---
kind: "section"
citation: "42 U.S.C. § 9622"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9622"
heading: "Settlements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9622"
units:
  - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability"
  - "Subchapter I — Hazardous Substances Releases, Liability, Compensation"
---

# §9622. Settlements

- (a) **Authority to enter into agreements—** The President, in his discretion, may enter into an agreement with any [person](/usc/42/9601.md?p=21) (including the [owner or operator](/usc/42/9601.md?p=20-A) of the [facility](/usc/42/9601.md?p=9) from which a [release](/usc/42/9601.md?p=22) or substantial threat of [release](/usc/42/9601.md?p=22) emanates, or any other potentially responsible [person](/usc/42/9601.md?p=21)), to perform any [response](/usc/42/9601.md?p=25) action (including any action described in [section 9604(b) of this title](/usc/42/9604.md?p=b)) if the President determines that such action will be done properly by such [person](/usc/42/9601.md?p=21). Whenever practicable and in the public interest, as determined by the President, the President shall act to facilitate agreements under this section that are in the public interest and consistent with the [National Contingency Plan](/usc/42/9601.md?p=31) in order to expedite effective [remedial actions](/usc/42/9601.md?p=24) and minimize litigation. If the President decides not to use the procedures in this section, the President shall notify in writing potentially responsible parties at the [facility](/usc/42/9601.md?p=9) of such decision and the reasons why use of the procedures is inappropriate. A decision of the President to use or not to use the procedures in this section is not subject to judicial review.
- (b) **Agreements with potentially responsible parties—**
  - (1) **Mixed funding—** An agreement under this section may provide that the President will reimburse the parties to the agreement from the [Fund](/usc/42/9601.md?p=11), with interest, for certain costs of actions under the agreement that the parties have agreed to perform but which the President has agreed to finance. In any case in which the President provides such reimbursement, the President shall make all reasonable efforts to recover the amount of such reimbursement under [section 9607 of this title](/usc/42/9607.md) or under other relevant authorities.
  - (2) **Reviewability—** The President’s decisions regarding the availability of [fund](/usc/42/9601.md?p=11) financing under this subsection shall not be subject to judicial review under [subsection (d)](#d).
  - (3) **Retention of funds—** If, as part of any agreement, the President will be carrying out any action and the parties will be paying amounts to the President, the President may, notwithstanding any other provision of law, retain and use such amounts for purposes of carrying out the agreement.
  - (4) **Future obligation of Fund—** In the case of a completed [remedial action](/usc/42/9601.md?p=24) pursuant to an agreement described in [paragraph (1)](#b-1), the [Fund](/usc/42/9601.md?p=11) shall be subject to an obligation for subsequent [remedial actions](/usc/42/9601.md?p=24) at the same [facility](/usc/42/9601.md?p=9) but only to the extent that such subsequent actions are necessary by reason of the failure of the original [remedial action](/usc/42/9601.md?p=24). Such obligation shall be in a proportion equal to, but not exceeding, the proportion contributed by the [Fund](/usc/42/9601.md?p=11) for the original [remedial action](/usc/42/9601.md?p=24). The [Fund](/usc/42/9601.md?p=11)’s obligation for such future [remedial action](/usc/42/9601.md?p=24) may be met through [Fund](/usc/42/9601.md?p=11) expenditures or through payment, following settlement or enforcement action, by parties who were not signatories to the original agreement.
- (c) **Effect of agreement—**
  - (1) **Liability—** Whenever the President has entered into an agreement under this section, the [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) under this chapter of each party to the agreement, including any future [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27), arising from the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) that is the subject of the agreement shall be limited as provided in the agreement pursuant to a covenant not to sue in accordance with [subsection (f)](#f). A covenant not to sue may provide that future [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) of a settling potentially responsible party under the agreement may be limited to the same proportion as that established in the original settlement agreement. Nothing in this section shall limit or otherwise affect the authority of any court to review in the consent decree process under [subsection (d)](#d) any covenant not to sue contained in an agreement under this section. In determining the extent to which the [liability](/usc/42/9601.md?p=32) of parties to an agreement shall be limited pursuant to a covenant not to sue, the President shall be guided by the principle that a more complete covenant not to sue shall be provided for a more permanent [remedy](/usc/42/9601.md?p=24) undertaken by such parties.
