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and other nuclear material (including nuclear waste)
from the existing nuclear-powered fleet of ships (in-
cluding surface ships and submarines) of the Navy.
(3) In determining the life-cycle costs associated with
nuclear-powered aircraft carriers and nuclear-powered sub-
marines for the purposes of the study under this subsection,
the Comptroller General shall take into account the cost of
processing or otherwise disposing of nuclear fuel and other
nuclear material (including nuclear waste) removed from
such aircraft carriers and submarines.
(b) The Comptroller General shall submit to the Com-
mittees on Armed Services and the Committees on Appro-
priations of the Senate and House of Representatives a re-
port on a study carried out under subsection (a) not later
than 6 months after the date of the enactment of this Act.
Ω208æPage 123, after line 17 insert:
SEC. 8146. (a) It is the sense of Congress that—
(1) the Secretary of Defense should not prohibit
any military installation described in subsection (b)
from bidding on or performing Department of Defense
contracts for overhaul services or for depot-level main-
tenance of material for the Armed Forces that are
awarded using competitive procedures;
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(2) performance of such a contract by such a
military installation should not affect the schedule for
closure of the installation;
(3) such a contract should not be entered into for
the performance of work at such an installation if the
time necessary for performance of the contract extends
beyond the date established for closure of the installa-
tion or if the performance of the contract at the in-
stallation would otherwise affect the schedule for clo-
sure of the installation; and
(4) such a contract awarded to a military instal-
lation should be terminated for default if the contract
is not completed on or before the completion date pro-
vided in the contract.
(b) A military installation referred to in subsection (a)
is a military installation that (1) has been approved for
closure subject to the provisions of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Pub-
lic Law 101–510), (2) is in the process of implementing
a conversion or reuse strategy for the installation to take
effect upon closure, and (3) has received some funds from
the Department of Defense for the purpose of implementing
the conversion or reuse strategy.
Ω209æPage 123, after line 17 insert:
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SEC. 8147. It is the sense of the Congress that operators
of industrial facilities at military installations closed after
the date of the enactment of this Act should be permitted
to qualify as offerors for (1) proposed Department of De-
fense contracts for overhaul services for the Armed Forces,
and (2) proposed Department of Defense contracts for
depot-level maintenance of material for the Armed Forces.
Ω210æPage 123, after line 17 insert:
SEC. 8148. (a) Notwithstanding any other provision
of law, none of the funds appropriated by this Act or any
other Act, or otherwise made available, to the Department
of Defense may be obligated to carry out a test program
for determining the cost effectiveness of transferring to the
private sector the mission of operating one or more pre-
paratory schools for the United States Military Academy,
the United States Naval Academy, and the United States
Air Force Academy.
Ω211æPage 123, after line 17 insert:
SEC. 8149. It is the sense of the Senate that the Gov-
ernment of the United States and the Government of Saudi
Arabia should work diligently and without delay to resolve
satisfactorily the outstanding commercial disputes identi-
fied in the Department of Commerce letter; date May 27,
1992: Provided, That not later than February 1, 1994, the
Secretary of Defense, after consultation with the Secretary
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of State and the Secretary of Commerce, shall submit a re-
port to the Congress on the status of the process for the reso-
lution of commercial disputes in Saudi Arabia and the
prognosis for any of the disputes which remain unresolved.
Ω212æPage 123, after line 17 insert:
SEC. 8150. It is the sense of the Senate that—
(a) the Secretary of the Air Force consider the
comments of the appropriate representatives of the
Duck Valley Reservation of the Shoshone-Paiute
Tribes in making decisions on use of airspace above
such reservation,
(b) the interests of the Duck Valley Reservation
of the Shoshone-Paiute Tribes receive the appropriate
consideration under any pending or future National
Environmental Policy Act process involving airspace
over Duck Valley Reservation, and
(c) to the extent practicable, airspace used for
military training flights below 15,000 feet above
ground level over the Duck Valley Reservation shall be
over uninhabited areas of the Reservation.
