The

Honorable Wallace 0.

Green

Acting Deputy Assistant Secretary
Territorial & International Affairs
August 8B, 1980
Page Three

and, more importantly, to comment on and be consulted with
regard to any scope of work document or draft contract
preparee@ in connection with Section 102 of Public Law 96-

205.

Cn page three of the Discussion Paper, the Interior
Department offers a preliminary reading of Section 102 which
raises several questions.
The first issue is raised by the
use of the word “inhapitants”" and its implication of a
residency requirement.
Section 102 quite carefully refers
to "people" of atolls and it is the view of the Government
of the Marshall Islands that Congress intended this term to
be interpreted consistent with customary Marshallese concepts
of relationship between people and atolls which do not
require reSidency on an atoll by any particular individual.
The most important issues raised ky the DOI prelimimary reading are the method for determining the atolls whose
people are entitled to health care and the method for deter-

mining whether a particular injury,

illness or condition of

any person within the group of entitled people is eligible
for treatment. The statute quite clearly sets up two tests
for determining
whether a particular person is entitled to

treatment in a particular case:
1.

Is that person one of the "people" of
a.

Bikini,
Utirik;

Enewetak,
or

Rongelap or

b.

Any other atoll of the Marshall
Islands exposed to radiation from the

Nuclear weapons testing program;

and

2.

Is the injury, illness or condition for

which treatment is being sought one which
"may be the result directly or indirectly of
such nuclear weapons testing program."

The preliminary reading of DOI seems to ignore these two
Statutorily established standards and to unjustifiably

discriminate between the injuries, illnesses or conditions which

will be treated with regard to people of group 1(a) above
and group 1(b) above.
As to the people of Bikini, Enewetak,

Select target paragraph3