  - (2) **Actions against other persons—** If an agreement has been entered into under this section, the President may take any action under [section 9606 of this title](/usc/42/9606.md) against any [person](/usc/42/9601.md?p=21) who is not a party to the agreement, once the period for submitting a proposal under [subsection (e)(2)(B)](#e-2-B) has expired. Nothing in this section shall be construed to affect either of the following:
    - (A) The [liability](/usc/42/9601.md?p=32) of any [person](/usc/42/9601.md?p=21) under section [9606](/usc/42/9606.md) or [9607](/usc/42/9607.md) of this title with respect to any costs or [damages](/usc/42/9601.md?p=6) which are not included in the agreement.
    - (B) The authority of the President to maintain an action under this chapter against any [person](/usc/42/9601.md?p=21) who is not a party to the agreement.
- (d) **Enforcement—**
  - (1) **Cleanup agreements—**
    - (A) **Consent decree—** Whenever the President enters into an agreement under this section with any potentially responsible party with respect to [remedial action](/usc/42/9601.md?p=24) under [section 9606 of this title](/usc/42/9606.md), following approval of the agreement by the Attorney General, except as otherwise provided in the case of certain administrative settlements referred to in [subsection (g)](#g), the agreement shall be entered in the appropriate [United States](/usc/42/9601.md?p=27) district court as a consent decree. The President need not make any finding regarding an imminent and substantial endangerment to the public health or the [environment](/usc/42/9601.md?p=8) in connection with any such agreement or consent decree.
    - (B) **Effect—** The entry of any consent decree under this subsection shall not be construed to be an acknowledgment by the parties that the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) concerned constitutes an imminent and substantial endangerment to the public health or welfare or the [environment](/usc/42/9601.md?p=8). Except as otherwise provided in the Federal Rules of Evidence, the participation by any party in the process under this section shall not be considered an admission of [liability](/usc/42/9601.md?p=32) for any purpose, and the fact of such participation shall not be admissible in any judicial or administrative proceeding, including a subsequent proceeding under this section.
    - (C) **Structure—** The President may fashion a consent decree so that the entering of such decree and compliance with such decree or with any determination or agreement made pursuant to this section shall not be considered an admission of [liability](/usc/42/9601.md?p=32) for any purpose.
  - (2) **Public participation—**
    - (A) **Filing of proposed judgment—** At least 30 days before a final judgment is entered under [paragraph (1)](#d-1), the proposed judgment shall be filed with the court.
    - (B) **Opportunity for comment—** The Attorney General shall provide an opportunity to [persons](/usc/42/9601.md?p=21) who are not named as parties to the action to comment on the proposed judgment before its entry by the court as a final judgment. The Attorney General shall consider, and file with the court, any written comments, views, or allegations relating to the proposed judgment. The Attorney General may withdraw or withhold its consent to the proposed judgment if the comments, views, and allegations concerning the judgment disclose facts or considerations which indicate that the proposed judgment is inappropriate, improper, or inadequate.
  - (3) **9604(b) agreements—** Whenever the President enters into an agreement under this section with any potentially responsible party with respect to action under [section 9604(b) of this title](/usc/42/9604.md?p=b), the President shall issue an order or enter into a decree setting forth the obligations of such party. The [United States](/usc/42/9601.md?p=27) district court for the district in which the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) occurs may enforce such order or decree.
- (e) **Special notice procedures—**
  - (1) **Notice—** Whenever the President determines that a period of negotiation under this subsection would facilitate an agreement with potentially responsible parties for taking [response](/usc/42/9601.md?p=25) action (including any action described in [section 9604(b) of this title](/usc/42/9604.md?p=b)) and would expedite [remedial action](/usc/42/9601.md?p=24), the President shall so notify all such parties and shall provide them with information concerning each of the following:
    - (A) The names and addresses of potentially responsible parties (including [owners](/usc/42/13641.md?p=4) and operators and other [persons](/usc/42/9601.md?p=21) referred to in [section 9607(a) of this title](/usc/42/9607.md?p=a)), to the extent such information is available.
    - (B) To the extent such information is available, the volume and nature of substances contributed by each potentially responsible party identified at the [facility](/usc/42/9601.md?p=9).
    - (C) A ranking by volume of the substances at the [facility](/usc/42/9601.md?p=9), to the extent such information is available.

