "1990 and 1991".
Subsec. (n)(1). Pub. L. 101-508, Sec. 6301(5), substituted "1991,
1992, 1993, and 1994" for "and 1991".
Subsec. (n)(2)(E). Pub. L. 101-508, Sec. 6301(6), added subpar.
(E) and struck out former subpar. (E) which read as follows: "For
the fiscal year 1991, $35,000,000."
Subsec. (n)(3). Pub. L. 101-508, Sec. 6301(7), substituted "1991,
1992, 1993, and 1994" for "and 1991".
Subsec. (p)(1)(F) to (H). Pub. L. 101-508, Sec. 6301(8), added
subpars. (F) to (H).
1989 - Subsec. (c)(12). Pub. L. 101-144, which directed that
section 9611(c)(12) of the Superfund Amendments and Reauthorization
Act of 1986 be amended by substituting "$20,000,000" for
"$10,000,000", was executed by making the substitution in subsec.
(c)(12) of this section, as the probable intent of Congress because
the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
99-499, does not contain a section 9611, but section 111(d)(2) of
Pub. L. 99-499 enacted subsec. (c)(12) of this section.
1986 - Subsec. (a). Pub. L. 99-499, Sec. 111(a), (b), inserted
heading and "For the purposes specified in this section there is
authorized to be appropriated from the Hazardous Substance
Superfund established under subchapter A of chapter 98 of title 26
not more than $8,500,000,000 for the 5-year period beginning on
October 17, 1986, and such sums shall remain available until
expended. The preceding sentence constitutes a specific
authorization for the funds appropriated under title II of Public
Law 99-160 (relating to payment to the Hazardous Substances Trust
Fund)." in introductory provisions, substituted "Payment" for
"payment" in pars. (1) to (4), a period for a semicolon in pars.
(1) and (2), and a period for "; and" in par. (3), and added pars.
(5) and (6).
Subsec. (b). Pub. L. 99-499, Secs. 111(c)(1), 207(d)(1),
designated existing provisions as par. (1), inserted ", or by any
Indian tribe or by the United States acting on behalf of any Indian
tribe for natural resources belonging to, managed by, controlled
by, or appertaining to such tribe, or held in trust for the benefit
of such tribe, or belonging to a member of such tribe if such
resources are subject to a trust restriction on alienation" in par.
(1), and added par. (2).
Subsec. (c). Pub. L. 99-499, Secs. 111(d), 207(d)(2), in par.
(1), substituted "The" for "the" and substituted a period for the
semicolon at end, in par. (2), substituted "The" for "the",
inserted "or Indian tribe" and substituted a period for the
semicolon at end, in par. (3), substituted "Subject" for "subject"
and substituted a period for the semicolon at end, in par. (4),
substituted "Any costs incurred in accordance with subsection (m)
of this section (relating to ATSDR) and section 9604(i) of this
title, including the costs of epidemiologic and laboratory studies,
health assessments, preparation of toxicologic profiles" for "the
costs of epidemiologic studies" and substituted a period for the
semicolon at end, in par. (5), substituted a period for "; and", in
pars. (5) and (6), substituted "Subject" for "subject", and added
pars. (7) to (14).
Subsec. (e)(2). Pub. L. 99-499, Sec. 111(e), inserted at end "No
money in the Fund may be used for the payment of any claim under
subsection (a)(3) or subsection (b) of this section in any fiscal
year for which the President determines that all of the Fund is
needed for response to threats to public health from releases or
threatened releases of hazardous substances."
Subsec. (e)(3). Pub. L. 99-499, Sec. 111(f), inserted before the
period at end "; except that money in the Fund shall be available
for the provision of alternative water supplies (including the
reimbursement of costs incurred by a municipality) in any case
involving groundwater contamination outside the boundaries of a
federally owned facility in which the federally owned facility is
not the only potentially responsible party".
Subsec. (f). Pub. L. 99-499, Sec. 207(d)(3), inserted "or Indian
tribe".
Subsec. (h). Pub. L. 99-499, Sec. 111(c)(2), struck out subsec.
(h) which read as follows:
"(1) In accordance with regulations promulgated under section
9651(c) of this title, damages for injury to, destruction of, or
loss of natural resources resulting from a release of a hazardous
substance, for the purposes of this chapter and section 1321(f)(4)
and (5) of title 33, shall be assessed by Federal officials
designated by the President under the national contingency plan
published under section 9605 of this title, and such officials
shall act for the President as trustee under this section and
section 1321(f)(5) of title 33.
"(2) Any determination or assessment of damages for injury to,
destruction of, or loss of natural resources for the purposes of
this chapter and section 1321(f)(4) and (5) of title 33 shall have
the force and effect of a rebuttable presumption on behalf of any
claimant (including a trustee under section 9607 of this title or a
Federal agency) in any judicial or adjudicatory administrative
proceeding under this chapter or section 1321 of title 33."
Subsec. (i). Pub. L. 99-499, Sec. 207(d)(4), inserted "and by the
governing body of any Indian tribe having sustained damage to
natural resources belonging to, managed by, controlled by, or
appertaining to such tribe, or held in trust for the benefit of
such tribe, or belonging to a member of such tribe if such
resources are subject to a trust restriction on alienation," after
"State,".
Subsec. (k). Pub. L. 99-499, Sec. 111(g), amended subsec. (k)
generally. Prior to amendment, subsec. (k) read as follows: "The
Inspector General of each department or agency to which
responsibility to obligate money in the Fund is delegated shall
provide an audit review team to audit all payments, obligations,
reimbursements, or other uses of the Fund, to assure that the Fund
is being properly administered and that claims are being
appropriately and expeditiously considered. Each such Inspector
General shall submit to the Congress an interim report one year
after the establishment of the Fund and a final report two years
after the establishment of the Fund. Each such Inspector General
shall thereafter provide such auditing of the Fund as is
appropriate. Each Federal agency shall cooperate with the Inspector
General in carrying out this subsection."
Subsecs. (m) to (p). Pub. L. 99-499, Sec. 111(h), (i), added
subsecs. (m) to (p).

TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(k) of this section relating to the requirement that the Inspector
General submit an annual report to Congress on the audit report
required under subsec. (k), see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money
and Finance, and the 7th item on page 151 of House Document No.
103-7.

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499
Any provision of titles I to IV of Pub. L. 99-499, imposing any
tax, premium, or fee; establishing any trust fund; or authorizing
expenditures from any trust fund, to have no force or effect, see
section 531 of Pub. L. 99-499, set out as a note under section 1 of
Title 26, Internal Revenue Code.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6924, 6991b, 6991c, 9601,
9604, 9607, 9608, 9609, 9612, 9619, 9661 of this title; title 26
section 9507.

-FOOTNOTE-
)1(! See References in Text note below.

)2(! See References in Text note below.

)3(! See References in Text note below.


-End-



-CITE-
42 USC Sec. 9612 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9612. Claims procedure

-STATUTE-
(a) Claims against Fund for response costs
No claim may be asserted against the Fund pursuant to section
9611(a) of this title unless such claim is presented in the first
instance to the owner, operator, or guarantor of the vessel or
facility from which a hazardous substance has been released, if
known to the claimant, and to any other person known to the
claimant who may be liable under section 9607 of this title. In any
case where the claim has not been satisfied within 60 days of
presentation in accordance with this subsection, the claimant may
present the claim to the Fund for payment. No claim against the
Fund may be approved or certified during the pendency of an action
by the claimant in court to recover costs which are the subject of
the claim.
(b) Forms and procedures applicable
(1) Prescribing forms and procedures
The President shall prescribe appropriate forms and procedures
for claims filed hereunder, which shall include a provision
requiring the claimant to make a sworn verification of the claim
to the best of his knowledge. Any person who knowingly gives or
causes to be given any false information as a part of any such
claim shall, upon conviction, be fined in accordance with the
applicable provisions of title 18 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) Payment or request for hearing
The President may, if satisfied that the information developed
during the processing of the claim warrants it, make and pay an
award of the claim, except that no claim may be awarded to the
extent that a judicial judgment has been made on the costs that
are the subject of the claim. If the President declines to pay
all or part of the claim, the claimant may, within 30 days after
receiving notice of the President's decision, request an
administrative hearing.
(3) Burden of proof
In any proceeding under this subsection, the claimant shall
bear the burden of proving his claim.
(4) Decisions
All administrative decisions made hereunder shall be in
writing, with notification to all appropriate parties, and shall
be rendered within 90 days of submission of a claim to an
administrative law judge, unless all the parties to the claim
agree in writing to an extension or unless the President, in his
discretion, extends the time limit for a period not to exceed
sixty days.
(5) Finality and appeal
All administrative decisions hereunder shall be final, and any
party to the proceeding may appeal a decision within 30 days of
notification of the award or decision. Any such appeal shall be
made to the Federal district court for the district where the
release or threat of release took place. In any such appeal, the
decision shall be considered binding and conclusive, and shall
not be overturned except for arbitrary or capricious abuse of
discretion.
(6) Payment
