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Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In September 2000, the Republic of the Marshall Islands (RMI) government submitted to the United States Congress a Changed Circumstances Petition related to U.S. nuclear testing on the Marshall Islands atolls of Bikini and Enewetak during the 1940s and 1950s. The Petition requests additional compensation for personal injuries and property damages and restoration costs, medical care programs, health services infrastructure and training, and radiological monitoring. According to U.S. government estimates, between 1958 and 2004, the United States spent $531 million on nuclear test compensation and assistance in the Marshall Islands. The Petition bases its claims for compensation upon "changed circumstances" pursuant to Section 177 of the Compact of Free Association. The Compact of Free Association, enacted in 1986, governs the economic and strategic relationships between the United States and the RMI. The Section 177 Agreement granted $150 million as part of a "full and final settlement" of legal claims against the U.S. government, and provided for possible additional compensation, if loss or damages to persons or property arose or were discovered that could not reasonably have been identified as of the effective date of the agreement, and if such injuries rendered the provisions of the Compact "manifestly inadequate." The Petition argues that "new and additional" information since the enactment of the Compact -- such as a wider extent of radioactive fallout than previously known or disclosed and more recent radiation protection standards -- constitute "changed circumstances." In November 2004, the U.S. Department of State released a report prepared by an interagency group (Departments of State, Energy, and Defense) evaluating the legal and scientific basis of the Petition. The report concludes that "the Marshall Islands' request does not qualify as `changed circumstances' within the meaning of Article IX of the nuclear claims settlement agreement enacted under Title II, Section 177 of the Compact of Free Association Act of 1986." Consequently, according to the Administration, there is no legal basis for considering additional payments. The Administration report also disputes some of the Petition's claims regarding the geographical extent of radioactive fallout, radiation dose estimates, and the applicability of U.S. standards to conditions in the RMI. This report summarizes U.S. nuclear testing on the Marshall Islands, U.S. compensation efforts to date, relevant provisions in the Compact of Free Association, and the Changed Circumstances Petition. It analyzes several issues related to the personal injury, health care, and property damages claims in the Petition. These issues include estimated occurrence of radiation-related illnesses in the Marshall Islands; the methodology for determining the value of "lost use" of damaged properties; the appropriate standard of risk (annual dose limit) for determining cleanup levels; and the extent of radioactive fallout. This report, which will be updated, discusses possible legal options for the RMI in pursuing nuclear test damages claims and identifies policy options for the 109th Congress.
Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In September 2000, the Republic of the Marshall Islands (RMI) government submitted to the United States Congress a Changed Circumstances Petition related to U.S. nuclear testing on the Marshall Islands atolls of Bikini and Enewetak during the 1940s and 1950s. The Petition requests additional compensation for personal injuries and property damages and restoration costs, medical care programs, health services infrastructure and training, and radiological monitoring. According to U.S. government estimates, between 1958 and 2004, the United States spent $531 million on nuclear test compensation and assistance in the Marshall Islands. The Petition bases its claims for compensation upon "changed circumstances" pursuant to Section 177 of the Compact of Free Association. The Compact of Free Association, enacted in 1986, governs the economic and strategic relationships between the United States and the RMI. The Section 177 Agreement granted $150 million as part of a "full and final settlement" of legal claims against the U.S. government, and provided for possible additional compensation, if loss or damages to persons or property arose or were discovered that could not reasonably have been identified as of the effective date of the agreement, and if such injuries rendered the provisions of the Compact "manifestly inadequate." The Petition argues that "new and additional" information since the enactment of the Compact -- such as a wider extent of radioactive fallout than previously known or disclosed and more recent radiation protection standards -- constitute "changed circumstances." In November 2004, the U.S. Department of State released a report prepared by an interagency group (Departments of State, Energy, and Defense) evaluating the legal and scientific basis of the Petition. The report concludes that "the Marshall Islands' request does not qualify as `changed circumstances' within the meaning of Article IX of the nuclear claims settlement agreement enacted under Title II, Section 177 of the Compact of Free Association Act of 1986." Consequently, according to the Administration, there is no legal basis for considering additional payments. The Administration report also disputes some of the Petition's claims regarding the geographical extent of radioactive fallout, radiation dose estimates, and the applicability of U.S. standards to conditions in the RMI. This report summarizes U.S. nuclear testing on the Marshall Islands, U.S. compensation efforts to date, relevant provisions in the Compact of Free Association, and the Changed Circumstances Petition. It analyzes several issues related to the personal injury, health care, and property damages claims in the Petition. These issues include estimated occurrence of radiation-related illnesses in the Marshall Islands; the methodology for determining the value of "lost use" of damaged properties; the appropriate standard of risk (annual dose limit) for determining cleanup levels; and the extent of radioactive fallout. This report, which will be updated, discusses possible legal options for the RMI in pursuing nuclear test damages claims and identifies policy options for the 109th Congress.