    The President shall make the information referred to in this paragraph available in advance of notice under this paragraph upon the request of a potentially responsible party in accordance with procedures provided by the President. The provisions of subsection (e) of [section 9604 of this title](/usc/42/9604.md) regarding protection of confidential information apply to information provided under this paragraph. Disclosure of information generated by the President under this section to [persons](/usc/42/9601.md?p=21) other than the Congress, or any duly authorized Committee thereof, is subject to other privileges or protections provided by law, including (but not limited to) those applicable to attorney work product. Nothing contained in this paragraph or in other provisions of this chapter shall be construed, interpreted, or applied to diminish the required disclosure of information under other provisions of this or other Federal or [State](/usc/42/9601.md?p=27) laws.

  - (2) **Negotiation—**
    - (A) **Moratorium—** Except as provided in this subsection, the President may not commence action under [section 9604(a) of this title](/usc/42/9604.md?p=a) or take any action under [section 9606 of this title](/usc/42/9606.md) for 120 days after providing notice and information under this subsection with respect to such action. Except as provided in this subsection, the President may not commence a remedial investigation and feasibility study under [section 9604(b) of this title](/usc/42/9604.md?p=b) for 90 days after providing notice and information under this subsection with respect to such action. The President may commence any additional studies or investigations authorized under [section 9604(b) of this title](/usc/42/9604.md?p=b), including remedial design, during the negotiation period.
    - (B) **Proposals—** [Persons](/usc/42/9601.md?p=21) receiving notice and information under paragraph (1) of this subsection with respect to action under [section 9606 of this title](/usc/42/9606.md) shall have 60 days from the date of receipt of such notice to make a proposal to the President for undertaking or financing the action under [section 9606 of this title](/usc/42/9606.md). [Persons](/usc/42/9601.md?p=21) receiving notice and information under paragraph (1) of this subsection with respect to action under [section 9604(b) of this title](/usc/42/9604.md?p=b) shall have 60 days from the date of receipt of such notice to make a proposal to the President for undertaking or financing the action under [section 9604(b) of this title](/usc/42/9604.md?p=b).
    - (C) **Additional parties—** If an additional potentially responsible party is identified during the negotiation period or after an agreement has been entered into under this subsection concerning a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22), the President may bring the additional party into the negotiation or enter into a separate agreement with such party.
  - (3) **Preliminary allocation of responsibility—**
    - (A) **In general—** The President shall develop guidelines for preparing nonbinding preliminary [allocations](/usc/42/2021b.md?p=2) of responsibility. In developing these guidelines the President may include such factors as the President considers relevant, such as: volume, toxicity, mobility, strength of evidence, ability to pay, litigative risks, public interest considerations, precedential value, and inequities and aggravating factors. When it would expedite settlements under this section and [remedial action](/usc/42/9601.md?p=24), the President may, after completion of the remedial investigation and feasibility study, provide a nonbinding preliminary [allocation](/usc/42/2021b.md?p=2) of responsibility which allocates percentages of the total cost of [response](/usc/42/9601.md?p=25) among potentially responsible parties at the [facility](/usc/42/9601.md?p=9).
    - (B) **Collection of information—** To collect information necessary or appropriate for performing the [allocation](/usc/42/2021b.md?p=2) under [subparagraph (A)](#e-3-A) or for otherwise implementing this section, the President may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents, answers to questions, and other information that the President deems necessary. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the [United States](/usc/42/9601.md?p=27). In the event of contumacy or failure or refusal of any [person](/usc/42/9601.md?p=21) to obey any such subpoena, any district court of the [United States](/usc/42/9601.md?p=27) in which venue is proper shall have jurisdiction to order any such [person](/usc/42/9601.md?p=21) to comply with such subpoena. Any failure to obey such an order of the court is punishable by the court as a contempt thereof.
    - (C) **Effect—** The nonbinding preliminary [allocation](/usc/42/2021b.md?p=2) of responsibility shall not be admissible as evidence in any proceeding, and no court shall have jurisdiction to review the nonbinding preliminary [allocation](/usc/42/2021b.md?p=2) of responsibility. The nonbinding preliminary [allocation](/usc/42/2021b.md?p=2) of responsibility shall not constitute an apportionment or other statement on the divisibility of harm or causation.
