Navajo Nation Enforces Bold New Law to Safeguard Tribal Sovereignty in Radioactive Material Transport

In the wake of uranium ore being transported across the Navajo Nation with minimal notice in July, tribal leaders swiftly sought solutions to safeguard their people and environment. Their response is the introduction of new tribal legislation aimed at enhancing legal protections.

The legislation’s primary objective is to ensure the health and safety of the Navajo people, their visitors, and the surrounding natural resources, particularly water. This initiative comes as a direct response to concerns surrounding the transportation of hazardous materials.

In a special session held in late August, the Navajo Nation Council unanimously approved emergency amendments to the Radioactive and Related Substances, Equipment, Vehicles, Persons and Materials Transportation Act of 2012. These amendments significantly bolster the Navajo Nation’s authority to regulate the transport of uranium and other radioactive materials on its lands.

Stephen Etsitty, Executive Director of the Navajo Nation Environmental Protection Agency, highlighted that the most critical alteration mandates advance notification from any company intending to transport radioactive materials across the Navajo Nation. This change seeks to prevent prior oversights where companies bypassed necessary safety arrangements.

Under the revised law, any entity looking to transport uranium ore or related materials must secure an agreement with the Navajo Nation. This agreement must outline specific transportation routes, emergency plans, financial assurances, and other relevant parameters.

A key modification allows companies to notify the Navajo Nation seven days prior to transportation, a shift from the previous four-day requirement. Etsitty noted that while this might seem minor, it is crucial for safety oversight.

These amendments follow an incident where Energy Fuels Resources, Inc. transported uranium ore without prior notification or arrangements, raising alarm among tribal leaders. The uranium ore was moved from the Pinyon Plain Mine to a mill in Utah, traversing multiple tribal communities.

To further establish regulatory measures, interim regulations have been put in place to guide future negotiations with companies involved in uranium transport, ensuring comprehensive development through a rulemaking process over the next year.

According to Etsitty, prior to the January resurgence of uranium mining near the Navajo Nation, the existing law lacked transport regulations due to the absence of active mines. “This legislation provides our Nation with the necessary framework to safeguard our land and community,” he asserted.

Navajo Nation President Buu Nygren, who signed the amendments into law on August 29, emphasized the importance of collaboration with corporations to enhance safety standards. He confirmed that the tribe has capable legal counsel prepared to negotiate effective solutions.

Ongoing negotiations between the Navajo Nation and Energy Fuels Resources aim to establish safe transportation guidelines for uranium ore across tribal lands. As of September 19, talks remain in progress, with both parties working to reach a satisfactory agreement on safety measures.

The actions of EFRI prompted calls from various tribal members and environmental advocates for respect towards tribal sovereignty, particularly as the Navajo Nation has banned transportation of radioactive materials for over a decade.

Understanding tribal sovereignty is essential. It grants tribal nations the authority to govern and protect their citizens within their territory, a right enshrined in the Treaty of 1868 between the Navajo Nation and the United States.

The need for effective governance was exemplified when the Navajo Nation Council was established in 1923, following discoveries of natural resources in the area. This council now serves as the tribe’s legislative body, managing natural resource extraction.

Decades of uranium mining have left a lasting negative impact on the Navajo Nation, with significant health and environmental consequences. From 1944 to 1986, nearly 30 million tons of uranium ore were mined, endangering nearby communities.

During the emergency session, delegates voiced concerns over renewed uranium mining interest, emphasizing the urgency of transportation regulations. Delegate Casey Allen Johnson, who sponsored the legislation, expressed a personal connection to the issue, mourning family losses attributed to uranium exposure.

Through these amendments, the Navajo Nation has taken a critical step in reinforcing its regulatory power over the transport of dangerous materials, emphasizing the community’s health and safety as a paramount concern.

As Delegate Danny Simpson noted, “This legislation was a necessary step to ensure that our sovereignty is respected and that our people are protected from the potential dangers of uranium transport.”