January 15, 2005
State of South Dakota

 

? ? ? SEVENTY-NINTH SESSION
? ? ? LEGISLATIVE ASSEMBLY,? 2004

? ? ? 400J0663? ? SENATE BILL?? NO.? ?? 200

? ? ? Introduced by:? ?? The Committee on Appropriations at the request of the Governor

???????? FOR AN ACT ENTITLED, An Act to? provide certain provisions relating to the transfer of a portion of the former Homestake Mine to the Science and Technology Authority, to make appropriations for certain costs associated with maintaining the mine, and to declare an emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

 

? ?? Section? 1.? There is hereby appropriated from the state general fundto the Science and Technology Authority the sum of ten million dollars ($10,000,000) for the purpose of funding an indemnification fund which is to be included as a part of an agreement between the owners of the former Homestake Mine and the authority whereby the owners will agree to convey portions of the former mine to the authority and the authority will agree to indemnify the owners of the former mine upon the terms and conditions to be set forth in the agreement.

 

? ?? Section? 2.? There is hereby appropriated from the state general fund to the Science and Technology Authority the sum of eight hundred thousand dollars ($800,000) for the purpose of funding a mine closure fund which is to be included as a part of an agreement between the owners of the former Homestake Mine and the authority whereby the owners will agree to convey portions of the former mine to the authority, and the authority will agree to contribute to the creation of a mine closure fund.

? ?? Section? 3.? There is hereby appropriated the sum of ten million dollars ($10,000,000) of federal fund expenditure authority, or so much thereof as may be necessary, to the Science and Technology Authority to be expended only for the payment of expenses necessary to maintain the physical integrity of the portions of the former mine which will be conveyed to the authority, and only after the former mine is conveyed to the authority. These costs may include dewatering the former mine and maintaining its structure. This appropriation may not be used for the payment of expenses necessary to provide indemnification protection to the owners of the former mine.

 

? ?? Section? 4.? The ten million dollars ($10,000,000) of federal funds authority approved by the special committee on June 25, 2003, for the Office of the Governor in FY 2004 for the use of the Homestake laboratory conversion project is hereby repealed.

 

? ?? Section? 5.? The Legislature finds that the appropriation provided for by this Act is for public use or benefit.

 

? ?? Section? 6.? The provisions of ?? 4-8-21 do not apply to the funds appropriated by this Act. If by June 30, 2008, the state funds appropriated by this Act are not contractually obligated by a written agreement as provided by this Act, or if by June 30, 2008, the state funds are contractually obligated but the written agreement is thereafter terminated by mutual agreement of the authority and the owners of the former mine, the state funds appropriated by this Act shall revert to the state general fund.

 

?? Section? 7.? Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect
from and after its passage and approval.

SEE ALSO:

http://legis.state.sd.us/sessions/2004/bills/SB201p.htm


this next one gets at the question of who / what The Science and Technology Authority is and how the Authority is operated.

http://legis.state.sd.us/sessions/2004/bills/SB216p.htm

The South Dakota Legislature created the South Dakota Science and Technology Authority in February 2004 at the urging of Governor M. Michael Rounds.? The Authority's mandate is to foster and facilitate scientific and technological investigation, experimentation and development by creating a mechanism through which the necessary facilities for such work can be acquired, constructed, maintained and operated.

A seven member Board of Directors, appointed by the Governor, holds governing and administrative powers,? including naming an Executive Director.. The Authority may issue revenue bonds to pay the costs incurred in connection with various projects.

The Authority's office is located at 625 9th Street in Rapid City, South Dakota.? Correspondence may be sent to Post Office Box 8329, Rapid City, SD 57709 and email may be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . The telephone number is (605) 394-5251.? The fax number is (605) 394-5254.