As the subject Public Law affects Native Americans, I thought it
would be of interest for the Nativenet conference. I have tried to
summarize it below to the best of my understanding.
The U.S. Congress has seen fit to recognize that "the lives and
health of URANIUM MINERS and of INNOCENT INDIVIDUALS WHO LIVED DOWNWIND
FROM THE NEVADA TESTS were involuntarily subjected to increased risk of
injury and disease TO SERVE THE NATIONAL SECURITY INTERESTS of the
United States."
As PARTIAL RESTITUTION (Note: there is no intent to make FULL
restitution) for this a time-limited trust fund is to be established
(Radiation Exposure Compensation Trust Fund). This fund is to terminate
once the authorized monies ($100,000,000) plus accrued interest have
been expended OR 22 years after the enactment of the Act, whichever
comes first. Claims must be filed within 20 years of the Act. I DON'T
HAVE INFORMATION ON WHETHER FEDERAL REGULATIONS CONCERNING THIS HAVE
BEEN DRAFTED, PROPOSED, FINALIZED... OR WHAT.
The Section (4) dealing with CLAIMS RELATING TO OPEN AIR NUCLEAR
TESTING provides that
1) Claims Relating to Childhood Leukemia - The person
affected must have been physically present in the affected
area* for a period of AT LEAST ONE YEAR between 1/21/51 -
10/31/58 OR between 6/30/62 - 7/31/62 provided that
a. initial exposure was before age 21
AND b. disease was contracted between 2 and 30 years after
first exposure
OR
2) Claims Relating to Specified Diseases - leukemia,
multiple myeloma, lymphomas (other than Hodgkin's
disease); primary cancer of the thyroid, female breast,
esophagus, stomach, pharynx, small intestine, pancreas,
bile ducts, gall bladder, or liver WITH VARIOUS
CONDITIONS RE AGE, ALCOHOL CONSUMPTION, SMOKING, COFFEE
CONSUMPTION ...
THEN
3) Amount to be awarded: $50,000
* Affected areas:
Utah - Counties of Washington, Iron, Kane, Garfield, Sevier,
Beaver, Millard and Piute
Nevada - Counties of White Pine, Nye, Lander, Lincoln,
Eureka, and that portion of Clark County that
consists of townships 13 - 16 at ranges 63 - 71
Arizona - north of the Grand Canyon and west of the Colorado
River
The Section (5) dealing with CLAIMS RELATING TO URANIUM MINING
provides that
1) an individual who developed lung cancer or a nonmalignant
respiratory disease* may be eligible for benefits if
a. they were employed in a uranium mine located in
Colorado, New Mexico, Arizona, Wyoming or Utah
between 1/1/47 and 12/31/71
b. there are varying requirements concerning length of
exposure and onset of the disease depending on
whether the person was a SMOKER or NON-SMOKER.
THEN
2) Amount to be awarded: $100,000
* Nonmalignant respiratory disease: fibrosis of the lung, pulmonary
fibrosis, and corpulmonale related to fibrosis of the lung; and if the
claimant, WHETHER INDIAN OR NON-INDIAN, worked in an uranium mine
LOCATED ON OR WITHIN AN INDIAN RESERVATION, the term shall include
moderate or severe silicosis or pneumoconiosis. I HAVE NO IDEA WHY THE
DISTINCTION WAS MADE HERE BETWEEN INDIAN AND NON-INDIAN.
Payments may be made to the individual affected or a survivor of
that person. Acceptance of this payment will be in FULL SATISFACTION OF
ALL CLAIMS OF OR ON BEHALF OF THAT INDIVIDUAL AGAINST THE UNITED
STATES. Monies awarded under this act are to be treated as DAMAGES FOR
HUMAN SUFFERING by the I.R.S. and are to be excluded as both INCOME and
RESOURCES for purposes of other Federal benefits received under such
programs as Social Security, AFDC, FS, WIC, etc.
For more information, the Public Law (or the resulting
regulations) should be consulted.
No mention is made of the government assuming any responsibility
for medical costs, disability, etc. ACCRUED INTEREST ASIDE, the
<munificent> amount of money granted for this purpose, would mean that
only between 1,000 and 2,000 people could file claims. Also, one has to
wonder why the impact on the lives of those exposed to radiation
through nuclear testing is worth only half as much as the impact on the
lives of uranium miners.