(B) 
CONSULTATION.—As 
a 
condition
precedent of the conduct of a due diligence in-
spection, Homestake, the South Dakota Depart-
ment of Environment and Natural Resources,
the Administrator, and the independent entity
shall consult and agree upon the methodology
and standards to be used, and other factors to
be considered, by the independent entity in—
(i) the conduct of the due diligence in-
spection;
(ii) the scope of the due diligence in-
spection; and
(iii) the time and duration of the due
diligence inspection.
(3) REPORT TO THE ADMINISTRATOR.—
(A) IN GENERAL.—The independent entity
shall submit to the Administrator a report
that—
(i) describes the results of the due
diligence inspection under paragraph (2);
and
(ii) identifies any condition of or in
the Mine that may pose an imminent and
substantial threat to human health or the
environment.
(B) PROCEDURE.—
(i) DRAFT REPORT.—Before finalizing
the report under this paragraph, the inde-
pendent entity shall—
(I) issue a draft report;
(II) submit to the Administrator,
Homestake, and the State a copy of
the draft report;
(III) issue a public notice re-
questing comments on the draft re-
port that requires all such comments
to be filed not later than 45 days
after issuance of the public notice;
and
(IV) during that 45-day public
comment period, conduct at least 1
public hearing in Lead, South Dakota,
to receive comments on the draft re-
port.
(ii) FINAL REPORT.—In the final re-
port submitted to the Administrator under
this paragraph, the independent entity
shall respond to, and incorporate necessary
changes suggested by, the comments re-
ceived on the draft report.
(4) REVIEW
AND
APPROVAL
BY
ADMINIS-
TRATOR.—
(A) IN GENERAL.—Not later than 60 days
after receiving the final report under paragraph
(3), the Administrator shall—
(i) review the report; and
(ii) notify the State in writing of ac-
ceptance or rejection of the final report.
(B) CONDITIONS
FOR
REJECTION.—The
Administrator may reject the final report only
if the Administrator identifies 1 or more condi-
tions of the Mine that—
(i) may pose an imminent and sub-
stantial threat to human health or the en-
vironment, as determined by the Adminis-
trator; and
(ii) require response action to correct
each condition that may pose an imminent
and substantial threat to human health or
the environment identified under clause (i)
before conveyance and assumption by the
Federal Government of liability concerning
the Mine under this Act.
(C) RESPONSE
ACTIONS
AND
CERTIFI-
CATION.—
(i) RESPONSE ACTIONS.—
(I) IN GENERAL.—If the Admin-
istrator 
rejects 
the 
final 
report,
Homestake may carry out or bear the
cost of, or permit the State or another
person to carry out or bear the cost
of, such response actions as are nec-
essary to correct any condition identi-
fied by the Administrator under sub-
paragraph (B)(i) that may pose an
imminent and substantial threat to
human health or the environment.
(II) LONG-TERM
RESPONSE
AC-
TIONS.—
(aa) IN
GENERAL.—In a
case in which the Administrator
determines that a condition iden-
tified by the Administrator under
subparagraph 
(B)(i) 
requires
continuing response action, or re-
sponse action that can be com-
pleted only as part of the final
closure of the laboratory, it shall
be a condition of conveyance that
Homestake, the State, or another
person deposit into the Fund
such amount as is estimated by
the independent entity, on a net
present value basis and after tak-
ing into account estimated inter-
est on that basis, to be sufficient
to pay the costs of the long-term
response action or the response
action that will be completed as
part of the final closure of the
laboratory.
(bb) LIMITATION ON USE OF
FUNDS.—None of the funds de-
posited into the Fund under item
(aa) shall be expended for any
purpose other than to pay the
costs of the long-term response
action, or the response action
that will be completed as part of
the final closure of the Mine,
identified under that item.
(ii) CONTRIBUTION BY HOMESTAKE.—
The total amount that Homestake may ex-
pend, pay, or deposit into the Fund under
subclauses (I) and (II) of clause (i) shall
not exceed—
(I) $75,000,000; less
(II) the fair value of the Mine as
determined under section 5(a).
