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Response to questions submitted for the record

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JOINT OVERSIGHT HEARING ON "THE UNITED STATES NUCLEAR LEGACY IN THE MARSHALL ISLANDS: CONSIDERATION OF ISSUES RELATING ΤΟ THE CHANGED CIRCUMSTANCES PETITION."

Wednesday, May 25, 2005

U.S. House of Representatives
Committee on Resources, joint with the
Subcommittee on Asia and the Pacific of the
Committee on International Relations
Washington, D.C.

The Committees met jointly, pursuant to notice, at 2:00 p.m., in Room 1324, Longworth House Office Building, Hon. Richard W. Pombo [Chairman of the Committee on Resources] presiding.

Present from Committee on Resources: Representatives Pombo, Duncan, Gilchrest, Flake, Drake, Fortuno, Kildee, Faleomavaega, Abercrombie, Christensen, Tom Udall, Bordallo and Inslee.

Present from Subcommittee on Asia and the Pacific, Committee on International Relations: Representatives Leach, Rohrabacher, Faleomavaega and Watson.

STATEMENT OF THE HON. RICHARD W. POMBO, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA The CHAIRMAN. The Committee on Resources and House International Relations Committee are meeting today for an oversight hearing to hear testimony on issues relating to the United States nuclear legacy in the Republic of the Marshall Islands.

Under Rule 4(g) of the Committee Rules, any oral opening statements at hearings are limited to the Chairman and Ranking Minority Member of both committees. This will allow us to hear from our witnesses sooner and help Members keep to their schedules. Therefore, if other Members have statements, they can be included in the hearing record under unanimous consent.

First, on behalf of the full Committee, I would like to welcome Members from the Subcommittee on Asia and the Pacific who serve on the House International Relations Committee. Specifically, I would like to thank both Chairman Leach and Ranking Member Faleomavaega, who the Members of this committee also know well, for having an interest in holding a joint hearing. The work of these

two committees on issues that relate to the Republic of the Marshall Islands is both substantial and significant.

Most recently, the passage of the revised Compact of Free Association in the 108th Congress displayed a common bipartisan spirit on issues relating to the freely associated states. The Resources Committee alone has had over 30 hearings relating to the Compact of Free Association over the years, but never have we examined the specific issues that we will cover today. To that end, our witnesses today possess a strong background through their work in the Republic of the Marshall Islands (RMI) and those programs that affect Marshallese residents on a daily basis.

These Committees are meeting jointly today to examine the U.S. nuclear legacy in the RMI as it relates to revision within the original Compact of Free Association. This provision allowed the RMI to petition the Congress should they allege specific loss of persons or property that have been discovered since the passage of the original compact in 1986. In response to this petition, Congress was provided with a report received late last year that fully reviewed what is commonly called the Changed Circumstance Petition.

It is important to note that performing oversight on this issue is very complex, involving continued, complicated scientific debate, and I had the pleasure of meeting with Foreign Minister Zackios separately this week. Though I can appreciate the desire for taking a frank and thoughtful look at this issue of great importance to the RMI, interpretations of past actions and the application of existing science are many. Still, we must start down this path, and ask serious questions of past, present and future U.S. involvement. If we don't, we essentially refuse to confront an issue of primary importance that relates to the U.S. nuclear legacy in these islands.

We have been able to examine this issue in the months since the Administration submitted its review with the assistance of those who reviewed the petition, the continued input of the RMI Government, that of representatives of the outer atolls, as well as the active involvement of outside experts like the Congressional Research Service.

Today we have with us individuals from the RMI who have traveled a great distance to speak to the Changed Circumstances Petition and its role in the U.S. involvement in their islands. The hospitality they showed members of this committee, as well as Secretary Norton during the 108th Congress and our trip to the RMI will not be forgotten soon. In fact, even at the time we discussed this issue with local senators, and we welcome you all to Washington as well as the other witnesses who have spent an impressive amount of time reviewing the multi-layered subject of our hearing. I thank the witnesses for coming and I look forward to hearing their testimony.

I want to recognize Mr. Faleomavaega for an opening statement. [The prepared statement of Chairman Pombo follows:]

Statement of The Honorable Richard W. Pombo, Chairman,
Committee on Resources

Good afternoon.

First, on behalf of the full Committee, I would like to welcome Members from the subcommittee on Asia and the Pacific who serve on the House International Relations Committee. Specifically, I would like to thank both Chairman Leach and

Ranking Member Faleomavaega, who the Members of this Committee also know well, for having an interest in holding a joint hearing. The work of these two Committees in issues that relate to The Republic of the Marshall Islands is both substantial and significant. Most recently, the passage of the revised Compact of Free Association in the 108th Congress displayed a common bipartisan spirit on issues relating to the Freely Associated States.

The Resources Committee alone has had over 30 hearings relating to the Compact of Free Association over the years, but never have we examined the specific issues that we will cover today. To that end, our witnesses today possess a strong background through their work in the RMI and those programs that affect Marshallese residents on a daily basis.

These Committees are meeting jointly today to examine the U.S. nuclear legacy in the RMI as it relates to a provision within the original Compact of Free Association. This provision allowed the RMI to petition the Congress should they allege specific loss of persons or property that have been discovered since the passage of the original Compact in 1986. In response to this petition, Congress was provided with a report received late last year that fully reviewed what is commonly called the "Changed Circumstances Petition."

It is important to note that performing oversight on this issue is very complex, involving continued complicated scientific debate.

Having had the pleasure of meeting with Foreign Minister Zackios separately this week, though, I can appreciate the desire for taking a frank and thoughtful look at this issue of great importance to the RMI. Interpretations of past actions and the application of existing science are many. Still, we must start down this path to ask serious questions of past, present, and future U.S. involvement. If we don't, we essentially refuse to confront an issue of primary importance that relates to the U.S. nuclear legacy in these islands.

We have been able to examine this issue in the months since the Administration submitted its review with the assistance of those who reviewed the Petition, the continued input of the RMI Government, that of representatives of the outer atolls, as well as the active involvement of outside experts like the Congressional Research Service.

Today we have with us individuals from the RMI, who have traveled a great distance to speak to the Changed Circumstances Petition and its role in U.S. involvement in their islands. The hospitality they showed Members on this Committee as well as Secretary Norton during the 108th Congress and our trip to the RMI will not be soon forgotten. In fact, even at that time we discussed this issue with local Senators. We welcome you all to Washington as well as the other witnesses who have spent an impressive amount of time reviewing the multi-layered subject of our hearing.

I thank the witnesses for coming and look forward to their testimony.

F.H.

FALEOMAVAEGA, A FROM THE TERRITORY OF

STATEMENT OF THE HON. ENI
DELEGATE IN CONGRESS
AMERICAN SAMOA

Mr. FALEOMAVAEGA. Thank you, Mr. Chairman. I certainly want to thank you for calling this hearing this afternoon. Certainly I also want to thank our distinguished Member, Mr. Rahall, members of the full committee. I also would like to recognize also my colleague and dear friend, the Chairman of the House Subcommittee on International Relations on Asia and the Pacific, the gentleman from Iowa, Mr. Leach, and certainly thank Chairman Hyde and Chairman Lantos of the International Relations Committee for their support in calling this oversight hearing.

Mr. Chairman, for some time we have worked together to recognize the strength of our country's relationship with the Republic of the Marshall Islands, and to amend the Compact of Free Association to better provide for the needs of the people who continue to suffer the consequences of our nuclear testing program in the Pacific.

As the Ranking Member of the International Relations Subcommittee on Asia and the Pacific and as a Pacific islander, I feel

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