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Machine-read from the scan, so expect some errors. Lines that couldn’t be read are left out.
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Office of Territorial Affairs Department of Interior This is in response to your letter to Dr. Marks of March 27, 1974. The following addresses the suggestions by the Special Joint Committee Concerning Rongelap and lJtiril<Atolls of the Congress of Micronesia for modification of the draft interagency agreement. The suggestions were discussed in Senator Borja’s letter of February 14, 1974, addressed to the Deputy High Commissioner. The numbers below refer to the items in the Senator’s letter. 1. The words “AND UTIRIK” appear to apply to the cabled summary but not to the draft agreement. 2. The phrase “BETWEEN THE TRUST TERRITORY.OF THE PACIFIC ISLANDS AND THE U.S. ATOMIC ENERGY COMMISSIOFT” is included in the draft agreement but was omitted from the summary. 3. and 5. Relative to the extension of the agreement for a ten year period, it is the practice of AEC to fund projects of this type for one year periods. Therefore, we are unable to comply with the request for a ten year agreement. However, there is every reason to believe that the program will be extended annually if it is The maximum expenditure stipulated in the agreement is subject to annual review and adjustment in the light of experience. This is understood in all AEC contracts and does not need to be stated 4. Addition Of the phrase “OR THEIR SUCCESSORS” is accepted. 6. The clause “AND PAYMENTS HERLWNDER SHALL NOT IN THE AGGREGATE AT ANY TIME EXCEED TIIIS AMOUNT” refers only to the time period of the contract. It does not preclude changing the maximum payable amount in extending tl)e Agreement at the end of any contract year as discussed in 3. and 5.
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The descendants are a poorly defined group at this time and cannot be included in Dr. Conard’s roster for his study. Since this program of reimbursement of expenditures incurred under P.L. 5-52 must in some manner be related to Dr. Conard’s scientific study to justify AEC funding, reimbursement cannot be provided for persons not included in Dr. Conard’s roster such as the offspring of exposed and/or control persons. Furthermore , the addition of descendants to DT. Conard’s roster might in the future so overburden the program that both Dr. Conardrs medical surveys and the reimbursement provided in this Agreement would be placed in jeopardy. The words “UNRELATED TO IRRADIATION” are accepted. Since this addition may pose practical problems in implementation of the law, the special Joint Committee of the Congress may wish to reconsider its inclusion. However, AEC is prepared to accept the additional words if that is the wish of the Committee. Addition of 11$9.00” is accepted. Submission of a report of activities conducted under a contract at a specified interval prior to renewal is customary in AEC contracts. The AEC cannot assume liability for the original irradiation of the inhabitants of the P1arshall Islands since the U.S. Government did not acknowledge liability in P.L. 88-485. Accordingly, the indemnification clause is appropriate and is required for an agreement of Item 5 in the Agreement provides that “this indemnification provision shall not apply to the extent that such liability, injury, loss or damage shall have resulted from the fault or ne~ligence of the Commission, its contractors or employees.” We interpret this statement to mean that the Trust Territory does not hold harmless the Commission, its contractors and employees if liability, injury, loss or damge shall have resulted from the fault or negligence of the Commission, its contractors or employees. A revised draft incorporating the above changes is enclosed. On June 12, 1974, a meeting was held in Washington between Senator Kendall, Representati\,e Sigrah and Mr. Farley of the Congress of Micronesia, Mr. Brown of the Department of the Interior ancl DIS. Burr, Marks and Stuart and Mr. Greenleigh of AEC. The meeting was most rewarding in arriving at a mutual understanding relative to the enclosed draft.
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If the draft is acceptable to the Trust Territory and the appropriate committee of the Congress of Micronesia, we will seek to finalize and sign the Agreement at the earliest possible date. James L. Liverman, Director Division of Biomedical and Agreement and Appendix