    - (D) **Costs—** The costs incurred by the President in producing the nonbinding preliminary [allocation](/usc/42/2021b.md?p=2) of responsibility shall be reimbursed by the potentially responsible parties whose offer is accepted by the President. Where an offer under this section is not accepted, such costs shall be considered costs of [response](/usc/42/9601.md?p=25).
    - (E) **Decision to reject offer—** Where the President, in his discretion, has provided a nonbinding preliminary [allocation](/usc/42/2021b.md?p=2) of responsibility and the potentially responsible parties have made a substantial offer providing for [response](/usc/42/9601.md?p=25) to the President which he rejects, the reasons for the rejection shall be provided in a written explanation. The President’s decision to reject such an offer shall not be subject to judicial review.
  - (4) **Failure to propose—** If the President determines that a good faith proposal for undertaking or financing action under [section 9606 of this title](/usc/42/9606.md) has not been submitted within 60 days of the provision of notice pursuant to this subsection, the President may thereafter commence action under [section 9604(a) of this title](/usc/42/9604.md?p=a) or take an action against any [person](/usc/42/9601.md?p=21) under [section 9606 of this title](/usc/42/9606.md). If the President determines that a good faith proposal for undertaking or financing action under [section 9604(b) of this title](/usc/42/9604.md?p=b) has not been submitted within 60 days after the provision of notice pursuant to this subsection, the President may thereafter commence action under [section 9604(b) of this title](/usc/42/9604.md?p=b).
  - (5) **Significant threats—** Nothing in this subsection shall limit the President’s authority to undertake [response](/usc/42/9601.md?p=25) or enforcement action regarding a significant threat to public health or the [environment](/usc/42/9601.md?p=8) within the negotiation period established by this subsection.
  - (6) **Inconsistent response action—** When either the President, or a potentially responsible party pursuant to an administrative order or consent decree under this chapter, has initiated a remedial investigation and feasibility study for a particular [facility](/usc/42/9601.md?p=9) under this chapter, no potentially responsible party may undertake any [remedial action](/usc/42/9601.md?p=24) at the [facility](/usc/42/9601.md?p=9) unless such [remedial action](/usc/42/9601.md?p=24) has been authorized by the President.
- (f) **Covenant not to sue—**
  - (1) **Discretionary covenants—** The President may, in his discretion, provide any [person](/usc/42/9601.md?p=21) with a covenant not to sue concerning any [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) under this chapter, including future [liability](/usc/42/9601.md?p=32), resulting from a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) addressed by a [remedial action](/usc/42/9601.md?p=24), whether that action is onsite or offsite, if each of the following conditions is met:
    - (A) The covenant not to sue is in the public interest.
    - (B) The covenant not to sue would expedite [response](/usc/42/9601.md?p=25) action consistent with the [National Contingency Plan](/usc/42/9601.md?p=31) under [section 9605 of this title](/usc/42/9605.md).
    - (C) The [person](/usc/42/9601.md?p=21) is in full compliance with a consent decree under [section 9606 of this title](/usc/42/9606.md) (including a consent decree entered into in accordance with this section) for [response](/usc/42/9601.md?p=25) to the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) concerned.
    - (D) The [response](/usc/42/9601.md?p=25) action has been approved by the President.
  - (2) **Special covenants not to sue—** In the case of any [person](/usc/42/9601.md?p=21) to whom the President is authorized under paragraph (1) of this subsection to provide a covenant not to sue, for the portion of [remedial action](/usc/42/9601.md?p=24)—
    - (A) which involves the [transport](/usc/42/9601.md?p=26) and secure disposition offsite of [hazardous substances](/usc/42/9601.md?p=14) in a [facility](/usc/42/9601.md?p=9) meeting the requirements of [sections 6924(c)](/usc/42/6924.md?p=c), (d), (e), (f), (g), (m), (o), (p), (u), and (v) and [6925(c)](/usc/42/6925.md?p=c) of this title, where the President has rejected a proposed [remedial action](/usc/42/9601.md?p=24) that is consistent with the [National Contingency Plan](/usc/42/9601.md?p=31) that does not include such offsite disposition and has thereafter required offsite disposition; or
    - (B) which involves the [treatment](/usc/42/9601.md?p=29) of [hazardous substances](/usc/42/9601.md?p=14) so as to destroy, eliminate, or permanently immobilize the hazardous constituents of such substances, such that, in the judgment of the President, the substances no longer present any current or currently foreseeable future significant risk to public health, welfare or the [environment](/usc/42/9601.md?p=8), no byproduct of the [treatment](/usc/42/9601.md?p=29) or destruction process presents any significant hazard to public health, welfare or the [environment](/usc/42/9601.md?p=8), and all byproducts are themselves treated, destroyed, or contained in a manner which assures that such byproducts do not present any current or currently foreseeable future significant risk to public health, welfare or the [environment](/usc/42/9601.md?p=8),

