Page:United States Statutes at Large Volume 115 Part 3.djvu/271

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PUBLIC LAW 107-117^JAN. 10, 2002 115 STAT. 2345 (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. (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. 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.