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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12806

DEFENSE 

Environmental Clean-up

Agreement Between the 

UNITED STATES OF AMERICA

and CANADA

Effected by Exchange of Notes 

Signed at Washington October 7 and 9, 1996
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NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89–497, approved July 8, 

1966 (80 Stat. 271; 1 U.S.C. 113)—

‘‘. . . the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of 

maritime jurisdiction, and in all the tribunals and public offices 

of the United States, and of the several States, without any further proof or authentication thereof.’’

For sale by the Superintendent of Documents, U.S. Government Printing Office, 

Washington, D.C. 20402
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(1) TIAS 12806

CANADA 

Defense: Environmental Clean-up 

Agreement effected by exchange of notes 

Signed at Washington October 7 and 9, 1996; 

Entered into force October 9, 1996.
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TIAS 12806

1EAS 235; 55 Stat. 1560.

The Acting Secretary of State to the Canadian Ambassador 

DEPARTMENT OF STATE 

WASHINGTON

October 7, 1996

Excellency:

I have the honor to refer to discussions which have taken place between 

representatives of the Government of the United States of America and the 

Government of Canada concerning the settlement of certain costs of environmental clean-up at four former U.S. military installations in Canada. 

As you know, our Department of Defense follows a policy of risk management, remediating environmental damage that constitutes a substantial 

endangerment to human health and safety. Based upon this policy, the U.S. 

Government believes that $100 million (constant-year 1995-1996 United States 

dollars) represents an appropriate settlement amount for clean-up at the four 

former military installations: the 21 Dew Line sites returned to Canada between 

1989 and 1993 as described in the appendix; the former U.S. naval facility at 

Argentia, except for approximately 33 acres of land retained as specified at paragraph 1.4.3 of the United States Navy’s Base Realignment Plan of May 22, 

1993, pursuant to Article 21 of the Leased Naval and Air Bases Agreement of 

27 March 1941 between the United States and the United Kingdom; 1 a section 

of the Canadian Forces Base at Goose Bay, Labrador; and the Haines-Fairbanks 

pipeline. 

His Excellency 

Raymond Chretien, 

Ambassador of Canada.
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TIAS 12806

It is the view of the United States Government that it has no legal obligation under current United States and international law to reimburse the costs of 

environmental clean-up at the four former military installations described above. 

Nevertheless, because the remediation in question concerns work that would ordinarily have been conducted by United States forces at the four installations in 

Canada prior to their closure, the United States Government shall make an ex 

gratia settlement in the sum of $100 million (constant-year 1995-1996 United 

States dollars). It would be the United States Government’s intent to place funds 

equalling this amount in the Canadian Foreign Military Sales Trust Account over 

a ten-year period commencing in U.S. fiscal year 1998. 

In the absence of legislative authority, the United States Government’s ex 

gratia offer must necessarily be subject to the obtaining of specific legislative 

authority from the United States Congress. Such Congressional action (i.e., 

authorizations and appropriations) lies within the discretion of the Congress. 

Nevertheless, the United States Government undertakes to seek such legislative 

authority at an early date. 

The points of contact for implementation of this Agreement shall be the 

Principal Assistant Deputy Under Secretary of Defense for Environmental Security for the Government of the United States of America, and the Assistant 

Deputy Minister, Infrastructure and Environment, Department of National 

Defense for the Government of Canada. With regard to the four aforementioned 

installations, these officials shall be authorized to implement this Agreement 

fully, including, as mutually agreed, the establishment of and the making of 

adjustments to, the schedule of payments that are to be made into the Canadian 

Foreign Military Sales Trust Account. 

If the foregoing meets with the approval of the Government of Canada, I 

have the honor to propose that this note and Your Excellency’s affirmative note 

in reply shall constitute an Agreement between our two Governments, which 

shall enter into force on the date of Your Excellency’s note in reply. 

Accept, Excellency, the renewed assurances of my highest consideration.

