DEFINITIONS.

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 “affiliate” 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.—115 STAT. 2345 (A) In general.—The term “Mine” means the portion of the Homestake Mine in Lawrence County, South Dakota, proposed to he 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 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 facility (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 described in subparagraph (A)). (10) Person.—The term “person” means— (A) an individual; (B) a trust, firm, joint stock company, corporation (including a government corporation), partnership, association, limited liability company, 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 instrumentality of the United States. (11) Project sponsor.—The term “project sponsor” means an entity that manages or pays the costs of one 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 designated 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” includes an institution, agency, officer, or employee of the State.