PUBLIC LAW 107-372—DEC. 19, 2002 116 STAT. 3101 (5) the right to remove all obstructions from the retained property that may constitute a hindrance to the establishment and maintenance of the retained property. (d) EQUIVALENT ALTERNATIVE. — (1) IN GENERAL.—At any time, either the Secretary or the Board may request of each other to enter into negotiations pursuant to which the Board may convey if appropriate to the United States, in exchange for property conveyed by the United States under subsection (a), another building that is equivalent in function to the property retained under subsection (c) that is acceptable to the Secretary. (2) LOCATION. —Property conveyed by the Board under this subsection is not required to be located on the property referred to in subsection (a). (3) COSTS.— If the Secretary and the Board engage in a property exchange under this subsection, all costs for repair, removal, and moving of facilities, equipment, fixtures, improvements, modifications, or alterations, including power, control, and utilities, that are necessary for the exchange— (A) shall be the responsibility of the Secretary, if the action to seek an equivalent alternative was requested by the Secretary in response to factors unrelated to the activities of the Board or its operatives in the operation of its facilities; or (B) shall be the responsibility of the Board, if the Secretary's request for an equivalent alternative was in response to changes or modifications made by the Board or its operatives that adversely affected the Secretary's interest in the property retained under subsection (c). (e) ADDITIONAL CONDITIONS.—As conditions of any conveyance under subsection (a)— (1) the Secretary shall require that— (A) the Board remediate, or have remediated, at its sole cost, all hazardous or toxic substance contamination found on the property conveyed under subsection (a), whether known or unknown at the time of the conveyance or later discovered; and (B) the Board of Trustees hold harmless the Secretary for any and all costs, liabilities, or claims by third parties that arise out of any hazardous or toxic substance contamination found on the property conveyed under subsection (a) that are not directly attributable to the installation, operation, or maintenance of the Secretary's facilities, equipment, fixtures, improvements, modifications, or alterations; (2) the Secretary shall remediate, at the sole cost of the United States, all hazardous or toxic substance contamination on the property retained under subsection (c) that is found to have occurred as a direct result of the installation, operation, or maintenance of the Secretary's facilities, equipment, fixtures, improvements, modifications, or alterations; and (3) if the Secretary decides to terminate future occupancy and interest of the property retained under subsection (c), the Secretary shall— (A) provide written notice to the Board at least 60 days prior to the scheduled date when the property will be vacated; 99-194O-03 --22A:QL3Part4
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