107TH CONGRESS

1ST SESSION S. 1389

AN ACT

To provide for the conveyance of certain real property in

South Dakota to the State of South Dakota with indemnification by the United States Government, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Homestake Mine Con5 veyance Act of 2001’’.
 †

2

S 1389 ES

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the United States is among the leading na4 tions in the world in conducting basic scientific re5 search;

6 (2) that leadership position strengthens the

7 economy and national defense of the United States

8 and provides other important benefits;

9 (3) the Homestake Mine in Lead, South Da10 kota, owned by the Homestake Mining Company of

11 California, is approximately 8,000 feet deep and is

12 situated in a unique physical setting that is ideal for

13 carrying out certain types of particle physics and

14 other research;

15 (4) the Mine has been selected by the National

16 Underground Science Laboratory Committee, an

17 independent panel of distinguished scientists, as the

18 preferred site for the construction of the National

19 Underground Science Laboratory;

20 (5) such a laboratory would be used to conduct

21 scientific research that would be funded and recog22 nized as significant by the United States;

23 (6) the establishment of the laboratory is in the

24 national interest, and would substantially improve

25 the capability of the United States to conduct impor26 tant scientific research;
†

3

S 1389 ES

1 (7) for economic reasons, Homestake intends to

2 cease operations at the Mine in 2001;

3 (8) on cessation of operations of the Mine,

4 Homestake intends to implement reclamation actions

5 that would preclude the establishment of a labora6 tory at the Mine;

7 (9) Homestake has advised the State that, after

8 cessation of operations at the Mine, instead of clos9 ing the entire Mine, Homestake is willing to donate

10 the underground portion of the Mine and certain

11 other real and personal property of substantial value

12 at the Mine for use as the National Underground

13 Science Laboratory;

14 (10) use of the Mine as the site for the labora15 tory, instead of other locations under consideration,

16 would result in a savings of millions of dollars for

17 the Federal Government;

18 (11) if the Mine is selected as the site for the

19 laboratory, it is essential that closure of the Mine

20 not preclude the location of the laboratory at the

21 Mine;

22 (12) Homestake is unwilling to donate, and the

23 State is unwilling to accept, the property at the

24 Mine for the laboratory if Homestake and the State
†

4

S 1389 ES

1 would continue to have potential liability with re2 spect to the transferred property; and

3 (13) to secure the use of the Mine as the loca4 tion for the laboratory, and to realize the benefits of

5 the proposed laboratory, it is necessary for the

6 United States to—

7 (A) assume a portion of any potential fu8 ture liability of Homestake concerning the

9 Mine; and

10 (B) address potential liability associated

11 with the operation of the laboratory.

12 SEC. 3. DEFINITIONS.

13 In this Act:

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Environ16 mental Protection Agency.

17 (2) AFFILIATE.—

18 (A) IN GENERAL.—The term ‘‘affiliate’’

19 means any corporation or other person that

20 controls, is controlled by, or is under common

21 control with Homestake.

22 (B) INCLUSIONS.—The term ‘‘affiliate’’ in23 cludes a director, officer, or employee of an af24 filiate.
†

5

S 1389 ES

1 (3) CONVEYANCE.—The term ‘‘conveyance’’

2 means the conveyance of the Mine to the State

3 under section 4(a).

4 (4) FUND.—The term ‘‘Fund’’ means the Envi5 ronment and Project Trust Fund established under

6 section 8.

7 (5) HOMESTAKE.—

8 (A) IN GENERAL.—The term ‘‘Homestake’’

9 means the Homestake Mining Company of Cali10 fornia, a California corporation.

11 (B) INCLUSION.—The term ‘‘Homestake’’

12 includes—

13 (i) a director, officer, or employee of

14 Homestake;

15 (ii) an affiliate of Homestake; and

16 (iii) any successor of Homestake or

17 successor to the interest of Homestake in

18 the Mine.

19 (6) INDEPENDENT ENTITY.—The term ‘‘inde20 pendent entity’’ means an independent entity se21 lected jointly by Homestake, the South Dakota De22 partment of Environment and Natural Resources,

23 and the Administrator—

24 (A) to conduct a due diligence inspection

25 under section 4(b)(2)(A); and
†

6

S 1389 ES

1 (B) to determine the fair value of the Mine

2 under section 5(a).

