Letter to J L Liverman, Subject: Permanent Use and Occupancy Rights at Enewetak Atoll to the Trust Territory of the Pacific Islands

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Copies o f documents returning the permanent use and occupancy rights a t Enewetak Atoll to the Trust Territory of the Pacific Islands (TTPI) and providing for the necessary use and occupancy rights to the United States are attached. Enclosure 1isa copy o f an Agreement Terminating Rights, Title, and Interest of the United States to Enewetak Atoll. Enclosure 2isa copy o f an Agreement Granting Use and Occupancy Rights a t Enewetak Atoll to the United States of America for the cleanup, r e - habilitation, and radiological monitoring of Enewetak Atoll. The agreements were signed by the Acting High Commissioner of the T TPI at Enewetak on 16 September 1976. Commissioner signed a document returning the permanent use and occupancy On the same date, the Acting High DEFENSE NUCLEAR AGENCY Ass is tant Administrator for Envi ronment and Safety U: S. Energy Research and Development Administration

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IdliCRCAS, the bovci-nieent o f the Trust Territory of the Paci fic intoa Use and Occupancy Agree x nt for Cneictal: /',toll as of 19C4; and IJHEREAS, the Trust T cr ri tory wishes to obtain use and occu3ai:cy of said atoll and the terriination oi- all rig bts,title, and interest of the !;:iitZd States in or to said atoll ; and . IWEREAS, the United States wish2s t o tcmiiiiate its use and occ u ~ a ~ t yc i existing at noon on the day prior to the date of signature by t!ie last party to sign this agreement are 'hereby i ern in a ted.

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by and bctmcn the Governti,nt of the Trust Territory of the Pacific Stat cs of Ancrica, here in after refer rmi to as "United States ." !NEIKP.S, the Trust Territory and the United Stat cs entered into a Use and Occupancy Agreeni2nt fcr Cncretak !.to1 1 as o f 1994; and I#IEREAS, the United States has terminated its use and occu7ancy of said atoll ; and WHEREAS, the Trust Territory wishes to grant certain rights wi t 3 respect t o Enerretak Atoll t o t!ie United States, as here in after stated ; and bIHEREAS, the United States has need for certain rights :,/it hr iso ect t o Enewiak Atoll, as here in after stated. IW!, THEREFORE, in consideration of the mutual agreements ccntzined herein, the parties agree as fc ll on s ; 1. Temporary Use Rigti&. The Trust Territci-y hereby grants tothe tractors, the temporary use and control ofth ? entire atoll and its adjacent airspace, lagoon, and territorial waters and all buildings and fixed fac ili - ties and equipment on it until the proposed cleanup of possible contamination on the atoll has been environnwitally assessed,a final decision made, and, if affirmative and the prograin i s funded, the cleanup coi:iplcted, subject to arrqngemcnts between the Defense iduclear Agency, on behalf o f t h e United States, and the Trust Territory to relinquish areas earl i cr. 2. Indef in i & Riqlits_. The Trust Territory hereby grants t o the Uni tcd follcr,ving rights of use and occupancy indefinitely for the purposes of the (A) Tlic riglit, for as long as it is necdcd by tlic CoastGuard, 1: to opcratc and iiiaiiitaiii the Lorm A Station presently locatctl a t llic nort ! i

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acres, more or less,of land and tlic buildiiigs and facilities thereon occui)icd by thc station. This iircil is shown i n red on t!ic attached IliJrJ. Further s pcc if ic rights graiited for purposcs of opc rating, niaintaining, and servicing the Loran A Station are as follows: (1) Rights o f access t o thc a tollI J Yair, including joint use in coianon with others of the liindiny field,for arrival and departure of personnel, SUrJ;jl ies, and equipiiient. (2) Kights of access t o t!ie atoll by water, including the right to anchor, and joint iisc i n coi:rnon with others of the docks (3) Land access, both pedestrian and vehicular,in coniiiion with others, betneen the station and ot!ier parts of Enewetak Island. Land access also includes rights of way for electric poi.er lines and fresh (4) The right to bii let personnel inappropriate dorni tories and t o riiaintain and utilize dining facilities. (B) Rights as determined necessary by the EnerQy %?search and Developrwnt Administration t o perform its responsibility for the long%crm radiological surveillance of Ene\wetak Atoll. This responsibility requires a variety of research and monitoring operations on t!ie atoll. use and occupancy rights arc examples of those granted tothe United States t o conduct these operations : (1) The right of scientific tern to cenduct research and (2) Rights o f acccss to the atoll by air, including joint use of the landing field,for arrival and dc part urc of personnel,supplies, and (3) Rights o f acccss to the atoll by water,inc tu ding the right to aiichor and joint use of docking facilities. (4) The right to tisc and occupy the cur rc ntl yut i liz cd niarinc

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(G) Rights of access t o a11 islands and their roads, reel \ , lagooils, and adjircont waters for sci cnt if ic purposes. (7) [tight to collect and I-CIIIOVC sriia11 aciounts o f tilaterial (8) kight touse small parccls of land on SOI:IC islands to establish test plantings for scientific purposes. (9) Right to drill test holes to obtain lens water san ple s for sci cnt if ic purposes. (10) Longtemi use and access privileges similar to those listed in Paragraph 2(G)(1) through (9) above for the purpose o f construct ion, supply, and operation of a ner! rlarine laboratory on Ene:etak 3. General Rights. The fol loving general rights are granted o r acknovledgcd, as appropriate,for all United States activities for whictl tenpora!-y use rights or indefinite rights arc granted: (A)All equipment o r moveable property oimed by the United States rhicli i s already on oris brcught in t o Enewetak Atoll at a later dat ? , remains the property of the United States and may bc rcmoved, abandoned i n place, o r disposed cf a i any tiiqe in accordance with Cnited States law. Buildings and fixed facilities used in connection uit h( B ) act iv it ics for which tetaporary use rights or indefinite rights are granted will reriain subject to the use and occupancy of the United States so long as such rights are exercised. (C) The United States,its agents, employees, and contractors, \die are present on Encwtal: Atoll for the purpose o f conducting the activities for which tenporary use rights or indefinite rights arp granted,shall not bc (2) payircnt of any tax, duty, siircliargc, asscssnwnt, or fecin the nature o f any of thew.

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Cricwctak such corlLractot-r; and such i wr son ncl,dic the r en[ilaycd by the Uiii tcd States or its ccntt'actoi-s, as i t dctcriwiiics are rc quir cd to conduct tlic activities Fur wliicit tcoiporary use rig fits or indefinite rights areyi - aitcd. Ill I.!lTIIESS I41CREOF., the parties here to have executed this Pgreemcnt as o f the day arid ycar first above w-i ttcn. Received and filed at 10:30 a.m.,1SJi%Kx, this 22nd day of -S it. emb er, 1976, i n Boot: 2 , Paw 23 By: Oktaii Damon Assistant Clerk Of Courts l3a rsfi a 11 Is1 ands Distr ic t