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as determined by the Secretary in accordance with
the purposes of this title. Subsequent to the transfer
to the State of Hawaii of responsibility for the control
of access, as provided in section 10006 of this Act, the
Navy shall continue to undertake, upon the reasonable
request of the State, and at regular intervals, reason-
able and prudent clean-up measures using standard
methodologies. Within such Tier One Restoration
Area, and in accordance with sections 10005 and
10006 of this Act, approximately 22,600 acres of the
approximately 28,776 acres on the Island and sub-
merged land in the surrounding waters to a depth of
120 feet shall be subjected to surface clearance only.
(B) TIER TWO RESTORATION ENCLAVES.—En-
claves within the Island, as identified in clauses (i),
(ii), (iii) and (iv) below and not exceeding approxi-
mately 6,200 acres, shall be restored to a condition
that is reasonably safe for the human habitation nec-
essary to accomplish the cultural, historical, archae-
ological and educational purposes of this title, to as-
sure the uses set forth in clauses (i), (ii), (iii) and
(iv) below and in accordance with the best available
technology and methodology for such restoration:
(i)(a) not more than approximately 4,700
acres for the purpose of grasslands and related
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uses; and (b) those locations, including trails,
roads and historical, cultural and archaeological
enclaves identified by the State under section
10002(C), that shall not exceed an additional
1,400 acres;
(ii) no more than three specially designated
navigational channels to the Island suitable for
visitation, including the adjacent shoreline area;
(iii)(a) not more than approximately 10
acres for reasonably safe, human habitation sites,
as defined in subparagraph (B) of this section,
that shall include but not be limited to the sites
designated as Hanakanaia to Lae Paki, Kuheia/
Kaulana, Ahupu, Hakioawa, Pu’u Moaulanui,
Seagull Station, Kamohio Station, Halona Sta-
tion, Honokoa, and Kanapou; and (b) approxi-
mately 47 acres of reservoirs designated as Lua
Kealialalo, Lua Kealialuna and Lua Makika;
and
(iv) approximately 5 acres on not more
than three locations to be used as heliports.
(C) DESCRIPTION OF TIER TWO RESTORATION
ENCLAVES.—The precise description for the Tier Two
Restoration Enclaves, prepared through standard
methodologies, shall be submitted to the Navy by the
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State of Hawaii within 180 days of the enactment of
this Act. Any reasonable enlargement to the size or
modification to the location of the Tier Two Restora-
tion Enclaves shall be agreed to by the Secretary of
the Navy. Such reasonable enlargement or modifica-
tion shall be determined and undertaken within the
time period identified in section 10002(a)(3). The cost
of such enlargement or modification shall be borne by
the Secretary, making use only of funds provided pur-
suant to this title.
(3) The Secretary shall commence the activities de-
scribed in sections 10002(a) (1) and (2) as soon as possible
but not later than 180 days after the enactment of this Act
and continue such activities in accordance with reasonable
expedition until completed. Such activities required in sec-
tion 10002 shall be completed within 10 years of the enact-
ment of this Act and the appropriation of funds for such
activities.
(4) Notwithstanding any other provision of section
10002, the Secretary shall retain the control of access to
the Island, in consultation with the State of Hawaii and
prior to and following the entering into force of the Memo-
randum of Understanding contained in section 10006 of
this Act, until clearance and restoration is completed and
control of access is transferred to the State of Hawaii.
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(5) The Secretary shall carry out the requirements of
section 10002 following consultation with the State of Ha-
waii as required by section 10006 of this Act and with the
technical and logistical support, as needed, of the United
States Army Corps of Engineers and other Federal agencies.
(6) No Federal permit shall be required by the United
States, its departments, agencies or instrumentalities for
any portion of the removal, restoration and clean-up work
pursuant to the Act and conducted entirely on Kaho’olawe
Island or in its adjacent waters.
(7) Except as provided in section 10004 regarding li-
ability and in section 10003 regarding the completion of
activities and in section 10002(a)(2)(A) regarding regular
interval clean-ups and new discoveries of previously unde-
tected ordnance, the Secretary’s obligations and responsibil-
ities under this title shall terminate 10 years after the en-
actment of this Act.
SEC. 
10003. 
