Page:United States Statutes at Large Volume 115 Part 3.djvu/273

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PUBLIC LAW 107-117-^AN. 10, 2002 115 STAT. 2347 (A) IN GENERAL.— Not later than 60 days after receiving Deadline, the final report under paragraph (3), the Administrator shall— (i) review the report; and (ii) notify the State in writing of acceptance or Notification. rejection of the final report. (B) CONDITIONS FOR REJECTION.— The Administrator may reject the final report if the report discloses one or more conditions that— (i) as determined by the Administrator, may present an imminent and substantial endangerment to the public health or the environment and require a response action; or (ii) otherwise make the conveyance in section 104, or the assumption of liability, the release of liability, or the indemnification in section 106 contrary to the public interest. (C) RESPONSE ACTIONS AND CERTIFICATION. — (i) RESPONSE ACTIONS.— (I) IN GENERAL.— If the Administrator rejects the final report, Homestake may carry out or bear the cost of, or permit the State or another person to carry out or bear the cost of, such response actions as are necessary to correct any condition identified by the Administrator under subparagraph (B)(i) that may present an imminent and substantial endangerment to public health or the environment. (II) LONG-TERM RESPONSE ACTIONS.— (aa) IN GENERAL.—In a case in which the Administrator determines that a condition identified by the Administrator under subparagraph (B)(i) requires continuing response action, or response action that can be completed only as part of the final closure of the laboratory, it shall be a condition of conveyance that Homestake, the State, or another person deposit into the Fund such amount as is estimated by the independent entity, on a net present value basis and after taking into account estimated interest on that basis to be sufficient to pay the costs of the long-term response action or the response action that will be completed as part of the final closure of the laboratory. (bb) LIMITATION ON USE OF FUNDS.— None of the funds deposited into the Fund under item (aa) shall be expended for any purpose other than to pay the costs of the long-term response action, or the response action that will be completed as part of the final closure of the Mine, identified under that item. (ii) CONTRIBUTION BY HOMESTAKE.—The total amount that Homestake may expend, pay, or deposit into the Fund under subclauses (I) and (II) of clause (i) shall not exceed— (I) $75,000,000; less