Page:United States Statutes at Large Volume 107 Part 2.djvu/530

 107 STAT. 1482 PUBLIC LAW 103-139—NOV. 11, 1993 COOPERATION OF FEDERAL DEPARTMENTS AND THE STATE OF HAWAII AND TRANSFER OF CONTROL OF ACCESS SEC. 10002. (a)(1) Upon the request of the Secretary or the State of Hawaii, and in accordance with existing laws and requirements, any department or agency of the Federsu Government may provide assistance to the Secretary or the State of Hawaii, as the case may be, in carrying out their respective duties under this Act. (2) Within one hundred eighty days following passage of this Act, and notwithstanding any other provision of law, the Secretary shall consult with and enter into a Memorcuidiun of Understanding with the State of Hawaii governing the terms and conditions of (i) access to the Island for those purposes set forth in sections ' 10001 and 10002 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 public health and the environment 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, methodology^ and implementation 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 ordnance, clearance or removal of ordnance, and hazardous substance clearance; (iii) the establishment of a two-tiered standard of restoration and ordnance clearance, removal, restoration and safety, taking into account the purpose for which any geographic area will be used and the nature and purpose of himian access to such area, but assuring the protection of human health and the environment; (iv) the means for protecting historical, cultural and religious sites and artifacts from intentional destruction, harm and vandalism; (v) public participation, as appropriate, including the opportunity for public comment and hearing; and (vi) the means for regular interval clean-ups and removal of newly discovered previously undetected ordnance by the Navy. 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 existence until the completion of the restoration and remediation 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 attainment. 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 title. (3) The United States, through the Secretary of the Navy, shall transfer the control of access to the State of Hawaii within no more than ten years from the date of enactment of this Act or when the activities required by this Act, including ordnance clearance or removal activities and environmental remediation activities are completed, whichever comes first. (4) 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 or responsible

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