LIABILITY.

SEC. 106. LIABILITY. (a) Assumption of Liability.— (1) Assumption.—Subject to paragraph (2), notwithstanding any other provision of law, on completion of the conveyance in accordance with this title, the United States shall assume any and all liability relating to the Mine and laboratory, including liability for— (A) damages; (B) reclamation; (C) the costs of response to any hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)), contaminant, or other material on, under, or relating to the Mine and laboratory; and (D) closure of the Mine and laboratory. (2) Claims against united states.—In the case of any claim brought against the United States, the United States shall be liable for—115 STAT. 2349 (A) damages under paragraph (1)(A), only to the extent that an award of damages is made in a civil action brought under chapter 171 of title 28, United States Code, notwithstanding that the act or omission giving rise to the claim was not committed by an employee of the United States; and (B) response costs under paragraph (1)(C), only to the extent that an award of response costs is made in a civil action brought under— (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (ii) the Solid Waste Disposal Act (42 U.S.C, 6901 et seq.); (iii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or (iv) any other applicable Federal environmental law, as determined by the Administrator. (b) Liability Protection.—On completion of the conveyance, neither Homestake nor the State shall be liable to any person or the United States for injuries, costs, injunctive relief, reclamation, damages (including damages to natural resources or the environment), or expenses, or liable under any other claim (including claims for indemnification or contribution, claims by third parties for death, personal injury, illness, or loss of or damage to property, or claims for economic loss), under any law (including a regulation) for any claim arising out of or in connection with contamination, pollution, or other condition, use, or closure of the Mine and laboratory, regardless of when a condition giving rise to the liability originated or was discovered. (c) Indemnification.—Notwithstanding any other provision of law, on completion of the conveyance in accordance with this title, the United States shall indemnify, defend, and hold harmless Home stake and the State from and against— (1) any and all liabilities and claims described in subsection (a), without regard to any limitation under subsection (a)(2); and (2) any and all liabilities and claims described in subsection (b). (d) Waiver of Sovereign Immunity.—For purposes of this title, the United States waives any claim to sovereign immunity with respect to any claim of Homestake or the State under this title. (e) Timing for Assumption of Liability.—If the conveyance is effectuated by more than one legal transaction, the assumption of liability, liability protection, indemnification, and waiver of sovereign immunity provided for under this section shall apply to each legal transaction, as of the date on which the transaction is completed and with respect to such portion of the Mine as is conveyed under that transaction. (f) Exceptions for Certain Claims.—Nothing in this section constitutes an assumption of liability by the United States, or relief of liability of Homestake, for— (1) any unemployment, worker’s compensation, or other employment-related claim or cause of action of an employee of Homestake that arose before the date of conveyance;115 STAT. 2350 (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.