(iii) CERTIFICATION.—
(I) IN GENERAL.—After any re-
sponse actions described in clause
(i)(I) are carried out and any required
funds are deposited under clause
(i)(II), the independent entity may
certify to the Administrator that the
conditions for rejection identified by
the Administrator under subpara-
graph (B) have been corrected.
(II) ACCEPTANCE OR REJECTION
OF
CERTIFICATION.—Not later than
60 days after an independent entity
makes a certification under subclause
(I), the Administrator shall accept or
reject the certification.
(c) REVIEW OF CONVEYANCE.—For the purposes of
the conveyance, the requirements of this section shall be
considered to be sufficient to meet any requirement of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
SEC. 5. ASSESSMENT OF PROPERTY.
(a) VALUATION OF PROPERTY.—The independent en-
tity shall assess the fair value of the Mine.
(b) FAIR VALUE.—For the purposes of this section,
the fair value of the Mine shall include the estimated cost,
as determined by the independent entity under subsection
(a), of replacing the shafts, winzes, hoists, tunnels, ventila-
tion system, and other equipment and improvements at
the Mine that are expected to be used at, or that will be
useful to, the laboratory.
(c) REPORT.—Not later than the date on which each
report developed in accordance with section 4(b)(3) is sub-
mitted to the Administrator, the independent entity de-
scribed in subsection (a) shall submit to the State a report
that identifies the fair value assessed under subsection (a).
SEC. 6. LIABILITY.
(a) ASSUMPTION OF LIABILITY.—
(1) IN GENERAL.—Subject to paragraph (2),
notwithstanding any other provision of law, on com-
pletion of the conveyance in accordance with this
Act, the United States shall assume any and all li-
ability relating to the Mine and laboratory, including
liability for—
(A) damages;
(B) reclamation;
(C) the costs of response to any hazardous
substance (as defined in section 101 of the
Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9601)), contaminant, or other material on,
under, or relating to the Mine and laboratory;
and
(D) closure of the Mine and laboratory.
(2) CLAIMS
AGAINST
UNITED
STATES.—The
United States shall be liable for response costs
under paragraph (1)(C) only to the extent that an
award of response costs is made in a civil action
brought under—
(A) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(B) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(C) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); or
(D) any other applicable Federal environ-
mental law, as determined by the Adminis-
trator.
(b) LIABILITY PROTECTION.—On completion of the
conveyance, neither Homestake nor the State shall be lia-
ble to any person or the United States for injuries, costs,
injunctive relief, reclamation, damages (including damages
to natural resources or the environment), or expenses, or
liable under any other claim (including claims for indem-
nification or contribution, claims by third parties for
death, personal injury, illness, or loss of or damage to
property, or claims for economic loss), under any law (in-
cluding a regulation) for any claim arising out of or in
connection with contamination, pollution, or other condi-
tion, use, or closure of the Mine and laboratory, regardless
of when a condition giving rise to the liability originated
or was discovered.
(c) INDEMNIFICATION.—Notwithstanding any other
provision of law, on completion of the conveyance in ac-
cordance with this Act, the United States shall indemnify,
defend, and hold harmless Homestake and the State from
and against—
(1) any and all liabilities and claims described
in subsection (a), without regard to any limitation
under subsection (a)(2); and
(2) any and all liabilities and claims described
in subsection (b).
(d) WAIVER
OF SOVEREIGN IMMUNITY.—For the
purposes of this Act, the United States waives any claim
to sovereign immunity.
(e) TIMING FOR ASSUMPTION OF LIABILITY.—If the
conveyance is effectuated by more than 1 legal trans-
action, the assumption of liability, liability protection, in-
demnification, and waiver of sovereign immunity provided
for under this section shall apply to each legal transaction,
as of the date on which the transaction is completed and
with respect to such portion of the Mine as is conveyed
under that transaction.