3 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’

4 has the meaning given the term in section 4 of the

5 Indian Self-Determination and Education Assistance

6 Act (25 U.S.C. 450b).

7 (8) LABORATORY.—

8 (A) IN GENERAL.—The term ‘‘laboratory’’

9 means the national underground science labora10 tory proposed to be established at the Mine

11 after the conveyance.

12 (B) INCLUSION.—The term ‘‘laboratory’’

13 includes operating and support facilities of the

14 laboratory.

15 (9) MINE.—

16 (A) IN GENERAL.—The term ‘‘Mine’’

17 means the portion of the Homestake Mine in

18 Lawrence County, South Dakota, proposed to

19 be conveyed to the State for the establishment

20 and operation of the laboratory.

21 (B) INCLUSIONS.—The term ‘‘Mine’’

22 includes—

23 (i) real property, mineral and oil and

24 gas rights, shafts, tunnels, structures,

25 backfill, broken rock, fixtures, facilities,
†

7

S 1389 ES

1 and personal property to be conveyed for

2 establishment and operation of the labora3 tory, as agreed upon by Homestake and

4 the State; and

5 (ii) any water that flows into the Mine

6 from any source.

7 (C) EXCLUSIONS.—The term ‘‘Mine’’ does

8 not include—

9 (i) the feature known as the ‘‘Open

10 Cut’’;

11 (ii) any tailings or tailings storage fa12 cility (other than backfill in the portion of

13 the Mine described in subparagraph (A));

14 or

15 (iii) any waste rock or any site used

16 for the dumping of waste rock (other than

17 broken rock in the portion of the Mine de18 scribed in subparagraph (A)).

19 (10) PERSON.—The term ‘‘person’’ means—

20 (A) an individual;

21 (B) a trust, firm, joint stock company, cor22 poration (including a government corporation),

23 partnership, association, limited liability com24 pany, or any other type of business entity;
†

8

S 1389 ES

1 (C) a State or political subdivision of a

2 State;

3 (D) a foreign governmental entity;

4 (E) an Indian tribe; and

5 (F) any department, agency, or instrumen6 tality of the United States.

7 (11) PROJECT SPONSOR.—The term ‘‘project

8 sponsor’’ means an entity that manages or pays the

9 costs of 1 or more projects that are carried out or

10 proposed to be carried out at the laboratory.

11 (12) SCIENTIFIC ADVISORY BOARD.—The term

12 ‘‘Scientific Advisory Board’’ means the entity des13 ignated in the management plan of the laboratory to

14 provide scientific oversight for the operation of the

15 laboratory.

16 (13) STATE.—

17 (A) IN GENERAL.—The term ‘‘State’’

18 means the State of South Dakota.

19 (B) INCLUSIONS.—The term ‘‘State’’ in20 cludes an institution, agency, officer, or em21 ployee of the State.

22 SEC. 4. CONVEYANCE OF REAL PROPERTY.

23 (a) IN GENERAL.—

24 (1) DELIVERY OF DOCUMENTS.—Subject to

25 paragraph (2) and subsection (b) and notwith-
†

9

S 1389 ES

1 standing any other provision of law, on the execution

2 and delivery by Homestake of 1 or more quit-claim

3 deeds or bills of sale conveying to the State all right,

4 title, and interest of Homestake in and to the Mine,

5 title to the Mine shall pass from Homestake to the

6 State.

7 (2) CONDITION OF MINE ON CONVEYANCE.—

8 The Mine shall be conveyed as is, with no represen9 tations as to the condition of the property.

10 (b) REQUIREMENTS FOR CONVEYANCE.—

11 (1) IN GENERAL.—As a condition precedent of

12 conveyance and of the assumption of liability by the

13 United States in accordance with this Act, the Ad14 ministrator shall accept the final report of the inde15 pendent entity under paragraph (3).

