Page:United States Statutes at Large Volume 114 Part 5.djvu/287

 PUBLIC LAW 106-554—APPENDIX D 114 STAT. 2763A-247 between the National Oceanic and Atmospheric Administration and the State of Alaska, signed January 26, 1996. (ii) Paragraph (5)(B)(i) shall apply on and after the date on which the Secretary of Commerce certifies that— (I) the State of Alaska has provided written confirmation that no further corrective action is required at the sites and operable units covered by the Pribilof Islands Environmental Restoration Agreement between the National Oceanic and Atmospheric Administration and the State of Alaska, signed January 26, 1996, with the exception of postremedial measures, such as monitoring and operation and maintenance activities; (II) the cleanup required under section 3(a) of Public Law 104-91 (16 U.S.C. 1165 note) is complete; (III) the properties specified in the document referred to in subsection (a) of section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165(a)) can be unconditionally offered for convey- ance under that section; and (IV) all amounts appropriated under section 206(c)(1) of the Fur Seal Act of 1966, as amended by this title, have been obligated. (iii)(I) On and after the date on which section 3(b)(5) of Public Law 104-91 (16 U.S.C. 1165 note) is repealed pursuant to subparagraph (C), the Secretary of Commerce may not seek or require financial contribution by or from any local governmental entity of the Pribilof Islands, any official of such an entity, or the owner of land on the Pribilof Islands, for cleanup costs incurred pursuant to section 3(a) of Public Law 104-91 (as in effect before such repeal), except as provided in subparagraph (B)(iii)(II). (II) Subparagraph (B)(iii)(I) shall not limit the authority of the Secretary of Commerce to seek or require financial contribution from any person for costs or fees to clean up any matter that was caused or contributed to by such person on or after March 15, 2000. (iv) For purposes of paragraph (2)(C), the following requirements shall not be considered to be conditions on conveyance of property: (I) Any requirement that a potential transferee must allow the National Oceanic and Atmospheric Administration continued access to the property to conduct environmental monitoring following remediation activities. (II) Any requirement that a potential transferee must allow the National Oceanic and Atmospheric Administration access to the property to continue the operation, and eventual closure, of treatment facilities. (III) Any requirement that a potential transferee must comply with institutional controls to ensure that an environmental cleanup remains protective of human health or the environment that do not unreasonably affect the use of the property. (IV) Valid existing rights in the property, including rights granted by contract, permit, right-of-way, or easement. (V) The terms of the documents described in subparagraph (D)(ii). (C) Effective on the date on which the Secretary of Commerce makes the certification described in subparagraph (b)(2), the following provisions are repealed:

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