107TH CONGRESS

1ST SESSION S. 1389

AMENDMENT

In the House of Representatives, U. S.,

December 18, 2001.

Resolved, That the bill from the Senate (S. 1389) entitled ‘‘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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 TITLE I—CONVEYANCE OF

2 HOMESTAKE MINE

3 SEC. 101. SHORT TITLE.

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

6 SEC. 102. FINDINGS.

7 Congress finds the following:

8 (1) The United States is among the leading na9 tions in the world in conducting basic scientific re10 search.

11 (2) That leadership position strengthens the

12 economy and national defense of the United States

13 and provides other important benefits.
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1 (3) The Homestake Mine in Lead, South Dakota,

2 owned by the Homestake Mining Company of Cali3 fornia, is approximately 8,000 feet deep and is situ4 ated in a unique physical setting that is ideal for car5 rying out certain types of particle physics and other

6 research.

7 (4) The Mine has been selected by the National

8 Underground Science Laboratory Committee, an

9 independent panel of distinguished scientists, as the

10 preferred site for the construction of the National Un11 derground Science Laboratory.

12 (5) Such a laboratory would be used to conduct

13 scientific research that would be funded and recog14 nized as significant by the United States.

15 (6) The establishment of the laboratory is in the

16 national interest and would substantially improve the

17 capability of the United States to conduct important

18 scientific research.

19 (7) For economic reasons, Homestake intends to

20 cease operations at the Mine in 2001.

21 (8) On cessation of operations of the Mine,

22 Homestake intends to implement reclamation actions

23 that would preclude the establishment of a laboratory

24 at the Mine.
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1 (9) Homestake has advised the State that, after

2 cessation of operations at the Mine, instead of closing

3 the entire Mine, Homestake is willing to donate the

4 underground portion of the Mine and certain other

5 real and personal property of substantial value at the

6 Mine for use as the National Underground Science

7 Laboratory.

8 (10) Use of the Mine as the site for the labora9 tory, instead of other locations under consideration,

10 would result in a savings of millions of dollars for the

11 Federal Government.

12 (11) If the Mine is selected as the site for the lab13 oratory, it is essential that closure of the Mine not

14 preclude the location of the laboratory at the Mine.

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

16 State is unwilling to accept, the property at the Mine

17 for the laboratory if Homestake and the State would

18 continue to have potential liability with respect to the

19 transferred property.

20 (13) To secure the use of the Mine as the location

21 for the laboratory and to realize the benefits of the

22 proposed laboratory it is necessary for the United

23 States to—
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1 (A) assume a portion of any potential fu2 ture liability of Homestake concerning the Mine;

3 and

4 (B) address potential liability associated

5 with the operation of the laboratory.

6 SEC. 103. DEFINITIONS.

7 In this title:

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency.

11 (2) AFFILIATE.—

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

13 means any corporation or other person that con14 trols, is controlled by, or is under common con15 trol with Homestake.

16 (B) INCLUSIONS.—The term ‘‘affiliate’’ in17 cludes a director, officer, or employee of an affil18 iate.

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

20 means the conveyance of the Mine to the State under

21 section 104(a).

22 (4) FUND.—The term ‘‘Fund’’ means the Envi23 ronment and Project Trust Fund established under

24 section 108.

25 (5) HOMESTAKE.—
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1 (A) IN GENERAL.—The term ‘‘Homestake’’

2 means the Homestake Mining Company of Cali3 fornia, a California corporation.

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

5 includes—

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

7 Homestake;

8 (ii) an affiliate of Homestake; and

9 (iii) any successor of Homestake or

10 successor to the interest of Homestake in the

11 Mine.

12 (6) INDEPENDENT ENTITY.—The term ‘‘inde13 pendent entity’’ means an independent entity selected

14 jointly by Homestake, the South Dakota Department

15 of Environment and Natural Resources, and the

16 Administrator—

17 (A) to conduct a due diligence inspection

18 under section 104(b)(2)(A); and

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

20 under section 105(a).

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

22 the meaning given the term in section 4 of the Indian

23 Self-Determination and Education Assistance Act (25

24 U.S.C. 450b).

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

2 means the national underground science labora3 tory proposed to be established at the Mine after

4 the conveyance.

5 (B) INCLUSION.—The term ‘‘laboratory’’ in6 cludes operating and support facilities of the lab7 oratory.

8 (9) MINE.—

9 (A) IN GENERAL.—The term ‘‘Mine’’ means

10 the portion of the Homestake Mine in Lawrence

11 County, South Dakota, proposed to be conveyed

12 to the State for the establishment and operation

13 of the laboratory.

