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(continued)
under subsection (b) of this Section.
(d) Subject to subsections (b) and (c) of this Section, the
functions vested in the President by Section 128 of the Act [42
U.S.C. 9628] are delegated to the Administrator.
Sec. 13. Preservation of Authorities. Nothing in this order shall
be construed to impair or otherwise affect the functions of the
Director of the Office of Management and Budget relating to budget,
administrative, or legislative proposals.
Sec. 14. General Provision. This order is intended only to
improve the internal management of the Federal Government and is
not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or equity by a party
against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any
other person.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9627 of this title.

-End-



-CITE-
42 USC Sec. 9616 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. 9616. Schedules

-STATUTE-
(a) Assessment and listing of facilities
It shall be a goal of this chapter that, to the maximum extent
practicable -
(1) not later than January 1, 1988, the President shall
complete preliminary assessments of all facilities that are
contained (as of October 17, 1986) on the Comprehensive
Environmental Response, Compensation, and Liability Information
System (CERCLIS) including in each assessment a statement as to
whether a site inspection is necessary and by whom it should be
carried out; and
(2) not later than January 1, 1989, the President shall assure
the completion of site inspections at all facilities for which
the President has stated a site inspection is necessary pursuant
to paragraph (1).
(b) Evaluation
Within 4 years after October 17, 1986, each facility listed (as
of October 17, 1986) in the CERCLIS shall be evaluated if the
President determines that such evaluation is warranted on the basis
of a site inspection or preliminary assessment. The evaluation
shall be in accordance with the criteria established in section
9605 of this title under the National Contingency Plan for
determining priorities among release for inclusion on the National
Priorities List. In the case of a facility listed in the CERCLIS
after October 17, 1986, the facility shall be evaluated within 4
years after the date of such listing if the President determines
that such evaluation is warranted on the basis of a site inspection
or preliminary assessment.
(c) Explanations
If any of the goals established by subsection (a) or (b) of this
section are not achieved, the President shall publish an
explanation of why such action could not be completed by the
specified date.
(d) Commencement of RI/FS
The President shall assure that remedial investigations and
feasibility studies (RI/FS) are commenced for facilities listed on
the National Priorities List, in addition to those commenced prior
to October 17, 1986, in accordance with the following schedule:
(1) not fewer than 275 by the date 36 months after October 17,
1986, and
(2) if the requirement of paragraph (1) is not met, not fewer
than an additional 175 by the date 4 years after October 17,
1986, an additional 200 by the date 5 years after October 17,
1986, and a total of 650 by the date 5 years after October 17,
1986.
(e) Commencement of remedial action
The President shall assure that substantial and continuous
physical on-site remedial action commences at facilities on the
National Priorities List, in addition to those facilities on which
remedial action has commenced prior to October 17, 1986, at a rate
not fewer than:
(1) 175 facilities during the first 36-month period after
October 17, 1986; and
(2) 200 additional facilities during the following 24 months
after such 36-month period.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 116, as added Pub. L. 99-499, title
I, Sec. 116, Oct. 17, 1986, 100 Stat. 1653.)

-End-



-CITE-
42 USC Sec. 9617 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. 9617. Public participation

-STATUTE-
(a) Proposed plan
Before adoption of any plan for remedial action to be undertaken
by the President, by a State, or by any other person, under section
9604, 9606, 9620, or 9622 of this title, the President or State, as
appropriate, shall take both of the following actions:
(1) Publish a notice and brief analysis of the proposed plan
and make such plan available to the public.
(2) Provide a reasonable opportunity for submission of written
and oral comments and an opportunity for a public meeting at or
near the facility at issue regarding the proposed plan and
regarding any proposed findings under section 9621(d)(4) of this
title (relating to cleanup standards). The President or the State
shall keep a transcript of the meeting and make such transcript
available to the public.

