Notes on June 13, 1979 Eeting with Bikini-Council Delagation at Office of Territorial Affairs

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Notes on June 13, 1979 Meeting Office of Territorial Affairs. Participants: Under Secretary Dep. Dir. Gee. Milner, John E. (Covington and Burling), Legal Tomaki Juda, Mr. Henchi Bales, with Bikini-Council Delegation at James A. Joseph, Director Ruth Van Cleve, Counsel for people of Bikini, Magistrate Member of Nitiiela (represents people of Ready (Ginsburg Feldman & Bress Law Firm). Dr. Bruce Wachholz and Mr. Tommy McGraw represented the Department of Energy. Under Secretary James A. Joseph opened the meeting and greeted the members of the Bikini delegation whom he had met when he visited Kili and Bikini islands last August. The Under Secretary could not stay for the meeting due to other commitments and Director Ruth Van Cleve served as co-ordinator. The major items discussed during the three hour meeting 1. Representation by a law firm other than Covington and 3urling with respect to items dealing with political status negotiations as they relate to the people of Bikini. Ginsburg Feldman & Bress law firm. He explained that since Covington & Burling also represented the Marshall Islands political Status Commission, the firm believed that a different law firm should represent the people of Bikini with respect to items directly related to political status. The firm of Ginsburg Feldman & Bress had the proposal under consideration and this was why Mr. Weitz and Ms. Ready were in attendance. He (Mr. Weisgall), though, was continuing as Legal Representative for the people of Bikini with respect to non-political status negotiation matters. 2. Need for more direct contact with representatives of the people of Mr. Weisgall noted that it is essential that there be more direct contact with the people of Bikini regarding the resettlement program and their future. Director Van Cleve agreed and stated that she believed that High Commissioner Adrian P. Winkel had been making a special effort to meet as often as he could with the people of Bikini and their representatives. Mr. Weisgall and members of the Bikini delegation agreed that while this was so, there were still gaps in communication. Some of these might be due to the fact that there was diffidence on part of the Kili-Bikini Council to broach certain matters direct to the High Commissioner, i.e., on some things they might feel more at ease with an’ official intermediary than with the “top man” in the TTPI. There appeared also to ha~ been some “misses” in getting information to the Biki~i-Kili Council or other representatives of the people of Bikini. Examples were cited:

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The lack of any Bikini representative at the March 22, 1979, House Interior Subcommittee on Appropriations Hearing. Mr. Henchi Bales, now Member of Parliament representing the people of Kili-Bikini, learned of the recent inspection visit of High Commissioner Winkel and the Bikini delegation to Hawaii ‘ only by accident when he was in Honolulu enroute to Washington and New York City with the Marshalls Political Status Delegation. Mr. Weisgall also was not aware of the inspection trip to Hawaii. Had he known of the impending visit, he could have arranged the U.Ii. Trusteeship portion of the Bikini schedule in such a manner as to make it possible for him and Mr. Henchi Ralos to be in Hawaii at the same time the High Commissioner was Ehere. There would have been considerable value in participating in the inspection trip and also talking to High Commissioner Mr. Waltz (Advisor to the Bikini Council) noted that there was no advance notice on the recent I!whole body counting” examination of former residents of Bikini who now are on Kili. A field trip ship simply appeared to take the people to Jaluit. Also, the ship used did not have safety measures, i.e., women and children were taken across the reef in bad weather without life jackets, The people were taken without advance notice to Jaluit for the examinations and were provided only $10.00 for their expenses, which was not sufficient. Also, the Kili-Bikini Council never is furnished any copies of reports by the Department of Energy, copies of hearings on Bikini, etc. Wachholz, Co-ordinator for Marshalls Radiological matters, DOE, stated that his Department was very much disturbed at the lack of coordination of the recent exercise. at Kili and assured the Bikini representatives that future arrangements would be handled differently. He explained that much of the confusion resulted because there had been unexpected last minute changes. Unexpected problems had arisen with respect to the D.O.lZ. logistic vessel on which the “whole body counting” was to have been done. That vessel could not be used and a TTPI field trip ship at the last moment was substituted. It was then found that the “whole body equipment” could not be connected to the electrical system of the ship and the whole body counter had to be taken to Jaluit where there is alternating current. ‘his was the reason why the people who were to be examined had to be taken to Jaluit. 3. Misunderstanding with respect to the Northern Marshalls Radiological He also noted that the Northern Marshalls radiological survey report presented at the March 22, 1979, Appropriations Subcommittee Hearing

