Page:United States Statutes at Large Volume 100 Part 2.djvu/603

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1705

"(e) RULES APPLICABLE TO SUBSECTION (a)(2) ACTIONS.—No action

may be commenced under paragraph (2) of subsection (a) before the 60th day following the date on which the plaintiff gives notice to the Administrator or other department, agency, or instrumentality that the plaintiff will commence such action. Notice under this subsection shall be given in such manner as the President shall prescribe by regulation. "(f) COSTS.—The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or the substantially prevailing party whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. "(g) INTERVENTION.—In any action under this section, the United States or the State, or both, if not a party may intervene as a matter of right. For other provisions regarding intervention, see section 113. "(h) OTHER RIGHTS.—This Act does not affect or otherwise impair the rights of any person under Federal, State, or common law, except with respect to the timing of review as provided in section 113(h) or as otherwise provided in section 309 (relating to actions under State law). "(i) DEFINITIONS.—The terms used in this section shall have the same meanings as when used in title I.".

President of U.S. Regulations,

18 USC app.

Ante, p. 1650. 42 USC 9601.

SEC. 207. INDIAN TRIBES.

(a) DEFINITION.—For definition of Indian tribe, see the amendments made by section 101 of this Act. (b) FUTURE MAINTENANCE AND COST SHARING.—Section 104(c)(3) of CERCLA is amended by adding at the end thereof the following: "In the case of remedial action to be taken on land or water held by an Indian tribe, held by the United States in trust for Indians, held by a member of an Indian tribe (if such land or water is subject to a trust restriction on alienation), or otherwise within the borders of an Indian reservation, the requirements of this paragraph for assurances regarding future maintenance and cost-sharing shall not apply, and the President shall provide the assurance required by this paragraph regarding the availability of a hazardous waste disposal facility.". (c) LIABILITY.—Section 107 of CERCLA is amended as follows: (1) In subsection (a) by inserting "or an Indian tribe" after .. "State"; (2) In subsection (f): 1, (A) Insert after "State" the third time that word appears the following: "and to 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 it such tribe, or belonging to a member of such tribe if such ti resources are subject to a trust restriction on alienation". (B) Insert "or Indian tribe" after "State" the fourth time that word appears. (C) Add before the period at the end of the first sentence the following: ", so long as, in the case of damages to an Indian tribe occurring pursuant to a Federal permit or license, the issuance of that permit or license was not

42 USC 9604.

42 USC 9607. ' -q *-^*^

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