Ω213æPage 123, after line 17 insert:
SEC. 8151. Notwithstanding any other provision of
law (including any regulation), with respect to the public
sponsor of a primary levee located in the area that was
affected by major, widespread flooding in the Midwest dur-
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ing 1993 and that was designed for a 5-year flood or a
higher level flood, the eligibility of the public sponsor of the
levee to receive assistance through the levee rehabilitation
assistance program of the Army Corps of Engineers shall
not be affected by the status of participation (or lack of
participation) of the public sponsor in the program. A pub-
lic sponsor of a levee who becomes eligible to receive assist-
ance under the program pursuant to the preceding sentence
may, not later than September 30, 1994, submit an appli-
cation to participate in the program.
Ω214æPage 123, after line 17 insert:
SEC. 8152. (a) It is the sense of the Congress that, for
purposes of section 112 of the Internal Revenue Code of
1986, the President should declare that service in Somalia
during the period described in subsection (b) should be
treated as service in a combat zone.
(b) The period referred to in subsection (a) is the pe-
riod beginning on December 10, 1992, and ending on the
date on which withdrawal from Somalia of all forces of the
Armed Forces of the United States in Somalia has been
completed, as declared in a proclamation issued by the
President.
Ω215æPage 123, after line 17 insert:
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SEC. 8153. CONGRESSIONAL HEARINGS ON THE COM-
MITMENT OF UNITED STATES TROOPS IN SOMALIA AND
HAITI.—(a) FINDINGS.—
(1) Public hearings are essential in ensuring
broadbased understanding of and support for United
States policies;
(2) Since United States troops were committed
in Somalia, the original humanitarian mission has
been significantly expanded to include nation-build-
ing, as evidenced in United Nations Security Council
Resolution 814;
(3) Since the commitment of United States
troops in Somalia, the Senate of the United States
has received only update briefings or has held closed
hearings on United States actions there and has held
only one public hearing;
(4) To date, thirty United States troops have lost
their lives since United States troops were committed
in Somalia;
(5) Since the most recent disaster where eighteen
Americans lost their lives, seventy-six were wounded
and one was captured, the President has announced
his intention to commit several thousand additional
United States troops;
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(6) Six American warships sit off the coast of
Haiti and six hundred Americans wait to be deployed
as part of a United Nations peacekeeping force.
(b) SENSE OF SENATE.—It is the sense of the Senate
that—
(1) the appropriate committees of the Senate
should hold public hearings at the earliest practicable
date with the Secretaries of State and Defense as wit-
nesses on the commitment of United States troops in
Somalia and Haiti as members of the United Nations
peacekeeping force; and
(2) the appropriate committees should promptly
hold investigative, public hearings on the October 3,
1993 incident in Mogadishu, Somalia in which seven-
teen American soldiers were killed and at least sev-
enty-six were wounded as part of the United Nations
peacekeeping operation.
Ω216æPage 123, after line 17 insert:
SEC. 8154. Notwithstanding any other provision of
law, the Secretary of the Navy shall obligate the funds ap-
propriated for fiscal years 1992 and 1993 for the USH–
42 Mission Recorder program within the A–6 aircraft pro-
gram: Provided, That the Secretary of the Navy verifies that
a mission recorder is required in the future for Navy attack
aircraft for peacetime training and bomb damage assess-
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ment in combat: Provided further, That the Secretary shall
make this verification within sixty days of this Act becom-
ing law: Provided further, That the Secretary shall obligate
such funds within sixty days of this verification that a mis-
sion recorder is required in Navy attack aircraft for peace-
time training and bomb damage assessment in combat.
Ω217æPage 123, after line 17 insert:
SEC. 8155. The Secretary of Defense shall submit to
Congress an annual report containing information on the
cost to the United States of transporting supplies for the
Army, Navy, Air Force, or Marine Corps by sea on United
States-flag commercial vessels pursuant to the cargo pref-
erence laws of the United States, including the amount of
the cost savings that could have been realized if such sup-
plies had been transported at competitive international
shipping rates available from non-cargo preference vessels,
the subsidization of foreign-flag vessels, and the impact on
the viability of the United States merchant marine if the
cargo preference requirements were ended. The annual re-
port shall cover a cargo preference year which shall be a
12-month period defined by the Secretary.
Ω218æPage 123, after line 17 insert:
SEC. 8156. None of the funds appropriated for the De-
partment of Defense for fiscal year 1994 by this Act may
be used for making any progress payment under the C–17
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aircraft program that is not consistent with the require-
ments of section 2307(d)(1) of title 10, United States Code.
