Sec. 502. Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land
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In this section: The term eligible non-NPL site means a site that— is not on the National Priorities List; but the Administrator determines would be eligible for listing on the National Priorities List based on the presence of hazards from contamination at the site, applying the hazard ranking system described in section 105(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(c) ). The term Indian Tribe has the meaning given the term Indian tribe in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ).
The term National Priorities List means the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ). There are authorized to be appropriated for each of fiscal years 2022 through 2031, to remain available until expended— $97,000,000 to the Administrator to carry out this section (except for subsection (d)); and $3,000,000 to the Administrator of the Agency for Toxic Substances and Disease Registry to carry out subsection (d).
Amounts appropriated under subsection (b)(1) shall be used by the Administrator— to carry out removal actions on abandoned mine land located on Tribal land; to carry out remedial actions on abandoned mine land located on Tribal land at— eligible non-NPL sites; and sites listed on the National Priorities List; and to make grants under subsection (e). Subject to the availability of appropriations, the Agency for Toxic Substances and Disease Registry, in coordination with Tribal health authorities, shall perform 1 or more health assessments at each eligible non-NPL site that is located on Tribal land.
The Administrator may use amounts appropriated under subsection (b)(1) to make grants to Indian Tribes on whose land is located an eligible non-NPL site. A grant under paragraph
(1)shall be used in accordance with the second sentence of section 117(e)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(1) ). A grant under paragraph
(1)shall be governed by the rules, procedures, and limitations described in section 117(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(2) ), except that— Administrator of the Environmental Protection Agency shall be substituted for President each place it appears in that section; and in the first sentence of that section, under section 502 of the shall be substituted for American Nuclear Infrastructure Act of 2021 under this subsection . If a remedial action described in subsection (c)(2) is scheduled at an eligible non-NPL site, no action may be commenced for damages (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )) with respect to that eligible non-NPL site unless the action is commenced within the timeframe provided for such actions with respect to facilities on the National Priorities List in the first sentence of the matter following subparagraph
(B)of section 113(g)(1) of that Act ( 42 U.S.C. 9613(g)(1) ). The Administrator shall coordinate with the Indian Tribe on whose land the applicable site is located in— selecting and prioritizing sites for removal actions and remedial actions under paragraphs
(1)and
(2)of subsection (c); and carrying out those removal actions and remedial actions.
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Sec. 502
Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land
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