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| "Who negotiated these terms?" asked Shiprock Council Delegate Eugenia Charles-Newton. |
Navajo Council Committee clearly frustrated during probe of Navajo President's secret 'backroom' deal allowing uranium waste transport
"I don't think they're going to give us the answers. They're just passing the buck." -- Councilman George Tolth.
By Brenda Norrell, Censored News, Updated Feb. 17, 2025
WINDOW ROCK, Navajo Nation -- A Navajo Nation Council committee questioned who was responsible for an agreement with Energy Fuels that allows radioactive uranium trucks to travel through the Navajo Nation, pointing out that the Navajo Nation Council was never consulted and never approved the agreement with Energy Fuels.
After going around in circles, and avoiding answering the questions, finally Navajo attorneys said those responsible for negotiating the agreement were Ethel Branch, former Navajo Attorney General, Acting Attorney General Heather Claw, along with the Navajo Department of Justice, and Navajo EPA.
Council delegates questioned why there was not even an attempt made to seek a waiver from a federal law that prevents uranium transport from being blocked on highways, so that the uranium transport could be halted on the Navajo Nation.
Radioactive trucks carrying uranium waste -- covered only with tarps -- passed through the Navajo Nation on Wednesday, and two more on Thursday. The trucks will be increasing. Two to four trucks are planned every day for the rest of the month. The agreement for the deadly hauling is for the next two to four years.
With little or no warning to Navajo communities, the trucks passed through Tuba City -- where Dine' are streaming live in opposition to the deadly truck transport -- between 11 am and noon. The trucks entered the Navajo Nation near Cameron.
During the Naabik'íyáti’ Committee session on Thursday, Council Delegates said the Navajo Nation Council is the law-making body of the Navajo Nation, and they were never consulted about the agreement with Energy Fuels. The agreement allows the transport of radioactive waste from Energy Fuels Pinyon Plain Mine in the Grand Canyon, to the mill in the White Mesa Ute community in Utah.
Naabik'íyáti’ Committee Regular Meeting, Thursday, Feb. 13, 2025
"Who negotiated these terms?" asked Shiprock Council Delegate Eugenia Charles-Newton. She questioned who decided on the amount to be paid by Energy Fuels to the tribe.
"Who came up with the amount of $1.2 million?"
"We should have never even entered into this, because the last meeting that we had on the uranium, we all agreed that we would not allow the uranium to be hauled through our Navajo Nation because we're still fighting the federal government for what happened to our people, and they keep pushing it aside saying, 'Well, that
happened years ago, that happened during World War II.'"
happened years ago, that happened during World War II.'"
Charles-Newton questioned the legality of the agreement, and whether those negotiating the agreement had the authority to do it.
She said the $1.2 million from Energy Fuels to the tribe is not a lot of money, and that this would cover the cost of just one person who has to battle cancer.
"What I do care about is our Navajo people who are still trying to combat cancer because of the uranium mines that they entered into when the federal government chose to withhold that information to our Navajo people, and I question if we already know the effects of uranium, why are we allowing this to continue, and if we want to stop it."
She asked why there were no public hearings, no major press releases, and why the Dine' people were not informed at the time of the negotiations.
"Where does it say they can sign this contract without it going through the Council?"
As a result of her questions, a long, drawn out circle of explanations followed by tribal attorneys and the Navajo EPA during the council committee session.
Navajo EPA executive director Steven Etsitty said the high price for uranium on the global market stimulated the re-opening of Pinyon Plain and other uranium mines. Etsitty said the other factor that makes it clear that this will not go away is the fact that the only fully-licensed and operating uranium mill in the United States is Energy Fuels White Mesa mill near Blanding, Utah.
Responding to questions, Navajo Interim Deputy Attorney General Kris Beecher said Ethel Branch, former Navajo Attorney General, worked on the uranium transport agreement.
Moquin said litigation attorneys from the Navajo Department of Justice were also involved in the negotiations.
Moquin said uranium trucks have probably come through the Navajo Nation in the past, but there was no way to know, or monitor them.
"Unfortunately we have a lot of relatives who are along those routes. Maybe they run along those routes, you know they sell their goods and things like that along those routes, and so that is compromising and jeopardizing our relatives and our Western Agency all the way up into Utah."
Meanwhile, during the backlash, questions and controversy, Navajo President Buu Nygren said that Acting Attorney General Heather Clah signed the agreement with Energy Fuels on behalf of the Navajo Nation. Nygren made the statement on Facebook on Thursday.
