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Article VI
Environmental Protection
Section 161
The Governments of the United States, the Marshall Islands and
the Federated States of Micronesia declare that it is their policy
to promote efforts to prevent or eliminate damage to the environment and biosphere and to enrich understanding of the natural
resources of the Marshall Islands and the Federated States of
In order to carry out this policy, the Government of
Micronesia.
the United States and the Governments of the Marshall Islands and
the Federated States of Micronesia agree to the following mutual
and reciprocal undertakings.
(a)
The Government of the United States:
(1) shall continue to apply the environmental controls
in effect on the day preceding the effective date of
this Compact to those of its continuing activities
subject to Section 161(a)(2), unless and until those
controls are modified under Sections 161(a)(3)
161(a) (4);
and
(2) shall apply the National Environmental Policy Act of
1969, 83 Stat. 852, 42 U.S.C. 4321 et seq., to its
activities under the Compact and its related agreements as if the Marshall Islands and the Federated
States of Micronesia were the United States;
(3) shall comply also, in the conduct of any activity
requiring the preparation of an Environmental Impact
Statement under Section 161(a)(2), with standards
substantively similar to those required by the following laws of the United States, taking into account
the particular environments of the Marshall Islands
and the Federated States of Micronesia:
the
Endangered Species Act of 1973, 87 Stat. 884, 16
U.S.C. 1531 et seq.; the Clean Air Act, 77 Stat. 392,
42 U.S.C. Supp. 7401 et seg.; the Clean Water Act
(Federal Water Pollution Control Act), 86 Stat. 896,
33 U.S.C. 1251 et seq.; the Ocean Dumping Act (Title
I of the MarineProtection, Research and Sanctuaries
Act of 1972), 86 Stat. 1053, 33 U.S.C. 1411 et seq.;
the Toxic Substances Control Act, 90 Stat. 2003, 15
U.S.C. 2601 et seq.; the Resources Conservation and
Recovery Actof 1976, 90 Stat. 2796, 42 U.S.C. 6901
et seq.; and such other environmental protection laws
of the United States as may be mutually agreed from
time to time with the Government of the Marshall
Islands or the Federated States of Micronesia; and
f