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Cancellation of the Divine Strake Test HA-17-5-06

 

Dear Anthony J. Principi:

1. To cancel the Divine Strake Test, once and for all, Anthony J. Principi, Chairman of the BRAC Commission is sought to exercise his authority under 41USC(2)§101 to give notice of the termination of the $23 million est. war contract for the test consistent with the national security interest of the United States to protect the health and culture of its citizens by prosecuting this fraud before it becomes another act of God.  When the funds to research the development of nuclear bunker busters and robust nuclear earth penetrators (RNEPS) were not appropriated, it was believed this would be the end to further development of nuclear weapons by the United States. The Department of Defense (DoD) itself announced in late October 2005 that the Robust Nuclear Earth Penetrating (RNEP) weapon project was being dropped in favor of a more conventional methodology.  However this Spring, DoD confirmed U.S. plans to detonate a 700 ton ammonium nitrate and fuel oil explosion set off by C-4 explosives at the Nevada Test Site on 2 June 2006 in a test called "Divine Strake” whose explosive power will be equivalent detonating 593 tons of TNT, 85 miles northwest of Las Vegas, that will be nearly 50 times bigger than the largest conventional weapon, leaving a crater 196 feet across and throwing up a plume of dust that is expected to reach 10,000 feet, larger than the 430-ton yield produced by the Danny Boy nuclear bomb that was set off in a basalt crater at the test site in 1962.  This gigantic experimental blast will use 280 times the amount of ANFO that demolished Oklahoma City's Murrah Federal Building in 1995, that killed 168 people and damaging or destroying more than 300 buildings.  A lawsuit filed by the Western Shoshone Indian Tribe and others over concerns that the explosion would continue the degradation to the public health caused by nuclear tests pushed the date of the test back to 23 June. 

2. At the 67th session of the UN Human Rights Committee on the Elimination of All Forms of Racial Discrimination on 19 August 2005, the requests submitted by the Western Shoshone National Council, and by the Western people of the Timbisha Shoshone Tribe, Winnemucca Indian Colony and Yomba Shoshone Tribe for the resolution of claims regarding the gradual encroachment upon lands presented by reinvigorated federal efforts to open a nationwide nuclear waste repository and other means on Western Shoshone land in abrogation of the 1863 Treaty of Ruby Valley for which the 2004 Western Shoshone Claims Distribution Act, is neither fair or adequate.  At its 68th session in Geneva, 20 Feb. - 10 Mar.2006 the Committee for the Elimination of Racial Discrimination issued Early Warning & Urgent Action Procedure Decision 1 (68).  The location of this test would be on Western Shoshone land, and would be in direct violation of a recent decision by the United Nations Committee on the Elimination of Racial Discrimination (CERD). In its decision, made public March 10, 2006, the CERD Committee urged the United States at paragraph 10 to adopt the following measures until a final decision or settlement is reached on the status, use and occupation of Western Shoshone ancestral lands in accordance with due process of law to:

a) Freeze any plan to privatize Western Shoshone ancestral lands for transfer to multinational extractive industries and energy developers;

b) Desist from all activities planned and/or conducted on the ancestral lands of Western Shoshone or in relation to their natural resources, which are being carried out without consultation with and despite protests of the Western Shoshone peoples;

c) Stop imposing grazing fees, trespass and collection notices, horse and livestock impoundments, restrictions on hunting, fishing and gathering, as well as arrests, and rescind all notices already made to that end, inflicted on Western Shoshone people while using their ancestral lands.

