Page:United States Statutes at Large Volume 104 Part 1.djvu/957

 PUBLIC LAW 101-426—OCT. 15, 1990 104 STAT. 923 (2) the term "working level" means the concentration of the short half-life daughters of radon that will release (1.3x10^ million electron volts of alpha energy per liter of air; (3) the term "nonmalignant respiratory disease" means fibrosis of the lung, pulmonary fibrosis, and corpulmonale related to fibrosis of the lung; and iH the claimant, whether Indian or non- Indian, worked in an uranium mine located on or within an Indian Reservation, the term shall also include moderate or severe silicosis or pneumoconiosis; and (4) the term "Indian tribe" means any Indian tribe, band, nation, pueblo, or other organized group or community, that is recogniz(Bd as eligible for special programs and services provided by the United States to Indian trib^ because of their status as Indians. SEC. 6. DETERMINATION AND PAYMENT OF CLAIMS. 42 USC 2210 (a) ESTABLISHMENT OF FiuNG PROCEDURES. —The Attorney General shall establish procedures whereby individuals may submit claims for pa3mients under this Act. Ob) DETERMINATION OF CLAIMS. — (1) IN GENERAL.— The Attorney General shall, in accordance with this subsection, determine whether each claim filed under this Act meets the requirements of this Act. (2) CONSULTATION. — The Attorney General shall— ' (A) in consultation with the Surgeon General, establish guidelines for determining what constitutes written medical documentation that an individual contracted a specified disease under section 4 or other disease specified in section 5; and (B) in consultation with the Director of the National Institute for Occupational Safety and Health, establish guidelines for determining what constitutes documentation that an individual was exposed to the working level months of radiation under section 5. The Attorney General may consult with the Surgeon General with respect to making determinations pursuant to the guidelines issued under subparagraph (A), and with the Director of the National Institute for Occupational Safety and Health with respect to making determinations pursuant to the guidelines issued under subparagraph (B). (c) PAYMENT OF CLAIMS. — (1) IN GENERAL. —The Attorney General shall pay, from ' amounts available in the Fund, claims filed under this Act • which the Attorney General determines meet the requirements of this Act. (2) OFFSET FOR CERTAIN PAYMENTS.— A payment to an individual, or to a survivor of that individual, under this section on a claim under section 4 or 5 shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker's<.compensation), against any person, that is based on injuries incurred by that individual on account of— (A) exposure to radiation, from open air nuclear testing, in the affected area (as defined in section 4(b)(l)) at any time during any period specified in section 4(a), or (B) exposure to radiation in a uranium mine at any time Uranium. during the period described in section 5(a). hf aith^**^ ^^^

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