    the President shall provide such [person](/usc/42/9601.md?p=21) with a covenant not to sue with respect to future [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) under this chapter for a future [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14) from such [facility](/usc/42/9601.md?p=9), and a [person](/usc/42/9601.md?p=21) provided such covenant not to sue shall not be [liable](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) under section [9606](/usc/42/9606.md) or [9607](/usc/42/9607.md) of this title with respect to such [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) at a future time.

  - (3) **Requirement that remedial action be completed—** A covenant not to sue concerning future [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) shall not take effect until the President certifies that [remedial action](/usc/42/9601.md?p=24) has been completed in accordance with the requirements of this chapter at the [facility](/usc/42/9601.md?p=9) that is the subject of such covenant.
  - (4) **Factors—** In assessing the appropriateness of a covenant not to sue under [paragraph (1)](#f-1) and any condition to be included in a covenant not to sue under paragraph [(1)](#f-1) or [(2)](#f-2), the President shall consider whether the covenant or condition is in the public interest on the basis of such factors as the following:
    - (A) The effectiveness and reliability of the [remedy](/usc/42/9601.md?p=24), in light of the other alternative [remedies](/usc/42/9601.md?p=24) considered for the [facility](/usc/42/9601.md?p=9) concerned.
    - (B) The nature of the risks remaining at the [facility](/usc/42/9601.md?p=9).
    - (C) The extent to which performance standards are included in the order or decree.
    - (D) The extent to which the [response](/usc/42/9601.md?p=25) action provides a complete [remedy](/usc/42/9601.md?p=24) for the [facility](/usc/42/9601.md?p=9), including a reduction in the hazardous nature of the substances at the [facility](/usc/42/9601.md?p=9).
    - (E) The extent to which the technology used in the [response](/usc/42/9601.md?p=25) action is demonstrated to be effective.
    - (F) Whether the [Fund](/usc/42/9601.md?p=11) or other sources of funding would be available for any additional [remedial actions](/usc/42/9601.md?p=24) that might eventually be necessary at the [facility](/usc/42/9601.md?p=9).
    - (G) Whether the [remedial action](/usc/42/9601.md?p=24) will be carried out, in whole or in significant part, by the responsible parties themselves.
  - (5) **Satisfactory performance—** Any covenant not to sue under this subsection shall be subject to the satisfactory performance by such party of its obligations under the agreement concerned.
  - (6) **Additional condition for future liability—**
    - (A) Except for the portion of the [remedial action](/usc/42/9601.md?p=24) which is subject to a covenant not to sue under [paragraph (2)](#f-2) or under [subsection (g)](#g) (relating to de minimis settlements), a covenant not to sue a [person](/usc/42/9601.md?p=21) concerning future [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) shall include an exception to the covenant that allows the President to sue such [person](/usc/42/9601.md?p=21) concerning future [liability](/usc/42/9601.md?p=32) resulting from the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) that is the subject of the covenant where such [liability](/usc/42/9601.md?p=32) arises out of conditions which are unknown at the time the President certifies under [paragraph (3)](#f-3) that [remedial action](/usc/42/9601.md?p=24) has been completed at the [facility](/usc/42/9601.md?p=9) concerned.
    - (B) In extraordinary circumstances, the President may determine, after assessment of relevant factors such as those referred to in [paragraph (4)](#f-4) and volume, toxicity, mobility, strength of evidence, ability to pay, litigative risks, public interest considerations, precedential value, and inequities and aggravating factors, not to include the exception referred to in [subparagraph (A)](#f-6-A) if other terms, conditions, or requirements of the agreement containing the covenant not to sue are sufficient to provide all reasonable assurances that public health and the [environment](/usc/42/9601.md?p=8) will be protected from any future [releases](/usc/42/9601.md?p=22) at or from the [facility](/usc/42/9601.md?p=9).
    - (C) The President is authorized to include any provisions allowing future enforcement action under section [9606](/usc/42/9606.md) or [9607](/usc/42/9607.md) of this title that in the discretion of the President are necessary and appropriate to assure protection of public health, welfare, and the [environment](/usc/42/9601.md?p=8).
- (g) **De minimis settlements—**
  - (1) **Expedited final settlement—** Whenever practicable and in the public interest, as determined by the President, the President shall as promptly as possible reach a final settlement with a potentially responsible party in an administrative or civil action under section [9606](/usc/42/9606.md) or [9607](/usc/42/9607.md) of this title if such settlement involves only a minor portion of the [response](/usc/42/9601.md?p=25) costs at the [facility](/usc/42/9601.md?p=9) concerned and, in the judgment of the President, the conditions in either of the following subparagraph [(A)](#g-1-A) or [(B)](#g-1-B) are met:
    - (A) Both of the following are minimal in comparison to other [hazardous substances](/usc/42/9601.md?p=14) at the [facility](/usc/42/9601.md?p=9):
      - (i) The amount of the [hazardous substances](/usc/42/9601.md?p=14) contributed by that party to the [facility](/usc/42/9601.md?p=9).
      - (ii) The toxic or other hazardous effects of the substances contributed by that party to the [facility](/usc/42/9601.md?p=9).
    - (B) The potentially responsible party—
      - (i) is the [owner](/usc/42/13641.md?p=4) of the real property on or in which the [facility](/usc/42/9601.md?p=9) is located;
      - (ii) did not conduct or permit the generation, [transportation](/usc/42/9601.md?p=26), storage, [treatment](/usc/42/9601.md?p=29), or [disposal](/usc/42/9601.md?p=29) of any [hazardous substance](/usc/42/9601.md?p=14) at the [facility](/usc/42/9601.md?p=9); and
      - (iii) did not contribute to the [release](/usc/42/9601.md?p=22) or threat of [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) at the [facility](/usc/42/9601.md?p=9) through any action or omission.

