Page:United States Statutes at Large Volume 118.djvu/1102

 118 STAT. 1072 PUBLIC LAW 108–293—AUG. 9, 2004 if such actions do not rise to the level of participating in management under subparagraph (A) of this paragraph and paragraph (26)(A)(vi); ‘‘(39) ‘extension of credit’ has the meaning provided in section 101(20)(G)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(i)); ‘‘(40) ‘financial or administrative function’ has the meaning provided in section 101(20)(G)(ii) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(ii)); ‘‘(41) ‘foreclosure’ and ‘foreclose’ each has the meaning pro vided in section 101(20)(G)(iii) of the Comprehensive Environ mental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(iii)); ‘‘(42) ‘lender’ has the meaning provided in section 101(20)(G)(iv) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(iv)); ‘‘(43) ‘operational function’ has the meaning provided in section 101(20)(G)(v) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(v)); and ‘‘(44) ‘security interest’ has the meaning provided in section 101(20)(G)(vi) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(vi)).’’. (c) DEFINITION OF CONTRACTUAL RELATIONSHIP.—Section 1003 of the Oil Pollution Act of 1990 (33 U.S.C. 2703) is amended by adding at the end the following: ‘‘(d) DEFINITION OF CONTRACTUAL RELATIONSHIP.— ‘‘(1) IN GENERAL.—For purposes of subsection (a)(3) the term ‘contractual relationship’ includes, but is not limited to, land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless— ‘‘(A) the real property on which the facility concerned is located was acquired by the responsible party after the placement of the oil on, in, or at the real property on which the facility concerned is located; ‘‘(B) one or more of the circumstances described in subparagraph (A), (B), or (C) of paragraph (2) is established by the responsible party by a preponderance of the evi dence; and ‘‘(C) the responsible party complies with paragraph (3). ‘‘(2) REQUIRED CIRCUMSTANCE.—The circumstances referred to in paragraph (1)(B) are the following: ‘‘(A) At the time the responsible party acquired the real property on which the facility is located the responsible party did not know and had no reason to know that oil that is the subject of the discharge or substantial threat of discharge was located on, in, or at the facility. ‘‘(B) The responsible party is a government entity that acquired the facility— ‘‘(i) by escheat; ‘‘(ii) through any other involuntary transfer or acquisition; or

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