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waii within no more than 10 years from the date of enact-
ment of this Act or when the activities required by this title,
including ordnance clearance or removal activities in sec-
tion 10002 and the environmental remediation activities in
section 10003 are completed, whichever comes first.
SEC. 10007. KAHO’OLAWE ISLAND CONVEYANCE, REMEDI-
ATION, AND ENVIRONMENTAL RESTORATION
TRUST FUND.
(a) There is established on the books of the Treasury
of the United States a fund to be known as the ‘‘Kaho’olawe
Island Conveyance, Remediation, and Environmental Res-
toration Fund’’ (hereinafter in this subsection referred to
as the ‘‘Fund’’). The Fund shall be administered by the Sec-
retary of the Treasury. The Fund shall be used for the accu-
mulation of funds in order to pay the obligations incurred
by the Secretary of the Navy or the Department of Defense
in carrying out the purposes of this title and for properly
allocable costs of the Federal Government in the administra-
tion of the Fund.
(b) There shall be deposited into the Fund the follow-
ing, which shall constitute the assets of the Fund:
(1) Amounts paid into the Fund from any
source.
(2) Any amount appropriated to the Fund.
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(3) Any return on investment of the assets of the
Fund.
(c) To the extent provided in appropriation Acts, the
assets of the Fund shall be available for obligation by the
Secretary of the Navy to carry out the purposes of this title.
(d) There is authorized to be appropriated into the
Fund $400,000,000, which may be appropriated as a lump
sum or in annual increments. Of the amounts deposited
into the Fund, not less than eleven percent shall be made
available to the State of Hawaii to carry out the provisions
of section 10005(a)(1) of this Act.
(e) Amounts appropriated to the Fund shall remain
available until obligated or until the Fund is terminated.
(f) Upon payment of all incremental costs associated
with the purposes for which the Fund is established, the
Fund shall be terminated.
SEC. 10008. APPLICABLE LAW AND JUDICIAL REVIEW.
(a) Federal Courts shall have jurisdiction only to en-
force the terms, conditions and provisions of this title, re-
garding the activities, duties, and responsibilities in this
title occurring on the Island of Kaho’olawe and in its adja-
cent waters. Only such terms, conditions and provisions
shall govern judicial review of the conduct of the United
States, its departments, agencies and instrumentalities with
regard to any actions arising from or related to the convey-
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ance of Kaho’olawe Island to the State of Hawaii and the
clearance or removal and remediation of unexploded and
exploded ordnance and the remediation of hazardous sub-
stances and other wastes on the Island and its adjacent wa-
ters and for the other obligations, duties and purposes set
forth in this title.
(b) The provisions of this title shall be carried out not-
withstanding any other provision of law.
(c) Any person, as defined in 42 U.S.C. 9601(21), may
bring an action against the United States, its departments,
agencies and instrumentalities to require compliance with
the terms of this title and the obligations of the United
States, its departments, agencies and instrumentalities
under the Memorandum of Understanding required by sec-
tion 10006 of this Act. Such action shall be commenced no
earlier than the 60th day following the date on which the
plaintiff gives notice in writing to the Attorney General,
the Secretary and other department, agency or instrumen-
tality that the plaintiff will commence such action. Such
action shall be brought in the district court for the district
in which the alleged violation occurred. In any action under
this section, the United States or the State, or both, if not
a party may intervene as a matter of right. The United
States, its departments, agencies and instrumentalities
shall be subject to only such injunctive relief as may be im-
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posed by the court to enforce compliance with the terms of
this title and the Memorandum of Understanding. Such
compliance shall be enforced giving due regard to the need
for expeditious clean-up under the terms and conditions of
this title.
SEC. 10009. ANNUAL REPORT TO CONGRESS.
The Secretary shall submit annually a report, in de-
tail, describing compliance with the provisions of this title.
Such report shall include the comments of the State of Ha-
waii and be submitted to the Defense Committees of Con-
gress.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 1994’’.
Passed the House of Representatives September 29,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
Passed the Senate October 21 (legislative day, Octo-
ber 13), 1993.
Attest:
WALTER J. STEWART,
Secretary.
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