(f) EXCEPTIONS FOR HOMESTAKE CLAIMS.—Noth-
ing in this section constitutes an assumption of liability
by the United States, or relief of liability of Homestake,
for—
(1) any unemployment, worker’s compensation,
or other employment-related claim or cause of action
of an employee of Homestake that arose before the
date of conveyance;
(2) any claim or cause of action that arose be-
fore the date of conveyance, other than an environ-
mental claim or a claim concerning natural re-
sources;
(3) any violation of any provision of criminal
law; or
(4) any claim, injury, damage, liability, or rec-
lamation or cleanup obligation with respect to any
property or asset that is not conveyed under this
Act, except to the extent that any such claim, injury,
damage, liability, or reclamation or cleanup obliga-
tion arises out of the continued existence or use of
the Mine subsequent to the date of conveyance.
SEC. 7. INSURANCE COVERAGE.
(a) PROPERTY AND LIABILITY INSURANCE.—
(1) IN GENERAL.—To the extent property and
liability insurance is available and subject to the re-
quirements described in paragraph (2), the State
shall purchase property and liability insurance for
the Mine and the operation of the laboratory to pro-
vide coverage against the liability described in sub-
sections (a) and (b) of section 6.
(2) REQUIREMENTS.—The requirements re-
ferred to in paragraph (1) are the following:
(A) TERMS
OF
INSURANCE.—In deter-
mining the type, extent of coverage, and policy
limits of insurance purchased under this sub-
section, the State shall—
(i) periodically consult with the Ad-
ministrator and the Scientific Advisory
Board; and
(ii) 
consider 
certain 
factors,
including—
(I) the nature of the projects and
experiments being conducted in the
laboratory;
(II) the availability and cost of
commercial insurance; and
(III) the amount of funding
available to purchase commercial in-
surance.
(B) ADDITIONAL TERMS.—The insurance
purchased by the State under this subsection
may provide coverage that is—
(i) secondary to the insurance pur-
chased by project sponsors; and
(ii) in excess of amounts available in
the Fund to pay any claim.
(3) FINANCING OF INSURANCE PURCHASE.—
(A) IN GENERAL.—Subject to section 8,
the State may finance the purchase of insur-
ance required under this subsection by using—
(i) funds made available from the
Fund; and
(ii) such other funds as are received
by the State for the purchase of insurance
for the Mine and laboratory.
(B) NO
REQUIREMENT
TO
USE
STATE
FUNDS.—Nothing in this Act requires the State
to use State funds to purchase insurance re-
quired under this subsection.
(4) ADDITIONAL INSURED.—Any insurance pur-
chased by the State under this subsection shall—
(A) name the United States as an addi-
tional insured; or
(B) otherwise provide that the United
States is a beneficiary of the insurance policy
having the primary right to enforce all rights of
the United States under the policy.
(5) TERMINATION
OF
OBLIGATION
TO
PUR-
CHASE INSURANCE.—The obligation of the State to
purchase insurance under this subsection shall ter-
minate on the date on which—
(A) the Mine ceases to be used as a labora-
tory; or
(B) sufficient funding ceases to be avail-
able for the operation and maintenance of the
Mine or laboratory.
(b) PROJECT INSURANCE.—
(1) IN GENERAL.—The State, in consultation
with the Administrator and the Scientific Advisory
Board, may require, as a condition of approval of a
project for the laboratory, that a project sponsor
provide property and liability insurance or other ap-
plicable coverage for potential liability associated
with the project described in subsections (a) and (b)
of section 6.
(2) ADDITIONAL INSURED.—Any insurance ob-
tained by the project sponsor under this section
shall—
(A) name the State and the United States
as additional insureds; or
(B) otherwise provide that the State and
the United States are beneficiaries of the insur-
ance policy having the primary right to enforce
all rights under the policy.
(c) STATE INSURANCE.—
(1) IN GENERAL.—To the extent required by
State law, the State shall purchase, with respect to
the operation of the Mine and the laboratory—
(A) unemployment compensation insur-
ance; and
(B) worker’s compensation insurance.
(2) PROHIBITION
ON
USE
OF
FUNDS
FROM
FUND.—A State shall not use funds from the Fund
to carry out paragraph (1).
SEC. 8. ENVIRONMENT AND PROJECT TRUST FUND.