Navajo Interim Deputy Attorney General Kris Beecher, front center, answered questions today.
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Statement by Resources and Development Committee: Report on uranium ore transport agreement
The Navajo EPA and tribal attorneys claimed that this agreement is benefiting the Navajo people, but council delegates disagreed.
Council Delegate Dr. Andy Nez said, "This agreement is not benefiting our people."
Dr. Nez, who represents Crystal, Fort Defiance, Red Lake and Sawmill, asked if the Navajo Nation EPA has a plan to address emergencies that will occur.
"When I look at again at the benefits, it's not benefits, it's benefiting nobody other than Energy Fuels -- they're simply giving you the money for them, for the nation to be of service to them, and nobody's benefiting from that."
"So I wouldn't call it a benefit."
"It just doesn't make any sense to me," Dr. Nez said, questioning the negotiations. He also questioned the fact that no hazardous waste truck drivers licenses have been issued by the Navajo EPA.
Etsitty clarified that the license is for the company, Hammond Trucking in this case, and it is a license with an annual fee.
Council delegates were clearly frustrated with the lack of concrete answers from attorneys and the Navajo EPA.
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| Councilman Georg Tolth |
Councilman George Tolth said, "I don't think they're going to give us the answers. They're just passing the buck."
"We're just talking about it 'round and 'round," he said, "we're going to be sitting here all evening."
Tolth pointed out that attorneys are paid to answer the questions, and yet there were no straight-forward answers to where the authority to negotiate the uranium transport agreement came from.
"We're asking questions, and some are not responding," Tolth said, "They're not on the same page."
Tolth recommended that this be referred back to the Navajo Council's Resources and Development Committee. Tolth said it is likely to require subpoenas to get the answers to their questions and bring all the attorneys together.
"Seems like we're doing all the work for them," said Tolth, referring to the Resources Committee. Tolth represents Littlewater, Pueblo Pintado, Torreon, Whitehorse Lake, Baca/Prewitt, Casamero Lake, Ojo Encino, and Counselor.
The committee decided to return to the issue in two weeks, and since it involves a contract, the session will be an executive session and not public.
Today, the following fact sheet was made public -- two days after the trucks passed through the Navajo Nation.
Meanwhile, Navajos report that the tarps covering the radioactive uranium waste loaded in the semi-trucks are not secure, and the tarps are flapping open at the corners, contaminating the air.
Besides the endangerment to Navajos on this deadly haul route, the agreement includes future permission for Energy Fuels to haul radioactive waste through the eastern part of the Navajo Nation in New Mexico, if Energy Fuels begins uranium mining at Energy Fuels' Roca Honda mine, near the Dine' Sacred Mountain of Mount Taylor in New Mexico.
Further, in the agreement, Energy Fuels agrees to remove 10,000 tons of abandoned uranium mine waste from Cold War uranium mining on the Navajo Nation.
While the removal of radioactive waste from the Navajo Nation may benefit the tribe, concerned Navajos and Utes point out that it further endangers White Mesa Ute who live in the community where the mill is located. The mill, a radioactive dumping ground, is located in southeastern Utah.
White Mesa Ute testified before the Inter-American Commission on Human Rights in 2024, describing the health impacts from the mill, how the radioactive dumping endangers their families, and their efforts to shut down the mill.
Earlier this week, on Monday, another Navajo Nation Council Committee said the agreement with Energy Fuels was not negotiated or approved.
"The Resources and Development Committee clarified that the agreement was not negotiated or approved by the Committee. The Resources and Development Committee continues to urge the Executive Branch to communicate and work with the legislative oversight committee."
The deadly route through the western Navajo Nation begins near Cameron and continues through Tuba City, Kayenta and Mexican Water. The radioactive haul route is 320 miles of remote Dine' homes and communities located on the Navajo Nation before entering Utah. There are long stretches with no hospitals or hazardous waste emergency services. Police and emergency responders often take hours to show up when there are emergencies.
