I
107TH CONGRESS
1ST SESSION
H. R. 3299
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.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 15, 2001
Mr. THUNE introduced the following bill; which was referred to the Committee
on Resources
A BILL
To provide for the conveyance of certain real property in
South Dakota to the State of South Dakota with indem-
nification by the United States Government.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Homestake Mine Con-
veyance Act of 2001’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the United States is among the leading na-
tions in the world in conducting basic scientific re-
search;
(2) that leadership position strengthens the
economy and national defense of the United States
and provides other important benefits;
(3) the Homestake Mine in Lead, South Da-
kota, owned by the Homestake Mining Company of
California, is approximately 8,000 feet deep and is
situated in a unique physical setting that is ideal for
carrying out certain types of particle physics and
other research;
(4) the Mine has been selected by the National
Underground Science Laboratory Committee, an
independent panel of distinguished scientists, as the
preferred site for the construction of the National
Underground Science Laboratory;
(5) such a laboratory would be used to conduct
scientific research that would be funded and recog-
nized as significant by the United States;
(6) the establishment of the laboratory is in the
national interest, and would substantially improve
the capability of the United States to conduct impor-
tant scientific research;
(7) for economic reasons, Homestake intends to
cease operations at the Mine in 2001;
(8) on cessation of operations of the Mine,
Homestake intends to implement reclamation actions
that would preclude the establishment of a labora-
tory at the Mine;
(9) Homestake has advised the State that, after
cessation of operations at the Mine, instead of clos-
ing the entire Mine, Homestake is willing to donate
the underground portion of the Mine and certain
other real and personal property of substantial value
at the Mine for use as the National Underground
Science Laboratory;
(10) use of the Mine as the site for the labora-
tory, instead of other locations under consideration,
would result in a savings of millions of dollars for
the Federal Government;
(11) if the Mine is selected as the site for the
laboratory, it is essential that closure of the Mine
not preclude the location of the laboratory at the
Mine;
(12) Homestake is unwilling to donate, and the
State is unwilling to accept, the property at the
Mine for the laboratory if Homestake and the State
(3) CONVEYANCE.—The term ‘‘conveyance’’
means the conveyance of the Mine to the State
under section 4(a).
(4) FUND.—The term ‘‘Fund’’ means the Envi-
ronment and Project Trust Fund established under
section 8.
(5) HOMESTAKE.—
(A) IN GENERAL.—The term ‘‘Homestake’’
means the Homestake Mining Company of Cali-
fornia, a California corporation.
(B) INCLUSION.—The term ‘‘Homestake’’
includes—
(i) a director, officer, or employee of
Homestake;
(ii) an affiliate of Homestake; and
(iii) any successor of Homestake or
successor to the interest of Homestake in
the Mine.
(6) INDEPENDENT ENTITY.—The term ‘‘inde-
pendent entity’’ means an independent entity se-
lected jointly by Homestake, the South Dakota De-
partment of Environment and Natural Resources,
and the Administrator—
(A) to conduct a due diligence inspection
under section 4(b)(2)(A); and
(B) to determine the fair value of the Mine
under section 5(a).
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
(8) LABORATORY.—
(A) IN GENERAL.—The term ‘‘laboratory’’
means the national underground science labora-
tory proposed to be established at the Mine
after the conveyance.
(B) INCLUSION.—The term ‘‘laboratory’’
includes operating and support facilities of the
laboratory.
(9) MINE.—
(A) IN
GENERAL.—The term ‘‘Mine’’
means the portion of the Homestake Mine in
Lawrence County, South Dakota, proposed to
be conveyed to the State for the establishment
and operation of the laboratory.
(B) 
INCLUSIONS.—The 
term 
‘‘Mine’’
includes—
(i) real property, mineral and oil and
gas rights, shafts, tunnels, structures,
backfill, broken rock, fixtures, facilities,
and personal property to be conveyed for
establishment and operation of the labora-
tory, as agreed upon by Homestake and
the State; and
(ii) any water that flows into the Mine
from any source.
(C) EXCLUSIONS.—The term ‘‘Mine’’ does
not include—
(i) the feature known as the ‘‘Open
Cut’’;
(ii) any tailings or tailings storage fa-
cility (other than backfill in the portion of
the Mine described in subparagraph (A));
or
(iii) any waste rock or any site used
for the dumping of waste rock (other than
broken rock in the portion of the Mine de-
scribed in subparagraph (A)).
(10) PERSON.—The term ‘‘person’’ means—
(A) an individual;
(B) a trust, firm, joint stock company, cor-
poration (including a government corporation),
partnership, association, limited liability com-
pany, or any other type of business entity;
(C) a State or political subdivision of a
State;
(D) a foreign governmental entity;
(E) an Indian tribe; and
(F) any department, agency, or instrumen-
tality of the United States.
(11) PROJECT
SPONSOR.—The term ‘‘project
sponsor’’ means an entity that manages or pays the
costs of 1 or more projects that are carried out or
proposed to be carried out at the laboratory.
(12) SCIENTIFIC ADVISORY BOARD.—The term
‘‘Scientific Advisory Board’’ means the entity des-
ignated in the management plan of the laboratory to
provide scientific oversight for the operation of the
laboratory.
(13) STATE.—
(A) IN
GENERAL.—The term ‘‘State’’
means the State of South Dakota.
(B) INCLUSIONS.—The term ‘‘State’’ in-
cludes an institution, agency, officer, or em-
ployee of the State.
SEC. 4. CONVEYANCE OF REAL PROPERTY.
(a) IN GENERAL.—
(1) DELIVERY
OF
DOCUMENTS.—Subject to
paragraph (2) and subsection (b) and notwith-
standing any other provision of law, on the execution
and delivery by Homestake of 1 or more quit-claim
deeds or bills of sale conveying to the State all right,
title, and interest of Homestake in and to the Mine,
title to the Mine shall pass from Homestake to the
State.
(2) CONDITION OF MINE ON CONVEYANCE.—
The Mine shall be conveyed as is, with no represen-
tations as to the condition of the property.
(b) REQUIREMENTS FOR CONVEYANCE.—
(1) IN GENERAL.—As a condition precedent of
conveyance and of the assumption of liability by the
United States in accordance with this Act, the Ad-
ministrator shall accept the final report of the inde-
pendent entity under paragraph (3).
(2) DUE DILIGENCE INSPECTION.—
(A) IN GENERAL.—As a condition prece-
dent of conveyance and of Federal participation
described in this Act, Homestake shall permit
an independent entity to conduct a due dili-
gence inspection of the Mine to determine
whether any condition of the Mine may pose an
imminent and substantial threat to human
health or the environment.