The notice and analysis published under paragraph (1) shall include
sufficient information as may be necessary to provide a reasonable
explanation of the proposed plan and alternative proposals
considered.
(b) Final plan
Notice of the final remedial action plan adopted shall be
published and the plan shall be made available to the public before
commencement of any remedial action. Such final plan shall be
accompanied by a discussion of any significant changes (and the
reasons for such changes) in the proposed plan and a response to
each of the significant comments, criticisms, and new data
submitted in written or oral presentations under subsection (a) of
this section.
(c) Explanation of differences
After adoption of a final remedial action plan -
(1) if any remedial action is taken,
(2) if any enforcement action under section 9606 of this title
is taken, or
(3) if any settlement or consent decree under section 9606 of
this title or section 9622 of this title is entered into,

and if such action, settlement, or decree differs in any
significant respects from the final plan, the President or the
State shall publish an explanation of the significant differences
and the reasons such changes were made.
(d) Publication
For the purposes of this section, publication shall include, at a
minimum, publication in a major local newspaper of general
circulation. In addition, each item developed, received, published,
or made available to the public under this section shall be
available for public inspection and copying at or near the facility
at issue.
(e) Grants for technical assistance
(1) Authority
Subject to such amounts as are provided in appropriations Acts
and in accordance with rules promulgated by the President, the
President may make grants available to any group of individuals
which may be affected by a release or threatened release at any
facility which is listed on the National Priorities List under
the National Contingency Plan. Such grants may be used to obtain
technical assistance in interpreting information with regard to
the nature of the hazard, remedial investigation and feasibility
study, record of decision, remedial design, selection and
construction of remedial action, operation and maintenance, or
removal action at such facility.
(2) Amount
The amount of any grant under this subsection may not exceed
$50,000 for a single grant recipient. The President may waive the
$50,000 limitation in any case where such waiver is necessary to
carry out the purposes of this subsection. Each grant recipient
shall be required, as a condition of the grant, to contribute at
least 20 percent of the total of costs of the technical
assistance for which such grant is made. The President may waive
the 20 percent contribution requirement if the grant recipient
demonstrates financial need and such waiver is necessary to
facilitate public participation in the selection of remedial
action at the facility. Not more than one grant may be made under
this subsection with respect to a single facility, but the grant
may be renewed to facilitate public participation at all stages
of remedial action.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 117, as added Pub. L. 99-499, title
I, Sec. 117, Oct. 17, 1986, 100 Stat. 1654.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9611, 9613, 9620 of this
title.

-End-



-CITE-
42 USC Sec. 9618 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. 9618. High priority for drinking water supplies

-STATUTE-
For purposes of taking action under section 9604 or 9606 of this
title and listing facilities on the National Priorities List, the
President shall give a high priority to facilities where the
release of hazardous substances or pollutants or contaminants has
resulted in the closing of drinking water wells or has contaminated
a principal drinking water supply.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 118, as added Pub. L. 99-499, title
I, Sec. 118(a), Oct. 17, 1986, 100 Stat. 1655.)

-End-



-CITE-
42 USC Sec. 9619 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. 9619. Response action contractors