Ω219æPage 123, after line 17 insert:
SEC. 8157. No provision of this Act or any other Act
concerning Department of Defense programs, projects, or
activities involving community adjustment assistance, re-
search or development at colleges or universities, strategic
environmental research, or environmental restoration may
be construed as requiring a contract to be awarded, or as
requiring a grant to be made, to a specific non-Federal Gov-
ernment entity for a new program, project, or activity.
Ω220æPage 123, after line 17 insert:
SEC. 8158. (a) Is is the sense of Congress that none
of the funds appropriated or otherwise made available by
this Act should be available for the purposes of deploying
United States Armed Forces to participate in the imple-
mentation of a peace settlement in Bosnia-Herzegovina, un-
less previously authorized by the Congress.
(b) It is the sense of Congress that the limitation set
forth in subsection (a) should not preclude missions and
operations initiated on or before October 20, 1993, includ-
ing the provision of any humanitarian assistance by the
Department of Defense.
Ω221æPage 123, after line 17 insert:
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SEC. 8159. SENSE OF CONGRESS ON THE USE OF
FUNDS FOR UNITED STATES MILITARY OPERATIONS IN
HAITI.—(a) STATEMENT OF POLICY.—It is the sense of the
Congress that—
(1) all parties should honor their obligations
under the Governors Island Accord of July 3, 1993
and the New York Pact of July 16, 1993;
(2) the United States has a national interest in
preventing uncontrolled emigration from Haiti; and
(3) the United States should remain engaged in
Haiti to support national reconciliation and further
its interest in preventing uncontrolled emigration.
(b) LIMITATION.—It is the sense of Congress that funds
appropriated by this Act should not be obligated or ex-
pended for United States military operations in Haiti un-
less—
(1) authorized in advance by the Congress; or
(2) the temporary deployment of United States
Armed Forces into Haiti is necessary in order to pro-
tect or evacuate United States citizens from a situa-
tion of imminent danger and the President reports as
soon as practicable to Congress after the initiation of
the temporary deployment, but in no case later than
forty eight hours after the initiation of the temporary
deployment; or
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(3) the deployment of United States Armed
Forces into Haiti is vital to the national security in-
terests of the United States, including but not limited
to the protection of American citizens in Haiti, there
is not sufficient time to seek and receive Congres-
sional authorization, and the President reports as
soon as practicable to Congress after the initiation of
the deployment, but in no case later than forty eight
hours after the initiation of the deployment; or
(4) the President transmits to the Congress a
written report pursuant to subsection (c).
(c) REPORT.—It is the sense of Congress that the limi-
tation in subsection (b) should not apply if the President
reports in advance to Congress that the intended deploy-
ment of United States Armed Forces into Haiti—
(1) is justified by United States national secu-
rity interests;
(2) will be undertaken only after necessary steps
have been taken to ensure the safety and security of
United States Armed Forces, including steps to ensure
that United States Armed Forces will not become tar-
gets due to the nature of their rules of engagement;
(3) will be undertaken only after an assessment
that—
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(A) the proposed mission and objectives are
most appropriate for the United States Armed
Forces rather than civilian personnel or armed
forces from other nations, and
(B) that the United States Armed Forces
proposed for deployment are necessary and suffi-
cient to accomplish the objectives of the proposed
mission;
(4) will be undertaken only after clear objectives
for the deployment are established;
(5) will be undertaken only after an exit strategy
for ending the deployment has been identified; and
(6) will be undertaken only after the financial
costs of the deployment are estimated.
(d) DEFINITION.—As used in this section, the term
‘‘United States military operations in Haiti’’ means the
continued deployment, introduction or reintroduction of
United States Armed Forces into the land territory of
Haiti, irrespective of whether those Armed Forces are under
United States or United Nations command, but does not
include activities for the collection of foreign intelligence,
activities directly related to the operations of United States
diplomatic or other United States Government facilities, or
operations to counter emigration from Haiti.