Author: United States. Congress. Senate. Committee on Energy and Natural Resources Publisher: Amicus ISBN: Category : History Languages : en Pages : 122
Book Description
Bears, discusses the life of bears and profiles different types of bears provided by case studies examining individual species, along with facts and records on bears. Additionally, this title features a table of contents, glossary, index, color photographs, labeled photographs, and recommended websites for further exploration.
Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Key oversight committees in the 109th Congress have held joint hearings on the Republic of the Marshall Islands (RMI) Changed Circumstances Petition, which requests $522 million in additional compensation for loss-of-use of Enewetak and Bikini atolls due to U.S. nuclear testing. The $522 million appears to be significantly overstated because the methodology -- sample rent data, assumptions, and statistical procedures (i.e., the sampling technique and the use of the exponential regression model) -- overestimates the per-acre rental rate for land on Enewetak and Bikini, the key variable in the loss-of-use calculation. Rents on Enewetak and Bikini are overestimated because an exponential regression model was applied to rents established not in a competitive, free market for agricultural land on Enewetak and Bikini, but rather to government-established, and predominantly commercial, rents on the more urbanized and densely populated, Majuro and Kwajalein atolls. Most land in the RMI is leased at "the official government rate" established by the RMI cabinet. This rate, which was set by the RMI at $2,500/acre on January 1, 1979 and increased to $3,000/acre on October 1, 1989, serves as the benchmark for all lease transactions. The RMI government is not only the tenant in over 40% of the leases -- a major source of the demand for RMI land -- but RMI government officials were also effectively the landlords during the estimation period when rents were government-controlled. Applying this methodology to unrepresentative sample rent data leads to projected rent/acre of $112,995/acre for the year 2027, which is equivalent to land asset value of nearly $1,774,024/acre. The Nuclear Claims Tribunal's (NCT) methodology also assumes that vaporized islands were not vaporized, undervalues the rentals on alternative atoll habitation, and assumes that 100% of the rental proceeds would have been saved. The NCT's estimated average rent/acre -- e.g., $4,105/acre in 1996 -- also appears overstated when compared to average agricultural rents in the United States for similar periods: $17.50/acre in Montana, $115/acre in Oregon, $210/acre in California, $88/acre in New Mexico (1995 figures), and $66.50/acre for the United States generally (1998 figures). Using an alternative economic methodology, and applying it to RMI's national income and product accounts data, the Congressional Research Service (CRS) has developed alternative estimates of agricultural land rents for Enewetak and Bikini for the period 1982-1990, which are more consistent with the underlying real rental value of the two atolls (and the RMI economy), as well as with agricultural rents observed in the United States and in regions in the Pacific. CRS estimated rent/acre at $115/acre for the year1982 rising to $258/acre for 1990, as compared with the NCT's estimates of $1,902 for 1982 rising to $2,939 for 1990. Based on these rental rates, CRS estimates gross loss-of-use rentals for 1982-1990 (before adjustments and interest) of $6.4 million, about 10% of the $64 million estimated by the NCT. According to the NCT, the amount of loss-of-use compensation already paid by the United States over this period is $36 million. This report will not be updated.
Author: United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Asia, the Pacific, and the Global Environment Publisher: ISBN: Category : Electronic government information Languages : en Pages : 168
Author: Publisher: ISBN: Category : Languages : en Pages : 43
Book Description
Key oversight committees in the 109th Congress have held joint hearings on the Republic of the Marshall Islands (RMI) Changed Circumstances Petition, which requests $522 million in additional compensation for loss-of-use of Enewetak and Bikini atolls due to U.S. nuclear testing. The $522 million appears to be significantly overstated because the methodology - sample rent data, assumptions, and statistical procedures (i.e., the sampling technique and the use of the exponential regression model) overestimates the per-acre rental rate for land on Enewetak and Bikini, the key variable in the loss-of-use calculation. Rents on Enewetak and Bikini are overestimated because an exponential regression model was applied to rents established not in a competitive, free market for agricultural land on Enewetak and Bikini, but rather to government-established, and predominantly commercial, rents on the more urbanized and densely populated, Majuro and Kwajalein atolls. Most land in the RMI is leased at the official government rate established by the RMI cabinet. This rate, which was set by the RMI at $2,500/acre on January 1, 1979 and increased to $3,000/acre on October 1, 1989, serves as the benchmark for all lease transactions. The RMI government is not only the tenant in over 40% of the leases - a major source of the demand for RMI land but RMI government officials were also effectively the landlords during the estimation period when rents were government-controlled. Applying this methodology to unrepresentative sample rent data leads to projected rent/acre of $112,995/acre for the year 2027, which is equivalent to land asset value of nearly $1,774,024/acre. The Nuclear Claims Tribunal's (NCT) methodology also assumes that vaporized islands were not vaporized, undervalues the rentals on alternative atoll habitation, and assumes that 100% of the rental proceeds would have been saved.
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Author: United States. Congress. House. Committee on Resources
Author: Marshall Islands
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Author: United States. Congress. Senate. Committee on Energy and Natural Resources
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Author: United States. Congress. House. Committee on Resources
Author: United States. Congress. Senate. Committee on Energy and Natural Resources
Author: United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Asia, the Pacific, and the Global Environment
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