Page:United States Statutes at Large Volume 100 Part 2.djvu/563

 PUBLIC LAW 99-499—OCT. 17, 1986

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100 STAT. 1665

negligence in performing the contract or agreement with such party. Such indemnification agreement shall require such contractor to pay any deductible established under subparagraph (B) before the contractor may recover any amount from the potentially responsible party or under the indemnification agreement. "(D) RCRA FACILITIES.—No owner or operator of a facility regulated under the Solid Waste Disposal Act may be 42 USC 6901 indemnified under this subsection with respect to such note. facility. "(E) PERSONS RETAINED OR HIRED.—A person retained or hired by a person described in subsection (e)(2)(B) shall be eligible for indemnification under this subsection only if the President specifically approves of the retaining or hiring of such person. "(6) COST RECOVERY.—For purposes of section 107, amounts

expended pursuant to this subsection for indemnification of any person who is a response action contractor with respect to any release or threatened release shall be considered a cost of response incurred by the United States Government with respect to such release. "(7) REGULATIONS.—The President shall promulgate regula- President of U.S. tions for carrying out the provisions of this subsection. Before promulgation of the regulations, the President shall develop guidelines to carry out this section. Development of such guidelines shall include reasonable opportunity for public comment. r ' > "(8) STUDY.—The Comptroller General shall conduct a study Reports. in the fiscal year ending September 30, 1989, on the application of this subsection, including whether indemnification agreements under this subsection are being used, the number of claims that have been filed under such agreements, and the need for this subsection. The Comptroller General shall report the findings of the study to Congress no later than September 30, 1989. "(d) EXCEPTION.—The exemption provided under subsection (a) and the authority of the President to offer indemnification under subsection (c) shall not apply to any person covered by the provisions of paragraph (1), (2), (3), or (4) of section 107(a) with respect to the release or threatened release concerned if such person would be covered by such provisions even if such person had not carried out any actions referred to in subsection (e) of this section. "(e) DEFINITIONS.—For purposes of this section— "(1) RESPONSE ACTION CONTRACT.—The term 'response action contract' means any written contract or agreement entered into by a response action contractor (as defined in paragraph (2)(A) of this subsection) with— "(A) the President; "(B) any Federal agency; "(C) a State or political subdivision which has entered into a contract or cooperative agreement in accordance with section 104(d)(1) of this Act; or "(D) any potentially responsible party carrying out an agreement under section 106 or 122; to provide any remedial action under this Act at a facility listed on the National Priorities List, or any removal under this Act, with respect to any release or threatened release of a hazardous substance or pollutant or contaminant from the facility or to

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