14 (B) INCLUSIONS.—The term ‘‘Mine’’

15 includes—

16 (i) real property, mineral and oil and

17 gas rights, shafts, tunnels, structures, back18 fill, broken rock, fixtures, facilities, and per19 sonal property to be conveyed for establish20 ment and operation of the laboratory, as

21 agreed upon by Homestake and the State;

22 and

23 (ii) any water that flows into the Mine

24 from any source.
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1 (C) EXCLUSIONS.—The term ‘‘Mine’’ does

2 not include—

3 (i) the feature known as the ‘‘Open

4 Cut’’;

5 (ii) any tailings or tailings storage fa6 cility (other than backfill in the portion of

7 the Mine described in subparagraph (A)); or

8 (iii) any waste rock or any site used

9 for the dumping of waste rock (other than

10 broken rock in the portion of the Mine de11 scribed in subparagraph (A)).

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

13 (A) an individual;

14 (B) a trust, firm, joint stock company, cor15 poration (including a government corporation),

16 partnership, association, limited liability com17 pany, or any other type of business entity;

18 (C) a State or political subdivision of a

19 State;

20 (D) a foreign governmental entity;

21 (E) an Indian tribe; and

22 (F) any department, agency, or instrumen23 tality of the United States.

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

25 sponsor’’ means an entity that manages or pays the
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1 costs of 1 or more projects that are carried out or pro2 posed to be carried out at the laboratory.

3 (12) SCIENTIFIC ADVISORY BOARD.—The term

4 ‘‘Scientific Advisory Board’’ means the entity des5 ignated in the management plan of the laboratory to

6 provide scientific oversight for the operation of the

7 laboratory.

8 (13) STATE.—

9 (A) IN GENERAL.—The term ‘‘State’’ means

10 the State of South Dakota.

11 (B) INCLUSIONS.—The term ‘‘State’’ in12 cludes an institution, agency, officer, or em13 ployee of the State.

14 SEC. 104. CONVEYANCE OF REAL PROPERTY.

15 (a) IN GENERAL.—

16 (1) DELIVERY OF DOCUMENTS.—Subject to para17 graph (2) and subsection (b) and notwithstanding

18 any other provision of law, on the execution and de19 livery by Homestake of 1 or more quitclaim deeds or

20 bills of sale conveying to the State all right, title, and

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

22 Mine shall pass from Homestake to the State.

23 (2) CONDITION OF MINE ON CONVEYANCE.—The

24 Mine shall be conveyed as is, with no representations

25 as to the condition of the property.
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1 (b) REQUIREMENTS FOR CONVEYANCE.—

2 (1) IN GENERAL.—The Administrator’s accept3 ance of the final report or certification of the inde4 pendent entity under paragraph (4) is a condition

5 precedent of the conveyance and of the assumption of

6 liability by the United States in accordance with this

7 title.

8 (2) DUE DILIGENCE INSPECTION.—

9 (A) IN GENERAL.—As a condition precedent

10 of conveyance and of Federal participation de11 scribed in this title, Homestake shall permit an

12 independent entity to conduct a due diligence in13 spection of the Mine to determine whether any

14 condition of the Mine may present an imminent

15 and substantial endangerment to public health

16 or the environment.

17 (B) CONSULTATION.—As a condition prece18 dent of the conduct of a due diligence inspection,

19 the Administrator, in consultation with

20 Homestake, the South Dakota Department of En21 vironment and Natural Resources, and the inde22 pendent entity, shall define the methodology and

23 standards to be used, and other factors to be con24 sidered, by the independent entity in—
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1 (i) the conduct of the due diligence in2 spection;

3 (ii) the scope of the due diligence in4 spection; and

5 (iii) the time and duration of the due

6 diligence inspection.

7 (C) PARTICIPATION BY HOMESTAKE.—Noth8 ing in this paragraph requires Homestake to

9 participate in the conduct of the due diligence

10 inspection.

11 (3) REPORT TO THE ADMINISTRATOR.—

12 (A) IN GENERAL.—The independent entity

13 shall submit to the Administrator a report

14 that—

15 (i) describes the results of the due dili16 gence inspection under paragraph (2); and

17 (ii) identifies any condition of or in

18 the Mine that may present an imminent

19 and substantial endangerment to public

20 health or the environment.

