Page:United States Statutes at Large Volume 100 Part 2.djvu/528

 100 STAT. 1630

PUBLIC L A W 99-499—OCT. 17, 1986

f r?i * 33 USC 1321.

notify the President of such designations. Such State officials shall assess damages to natural resources for the purposes of this Act and such section 311 for those natural resources under their trusteeship. "(C) REBUTTABLE PRESUMPTION.—Any determination or

' 33 USC 1321. 42 USC 9651.

'• 42 USC 9607.

President of U.S. 42 USC 9651.

42 USC 9607.

eiaims.

assessment of damages to natural resources for the purposes of this Act and section 311 of the Federal Water Pollution Control Act made by a Federal or State trustee in accordance with the regulations promulgated under section 301(c) of this Act shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or judicial proceeding under this Act or section 311 of the Federal Water Pollution Control Act.". (2) USE OF RECOVERED FUNDS.—Section 107(fKl) of CERCLA (as designated by paragraph (1) of this subsection) is amended by striking out the third sentence and inserting in lieu thereof the following: "Sums recovered by the United States Government as trustee under this subsection shall be retained by the trustee, without further appropriation, for use only to restore, replace, or acquire the equivalent of such natural resources. Sums recovered by a State as trustee under this subsection shall be available for use only to restore, replace, or acquire the equivalent of such natural resources by the State. The measure of damages in any action under subparagraph (C) of subsection (a) shall not be limited by the sums which can be used to restore or replace such resources. There shall be no double recovery under this Act for natural resource damages, including the costs of damage assessment or restoration, rehabilitation, or acquisition for the same release and natural resource". (3) DEADLINE FOR SECTION 301 REGULATIONS.—Section 301(c)(l)

of CERCLA is amended by adding the following at the end thereof: "Notwithstanding the failure of the President to promulgate the regulations required under this subsection on ,^^ the required date, the President shall promulgate such regulations not later than 6 months after the enactment of the Superfund Amendments and Reauthorization Act of 1986.". (e) FEDERAL AGENCIES.—Section 107(g) of CERCLA is amended to read as follows: "(g) FEDERAL AGENCIES.—For provisions relating to Federal agencies, see section 120 of this Act." (f) FEDERAL LIEN.—Section 107 of CERCLA is amended by adding at the end thereof the following new subsection:

Real property. Maritime affairs.

"(1) FEDERAL LIEN.—

•UH

"(1) IN GENERAL.—All costs and damages for which a person is liable to the United States under subsection (a) of this section (other than the owner or operator of a vessel under paragraph (1) of subsection (a)) shall constitute a lien in favor of the United States upon all real property and rights to such property which— "(A) belong to such person; and "(B) are subject to or affected by a removal or remedial action. "(2) DURATION.—The lien imposed by this subsection shall arise at the later of the following: "(A) The time costs are first incurred by the United States with respect to a response action under this Act.

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