A billboard located along State Route 89 just outside the boundaries of the Navajo Nation reads: “Radioactive pollution kills. It’s time to clean up the mines.” The Navajo Nation has more than 500 abandoned uranium mines, and communities are still waiting for them to be cleaned up. Photo by Shondiin Silversmith | Arizona Mirror
Uranium has long been a concern for the Navajo Nation due to the history of mining, which has deeply impacted the land and community since the 1940s.
The ongoing concerns surrounding the clean-up of more than 500 abandoned uranium mines, as well as the lingering health effects from mining, continue to plague families across the Navajo Nation.
Now, communities in the western parts of the Navajo Nation have a new concern: the hauling of uranium ore across their land.
The Pinyon Plain Mine’s uranium haul route is approved to travel more than 300 miles across northern Arizona into Utah, passing through dozens of communities along the way.
It has been nearly six months since the mining company sent two truckloads of uranium ore through the Navajo Nation without notifying the Navajo government, people, or communities along the way.
On Jan. 29, Energy Fuels, Inc. and the Navajo Nation announced that they had reached an agreement. Transportation of uranium ore from the Pinyon Plain Mine to the White Mesa Uranium Mill is scheduled to resume in February.
The mining company announced the agreement in a press release. However, it is unclear whether updates about the negotiations and the intent to resume transportation have reached tribal communities along the route.
At the time this story was published, the Navajo Nation Council and president had not released a public statement about the agreement.
With the lack of public education from tribal leaders and mining officials occurring within their tribal communities, Navajo people living along the route continue to raise their about what will happen if an accident does occur when uranium hauling resumes.
What happens when an emergency occurs with one of the haul trucks, especially on tribal land? Who is responsible for it, and will their community be notified?
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The reality is that it depends on where the accident occurs along the route and how severe it is. In the end, people who live in the communities along the route will receive any form of notification from their local authorities, but only if the situation calls for it.
“Community members who need to take immediate emergency protective actions are typically notified through the integrated public alert and warning system,” said Gabe Lavine, director of the Arizona Division of Emergency Management. The alert can come through cell phones, AM/FM radios or television channels.
Lavine said the local authority can share additional updates or information through various outlets, including websites, social media, print media, radio, and in-person meetings or engagements.
The uranium haul trucks traveling along the route are on state roadways, so the mine, trucking company, and state are responsible for any emergency that occurs en route, even though more than half the route passes through the Navajo Nation.
“The primary responsibility is the company, whoever’s truck spills or has a problem,” Navajo Nation Environmental Protection Agency Director Stephen Etsitty said. “That company makes their response, and they mobilize their contractor.”
Etsitty said that the response time could vary depending on where the incident occurs on the Navajo Nation. However, the Navajo Nation Police Department, Emergency Management Services, or Fire Department will be the first to the scene.
Depending on where the company is mobilizing their contractors from, the response time on their end, Etsitty said, is determined because if they’re calling in people in urban areas such as Phoenix, that could be about five hours before they get to the scene.
Energy Fuels, the mine owner, contracted with Hammon Trucking to transport uranium ore from the Pinyon Plain Mine to the White Mesa Mill. In August 2024, the company submitted its transportation emergency response plan for the shipments.
The Arizona Mirror contacted Hammon Trucking for an interview but did not receive a response.
The plan outlines the roles and responsibilities, training requirements, incident reporting and media contact, and accident handling procedures.
According to the company’s plan, the information flow for reporting an incident starts with the hauling truck driver. If an incident occurs, the driver first calls local emergency services, such as the police or fire department, and then communicates with their company.
The plan’s objectives include minimizing any adverse effects on people, damage to property or harm to the environment; facilitating a rapid and effective response; aiding in emergency and security services; and communicating vital information to all relevant persons involved in the emergency.
If an incident were to occur, as part of Hammon Trucking’s plan, immediate notification from the Energy Fuels Safety Superintendent would include notifying the Kaibab National Forest and the appropriate state, county, and tribal emergency management services.
If the incident results in the spillage of uranium ore, the plan indicates that MP Environmental, Hammon Trucking’s subcontractor, will be notified and responsible for any emergency response and clean-up actions. They will also be accountable for spill recovery and dispensing recovered materials.