-STATUTE-
(a) Liability of response action contractors
(1) Response action contractors
A person who is a response action contractor with respect to
any release or threatened release of a hazardous substance or
pollutant or contaminant from a vessel or facility shall not be
liable under this subchapter or under any other Federal law to
any person for injuries, costs, damages, expenses, or other
liability (including but not limited to claims for
indemnification or contribution and claims by third parties for
death, personal injury, illness or loss of or damage to property
or economic loss) which results from such release or threatened
release.
(2) Negligence, etc.
Paragraph (1) shall not apply in the case of a release that is
caused by conduct of the response action contractor which is
negligent, grossly negligent, or which constitutes intentional
misconduct.
(3) Effect on warranties; employer liability
Nothing in this subsection shall affect the liability of any
person under any warranty under Federal, State, or common law.
Nothing in this subsection shall affect the liability of an
employer who is a response action contractor to any employee of
such employer under any provision of law, including any provision
of any law relating to worker's compensation.
(4) Governmental employees
A state employee or an employee of a political subdivision who
provides services relating to response action while acting within
the scope of his authority as a governmental employee shall have
the same exemption from liability (subject to the other
provisions of this section) as is provided to the response action
contractor under this section.
(b) Savings provisions
(1) Liability of other persons
The defense provided by section 9607(b)(3) of this title shall
not be available to any potentially responsible party with
respect to any costs or damages caused by any act or omission of
a response action contractor. Except as provided in subsection
(a)(4) of this section and the preceding sentence, nothing in
this section shall affect the liability under this chapter or
under any other Federal or State law of any person, other than a
response action contractor.
(2) Burden of plaintiff
Nothing in this section shall affect the plaintiff's burden of
establishing liability under this subchapter.
(c) Indemnification
(1) In general
The President may agree to hold harmless and indemnify any
response action contractor meeting the requirements of this
subsection against any liability (including the expenses of
litigation or settlement) for negligence arising out of the
contractor's performance in carrying out response action
activities under this subchapter, unless such liability was
caused by conduct of the contractor which was grossly negligent
or which constituted intentional misconduct.
(2) Applicability
This subsection shall apply only with respect to a response
action carried out under written agreement with -
(A) the President;
(B) any Federal agency;
(C) a State or political subdivision which has entered into a
contract or cooperative agreement in accordance with section
9604(d)(1) of this title; or
(D) any potentially responsible party carrying out any
agreement under section 9622 of this title (relating to
settlements) or section 9606 of this title (relating to
abatement).
(3) Source of funding
This subsection shall not be subject to section 1301 or 1341 of
title 31 or section 11 of title 41 or to section 9662 of this
title. For purposes of section 9611 of this title, amounts
expended pursuant to this subsection for indemnification of any
response action contractor (except with respect to federally
owned or operated facilities) shall be considered governmental
response costs incurred pursuant to section 9604 of this title.
If sufficient funds are unavailable in the Hazardous Substance
Superfund established under subchapter A of chapter 98 of title
26 to make payments pursuant to such indemnification or if the
Fund is repealed, there are authorized to be appropriated such
amounts as may be necessary to make such payments.
(4) Requirements
An indemnification agreement may be provided under this
subsection only if the President determines that each of the
following requirements are met:
(A) The liability covered by the indemnification agreement
exceeds or is not covered by insurance available, at a fair and
reasonable price, to the contractor at the time the contractor
enters into the contract to provide response action, and
adequate insurance to cover such liability is not generally
available at the time the response action contract is entered
into.
(B) The response action contractor has made diligent efforts
to obtain insurance coverage from non-Federal sources to cover
such liability.
(C) In the case of a response action contract covering more
than one facility, the response action contractor agrees to
continue to make such diligent efforts each time the contractor
begins work under the contract at a new facility.
(5) Limitations
(A) Liability covered
Indemnification under this subsection shall apply only to
response action contractor liability which results from a
release of any hazardous substance or pollutant or contaminant
if such release arises out of response action activities.
(B) Deductibles and limits
An indemnification agreement under this subsection shall
include deductibles and shall place limits on the amount of
indemnification to be made available.
(C) Contracts with potentially responsible parties
(i) Decision to indemnify
In deciding whether to enter into an indemnification
agreement with a response action contractor carrying out a
written contract or agreement with any potentially
responsible party, the President shall determine an amount
which the potentially responsible party is able to indemnify
the contractor. The President may enter into such an
indemnification agreement only if the President determines
that such amount of indemnification is inadequate to cover
any reasonable potential liability of the contractor arising
out of the contractor's negligence in performing the contract
or agreement with such party. The President shall make the
determinations in the preceding sentences (with respect to
the amount and the adequacy of the amount) taking into
account the total net assets and resources of potentially
responsible parties with respect to the facility at the time
of such determinations.
(ii) Conditions
The President may pay a claim under an indemnification
agreement referred to in clause (i) for the amount determined
under clause (i) only if the contractor has exhausted all
administrative, judicial, and common law claims for
indemnification against all potentially responsible parties
participating in the clean-up of the facility with respect to
the liability of the contractor arising out of the
contractor's negligence in performing the contract or
agreement with such party. Such indemnification agreement
shall require such contractor to pay any deductible
established under subparagraph (B) before the contractor may
recover any amount from the potentially responsible party or
under the indemnification agreement.
(D) RCRA facilities
No owner or operator of a facility regulated under the Solid
Waste Disposal Act [42 U.S.C. 6901 et seq.] may be indemnified
under this subsection with respect to such facility.
(E) Persons retained or hired
A person retained or hired by a person described in
subsection (e)(2)(B) of this section shall be eligible for
indemnification under this subsection only if the President
specifically approves of the retaining or hiring of such
person.
(6) Cost recovery
For purposes of section 9607 of this title, amounts expended
pursuant to this subsection for indemnification of any person who
is a response action contractor with respect to any release or
threatened release shall be considered a cost of response
incurred by the United States Government with respect to such
release.
(7) Regulations
The President shall promulgate regulations for carrying out the
provisions of this subsection. Before promulgation of the
regulations, the President shall develop guidelines to carry out
this section. Development of such guidelines shall include
reasonable opportunity for public comment.
(8) Study
The Comptroller General shall conduct a study in the fiscal
year ending September 30, 1989, on the application of this
subsection, including whether indemnification agreements under
this subsection are being used, the number of claims that have
been filed under such agreements, and the need for this
subsection. The Comptroller General shall report the findings of
the study to Congress no later than September 30, 1989.
(d) Exception
The exemption provided under subsection (a) of this section and
the authority of the President to offer indemnification under
subsection (c) of this section shall not apply to any person
covered by the provisions of paragraph (1), (2), (3), or (4) of
section 9607(a) of this title with respect to the release or
threatened release concerned if such person would be covered by
such provisions even if such person had not carried out any actions
referred to in subsection (e) of this section.
(e) Definitions
For purposes of this section -
(1) Response action contract
The term "response action contract" means any written contract
or agreement entered into by a response action contractor (as
defined in paragraph (2)(A) of this subsection) with -
(A) the President;
(B) any Federal agency;
(C) a State or political subdivision which has entered into a
contract or cooperative agreement in accordance with section
9604(d)(1) of this title; or
(D) any potentially responsible party carrying out an
agreement under section 9606 or 9622 of this title;

