‘. me "a? ‘9 E IDIX IT APPENCI¥ II the clear intention that claims for propercy damage, personal injury, or death arising ouc of activities of U.S. aflitary and civilian personnel abrosd are to be deale with by adminiscracive or diplomacic means, or by special legislation, as aay be appropriate, rather than by litigation under the Federal Tort Claims Act. One area chac could possibly provide limiced relief in 2 foreign situation would be the Milicary Claims Act. However, lisited claias from foreign claimants are allowed only if presented within two years after each claim accrues. See 10 USCA 2731 et seq. DOE believes it is misleading for the draft report to indicate that the pocential exises for fucure legal difficuleies in the claims area without specifically elaborating on what chose difiieul- cies may be and how such claims may be made againsce che United States. i The concepe of “enforcement” of living pattern restrictions is foreign to past thinking in the develcpment of cleanup and rehabilitcacion criteria and recommendations for Enewetak. OOE has noc required che Trust Territory government or the Enewetak people.to give “unqualified assurances" of compliance with restrictions. The radiological criteria and recommendations set forth by AEC ancticipaced the existence of a spirit «: cooperation among those who are trying to hels the Enewetax people resurn to their homeland and that che people themselves and their advisors would cooperate. if was expected that che recommended rescrictions thenselves, and te some extent the need for restrictions, would be understood by the people. | The Enewectak Enyironmencal Inmpace Stacemenc (£iS) provided the mech~ anism for obtaining agreement from all narcies. dAbsoluce compliance with reserictions was not expected. Rather, it was anticipated that over tne long tera che people would police chenselves and a good level of compliance with resrriccions would be achieved. It was expected that at least initially chere would be a high level of compliance with recommendacions on housing construction and plancing of faod crops because these would be done by U.S. agencies. The Safeguard for the long cern would be che radiological followup of the people and their environment, to be performed by DOE. This wii: provide che necessary assurance that restrictions were being followed tC) an acceytable degree. SCE has not changed the radiological orocecticn hiiosophy used or) zade secre styvingene any of the recomeenued radiological crisecia develcoed iherefrom for pianning and ecnducting cleanus and rehabi.dtation of Esewecrax. The deveispment af the sci! cleanup <:riseria, ro aya a-@., t9e sC and 300 2Ci/g, was based upon consideracion of ali ~5001511 —