Eligible property means real property located in this State that: 1. Except as otherwise provided in NRS 459.632 , is not: (a) Listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations; and (b) Owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Federal Government pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq.; 2. Is not owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Division with respect to that real property; and 3. Contains the site or probable site of a release of a hazardous substance.
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