to provide any remedial action under this chapter at a facility
listed on the National Priorities List, or any removal under this
chapter, with respect to any release or threatened release of a
hazardous substance or pollutant or contaminant from the facility
or to provide any evaluation, planning, engineering, surveying
and mapping, design, construction, equipment, or any ancillary
services thereto for such facility.
(2) Response action contractor
The term "response action contractor" means -
(A) any -
(i) person who enters into a response action contract with
respect to any release or threatened release of a hazardous
substance or pollutant or contaminant from a facility and is
carrying out such contract; and )1(!

(ii) person, public or nonprofit private entity, conducting
a field demonstration pursuant to section 9660(b) of this
title; and
(iii) Recipients )2(! of grants (including sub-grantees)
under section 9660a )3(! of this title for the training and
education of workers who are or may be engaged in activities
related to hazardous waste removal, containment, or emergency
response under this chapter; and )1(!



(B) any person who is retained or hired by a person described
in subparagraph (A) to provide any services relating to a
response action; and
(C) any surety who after October 16, 1990, provides a bid,
performance or payment bond to a response action contractor,
and begins activities to meet its obligations under such bond,
but only in connection with such activities or obligations.
(3) Insurance
The term "insurance" means liability insurance which is fair
and reasonably priced, as determined by the President, and which
is made available at the time the contractor enters into the
response action contract to provide response action.
(f) Competition
Response action contractors and subcontractors for program
management, construction management, architectural and engineering,
surveying and mapping, and related services shall be selected in
accordance with title IX of the Federal Property and Administrative
Services Act of 1949.)3(! The Federal selection procedures shall
apply to appropriate contracts negotiated by all Federal
governmental agencies involved in carrying out this chapter. Such
procedures shall be followed by response action contractors and
subcontractors.
(g) Surety bonds
(1) If under sections 3131 and 3133 of title 40, surety bonds are
required for any direct Federal procurement of any response action
contract and are not waived pursuant to section 3134 of title 40,
they shall be issued in accordance with sections 3131 and 3133 of
title 40.
(2) If under applicable Federal law surety bonds are required for
any direct Federal procurement of any response action contract, no
right of action shall accrue on the performance bond issued on such
response action contract to or for the use of any person other than
the obligee named in the bond.
(3) If under applicable Federal law surety bonds are required for
any direct Federal procurement of any response action contract,
unless otherwise provided for by the procuring agency in the bond,
in the event of a default, the surety's liability on a performance
bond shall be only for the cost of completion of the contract work
in accordance with the plans and specifications less the balance of
funds remaining to be paid under the contract, up to the penal sum
of the bond. The surety shall in no event be liable on bonds to
indemnify or compensate the obligee for loss or liability arising
from personal injury or property damage whether or not caused by a
breach of the bonded contract.
(4) Nothing in this subsection shall be construed as preempting,
limiting, superseding, affecting, applying to, or modifying any
State laws, regulations, requirements, rules, practices or
procedures. Nothing in this subsection shall be construed as
affecting, applying to, modifying, limiting, superseding, or
preempting any rights, authorities, liabilities, demands, actions,
causes of action, losses, judgments, claims, statutes of
limitation, or obligations under Federal or State law, which do not
arise on or under the bond.
(5) This subsection shall not apply to bonds executed before
October 17, 1990.