Within 20 days after the expiration of the appeal period for
any administrative decision concerning an award, or within 20
days after the final judicial determination of any appeal taken
pursuant to this subsection, the President shall pay any such
award from the Fund. The President shall determine the method,
terms, and time of payment.
(c) Subrogation rights; actions maintainable
(1) Payment of any claim by the Fund under this section shall be
subject to the United States Government acquiring by subrogation
the rights of the claimant to recover those costs of removal or
damages for which it has compensated the claimant from the person
responsible or liable for such release.
(2) Any person, including the Fund, who pays compensation
pursuant to this chapter to any claimant for damages or costs
resulting from a release of a hazardous substance shall be
subrogated to all rights, claims, and causes of action for such
damages and costs of removal that the claimant has under this
chapter or any other law.
(3) Upon request of the President, the Attorney General shall
commence an action on behalf of the Fund to recover any
compensation paid by the Fund to any claimant pursuant to this
subchapter, and, without regard to any limitation of liability, all
interest, administrative and adjudicative costs, and attorney's
fees incurred by the Fund by reason of the claim. Such an action
may be commenced against any owner, operator, or guarantor, or
against any other person who is liable, pursuant to any law, to the
compensated claimant or to the Fund, for the damages or costs for
which compensation was paid.
(d) Statute of limitations
(1) Claims for recovery of costs
No claim may be presented under this section for recovery of
the costs referred to in section 9607(a) of this title after the
date 6 years after the date of completion of all response action.
(2) Claims for recovery of damages
No claim may be presented under this section for recovery of
the damages referred to in section 9607(a) of this title unless
the claim is presented within 3 years after the later of the
following:
(A) The date of the discovery of the loss and its connection
with the release in question.
(B) The date on which final regulations are promulgated under
section 9651(c) of this title.
(3) Minors and incompetents
The time limitations contained herein shall not begin to run -
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal
representative is duly appointed for the minor, or
(B) against an incompetent person until the earlier of the
date on which such person's incompetency ends or the date on
which a legal representative is duly appointed for such
incompetent person.
(e) Other statutory or common law claims not waived, etc.
Regardless of any State statutory or common law to the contrary,
no person who asserts a claim against the Fund pursuant to this
subchapter shall be deemed or held to have waived any other claim
not covered or assertable against the Fund under this subchapter
arising from the same incident, transaction, or set of
circumstances, nor to have split a cause of action. Further, no
person asserting a claim against the Fund pursuant to this
subchapter shall as a result of any determination of a question of
fact or law made in connection with that claim be deemed or held to
be collaterally estopped from raising such question in connection
with any other claim not covered or assertable against the Fund
under this subchapter arising from the same incident, transaction,
or set of circumstances.
(f) Double recovery prohibited
Where the President has paid out of the Fund for any response
costs or any costs specified under section 9611(c)(1) or (2) of
this title, no other claim may be paid out of the Fund for the same
costs.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 112, Dec. 11, 1980, 94 Stat. 2792;
Pub. L. 99-499, title I, Secs. 109(a)(3), 112, Oct. 17, 1986, 100
Stat. 1633, 1646.)


