42 U.S.C. § 9611 — Uses of Fund

Page 7758 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9611 1 So in original. 1 See References in Text note below. which may result from the administration or en- forcement of the provisions of this chapter, in- cluding, where appropriate, investigating threatened plant closures or reductions in em- ployment allegedly resulting from such adminis- tration or enforcement. Any employee who is discharged, or laid off, threatened with dis- charge or layoff, or otherwise discriminated against by any person because of the alleged re- sults of such administration or enforcement, or any representative of such employee, may re- quest the President to conduct a full investiga- tion of the matter and, at the request of any party, shall hold public hearings, require the parties, including the employer involved, to present information relating to the actual or po- tential effect of such administration or enforce- ment on employment and any alleged discharge, layoff, or other discrimination, and the detailed reasons or justification therefore.1 Any such hearing shall be of record and shall be subject to section 554 of title 5. Upon receiving the report of such investigation, the President shall make findings of fact as to the effect of such adminis- tration or enforcement on employment and on the alleged discharge, layoff, or discrimination and shall make such recommendations as he deems appropriate. Such report, findings, and recommendations shall be available to the pub- lic. Nothing in this subsection shall be con- strued to require or authorize the President or any State to modify or withdraw any action, standard, limitation, or any other requirement of this chapter. (Pub. L. 96–510, title I, § 110, Dec. 11, 1980, 94 Stat. 2787.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), (d), and (e), was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. § 9611. Uses of Fund (a) In general For the purposes specified in this section there is authorized to be appropriated from the Haz- ardous Substance Superfund established under subchapter A of chapter 98 of title 26 not more than $8,500,000,000 for the 5-year period begin- ning 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 author- ization for the funds appropriated under title II of Public Law 99-160 (relating to payment to the Hazardous Substances Trust Fund). The Presi- dent shall use the money in the Fund for the fol- lowing purposes: (1) Payment of governmental response costs incurred pursuant to section 9604 of this title, including costs incurred pursuant to the Inter- vention on the High Seas Act [33 U.S.C. 1471 et seq.]. (2) Payment of any claim for necessary re- sponse costs incurred by any other person as a result of carrying out the national contin- gency 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. (3) Payment of any claim authorized by sub- section (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 sub- section (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-contami- nated soil in one to three different metropoli- tan areas. The President shall not pay for any administra- tive costs or expenses out of the Fund unless such costs and expenses are reasonably nec- essary for and incidental to the implementation of this subchapter. (b) Additional authorized purposes (1) In general Claims asserted and compensable but un- satisfied 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 re- sulting 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 dam- age assessment: Provided, however, That any such claim may be asserted only by the Presi- dent, 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 pro- tected by the United States, or by any State for natural resources within the boundary of that State belonging to, managed by, con- trolled by, or appertaining to the State, or by any Indian tribe or by the United States act- ing on behalf of any Indian tribe for natural resources belonging to, managed by, con- trolled 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 re- sources 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 deter- Page 7759 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9611 mines that the claimant has exhausted all administrative and judicial remedies to re- cover 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 ‘‘nat- ural resource claim’’ means any claim for in- jury to, or destruction or loss of, natural re- sources. The term does not include any claim for the costs of natural resource dam- age 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 re- lease 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 sub- stance. (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 haz- ardous substances. (4) Any costs incurred in accordance with subsection (m) of this section (relating to ATSDR) and section 9604(i) of this title, in- cluding the costs of epidemiologic and labora- tory studies, health assessments, preparation of toxicologic profiles, development and main- tenance 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-la- tency 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 capa- bility, for any Federal agency involved in strike forces, emergency task forces, or other response teams under the national contin- gency 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 in- clude, 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 ex- posed, methods to protect workers from such hazards, and necessary regulatory and enforce- ment measures to assure adequate protection of such employees. (7) EVALUATION COSTS UNDER PETITION PROVI- SIONS OF SECTION 9605(d).—Costs incurred by the President in evaluating facilities pursuant to petitions under section 9605(d) of this title (re- lating to petitions for assessment of release). (8) CONTRACT COSTS UNDER SECTION 9604(a)(1).—The costs of contracts or arrange- ments 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 Presi- dent and the costs of appropriate Federal and State oversight of remedial activities at Na- tional Priorities List sites resulting from con- sent orders or settlement agreements. (9) ACQUISITION COSTS UNDER SECTION 9604(j).— The costs incurred by the President in acquir- ing real estate or interests in real estate under section 9604(j) of this title (relating to acquisi- tion of property). (10) RESEARCH, DEVELOPMENT, AND DEM- ONSTRATION COSTS UNDER SECTION 9660.