THE WHITE HOUSE

Office of the Press Secretary

EXECUTIVE ORDER 13016

AMENDMENT TO EXECUTIVE ORDER NO. 12580

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, I hereby order that Executive Order No. 12580 of January 23, 1987, be amended by adding to section 4 the following new subsections:

Section 1. A new subsection (c)(3) is added to read as follows:

     "(3) Subject to subsections (a) and (b)(1) of this
     section, the functions vested in the President by
     sections 106(a) and 122 (except subsection (b)(1)) of the
     Act are delegated to the Secretary of the Interior, the
     Secretary of Commerce, the Secretary of Agriculture, the
     Secretary of Defense, and the Secretary of Energy, to be
     exercised only with the concurrence of the Coast Guard,
     with respect to any release or threatened release in the
     coastal zone, Great Lakes waters, ports, and harbors,
     affecting (1) natural resources under their trusteeship,
     or (2) a vessel or facility subject to their custody,
     jurisdiction, or control.  Such authority shall not
     be exercised at any vessel or facility at which the
     Coast Guard is the lead Federal agency for the conduct or
     oversight of a response action.  Such authority shall not
     be construed to authorize or permit use of the Hazardous
     Substance Superfund to implement section 106 or to fund
     performance of any response action in lieu of the payment
     by a person who receives but does not comply with an order
     pursuant to section 106(a), where such order has been
     issued by the Secretary of the Interior, the Secretary of
     Commerce, the Secretary of Agriculture, the Secretary of
     Defense, or the Secretary of Energy.  This subsection
     shall not be construed to limit any authority delegated by
     any other section of this order.  Authority granted under
     this subsection shall be exercised in a manner to ensure
     interagency coordination that enhances efficiency and
     effectiveness."

     Sec. 2.  A new subsection (d)(3) is added to section 4 to read as

follows:

     "(3) Subject to subsections (a), (b)(1), and (c)(1) of
     this section, the functions vested in the President by
     sections 106(a) and 122 (except subsection (b)(1)) of the
     Act are delegated to the Secretary of the Interior, the
     Secretary of Commerce, the Secretary of Agriculture, the
     Secretary of Defense, and the Department of Energy, to be
     exercised only with the concurrence of the Administrator,
     with respect to any release or threatened release affecting
     (1) natural resources under their trusteeship, or (2) a
     vessel or facility subject to their custody, jurisdiction, or
     control.  Such authority shall not be exercised at any vessel
     or facility at which the Administrator is the lead Federal
     official for the conduct or oversight of a response action.
     Such authority shall not be construed to authorize or permit
     use of the Hazardous Substance Superfund to implement
     section 106 or to fund performance of any response action in
     lieu of the payment by a person who receives but does not
     comply with an order pursuant to section 106(a), where such
     order has been issued by the Secretary of the Interior, the
     Secretary of Commerce, the Secretary of Agriculture, the
     Secretary of Defense, or the Secretary of Energy.  This
     subsection shall not be construed to limit any authority
     delegated by any other section of this order.  Authority
     granted under this subsection shall be exercised in a manner
     to ensure interagency coordination that enhances efficiency
     and effectiveness."

WILLIAM J. CLINTON

                           THE WHITE HOUSE,
                           August 28, 1996.

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