Navajo Nation Enacts Groundbreaking Law to Safeguard Tribal Sovereignty in Radioactive Material Transport

In July, an unexpected shipment of uranium ore traversed the Navajo Nation, prompting tribal leaders to seek solutions for safeguarding their community. The decision was made to bolster existing tribal law.

The newly proposed legislation emphasizes the protection of the Navajo people and their environment. “The purpose of this legislation is to provide for the protection, health, and safety of the Navajo people, their guests and visitors, and the Navajo Nation environment,” the legislative text states.

Stephen Etsitty, Executive Director of the Navajo Nation Environmental Protection Agency, highlighted a crucial amendment: companies transporting radioactive materials must now notify the Navajo Nation in advance.

As part of the new law, entities wishing to transport uranium ore or similar products across Navajo lands must enter into an agreement with the Navajo Nation. This agreement will outline conditions for transport, including routes, emergency protocols, and containment requirements.

A notable change includes extending the notification period from four to seven days prior to transport, aiming to enhance communication between the Navajo Nation and transporting companies.

Etsitty pointed out that the urgency of these amendments was underscored by recent transportation activities related to the Pinyon Plain Mine, which began moving uranium ore to a processing facility in Utah.

The routes for this transportation traverse several tribal territories, including those of the Navajo, Hopi, Havasupai, and Ute Mountain Ute tribes.

In order to address immediate concerns, amendments include interim regulations that will last for a year, during which a more comprehensive rulemaking process will be conducted.

The historical context adds weight to this legislation. Previous mining practices from 1944 to 1986 left a legacy of health concerns, precipitating a need for stringent regulations on uranium transport.

Navajo Nation President Buu Nygren formalized these amendments to the Radioactive and Related Substances Transportation Act on August 29, emphasizing respect for tribal sovereignty in interactions with corporations.

Negotiations between the Navajo Nation and Energy Fuels Resources, Inc. (EFRI) are ongoing, as parties strive to establish safe transport practices. EFRI’s activities have rekindled calls for honoring tribal sovereignty, especially since the Navajo Nation previously prohibited radioactive material transportation.

The National Congress of American Indians defines tribal sovereignty as the ability of a tribe to govern and protect the welfare of its citizens within its territory. Historical treaties, such as the Treaty of 1868, affirm this sovereignty and the federal government’s responsibility to the tribe.

Navajo Council Delegate Casey Allen Johnson, who sponsored the legislation, shared a personal connection to the issue, citing his family’s battle with cancer linked to uranium exposure. “This legislation is my tears and arrows,” he remarked, emphasizing its emotional significance.

Fellow Delegate Danny Simpson, a cosponsor, reinforced the necessity of the legislation, stating that it was crucial for ensuring the safety of the Navajo people and upholding tribal sovereignty. “The events of July 30th were a clear violation of our laws,” he asserted.

This legislation marks a pivotal step toward empowering the Navajo Nation in managing the transport of hazardous materials through its lands, ensuring the health and safety of its people.