Further Amendment to Executive Order 12580, as Amended, Superfund Implementation

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Part VI

The President

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Executive Order 13308--Further Amendment to Executive Order 12580, as
Amended, Superfund Implementation

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Title 3--
The President

Executive Order 13308 of June 20, 2003

Further Amendment to Executive Order 12580, as
Amended, Superfund Implementation

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 115 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. 9601 et seq.) (the
``Act''), and section 301 of title 3, United States
Code, Executive Order 12580 of January 23, 1987, is
hereby amended as follows:

Section 1. In Section 1(b)(1), the phrase ``Sections
105(a), (b), (c), and (g)'' is revised to read
``Sections 105(a), (b), (c), (g) and (h)''.

Sec. 2. In Section 5, a new subsection (f) and a new
subsection (g) are added to read as follows:

``(f) The functions vested in the President by Section 107(o) and (p) of
the Act are delegated to the heads of the Executive departments and
agencies, to be exercised in consultation with the Administrator, with
respect to releases or threatened releases where either the release is on
or the sole source of the release is from any facility under the
jurisdiction, custody, or control of those departments and agencies.

(g) Subject to subsection (f) of this Section, the functions vested in the
President by Section 107(o) and (p) of the Act are delegated to the
Administrator except that, with respect to determinations regarding natural
resource restoration, the Administrator shall make such determinations in
consultation with the appropriate Federal natural resource trustee.''

Sec. 3. New Sections 12, 13, and 14 are added to read
as follows:

``Sec. 12. Brownfields.

(a) The functions vested in the President by Sections 101(39) and (41) and
104(k) of the Act are delegated to the Administrator.

(b) The functions vested in the President by Section 128(b)(1)(B)(ii) of
the Act are delegated to the heads of the Executive departments and
agencies, to be exercised in consultation with the Administrator, with
respect to property subject to their jurisdiction, custody, or control.

(c) The functions vested in the President by Section 128(b)(1)(E) of the
Act are delegated to the heads of Executive departments and agencies in
cases where they have acted under subsection (b) of this Section.

(d) Subject to subsections (b) and (c) of this Section, the functions
vested in the President by Section 128 of the Act are delegated to the
Administrator.

``Sec. 13. Preservation of Authorities.

Nothing in this order shall be construed to impair or otherwise affect the
functions of the Director of the Office of Management and Budget relating
to budget, administrative, or legislative proposals.

``Sec. 14. General Provision.

This order is intended only to improve the internal management of the
Federal Government and is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or equity by a
party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other
person.''

(Presidential Sig.)B

THE WHITE HOUSE,

June 20, 2003.