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was very preliminary in nature and for that reason had not been widely circulated. The maps of the 13 Atolls presented at that hearing also showed only external radiation by means of letters. These maps, without any explanatory text, appear to have led to considerable misunderstanding in the Marshalls. The external radiation results for the Northern Marshalls should be available in July and would include additional maps for each of the atolls surveyed. After considerable discussion, Mr. Weisgall requested 5 additional sets of the maps currently available. He believed that Bikini-Kili Council should have them since they were used at the March 22 hearing. He also requested a map of the United States showing the same type of “letter” designation as is used on the Marshalls map, This, he believed, would put the Marshalls data in a better perspective. DOE officials stated that such a map could be prepared but it would take some time to do so, Nonetheless, they would try to meet this request as soon as they could. 4. Need for translation of certain documents and /or reports into Mr. Weisgall noted that in the agreement signed by the U.S. Government and the Legal Advisor of the people of Bikini in relation to the dropping of the law suit in the Hawaii Court, there was agreement that certain documents would be translated into Marshallese. He also pointed out that whereas the Department of Energy had prepared certain background briefing information on radiation hazards in Marshallese for the people of Enewetak, this has not been done for the Bikinians. He also, particularly, believed that if Bikini Island and Eneu Island definitely are to be off limits to the people of Bikini, a statement to this effect must be translated into the Marshallese language. His points were noted and will be taken under consideration. 5. Need for prompt notice on any Congressional Hearings It was agreed that whenever OTA has word of any forthcoming Congressional Hearing that might involve Bikini matters, Mr. Weisgall would be informed immediately as well as the High Commissioner. . 6. Query as to whether the Department of Energy’s Report of May 15, 1979, on Eneu Island was a final recommendation. Dr. Wachholz in response to this question pointed out that the May 15, 1979 report for Eneu Island had the food chain aspect factored into it as well as other radiation factors. While t;ere might be a few minor rhanges, the basic recommendation was not expected to change. Mrs. Van Cleve stated that the Department of the Interior had made its decision with respect to eliminating Eneu Island as a possible resettlement site on the basis of the May 15 report.

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The Progress Report on Bikini Resettlement that the Department was presenting to Congress on July 1, 1979, would use the May 15 report as the official report. 7. Possible Cleanup and rehabilitation of Bikini and Eneu Island—. removal of considerable quantities of soil might either make Eneu island habitable in the immediate future or possibly lessen the time span Eneu must be placed off limits to the people of Bikini. He asked that this request be included in the Department of Interior’s report of July 1, 1979, to the U.S. Congress. . Mrs. Van Cleve stated that a definitive answer could not be given at this point of time but that certainly DOI would respond to this question. In any event, she proposed to include Mr. Weisgall’s letter of June 12, 1979, to Under Secretary Joseph as one of the attachments to the July 1, Progress Report to Congress. A long discussion then ensued on this question. Dr. Wachholz and Mr. McGraw of DOE explained the difference between the “plutonium cleanup” of Enewetak and the situation at Bikini. It was noted also that the elements at Bikini, i.e. , the sub-transuranics, migrate throughout the soil so that simply removing layers of top soil may not necessarily change the situation. It was indicated that DOE could undertake a study of soil profiles, but it must be kept in mind that other priorities would make it impossible to do much on this request in the next several Mr. Weisgall asked that any future study of this nature focus primarily on “Eneu Island” since this island was a “near miss” with respect to use for resettlement. It was agreed that DOE would respond formally to the various questions listed on page 6 of Mr. Weisgall’s letter of June 12, 1979, to Under Secretary Joseph with respect to possible additional cleanup of Bikini Atoll. DOE was requested to spell out the questions certain of his requests posed, for example, the differences between Bikini and Enewetak be described and con~rasted, and it be pointed out what would be involved if a massive soil removal project were contemplated, i.e., the cost, where would new soil come from, would it be useable for tropical crops, what would be done with the contaminated soil removed. A complete explanation, Mr. Weisgall believed, would place this overall question in a better perspective for the people of Bikini. 8. Independent Review and Assessment of the results and conclusions of the Northern Marshalls Radiological Survey, specifically as they apply to the safety of Bikini and Eneu Islands. Mr. Weisgall discussed the need for an independent review and assessment and noted that in a recent GAO report on Enewetak Cleanup, that DOE had stated it was not against an independent assessment of radiation criteria