-MISC1-
AMENDMENTS
1986 - Subsec. (a). Pub. L. 99-499, Sec. 112(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows:
"All claims which may be asserted against the Fund pursuant to
section 9611 of this title shall be presented in the first instance
to the owner, operator, or guarantor of the vessel or facility from
which a hazardous substance has been released, if known to the
claimant, and to any other person known to the claimant who may be
liable under section 9607 of this title. In any case where the
claim has not been satisfied within sixty days of presentation in
accordance with this subsection, the claimant may elect to commence
an action in court against such owner, operator, guarantor, or
other person or to present the claim to the Fund for payment."
Subsec. (b)(1). Pub. L. 99-499, Sec. 112(b), added heading.
Pub. L. 99-499, Sec. 109(a)(3), substituted "in accordance with
the applicable provisions of title 18 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" for "up to $5,000 or imprisoned
for not more than one year, or both".
Subsec. (b)(2) to (6). Pub. L. 99-499, Sec. 112(b), added pars.
(2) to (6) and struck out former pars. (2) to (4) which related to
the settlement and arbitration of claims against liable persons and
against the Fund.
Subsec. (d). Pub. L. 99-499, Sec. 112(c), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "No
claim may be presented, nor may an action be commenced for damages
under this subchapter, unless that claim is presented or action
commenced within three years from the date of the discovery of the
loss or December 11, 1980, whichever is later: Provided, however,
That the time limitations contained herein shall not begin to run
against a minor until he reaches eighteen years of age or a legal
representative is duly appointed for him, nor against an
incompetent person until his incompetency ends or a legal
representative is duly appointed for him."
Subsec. (f). Pub. L. 99-499, Sec. 112(d), added subsec. (f).

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499
Any provision of titles I to IV of Pub. L. 99-499, imposing any
tax, premium, or fee; establishing any trust fund; or authorizing
expenditures from any trust fund, to have no force or effect, see
section 531 of Pub. L. 99-499, set out as a note under section 1 of
Title 26, Internal Revenue Code.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9607, 9611 of this title.

-End-



-CITE-
42 USC Sec. 9613 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9613. Civil proceedings

-STATUTE-
(a) Review of regulations in Circuit Court of Appeals of the United
States for the District of Columbia
Review of any regulation promulgated under this chapter may be
had upon application by any interested person only in the Circuit
Court of Appeals of the United States for the District of Columbia.
Any such application shall be made within ninety days from the date
of promulgation of such regulations. Any matter with respect to
which review could have been obtained under this subsection shall
not be subject to judicial review in any civil or criminal
proceeding for enforcement or to obtain damages or recovery of
response costs.
(b) Jurisdiction; venue
Except as provided in subsections (a) and (h) of this section,
the United States district courts shall have exclusive original
jurisdiction over all controversies arising under this chapter,
without regard to the citizenship of the parties or the amount in
controversy. Venue shall lie in any district in which the release
or damages occurred, or in which the defendant resides, may be
found, or has his principal office. For the purposes of this
section, the Fund shall reside in the District of Columbia.
(c) Controversies or other matters resulting from tax collection or
tax regulation review
The provisions of subsections (a) and (b) of this section shall
not apply to any controversy or other matter resulting from the
assessment of collection of any tax, as provided by subchapter II
)1(! of this chapter, or to the review of any regulation
promulgated under title 26.