      This [subparagraph (B)](#g-1-B) does not apply if the potentially responsible party purchased the real property with actual or constructive knowledge that the property was used for the generation, [transportation](/usc/42/9601.md?p=26), storage, [treatment](/usc/42/9601.md?p=29), or [disposal](/usc/42/9601.md?p=29) of any [hazardous substance](/usc/42/9601.md?p=14).

  - (2) **Covenant not to sue—** The President may provide a covenant not to sue with respect to the [facility](/usc/42/9601.md?p=9) concerned to any party who has entered into a settlement under this subsection unless such a covenant would be inconsistent with the public interest as determined under [subsection (f)](#f).
  - (3) **Expedited agreement—** The President shall reach any such settlement or grant any such covenant not to sue as soon as possible after the President has available the information necessary to reach such a settlement or grant such a covenant.
  - (4) **Consent decree or administrative order—** A settlement under this subsection shall be entered as a consent decree or embodied in an administrative order setting forth the terms of the settlement. In the case of any [facility](/usc/42/9601.md?p=9) where the total [response](/usc/42/9601.md?p=25) costs exceed $500,000 (excluding interest), if the settlement is embodied as an administrative order, the order may be issued only with the prior written approval of the Attorney General. If the Attorney General or his designee has not approved or disapproved the order within 30 days of this referral, the order shall be deemed to be approved unless the Attorney General and the [Administrator](/usc/42/9601.md?p=2) have agreed to extend the time. The district court for the district in which the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) occurs may enforce any such administrative order.
  - (5) **Effect of agreement—** A party who has resolved its [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) under this subsection shall not be [liable](/usc/42/9601.md?p=32) for [claims](/usc/42/9601.md?p=4) for contribution regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially responsible parties unless its terms so provide, but it reduces the potential [liability](/usc/42/9601.md?p=32) of the others by the amount of the settlement.
  - (6) **Settlements with other potentially responsible parties—** Nothing in this subsection shall be construed to affect the authority of the President to reach settlements with other potentially responsible parties under this chapter.
  - (7) **Reduction in settlement amount based on limited ability to pay—**
    - (A) **In general—** The condition for settlement under this paragraph is that the potentially responsible party is a [person](/usc/42/9601.md?p=21) who demonstrates to the President an inability or a limited ability to pay [response](/usc/42/9601.md?p=25) costs.
    - (B) **Considerations—** In determining whether or not a demonstration is made under [subparagraph (A)](#g-7-A) by a [person](/usc/42/9601.md?p=21), the President shall take into consideration the ability of the [person](/usc/42/9601.md?p=21) to pay [response](/usc/42/9601.md?p=25) costs and still maintain its basic business operations, including consideration of the overall financial condition of the [person](/usc/42/9601.md?p=21) and demonstrable constraints on the ability of the [person](/usc/42/9601.md?p=21) to raise revenues.
    - (C) **Information—** A [person](/usc/42/9601.md?p=21) requesting settlement under this paragraph shall promptly provide the President with all relevant information needed to determine the ability of the [person](/usc/42/9601.md?p=21) to pay [response](/usc/42/9601.md?p=25) costs.
    - (D) **Alternative payment methods—** If the President determines that a [person](/usc/42/9601.md?p=21) is unable to pay its total settlement amount at the time of settlement, the President shall consider such alternative payment methods as may be necessary or appropriate.
  - (8) **Additional conditions for expedited settlements—**
    - (A) **Waiver of claims—** The President shall require, as a condition for settlement under this subsection, that a potentially responsible party waive all of the [claims](/usc/42/9601.md?p=4) (including a [claim](/usc/42/9601.md?p=4) for contribution under this chapter) that the party may have against other potentially responsible parties for [response](/usc/42/9601.md?p=25) costs incurred with respect to the [facility](/usc/42/9601.md?p=9), unless the President determines that requiring a waiver would be unjust.
    - (B) **Failure to comply—** The President may decline to offer a settlement to a potentially responsible party under this subsection if the President determines that the potentially responsible party has failed to comply with any request for access or information or an administrative subpoena issued by the President under this chapter or has impeded or is impeding, through action or inaction, the performance of a [response](/usc/42/9601.md?p=25) action with respect to the [facility](/usc/42/9601.md?p=9).
    - (C) **Responsibility to provide information and access—** A potentially responsible party that enters into a settlement under this subsection shall not be relieved of the responsibility to provide any information or access requested in accordance with [subsection (e)(3)(B)](#e-3-B) or [section 9604(e) of this title](/usc/42/9604.md?p=e).
  - (9) **Basis of determination—** If the President determines that a potentially responsible party is not eligible for settlement under this subsection, the President shall provide the reasons for the determination in writing to the potentially responsible party that requested a settlement under this subsection.
  - (10) **Notification—** As soon as practicable after receipt of sufficient information to make a determination, the President shall notify any [person](/usc/42/9601.md?p=21) that the President determines is eligible under [paragraph (1)](#g-1) of the [person](/usc/42/9601.md?p=21)’s eligibility for an expedited settlement.
  - (11) **No judicial review—** A determination by the President under paragraph [(7)](#g-7), [(8)](#g-8), [(9)](#g-9), or [(10)](#g-10) shall not be subject to judicial review.
  - (12) **Notice of settlement—** After a settlement under this subsection becomes final with respect to a [facility](/usc/42/9601.md?p=9), the President shall promptly notify potentially responsible parties at the [facility](/usc/42/9601.md?p=9) that have not resolved their [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) of the settlement.
