Office of the Navajo Nation President

THE NAVAJO NATION

President Buu Van Nygren

Office of the Navajo Nation President

THE NAVAJO NATION

President Nygren

Executive Order No. 05-2024: Related to the Transport of Uranium on and through the Navajo Nation

Jul 31, 2024 | Executive Orders

WHEREAS:

  1. The President of the Navajo Nation serves as the Chief Executive Officer for the Executive Branch of the Navajo Nation government. 2 N.N.C. § 1005(A);
  2. The President shall have the power to issue an executive order for the purpose of interpreting, implementing or giving administrative effect to statutes of the Navajo Nation. Executive orders shall have the force of law. 2 N.N.C. § 1005(C)14;
  3. Under the Navajo Nation Radioactive and Related Substances, Equipment, Vehicles, Persons and Materials Transportation Act of 2012 (the Act), “the Navajo Nation opposes generally the transportation of radioactive and related substances, equipment, vehicles, persons and materials over and across Navajo Nation lands.” 18 N.N.C. § 1304(A);
  4. Pursuant to the Act, “no person or entity may transport any [radioactive or related substances) on or across Navajo Nation lands” without “at least four days advance notice of its intent to transport any Products on or across Navajo Nation lands.” 18 N.N.C. §1307(A), (B);
  5. “It is the duty and responsibility of the Diné to protect and preserve the beauty of the natural world for future generations[.]” 1 N.N.C. § 5;
  6. Our laws, Diné bi beehaz’áanii, embody Diyin bits̨ą́ád̨ę́é’ beehaz’áanii (Traditional Law), Diyin Diné bits̨ą́ád̨ę́é’ beehaz’áanii (Customary Law), Nahasdzáán dóó Yádiłhił bits̨ą́ád̨ę́é’ beehaz’áanii (Natural Law), and Diyin Nohookáá Diné bi beehaz’áanii (Common Law). These laws provide sanctuary for the Diné life and culture, define our relationship with the world beyond the sacred mountains, and protect and preserve the balance we maintain with the natural world. 1 N.N.C. §2;
  7. The Navajo Nation has a long and troubled history with uranium mining, resulting in over 500 abandoned uranium mine sites on Navajo Nation lands, and four very large piles of uranium mill tailings located on or adiacent to Navaio Nation landsboth leaching contaminants into surface and ground water. 18 N.N.C. 5 130aG);
  8. The Navaio People and the Navaio Nation government have been substantially harmed by this uranium exploration, mining, production, processing, milling and transportation, including the largest accidental release of radioactivity in United States history. 18 N.N.C. 5 1504(F);
  9. The Navaio People continue to suffer the catastrophic and lethal consequences of radioactive-related activities and accidents, while hazardous radioactive waste continues to contaminate the Navaio environment resulting in lasting devastation to land, water, public health, and psychological health;
  10. The Navaio People are in the 95th percentile for uranium exposure in the United States, which has caused many health impacts on reproduction and disproportionately high rates of hypertension and cancer risk;
  11. With this history of exploitation and harm, it is necessary for the Navaio Nation to protect its citizens from potential catastrophic consequences related to the transport of radioactive materials;
  12. The transport of radioactive and related materials across the Navaio Nation has a severe and direct effect on the health, psychological health, safery and welfare of the Navaio Nation and its citizens;
  13. The Navaio Nation has the inherent authority to regulate transportation of radioactive materials to protect the health, safety, welfare and environment ofthe Navaio Nation and its citizens, visitors and guests;
  14. The Navaio Nation finds it necessary to “ensure that any future Activities occurring within, on or over Navaio Indian country are performed in a manner that protects the Navaio Nation environment and water resources, the health and safety of Navajo citizens and guests and visitors alike, and the welfare of the Navaio Nation.” 18 N.N.C.5 1504(r);
  15. In accordance with the Act and federal law, the Navaio Nation is in the process of promulgating regulations to impose reasonable licensing fees and minimum requirements for the safe transport of radioactive materials across the Navaio Nation that are expected to be promulgated within the next six months.

THEREFORE, I, DR. BUU NYGREN, President of the Navaio Nation, by the authority vested in me, hereby ORDER the following:

For the next six months any and all transportation of radioactive and related substances, equipment, vehicles, persons, and materials must be conducted pursuant to an agreement with the Navaio Nation that ensures compliance with the Act and provides for the protection ofthe health, safety and welfare ofthe Navaio People.

EXECUTED THIS 31st DAY of JULY 2024.

Dr. Buu Nygren, President
THE NAVAJO NATION

Executive Order (PDF)