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Dr. Wachholz stated that while he could not give an immediate reply as official DOE policy, he doubted that DOE would have any objection to an independent assessment as suggested by Mr. Weisgall. The only caveat, and one with which DOI concurred, is that if such an independent assessment group is set up, there should be a mechanism agreed to whereby any “assessor” would be mutually acceptable on both sides, i.e., to the Government of the United States and to the people Mr. Weisgall also raised the possibility of having non-U.S. participation on an independent assessment panel, ~articularly Japanese radiation scientists. He pointed out that as a result of past experience, the people of Bikini had little faith in U.S. scientists. Mrs. Van Cleve stated that DOI, for its part, would respond to the general question of an independent assessment panel in a letter. She felt that this was not an unreasonable request and that hopefully it could be responded to affirmatively. Many details, cost, who would bear cost, makeup of panel, etc., needed to be worked out. 9. Whole Body Counting Reports Mr. Waltz, on behalf of the Bikinians who had to be removed from Bikini Island , asked whether these Bikinians could be told the results of their “whole body examinations.” They are examined but never told the results and this worries them. Discussion on this aspect was held and it was agreed that DOI would write to DOE on this matter to see what arrangements could be made. It was pointed out that outside of possible medical privacy rights of individuals something should be possible to let the people know the results of these regular monitoring examinations. Results are made public now, but individuals are, of course, not identified in any such reports which are of a general nature. 10. Questions as to whether some of the 145 residents of Bikini whe were relocated last August may have had higher “body counts” as a result of being involved in the 1954 Bravo Fallout. Mr. Weisgall stated that it is now held that perhaps up to 40 of the 145 people living on Bikini Island may also have been residing on Rongelap Atoll at the time of the March 1, 1954, Bravo Fallout. If this were the case, could the high body levels discovered in April 1978 by the medical monitoring program be partly the result of the 1954 exposure and not completely due to living on Bikini Island? Mr. McGraw of DOE explained that the half life of strontium 90 in a person’s body is some 180 days. Any levels in a person’s body dating from 1954 would long since have been reduced to levels of non-significance. What was picked up in the April 1978 medical monitoring was the reaction to levels from Bikini Island.

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Mr. Weisgall indicated that while the Bikinians still wanted an independe:-[t review of Bikini-Eneu to be made, assuming the results would bear out the present recommendations, obviously alternative plans for resettlement must be seriously pursued. There is a fear, though, on the part Bikinians that if they resettle satisfactorily someplace, no one future would arrange for them to go back to Bikini. A return in future to Bikini when that is possible is the bottom line of the of the people. A discussion of possible resettlement sites took place and the discussion in the main followed the sequence set forth in the June 12, 1979 letter to Under Secretary Joseph. Accordingly, this aspect will not be elaborated here except to note: This atoll was rejected in 1953 as being too small and unsuitable. Mr. Weisgall now is of the opinion that if a small atoll in the Marshalls is uninhabited it is because it cannot sustain a permanent ~ people of Bikini have real concern that resettlement on Jaluit Atoll would result in serious social problems for them. While Ailinglaplap Atoll has some uninhabited land, it is believed that only a few Bikini families would elect to go to this atoll. This island in Kwajalein Atoll is inhabited, and a move here would create additional problems in the Kwajalein Atoll. It is not considered a real option. name had surfaced as a possibility earlier. It is inhabited but has some uninhabited land. It was explained by the Bikinians that “Mili” is regarded by them as “not good for the people of Bikini” which appears to be tied in with cultural and mythical beliefs of “evil spirits” …