EXECUTIVE
ORDER
EO 13308
Effective Date: June 24, 2003

Responsible Office: Office of Management Systems
Subject: Further Amendment to EO 12580, as Amended, Superfund Implementation

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.

[[Page 37692]]

``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.

		

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