(d) Litigation commenced prior to December 11, 1980
No provision of this chapter shall be deemed or held to moot any
litigation concerning any release of any hazardous substance, or
any damages associated therewith, commenced prior to December 11,
1980.
(e) Nationwide service of process
In any action by the United States under this chapter, process
may be served in any district where the defendant is found,
resides, transacts business, or has appointed an agent for the
service of process.
(f) Contribution
(1) Contribution
Any person may seek contribution from any other person who is
liable or potentially liable under section 9607(a) of this title,
during or following any civil action under section 9606 of this
title or under section 9607(a) of this title. Such claims shall
be brought in accordance with this section and the Federal Rules
of Civil Procedure, and shall be governed by Federal law. In
resolving contribution claims, the court may allocate response
costs among liable parties using such equitable factors as the
court determines are appropriate. Nothing in this subsection
shall diminish the right of any person to bring an action for
contribution in the absence of a civil action under section 9606
of this title or section 9607 of this title.
(2) Settlement
A person who has resolved its liability to the United States or
a State in an administrative or judicially approved settlement
shall not be liable for claims for contribution regarding matters
addressed in the settlement. Such settlement does not discharge
any of the other potentially liable persons unless its terms so
provide, but it reduces the potential liability of the others by
the amount of the settlement.
(3) Persons not party to settlement
(A) If the United States or a State has obtained less than
complete relief from a person who has resolved its liability to
the United States or the State in an administrative or judicially
approved settlement, the United States or the State may bring an
action against any person who has not so resolved its liability.
(B) A person who has resolved its liability to the United
States or a State for some or all of a response action or for
some or all of the costs of such action in an administrative or
judicially approved settlement may seek contribution from any
person who is not party to a settlement referred to in paragraph
(2).
(C) In any action under this paragraph, the rights of any
person who has resolved its liability to the United States or a
State shall be subordinate to the rights of the United States or
the State. Any contribution action brought under this paragraph
shall be governed by Federal law.
(g) Period in which action may be brought
(1) Actions for natural resource damages
Except as provided in paragraphs (3) and (4), no action may be
commenced for damages (as defined in section 9601(6) of this
title) under this chapter, unless that action is commenced within
3 years after the later of the following:
(A) The date of the discovery of the loss and its connection
with the release in question.
(B) The date on which regulations are promulgated under
section 9651(c) of this title.

With respect to any facility listed on the National Priorities
List (NPL), any Federal facility identified under section 9620 of
this title (relating to Federal facilities), or any vessel or
facility at which a remedial action under this chapter is
otherwise scheduled, an action for damages under this chapter
must be commenced within 3 years after the completion of the
remedial action (excluding operation and maintenance activities)
in lieu of the dates referred to in subparagraph (A) or (B). In
no event may an action for damages under this chapter with
respect to such a vessel or facility be commenced (i) prior to 60
days after the Federal or State natural resource trustee provides
to the President and the potentially responsible party a notice
of intent to file suit, or (ii) before selection of the remedial
action if the President is diligently proceeding with a remedial
investigation and feasibility study under section 9604(b) of this
title or section 9620 of this title (relating to Federal
facilities). The limitation in the preceding sentence on
commencing an action before giving notice or before selection of
the remedial action does not apply to actions filed on or before
October 17, 1986.
(2) Actions for recovery of costs
An initial action for recovery of the costs referred to in
section 9607 of this title must be commenced -
(A) for a removal action, within 3 years after completion of
the removal action, except that such cost recovery action must
be brought within 6 years after a determination to grant a
waiver under section 9604(c)(1)(C) of this title for continued
response action; and
(B) for a remedial action, within 6 years after initiation of
physical on-site construction of the remedial action, except
that, if the remedial action is initiated within 3 years after
the completion of the removal action, costs incurred in the
removal action may be recovered in the cost recovery action
brought under this subparagraph.

In any such action described in this subsection, the court shall
enter a declaratory judgment on liability for response costs or
damages that will be binding on any subsequent action or actions
to recover further response costs or damages. A subsequent action
or actions under section 9607 of this title for further response
costs at the vessel or facility may be maintained at any time
during the response action, but must be commenced no later than 3
years after the date of completion of all response action. Except
as otherwise provided in this paragraph, an action may be
commenced under section 9607 of this title for recovery of costs
at any time after such costs have been incurred.
(3) Contribution
No action for contribution for any response costs or damages
may be commenced more than 3 years after -
(A) the date of judgment in any action under this chapter for
recovery of such costs or damages, or
(B) the date of an administrative order under section 9622(g)
of this title (relating to de minimis settlements) or 9622(h)
of this title (relating to cost recovery settlements) or entry
of a judicially approved settlement with respect to such costs
or damages.
(4) Subrogation
No action based on rights subrogated pursuant to this section
by reason of payment of a claim may be commenced under thissubchapter more than 3 years after the date of payment of such (continued)