THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release August 28, 1996

EXECUTIVE ORDER

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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