118 STAT. 1542 PUBLIC LAW 108–357—OCT. 22, 2004 substances, pollutants, or contaminants which complicate the expansion, redevelopment, or reuse of the property given the property’s reasonably anticipated future land uses or capacity for uses of the property. ‘‘(II) The reasonably anticipated future land uses or capacity for uses of the property are more economically productive or environmentally bene ficial than the uses of the property in existence on the date of the certification described in subparagraph (C)(i). For purposes of the preceding sentence, use of property as a landfill or other hazardous waste facility shall not be considered more economically productive or environmentally beneficial. ‘‘(III) A remediation plan has been imple mented to bring the property into compliance with all applicable local, State, and Federal environ mental laws, regulations, and standards and to ensure that the remediation protects human health and the environment. ‘‘(IV) The remediation plan described in sub clause (III), including any physical improvements required to remediate the property, is either com plete or substantially complete, and, if substan tially complete, sufficient monitoring, funding, institutional controls, and financial assurances have been put in place to ensure the complete remediation of the property in accordance with the remediation plan as soon as is reasonably prac ticable after the sale, exchange, or other disposi tion of such property. ‘‘(V) Public notice and the opportunity for com ment on the request for certification was completed before the date of such request. Such notice and opportunity for comment shall be in the same form and manner as required for public participation required under section 117(a) of the Comprehen sive Environmental Response, Compensation, and Liability Act of 1980 (as in effect on the date of the enactment of this paragraph). For purposes of this subclause, public notice shall include, at a minimum, publication in a major local newspaper of general circulation. ‘‘(iii) ATTACHMENT TO TAX RETURNS.—A copy of each of the requests for certification described in clause (ii) of subparagraph (C) and this subparagraph shall be included in the tax return of the eligible taxpayer (and, where applicable, of the qualifying partnership) for the taxable year during which the transfer occurs. ‘‘(iv) SUBSTANTIAL COMPLETION.—For purposes of this subparagraph, a remedial action is substantially complete when any necessary physical construction is complete, all immediate threats have been eliminated, and all long term threats are under control. ‘‘(E) ELIGIBLE REMEDIATION EXPENDITURES.—For pur poses of this paragraph— Notice.
�
