Navajo Nation adopts changes to tribal law regulating the transportation of uranium across its land
The Navajo Nation has approved emergency legislation aimed at strengthening a tribal law regulating the transport of radioactive materials on the largest Native American reservation in the U.S.
The move is a response to the revival of a uranium mining activity just south of the Grand Canyon, which has drawn heavy criticism from environmentalists and Native American tribes in the region.
Navajo President Buu Nygren signed the legislation Thursday as tribal officials and Energy Fuels Inc. continue to negotiate an agreement that addresses concerns about potential risks to the public or the environment.
The updated law calls for more advance notice of plans to ship uranium ore from the Pinyon Plain Mine in northern Arizona to a plant in Utah. Paying transportation costs and filing contingency plans are also among the mandates.
In 2005, the tribe banned uranium mining on the vast reservation, citing the painful effects of contamination, disease and death left by the extraction of nearly 30 million tons of ore during World War II and the Cold War.
Despite that ban, tribal lawmakers stopped short of prohibiting the movement of uranium across Navajo lands in 2012. Instead, they stated that the tribe generally opposed the movement of ore across tribal lands and adopted regulations to protect human health and the environment by requiring reporting and financial assurances, among other requirements.
Navajo leaders said it was time to strengthen the law and require Energy Fuels to be notified of deliveries sooner as the company ramps up its operations.
Nygren said there was no notification under current law when Energy Fuels shipped the first two loads of ore in July and that his efforts to have tribal police intercept the trucks came too late.
“The purpose of this legislation is to provide for the protection, health and safety of the Navajo Nation and its people and our precious resources, such as our water,” he wrote in a letter thanking lawmakers for prioritizing the issue.
Navajo Attorney General Ethel Branch said ongoing discussions with the company are aimed at ensuring that any transportation of the ore is done responsibly. She also cited the legacy of uranium mining in the region, saying that many sites still require remediation work.
“That is partly why the (Navajo) Nation had to respond so forcefully here, to fight back and ensure that our community is no longer disproportionately burdened with radiation and uranium-based waste and contamination,” she said in a statement.
Energy Fuels said Thursday it is optimistic about reaching an agreement with the Navajo Nation that will clear the way for supplies to resume. The company also said the discussions have been consistent with the provisions of the amended tribal law.
“Ultimately, we want Navajo leadership and Navajo citizens to be comfortable with modern uranium ore transportation and understand that it poses no risk to human health or the environment,” said Curtis Moore, a company spokesman. “And we are prepared to go above and beyond applicable federal and state laws to make that happen.”
The Navajo Act does refer to U.S. regulations governing the transportation of radioactive materials. Those regulations generally require more precautions when dealing with enriched uranium, spent nuclear fuel or highly radioactive waste. The mining company has argued that uranium ore falls into a different category.
The trucks that transport ore are equipped with thick, waterproof plastic covers that close tightly, so that no dust can escape and no rain can get in.
Under Navajo law, trucks may be inspected and transportation along the designated route is prohibited during tribal markets.
If a company ignores the rules, the Navajo Nation Environmental Protection Agency can issue a compliance order, along with fines. The Navajo Attorney General can also seek a temporary restraining order or injunction through a tribal court if the law is violated.