-SOURCE-
(Pub. L. 96-510, title I, Sec. 119, as added Pub. L. 99-499, title
I, Sec. 119, Oct. 17, 1986, 100 Stat. 1662; amended Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-202, Sec. 101(f)
[title II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-187, 1329-198;
Pub. L. 101-584, Sec. 1, Nov. 15, 1990, 104 Stat. 2872; Pub. L.
102-484, div. A, title III, Sec. 331(a), Oct. 23, 1992, 106 Stat.
2373; Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2497.)

-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (c)(5)(D),
is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as
amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90
Stat. 2795, which is classified generally to chapter 82 (Sec. 6901
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 6901 of this
title and Tables.
Section 9660a of this title, referred to in subsec.
(e)(2)(A)(iii), was in the original "section 126" probably meaning
section 126 of Pub. L. 99-499, title I, Oct. 17, 1986, 100 Stat.
1690. Subsecs. (a) to (f) of section 126, which relate to worker
protection standards, are set out as a note under section 655 of
Title 29, Labor. Subsec. (g) of section 126, which relates grants
for training and education of workers who are or may be engaged in
activities related to hazardous waste removal, etc., is classified
to section 9660a of this title.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (f), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Title IX of the Act, which was classified
generally to subchapter VI (Sec. 541 et seq.) of chapter 10 of
former Title 40, Public Buildings, Property, and Works, was
repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21,
2002, 116 Stat. 1062, 1304, as chapter 11 (Sec. 1101 et seq.) of
Title 40, Public Buildings, Property, and Works. For disposition of
sections of former Title 40 to revised Title 40, see Table
preceding section 101 of Title 40. For complete classification of
this Act to the Code, see Tables.

-COD-
CODIFICATION
In subsec. (g)(1), "sections 3131 and 3133 of title 40"
substituted for "the Act of August 24, 1935 (40 U.S.C. 270a-270d),
commonly referred to as the 'Miller Act' " and for "such Act of
August 24, 1935" and "section 3134 of title 40" substituted for
"the Act of April 29, 1941 (40 U.S.C. 270e-270f)", on authority of
Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings,
Property, and Works.


-MISC1-
AMENDMENTS
1998 - Subsec. (e)(2)(C). Pub. L. 105-276 struck out "and before
January 1, 1996," after "1990,".
Subsec. (g)(5). Pub. L. 105-276 struck out ", or after December
31, 1995" before period at end.
1992 - Subsec. (e)(2)(C). Pub. L. 102-484, Sec. 321(a)(1)(A),
substituted "January 1, 1996," for "January 1, 1993".
Subsec. (g)(1). Pub. L. 102-484, Sec. 331(a)(2), substituted "the
Act of August 24, 1935 (40 U.S.C. 270a-270d), commonly referred to
as the 'Miller Act'," for "the Miller Act, 40 U.S.C. sections
270a-270f,", inserted "and are not waived pursuant to the Act of
April 29, 1941 (40 U.S.C. 270e-270f)", and substituted "in
accordance with such Act of August 24, 1935." for "in accordance
with 40 U.S.C. sections 270a-270d."
Subsec. (g)(5). Pub. L. 102-484, Sec. 331(a)(1)(B), substituted
"December 31, 1995" for "December 31, 1992".
1990 - Subsec. (e)(2)(C). Pub. L. 101-584, Sec. 1(1), (2), added
subpar. (C).
Subsec. (g). Pub. L. 101-584, Sec. 1(3), added subsec. (g).
1987 - Subsec. (e)(2)(A)(iii). Pub. L. 100-202 added cl. (iii).
1986 - Subsec. (c)(3). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954", which
for purposes of codification was translated as "title 26" thus
requiring no change in text.