16 (2) DUE DILIGENCE INSPECTION.—

17 (A) IN GENERAL.—As a condition prece18 dent of conveyance and of Federal participation

19 described in this Act, Homestake shall permit

20 an independent entity to conduct a due dili21 gence inspection of the Mine to determine

22 whether any condition of the Mine may pose an

23 imminent and substantial threat to human

24 health or the environment.
†

10

S 1389 ES

1 (B) CONSULTATION.—As a condition

2 precedent of the conduct of a due diligence in3 spection, Homestake, the South Dakota Depart4 ment of Environment and Natural Resources,

5 the Administrator, and the independent entity

6 shall consult and agree upon the methodology

7 and standards to be used, and other factors to

8 be considered, by the independent entity in—

9 (i) the conduct of the due diligence in10 spection;

11 (ii) the scope of the due diligence in12 spection; and

13 (iii) the time and duration of the due

14 diligence inspection.

15 (3) REPORT TO THE ADMINISTRATOR.—

16 (A) IN GENERAL.—The independent entity

17 shall submit to the Administrator a report

18 that—

19 (i) describes the results of the due

20 diligence inspection under paragraph (2);

21 and

22 (ii) identifies any condition of or in

23 the Mine that may pose an imminent and

24 substantial threat to human health or the

25 environment.
†

11

S 1389 ES

1 (B) PROCEDURE.—

2 (i) DRAFT REPORT.—Before finalizing

3 the report under this paragraph, the inde4 pendent entity shall—

5 (I) issue a draft report;

6 (II) submit to the Administrator,

7 Homestake, and the State a copy of

8 the draft report;

9 (III) issue a public notice re10 questing comments on the draft re11 port that requires all such comments

12 to be filed not later than 45 days

13 after issuance of the public notice;

14 and

15 (IV) during that 45-day public

16 comment period, conduct at least 1

17 public hearing in Lead, South Dakota,

18 to receive comments on the draft re19 port.

20 (ii) FINAL REPORT.—In the final re21 port submitted to the Administrator under

22 this paragraph, the independent entity

23 shall respond to, and incorporate necessary

24 changes suggested by, the comments re25 ceived on the draft report.
†

12

S 1389 ES

1 (4) REVIEW AND APPROVAL BY ADMINIS2 TRATOR.—

3 (A) IN GENERAL.—Not later than 60 days

4 after receiving the final report under paragraph

5 (3), the Administrator shall—

6 (i) review the report; and

7 (ii) notify the State in writing of ac8 ceptance or rejection of the final report.

9 (B) CONDITIONS FOR REJECTION.—The

10 Administrator may reject the final report only

11 if the Administrator identifies 1 or more condi12 tions of the Mine that—

13 (i) may pose an imminent and sub14 stantial threat to human health or the en15 vironment, as determined by the Adminis16 trator; and

17 (ii) require response action to correct

18 each condition that may pose an imminent

19 and substantial threat to human health or

20 the environment identified under clause (i)

21 before conveyance and assumption by the

22 Federal Government of liability concerning

23 the Mine under this Act.

24 (C) RESPONSE ACTIONS AND CERTIFI25 CATION.—
†

13

S 1389 ES

1 (i) RESPONSE ACTIONS.—

2 (I) IN GENERAL.—If the Admin3 istrator rejects the final report,

4 Homestake may carry out or bear the

5 cost of, or permit the State or another

6 person to carry out or bear the cost

7 of, such response actions as are nec8 essary to correct any condition identi9 fied by the Administrator under sub10 paragraph (B)(i) that may pose an

11 imminent and substantial threat to

12 human health or the environment.

13 (II) LONG-TERM RESPONSE AC14 TIONS.—

15 (aa) IN GENERAL.—In a

16 case in which the Administrator

17 determines that a condition iden18 tified by the Administrator under

19 subparagraph (B)(i) requires

20 continuing response action, or re21 sponse action that can be com22 pleted only as part of the final

23 closure of the laboratory, it shall

24 be a condition of conveyance that

25 Homestake, the State, or another
†

14

S 1389 ES

1 person deposit into the Fund

2 such amount as is estimated by

3 the independent entity, on a net

4 present value basis and after tak5 ing into account estimated inter6 est on that basis, to be sufficient

7 to pay the costs of the long-term

8 response action or the response

9 action that will be completed as

10 part of the final closure of the

11 laboratory.