Navajo Nation Agreement with Energy Fuels Fact Sheet
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(Below) While the Navajo government lapsed into secrecy, Haul NO! and Bidi Roots in Tuba City kept Dine' informed who were on social media. Bidi Roots livestreamed two radioactive uranium trucks traveling through Tuba City on Wednesday and another two trucks on Thursday. The trucks leave Energy Fuels Pinyon Plain uranium mine in the Grand Canyon, and enter the Navajo Nation near Cameron in Arizona. The radioactive trucks, with uranium waste and ore covered only with tarps, pass through Kayenta and Mexican Water in Arizona, before dumping the radioactive loads at Energy Fuels uranium mill in the White Mesa Ute community in Utah.
Below: The deadly radioactive truck haul route through the Navajo Nation.
Image courtesy Grand Canyon Trust.
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(Below) The Navajo President's secret deal with Energy Fuels endangers everyone in the region, including Laguna and Acoma Pueblos in New Mexico already suffering from the cancer and death from uranium mining at Jackpile uranium mine. The new agreement between the Navajo government and Energy Fuels includes a provision for Energy Fuels to transport radioactive uranium waste through the eastern part of the Navajo Nation, if Energy Fuels begins mining uranium near the Dine' Sacred Mountain of Mount Taylor in New Mexico. (Photo blasting at Jackpile uranium mine, where Acoma and Laguna Pueblos worked and suffered from cancer as a result.)
Statement by Resources and Development Committee: Report on uranium ore transport agreement
Feb. 12, 2025
By Navajo Nation Council's Resources and Development Committee
WINDOW ROCK, Ariz. – On Monday, the Resources and Development Committee received a report regarding the Uranium Ore Transport Agreement, recently signed between the Navajo Nation and Energy Fuels, Inc., a uranium ore producer that operates the Pinyon Plain Mine near the Grand Canyon.
On Jan. 29, Energy Fuels announced that an agreement was signed between the Navajo Nation Executive Branch and the company to oversee the transport of uranium ore from Energy Fuels' Pinyon Plain Mine in northern Arizona to the company's White Mesa Mill in southern Utah, along federal and state highways located within the boundaries of the Navajo Nation.
The report, presented by Navajo Nation Acting Attorney General Heather Clah and Acting Deputy Attorney General Kris Beecher, outlined additional protections included in the agreement.
These added protections include limiting transportation to specified routes and hours of the day, prohibiting transport during celebrations or holidays, defining emergency response procedures, and establishing clear notice and reporting requirements. The agreement also introduces more stringent insurance, driver qualification, and training standards.
Furthermore, the agreement mandates that transportation drivers obtain Navajo Nation transportation licenses, use state-of-the-art cover systems, secure provisions for escorts, and implement additional inspection procedures to ensure that all rules and agreements are adhered to.
Council Delegate Casey Allen Johnson (Cameron, Coalmine Canyon, Birdsprings, Leupp, Tolani Lake) requested the Department of Justice to cite the law that grants the federal government the authority to override the Navajo Nation's sovereign right to regulate uranium transportation.
Acting Deputy Attorney General Beecher explained that the agreement complies with federal preemption, a constitutional principle that asserts the supremacy of federal law over conflicting state laws.
"Federal law prohibits the banning of uranium transportation," Beecher explained. "The Navajo Nation Environmental Protection Agency will have primary oversight of the transport. Before transport begins, Energy Fuels must apply for a transport license from the NNEPA."
Acting Attorney General Clah stated that public outreach is currently underway, with the most recent update provided to the Mexican Water Chapter.
Beecher also highlighted an additional benefit of the agreement: Energy Fuels, Inc. will transport and remove an extra 10,000 tons of uranium waste from Abandoned Uranium Mines (AUM) on the Navajo Nation for processing at the White Mesa Mill.
"This will incur no cost to the Navajo Nation," Beecher said. "This removal and processing would otherwise cost the Nation $2 million."
"This will incur no cost to the Navajo Nation," Beecher said. "This removal and processing would otherwise cost the Nation $2 million."
The Resources and Development Committee clarified that the agreement was not negotiated or approved by the Committee. The Resources and Development Committee continues to urge the Executive Branch to communicate and work with the legislative oversight committee.
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About the author
Brenda Norrell has been a news reporter in Indian country for 42 years, beginning at the Navajo Times during the 18 years that she lived on the Navajo Nation. She was a correspondent for Lakota Times, Associated Press and USA Today. After serving as a longtime staff reporter for Indian Country Today, she was censored and terminated in 2006. She created Censored News as a result. She has a masters degree in international health, focused on water, nutrition and infectious diseases.
Copyright Censored News. Censored News content may not be used without written permission, or used in any way for revenues.
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