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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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ATOMIC ENERGY COMMISSION Office of Territorial Affair~ Department of Interior This is in response to your letter to Dr. Marks of March 27, 1974. The following addresses the ~uggestions by the Special Joint Committee Concerning Ron,gelap and Utirilc Atolls of the Con~re9s of Micronesia were discussed in Senator Llorja’s letter of February 14, 1974, addressed to the Deputy High Commissioner. The numbers below refer t-o 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 COMllISSION” 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 projeccs 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 pr,ogram will be extended annually if it is The maximum expenditure stipulated in the agreement is subject annual review and adjustmen~ in the light of experience. This 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 PAYI.lENTSHEREUNDER SHALL NCT IN THE AGGREGATE AT ANY TIME EXCEED THIS AMOUNT” refers only to the time period of the contract. It does not preclude changing the maximum payable amount in extending the Agreement at the end of any contract year as discugsed in 3. and 5.
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The descendants are a poorly defined group at this time and cannot be included in hr. Conard’s roster for his study, Since this program of reimbursement of expenditures incurred under / P.L. 5-52 must in some mnner be related to Dr. Conard’s scientific study to justify AEC funding, reimbursement cannot be prov+ded for persons not included in Dr. Conard’s roster such as the offspring of exposed andlor control persons. Furthermore, the addition of descendants to h. Conard’s roster might in the future so overburden the program that both Dr. Conard’s medical surveys and the reimbursement provided in this Agreement would be placed in jeopardy. The words “UNRELATED TO IRRADIATION” are accepted. Since this oddition may pose practical problems in implementation of the law, the special Joint Committee of the Congress mEy wish to reconsider its inclusion. However, AEC is prepared to accept the additional words if that is the wish of the Committee. Submission of a report of activities conducted under a contract at a specified interval prior. to renewal is customary in AEC contraccs. The AEC cannot assume liability for the original irradiation of the inhabitants of the Marshall 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 negligence of the Commission, its contractors or employees.” We interpret this statement to mean that the Trus~ Territory does not hold harmless the Co~ission, its contractors and employees if liability, injury, loss or damage shall have resulted from the fault or negligence of the Commission, its contractors or employees. A revised draft incorporating theabove changes is enclosed. On June 12, 1974, a meeting was held in Washington between Senator Kendall, Representative Sigrah and }Ir. Farley of the Congress of i?licronesia, Mr. Brown of the Department of the Interior and Drs. 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 Bign the Agreement at the earliest possible date. Agreement and Appendix Divifiion of Biomedical and