ENVIRONMENTAL 
REMEDIATION 
OF
KAHO’OLAWE ISLAND, HAWAII AND ADJACENT
WATERS.
(a) ASSESSMENT
OF ADDITIONAL ENVIRONMENTAL
CLEAN-UP FOR HAZARDOUS AND OTHER SUBSTANCES.—
(1)(A) Not later than 365 days after the date of the enact-
ment of this Act, the Secretary of the Navy shall complete,
in cooperation with the State of Hawaii, such studies and
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appraisals as are necessary to identify the type, quantity,
and estimated costs of response, remediation and removal
of the hazardous substances other than exploded and
unexploded ordnance and other substances, refuse and
waste, if any, that are located—
(i) on Kaho’olawe Island; and
(ii) in the waters adjacent to Kaho’olawe Island.
(B) The cost of the studies and appraisals referred to
in section 10003(a)(1)(A) shall be borne by the Secretary,
making use of funds provided pursuant to this title.
(b) REMEDIATION
OF HAZARDOUS
AND ENVIRON-
MENTAL SUBSTANCES.—(1)(A) In furtherance of the pur-
poses of this title and in recognition of the clearance, re-
moval and environmental remediation obligations imposed
by this title, and that the aforementioned activities are con-
sidered a model demonstration project, Kaho’olawe Island
is exempt from placement on the National Priorities List.
Notwithstanding that conveyance of title to Kaho’olawe Is-
land to the State of Hawaii shall precede clearance or re-
moval and environmental remediation, upon the completion
of the studies and appraisals referred to in section
10003(a)(1)(A), the Navy shall carry out remediation,
clean-up and responses to the hazardous substances and
other substances, refuse and waste located on Kaho’olawe
Island and in the waters adjacent to Kaho’olawe Island (as
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identified in such studies and appraisals) that are nec-
essary to protect human health and the environment. The
remedies for such clean-up, remediation and responses shall
be selected by the Secretary in consultation with the State
and in accordance with the purposes of this title and shall
be commenced and completed within the time period identi-
fied in section 10002(a)(3) of this Act for the removal of
ordnance. The cost of such clean-up, remediation and re-
sponses shall be borne by the Secretary, making use of funds
provided pursuant to this title.
(2) In this title, the terms ‘‘response’’, ‘‘removal’’, ‘‘re-
mediation’’ and ‘‘hazardous substance’’ have the meanings
given such terms in 42 U.S.C. 9601 (14), (23), (24) and
(25).
(c) RESPONSIBILITY AND LIABILITY TO CONDUCT RE-
SPONSE, CLEAN-UP AND REMEDIATION ACTIVITIES.—(1)
Notwithstanding the duties and obligations set forth in this
title and notwithstanding the conveyance required under
section 10001, the State of Hawaii shall not be liable and
responsible for the conduct of any clean-up and response
actions arising from and relating to the use and environ-
mental remediation of Kaho’olawe Island and its adjacent
waters by the United States that, through Federal court
order, may be held applicable to Kaho’olawe Island.
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SEC. 10004. INDEMNIFICATION AND THE CONTROL OF AC-
CESS.
(a) The Navy shall retain control of the access to the
Island during the time period set forth in section
10002(a)(3) that it is undertaking unexploded ordnance re-
moval and hazardous materials removal activities required
in section 10002 of this Act.
(b) During the time period the United States retains
control of access to the Island, the United States shall hold
harmless, defend and indemnify the State of Hawaii or its
political subdivisions from and against all claims, de-
mands, losses, damages, liens, liabilities, injuries, deaths,
penalties, fines, lawsuits and other proceedings, judgments,
awards and reasonable costs and expenses arising out of,
or in any manner predicated upon, the presence, release
or threatened release of any munitions, exploded or
unexploded ordnance, solid waste associated with such ord-
nance or hazardous substance, pollutant or contaminant re-
sulting from the activities of the Department of Defense, in-
cluding the activities of the Department of the Navy and
the Department of the Army and any agent, employee, les-
see, licensee, independent contractor or other person on the
property during such time that the property was and re-
mains under the control of the Department of Defense,
Navy, Army or other agencies of the United States Govern-
ment.