12 (bb) LIMITATION ON USE OF

13 FUNDS.—None of the funds de14 posited into the Fund under item

15 (aa) shall be expended for any

16 purpose other than to pay the

17 costs of the long-term response

18 action, or the response action

19 that will be completed as part of

20 the final closure of the Mine,

21 identified under that item.

22 (ii) CONTRIBUTION BY HOMESTAKE.—

23 The total amount that Homestake may ex24 pend, pay, or deposit into the Fund under
†

15

S 1389 ES

1 subclauses (I) and (II) of clause (i) shall

2 not exceed—

3 (I) $75,000,000; less

4 (II) the fair value of the Mine as

5 determined under section 5(a).

6 (iii) CERTIFICATION.—

7 (I) IN GENERAL.—After any re8 sponse actions described in clause

9 (i)(I) are carried out and any required

10 funds are deposited under clause

11 (i)(II), the independent entity may

12 certify to the Administrator that the

13 conditions for rejection identified by

14 the Administrator under subpara15 graph (B) have been corrected.

16 (II) ACCEPTANCE OR REJECTION

17 OF CERTIFICATION.—Not later than

18 60 days after an independent entity

19 makes a certification under subclause

20 (I), the Administrator shall accept or

21 reject the certification.

22 (c) REVIEW OF CONVEYANCE.—For the purposes of

23 the conveyance, the requirements of this section shall be

24 considered to be sufficient to meet any requirement of the
†

16

S 1389 ES

1 National Environmental Policy Act of 1969 (42 U.S.C.

2 4321 et seq.).

3 SEC. 5. ASSESSMENT OF PROPERTY.

4 (a) VALUATION OF PROPERTY.—The independent en5 tity shall assess the fair value of the Mine.

6 (b) FAIR VALUE.—For the purposes of this section,

7 the fair value of the Mine shall include the estimated cost,

8 as determined by the independent entity under subsection

9 (a), of replacing the shafts, winzes, hoists, tunnels, ventila10 tion system, and other equipment and improvements at

11 the Mine that are expected to be used at, or that will be

12 useful to, the laboratory.

13 (c) REPORT.—Not later than the date on which each

14 report developed in accordance with section 4(b)(3) is sub15 mitted to the Administrator, the independent entity de16 scribed in subsection (a) shall submit to the State a report

17 that identifies the fair value assessed under subsection (a).

18 SEC. 6. LIABILITY.

19 (a) ASSUMPTION OF LIABILITY.—

20 (1) IN GENERAL.—Subject to paragraph (2),

21 notwithstanding any other provision of law, on com22 pletion of the conveyance in accordance with this

23 Act, the United States shall assume any and all li24 ability relating to the Mine and laboratory, including

25 liability for—
†

17

S 1389 ES

1 (A) damages;

2 (B) reclamation;

3 (C) the costs of response to any hazardous

4 substance (as defined in section 101 of the

5 Comprehensive Environmental Response, Com6 pensation, and Liability Act of 1980 (42 U.S.C.

7 9601)), contaminant, or other material on,

8 under, or relating to the Mine and laboratory;

9 and

10 (D) closure of the Mine and laboratory.

11 (2) CLAIMS AGAINST UNITED STATES.—In the

12 case of any claim brought against the United States,

13 the United States shall be liable for response costs

14 under paragraph (1)(C) only to the extent that an

15 award of response costs is made in a civil action

16 brought under—

17 (A) the Federal Water Pollution Control

18 Act (33 U.S.C. 1251 et seq.);

19 (B) the Solid Waste Disposal Act (42

20 U.S.C. 6901 et seq.);

21 (C) the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of

23 1980 (42 U.S.C. 9601 et seq.); or
†

18

S 1389 ES

1 (D) any other applicable Federal environ2 mental law, as determined by the Adminis3 trator.

