Page:United States Statutes at Large Volume 100 Part 2.djvu/585

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1687

dressed in the settlement. Such settlement shall not discharge any of the other potentially liable persons unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement. e "(i) SETTLEMENT PROCEDURES.— "(1) PUBLICATION IN FEDERAL REGISTER.—At l e a s t 3 0 dayS

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before any settlement (including any settlement arrived at Register, through arbitration) may become final under subsection (h), or Publication, under subsection (g) in the case of a settlement embodied in an administrative order, the head of the department or agency which has jurisdiction over the proposed settlement shall publish in the Federal Register notice of the proposed settlement. The notice shall identify the facility concerned and the parties to the proposed settlement. "(2) COMMENT PERIOD.—For a 30-day period beginning on the date of publication of notice under paragraph (1) of a proposed settlement, the head of the department or agency which has jurisdiction over the proposed settlement shall provide an j, opportunity for persons who are not parties to the proposed settlement to file written comments relating to the proposed settlement. "(3) CONSIDERATION OF COMMENTS.—The head of the department or agency shall consider any comments filed under paragraph (2) in determining whether or not to consent to the proposed settlement and may withdraw or withhold consent to the proposed settlement if such comments disclose facts or considerations which indicate the proposed settlement is inappropriate, improper, or inadequate, "(j) NATURAL RESOURCES.— "(1) NOTIFICATION OF TRUSTEE.—Where a release or threat-

ened release of £my hazardous substance that is the subject of negotiations under this section may have resulted in damages to natural resources under the trusteeship of the United States, i the President shall notify the Federal natural resource trustee of the negotiations and shall encourage the participation of such trustee in the negotiations. "(2) COVENANT NOT TO SUE.—An agreement under this section may contain a covengmt not to sue under section 107(a)(4)(C) for 42 USC 9607. damages to natural resources under the trusteeship of the United States resulting from the release or threatened release of hazardous substances that is the subject of the agreement, but only if the Federal natural resource trustee has agreed in writing to such covenant. The Federal natural resource trustee may agree to such covenant if the potentially responsible party agrees to undertake appropriate actions necessary to protect 5 and restore the natural resources damaged by such release or threatened release of hazardous substances, "(k) SECTION NOT APPLICABLE TO VESSELS.—The provisions of this section shall not apply to releases from a vessel. "(1) CIVIL PENALTIES.—A potentially responsible party which is a party to an administrative order or consent decree entered pursuant to an Eigreement under this section or section 120 (relating to Federal facilities) or which is a party to an agreement under section 120 and which fails or refuses to comply with any term or condition of the order, decree or agreement shall be subject to a civil penalty in accordance with section 109.

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