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CO Vi NGTON & BURLING Theodore R. Mitchell, Esquire llicronesian Leqal Services Corporation Saipan , Mariana Islands 96950 Please forgive the delay in responding to your letter of December 21, 1978. When I received your letter in early January, I knew that I would not be coming out to Saipan for the status talks; hence, this less than prompt reply. As far as the people of Bikini are concerned, I agree that (1) the United States now has and shoulcl retain direct and exclusive responsibility and liability for radiation-related injuries, losses, problems, and long-term needs of the people of Enetewak, Rongelap, Utirik, and Bikini; and (2) it would not be acceptable for the United States to impose such responsibility upon the future government of the Marshall Islands. The only questions we face are which agencies of the U]~ited States government should be responsible and with which institutions we should negotiate in reaching our desired ends. There appear to be at least five long-term qoals the people of Bikini wish to pursue: (1) future ex gratia payments; (2) compensation for the taking and/or destruc-– tion of land on Bikini Atoll (dependj.ng on the results of the recent Northern Marshall survey) ; (3) resettlement of the Bikini people; (4) future medical benefits resulting from possible exposure to radiation on Bikini from 1970– 1978; and (5) periodic radiological survey of 13ikini Atoll, As I see it, the above five goals can be pursued through Congressional legislation or through participation in the filicronesian political status negotiations. On the
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COVING TON & BURLING ‘- Theodore R. Mitchell, Esquire Congressional side, the people of Bikini have numerous friends in Congress who have proved helpful in the past and who, I expect, will continue to view sympathetically their needs and requests in the future. As for the ne– gotiating group, Ambassador Rosenbl.att has offered to provide for the future needs of the 13ikinians in the draft Compact of Free Association. My own reading of bhe current situation leads me to conclude that the interests of the people of Bikini can best be served by pursuing the above goals through Congressional legislation, and I made these views known to the Office of Micronesia Status Negotiations before the recent Saipan round of negotiations. If your thinking differs from mine on this matter, I would like to know as soon as possible, because I do feel that a uni– fied approach would make some sense, although the people of the four different atolls do have clearly different interests and needs. Similarly, if you feel that Con– gressional legislation is the best route to follow, I agree that we should meet to determine whether it will be possible to coordinate our efforts. I have no current plans to be in the Trust Territory in the next few months, but your December 21 letter indicates that you expect to be in Washington in late February. Assuming that you are still planning to be here at that time, 1 WOUld hope that we could meet to discuss tl]ese matters. I look forward to hearing from you soon.