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(4) shall develop, prior to conducting any activity
requiring the preparation of an Environmental Impact
Statement under Section 161(a)(2),
appropriate mech-
anisms, including regulations or other judicially
reviewable standards and procedures, to regulate its
activities governed by Section 161(a)(3) in the
Marshall Islands and the Federated States of Micronesia in a manner appropriate to the special governmental relationship set forth in this Compact. The
agencies of the Government of the United States desig-
nated by law to administer the laws set forth in
Section 161(a)(3) shall participate as appropriate in
the development of any regulation, standard or procedure under this Section, and the Government of the
United States shall provide the affected Government
of the Marshall Islands or the Federated States of
Micronesia with the opportunity to comment during
such development.
(b)
The Governments of the Marshall Islands and the Federated
States of Micronesia shall develop standards and procedures to
protect their environments.
As a reciprocal obligation to the
undertakings of the Government of the United States under this
Article, the Governments of the Marshall Islands and the Federated
States of Micronesia, taking into account their particular environments, shall develop standards for environmental protection substantively similar to those required of the Government of the
United States by Section 161(a)(3) prior to their conducting
activities in the Marshall Islands and the Federated States of
Micronesia, respectively, substantively equivalent to activities
conducted there by the Government of the United States and, as a
further reciprocal obligation, shall enforce those standards.
(c)
Section 161(a), including any standard or procedure
applicable thereunder,
and Section 161{b) may be modified or super-
seded in whole or in part by agreement of the Government of the
United States and the Government of the Marshall Islands or the
Federated States of Micronesia.
(d)
In the event that an Environmental Impact Statement is no
longer required under the laws of the United States for major federal actions significantly affecting the quality of the human ~
environment, the regulatory regime established under Sections:
161(a)(3) and 161(a)(4) shall continue to apply to such activities
of the Government of the United States until amended by mutual
agreement.
(e)
The President ofthe United States may exempt any of the
activities of the Government of the United States under this Compact and its related agreements from any environmental standard or
procedure which may be applicable under Sections 161(a)(3) and
161(a)(4) if the President determines it to be in the paramount
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