Document text
Machine-read from the scan, so expect some errors. Lines that couldn’t be read are left out.
Page 1
WRITER'S DIRECT DIAL NUMBER Division of Operational Department of Energy A s you requested,Iam enclosing a copy of the Memorandum Agreement I signed on October27, 1978 on behalf of the Bikini people.Iwill be in touch with you shortly regarding an expert to review the results of the Northern Marshall s radiological survey.
Page 2
I N THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII THE PEOPLE OF BIKINI,) The parties to the above - entitled action, recogniz ing the interest of the Bikini people in their resettlement, agree as follows : I.Coor < i nation, Planning and Management of the Bikini Resettlement Project 1. Maximum practicable participation by the Bikini people in the Bikini resettlement project,including both its planning and execution phases,is necessary and 2.Operational supervision of the projects hall be the responsibility of the High Commissioner of the Trust Territory of the Dac if ic Islands or his appointee, and there shall be a2ro j ect manager who will reside in the Nar shall Islands during the life of the project. 3 . The Bikini Council shall be consulted with respect to the appointment of the project manager, and the project manager shall hzve an obligation to inform and consult with the Bikini Council at all times with respect to 4 . The project manager shall hold a meeting with the Bikini people at their principal place of residence
Page 3
(presently Kill Island) no less frequently than once each six months to report on the status of the Fro j ect. 5 . Funds shall be specifically budgeted for the expense of participation in project planning an2 execution by representatives of the Bikini people and such funds shall specifically include funds for transportation and lodging expense for representatives of the Bikini people to fac ili - tate the rnaxirnum practicable part ici2ation by the Sik in i people inthe planning and execution of the project. relating to radiation exposure, shall be translated.or summarized i n the Marshallese language to the maximum feasible extent and the project manager shall be responsible for causing such translations or summaries t o be made and delivered to the Bikini people. 7.No final disposition of any rights of any kind relative to Bikini Atoll,Kili Island or certain lands of the Bikini people on J alu it Atolls hall be made without the consent of those who have rights in Bilcini Atoll under Marshallese custom and tradition and applicable Trust Territory of the Pacific Islands law, and no additional land or land rights for resettlement of the Bikini people shall be obtained without the concurrence 02those who have rights in Bikini Atoll in accordance with Marshallese custom and tradition and applicable Trust Territory of the Pacific effective technology, including aerial radiation surveying, shall be coq let ed no later than December 31,1978,with respect to Bikini Atoll in connection with the radiation survey of the Northern Marshalls including,in addition to
Page 4
Bikini Atoll, Ujelang Atoll, Wotho Atoll, Rongelap Atoll, Li ki epA to li, .ziilinginae Atoll, Rongerik Atoll, Taka Atoll, 9 . Raw (readable har2 copy) data results of such surveying shall be made immediately available to legal counsel and advisers of the Bikini people. 111. Independent Analysis of Survey Data 10.In recognition of the desire of the Bikini people t o have available to them an independent scientific judgment and analysis of the radiation survey data to assist them i n making a decision with respect to resettlement, the Bikini people shall be entitled to select a qualified scientist having generally accepted scientific training and experience to participate in the process of analysis of survey results and preparation of the final survey report. 11. The United States Department o f Energy, 2s the agency i n charge of the radiation survey,shall arrange to contract with the individuals elected by the Bikini people for the purposes set forth in the preceding paragraph, provided only that terns of any such contract with respect to compensation and expenses s h a l l be reasonably based on prev ailing consultation fees aiid expenses for work of similar 12. The in divi6u al selected by the Bikini people to participate in the analysis of survey data and preparation of the final survey report and full access to all survey data available to the Department of Enerqy and shall have a full opportunity to make a complete and detailed report of his or her findings,analyses, recommendations and conclusions. shall be guaranteed independence
Page 5
IV. General Provisions 13.It is the intention of the parties to this agreement that the terms of the agreenent shall survive any change in the political status of the Yar shall Islands, subject to the wishes of the Bikini people. 14. The execution of this document i n no way constitutes an admission that the Trust Territory of the Pacific Islands defendants have submitted to the juris - diction of the United States District Court for the District The People of Bikini by Attorney for Plaintiffs (Department of the Interior on behalf of the Government of the Trust Territories of the Pacific Islands) Attorney f o r Feaeral Defendants