Page:United States Statutes at Large Volume 115 Part 3.djvu/298

 115 STAT. 2372 PUBLIC LAW 107-118^JAN. 11, 2002 " (r) PROSPECTIVE PURCHASER AND WINDFALL LIEN. — "(1) LIMITATION ON LLVBILITY.— Notwithstanding subsection (a)(1), a bona fide prospective purchaser whose potential Habihty for a release or threatened release is based solely on the purchaser's being considered to be an owner or operator of a facility shall not be liable as long as the bona fide prospective purchaser does not impede the performance of a response action or natural resource restoration. "(2) LIEN.— If there are unrecovered response costs incurred by the United States at a facility for which an owner of the facility is not liable by reason of paragraph (1), and if each of the conditions described in paragraph (3) is met, the United States shall have a lien on the facility, or may by agreement with the owner, obtain from the owner a lien on any other property or other assurance of payment satisfactory to the Administrator, for the unrecovered response costs. "(3) CONDITIONS.— The conditions referred to in paragraph (2) are the following: "(A) RESPONSE ACTION.—^A response action for which there are unrecovered costs of the United States is carried out at the facility. "(B) FAIR MARKET VALUE.— The response action increases the fair market value of the facility above the fair market value of the facility that existed before the response action was initiated. "(4) AMOUNT; DURATION.—^A hen under paragraph (2)— "(A) shall be in an amount not to exceed the increase in fair market value of the property attributable to the response action at the time of a sale or other disposition of the property; "(B) shall arise at the time at which costs are first incurred by the United States with respect to a response action at the facility; "(C) shall be subject to the requirements of subsection (1)(3); and "(D) shall continue until the earlier of— "(i) satisfaction of the lien by sale or other means; or "(ii) notwithstanding any statute of limitations under section 113, recovery of all response costs incurred at the facility.". SEC. 223. INNOCENT LANDOWNERS. Section 101(35) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(35)) is amended— (1) in subparagraph (A)— (A) in the first sentence, in the matter preceding clause (i), by striking "deeds or" and inserting "deeds, easements, leases, or"; and (B) in the second sentence— (i) by striking "he" and inserting "the defendant"; and (ii) by striking the period at the end and inserting ", provides full cooperation, assistance, and facility access to the persons that are authorized to conduct

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