
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9611]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9611. Uses of Fund


(a) In general

    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 not more than 
$5,100,000,000 for the period commencing October 1, 1991, and ending 
September 30, 1994, 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). The President shall use 
the money in the Fund for the following purposes:
        (1) Payment of governmental response costs incurred pursuant to 
    section 9604 of this title, including costs incurred pursuant to the 
    Intervention on the High Seas Act [33 U.S.C. 1471 et seq.].
        (2) Payment of any claim for necessary response costs incurred 
    by any other person as a result of carrying out the national 
    contingency plan established under section 1321(c) \1\ of title 33 
    and amended by section 9605 of this title: Provided, however, That 
    such costs must be approved under said plan and certified by the 
    responsible Federal official.
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        (3) Payment of any claim authorized by subsection (b) of this 
    section and finally decided pursuant to section 9612 of this title, 
    including those costs set out in subsection 9612(c)(3) of this 
    title.
        (4) Payment of costs specified under subsection (c) of this 
    section.
        (5) Grants for technical assistance.--The cost of grants under 
    section 9617(e) of this title (relating to public participation 
    grants for technical assistance).
        (6) Lead contaminated soil.--Payment of not to exceed 
    $15,000,000 for the costs of a pilot program for removal, 
    decontamination, or other action with respect to lead-contaminated 
    soil in one to three different metropolitan areas.

The President shall not pay for any administrative costs or expenses out 
of the Fund unless such costs and expenses are reasonably necessary for 
and incidental to the implementation of this subchapter.

(b) Additional authorized purposes

                           (1) In general

        Claims asserted and compensable but unsatisfied under provisions 
    of section 1321 of title 33, which are modified by section 304 of 
    this Act may be asserted against the Fund under this subchapter; and 
    other claims resulting from a release or threat of release of a 
    hazardous substance from a vessel or a facility may be asserted 
    against the Fund under this subchapter for injury to, or destruction 
    or loss of, natural resources, including cost for damage assessment: 
    Provided, however, That any such claim may be asserted only by the 
    President, as trustee, for natural resources over which the United 
    States has sovereign rights, or natural resources within the 
    territory or the fishery conservation zone of the United States to 
    the extent they are managed or protected by the United States, or by 
    any State for natural resources within the boundary of that State 
    belonging to, managed by, controlled by, or appertaining to the 
    State, 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.

        (2) Limitation on payment of natural resource claims

        (A) General requirements

            No natural resource claim may be paid from the Fund unless 
        the President determines that the claimant has exhausted all 
        administrative and judicial remedies to recover the amount of 
        such claim from persons who may be liable under section 9607 of 
        this title.

        (B) Definition

            As used in this paragraph, the term ``natural resource 
        claim'' means any claim for injury to, or destruction or loss 
        of, natural resources. The term does not include any claim for 
        the costs of natural resource damage assessment.

(c) Peripheral matters and limitations

    Uses of the Fund under subsection (a) of this section include--
        (1) The costs of assessing both short-term and long-term injury 
    to, destruction of, or loss of any natural resources resulting from 
    a release of a hazardous substance.
        (2) The costs of Federal or State or Indian tribe efforts in the 
    restoration, rehabilitation, or replacement or acquiring the 
    equivalent of any natural resources injured, destroyed, or lost as a 
    result of a release of a hazardous substance.
        (3) Subject to such amounts as are provided in appropriation 
    Acts, the costs of a program to identify, investigate, and take 
    enforcement and abatement action against releases of hazardous 
    substances.
        (4) 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, development and 
    maintenance of a registry of persons exposed to hazardous substances 
    to allow long-term health effect studies, and diagnostic services 
    not otherwise available to determine whether persons in populations 
    exposed to hazardous substances in connection with a release or a 
    suspected release are suffering from long-latency diseases.
        (5) Subject to such amounts as are provided in appropriation 
    Acts, the costs of providing equipment and similar overhead, related 
    to the purposes of this chapter and section 1321 of title 33, and 
    needed to supplement equipment and services available 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.
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    (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.
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                           (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.

(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.)

                       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.


                               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).


            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.

                  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.
