Page:United States Statutes at Large Volume 115 Part 3.djvu/272

 115 STAT. 2346 PUBLIC LAW 107-117-^AN. 10, 2002 (b) REQUIREMENTS FOR CONVEYANCE.— (1) IN GENERAL.— The Administrator's acceptance of the final report or certification of the independent entity under paragraph (4) is a condition precedent of the conveyance and of the assumption of Habihty by the United States in accordance with this title. (2) DUE DILIGENCE INSPECTION.— (A) IN GENERAL.—As a condition precedent of convey- ance and of Federal participation described in this title, Homestake shall permit an independent entity to conduct a due diligence inspection of the Mine to determine whether any condition of the Mine may present an imminent and substantial endangerment to public health or the environment. (B) CONSULTATION.— As a condition precedent of the conduct of a due diligence inspection, the Administrator, in consultation with Homestake, the South Dakota Department of Environment and Natural Resources, and the independent entity, shall define 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 inspection; (ii) the scope of the due diligence inspection; and (iii) the time and duration of the due diligence inspection. (C) PARTICIPATION BY HOMESTAKE. —Nothing in this paragraph requires Homestake to participate in the conduct 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 present an imminent and substantial endangerment to public health or the environment. (B) PROCEDURE. — (i) DRAFT REPORT.— Before finalizing the report under this paragraph, the independent entity shall— (I) issue a draft report; (II) submit to the Administrator, Homestake, and the State a copy of the draft report; Notice. (Ill) issue a public notice requesting 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 one public hearing in Lead, - South Dakota, to receive comments on the draft report. (ii) FINAL REPORT.—In the final report submitted to the Administrator under this paragraph, the independent entity shall respond to, and incorporate necessary changes suggested by, the comments received on the draft report. (4) REVIEW AND APPROVAL BY ADMINISTRATOR.—

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