; and (cc) monitoring of a natural resource. (II) Indirect costs Not more than 10 percent of a grant or loan under this subsection may be used for the payment of indirect costs. . 40006. Eligibility for funding for brownfield sites acquired prior to January 11, 2002 Subparagraph (B) of section 104(k)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(4) ), as amended in section 40005 of this Act, is further amended by striking clause (iii) and inserting the following: (iii) Exceptions Notwithstanding clause (i)(III), the Administrator may use funds made available to carry out this subsection for one or more of the following: (I) To make a grant under paragraph (2) to an eligible entity that acquired a brownfield site to be covered by the grant on or before January 11, 2002. (II) To make a grant under paragraph (3) to an eligible entity if such eligible entity, except as otherwise provided in this subclause, satisfies all of the elements set forth in section 101(40) to qualify as a bona fide prospective purchaser, except that the date of acquisition of the brownfield site was on or before January 11, 2002. The Administrator may make exceptions with regard to compliance with the elements set forth in section 101(40) based on mitigating circumstances, including any of the following: (aa) The brownfield site was acquired prior to May 31, 1997, and compliance with all appropriate inquiry (as required under section 101(40)(B)) cannot be fairly determined. (bb) A current site assessment of the brownfield site has found no evidence that the eligible entity caused or exacerbated contamination found at the site or failed to exercise appropriate care (as required under section 101(40)(D)) with respect to contamination found at the site. (cc) The eligible entity held a public hearing with respect to the grant application and no substantive testimony was offered that indicates that the eligible entity caused or exacerbated contamination found at the site or failed to