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(c) Nothing in this title is intended to alter or affect
the Federal or State requirements of law governing liability
following the transfer of control of access to the State of
Hawaii, except that the United States shall remain liable
for the acts or omissions of its contractors in carrying out
the activities required under this title in the same manner
as if the United States engaged in the performance of the
tasks delegated to its contractors.
SEC. 10005. LONG TERM PLANNING AND ENVIRONMENTAL
RESTORATION ACTIVITIES OF THE STATE OF
HAWAII.
(a)(1) Subject to section 10008(b) of this Act, the Sec-
retary is authorized to provide $45,000,000 to the State of
Hawaii for the purpose of implementation by the State of
(i) long term planning (ii) environmental restoration ac-
tivities and (iii) the terms and conditions set forth in the
Memorandum of Understanding required by section 10006
of this Act, concerning Kaho’olawe Island and its adjacent
waters. Such funds as are provided by the Secretary for
the purpose of carrying out this section shall be made avail-
able to the State by the Secretary from funds made avail-
able pursuant to this title and shall be provided to the State
of Hawaii following the submission of a plan containing
the elements identified in subsection (a)(2) of this section.
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(2) The State of Hawaii shall use the funds made
available pursuant to this section for the purposes of carry-
ing out long term planning and environmental restoration
activities, consistent with the purposes of this title, on
Kaho’olawe Island, including—
(A) soil conservation and water resource develop-
ment;
(B) erosion abatement (including reforestation
and revegetation);
(C) stabilization, restoration and securing sites
of archaeological or historical significance;
(D) removal or destruction of non-native plants
and animals; and
(E) precise identification of those areas subject to
clean-up and removal of ordnance described in section
10002 of this Act.
(3) Funds in addition to those provided pursuant to
subsection (a)(1) of this section may be provided to the
State of Hawaii upon the submission of an acceptable plan
containing the elements identified in subsection (a)(2) of
this section and demonstrating, to the satisfaction of the
Secretary, that such funds are necessary to the proper ful-
fillment of such elements and the purposes of this title. The
Secretary shall have sole discretion to award such addi-
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tional funds, however, the award of such funds shall not
be unreasonably withheld.
SEC. 10006. COOPERATION OF FEDERAL DEPARTMENTS
AND THE STATE OF HAWAII AND TRANSFER
OF CONTROL OF ACCESS.
(a)(1) Upon the request of the Secretary or the State
of Hawaii, and in accordance with existing laws and re-
quirements, any department or agency of the Federal Gov-
ernment may provide assistance to the Secretary or the
State of Hawaii, as the case may be, in carrying out their
respective duties under this title.
(2) Within 180 days following passage of this Act the
Secretary shall consult with and enter into a Memorandum
of Understanding with the State of Hawaii governing the
terms and conditions of (i) access to the Island for those
purposes set forth in section 10005 of this Act and any other
cultural, archeological, educational and planning purposes
provided for in this title, giving due regard to the risk of
harm to health and safety involved in providing such access
and the need to avoid interference with or disruption of
the Navy’s clearance, removal and remediation activities;
(ii) the timing, planning and methodology of ordnance
clearance or removal and hazardous substance clearance
and other waste removal and the protection of historical,
cultural and religious sites and artifacts: Provided, That
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all reasonable effort should be made to avoid harm to such
sites and artifacts from the detonation of unexploded ord-
nance, clearance or removal and hazardous substance clear-
ance; (iii) a model clean-up program emphasizing the use
of innovative technology, integrative planning and expedi-
tious implementation of remediation; (iv) the means for
protecting historical, cultural and religious sites and arti-
facts from intentional destruction, harm and vandalism;
and (v) public participation, as appropriate, including the
opportunity for public comment and hearing. Under any
such terms and conditions, the Secretary shall be assured
full and necessary access to carry out the obligations of the
Secretary arising out of the responsibilities and liabilities
of this title. Such terms and conditions shall remain in ex-
istence until the completion of the restoration and remedi-
ation activities required by section 10002 of this Act and
be revised periodically by mutual consent and giving due
regard to the importance of access to the Island as the level
of clean-up, restoration and remediation moves toward at-
tainment. Nothing in this title is intended to diminish or
alter the rights and responsibilities of the Navy to allow
access to the Island that existed prior to the enactment of
this Act.
(3) The United States, through the Secretary of the
Navy, shall transfer the control of access to the State of Ha-