4 (b) LIABILITY PROTECTION.—On completion of the

5 conveyance, neither Homestake nor the State shall be lia6 ble to any person or the United States for injuries, costs,

7 injunctive relief, reclamation, damages (including damages

8 to natural resources or the environment), or expenses, or

9 liable under any other claim (including claims for indem10 nification or contribution, claims by third parties for

11 death, personal injury, illness, or loss of or damage to

12 property, or claims for economic loss), under any law (in13 cluding a regulation) for any claim arising out of or in

14 connection with contamination, pollution, or other condi15 tion, use, or closure of the Mine and laboratory, regardless

16 of when a condition giving rise to the liability originated

17 or was discovered.

18 (c) INDEMNIFICATION.—Notwithstanding any other

19 provision of law, on completion of the conveyance in ac20 cordance with this Act, the United States shall indemnify,

21 defend, and hold harmless Homestake and the State from

22 and against—

23 (1) any and all liabilities and claims described

24 in subsection (a), without regard to any limitation

25 under subsection (a)(2); and
†

19

S 1389 ES

1 (2) any and all liabilities and claims described

2 in subsection (b).

3 (d) WAIVER OF SOVEREIGN IMMUNITY.—For the

4 purposes of this Act, the United States waives any claim

5 to sovereign immunity.

6 (e) TIMING FOR ASSUMPTION OF LIABILITY.—If the

7 conveyance is effectuated by more than 1 legal trans8 action, the assumption of liability, liability protection, in9 demnification, and waiver of sovereign immunity provided

10 for under this section shall apply to each legal transaction,

11 as of the date on which the transaction is completed and

12 with respect to such portion of the Mine as is conveyed

13 under that transaction.

14 (f) EXCEPTIONS FOR HOMESTAKE CLAIMS.—Noth15 ing in this section constitutes an assumption of liability

16 by the United States, or relief of liability of Homestake,

17 for—

18 (1) any unemployment, worker’s compensation,

19 or other employment-related claim or cause of action

20 of an employee of Homestake that arose before the

21 date of conveyance;

22 (2) any claim or cause of action that arose be23 fore the date of conveyance, other than an environ24 mental claim or a claim concerning natural re25 sources;
†

20

S 1389 ES

1 (3) any violation of any provision of criminal

2 law; or

3 (4) any claim, injury, damage, liability, or rec4 lamation or cleanup obligation with respect to any

5 property or asset that is not conveyed under this

6 Act, except to the extent that any such claim, injury,

7 damage, liability, or reclamation or cleanup obliga8 tion arises out of the continued existence or use of

9 the Mine subsequent to the date of conveyance.

10 SEC. 7. INSURANCE COVERAGE.

11 (a) PROPERTY AND LIABILITY INSURANCE.—

12 (1) IN GENERAL.—To the extent property and

13 liability insurance is available and subject to the re14 quirements described in paragraph (2), the State

15 shall purchase property and liability insurance for

16 the Mine and the operation of the laboratory to pro17 vide coverage against the liability described in sub18 sections (a) and (b) of section 6.

19 (2) REQUIREMENTS.—The requirements re20 ferred to in paragraph (1) are the following:

21 (A) TERMS OF INSURANCE.—In deter22 mining the type, extent of coverage, and policy

23 limits of insurance purchased under this sub24 section, the State shall—
†

21

S 1389 ES

1 (i) periodically consult with the Ad2 ministrator and the Scientific Advisory

3 Board; and

4 (ii) consider certain factors,

5 including—

6 (I) the nature of the projects and

7 experiments being conducted in the

8 laboratory;

9 (II) the availability and cost of

10 commercial insurance; and

11 (III) the amount of funding

12 available to purchase commercial in13 surance.

14 (B) ADDITIONAL TERMS.—The insurance

15 purchased by the State under this subsection

16 may provide coverage that is—

17 (i) secondary to the insurance pur18 chased by project sponsors; and

19 (ii) in excess of amounts available in

20 the Fund to pay any claim.

21 (3) FINANCING OF INSURANCE PURCHASE.—

22 (A) IN GENERAL.—Subject to section 8,

23 the State may finance the purchase of insur24 ance required under this subsection by using—
†

22

S 1389 ES

1 (i) funds made available from the

2 Fund; and

3 (ii) such other funds as are received

4 by the State for the purchase of insurance

5 for the Mine and laboratory.