3. It is left to Us to interpret this law for the Committee on the Elimination of all forms of Racial Discrimination (CERD) who shall hear reports on the actions of the US until 15 July 2006.  We have no legal alternative to protecting the State of Nevada from a threatened strike as it clearly infringes upon the environment and right to health and cultural rights of the Western Shoshone and Nevadan people in general, which may be infringed upon by activities threatening their environment and/or disregarding the spiritual and cultural significance they give to their ancestral lands.  The United States must defend itself against criminal responsibility by canceling the Divine Strake. Las Vegas, NV and St. George, UT are among the fastest growing cities in the country.  Hundreds of thousands more people live there now than when underground nuclear testing ended in the 90s.  There is reason to be concerned about the immediate and harmful effects of exposure to ammonium nitrate particles on those downwind as a plume of hazardous and radioactive dirt and debris will shoot 10,000 feet into the air and float over these two cities and points further east and north be good for them.  Hundreds of nuclear tests were conducted about eight miles west of the proposed blast site between 1950 and 1992. Thousands of people now suffering from various cancers say their health problems stem from radiation released by those nuclear tests. The federal government's Radiation Compensation Exposure Act provides a one-time settlement from $50,000 to $100,000 to down-winders who qualify under the program's guidelines.  

4. The National Nuclear Security Administration (NNSA) is hosting the test, known as “Divine Strake”, for a Defense Department agency.  The NNSA was established by Congress in 2000 as a semi-autonomous agency within the U.S. Department of Energy responsible for enhancing national security through the military application of nuclear science. NNSA maintains and enhances the safety, security, reliability and performance of the U.S. nuclear weapons stockpile without nuclear testing; works to reduce global danger from weapons of mass destruction; provides the U.S. Navy with safe and effective nuclear propulsion; and responds to nuclear and radiological emergencies in the U.S. and abroad. Since construction of the 1,100-foot-long tunnel was completed in 1999, the agency has conducted 45 tests, including live munitions dropped by Air Force warplanes. That is in addition to small-scale laboratory experiments for the project and a pair of medium-scale explosions at the Mitchell limestone quarry, about 35 miles south of Bloomington, Ind. Those tests in 2004 and 2005 were powered by 3,000 pounds of nitro methane.  NNSA announced on 28 March 2006 the selection of National Security Technologies, LLC (NSTec) to manage and operate the Nevada Test Site (NTS) for the NNSA Nevada Site Office. The contract, valued at approximately $500 million annually, is for five years. There are potentially five additional performance-based award-term years available under this contract.  NSTec is made up of Northrop Grumman, AECOM, CH2M Hill, and Nuclear Fuel Services. Under this contract, NSTec will be responsible for managing and operating the NTS and satellite facilities in North Las Vegas, Nevada; Nellis Air Force Base, Nevada; Andrews Air Force Base, Washington, D.C.; Los Alamos, New Mexico; Livermore, California; and Santa Barbara, California.  The work includes remote field experiments and operations; physical and environmental science; design and fabrication of electronic, mechanical, and structural systems; remote and robotic sensing; management of multi-laboratory facilities; engineering, construction, and mining operations; chemical, explosives, and hazardous materials systems and technologies; and waste management for various categories of waste.  The NTS is located approximately 65-miles northwest of Las Vegas, Nevada. The 1,375 square mile site supports NNSA's national security missions, first responder training, and environmental restoration and waste management activities.  NNSA however makes no easily discernable report of the controversial test(s) on their website that brings the annual $500 million of the program into jeopardy.

5. Sen. Orrin Hatch has joined a group of Congress members voicing concerns about "Divine Strake," a massive explosion planned this summer at the Nevada Test Site that critics say could have nuclear implications. Hatch sent a letter Friday to the Defense Threat Reduction Agency, seeking assurances that the test would not disperse any radioactive material left over from past nuclear weapons tests at the Nevada site. "The more I look into this, the more upset I become," Hatch said in a statement. "The good people who live downwind from this test site have already been through enough, and I've given them my word that I'll never allow any nuclear testing that could harm them again. I have directed my staff to check into this very closely, and if I'm not satisfied that this will be safe, I'm going to do everything I can to put a stop to it."  The agency has originally said that its environmental assessment determined there was no radioactive material at the site however environmental assessment first listed the blast site as being 2.5 miles from any prior radioactive testing, but in another location listed it as being 1.5 miles. Then in response to an inquiry, the actual location was determined to be 1.1 miles from prior testing. The Nevada Test Site, previously known as the Nevada Proving Ground, was the United States main nuclear weapons testing site between 1951 and 1959. Some arms-race experts believe that, even after the United States and the Soviet Union signed the Limited Test Ban Treaty of 1963, the United States conducted underground tests for many more years. Scientists have linked increased cases of cancer and leukaemia in areas surrounding the test site to exposure to radiation from the nuclear testing. The proposed blast is an even more striking case of fraud because of recent US government actions regarding nuclear science both in signing a treaty to bolster Indias nuclear capabilities, and US efforts to thwart the nuclear ambitions of Iran and North Korea.

