Real property located in this State that is 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 or that is owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action by 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., shall be deemed to be eligible property if: 1. The property satisfies the elements of the definition of eligible property set forth in subsections 2 and 3 of NRS 459.618 ; and 2. The reason for which the property was listed or is proposed or eligible for listing on the National Priorities List or for the investigation or enforcement action by the Federal Government is unrelated to the hazardous substance that a participant intends to remove from or remediate on the property pursuant to a remedial agreement submitted pursuant to NRS 459.636 .
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