US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 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 , and not more than $5,100,000,000 for the period commencing , and ending , 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)
section 9604 of this title33 U.S.C. 1471 Payment of governmental response costs incurred pursuant to , including costs incurred pursuant to the Intervention on the High Seas Act [ et seq.].
(2)
1
1 See References in Text note below.
section 9605 of this titleProvided, however 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)  of title 33 and amended by : , That such costs must be approved under said plan and certified by the responsible Federal official.
(3)
section 9612 of this titlesection 9612(c)(3) of this title Payment of any claim authorized by subsection (b) of this section and finally decided pursuant to , including those costs set out in sub.
(4)
Payment of costs specified under subsection (c) of this section.
(5)

Grants for technical assistance .—

section 9617(e) of this titleThe cost of grants under (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

section 1321 of title 33Provided, howeverClaims asserted and compensable but un­satisfied under provisions of , 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: , 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

section 9607 of this titleNo 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 .

(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)
section 9604(i) of this title Any costs incurred in accordance with subsection (m) of this section (relating to ATSDR) and , 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)
section 1321 of title 33 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 , 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).—

section 9605(d) of this titleCosts incurred by the President in evaluating facilities pursuant to petitions under (relating to petitions for assessment of release).
(8)

Contract costs under section 9604 (a)(1).—

section 9604(a)(1) of this titleThe costs of contracts or arrangements entered into under 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).—

section 9604(j) of this titleThe costs incurred by the President in acquiring real estate or interests in real estate under (relating to acquisition of property).
(10)

Research, development, and demonstration costs under section 9660 .—

section 9660 of this titleThe cost of carrying out (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 .—

section 9623 of this titleReimbursements to local governments under , except that during the 8-fiscal year period beginning , 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 .—

section 9660a of this titleThe costs of grants under 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 .—

section 9609(d) of this titleThe costs of any awards granted under .
(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 .
(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)
1 In any fiscal year, 85 percent of the money credited to the Fund under subchapter II  of this chapter shall be available only for the purposes specified in paragraphs (1), (2), and (4) of subsection (a) of this section. No money in the Fund may be used for the payment of any claim under subsection (a)(3) or subsection (b) of this section in any fiscal year for which the President determines that all of the Fund is needed for response to threats to public health from releases or threatened releases of hazardous substances.
(3)
No money in the Fund shall be available for remedial action, other than actions specified in subsection (c) of this section, with respect to federally owned facilities; except that money in the Fund shall be available for the provision of alternative water supplies (including the reimbursement of costs incurred by a municipality) in any case involving groundwater contamination outside the boundaries of a federally owned facility in which the federally owned facility is not the only potentially responsible party.
(4)
Paragraphs (1) and (4) of subsection (a) of this section shall in the aggregate be subject to such amounts as are provided in appropriation Acts.
(f)

Obligation of moneys by Federal officials; obligation of moneys or settlement of claims by State officials or Indian tribe

section 9604(d) of this titleThe 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 .

(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)

Pub. L. 99–499, title I, § 111(c)(2)100 Stat. 1643 Repealed. , ,

(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

section 9607(k) of this titlesection 9607 of this titleThe 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 , and, in addition, for payment of any claim or appropriate request for costs of response, damages, or other compensation for injury or loss under or any other State or Federal law, resulting from a release of a hazardous substance from such a facility.

(k)

Inspector General

31 U.S.C. 7501In 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 [ 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)
43 U.S.C. 133133 U.S.C. 1501 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 ( et seq.) or the Deepwater Port Act of 1974, as amended ( 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

section 9604(i) of this titleThere 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) and 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)

section 9660(b) of this titleFor 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 (relating to research, development, and demonstration) other than basic research. Such amounts shall remain available until expended.

(2)

Section 9660(a)

section 9660(a) of this titleFrom the amounts available in the Fund, not more than the following amounts may be used for the purposes of (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.
section 9660(a) of this titleNo more than 10 percent of such amounts shall be used for training under in any fiscal year.
(3)

Section 9660(d)

section 9660(d) of this titleFor 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 (relating to university hazardous substance research centers).

(o)

Notification procedures for limitations on certain payments

Not later than 90 days after , 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.
1In 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)  of this title) as has not been appropriated before the beginning of the fiscal year involved.
(2)

Computation

section 9507(b)(2) of title 26The 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 for the prior fiscal year.

Pub. L. 96–510, title I, § 11194 Stat. 2788Pub. L. 99–499, title I, § 111100 Stat. 1642Pub. L. 101–144, title III103 Stat. 857Pub. L. 101–508, title VI, § 6301104 Stat. 1388–319(, , ; , title II, § 207(d), , , 1706; , , ; , , .)

Editorial Notes

References in Text

Public Law 99–160Pub. L. 99–16099 Stat. 914Title II of (relating to payment to the Hazardous Substances Trust Fund), referred to in subsec. (a), is title II of , , . 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.

Pub. L. 93–24888 Stat. 8section 1471 of Title 33The Intervention on the High Seas Act, referred to in subsec. (a)(1), is , , , which is classified generally to chapter 28 (§ 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 and Tables.