6. Weary of the environmental degradation of these tests and wary of a larger explosion Utah Gov. Jon Huntsman spoke out against the testing, and repeated his opposition to the blast on Thursday through his spokesman, Mike Mower. "We feel that testing shouldn't take place when we are downwind," said Mower. "Utahans have suffered generations of adverse effects due to prior testing in Nevada." The Winnemucca Indian Colony and a group of down winders - people who have contracted cancer believed to be caused by their exposure to fallout from Cold War nuclear tests - have sued to stop the Divine Strake test and succeeded in having it postponed until after June 23 from its originally scheduled June 2 date. Nevada environmental officials continue to say they might not allow a massive non-nuclear explosion planned at the Nevada Test Site because the federal government has failed to provide complete information about the possible fallout. “A number of questions have been raised regarding radiological contamination that could be injected into the atmosphere from the test”, state Air Pollution Control Bureau Chief Michael Elges wrote in a letter to Kathleen Carlson, manager of the National Nuclear Security Administration's Nevada Site Office.

7. Raymond Yowell, Chief of the Western Shoshone National Council stated, "We're opposed to any further military testing on Shoshone lands. This is a direct violation of the CERD finding and an affront to our religious belief - Mother Earth is sacred and should not be harmed. All people who are opposed to these actions by the U.S. should step forward and make their opposition known."  The International Decade for a Culture of Peace and Non-Violence for the Children of the World, 2001-2010 of 1 December 2005 recalls that the Constitution of the United Nations Educational, Scientific and Cultural Organization, states that, “since wars begin in the minds of men, it is in the minds of men that the defenses of peace must be constructed”.  Anthony J. Principi, as Chairman of the BRAC Commission and counsel to the Armed Services Committees, whose military judgment has previously been sound, is therefore sought to prosecute this fraud by requiring the immediate cancellation of “Divine Strake”.

8. Whereas hundreds of nuclear tests were conducted about eight miles west of the proposed blast site between 1950 and 1992 and thousands of people now suffer from various cancers reported by the victims to have been caused by radiation released by those nuclear tests whose residue is very likely to be disturbed by this blast with possibly dire consequences to the public health of a people who have clearly stated their wish to prohibit this and other fraudulent scientific military experiments detrimental to their health the contract for Divine Strake must be immediately terminated.  To do the USA justice before the Committee on the Elimination of All Forms of Racial Discrimination on 15 July 2006 the Divine Strake war contract must be immediately terminated before Memorial Day, 29 May 2006, so that we can claim victory against the threat of death in our speeches. 

9. At this time is would be fair to appropriate the entire $23 million cost of the cancelled Divine Strake program for administration to the political campaign of Anthony J. Principi for Secretary of Defense, Hospitals & Asylums, the UN Human Rights Committee on the Elimination of All Forms of Racial Disrimination (CERD), Shoshone and Nevadan people politically organized under 26USCI(F)(VI)§527 for bravely defending Us from harming them, paving the way for further proceedings under 41USC(2)§101 regarding whether the National Security Technologies, LLC (NSTec) merits the $500 million annually from the NNSA, after this treason.

 

Anthony J. Sanders