For the Acting Secretary of State:

Earl Anthony Wayne
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TIAS 12806

Appendix to the U.S. Note

List of DEW Line Sites

Komakuk Beach BAR-1

Shingle Point BAR-2

Tuktoyaktuk BAR-3

Nicholson Point BAR-4

Cape Parry PIN-M 

Clinton Point PIN-1

Cape Young PIN-2

Lady Franklin Point PIN-3

Byron Bay PIN-4

Cambridge Bay CAM-M 

Jenny Lind Island CAM-1

Gladman Point CAM-2

Shepherd Bay CAM-3

Pelly Bay CAM-4

Mackar Inlet CAM-5

Hall Beach FOX-M 

Longstaff Bluff FOX-2

Dewar Lakes FOX-3

Cape Hooper FOX-4

Broughton Island FOX-5

Cape Dyer DYE-M 
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TIAS 12806

The Canadian Ambassador to the Acting Secretary of State 

Canadian Embassy Ambassade du Canada

NOTE NO. 0318

EXCELLENCY:

I have the honour to acknowledge receipt of your Excellency’s note of 

October 7, 1996, concerning environmental issues at the four former U.S. military installations in Canada mentioned in your note.

I have the honour to inform you that the United States Government’s proposal contained therein is acceptable to the Government of Canada. However, 

contrary to the views of the United States Government, it is the view of the 

Government of Canada that the Government of the United States has legal 

obligations under international law to pay claims for the environmental clean-up 

of these former U.S. military installations.

I wish to assure you that the Government of Canada understands that the 

specific legislative authority, i.e. authorizations and appropriations, to which the 

United States’ ex gratia settlement is subject shall be a matter for decision by 

the United States Congress. The Government of Canada also understands that 

payment in full of the ex gratia settlement shall constitute a full and final settlement of all claims for costs of environmental clean-up at the four installations 

described.

I have the honour to confirm that your note and this reply, done in duplicate 

in English and French, shall constitute an Agreement between the Governments 

of the United States and Canada on this matter, that enters into force on this 

date.

Accept, Excellency, the renewed assurances of my highest consideration.

Washington, D.C. 

October 9, 1996
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TIAS 12806

Canadian Embassy Ambassade du Canada

NOTE NO. 0318

EXCELLENCE,

J’ai l’honneur d’accuser re ́ception de la Note de votre Excellence du 7 

octobre 1996 concernant les questions environnementales a` quatre anciennes 

installations militaires ame ́ricaines au Canada mentionne ́es a` votre Note.

J’ai l’honneur de vous informer que la proposition du Gouvernement des 

E ́tats-Unis contenue dans la Note de votre Excellence agre ́e au Gouvernement 

du Canada. Cependant, le Gouvernement du Canada estime, contrairement a`

l’opinion du Gouvernement des E ́tats-Unis, que ce dernier a l’obligation le ́gale, 

en vertu du droit international, de re ́gler des indemnite ́s pour la de ́contamination 

de ces anciennes installations militaires des E ́tats-Unis.

Je tiens a` vous assurer que le Gouvernement du Canada reconnaıˆt que 

l’autorite ́ le ́gislative spe ́cifique, c’est-a`-dire les autorisations et les affectations de 

cre ́dits, a` laquelle est assujettie le re`glement ex gratia des E ́tats-Unis est une 

question qu’il appartient au Congre`s des E ́tats-Unis de de ́cider. Le Gouvernement 

du Canada, de plus, reconnaıˆt que le paiement en entier du re`glement ex gratia

constituera un re`glement complet et de ́finitif de toutes re ́clamations de frais 

relatifs a` la de ́contamination aux quatre installations de ́crites.

J’ai l’honneur de confirmer que votre Note et cette Note en re ́ponse, faites 

en double exemplaire en franc ̧ais et en anglais, constituent a` cet e ́gard un Accord 

entre les Gouvernements des E ́tats-Unis et du Canada, lequel entre en vigueur 

en date de ce jour.

Veuillez agre ́er, Excellence, l’expression de mes sentiments distingue ́s.

Washington, D.C. 

le 9 octobre, 1996