Mrs. Ruth Van Cleve

- 3 —_———_————
CONCURRARENCET
RYG, SYMBOL

(All of the above guidance "...are not intended to apply to radiation
exposure resulting from natural background or the purposeful exposure

“Ririaceybie.

It is apparent in view of the above that arguments on behalf of the
Fnewetak people are likely to include:

RVG, SYMBOL

of patients by practitioners of the healing arts.")

1) That U.S. radiation exposure guidance does not and should not
Manica
apply to the Enewetak people at Enewetak Atoll, inasmuch as the Enewetak
people are not citizens of the United States.
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2) That even if they do apply, the benefits to be derived to the
ATG. SYMBOL
Enewetak people by returning to their several home fslands clearly outweighs any potential risk involved should the predicted radiation exposur@inracs7sie.
level exceed that of the FRC guides.

fae renlt
DATE

With respect to 1) above, the matter was discussed in deta{] during the
August 2 meeting and DOE, DOI, and EPA, together with their respective
mre. symeee
legal counsel, agreed as to the necessity of determining a U.S. position
with respect to the applicability of U.S. radiation exposure guidance in PINITaALS, tC,
the Marshall Islands generally and at the Enewetak Atoll specifically,
and to determine the extent to which the U.S. has the authority and
oATE
responsibility to enforce such guidance. Both DOI and EPA agreed that
|
these issues must scon be resolved, and agreed to be responsible for
RTG. SYMBOL
providing advice as follows:

a Pe a

ee ered at

a_
A)

Determining whether or not FRC guidance is legally applicable

B)

If the FRC guidance is found to be applicable, determining

to the Marshall Islands generally and Enewetak Atoll specifically.
whether there {s any discretion as to {ts applicability.

C} If the FRC guidance {s found not to be applicable, what other
authority, if any, does EPA have to establish guidance for the Marshall
Islands?

)

RTG. symoon

.

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a

Bra. syegoe

Le
ENITIALS/

S$1G.

Poare,
A} Determine the scope and extent of U.S. authority at Enewetak,
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both at present and after the termination of the Trust Territory agreemen$s °°"
e.g., does Interior or the United States Government have authority to
Loenen

a

.

INITIALS/

prevent people from living on islands of their choosing? What are the
respective authorities of the Trust Territory Government and the Marshall |.
Islands Government in this area?
onre

DOE FORM AD-9 (1277)

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OFFICIAL FILE COPY

15

S50,

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