The trucking and mining company is primarily responsible for any emergency incident during the haul of uranium ore from the Pinyon Plain Mine, but the state of Arizona will provide support where needed.
“If there is a crash or incident on a state highway, ADOT will work as needed with incident commanders often by setting up and staffing closure points, said Steve Elliott, a spokesperson for the Arizona Department of Transportation. “State agencies follow the State Emergency Response and Recovery Plan when there is a major incident.”
The Arizona State Emergency Response and Recovery Plan is an all-hazards plan that identifies state agency roles and responsibilities during an emergency or disaster. It is implemented when an emergency or disaster reaches a level that overwhelms local, country, or tribal resources or the governor declares a state of emergency.
The plan is consistent with all applicable state and federal guidance and authorities, including utilizing the National Incident Management System and the Incident Command System as a basis for the structure.
The primary responsibility is the company, whoever’s truck spills or has a problem.
– Navajo Nation Environmental Protection Agency Director Stephen Etsitty
In the event of a hazardous materials spill, Elliott said that ADOT would coordinate with the incident command to oversee the cleanup because the contractor handling a cleanup must complete work as instructed by ADOT.
On tribal land, Elliott said that ADOT would coordinate with tribal authorities on any additional requirements for cleanups and make sure those are communicated to the contractor and responsible party.
“The transportation company is legally responsible for all environmental remediation and clean up and has provided a copy of their Transportation Emergency Response Plan to relevant authorities,” Lavine said.
Lavine added that it is not anticipated that local and tribal jurisdictions will need external assistance to respond to an incident. However, the state is prepared to offer support and request additional external assistance if necessary.
“Support between jurisdictions and from the local or state agencies to tribal nations is facilitated by the Arizona Mutual Aid Agreement,” he said, and due to the sovereign nature of tribal nations, the state only provides support to tribal governments who have signed the agreement.
To ensure local communities and cross-jurisdictional partners are prepared for an incident involving a uranium haul truck accident, Lavine said that DEMA facilitated planning and coordination meetings in August 2024 that included emergency management partners from state, Tribal, and local governments.
“At the request of Navajo Nation Emergency Management, DEMA provided technical assistance and feedback on the Tribe’s Hazardous Materials Emergency Response Plan,” Lavine said, adding that DEMA continues to support planning and preparedness efforts led by the tribal government by providing state-level technical expertise and following national planning models and processes.
Navajo Nation Updating Emergency Response Plan
Navajo Nation Division of Public Safety Deputy Director Michael Henderson said the Navajo Nation has a general emergency response plan mainly geared toward hazardous situations that may occur on Navajo lands. However, it does not include a response to the transportation of uranium.
“There are general provisions, not specific to uranium and nothing specific for the hauling of uranium across the Navajo Nation,” he said.
However, Henderson said they are working with other departments across the Navajo Nation to update the emergency response plan, which has not been updated since 2017. There is no timeframe for completing the final and updated emergency plan.
“It encompassed a response to any situation, but as far as the people’s concern for uranium, it is being worked on,” he said of the current emergency response plan of the Navajo Nation. “We understand the concerns of the public, and there is a lot of education that needs to be done about the substance being transported.”
Henderson said the opposition to the transportation of uranium across the Navajo Nation is apparent, and the Navajo people have made it clear they do not want it.
However, he said that having that plan in place will reassure the community if an incident occurs. It will ensure that they have a place to go if evacuation is needed and that their livestock is cared for.
In addition to a plan, Henderson said the Navajo Nation is still working on what type of educational material can be made available to communities along the haul route for transportation of uranium and what the Navajo Nation can do if an accident occurs.
“Education would be a big issue,” Henderson said, both because there are a lot of people who live along the uranium haul route and how information travels through different tiers of leadership on the Navajo Nation before it gets to the community level.
The Navajo Nation is divided into five agencies: Chinle, Eastern, Fort Defiance, Shiprock and Western. Each agency is composed of local chapter houses, which are the local government entities for communities across the Navajo Nation. The Navajo people rely on chapter houses for information that may impact their community.
Henderson said that when the updated emergency response plan and education materials are developed, they will be shared with the five agencies. These agencies are responsible for sharing them with the chapters within their areas. Then, it is up to the chapters to share them with the community.