Ω222æPage 123, after line 17 insert:
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SEC. 8160. Of the funds appropriated for title III of
this Act, $50,000,000 shall be made available for obligation
until September 30, 1996 for the Department of Defense
Pilot Mentor-Protege Program, pursuant to section 831 of
the National Defense Authorization Act for fiscal year 1991
(Public Law 101–510; 10 U.S.C. 2301 note), as amended:
Provided, That funds made available may be used by a
military service or a Defense agency to reimburse costs in-
curred by a contractor (or subcontractor) under an ap-
proved contract line item for the provision of mentoring as-
sistance pursuant to an approved Mentor-Protege Program
developmental assistance agreement.
Ω223æPage 123, after line 17 insert:
SEC. 8161. It is the sense of the Congress that the Unit-
ed States Department of Justice should investigate whether
any Federal criminal civil rights laws were violated as a
result of (1) the murder of Yankel Rosenbaum on August
19, 1991, and (2) the circumstances surrounding the mur-
der and accompanying riots in Crown Heights.
Ω224æPage 123, after line 17 insert:
TITLE IX
SEC. 9001. Congress makes the following findings:
(1) The Armed Forces of the United States have
conducted combat operations under the operational
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control of foreign commanders on numerous occasions,
including during two World Wars.
(2) Regional security organizations, such as the
North Atlantic Treaty Organization, are premised on
military operations by the forces of a number of na-
tions under an integrated chain of command consist-
ing of officers from member nations.
(3) The end of the Cold War has seen a substan-
tial increase in the conduct of international ‘‘peace-
keeping’’ and ‘‘peace enforcement’’ operations pursu-
ant to decisions of the United Nations Security Coun-
cil under Chapters VI and VII of the United Nations
Charter.
(4) The United Nations has conducted tradi-
tional ‘‘peacekeeping’’ operations successfully over the
years, but the number and size of such operations has
stretched the Organization’s management and over-
sight capabilities thin.
(5) The United Nations has not yet acquired the
expertise or infrastructure to enable it to effectively
manage ‘‘peace enforcement’’ operations.
(6) Any special agreement negotiated by the
President with the United Nations Security Council
to make units of the United States Armed Forces
available on call to the United Nations must be ap-
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proved by the Congress pursuant to the United Na-
tions Participation Act, enacted into law in 1945.
(7) Any decision by the President to place com-
bat forces of the Armed Forces of the United States
under the operational control of foreign commanders,
other than pursuant to the North Atlantic Treaty and
other arrangements in effect at the time of the enact-
ment of this Act, has significant consequences for such
forces, the Congress, and the American people.
SEC. 9002. It is the sense of the Congress that—
(1) the Armed Forces of the United States must
be under the operational control of qualified com-
manders; and must have clear and effective command
and control arrangements; appropriate rules of en-
gagement; and clear and unambiguous mission state-
ments;
(2) the President should consult with Congress
before placing combat forces of the Armed Forces of
the United States under the operational control of for-
eign commanders, other than pursuant to the North
Atlantic Treaty and other arrangements in effect at
the time of the enactment of this Act; and
(3) the President should submit a report to Con-
gress within 48 hours after placing combat forces of
the Armed Forces of the United States under the oper-
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ational control of foreign commanders, other than
pursuant to the North Atlantic Treaty and other ar-
rangements in effect at the time of the enactment of
this Act, setting forth—
(A) the mission of such forces and a clear
explanation of the difference, if any, between the
mission of such forces and the mission of the
forces of other nations participating in the same
military operations;
(B) in a case in which the operation is con-
ducted under the auspices of the United Nations,
an assessment of the United Nations capability
to effectively manage the operation;
(C) an explanation of the United States in-
terest that would be served by and the justifica-
tion for placing such forces under the operational
control of a foreign commander in this instance;
(D) the command and control arrangements
for the operation of which the forces of the Armed
Forces of the United States are a part;
(E) the number, type and general descrip-
tion of equipment of such forces;
(F) the estimated cost to the United States
of the participation of such forces;
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(G) the anticipated duration of the partici-
pation of such forces;
(H) a general description of the rules of en-
gagement for such forces; and
(I) the foreign commander or commanders
involved.
Ω225æPage 123, after line 17 insert:
TITLE X
SEC. 10001. CONVEYANCE OF KAHO’OLAWE ISLAND, HAWAII,
TO THE STATE OF HAWAII.
