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F I S C A L I M P A C T R E P O R T

SPONSOR Pinto

ORIGINAL DATE

LAST UPDATED

01/24/07

HB

SHORT TITLE Radiation Exposure Victim Case Management

SB 306

ANALYST Weber

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$150.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to an appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Indian Affairs Department (IAD)

Department of Health (DOH)

SUMMARY

Synopsis of Bill

Senate Bill 306 appropriates $150 thousand from the general fund to the Indian Affairs Depart-

ment

to

provide case management services to victims of radiation exposure so that such victims may ap-

ply for benefits available under the federal Radiation Exposure Compensation Act.

FISCAL IMPLICATIONS

The appropriation of $150 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of Fiscal Year 2008 shall

revert to the general fund.

Senate Bill 306 – Page

2

SIGNIFICANT ISSUES

Indian Affairs Department contributes the following research.

This bill provides an appropriation that will assist New Mexicans in applying for benefits pursu-

ant to the federal Radiation Exposure Compensation Act (hereinafter “the Act"). The Act was

passed by Congress in 1990 to provide compensation to workers (or specified survivors) who

have contracted cancer or other maladies as a result of exposure to atmospheric nuclear testing or

high levels of radon while mining, milling, or transporting uranium. New Mexicans are eligible

to apply under the uranium criteria of the Act.

Uranium mining took place in New Mexico both before and after World War II to support the

countries’ Cold War defense efforts. Little effort was made to shield workers from the severe

danger inherent in radiation exposure. Mining activities took place throughout Indian country,

with more than 1,300 abandoned uranium mines on the Navajo Nation alone. The Office of Na-

vajo Uranium Workers has identified as many as 1,500 eligible tribal members in New Mexico

who have yet to apply for benefits. Many other New Mexico tribes are similarly impacted. For

example, the Jackpile Mine, one of the largest open pit uranium mines in the world, operated in

Laguna Pueblo.

Native Americans have experienced unique barriers in attempting to gain the benefits they are

due. The far-flung geographic nature and poor communication infrastructures characteristic of

tribal lands, combined with bureaucratic complexities, have created potential barriers for appli-

cants. Potential beneficiaries must complete forms and document their condition through medi-

cal examinations. For survivors attempting to claim benefits, the lack of documentation to estab-

lish a connection to the deceased, such as a marriage license, has also proven problematic.

Funding would be appropriated to the Indian Affairs Department to administer the program. For

FY 2007, the Office of Navajo Uranium Workers received $40,000 through a recurring special

project appropriation from the IAD budget for a similar project.

As of January 22, 2007, 16,974 claims have been approved under the Act nationwide and $1.14

billion has been awarded to claimants. 7,122 claims have been denied, about 30% of those re-

ceived.

MW/sb