PUBLIC LAW 103-139—NOV. 11, 1993 107 STAT. 1481 (d) IMPLEMENTATION. —(1) The Secretary shall carry out the requirements of this Act following consultation with the State of Hawaii as reqmred by section 10002 of this Act and with the technical and logistical support, as needed, of the United States Army Corps of Engineers and other Federal agencies. (2) Notwithstanding any other provision of this Act, 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 Memorandum of Understanding contained in section 10002 of this Act, until either clearance and restoration are completed or within no more than ten years after the date of enactment of this Act, whichever comes first, and control of access is transferred to the State of Hawaii, pursuant to such conditions. (e) INDEMNIFICATION AND THE CONTROL OF ACCESS.— (1) The Navy shall retain control of the access to the Island during the time period set forth in section 10001(d)(2) of this Act that it is undertaking unexploded ordnance removal and hazardous materials removal activities required in this Act. (2) 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, demands, 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 or any munitions, exploded or iinexploded ordnance, solid waste associated with such ordnance or hazardous substance, pollutant or contaminant resulting from the activities of the Department of Defense, including the activities of the Department of the Navy and the Department of the Army and any agent, employee, lessee, licensee, independent contractor or other person on the property during such time that the property was and remains under the control of the Department of Defense, Navy, Army or other agencies of the United States Government. Notwithstanding this subsection or any other provision of law, response action contractors shall not be held harmless, defended or indemnified for activities under this title and activities of response action contractors are not included as activities of the Department of Defense under this subsection. The term "response action contractor" has the meaning given such term in section 119(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9619(e)(2)), except that such term includes a person who enters into, and is carrying out,, a contract to provide at a facility (including a facility not listed on the National Priorities List) a response action with respect to any release or threatened release from the facility of a hazardous substance or pollutant or contaminant, or a similar action with respect to petroleum or its derivatives. (3) Nothing in this Act 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 and retain responsibility for any environmental restoration, remediation, or corrective action required at the property conveyed in paragraph (b).
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