Page:United States Statutes at Large Volume 115 Part 3.djvu/286

 115 STAT. 2360 PUBLIC LAW 107-118-^AN. 11, 2002 President. President. President. 42 USC 9607 note. "(B) FAILURE TO COMPLY. —The President may decline to offer a settlement to a potentially responsible party under this subsection if the President determines that the potentially responsible party has failed to comply with any request for access or information or an administrative subpoena issued by the President under this Act or has impeded or is impeding, through action or inaction, the performance of a response action with respect to the facility. "(C) RESPONSIBILITY TO PROVIDE INFORMATION AND ACCESS. —^A potentially responsible party that enters into a settlement under this subsection shall not be relieved of the responsibility to provide any information or access requested in accordance with subsection (e)(3)(B) or section 104(e). "(9) BASIS OF DETERMINATION. —If the President determines that a potentially responsible party is not eligible for settlement under this subsection, the President shall provide the reasons for the determination in writing to the potentially responsible party that requested a settlement under this subsection. "(10) NOTIFICATION.— As soon as practicable after receipt of sufficient information to make a determination, the President shall notify any person that the President determines is eligible under paragraph (1) of the person's eligibility for an expedited settlement. "(11) No JUDICIAL REVIEW.—^A determination by the President under paragraph (7), (8), (9), or (10) shall not be subject to judicial review. "(12) NOTICE OF SETTLEMENT. — After a settlement under this subsection becomes final with respect to a facility, the President shall promptly notify potentially responsible parties at the facility that have not resolved their liability to the United States of the settlement.". SEC. 103. EFFECT ON CONCLUDED ACTIONS. The amendments made by this title shall not apply to or in any way affect any settlement lodged in, or judgment issued by, a United States District Court, or any administrative settlement or order entered into or issued by the United States or any State, before the date of the enactment of this Act. Brownfields Revitalization and Environmental Restoration Act of 2001. 42 USC 9601 note. TITLE II—BROWNFIELDS REVITALIZA- TION AND ENVIRONMENTAL RES- TORATION SEC. 201. SHORT TITLE. This title may be cited as the "Brownfields Revitalization and Environmental Restoration Act of 2001". Subtitle A—Brownfields Revitalization Funding SEC. 211, BROWNFIELDS REVITALIZATION FUNDING. (a) DEFINITION OF BROWNFIELD SITE. — Section 101 of the Comprehensive Environmental Response, Compensation, and Liability

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