21 (B) PROCEDURE.—

22 (i) DRAFT REPORT.—Before finalizing

23 the report under this paragraph, the inde24 pendent entity shall—

25 (I) issue a draft report;
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1 (II) submit to the Administrator,

2 Homestake, and the State a copy of the

3 draft report;

4 (III) issue a public notice request5 ing comments on the draft report that

6 requires all such comments to be filed

7 not later than 45 days after issuance of

8 the public notice; and

9 (IV) during that 45-day public

10 comment period, conduct at least 1

11 public hearing in Lead, South Dakota,

12 to receive comments on the draft re13 port.

14 (ii) FINAL REPORT.—In the final re15 port submitted to the Administrator under

16 this paragraph, the independent entity shall

17 respond to, and incorporate necessary

18 changes suggested by, the comments received

19 on the draft report.

20 (4) REVIEW AND APPROVAL BY ADMINIS21 TRATOR.—

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

23 after receiving the final report under paragraph

24 (3), the Administrator shall—

25 (i) review the report; and
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1 (ii) notify the State in writing of ac2 ceptance or rejection of the final report.

3 (B) CONDITIONS FOR REJECTION.—The Ad4 ministrator may reject the final report if the re5 port discloses 1 or more conditions that—

6 (i) as determined by the Adminis7 trator, may present an imminent and sub8 stantial endangerment to the public health

9 or the environment and require a response

10 action; or

11 (ii) otherwise make the conveyance in

12 section 104, or the assumption of liability,

13 the release of liability, or the indemnifica14 tion in section 106 contrary to the public

15 interest.

16 (C) RESPONSE ACTIONS AND CERTIFI17 CATION.—

18 (i) RESPONSE ACTIONS.—

19 (I) IN GENERAL.—If the Adminis20 trator rejects the final report,

21 Homestake may carry out or bear the

22 cost of, or permit the State or another

23 person to carry out or bear the cost of,

24 such response actions as are necessary

25 to correct any condition identified by
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1 the Administrator under subparagraph

2 (B)(i) that may present an imminent

3 and substantial endangerment to pub4 lic health or the environment.

5 (II) LONG-TERM RESPONSE AC6 TIONS.—

7 (aa) IN GENERAL.—In a case

8 in which the Administrator deter9 mines that a condition identified

10 by the Administrator under sub11 paragraph (B)(i) requires con12 tinuing response action, or re13 sponse action that can be com14 pleted only as part of the final

15 closure of the laboratory, it shall

16 be a condition of conveyance that

17 Homestake, the State, or another

18 person deposit into the Fund such

19 amount as is estimated by the

20 independent entity, on a net

21 present value basis and after tak22 ing into account estimated inter23 est on that basis to be sufficient to

24 pay the costs of the long-term re25 sponse action or the response ac-
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1 tion that will be completed as

2 part of the final closure of the lab3 oratory.

4 (bb) LIMITATION ON USE OF

5 FUNDS.—None of the funds depos6 ited into the Fund under item

7 (aa) shall be expended for any

8 purpose other than to pay the

9 costs of the long-term response ac10 tion, or the response action that

11 will be completed as part of the

12 final closure of the Mine, identi13 fied under that item.

14 (ii) CONTRIBUTION BY HOMESTAKE.—

15 The total amount that Homestake may ex16 pend, pay, or deposit into the Fund under

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

18 not exceed—

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

20 (II) the fair value of the Mine as

21 determined under section 105(a).

22 (iii) CERTIFICATION.—

23 (I) IN GENERAL.—After any re24 sponse actions described in clause

25 (i)(I) are carried out and any required
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1 funds are deposited under clause

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

3 certify to the Administrator that the

4 conditions for rejection identified by

5 the Administrator under subparagraph

6 (B) have been corrected.

7 (II) ACCEPTANCE OR REJECTION

8 OF CERTIFICATION.—Not later than 60

9 days after an independent entity

10 makes a certification under subclause

11 (I), the Administrator shall accept or

12 reject the certification.

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

14 conveyance, the requirements of this section shall be consid15 ered to be sufficient to meet any requirement of the National

16 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

17 SEC. 105. ASSESSMENT OF PROPERTY.

18 (a) VALUATION OF PROPERTY.—The independent enti19 ty shall assess the fair value of the Mine.

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

21 fair value of the Mine shall be the fair market value as de22 termined by an appraisal in conformance with the Uniform

23 Appraisal Standards for Federal Land Acquisition. To the

24 extent appraised items only have value to the Federal Gov25 ernment for the purpose of constructing the laboratory, the
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1 appraiser shall also add to the assessment of fair value the

2 estimated cost of replacing the shafts, winzes, hoists, tun3 nels, ventilation system and other equipment and improve4 ments at the Mine that are expected to be used at, or that

5 will be useful to, the laboratory.