Section 1321(c) of title 33Pub. L. 101–380, title IV, § 4201(a)104 Stat. 523section 1321(d) of Title 33, referred to in subsec. (a)(2), was amended generally by , , , and no longer contains provisions establishing a National Contingency Plan. However, such provisions are contained in , Navigation and Navigable Waters.

section 304 of Pub. L. 96–51094 Stat. 2809section 9654 of this titlesection 1364 of Title 33Section 304 of this Act, referred to in subsec. (b), is , title III, , , which enacted and amended .

section 1811 of Title 16Pub. L. 99–659, title I, § 101(b)100 Stat. 3706section 1802 of Title 16Fishery conservation zone, referred to in subsec. (b), probably means the fishery conservation zone established by , Conservation, which as amended generally by , , , relates to United States sovereign rights and fishery management authority over fish within the exclusive economic zone as defined in .

lPub. L. 96–51094 Stat. 2767section 9601 of this titleThis chapter, referred to in subsecs. (c)(5), (i), (k), and (), was in the original “this Act”, meaning , , , known as the Comprehensive 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 and Tables.

section 118(f) of Pub. L. 99–499100 Stat. 1657Subsection (f) of section 118 of the Superfund Amendments and Reauthorization Act of 1986, referred to in subsec. (c)(14), is , title I, , , which is not classified to the Code.

Pub. L. 96–51094 Stat. 2796Pub. L. 96–510Pub. L. 99–499, title V100 Stat. 1767section 1 of Title 26Subchapter II of this chapter, referred to in subsec. (e)(2), was in the original “title II of this Act”, meaning title II of , , , 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 , which were classified to sections 9631 to 9633 and 9641 of this title, comprising subchapter II of this chapter, were repealed by , §§ 514(b), 517(c)(1), , , 1774. For complete classification of title II to the Code, see Short Title of 1980 Amendment note set out under and Tables.

Pub. L. 98–50298 Stat. 2327section 7501 of Title 31section 7501 of Title 31The Single Audit Act, referred to in subsec. (k), probably means the Single Audit Act of 1984, , , , which enacted chapter 75 (§ 7501 et seq.) of Title 31, Money and Finance, and provisions set out as notes under . For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under and Tables.

lact Aug. 7, 1953, ch. 34567 Stat. 462section 1301 of Title 43The Outer Continental Shelf Lands Act as amended, referred to in subsec. ()(3), is , , 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 and Tables.

lPub. L. 93–62788 Stat. 2126section 1501 of Title 33The Deepwater Port Act of 1974, as amended, referred to in subsec. ()(3), is , , , 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 and Tables.

Section 9631(b) of this titlePub. L. 99–499, title V, § 517(c)(1)100 Stat. 1774, referred to in subsec. (p)(1), was repealed by , , .

Amendments

Pub. L. 101–508, § 6301(1)1990—Subsec. (a). , inserted “and not more than $5,100,000,000 for the period commencing , and ending ,” after “,” in introductory provisions.

Pub. L. 101–508, § 6301(2)Subsec. (c)(11). , substituted “8-fiscal year period” for “5-fiscal-year period”.

Pub. L. 101–508, § 6301(3)Subsec. (c)(12). , substituted “1991, 1992, 1993, and 1994” for “and 1991”.

Pub. L. 101–508, § 6301(4)Subsec. (m). , substituted “1990, 1991, 1992, 1993, and 1994” for “1990 and 1991”.

Pub. L. 101–508, § 6301(5)Subsec. (n)(1). , substituted “1991, 1992, 1993, and 1994” for “and 1991”.

Pub. L. 101–508, § 6301(6)Subsec. (n)(2)(E). , added subpar. (E) and struck out former subpar. (E) which read as follows: “For the fiscal year 1991, $35,000,000.”

Pub. L. 101–508, § 6301(7)Subsec. (n)(3). , substituted “1991, 1992, 1993, and 1994” for “and 1991”.

Pub. L. 101–508, § 6301(8)Subsec. (p)(1)(F) to (H). , added subpars. (F) to (H).

Pub. L. 101–144Pub. L. 99–499section 111(d)(2) of Pub. L. 99–4991989—Subsec. (c)(12). , 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, , does not contain a section 9611, but enacted subsec. (c)(12) of this section.

Pub. L. 99–499, § 111(a)1986—Subsec. (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 , 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).

Pub. L. 99–499Subsec. (b). , §§ 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).

Pub. L. 99–499section 9604(i) of this titleSubsec. (c). , §§ 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 , 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).

Pub. L. 99–499, § 111(e)Subsec. (e)(2). , 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.”

Pub. L. 99–499, § 111(f)Subsec. (e)(3). , 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”.

Pub. L. 99–499, § 207(d)(3)Subsec. (f). , inserted “or Indian tribe”.

Pub. L. 99–499, § 111(c)(2)Subsec. (h). , struck out subsec. (h) which read as follows:

section 9651(c) of this titlesection 9605 of this titlesection 1321(f)(5) of title 33“(1) In accordance with regulations promulgated under , 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 , and such officials shall act for the President as trustee under this section and .

section 9607 of this titlesection 1321 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 or a Federal agency) in any judicial or adjudicatory administrative proceeding under this chapter or .”

Pub. L. 99–499, § 207(d)(4)Subsec. (i). , 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,”.

Pub. L. 99–499, § 111(g)Subsec. (k). , 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.”

Pub. L. 99–499, § 111(h)Subsecs. (m) to (p). , (i), added subsecs. (m) to (p).

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

section 3003 of Pub. L. 104–66section 1113 of Title 31For termination, effective , of provisions in subsec. (k) of this section relating to the requirement that the Inspector General submit an annual report to Congress on the audit report required under subsec. (k), see , as amended, set out as a note under , 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, § 311118 Stat. 1842

“(a)

Satisfaction of Requirements .—

42 U.S.C. 9611(k)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 () if the Inspector General conducts periodic audits 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 subsection (a).”
, , , provided that:

Pub. L. 99–499Coordination of Titles I to IV of

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