Page:United States Statutes at Large Volume 115 Part 3.djvu/276

 115 STAT. 2350 PUBLIC LAW 107-117^JAN. 10, 2002 (2) any claim or cause of action that arose before the date of conveyance, other than claims relating to environmental response costs or natural resource damages; or (3) any violation of any provision of criminal law. (g) EXCEPTION FOR OFF-SITE ENVIRONMENTAL CLAIMS.— Nothing in this title constitutes an assumption of liability by the United States, relief of liability for Homestake, or obligation to indemnify Homestake, for any claim, injury, damage, liability, or reclamation or cleanup obligation with respect to any property or asset that is not conveyed under this title, except to the extent that any such claim, injury, damage, liability, or reclamation or cleanup obligation is based on activities or events at the Mine subsequent to the date of conveyance. SEC. 107. INSURANCE COVERAGE. (a) PROPERTY AND LIABILITY INSURANCE.— (1) IN GENERAL. — To the extent property and liability insurance is available and subject to the requirements described in paragraph (2), the State shall purchase property and liability insurance for the Mine and the operation of the laboratory to provide coverage against the liability described in subsections (a) and (b) of section 106. (2) REQUIREMENTS.— The requirements referred to in paragraph (1) are the following: (A) TERMS OF INSURANCE.—In determining the type, extent of coverage, and policy limits of insurance purchased under this subsection, the State shall— (i) periodically consult with the Administrator and the Scientific Advisory Board; and (ii) consider certain factors, including— (I) the nature of the projects and experiments being conducted in the laboratory; (II) the availability and cost of commercial insurance; and (III) the amount of funding available to purchase commercial insurance. (B) ADDITIONAL TERMS.— The insurance purchased by the State under this subsection may provide coverage that is— (i) secondary to the insurance purchased by project sponsors; and (ii) in excess of amounts available in the Fund to pay any claim. (3) FINANCING OF INSURANCE PURCHASE.— (A) IN GENERAL.— Subject to section 108, the State may finance the purchase of insurance required under this subsection by using— (i) funds made available from the Fund; and (ii) such other funds as are received by the State for the purchase of insurance for the Mine and laboratory. (B) No REQUIREMENT TO USE STATE FUNDS.— Nothing in this title requires the State to use State funds to purchase insurance required under this subsection. (4) ADDITIONAL INSURED.— Any insurance purchased by the State under this subsection shall—

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