CONVEYANCE OF REAL PROPERTY.

SEC. 104. CONVEYANCE OF REAL PROPERTY. (a) In General.— (1) Delivery of documents.—Subject to paragraph (2) and subsection (b) and notwithstanding any other provision of law, on the execution and delivery by Homestake of one or more quitclaim 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.115 STAT. 2346 (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 liability by the United States in accordance with this title. (2) Due diligence inspection.— (A) In general.—As a condition precedent of conveyance 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; (III) 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.—115 STAT. 2347 (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 acceptance or rejection of the final report. (B) Conditions for rejection.—The Administrator may reject the final report if the report discloses one or more conditions that— (i) as determined by the Administrator, may present an imminent and substantial endangerment to the public health or the environment and require a response action; or (ii) otherwise make the conveyance in section 104, or the assumption of liability, the release of liability, or the indemnification in section 106 contrary to the public interest. (C) Response actions and certification.— (i) Response actions.— (I) In general.—If the Administrator 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 public health or the environment. (II) Long-term response actions.— (aa) In general.—In a case in which the Administrator determines that a condition identified by the Administrator under subparagraph (B)(i) requires continuing response action, or response action that can be completed only as part of the final closure of the laboratory, it shall 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 taking into account estimated interest on that basis to be sufficient to pay the costs of the long-term response action or the response action that will be completed as part of the final closure of the laboratory. (bb) Limitation on use of funds.—None of the funds deposited into the Fund under item (aa) shall be expended for any purpose other than to pay the costs of the long-term response action, or the response action that will be completed as part of the final closure of the Mine, identified under that item. (ii) Contribution by homestake.—The total amount that Homestake may expend, pay, or deposit into the Fund under subclauses (I) and (II) of clause (i) shall not exceed— (I) $75,000,000; less 115 STAT. 2348 (II) the fair value of the Mine as determined under section 105(a). (iii) Certification.— (I) In general.—After any response 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 subclaused), 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 considered to be sufficient to meet any requirement of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).