(a) ESTABLISHMENT.—On completion of the convey-
ance, the State shall establish, in an interest-bearing ac-
count at an accredited financial institution located within
the State, the Environment and Project Trust Fund.
(b) AMOUNTS.—The Fund shall consist of—
(1) an annual deposit from the operation and
maintenance funding provided for the laboratory in
an amount to be determined—
(A) by the State, in consultation with the
Administrator and the Scientific Advisory
Board; and
(B) after taking into consideration—
(i) the nature of the projects and ex-
periments being conducted at the labora-
tory;
(ii) available amounts in the Fund;
(iii) any pending costs or claims that
may be required to be paid out of the
Fund; and
(iv) the amount of funding required
for future actions associated with the clo-
sure of the facility;
(2) an amount determined by the State, in con-
sultation with the Administrator and the Scientific
Advisory Board, and to be paid by the appropriate
project sponsor, for each project to be conducted,
which amount—
(A) shall be used to pay—
(i) costs incurred in removing from
the Mine or laboratory equipment or other
materials related to the project;
(ii) claims arising out of or in connec-
tion with the project; and
(iii) if any portion of the amount re-
mains after paying the expenses described
in clauses (i) and (ii), other costs described
in subsection (c); and
(B) may, at the discretion of the State, be
assessed—
(i) annually; or
(ii) in a lump sum as a prerequisite to
the approval of the project;
(3) interest earned on amounts in the Fund,
which amount of interest shall be used only for a
purpose described in subsection (c); and
(4) all other funds received and designated by
the State for deposit in the Fund.
(c) EXPENDITURES FROM FUND.—Amounts in the
Fund shall be used only for the purposes of funding—
(1) waste and hazardous substance removal or
remediation, or other environmental cleanup at the
Mine;
(2) removal of equipment and material no
longer used, or necessary for use, in conjunction
with a project conducted at the laboratory;
(3) a claim arising out of or in connection with
the conducting of such a project;
(4) purchases of insurance by the State as re-
quired under section 7;
(5) payments for and other costs relating to li-
ability described in section 6; and
(6) closure of the Mine and laboratory.
(d) FEDERAL PAYMENTS FROM FUND.—The United
States—
(1) to the extent the United States assumes li-
ability under section 6—
(A) shall be a beneficiary of the Fund; and
(B) may direct that amounts in the Fund
be applied to pay amounts and costs described
in this section; and
(2) may take action to enforce the right of the
United States to receive 1 or more payments from
the Fund.
(e) NO REQUIREMENT
OF DEPOSIT
OF PUBLIC
FUNDS.—Nothing in this section requires the State to de-
posit State funds as a condition of the assumption by the
United States of liability, or the relief of the State or
Homestake from liability, under section 6.
SEC. 9. WASTE ROCK MIXING.
After completion of the conveyance, the State shall
obtain the approval of the Administrator before disposing
of any material quantity of laboratory waste rock if—
(1) the disposal site is on land not conveyed
under this Act; and
(2) the State determines that the disposal could
result in commingling of laboratory waste rock with
waste rock disposed of by Homestake before the date
of conveyance.
SEC. 10. REQUIREMENTS FOR OPERATION OF LABORA-
TORY.
After the conveyance, nothing in this Act exempts the
laboratory from compliance with any law (including a Fed-
eral environmental law).
SEC. 11. CONTINGENCY.
This Act shall be effective contingent on the selection,
by the National Science Foundation, of the Mine as the
site for the laboratory.
SEC. 12. OBLIGATION IN THE EVENT OF NONCONVEYANCE.
If the conveyance under this Act does not occur, any
obligation of Homestake relating to the Mine shall be lim-
ited to such reclamation or remediation as is required
under any applicable law other than this Act.
SEC. 13. PAYMENT AND REIMBURSEMENT OF COSTS.
The United States may seek payment—
(1) from the Fund, under section 8(d), to pay
or reimburse the United States for amounts payable
or liabilities incurred under this Act; and
(2) from available insurance, to pay or reim-
burse the United States and the Fund for amounts
payable or liabilities incurred under this Act.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.
Æ