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

7 report developed in accordance with section 104(b)(3) is

8 submitted to the Administrator, the independent entity de9 scribed in subsection (a) shall submit to the State a report

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

11 SEC. 106. LIABILITY.

12 (a) ASSUMPTION OF LIABILITY.—

13 (1) ASSUMPTION.—Subject to paragraph (2),

14 notwithstanding any other provision of law, on com15 pletion of the conveyance in accordance with this

16 title, the United States shall assume any and all li17 ability relating to the Mine and laboratory, including

18 liability for—

19 (A) damages;

20 (B) reclamation;

21 (C) the costs of response to any hazardous

22 substance (as defined in section 101 of the Com23 prehensive Environmental Response, Compensa24 tion, and Liability Act of 1980 (42 U.S.C.

25 9601)), contaminant, or other material on,
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1 under, or relating to the Mine and laboratory;

2 and

3 (D) closure of the Mine and laboratory.

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

5 case of any claim brought against the United States,

6 the United States shall be liable for—

7 (A) damages under paragraph (1)(A), only

8 to the extent that an award of damages is made

9 in a civil action brought under chapter 171 of

10 title 28, United States Code, notwithstanding

11 that the act or omission giving rise to the claim

12 was not committed by an employee of the United

13 States; and

14 (B) response costs under paragraph (1)(C),

15 only to the extent that an award of response

16 costs is made in a civil action brought under—

17 (i) the Federal Water Pollution Control

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

19 (ii) the Solid Waste Disposal Act (42

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

21 (iii) the Comprehensive Environmental

22 Response, Compensation, and Liability Act

23 of 1980 (42 U.S.C. 9601 et seq.); or
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1 (iv) any other applicable Federal envi2 ronmental law, as determined by the Ad3 ministrator.

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

5 conveyance, neither Homestake nor the State shall be liable

6 to any person or the United States for injuries, costs, in7 junctive relief, reclamation, damages (including damages to

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

9 under any other claim (including claims for indemnifica10 tion or contribution, claims by third parties for death, per11 sonal injury, illness, or loss of or damage to property, or

12 claims for economic loss), under any law (including a regu13 lation) for any claim arising out of or in connection with

14 contamination, pollution, or other condition, use, or closure

15 of the Mine and laboratory, regardless of when a condition

16 giving rise to the liability originated or was discovered.

17 (c) INDEMNIFICATION.—Notwithstanding any other

18 provision of law, on completion of the conveyance in accord19 ance with this title, the United States shall indemnify, de20 fend, and hold harmless Homestake and the State from and

21 against—

22 (1) any and all liabilities and claims described

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

24 under subsection (a)(2); and
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1 (2) any and all liabilities and claims described

2 in subsection (b).

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

4 of this title, the United States waives any claim to sovereign

5 immunity with respect to any claim of Homestake or the

6 State under this title.

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

8 conveyance is effectuated by more than 1 legal transaction,

9 the assumption of liability, liability protection, indem10 nification, and waiver of sovereign immunity provided for

11 under this section shall apply to each legal transaction, as

12 of the date on which the transaction is completed and with

13 respect to such portion of the Mine as is conveyed under

14 that transaction.

15 (f) EXCEPTIONS FOR CERTAIN CLAIMS.—Nothing in

16 this section constitutes an assumption of liability by the

17 United States, or relief of liability of Homestake, 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 before

23 the date of conveyance, other than claims relating to

24 environmental response costs or natural resource

25 damages; or
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1 (3) any violation of any provision of criminal

2 law.

3 (g) EXCEPTION FOR OFF-SITE ENVIRONMENTAL

4 CLAIMS.—Nothing in this title constitutes an assumption

5 of liability by the United States, relief of liability for

6 Homestake, or obligation to indemnify Homestake, for any

7 claim, injury, damage, liability, or reclamation or cleanup

8 obligation with respect to any property or asset that is not

9 conveyed under this title, except to the extent that any such

10 claim, injury, damage, liability, or reclamation or cleanup

11 obligation is based on activities or events at the Mine subse12 quent to the date of conveyance.