(a) PURPOSE.—It is timely and in the interest of the
United States to recognize and fulfill the commitments
made on behalf of the United States to the people of Hawaii
and to return to the State of Hawaii the Island of
Kaho’olawe. Kaho’olawe Island is among Hawaii’s historic
lands and has a long, documented history of cultural and
natural significance to the people of Hawaii reflected, in
part, in the Island’s inclusion on the National Register of
Historic Places and in the longstanding interest in the re-
turn of the Island to State sovereignty, public access and
use. Congress finds that control, disposition, use and man-
agement of Kaho’olawe is affected with a Federal interest.
It also is in the national interest and an obligation under-
taken by Congress and the United States under this and
other Acts, and in furtherance of the purposes of Executive
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Order 10436 (1953), to recognize the cultural and humani-
tarian value of assuring meaningful, safe use of the Island
for appropriate cultural, historical, archaeological and edu-
cational purposes as determined by the State of Hawaii and
to provide for the clearance or removal of unexploded ord-
nance and for the environmental restoration of the Island
for such purposes. Congress also finds it is in the national
interest and an essential element in the Federal Govern-
ment’s relationship with the State of Hawaii to ensure that
the conveyance, clearance or removal of unexploded ord-
nance, environmental restoration, control of access to the
Island and future use of the Island be undertaken in a man-
ner consistent with the enhancement of that relationship,
the Department of Defense’s military mission and the Fed-
eral interest.
(b) MODEL DEMONSTRATION PROJECT.—It is in the
national interest that the clearance or removal of
unexploded ordnance and the environmental restoration of
Kaho’olawe serve as a model demonstration project that in-
corporates the use of innovative technologies and a remedy
selection process that will expedite and economize such
clearance or removal and environmental restoration while
maintaining meaningful participation by affected parties
and assuring the protection of human health and the envi-
ronment.
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(c) CONVEYANCE.—Subject to section 10001(d) and
section 10008(b) of this Act, the United States, through the
Secretary of the Navy (also, hereinafter, ‘‘the Secretary’’),
shall convey and return, without consideration and without
conditions other than those set forth in this title, to the State
of Hawaii all right, title and interest of the United States,
except that interest set forth in section 10002(a)(4) and sec-
tion 10004 of this Act, in and to that parcel of property
consisting of approximately 28,776 acres of land known as
Kaho’olawe Island, Hawaii and its surrounding waters.
Such conveyance of title shall occur no later than 180 days
from the date of enactment of this Act and the appropria-
tion of funds for such purposes described in this title.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the parcel of property to be con-
veyed under section 10001(c) shall be determined by a sur-
vey that is deemed satisfactory by the State of Hawaii in
consultation with the Secretary. The cost of the survey shall
be borne by the Secretary, making use of funds provided
pursuant to this title.
SEC. 10002. ORDNANCE CLEARANCE OR REMOVAL ON
KAHO’OLAWE ISLAND, HAWAII.
(a) ORDNANCE CLEARANCE OR REMOVAL.—(1) Subject
to section 10008(b) of this Act, the Secretary of the Navy
shall, in compliance with the two-tiered standard of ord-
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nance clearance, removal, restoration and safety contained
in subsection (a)(2) of this section—
(A) detect and clear or remove from Kaho’olawe
Island and its adjacent waters, all unexploded ord-
nance, the remains of exploded ordnance, and solid
waste associated with such ordnance or with the use
of Kaho’olawe Island by the United States for bomb-
ing training, gunnery training, or other munitions
training.
(2) Kaho’olawe Island shall be restored for use in ac-
cordance with the following requirements:
(A) TIER ONE RESTORATION AREA.—The entire
Island shall, in a manner consistent with the pur-
poses of this title and with the protection of surface
and below surface historical and cultural sites and
artifacts, be restored to a condition that is reasonably
safe for human access and visitation and in accord-
ance with standard methodologies for such restoration
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
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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
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;
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(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
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-
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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.
(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.
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(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
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—
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(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
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
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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.
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-
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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.
(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
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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.
(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—
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(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-
tional funds, however, the award of such funds shall not
be unreasonably withheld.
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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
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-
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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-
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-
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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.
(3) Any return on investment of the assets of the
Fund.
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(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-
ance of Kaho’olawe Island to the State of Hawaii and the
clearance or removal and remediation of unexploded and
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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-
posed by the court to enforce compliance with the terms of
this title and the Memorandum of Understanding. Such
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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.
Attest:
Secretary.
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