3-2

The consultations referred to in this Section shall be con(b)
ducted expeditiously at senior levels of the Governments concerned,
and the subsequent determination by the Government of the United
States referred to in this Section shall be made only at senior
interagency levels of the Government of the United States.
The Government of the Marshall Islands or the Federated
(c)
States of Micronesia shall be afforded, on an expeditious basis,
an opportunity to raise its concerns with the United States |
Secretary of State personally and the United States Secretary of
Defense personally regarding any determination made in accordance
with this Section.
Section 314

(a)

Unless otherwise agreed, the Government of the United

States shall not,
of Micronesia:

in the Marshall Islands or the Federated States
.

(1) test by detonation or dispose of any nuclear weapon,

nor test, dispose of, or discharge any toxic chemical
or biological weapon; or

(2) test, dispose of, or discharge any other radioactive,
toxic chemical or biological materials in an amount
or manner which would be hazardous to public health
or safety.
(b)
Unless otherwise agreed, other than for transit or overflight purposes or during time of a national emergency declared by
the President of the United States, a state of war declared by the
Congress of the United States or as necessary to defend against an
actual or impending armed attack on the United States, the Marshall
Islands or the Federated States of Micronesia, the Government of
the United States shall not store in the Marshall Islands or the
Federated States of Micronesia any toxic chemical weapon, nor any
radioactive materials nor any toxic chemical materials intended
for weapons use.
(c)

Radioactive, toxic chemical, or biological materials not

intended for weapons use shall not be affected by Section 314(b).

(a)
No material or substance referred to in this Section
shall be stored in the Marshall Islands or the Federated States of
Micronesia except in an amount and manner which would not be
hazardous to public health or safety.
In determining what shall
be an amount or manner which would be hazardous to public health

or safety under this Section, the Government of the United States
shall comply with any applicable mutual agreement, international
guidelines accepted by the Government of the United States, and
the laws of the United States and their implementing regulations.
f
f

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