Memorandum for the Record -2- The discussion of how far clean-up should go came up several times, but no agreement between DOD and DOI representatives was made. CAPT Worthing wanted to know where the point of contact was for matters dealing with return of the atoll, DOI or TTPI. Mr. Carpenter said his office was that point, and if TTPI had to be consulted, he would do it. There was short discussion on the problems caused by Mr. Mitchell. Mr. Carpenter said Mitchell is nothing to worry about, but CAPT Worthing, CAPT Drake, and CAPT Schuller said that PACE had been substantially delayed by Mitchell and that more than $100K had been spent by DOD to revise the PACE EIS. Mr. Carpenter said for DOD to not worry about Mitchell; DOI was working with OEO to "get at Mitchell." CAPT Worthing asked if it was assumed by anyone in DOI or TTPI, or elsewhere, that the Joint Statement said that people could come back to the atoll. Mr. Carpenter and Mr. DeYoung said no, but there certainly were pressures to permit the people to return at the earliest convenient date. Specifically, Mr. Carpenter said they would want to go back to Parry and build a few structures where they would live while employed in cleamup activities. I pointed out that it would be unwise to contemplate the return of any Eniwetokese until after the AEC report is completed. Particularly, since it may turn out that it is not advisable to allow any of the Eniwetokese to return, although that is only a remote possibility. CAPT Worthing then stated that if the food chain could not support the people, the U.S. may have to return the people anyway and sustain them with imported food. The three DOD representatives brought out their apprehensions of completing PACE after the atoll is returned to the TTPI. Mr. Carpenter said there should not be any problems, but advised that if it were started prior to 1 January 1974, securing a use permit from the HICOM would not be much of a problem. CAPT Drake gave a synopsis of the current legal status of PACE, concluding that PACE legally cannot begin before October 1973. Consequently the trial in Federal Court in Honolulu, Originally scheduled for February 13, has been postponed. The purpose of this trial was to determine if PACE was in compliance with the NEPA, and the Government does not want to go to court until it is - and that is what cannot be completed before October. Mr. Carpenter then stated that existing facilities on Eniwetok will not have a change in status when the atoll is returned to the TTPI. Government interests will be retained as they are now. In addition the DOD could get exclusive rights, through a permanent occupancy agreement, for such