—The cost of carrying out section 9660 of this title (relating to research, development, and dem- onstration), except that the amounts available for such purposes shall not exceed the amounts specified in subsection (n) of this sec- tion. (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 car- rying out the study under subsection (f) of sec- tion 118 of the Superfund Amendments and Re- authorization Act of 1986 (relating to lead poi- soning 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 ex- posure to ambient concentrations of air pollut- ants from multiple or diffuse sources. Page 7760 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9611 (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 col- lected, 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 deter- mined. (2) In any fiscal year, 85 percent of the money credited to the Fund under subchapter II 1 of this chapter shall be available only for the purposes specified in paragraphs (1), (2), and (4) of sub- section (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 deter- mines 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 reim- bursement of costs incurred by a municipality) in any case involving groundwater contamina- tion 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; ob- ligation of moneys or settlement of claims by State officials or Indian tribe The President is authorized to promulgate regulations designating one or more Federal of- ficials who may obligate money in the Fund in accordance with this section or portions thereof. The President is also authorized to delegate au- thority to obligate money in the Fund or to set- tle claims to officials of a State or Indian tribe operating under a contract or cooperative agree- ment 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 re- lease of substance; rules and regulations The President shall provide for the promulga- tion of rules and regulations with respect to the notice to be provided to potential injured par- ties 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 re- leased shall provide reasonable notice to poten- tial injured parties by publication in local news- papers serving the affected area. (h) Repealed. Pub. L. 99–499, title I, § 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 nat- ural resources or similar need for emergency ac- tion, funds may not be used under this chapter for the restoration, rehabilitation, or replace- ment 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 sus- tained damage to natural resources within its borders, belonging to, managed by or apper- taining to such State, and by the governing body of any Indian tribe having sustained dam- age 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 re- sources are subject to a trust restriction on alienation, after adequate public notice and op- portunity 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 addi- tion, 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 sub- stance 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 au- thority of this chapter shall conduct an annual audit of all payments, obligations, reimburse- ments, or other uses of the Fund in the prior fis- cal year, to assure that the Fund is being prop- erly administered and that claims are being ap- propriately 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 rec- Page 7761 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9611 ommendations as the Inspector General deems appropriate. Each department, agency, or in- strumentality of the United States shall cooper- ate with its inspector general in carrying out this subsection. (l) Foreign claimants To the extent that the provisions of this chap- ter 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 oc- curred (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 com- pensated for his loss; (3) the hazardous substance was released from a facility or from a vessel located adja- cent to or within the navigable waters or was discharged in connection with activities con- ducted 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 offi- cials, certifies that such country provides a comparable remedy for United States claim- ants. (m) Agency for Toxic Substances and Disease Registry There shall be directly available to the Agen- cy for Toxic Substances and Disease Registry to be used for the purpose of carrying out activities described in subsection (c)(4) 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 in- novative technologies and training program authorized under section 9660(b) of this title (relating to research, development, and dem- onstration) other than basic research. Such amounts shall remain available until ex- pended. (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 re- search, demonstration, and training activi- ties): (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 pro- cedures to adequately notify, as soon as prac- ticable after a site is included on the National Priorities List, concerned local and State offi- cials and other concerned persons of the limita- tions, set forth in subsection (a)(2) of this sec- tion, on the payment of claims for necessary re- sponse costs incurred with respect to such site. (p) General revenue share of Superfund (1) In general The following sums are authorized to be ap- propriated, 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 appro- priated 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) 1 of this title) as has not been appropriated before the begin- ning 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. (Pub. L. 96–510, title I, § 111, Dec. 11, 1980, 94 Stat. 2788; Pub. L. 99–499, title I, § 111, title II, § 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, § 6301, Nov. 5, 1990, 104 Stat. 1388–319.) Editorial Notes REFERENCES IN TEXT Title II of Public Law 99–160 (relating to payment to the Hazardous Substances Trust Fund), referred to in Page 7762 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9611 subsec. (a), is title II of Pub. L. 99–160, Nov. 25, 1985, 99 Stat. 914. Provisions of title II relating to the Haz- ardous Substance Response Trust Fund are not classi- fied 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, which is classified generally to chapter 28 (§ 1471 et seq.) of Title 33, Navigation and Navigable Waters. For com- plete classification of this Act to the Code, see Short Title note set out under section 1471 of Title 33 and Ta- bles. Section 1321(c) of title 33, referred to in subsec. (a)(2), was amended generally by Pub. L. 101–380, title IV, § 4201(a), Aug. 18, 1990, 104 Stat. 523, and no longer con- tains 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 estab- lished by section 1811 of Title 16, Conservation, which as amended generally by Pub. L. 99–659, title I, § 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. This chapter, referred to in subsecs. (c)(5), (i), (k), and (l), was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. Subsection (f) of section 118 of the Superfund Amend- ments 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’’, mean- ing 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, §§ 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), prob- ably means the Single Audit Act of 1984, Pub. L. 98–502, Oct. 19, 1984, 98 Stat. 2327, which enacted chapter 75 (§ 7501 et seq.) of Title 31, Money and Finance, and pro- visions set out as notes under section 7501 of Title 31. