lewetak i 4 ERC 1928. Trust Te could be used as a nuclear test site. From that time until the voluntary nuclear test morato- constru ute—suc rium wentinto effect in 1958, more than thirty nuclear devices were detonated on the islets and reef ledge of the atoll including, in 1952, tes in whi 2 Trust 11 ¥ (Aleohe the world’s first explosion of a hydrogen bomb. Since their removal, the Enewetakese have repeatedly complained that Ujelang does not afford satisfactory living conditions, and itation P » (Commit vices of t in 71 Envy Congress » October : ; Federal » L. 92-5: 101, 512: , overridin 72), 15 I ‘ch and S b upp. | Disease } 'y (Intern. ‘nile Delin CG. $403. Control A Environn tober 18, | 1972); 42° C. § 3002 5.C. § 807 Programs U.S.C. $1 th Institut lity Conti p. 1972) { eal Prope: | Federall (Supp. 19 tutes in w ding the T tol of Sew ] " ad a i Bt p. 1972) | TSC. 4 ddicapped). ly Plannin cide Cont d Ae dities); 4 ister Rell pressed for permission to return to Enewetak. a 1; 42 U ning and 2) (Com: USC. § ‘or Noncal Complaint FF 9, 10. On April 18, 1972, Ambassador Franklin Williams,* on behalf of the United States, agreed to their return by the end of calendar 1973—following the completion of certain unspecified activities then under way on the atoll. It seems clear that these activities were and are the PACE project sought to be enjoined byplainuffs. Approximately Apni 24, 1972, the plaintiffs made an aerial survey of Enewetak, and on May 17, 1972, they were allowed to visit the atoll for the first time in twenty-five years. The events that followed are notentirelyclear, but it appears that plainuffs were given a copy of the April 18th DESsoon after their arrival. On the basis of this document and observa- tions made during the visit, disputes arose between plaintiffs and the Air Force and the Nu- clear Defense Agency which culminated in this suit. According to the April 18th DES, attached as Exhibit A to the complatnt, PACE is one part of a larger program designed to provide new data on the vulnerability of certain elements of our strategic defenses to nuclear at- tack. Its specific purposeis to test the “‘cratering” effect of nuclear blasts by simulating such blasts with high explosives. Testimony at the hearing on the Order to Show Cause indicated that these detonations will range upward in size to 500 tons of high explosives.” In addi- tion, large areas on the islands will be cleared of “overburden” (vegetation and_ topsoil) preparatoryto the detonations. The core drilling and seismic studies which Ipp. 1972) defendants wish to exempt from the operation of the preliminary injunction are procedures il and the nuclear craters located there. While 2949 (Sup ams); 22 | Travel) anctuaries Environn tober 17, 1 1972); 33 1 ind Contr ‘1972, Put Rptr. 594 (Supp. 19 | (Supp. there is on ig the Tru ate.” See z . Teacher § used to gather information concerning the makeupof the subsoil and strata of the atoll ‘Special Representative of the People of the United States to the Micronesian Political Status Talks. > Testimony at the hearing showed that PACEinvolves three integrated and concurrent test programs: (1) ‘Micro Atoll” consisting of fifteen 1,000 pound detonations of high explosives (twelve of which took place before the issuance of a temporary restraining order on September 22, 1972), three 5 ton detonations and four 20 ton detonations, (2) “Mine Throw IP’, a 220 ton detonation, and (3) “Coral Sands”, a 500 ton detonation. People ofEnewetak v. Laird this information has a generalvalueto the sci- entific community, testimony at the hearing on the Order to Show Cause indicated that its primary purpose is to further the PACE project. Indeed, it is a necessary base for plan- ning and evaluating other phases of the project. The core drilling involves digging holes of four to eight inches in diameter andten to one hundred feet in depth. Approximately two hundred such holes were drilled prior to the issuance of the Temporary Restraining Order on September 22, 1972. The holes provide geologic samples for examination, and additionally some are used in the seismic stuchtes. According to testimony at the hearing, the drill] holes do not cause significant environmental damage because they fill up and disappear in a relatively short time. The seismic studies are done in conjunction with the core drilling and involve the propagation of sound waves by the detonation of small charges of high explosives (none in excess of one fourth pound of TNT).° Phe charges are detonated in holes three feet deep and the velocity of the sound waves passing through the surrounding earth is measured byelectronic equipment suspended in nearby drill holes. From this information and that obtained by the core drilling a geologist can accurately predict the geologic makeup of the area tested. NEPA Is Applicable To The Trust Territory The question whether NEPAis applicable to federal action in the Trust Territory of the Pacific Islands (hereinafter ‘“Trust Territory”’) and therefore to Enewetak is one offirst impression for this court. Although the United States, pursuant to Article 3 of the Trustee- ship Agreement with the United Nations, has “full powers of administration, legislation, and jurisdiction” over the Trust Territory subject only to the uncertain limitations of the Trusteeship Agreement, federal legisiation 1s not automatically applicable to the Trust Territory.’ Instead. Congress must manifest an intention to include the Trust Territory within the coverage of a given statute before the courts will apply its provisions to claims arising there. Such an intention is usually in- dicated by defining the term “State” or “United States’? as used in the legislation to § According to affidavits submitted by the defend- ants, for seismic studies such as these. the sound waves are normally preduced by a hammerimpacting on a metal plate placed on the surface of the ground. However, testimony at the hearing indicated that the use of smali explosive charges is the usual practice on Enewetak. 7See Article 3 of the Trusteeship Agreement quoted in footnote 12 infra. de