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 section 9613 of this title; title
10 section 2701; title 14 section 691.

-FOOTNOTE-


)1(! So in original. The word "and" probably should not appear.

)2(! So in original. Probably should not be capitalized.

)3(! See References in Text note below.


-End-



-CITE-
42 USC Sec. 9620 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. 9620. Federal facilities

-STATUTE-
(a) Application of chapter to Federal Government
(1) In general
Each department, agency, and instrumentality of the United
States (including the executive, legislative, and judicial
branches of government) shall be subject to, and comply with,
this chapter in the same manner and to the same extent, both
procedurally and substantively, as any nongovernmental entity,
including liability under section 9607 of this title. Nothing in
this section shall be construed to affect the liability of any
person or entity under sections 9606 and 9607 of this title.
(2) Application of requirements to Federal facilities
All guidelines, rules, regulations, and criteria which are
applicable to preliminary assessments carried out under this
chapter for facilities at which hazardous substances are located,
applicable to evaluations of such facilities under the National
Contingency Plan, applicable to inclusion on the National
Priorities List, or applicable to remedial actions at such
facilities shall also be applicable to facilities which are owned
or operated by a department, agency, or instrumentality of the
United States in the same manner and to the extent as such
guidelines, rules, regulations, and criteria are applicable to
other facilities. No department, agency, or instrumentality of
the United States may adopt or utilize any such guidelines,
rules, regulations, or criteria which are inconsistent with the
guidelines, rules, regulations, and criteria established by the
Administrator under this chapter.
(3) Exceptions
This subsection shall not apply to the extent otherwise
provided in this section with respect to applicable time periods.
This subsection shall also not apply to any requirements relating
to bonding, insurance, or financial responsibility. Nothing in
this chapter shall be construed to require a State to comply with
section 9604(c)(3) of this title in the case of a facility which
is owned or operated by any department, agency, or
instrumentality of the United States.
(4) State laws
State laws concerning removal and remedial action, including
State laws regarding enforcement, shall apply to removal and
remedial action at facilities owned or operated by a department,
agency, or instrumentality of the United States or facilities
that are the subject of a deferral under subsection (h)(3)(C) of
this section when such facilities are not included on the
National Priorities List. The preceding sentence shall not apply
to the extent a State law would apply any standard or requirement
to such facilities which is more stringent than the standards and
requirements applicable to facilities which are not owned or
operated by any such department, agency, or instrumentality.
(b) Notice
Each department, agency, and instrumentality of the United States
shall add to the inventory of Federal agency hazardous waste
facilities required to be submitted under section 3016 of the Solid
Waste Disposal Act [42 U.S.C. 6937] (in addition to the information
required under section 3016(a)(3) of such Act [42 U.S.C.
6937(a)(3)]) information on contamination from each facility owned
or operated by the department, agency, or instrumentality if such
contamination affects contiguous or adjacent property owned by the
department, agency, or instrumentality or by any other person,
including a description of the monitoring data obtained.
(c) Federal Agency Hazardous Waste Compliance Docket
The Administrator shall establish a special Federal Agency
Hazardous Waste Compliance Docket (hereinafter in this section
referred to as the "docket") which shall contain each of the
following:
(1) All information submitted under section 3016 of the Solid
Waste Disposal Act [42 U.S.C. 6937] and subsection (b) of this
section regarding any Federal facility and notice of each
subsequent action taken under this chapter with respect to the
facility.
(2) Information submitted by each department, agency, or
instrumentality of the United States under section 3005 or 3010
of such Act [42 U.S.C. 6925, 6930].
(3) Information submitted by the department, agency, or
instrumentality under section 9603 of this title.