6 (B) NO REQUIREMENT TO USE STATE

7 FUNDS.—Nothing in this Act requires the State

8 to use State funds to purchase insurance re9 quired under this subsection.

10 (4) ADDITIONAL INSURED.—Any insurance pur11 chased by the State under this subsection shall—

12 (A) name the United States as an addi13 tional insured; or

14 (B) otherwise provide that the United

15 States is a beneficiary of the insurance policy

16 having the primary right to enforce all rights of

17 the United States under the policy.

18 (5) TERMINATION OF OBLIGATION TO PUR19 CHASE INSURANCE.—The obligation of the State to

20 purchase insurance under this subsection shall ter21 minate on the date on which—

22 (A) the Mine ceases to be used as a labora23 tory; or
†

23

S 1389 ES

1 (B) sufficient funding ceases to be avail2 able for the operation and maintenance of the

3 Mine or laboratory.

4 (b) PROJECT INSURANCE.—

5 (1) IN GENERAL.—The State, in consultation

6 with the Administrator and the Scientific Advisory

7 Board, may require, as a condition of approval of a

8 project for the laboratory, that a project sponsor

9 provide property and liability insurance or other ap10 plicable coverage for potential liability associated

11 with the project described in subsections (a) and (b)

12 of section 6.

13 (2) ADDITIONAL INSURED.—Any insurance ob14 tained by the project sponsor under this section

15 shall—

16 (A) name the State and the United States

17 as additional insureds; or

18 (B) otherwise provide that the State and

19 the United States are beneficiaries of the insur20 ance policy having the primary right to enforce

21 all rights under the policy.

22 (c) STATE INSURANCE.—

23 (1) IN GENERAL.—To the extent required by

24 State law, the State shall purchase, with respect to

25 the operation of the Mine and the laboratory—
†

24

S 1389 ES

1 (A) unemployment compensation insur2 ance; and

3 (B) worker’s compensation insurance.

4 (2) PROHIBITION ON USE OF FUNDS FROM

5 FUND.—A State shall not use funds from the Fund

6 to carry out paragraph (1).

7 SEC. 8. ENVIRONMENT AND PROJECT TRUST FUND.

8 (a) ESTABLISHMENT.—On completion of the convey9 ance, the State shall establish, in an interest-bearing ac10 count at an accredited financial institution located within

11 the State, the Environment and Project Trust Fund.

12 (b) AMOUNTS.—The Fund shall consist of—

13 (1) an annual deposit from the operation and

14 maintenance funding provided for the laboratory in

15 an amount to be determined—

16 (A) by the State, in consultation with the

17 Administrator and the Scientific Advisory

18 Board; and

19 (B) after taking into consideration—

20 (i) the nature of the projects and ex21 periments being conducted at the labora22 tory;

23 (ii) available amounts in the Fund;
†

25

S 1389 ES

1 (iii) any pending costs or claims that

2 may be required to be paid out of the

3 Fund; and

4 (iv) the amount of funding required

5 for future actions associated with the clo6 sure of the facility;

7 (2) an amount determined by the State, in con8 sultation with the Administrator and the Scientific

9 Advisory Board, and to be paid by the appropriate

10 project sponsor, for each project to be conducted,

11 which amount—

12 (A) shall be used to pay—

13 (i) costs incurred in removing from

14 the Mine or laboratory equipment or other

15 materials related to the project;

16 (ii) claims arising out of or in connec17 tion with the project; and

18 (iii) if any portion of the amount re19 mains after paying the expenses described

20 in clauses (i) and (ii), other costs described

21 in subsection (c); and

22 (B) may, at the discretion of the State, be

23 assessed—

24 (i) annually; or
†

26

S 1389 ES

1 (ii) in a lump sum as a prerequisite to

2 the approval of the project;

3 (3) interest earned on amounts in the Fund,

4 which amount of interest shall be used only for a

5 purpose described in subsection (c); and

6 (4) all other funds received and designated by

7 the State for deposit in the Fund.

