[Weekly Compilation of Presidential Documents Volume 39, Number 25 (Monday, June 23, 2003)]
[Pages 789-790]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13308--Further Amendment to Executive Order 12580, as 
Amended, Superfund Implementation

June 20, 2003

    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

[[Page 790]]

      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.''
                                                George W. Bush
The White House,
June 20, 2003.

[Filed with the Office of the Federal Register, 8:45 a.m., June 23, 
2003]

Note: This Executive order will be published in the Federal Register on 
June 24.