UNITED STATES’
ATOMIC

ENERGY

COMMISSION

NEVADA OPERATIONS OFFICE P.O. BOX 14100
LAS VEGAS, NEVADA 89114

May 2h, 1972
Thomas O. Fleming, Chief Counsel

ENIWETOK LEGAL MATTERS
As you know, a number of actions are now underway which will
ultimately lead to the return of Eniwetok Atoll to the Eniwetokese
(Marshall Islanders who are presently living on Ugelang). On
the visit which I just completed accompanying a group of Eniwetokese
to the Atoll, there were as many lawyers in the party as there were

Marshallese natives (6).

Five of these are practicing attorneys;

the sixth is the Deputy High Commissioner of the Trust Territory.
Three have an active lawyer-client relationship with the former

residents of Eniwetok and a fourth, who has just been admitted to

the bar in Micronesia, will most likely join them. The fifth
practicing attorney is the District Attorney of the Marshali
Islands District--a Trust Territory Government employee. Except
as this man, Mr. Russ Walker, may be considered to represent the
Government of the United States, that Government was not represented
by Counsel; and presumably it is against the United States Government
thst the actions, if any, of the Eniwetokese will lie.
The issues are many and complex and surely not all of them have
yet surfaced. As examples, I cite the following:

a.. The instruments whereby the United States obtained the use of
the Atoll leave much to be desired in precision and clarity.
There appears to be 4 real question as to whether what was
obtained was a lease, a use permit or title to the lands;
and whether under any of these possible interpretations the
United States was legally free to destroy or damage the land.

b.

There is a large amount of capital equipment at Eniwetok.
The Marshallese undoubtedly will claim much or all of it.
The Trust Territory may well. wish to relocate some of it to
other areas as was-done at Bikini. The question of U.S.
Government rights to what is currently considered U. S.

Government property will surely be an issue.

Select target paragraph3