Battle for amendments to RECA law continues

By Kathy Helms Gallup Independent Dine Bureau navajo !"allupindependent#com

$I%D&$ R&CK ' %orris %e() a traditional %avajo medicine man) lives in the area of Coalmine *esa +y the Hosteen %e( uranium mine at Gold ,prin"# -I used to haul truc.loads of uranium for processin" to $inslow) Gallup) ,hiproc. and Blandin"# /he only compensation my family "ot was some "roceries)0 he once testified# /he mine operated from 12 to 123) first as Hosteen %e( *inin" from 12 to 124) and 5nited E6ploration in 123# /otal production volume was 3 tons) accordin" to documents from the 5#,# Environmental 7rotection A"ency# %e( said he drove for the mines for at least two years# -He hauled uranium) he slept in the pits) he8s eaten in the pits for all those years# He feels ill)0 and now that it is .nown that many people who wor.ed for the uranium mines have +ecome ill) he feels that could +e to +lame) accordin" to 9arry Gordy of Cameron) who translated for %e(# -He said it8s li.e a medicine# It8s really stron" and he can feel it) +ut he hasn8t had a doctor completely evaluate him +ecause) throu"h their eyes) there8s no paperwor. that he8s ever wor.ed or +een around uranium#0

Contaminants still there

Because %e(8s wor. record is none6istent) even if he has a compensa+le illness under the federal Radiation E6posure Compensation Act ' which is desi"ned to compensate individuals who wor.ed in the uranium industry prior to Dec# : ) 1; ' he can8t "et compensation +ecause of the

missin" paper trail# <or 4= years) radioactive clouds drifted across the 5nited ,tates leavin" a trail of fallout from a+ove>"round atomic testin" at %evada /est ,ite# /he %avajo %ation was a hot spot for fallout on numerous occasions in the 12=s ' three times just in *arch 122 alone ' and %e( said contamination from the +lasts hasn8t "one away# -/hey put it in the atmosphere and we8re still +reathin" it# Also) thin"s flyin" in the air have contaminated the atmosphere# It has affected the +reathin" and the esopha"us and down into your lun"s# ,o there8s a lot of thin"s that we still have to cover and we need to hold ?prayer@ meetin"s for# /hose are some of the thin"s that people don8t tal. a+out)0 %e( said#

Three years & counting

A# Keith Killian of the Killian Davis Richter B *ayle law firm in Grand Aunction) Colo#) has spent years lo++yin" on +ehalf of the %avajo %ation for amendments to the Radiation E6posure Compensation Act# Killian and senior parale"al Aennifer *cCall were scheduled to present a RECA update last $ednesday to the %avajo %ation Council8s Health) Education and Human ,ervices Committee) however) their plane was "rounded due to en"ine trou+le so the presentation had to +e postponed# ,ince the RECA Amendments of 4= : were introduced in April +y ,en# /om 5dall and Rep# Ben Ray 9ujan Ar#) the +ill has +een referred to the Audiciary Committee in the ,enate) and three committees in the House) which then referred it to three su+committees# &n Auly C) it moved from the House Education and the $or.force Committee to the ,u+committee on $or.force 7rotections) where) on &ct# ) it "ained three cosponsorsD Reps# Carol ,hea>7orter) D>%#H#) Dina /itus) D>%ev#) and 7aul /on.o) D>%#E# In addition) Rep# ,tevan 7earce) R>%#*#) 4nd District) +ecame a cosponsor in *ay) followed +y Rep# *ichelle 9ujan Grisham) D>%#*#) st District) in Aune) and Ed 7erlmutter) D>Colo#) in Au"ust# -/he new le"islation was first introduced in 4= =) so it8s +een three years now# Each year) /om 5dall and Ben Ray 9ujan have introduced it) and each year there have +een all these constraints on the +ud"et# ,o this year is +etter than it was in 4= =) 8 and 8 4)0 Killian said# -$ill it passF $e don8t .now# /o +e honest with you) it has to do with whether we8re financially capa+le of doin" it and whether it8s politically accepta+le# <rom a political standpoint) it8s nice to have the <our Corners states +asically pitchin" in and sayin") 8Ees) this is a "ood idea for us#8 And from a political standpoint G it8s li.ely that as we mine uranium) that we8re "oin" to want to ta.e care of the ones that mined in the past in order to ma.e it accepta+le to do it in the future#0 Killian said they are continuin" to coordinate with ,imon Boyce at the %avajo %ation $ashin"ton &ffice and with the %ew *e6ico dele"ation# At some point) another trip to $ashin"ton could +e in order to try to "enerate movement in the su+committees# -/hat would +e) in my mind) the +est thin" to do)0 Killian said#

$here8s the lo"icF 5nder the proposed amendments) downwind states would +e e6panded to include all of Ari(ona) Colorado) Idaho) *ontana) %evada) %ew *e6ico) 5tah and $yomin"# /he /erritory of Guam would +e added for the 7acific /est ,ites# -&ne of the thin"s that8s very ironic to me is that the first nuclear test site ?/rinity@) we had all that radiation that was spread around %ew *e6ico and there8s never +een compensation for that# It seems that there ou"ht to +e that)0 he said# -/he thin" that is so sad to me) and of course Aennifer and I have seen this happen for 4= years) is that we .now there are people that suffered and are dyin" and have died as a result of radiation e6posure ' uranium miners) millers) ore haulers) core drillers and downwinders ' +ut we can8t "et them compensation0 +ecause proof can8t +e esta+lished under the current law# In the case of former wor.ers such as %e() the new law would e6pand the use of affidavits to su+stantiate their employment history as a miner) miller) core driller or ore transporter# <or downwinders) affidavits could +e used to esta+lish proof of residency) and in the case of on>site participants) affidavits could esta+lish proof of on>site presence when the +lasts occurred# *any of those who are now sic. +ut not eli"i+le for +enefits are post>8; uranium wor.ers# 5nder the new law) covera"e would e6tend from Dec# : ) 1; ) to Dec# : ) 11=# &thers who would +e helped are core drillers) Killian said) who currently are not eli"i+le# /he amendments also would include additional compensation for downwinders and e6pand the list of compensa+le diseases# -Ri"ht now) if you8re a miner or miller) you can "et H 2=)===I +ut if you8re a downwinder) of course) you can8t# /here are other thin"s ' li.e the renal cancers that are applica+le to millers and not miners# /here8s a historical reason for it +ut when you start e6aminin" it from a lo"ical standpoint) it doesn8t wor.)0 Killian said# -/he fact that core drillers are not included either) it8s just not lo"ical# It8s li.e the downwind countiesD $hy is one county included and the other is notF I "uess the ed"es of the law are where the pro+lems e6ist) and there are some harsh ed"es here#0