The docket shall be available for public inspection at reasonable
times. Six months after establishment of the docket and every 6
months thereafter, the Administrator shall publish in the Federal
Register a list of the Federal facilities which have been included
in the docket during the immediately preceding 6-month period. Such
publication shall also indicate where in the appropriate regional
office of the Environmental Protection Agency additional
information may be obtained with respect to any facility on the
docket. The Administrator shall establish a program to provide
information to the public with respect to facilities which are
included in the docket under this subsection.
(d) Assessment and evaluation
(1) In general
The Administrator shall take steps to assure that a preliminary
assessment is conducted for each facility on the docket.
Following such preliminary assessment, the Administrator shall,
where appropriate -
(A) evaluate such facilities in accordance with the criteria
established in accordance with section 9605 of this title under
the National Contingency Plan for determining priorities among
releases; and
(B) include such facilities on the National Priorities List
maintained under such plan if the facility meets such criteria.
(2) Application of criteria
(A) In general
Subject to subparagraph (B), the criteria referred to in
paragraph (1) shall be applied in the same manner as the
criteria are applied to facilities that are owned or operated
by persons other than the United States.
(B) Response under other law
It shall be an appropriate factor to be taken into
consideration for the purposes of section 9605(a)(8)(A) of this
title that the head of the department, agency, or
instrumentality that owns or operates a facility has arranged
with the Administrator or appropriate State authorities to
respond appropriately, under authority of a law other than this
chapter, to a release or threatened release of a hazardous
substance.
(3) Completion
Evaluation and listing under this subsection shall be completed
in accordance with a reasonable schedule established by the
Administrator.
(e) Required action by department
(1) RI/FS
Not later than 6 months after the inclusion of any facility on
the National Priorities List, the department, agency, or
instrumentality which owns or operates such facility shall, in
consultation with the Administrator and appropriate State
authorities, commence a remedial investigation and feasibility
study for such facility. In the case of any facility which is
listed on such list before October 17, 1986, the department,
agency, or instrumentality which owns or operates such facility
shall, in consultation with the Administrator and appropriate
State authorities, commence such an investigation and study for
such facility within one year after October 17, 1986. The
Administrator and appropriate State authorities shall publish a
timetable and deadlines for expeditious completion of such
investigation and study.
(2) Commencement of remedial action; interagency agreement
The Administrator shall review the results of each
investigation and study conducted as provided in paragraph (1).
Within 180 days thereafter, the head of the department, agency,
or instrumentality concerned shall enter into an interagency
agreement with the Administrator for the expeditious completion
by such department, agency, or instrumentality of all necessary
remedial action at such facility. Substantial continuous physical
onsite remedial action shall be commenced at each facility not
later than 15 months after completion of the investigation and
study. All such interagency agreements, including review of
alternative remedial action plans and selection of remedial
action, shall comply with the public participation requirements
of section 9617 of this title.
(3) Completion of remedial actions
Remedial actions at facilities subject to interagency
agreements under this section shall be completed as expeditiously
as practicable. Each agency shall include in its annual budget
submissions to the Congress a review of alternative agency
funding which could be used to provide for the costs of remedial
action. The budget submission shall also include a statement of
the hazard posed by the facility to human health, welfare, and
the environment and identify the specific consequences of failure
to begin and complete remedial action.
(4) Contents of agreement
Each interagency agreement under this subsection shall include,
but shall not be limited to, each of the following:
(A) A review of alternative remedial actions and selection of
a remedial action by the head of the relevant department,
agency, or instrumentality and the Administrator or, if unable
to reach agreement on selection of a remedial action, selection
by the Administrator.
(B) A schedule for the completion of each such remedial
action.
(C) Arrangements for long-term operation and maintenance of
the facility.
(5) Annual report
Each department, agency, or instrumentality responsible for
compliance with this section shall furnish an annual report to
the Congress concerning its progress in implementing the
requirements of this section. Such reports shall include, but
shall not be limited to, each of the following items:
(A) A report on the progress in reaching interagency
agreements under this section.
(B) The specific cost estimates and budgetary proposals
involved in each interagency agreement.
(C) A brief summary of the public comments regarding each
proposed interagency agreement.
(D) A description of the instances in which no agreement was
reached.
(E) A report on progress in conducting investigations and
studies under paragraph (1).
(F) A report on progress in conducting remedial actions.
(G) A report on progress in conducting remedial action at
facilities which are not listed on the National Priorities
List.