- (h) **Cost recovery settlement authority—**
  - (1) **Authority to settle—** The head of any department or [agency](/usc/42/8262.md?p=1) with authority to undertake a [response](/usc/42/9601.md?p=25) action under this chapter pursuant to the [national contingency plan](/usc/42/9601.md?p=31) may consider, compromise, and settle a [claim](/usc/42/9601.md?p=4) under [section 9607 of this title](/usc/42/9607.md) for costs incurred by the [United States](/usc/42/9601.md?p=27) Government if the [claim](/usc/42/9601.md?p=4) has not been referred to the Department of Justice for further action. In the case of any [facility](/usc/42/9601.md?p=9) where the total [response](/usc/42/9601.md?p=25) costs exceed $500,000 (excluding interest), any [claim](/usc/42/9601.md?p=4) referred to in the preceding sentence may be compromised and settled only with the prior written approval of the Attorney General.
  - (2) **Use of arbitration—** Arbitration in accordance with regulations promulgated under this subsection may be used as a method of settling [claims](/usc/42/9601.md?p=4) of the [United States](/usc/42/9601.md?p=27) where the total [response](/usc/42/9601.md?p=25) costs for the [facility](/usc/42/9601.md?p=9) concerned do not exceed $500,000 (excluding interest). After consultation with the Attorney General, the department or [agency](/usc/42/8262.md?p=1) head may establish and publish regulations for the use of arbitration or settlement under this subsection.
  - (3) **Recovery of claims—** If any [person](/usc/42/9601.md?p=21) fails to pay a [claim](/usc/42/9601.md?p=4) that has been settled under this subsection, the department or [agency](/usc/42/8262.md?p=1) head shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount of such [claim](/usc/42/9601.md?p=4), plus costs, attorneys’ fees, and interest from the date of the settlement. In such an action, the terms of the settlement shall not be subject to review.
  - (4) **Claims for contribution—** A [person](/usc/42/9601.md?p=21) who has resolved its [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) under this subsection shall not be [liable](/usc/42/9601.md?p=32) for [claims](/usc/42/9601.md?p=4) for contribution regarding matters addressed in the settlement. Such settlement shall not discharge any of the other potentially [liable](/usc/42/9601.md?p=32) [persons](/usc/42/9601.md?p=21) unless its terms so provide, but it reduces the potential [liability](/usc/42/9601.md?p=32) of the others by the amount of the settlement.
- (i) **Settlement procedures—**
  - (1) **Publication in Federal Register—** At least 30 days before any settlement (including any settlement arrived at through arbitration) may become final under [subsection (h)](#h), or under [subsection (g)](#g) in the case of a settlement embodied in an administrative order, the head of the department or [agency](/usc/42/8262.md?p=1) which has jurisdiction over the proposed settlement shall publish in the Federal Register notice of the proposed settlement. The notice shall identify the [facility](/usc/42/9601.md?p=9) concerned and the parties to the proposed settlement.
  - (2) **Comment period—** For a 30-day period beginning on the date of publication of notice under [paragraph (1)](#i-1) of a proposed settlement, the head of the department or [agency](/usc/42/8262.md?p=1) which has jurisdiction over the proposed settlement shall provide an opportunity for [persons](/usc/42/9601.md?p=21) who are not parties to the proposed settlement to file written comments relating to the proposed settlement.
  - (3) **Consideration of comments—** The head of the department or [agency](/usc/42/8262.md?p=1) shall consider any comments filed under [paragraph (2)](#i-2) in determining whether or not to consent to the proposed settlement and may withdraw or withhold consent to the proposed settlement if such comments disclose facts or considerations which indicate the proposed settlement is inappropriate, improper, or inadequate.
- (j) **Natural resources—**
  - (1) **Notification of trustee—** Where a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of any [hazardous substance](/usc/42/9601.md?p=14) that is the subject of negotiations under this section may have resulted in [damages](/usc/42/9601.md?p=6) to [natural resources](/usc/42/9601.md?p=16) under the trusteeship of the [United States](/usc/42/9601.md?p=27), the President shall notify the Federal natural resource trustee of the negotiations and shall encourage the participation of such trustee in the negotiations.
  - (2) **Covenant not to sue—** An agreement under this section may contain a covenant not to sue under [section 9607(a)(4)(C) of this title](/usc/42/9607.md?p=a-4-C) for [damages](/usc/42/9601.md?p=6) to [natural resources](/usc/42/9601.md?p=16) under the trusteeship of the [United States](/usc/42/9601.md?p=27) resulting from the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14) that is the subject of the agreement, but only if the Federal natural resource trustee has agreed in writing to such covenant. The Federal natural resource trustee may agree to such covenant if the potentially responsible party agrees to undertake appropriate actions necessary to protect and restore the [natural resources](/usc/42/9601.md?p=16) damaged by such [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14).
- (k) **Section not applicable to vessels—** The provisions of this section shall not apply to [releases](/usc/42/9601.md?p=22) from a [vessel](/usc/42/9601.md?p=28).
- (l) **Civil penalties—** A potentially responsible party which is a party to an administrative order or consent decree entered pursuant to an agreement under this section or [section 9620 of this title](/usc/42/9620.md) (relating to [Federal facilities](/usc/42/17061.md?p=8)) or which is a party to an agreement under [section 9620 of this title](/usc/42/9620.md) and which fails or refuses to comply with any term or condition of the order, decree or agreement shall be subject to a civil penalty in accordance with [section 9609 of this title](/usc/42/9609.md).
- (m) **Applicability of general principles of law—** In the case of consent decrees and other settlements under this section (including covenants not to sue), no provision of this chapter shall be construed to preclude or otherwise affect the applicability of general principles of law regarding the setting aside or modification of consent decrees or other settlements.

