Civil Division

Deputy Assistant Attorney General

Washington, D.C. 20530

December 17,

Ms. Ruth VanCleve
Deputy Assistant Secretary,
Office of Territorial and
International Affairs

1980

Policy

Decartment of the Interior

18th and C Streets,
Washington, D. C.
Dear Ms.

N. W.
20240

VanCleve:

The Department of Justice was invited to submit its
comments on reports submitted by the Department of Energy and
a Department of Interior contractor concerning implementation
of Public Law 96-205.
As we have previously stated, at the heart of implementation of Public Law 96-205 is a fundamental decision on the
scope of its coverage.
As you note in your August 8, 1980,
discussion paper, the most reasonable interpretation is that
the statute contemplates coverage of more than the people of the
four named atolls but something less than all of the people of

the Marshall Islands.

The standard by which additional atolls

are covered involves determinations of complex issues which to
date the Department of Interior has not attempted to resolve.
In the absence of Congressional clarification or agreement by
concerned agencies on the standard by which people of additional
atolls should be covered, we believe that the implementation of
Public Law 96-205 appropriately should be limited to the
peoples of the four named atolls.
However, we believe significant
efforts should be made to resolve the standard issue as
expediously as possible in order to determine the scope of
Public Law 96-205.
Further, in our view, considerations of program
efficiency, cost effectiveness and generalized equity do not,
standing alone, constitute sufficient grounds by which the
coverage of Public Law 96-205 could be extended to all inhabitants
of the Marshall Islands.
Because the statute obviously does not
contemplate coverage of all persons who might have been exposed

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