471
HR 3338 PP
trols, is controlled by, or is under common con-
trol with Homestake.
(B) INCLUSIONS.—The term ‘‘affiliate’’ in-
cludes a director, officer, or employee of an affil-
iate.
(3) 
CONVEYANCE.—The 
term 
‘‘conveyance’’
means the conveyance of the Mine to the State under
section 104(a).
(4) FUND.—The term ‘‘Fund’’ means the Envi-
ronment and Project Trust Fund established under
section 108.
(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 selected
472
HR 3338 PP
jointly by Homestake, the South Dakota Department
of Environment and Natural Resources, and the
Administrator—
(A) to conduct a due diligence inspection
under section 104(b)(2)(A); and
(B) to determine the fair value of the Mine
under section 105(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’’ in-
cludes operating and support facilities of the lab-
oratory.
(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.
473
HR 3338 PP
(B) 
INCLUSIONS.—The 
term 
‘‘Mine’’
includes—
(i) real property, mineral and oil and
gas rights, shafts, tunnels, structures, back-
fill, broken rock, fixtures, facilities, and per-
sonal property to be conveyed for establish-
ment and operation of the laboratory, 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;
474
HR 3338 PP
(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 pro-
posed 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.
475
HR 3338 PP
SEC. 104. CONVEYANCE OF REAL PROPERTY.
(a) IN GENERAL.—
(1) DELIVERY OF DOCUMENTS.—Subject to para-
graph (2) and subsection (b) and notwithstanding
any other provision of law, on the execution and de-
livery 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 representations
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 title, 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 precedent
of conveyance and of Federal participation de-
scribed in this title, Homestake shall permit an
independent entity to conduct a due diligence in-
spection of the Mine to determine whether any
condition of the Mine may present an imminent
476
HR 3338 PP
and substantial endangerment to public health
or the environment.
(B) CONSULTATION.—As a condition prece-
dent of the conduct of a due diligence inspection,
Homestake, the South Dakota Department of En-
vironment and Natural Resources, the Adminis-
trator, 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 dili-
gence inspection under paragraph (2); and
(ii) identifies any condition of or in
the Mine that may present an imminent