Page:United States Statutes at Large Volume 91.djvu/1431

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PUBLIC LAW 95-190—NOV. 16, 1977

91 STAT. 1397

(including any recordkeeping or reporting requirement, any requirement respecting permits, and any other requirement whatsoever), (B) to the exercise of any Federal, State, or local administrative authority, and (C) to any process or sanction, whether enforced in Federal, State, or local courts or in any other manner. This subsection shall apply, notwithstanding any immunity of such agencies, under any law or rule of law. No officer, agent, or employee of the United States shall Liability. be personally liable for any civil penalty under this title with respect to any act or omission within the scope of his official duties.". "Person." (b) Section 1401(12) of such Act is amended to read as follows: "(12) The term 'person' means an individual, corporation, company, 42 USC 300f. association, partnership. State, municipality, or Federal agency (and includes officers, employees, and agents of any corporation, company, association. State, municipality, or Federal agency).". (c) Section 1449(e) of such Act is amended by adding the following Citizen's civil at the end thereof: "Nothing in this section or in any other law of the actions. United States shall be construed to prohibit, exclude, or restrict any 42 USC 300J-8. State or local government from— " (1) bringing any action or obtaining any remedy or sanction in any State or local court, or "(2) bringing any administrative action or obtaining any administrative remedy or sanction, against any agency of the United States under State or local law to enforce any requirement respecting the provision of safe drinking water or respecting any underground injection control program. Nothing in this section shall be construed to authorize judicial review Judicial review. of regulations or orders of the Administrator under this title, except as provided in section 1448. For provisions providing for application of 42 USC 300J-7. certain requirements to such agencies in the same manner as to nongovernmental entities, see section 1447.". Ante, p. 1396; (d) Section 1447 of such Act is further amended by inserting at the Infra. Federal agencies. end thereof a new subsection (c): "(c)(1) Nothing in the Safe Drinking Water Amendments of 1977 42 USC 300J-6. shall be construed to alter or affect the status of American Indian Indian rights and lands or water rights nor to waive any sovereignty over Indian lands sovereignty. guaranteed by treaty or statute. .• "(2) For the purposes of this Act, the term 'Federal agency' shall "Federal not be construed to refer to or include any American Indian tribe, nor agency." to the Secretary of the Interior in his capacity as trustee of Indian lands.". EMERGENCY ASSISTANCE

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SEC. 9. Section 1442(a)(2) of the Public Health Service Act is amended by inserting " (A) " after " (2) " and by adding the following new subparagraph at the end thereof: "(B) The Administrator is authorized to provide technical assistance and to make grants to States, or publicly owned water systems to assist in responding to and alleviating any emergency situation respecting drinking water which the Administrator determines ^i) may reasonably be anticipated to endanger public health, and (ii) arises from unknown conditions or conditions which such entity is unable to remedy without such emergency assistance.".

42 USC 300j-l. Technical assistance and grants,

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