8 (c) EXPENDITURES FROM FUND.—Amounts in the

9 Fund shall be used only for the purposes of funding—

10 (1) waste and hazardous substance removal or

11 remediation, or other environmental cleanup at the

12 Mine;

13 (2) removal of equipment and material no

14 longer used, or necessary for use, in conjunction

15 with a project conducted at the laboratory;

16 (3) a claim arising out of or in connection with

17 the conducting of such a project;

18 (4) purchases of insurance by the State as re19 quired under section 7;

20 (5) payments for and other costs relating to li21 ability described in section 6; and

22 (6) closure of the Mine and laboratory.

23 (d) FEDERAL PAYMENTS FROM FUND.—The United

24 States—
†

27

S 1389 ES

1 (1) to the extent the United States assumes li2 ability under section 6—

3 (A) shall be a beneficiary of the Fund; and

4 (B) may direct that amounts in the Fund

5 be applied to pay amounts and costs described

6 in this section; and

7 (2) may take action to enforce the right of the

8 United States to receive 1 or more payments from

9 the Fund.

10 (e) NO REQUIREMENT OF DEPOSIT OF PUBLIC

11 FUNDS.—Nothing in this section requires the State to de12 posit State funds as a condition of the assumption by the

13 United States of liability, or the relief of the State or

14 Homestake from liability, under section 6.

15 SEC. 9. WASTE ROCK MIXING.

16 After completion of the conveyance, the State shall

17 obtain the approval of the Administrator before disposing

18 of any material quantity of laboratory waste rock if—

19 (1) the disposal site is on land not conveyed

20 under this Act; and

21 (2) the State determines that the disposal could

22 result in commingling of laboratory waste rock with

23 waste rock disposed of by Homestake before the date

24 of conveyance.
†

28

S 1389 ES

1 SEC. 10. REQUIREMENTS FOR OPERATION OF LABORA2 TORY.

3 After the conveyance, nothing in this Act exempts the

4 laboratory from compliance with any law (including a Fed5 eral environmental law).

6 SEC. 11. CONTINGENCY.

7 This Act shall be effective contingent on the selection,

8 by the National Science Foundation, of the Mine as the

9 site for the laboratory.

10 SEC. 12. OBLIGATION IN THE EVENT OF NONCONVEYANCE.

11 If the conveyance under this Act does not occur, any

12 obligation of Homestake relating to the Mine shall be lim13 ited to such reclamation or remediation as is required

14 under any applicable law other than this Act.

15 SEC. 13. PAYMENT AND REIMBURSEMENT OF COSTS.

16 The United States may seek payment—

17 (1) from the Fund, under section 8(d), to pay

18 or reimburse the United States for amounts payable

19 or liabilities incurred under this Act; and

20 (2) from available insurance, to pay or reim21 burse the United States and the Fund for amounts

22 payable or liabilities incurred under this Act.

23 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

24 There are authorized to be appropriated such sums

25 as are necessary to carry out this Act.
†

29

S 1389 ES

1 SEC. 15. TANF BONUSES TO REWARD DECREASE IN ILLE2 GITIMACY RATIO.

3 (a) RESCISSION.—Effective on the date of enactment

4 of this Act, $100,000,000 of the amount appropriated

5 under subparagraph (D) of section 403(a)(2) of the Social

6 Security Act (42 U.S.C. 603(a)(2)) is rescinded.

7 (b) BUDGET SCORING.—Notwithstanding section

8 257(b)(2) of the Balanced Budget and Emergency Deficit

9 Control Act of 1985 (2 U.S.C. 907(b)(2)), the Director

10 of the Congressional Budget Office and the Director of

11 the Office of Management and Budget shall project the

12 baseline assumption with respect to the amount of bonus

13 grants that shall be made under section 403(a)(2) of the

14 Social Security Act (42 U.S.C. 603(a)(2)) for fiscal year

15 2003 and each fiscal year thereafter without regard to the

16 amount rescinded under subsection (a).

Passed the Senate November 15, 2001.

Attest:

Secretary.
107TH CONGRESS

1ST SESSION S. 1389

AN ACT

To provide for the conveyance of certain real property in South Dakota to the State of South Dakota with indemnification by the United States

Government, and for other purposes.