## Source credit

(Pub. L. 96–510, title I, § 122, as added Pub. L. 99–499, title I, § 122(a), Oct. 17, 1986, 100 Stat. 1678; amended Pub. L. 107–118, title I, § 102(b), Jan. 11, 2002, 115 Stat. 2359.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

The Federal Rules of Evidence, referred to in subsec. (d)(1)(B), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

### Amendments

2002—Subsec. (g)(7) to (12). Pub. L. 107–118 added pars. (7) to (12).

### Statutory Notes and Related Subsidiaries

### Effect on Concluded Actions

Amendment by Pub. L. 107–118 not to apply to or in any way affect any settlement lodged in, or judgment issued by, a United States District Court, or any administrative settlement or order entered into or issued by the United States or any State, before Jan. 11, 2002, see section 103 of Pub. L. 107–118, set out as a note under section 9607 of this title.

### Application to Section

Pub. L. 119–74, div. C, title II, Jan. 23, 2026, 140 Stat. 128, provided in part: “That section 122(b)(3) of CERCLA (42 U.S.C. 9622(b)(3)) shall be applied in this fiscal year by inserting before the period: ‘, including for the hire, maintenance, and operation of aircraft” ’.

### Coordination of Titles I to IV of Pub. L. 99–499

Any provision of titles I to IV of Pub. L. 99–499, imposing any tax, premium, or fee; establishing any trust fund; or authorizing expenditures from any trust fund, to have no force or effect, see section 531 of Pub. L. 99–499, set out as a note under section 1 of Title 26, Internal Revenue Code.