Page:United States Statutes at Large Volume 115 Part 3.djvu/270

 115 STAT. 2344 PUBLIC LAW 107-117-^AN. 10, 2002 (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 would continue to have potential liability with respect to the transferred property. (13) To secure the use of the Mine as the location for the laboratory and to realize the benefits of the proposed laboratory it is necessary for the United States to— (A) assume a portion of any potential future liability of Homestake concerning the Mine; and (B) address potential liability associated with the operation of the laboratory. SEC. 103. DEFINITIONS. In this title: (1) ADMINISTRATOR. —The term "Administrator" means the Administrator of the Environmental Protection Agency. (2) AFFILIATE. — (A) IN GENERAL.— The term "affiliate" means any corporation or other person that controls, is controlled by, or is under common control with Homestake. (B) INCLUSIONS. —The term "affiHate" includes a director, officer, or employee of an affiliate. (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 Environment and Project Trust Fund established under section 108. (5) HOMESTAKE. — (A) IN GENERAL. —The term "Homestake" means the Homestake Mining Company of California, 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 "independent entity" means an independent entity selected 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 laboratory 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.—

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