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and substantial endangerment to public
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 request-
ing comments on the draft report 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
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changes suggested by, the comments received
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 Ad-
ministrator may reject the final report only if
the Administrator identifies 1 or more conditions
of the Mine that—
(i) may present an imminent and sub-
stantial endangerment to the public health
or the environment, as determined by the
Administrator; and
(ii) require response action to correct
each condition that may present an immi-
nent and substantial endangerment to the
public health or the environment identified
under clause (i) before conveyance and as-
sumption by the Federal Government of li-
ability concerning the Mine under this title.
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(C) RESPONSE
ACTIONS
AND
CERTIFI-
CATION.—
(i) RESPONSE ACTIONS.—
(I) IN GENERAL.—If the Adminis-
trator 
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 necessary
to correct any condition identified by
the Administrator under subparagraph
(B)(i) that may present an imminent
and substantial endangerment to pub-
lic health or the environment.
(II) LONG-TERM
RESPONSE
AC-
TIONS.—
(aa) IN GENERAL.—In a case
in which the Administrator deter-
mines that a condition identified
by the Administrator under sub-
paragraph (B)(i) requires con-
tinuing response action, or re-
sponse action that can be com-
pleted only as part of the final
closure of the laboratory, it shall
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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 ac-
tion that will be completed as
part of the final closure of the lab-
oratory.
(bb) LIMITATION ON USE OF
FUNDS.—None of the funds depos-
ited into the Fund under item
(aa) shall be expended for any
purpose other than to pay the
costs of the long-term response ac-
tion, or the response action that
will be completed as part of the
final closure of the Mine, identi-
fied under that item.
(ii) CONTRIBUTION BY HOMESTAKE.—
The total amount that Homestake may ex-
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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 105(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 subparagraph
(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 consid-
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ered to be sufficient to meet any requirement of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 105. ASSESSMENT OF PROPERTY.
(a) VALUATION OF PROPERTY.—The independent enti-
ty 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, ventilation
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 104(b)(3) is
submitted 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. 106. LIABILITY.
(a) ASSUMPTION OF LIABILITY.—
(1) ASSUMPTION.—Subject to paragraph (2),
notwithstanding any other provision of law, on com-
pletion of the conveyance in accordance with this
title, the United States shall assume any and all li-
ability relating to the Mine and laboratory, including
liability for—
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(A) damages;
(B) reclamation;
(C) the costs of response to any hazardous
substance (as defined in section 101 of the Com-
prehensive Environmental Response, Compensa-
tion, 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.—In the
case of any claim brought against the United States,
the United States shall be liable for—
(A) damages under paragraph (1)(A), only
to the extent that an award of damages is made
in a civil action brought under chapter 171 of
title 28, United States Code; and
(B) response costs under paragraph (1)(C),
only to the extent that an award of response
costs is made in a civil action brought under—
(i) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(ii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
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(iii) the Comprehensive Environmental
Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.); or
(iv) any other applicable Federal envi-
ronmental law, as determined by the Ad-
ministrator.
(b) LIABILITY PROTECTION.—On completion of the
conveyance, neither Homestake nor the State shall be liable
to any person or the United States for injuries, costs, in-
junctive relief, reclamation, damages (including damages to
natural resources or the environment), or expenses, or liable
under any other claim (including claims for indemnifica-
tion or contribution, claims by third parties for death, per-
sonal injury, illness, or loss of or damage to property, or
claims for economic loss), under any law (including a regu-
lation) for any claim arising out of or in connection with
contamination, pollution, or other condition, 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 accord-
ance with this title, the United States shall indemnify, de-
fend, and hold harmless Homestake and the State from and
against—
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(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 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 transaction,
the assumption of liability, liability protection, indem-
nification, 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.—Nothing
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;
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(2) any claim or cause of action that arose before
the date of conveyance, other than an environmental
claim or a claim concerning natural resources;
(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 title,
except to the extent that any such claim, injury, dam-
age, liability, or reclamation or cleanup obligation
arises out of the continued existence or use of the
Mine subsequent to the date of conveyance.
SEC. 107. INSURANCE COVERAGE.
(a) PROPERTY AND LIABILITY INSURANCE.—
(1) IN GENERAL.—To the extent property and li-
ability 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 provide
coverage against the liability described in subsections
(a) and (b) of section 106.
(2) REQUIREMENTS.—The requirements referred
to in paragraph (1) are the following:
(A) TERMS
OF
INSURANCE.—In deter-
mining the type, extent of coverage, and policy
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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 avail-
able to purchase commercial insurance.
(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 108,
the State may finance the purchase of insurance
required under this subsection by using—