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.