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under sec- tion 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, which is classified generally to subchapter III (§ 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 1301 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, which is classified generally to chapter 29 (§ 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, § 517(c)(1), Oct. 17, 1986, 100 Stat. 1774. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–508, § 6301(1), inserted ‘‘and not more than $5,100,000,000 for the period com- mencing October 1, 1991, and ending September 30, 1994,’’ after ‘‘October 17, 1986,’’ in introductory provi- sions. Subsec. (c)(11). Pub. L. 101–508, § 6301(2), substituted ‘‘8-fiscal year period’’ for ‘‘5-fiscal-year period’’. Subsec. (c)(12). Pub. L. 101–508, § 6301(3), substituted ‘‘1991, 1992, 1993, and 1994’’ for ‘‘and 1991’’. Subsec. (m). Pub. L. 101–508, § 6301(4), substituted ‘‘1990, 1991, 1992, 1993, and 1994’’ for ‘‘1990 and 1991’’. Subsec. (n)(1). Pub. L. 101–508, § 6301(5), substituted ‘‘1991, 1992, 1993, and 1994’’ for ‘‘and 1991’’. Subsec. (n)(2)(E). Pub. L. 101–508, § 6301(6), added sub- par. (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, § 6301(7), substituted ‘‘1991, 1992, 1993, and 1994’’ for ‘‘and 1991’’. Subsec. (p)(1)(F) to (H). Pub. L. 101–508, § 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 sub- stituting ‘‘$20,000,000’’ for ‘‘$10,000,000’’, was executed by making the substitution in subsec. (c)(12) of this sec- tion, 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, § 111(a), (b), inserted heading and ‘‘For the purposes specified in this section there is authorized to be appropriated from the Haz- ardous Substance Superfund established under sub- chapter 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 ex- pended. The preceding sentence constitutes a specific authorization for the funds appropriated under title II of Public Law 99-160 (relating to payment to the Haz- ardous Substances Trust Fund).’’ in introductory provi- sions, 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, §§ 111(c)(1), 207(d)(1), des- ignated existing provisions as par. (1), inserted ‘‘, or by any Indian tribe or by the United States acting on be- half 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, §§ 111(d), 207(d)(2), in par. (1), substituted ‘‘The’’ for ‘‘the’’ and substituted a pe- riod for the semicolon at end, in par. (2), substituted ‘‘The’’ for ‘‘the’’, inserted ‘‘or Indian tribe’’ and sub- stituted 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, § 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, § 111(f), inserted before the period at end ‘‘; except that money in the Fund Page 7763 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9612 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, § 207(d)(3), inserted ‘‘or In- dian tribe’’. Subsec. (h). Pub. L. 99–499, § 111(c)(2), struck out sub- sec. (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 pur- poses of this chapter and section 1321(f)(4) and (5) of title 33, shall be assessed by Federal officials des- ignated by the President under the national contin- gency 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 re- buttable presumption on behalf of any claimant (in- cluding a trustee under section 9607 of this title or a Federal agency) in any judicial or adjudicatory admin- istrative proceeding under this chapter or section 1321 of title 33.’’ Subsec. (i). Pub. L. 99–499, § 207(d)(4), inserted ‘‘and by the governing body of any Indian tribe having sus- tained damage to natural resources belonging to, man- aged 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, § 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, reimburse- ments, 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 Con- gress an interim report one year after the establish- ment of the Fund and a final report two years after the establishment of the Fund. Each such Inspector Gen- eral shall thereafter provide such auditing of the Fund as is appropriate. Each Federal agency shall cooperate with the Inspector General in carrying out this sub- section.’’ Subsecs. (m) to (p). Pub. L. 99–499, § 111(h), (i), added subsecs. (m) to (p). Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (k) of this section relating to the require- ment that the Inspector General submit an annual re- port to Congress on the audit report required under subsec. (k), see section 3003 of Pub. L. 104–66, as amend- ed, 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. SATISFACTION OF SUPERFUND AUDIT REQUIREMENTS BY INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE Pub. L. 108–375, div. A, title III, § 311, Oct. 28, 2004, 118 Stat. 1842, provided that: ‘‘(a) SATISFACTION OF REQUIREMENTS.—The Inspector General of the Department of Defense shall be deemed to be in compliance with the requirements of section 111(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(k)) if the Inspector General conducts periodic au- dits of the payments, obligations, reimbursements, and other uses of the Hazardous Substance Superfund by the Department of Defense, even if such audits do not occur on an annual basis. ‘‘(b) REPORTS TO CONGRESS ON AUDITS.—The Inspector General shall submit to Congress a report on each audit conducted by the Inspector General as described in sub- section (a).’’ COORDINATION OF TITLES I TO IV OF PUB. L. 99–499 Any provision of titles I to IV of Pub. L. 99–499, im- posing 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, In- ternal Revenue Code. § 9612. Claims procedure (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 claim- ant in court to recover costs which are the sub- ject of the claim. (b) Forms and procedures applicable (1) Prescribing forms and procedures The President shall prescribe appropriate forms and procedures for claims filed here- under, which shall include a provision requir- ing 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 in- formation 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 judg- ment 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 adminis- trative 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 ap- propriate parties, and shall be rendered within 90 days of submission of a claim to an adminis-