Page:United States Statutes at Large Volume 111 Part 2.djvu/967

 PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 2047 (3) To the extent the persons and entities described in paragraph (2) contributed to any such release or threatened release, paragraph (1) shall not apply. (c) CONDITIONS.— (1) No indemnification on a claim for injury may be provided under this section unless the person or entity making a request for the indemnification— (A) notifies the Secretary of Energy in writing within two years after such claim accrues; (B) furnishes to the Secretary copies of pertinent papers received by the person or entity; (C) furnishes evidence or proof of the claim; (D) provides, upon request by the Secretary, access to the records and personnel of the person or entity for purposes of defending or settling the claim; and (E) begins action within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary. (2) For purposes of paragraph (1)(A), the date on which a claim accrues is the date on which the person asserting the claim knew (or reasonably should have known) that the injury to person or property referred to in subsection (b)(1) was caused or contributed to by the release or threatened release of a hazardous substance, pollutant, or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located. (d) AUTHORITY OF SECRETARY OF ENERGY.—(1) In any case in which the Secretary of Energy determines that the Secretary may be required to indemnify a person or entity under this section for any claim for injury to person or property referred to in subsection (b)(1), the Secretary may settle or defend the claim on behalf of that person or entity. (2) In £m.y case described in paragraph (1), if the person or entity that the Secretary may be required to indemnify does not allow the Secretary to settle or defend the claim, the person or entity may not be indemnified with respect to that claim under this section. (e) RELATIONSHIP TO OTHER LAW. —Nothing in this section shall be construed as affecting or modifying in any way section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). (f) DEFINITIONS. —In this section: (1) The term "defense nuclear facility has the meaning provided by the term "Department of Energy defense nuclear facility" in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g). (2) The terms "hazardous substance", "release", and "pollutant or contaminant" have the meanings provided by section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). SEC. 3159. REQUIREMENT TO DELEGATE CERTAIN AUTHORITIES TO SITE MANAGER OF HANFORD RESERVATION. Section 3173(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2848; 42 U.S.C. 7274k) is amended— (1) in paragraph (1)—

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