With respect to instances in which no agreement was reached
within the required time period, the department, agency, or
instrumentality filing the report under this paragraph shall
include in such report an explanation of the reasons why no
agreement was reached. The annual report required by this
paragraph shall also contain a detailed description on a
State-by-State basis of the status of each facility subject to
this section, including a description of the hazard presented by
each facility, plans and schedules for initiating and completing
response action, enforcement status (where appropriate), and an
explanation of any postponements or failure to complete response
action. Such reports shall also be submitted to the affected
States.
(6) Settlements with other parties
If the Administrator, in consultation with the head of the
relevant department, agency, or instrumentality of the United
States, determines that remedial investigations and feasibility
studies or remedial action will be done properly at the Federal
facility by another potentially responsible party within the
deadlines provided in paragraphs (1), (2), and (3) of this
subsection, the Administrator may enter into an agreement with
such party under section 9622 of this title (relating to
settlements). Following approval by the Attorney General of any
such agreement relating to a remedial action, the agreement shall
be entered in the appropriate United States district court as a
consent decree under section 9606 of this title.
(f) State and local participation
The Administrator and each department, agency, or instrumentality
responsible for compliance with this section shall afford to
relevant State and local officials the opportunity to participate
in the planning and selection of the remedial action, including but
not limited to the review of all applicable data as it becomes
available and the development of studies, reports, and action
plans. In the case of State officials, the opportunity to
participate shall be provided in accordance with section 9621 of
this title.
(g) Transfer of authorities
Except for authorities which are delegated by the Administrator
to an officer or employee of the Environmental Protection Agency,
no authority vested in the Administrator under this section may be
transferred, by executive order of the President or otherwise, to
any other officer or employee of the United States or to any other
person.
(h) Property transferred by Federal agencies
(1) Notice
After the last day of the 6-month period beginning on the
effective date of regulations under paragraph (2) of this
subsection, whenever any department, agency, or instrumentality
of the United States enters into any contract for the sale or
other transfer of real property which is owned by the United
States and on which any hazardous substance was stored for one
year or more, known to have been released, or disposed of, the
head of such department, agency, or instrumentality shall include
in such contract notice of the type and quantity of such
hazardous substance and notice of the time at which such storage,
release, or disposal took place, to the extent such information
is available on the basis of a complete search of agency files.
(2) Form of notice; regulations
Notice under this subsection shall be provided in such form and
manner as may be provided in regulations promulgated by the
Administrator. As promptly as practicable after October 17, 1986,
but not later than 18 months after October 17, 1986, and after
consultation with the Administrator of the General Services
Administration, the Administrator shall promulgate regulations
regarding the notice required to be provided under this
subsection.
(3) Contents of certain deeds
(A) In general
After the last day of the 6-month period beginning on the
effective date of regulations under paragraph (2) of this
subsection, in the case of any real property owned by the
United States on which any hazardous substance was stored for
one year or more, known to have been released, or disposed of,
each deed entered into for the transfer of such property by the
United States to any other person or entity shall contain -
(i) to the extent such information is available on the
basis of a complete search of agency files -
(I) a notice of the type and quantity of such hazardous
substances,
(II) notice of the time at which such storage, release,
or disposal took place, and
(III) a description of the remedial action taken, if any;

(ii) a covenant warranting that -
(I) all remedial action necessary to protect human health
and the environment with respect to any such substance
remaining on the property has been taken before the date of
such transfer, and
(II) any additional remedial action found to be necessary
after the date of such transfer shall be conducted by the
United States; and

(iii) a clause granting the United States access to the
property in any case in which remedial action or corrective
action is found to be necessary after the date of such
transfer.
(B) Covenant requirements
For purposes of subparagraphs (A)(ii)(I) and (C)(iii), all
remedial action described in such subparagraph has been taken
if the construction and installation of an approved remedial
design has been completed, and the remedy has been demonstrated
to the Administrator to be operating properly and successfully.
The carrying out of long-term pumping and treating, or
operation and maintenance, after the remedy has been
demonstrated to the Administrator to be operating properly and (continued)