PUBLIC LAW 103-139—NOV. 11, 1993 107 STAT. 1483 for the conduct of any clean-up and response actions arising from and relating to the use, environmental clean-up and ordhiance removal and remediation of Kaho'olawe Island and its adjacent waters. KAHO'OLAWE ISLAND CONVEYANCE, REMEDIATION, AND ENVIRONMENTAL RESTORATION TRUST FUND SEC. 10003. (a) There is established on the books of the Treasury of the United States a fond to be known as the "Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Fund" (hereinafter in this subsection referred to as the "Fund"). The Fund shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation 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 Act and for properly allocable costs of the Federal Government in the administration of the Fund. (b) There shall be deposited into the Fund the following, 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. (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 Act. (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 11 percent shall be made available to the State of Hawaii to carry out the provisions of section 10002 of this Act. (e) Amounts appropriated to the Fund shall remain available until obligated or until the Fund is terminated. (1) Upon payment of all incremental costs associated with the purposes for which the Fund is established, the Fund shall be terminated. (g) Subject to the provisions of this section, the Secretary is authorized to provide $45,000,000 to the State of Hawaii for the purpose of long term planning and implementation by the State of (i) such long term planning, (ii) environmental restoration activities, and (iii) the terms and conditions set forth in the Memorandum of Understanding required by section 10002 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 available to the State by the Secretary from funds made available pursuant to this Act and shall be provided to the State of Hawaii. (h) Funds in addition to those provided piu'suant to section 10003(g) may be provided to the State of Hawaii upon the submission of an acceptable plan containing the elements identified in 10003(g) of this Act and demonstrating, to the satisfaction of the Secretary, that such funds are necessary to the proper fulfillment of such elements and the purposes of this Act. The Secretary shall have sole discretion to award such additional funds, however, the award of such funds shall not be unreasonably withheld.
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