New Mexican downwinders could be compensated for radiation exposure via bill in Congress

New Mexicans impacted by the first nuclear weapons test in American history could see relief payments from the federal government, after a bill was introduced by the state’s members of the U.S. House and Senate.

The legislation would expand a program to assist those suffering with medical problems believed tied to their exposure, chiefly from the Trinity Test Site in south-central New Mexico where the first atomic weapon was tested in 1945.

U.S. Sen. Ben Ray Lujan and U.S. Rep. Teresa Leger Fernandez led legislation to amend the Radiation Exposure Compensation Act (RECA) to include New Mexico’s communities affected by the test. Those who allege long-term complications due to exposure are known as downwinders.

More: Air system at nuclear waste repository near Carlsbad makes progress as site nears capacity

As it presently stands, the RECA provides lump sum relief payments and medical coverage for former uranium miners in New Mexico and only for communities downwind of the Nevada Test Site where nuclear tests started in 1951.

The bill would identify New Mexicans near the Trinity Site as downwinders and increase payments to $150,000.

Last year, lawmakers were successful in extending the program by two years, to avoid its sunset in July 2022, giving them more time to expand the available money to New Mexicans from communities around the Trinity Site.

More: Nuclear waste terms agreed on by New Mexico and feds for WIPP facility near Carlsbad

Lujan said Trinity downwinders were unduly exposed to heavy doses of radiation after the test, leading to generations of cancers and other health problems.

He said the legislation sought “justice” for these communities.

“Last year’s victory to extend RECA showed the bipartisan support behind this effort. Now it’s time to build on that momentum and continue our movement for justice and compensation for New Mexico’s downwinders and uranium workers,” Lujan said in a statement.

“Through no fault of their own, these workers and nearby communities were exposed to radiation as part of our national defense effort, impacting generations to come without providing the same relief available to other communities included under RECA.”

More: New Mexico leaders fear nuclear waste could endanger oil and gas in the Permian Basin

Under the RECA program, lump sum payments of $100,000 are made to uranium mine workers in New Mexico, Texas, Arizona, Colorado, Utah, Wyoming, Idaho, Oregon, Washington and both Dakotas.

Downwind counties, under the program are only identified in Arizona, Nevada and Utah and can receive $50,000 payments.

Onsite participants of nuclear test sites receive $75,000 payments.

More: Nuclear waste drum stranded at Carlsbad-area repository to be sent back to South Carolina

To be considered a “downwinder” a claimant must establish a physical presence in a downwinder area between January 1951 and October 1958 or between June 30, 1962, and July 31, 1962.

They must also prove a diagnosis of a disease tied to exposure.

These include leukemia, and cancers of several organs.

More: Air shaft 90% done at Carlsbad-area nuke waste facility amid concerns for site's expansion

Leger Fernandez said it was unfair that other downwinder communities were compensated by the federal government, but New Mexicans were ignored.

She said the bill would also extend RECA beyond its present July 2024 sunset date.

“Imagine having radioactive waste fall down like dirty snow on your homes and communities causing cancer and disease. Then think about the despair when you learn that the U.S. government compensated other communities exposed to radiation during the nuclear testing program but not yours,” Leger Fernandez said.

“We must pass this bill and get people the compensation they deserve.”

More: What we know about the federal government's ongoing nuclear waste plans in New Mexico

Cosponsor U.S. Rep. James Moyan (R-Guam) said all Americans affected by radiation exposure from federal activity should be compensated, and he urged Congress to pass the bill to do so.

“Ensuring that those who have been affected by radiation exposure are properly compensated is of the utmost importance, and I look forward to working with my colleagues to pass this legislation and help ease the pains of those who have been exposed to toxic levels of radiation,” Moyan said.

Tina Cordova, founder of the Tularosa Basin Downwinders Consortium, a group of New Mexicans from communities near the Trinity Site, said her people will not receive justice until Congress amends RECA.

She said the language in the recent bills was similar to others introduced by Lujan and Leger Fernandez in 2021, but this time she worried they had less support from Republicans needed for the legislation to advance.

In addition to New Mexico, Cordova argued most of the states that would expand RECA's reparations are conservative, calling for GOP leaders in those states to support the bill.

"I hope that we'll get Republican support that we need. That's the hold up," Cordova said. "We're talking about mostly red states. No one should ever say it's too expensive. That is not an acceptable answer."

She said it was difficult to quantify the exact cost, both financially and emotional that generations of health problems have on downwinders, but that the payments would provide a small measure of solace for those suffering the effects of nuclear weapons development.

"It doesn't matter how much they give you, it will never bring a family member back or make up for lost time," Cordova said. "We will never accept that this is too expensive. We're hopeful. We're going to continue to push Congress. Everyone should view this as a nonpartisan issue. It's the right thing to do."

New Mexico took a disproportionate role in nuclear proliferation throughout history, Cordova said, with uranium mining in the northern part of the state, the Trinity Site and nuclear waste disposal occurring at the Waste Isolation Pilot Plant near Carlsbad and the URENCO Enrichment Facility near Eunice.

"We as a state have done more than our part," she said. "We've been asked to do much more than we should, and no one comes to look at the effects. It's incredibly egregious. Everyone in New Mexico should stand up and say 'Pass the RECA amendments.'"

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.

This article originally appeared on Carlsbad Current-Argus: New Mexican downwinders could be compensated for radiation exposure