* ULE. GOVERNMENT PRINTING OF FICE:

Mrs. Ruth Yan Cleve

IP 7H-2E3-E88F

-~4reo

We would hope that firm guidance on these matters might be presented
and discussed at our next meeting to be held on August 16, so that the
U.S. position can be accurately reflected in the illustrated bilingual
book that fs being prepared as a basi{s of presentation to and discussion
with the Enewetak people. Any guidance received at that time will be
considered for discussion with our translators during the week of
August 20, with final copy due at the printer no later than August 28.

CONCURRENCES
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Enewetak people, together with sctfentific and technical consultants, will
evaluate projected radiation exposure levels, relative benefits to be
derived from compliance with the FRC guides, and alternatively benefits
. to be derfved from exceeding the guides. If their analysis shows the
benefits of exceeding the guides to be dominant, the argument may be
made that the Enewetak people have a right to return to islands of -

their choosing (e.g., Enjebi).

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If this should come about, the U.S.

may well be asked if it concurs fn or challenges that analysis. At
the meeting on August 2 referred to above, DOI indicated that they
would explore the destrability of such an analysis; it {S$ our opinion
that an analysis by the U.S. would be of extreme {mportance. While the

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Department of Energy is prepared to assist the Department of Interior

with respect to the radiological exposure component of such an analysis,
we are not fn a position to address non-radfological factors which might
need to be constderec. That such matters should be taken inte account
in the overall assessments would seem to be in the best interests both
of the Enewetak people and of the U.S.
It should be noted at this point that ft 4s not obvtous what the
implications may be for the U.S. regarding possible litiaation.
However, we belfeve that our primary concern must continue to remain
that which is in the best interests of the Enewetak people consistent
with applicable regulations and law.

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We would be pleased to discuss these matters further {if you wish.

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Sincerely,

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Bruce W. Wachholz, Ph.D.

Office of Envtronment

cc: Dr.
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bec: R . Clusen, ASEV

7

H . Hollister, ADASEV
T. Frangos, OECO
G. Dix, OESD

Wachhotz's Files

OFFICIAL FILE COPY

IG1 1993

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DATE

8

T. McCraw, OESD
J. Deal, OESD
B. Brown, OGC, B-206

DOE FORM AQ-9 (12-77)

OGC
DaStefano
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W. Weyzen, OHER

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With respect to 2} above, it fis expected that the Tegal counsel to the

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Select target paragraph3