13 SEC. 107. INSURANCE COVERAGE.

14 (a) PROPERTY AND LIABILITY INSURANCE.—

15 (1) IN GENERAL.—To the extent property and li16 ability insurance is available and subject to the re17 quirements described in paragraph (2), the State shall

18 purchase property and liability insurance for the

19 Mine and the operation of the laboratory to provide

20 coverage against the liability described in subsections

21 (a) and (b) of section 106.

22 (2) REQUIREMENTS.—The requirements referred

23 to in paragraph (1) are the following:

24 (A) TERMS OF INSURANCE.—In deter25 mining the type, extent of coverage, and policy
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1 limits of insurance purchased under this sub2 section, the State shall—

3 (i) periodically consult with the Ad4 ministrator and the Scientific Advisory

5 Board; and

6 (ii) consider certain factors,

7 including—

8 (I) the nature of the projects and

9 experiments being conducted in the

10 laboratory;

11 (II) the availability and cost of

12 commercial insurance; and

13 (III) the amount of funding avail14 able to purchase commercial insurance.

15 (B) ADDITIONAL TERMS.—The insurance

16 purchased by the State under this subsection

17 may provide coverage that is—

18 (i) secondary to the insurance pur19 chased by project sponsors; and

20 (ii) in excess of amounts available in

21 the Fund to pay any claim.

22 (3) FINANCING OF INSURANCE PURCHASE.—

23 (A) IN GENERAL.—Subject to section 108,

24 the State may finance the purchase of insurance

25 required under this subsection by using—
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1 (i) funds made available from the

2 Fund; and

3 (ii) such other funds as are received by

4 the State for the purchase of insurance for

5 the Mine and laboratory.

6 (B) NO REQUIREMENT TO USE STATE

7 FUNDS.—Nothing in this title 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 States

15 is a beneficiary of the insurance policy having

16 the primary right to enforce all rights of the

17 United States under the policy.

18 (5) TERMINATION OF OBLIGATION TO PURCHASE

19 INSURANCE.—The obligation of the State to purchase

20 insurance under this subsection shall terminate on the

21 date on which—

22 (A) the Mine ceases to be used as a labora23 tory; or
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1 (B) sufficient funding ceases to be available

2 for the operation and maintenance of the Mine

3 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 pro9 vide property and liability insurance or other appli10 cable coverage for potential liability associated with

11 the project described in subsections (a) and (b) of sec12 tion 106.

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 the

19 United States are beneficiaries of the insurance

20 policy having the primary right to enforce all

21 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—
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1 (A) unemployment compensation insurance;

2 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 to

6 carry out paragraph (1).

7 SEC. 108. 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;
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1 (iii) any pending costs or claims that

2 may be required to be paid out of the Fund;

3 and

4 (iv) the amount of funding required for

5 future actions associated with the closure of

6 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 the

14 Mine or laboratory equipment or other ma15 terials 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
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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 pur5 pose described in subsection (c); and

6 (4) all other funds received and designated by the

7 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 longer

14 used, or necessary for use, in conjunction with a

15 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 107;

20 (5) payments for and other costs relating to li21 ability described in section 106; and

22 (6) closure of the Mine and laboratory.

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

24 States—
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1 (1) to the extent the United States assumes li2 ability under section 106—

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 in

6 this section; and

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

8 United States to receive 1 or more payments from the

9 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 106.

15 SEC. 109. WASTE ROCK MIXING.

16 After completion of the conveyance, the State shall ob17 tain the approval of the Administrator before disposing of

18 any material quantity of laboratory waste rock if—

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

20 under this title; 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.
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1 SEC. 110. REQUIREMENTS FOR OPERATION OF LABORA2 TORY.

3 After the conveyance, nothing in this title exempts the

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

6 SEC. 111. CONTINGENCY.

7 This title shall be effective contingent on the making

8 of an award by the National Science Foundation for the

9 establishment of the laboratory at the Mine.

10 SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.

11 If the conveyance under this title 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 title.

15 SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.

16 The United States may seek payment—

17 (1) from the Fund, under section 108(d), to pay

18 or reimburse the United States for amounts payable

19 or liabilities incurred under this title; 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 title.

23 SEC. 114. CONSENT DECREES.

24 Nothing in this title affects any obligation of a party

25 under—
29

•S 1389 EAH

1 (1) the 1990 Remedial Action Consent Decree

2 (Civ. No. 90–5101 D. S.D.); or

3 (2) the 1999 Natural Resource Damage Consent

4 Decree (Civ. Nos. 97–5078 and 97–5100, D. S.D.).

5 SEC. 115. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated such sums as

7 are necessary to carry out this title.

Attest:

Clerk.