Page:United States Statutes at Large Volume 123.djvu/1471

 123STA T . 1 45 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9recov er y o f co st s in c u rre db yt h e S ecret a ry concerned to carry out the conveyance under p ara g raph (1) sha l l be deposited in the fund or account that w as used to cover the costs incurred by the Secretary concerned in carrying out the conveyance . (ii) USE . —A nya m ounts deposited under clause (i) shall be available for the same purposes , and sub j ect to the same conditions and limitations, as any other amounts in the fund or account. ( 7 ) CONTAMI NATE DL AND.— I n consideration for the convey - ance of the parcel under paragraph (1), the Institute shall— (A) ta k e fee title to the parcel and any improvements to the parcel, as contaminated ( B ) be responsible for undertaking and completing all environmental remediation re q uired at, in, under, from, or on the parcel for all environmental conditions relating to or arising from the release or threat of release of waste material, substances, or constituents, in the same manner and to the same e x tent as required by law applicable to privately owned facilities, regardless of the date of the contamination or the responsible party; (C) indemnify the United States for— (i) any environmental remediation or response costs the United States reasonably incurs if the Institute fails to remediate the parcel; or (ii) contamination at, in, under, from, or on the land, for all environmental conditions relating to or arising from the release or threat of release of waste material, substances, or constituents; ( D ) indemnify, defend, and hold harmless the United States from any damages, costs, expenses, liabilities, fines, penalties, claim, or demand for loss, including claims for property damage, personal injury, or death resulting from releases, discharges, emissions, spills, storage, disposal, or any other acts or omissions by the Institute and any offi- cers, agents, employees, contractors, sublessees, licensees, successors, assigns, or invitees of the Institute arising from activities conducted, on or after O ctober 1, 1 9 9 6 ,onthe parcel conveyed under paragraph (1); and ( E ) reimburse the United States for all legal and attorney fees, costs, and expenses incurred in association with the defense of any claims described in subparagraph (D). ( 8 ) CONTIN G ENT EN V I R ONMENTAL RES P ONSE O B LIGATIONS.— If the Institute does not undertake or complete environmental remediation as required by paragraph (7) and the United States is required to assume the responsibilities of the remediation, the Secretary of Energy shall be responsible for conducting any necessary environmental remediation or response actions with respect to the parcel conveyed under paragraph (1). (9) N O ADDITIONAL C OMPENSATION.—Except as otherwise provided in this section, no additional consideration shall be required for conveyance of the parcel to the Institute under paragraph (1). (1 0 ) ACCESS AND U TILITIES.—On conveyance of the parcel under paragraph (1), the Secretary of the Air F orce shall, on behalf of the United States and subject to any terms and