The uranium haul route mostly travels through the Western agency of the Navajo Nation and a small part of Shiprock agency before reaching Utah. The chapter houses along that route include Dennehotso, Cameron, Kayenta, Tuba City, Tonalea and Mexican Water.
Henderson said the push for an update on the emergency response plan and the development of education materials resulted from community members voicing their concerns.
“We need them to understand that the Navajo Nation is going to be doing its best to address their concerns,” he added. “It’s not being ignored.”
Henderson said that if an emergency incident were to occur due to the transportation of uranium along the haul route, the Navajo Nation would be able to provide a general response, which would involve setting up an incident command system to coordinate with the state and the company responsible for cleanup.
Response time for the incident can vary, but the Navajo Nation Police Department, EMS, and Fire Department would be the first responders on the scene. They would be responsible for the direct safety of the scene and would report back to the incident command system, allowing the tribe to coordinate with the state.
Henderson said they are working to prepare for any potential incidents along the uranium haul route. Navajo Nation police officers are training to be certified to perform truck inspections and set up checkpoints along the route, allowing them to inspect the hauling trucks to ensure that “nothing dangerous” enters the community.
If any environmental threat occurs due to the incident, Henderson said that is referred to the Navajo Nation Environmental Protection Agency because they have their response plans.
Navajo EPA provides oversight
The Pinyon Plain Mine’s approved uranium haul route travels over 170 miles of Navajo land. The haul trucks drive along two main state highways that attract thousands of drivers across open-range land where livestock graze and family homes are built.
If one of the haul trucks had an accident along the route and directly impacted the environment, the Navajo Nation would rely on the company and mine for any cleanup.
Etsitty, the head of the Navajo Nation Environmental Protection Agency, said an emergency incident involving a hauling truck usually occurs on the road right of way, making it the responsibility of both the state and the trucking company.
“It is that entity’s responsibility to be the primary oversight of a response or clean-up because those rights of ways are essentially not under the immediate or direct jurisdiction of the Navajo Nation,” he explained.
There are general provisions, not specific to uranium and nothing specific for the hauling of uranium across the Navajo Nation.
– Navajo Nation Division of Public Safety Deputy Director Michael Henderson
But if the incident were to extend beyond the fence line, Etisitty said, that would be Navajo land, and the Navajo Nation would assume primary responsibility.
Etsitty said he does not recall uranium being transported across the Navajo Nation before last July because uranium activity near the Navajo Nation has been non-existent. The tribe has laws prohibiting and restricting uranium transportation across its lands.
The Navajo EPA can provide oversight if an incident occurs, Etsitty said, but they do not have an extensive response program in terms of equipment or personnel.
“It would be a multiagency response with the company being the primarily responsible party,” he said, and the Navajo Nation relies on the company’s emergency plans and contractors who respond to the incident.
Etsitty said the Navajo EPA’s emergency response plan for any potential incident along the uranium route is “pretty straightforward” because it would handle the incident as if it were dealing with any other hazardous substance, such as gas or propane. The department handles spills according to guidelines established by the Resource Conservation and Recovery Act.
Etsitty said that the Navajo EPA is prepared to conduct regulatory oversight, coordination and cooperation with the other agencies responsible for cleanup when an emergency occurs within a right-of-way on the Navajo Nation.
“In reality, many of the agencies are far away; the primary people on the scene first are usually the Navajo Nation Police Department and they don’t do anything besides immediate public safety or address issues of traffic control,” Etsitty added.
Etsitty said that the Navajo EPA has been in talks with Energy Fuels since negotiations began in August of 2024, and “a lot of information has been shared, including emergency plans.”
Etsitty said his department is trying to work more with chapter houses, providing them with information and even training within their communities so they understand their role if any incidents occur.
“It’s going to take a lot of coordination between key Navajo entities, such as the Navajo Nation Police Department and the Department of Emergency Management, to engage with each chapter,” he added.
“There is a lot of need to get out and educate people,” Etsitty said because the Navajo Nation needs a better understanding of the incident command structure set up by the Federal Emergency Management Agency, which the tribe utilizes for emergency responses.
“Some of our chapters do that work and training for themselves, but that capacity is almost nonexistent in some chapters,” he said.