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THE HEALTH AND ENVIRONMENTAL IMPACTS OF

URANIUM CONTAMINATION IN THE NAVAJO

NATION

HEARING

BEFORE THE

COMMITTEE ON OVERSIGHT

AND GOVERNMENT REFORM

HOUSE OF REPRESENTATIVES

ONE HUNDRED TENTH CONGRESS

FIRST SESSION

OCTOBER 23, 2007

Serial No. 110–97

Printed for the use of the Committee on Oversight and Government Reform

(

Available via the World Wide Web: http://www.gpoaccess.gov/congress/index.html

http://www.house.gov/reform

(II)

COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

HENRY A. WAXMAN, California, Chairman

TOM LANTOS, California

EDOLPHUS TOWNS, New York

PAUL E. KANJORSKI, Pennsylvania

CAROLYN B. MALONEY, New York

ELIJAH E. CUMMINGS, Maryland

DENNIS J. KUCINICH, Ohio

DANNY K. DAVIS, Illinois

JOHN F. TIERNEY, Massachusetts

WM. LACY CLAY, Missouri

DIANE E. WATSON, California

STEPHEN F. LYNCH, Massachusetts

BRIAN HIGGINS, New York

JOHN A. YARMUTH, Kentucky

BRUCE L. BRALEY, Iowa

ELEANOR HOLMES NORTON, District of

Columbia

BETTY MCCOLLUM, Minnesota

JIM COOPER, Tennessee

CHRIS VAN HOLLEN, Maryland

PAUL W. HODES, New Hampshire

CHRISTOPHER S. MURPHY, Connecticut

JOHN P. SARBANES, Maryland

PETER WELCH, Vermont

TOM DAVIS, Virginia

DAN BURTON, Indiana

CHRISTOPHER SHAYS, Connecticut

JOHN M. MCHUGH, New York

JOHN L. MICA, Florida

MARK E. SOUDER, Indiana

TODD RUSSELL PLATTS, Pennsylvania

CHRIS CANNON, Utah

JOHN J. DUNCAN, JR., Tennessee

MICHAEL R. TURNER, Ohio

DARRELL E. ISSA, California

KENNY MARCHANT, Texas

LYNN A. WESTMORELAND, Georgia

PATRICK T. MCHENRY, North Carolina

VIRGINIA FOXX, North Carolina

BRIAN P. BILBRAY, California

BILL SALI, Idaho

JIM JORDAN, Ohio

PHIL SCHILIRO, Chief of Staff

PHIL BARNETT, Staff Director

EARLEY GREEN, Chief Clerk

DAVID MARIN, Minority Staff Director

(III)

C O N T E N T S

Page

Hearing held on October 23, 2007 .......................................................................... 1

Statement of:

Arthur, George, chairman, Resources Committee, Navajo Nation Council;

Stephen Etsitty, executive director, Navajo Nation Environmental Protection Agency; Doug Brugge, Ph.D., M.S., associate professor, Department of Public Health and Family Medicine, Tufts University School

of Medicine; Larry J. King, member, Navajo Nation; Edith Hood, member, Navajo Nation; Phil Harrison, member, Navajo Nation; and Ray

Manygoats, member, Navajo Nation ........................................................... 23

Arthur, George ........................................................................................... 23

Brugge, Doug ............................................................................................. 39

Etsitty, Stephen ......................................................................................... 30

Harrison, Phil ............................................................................................ 82

Hood, Edith ................................................................................................ 77

King, Larry J. ............................................................................................ 44

Manygoats, Ray ......................................................................................... 89

Nastri, Wayne, Regional Administrator, U.S. Environmental Protection

Agency, Region 9, accompanied by Keith Takata, Director, Region 9

Superfund Division; David Geiser, Deputy Director, Office of Legacy

Management, Department of Energy; Charles L. Miller, Director, Office

of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, accompanied by Francis

Cameron, Assistant General Counsel for Rulemaking and Fuel Cycle

and William Von Till, Branch Chief for Uranium Recovery Licensing;

Robert G. McSwain, Acting Director, Indian Health Service, accompanied by Rear Admiral Douglas G. Peter, M.D., Deputy Director,

Chief Medical Officer, Navajo Area, IHS; Gary Hartz, Director, IHS

Office of Environmental Health and Engineering; and Jerry Gidner,

Director, Bureau of Indian Affairs, U.S. Department of Interior ............. 124

Geiser, David ............................................................................................. 130

Gidner, Jerry ............................................................................................. 154

McSwain, Robert G. .................................................................................. 146

Miller, Charles L. ...................................................................................... 140

Nastri, Wayne ............................................................................................ 124

Letters, statements, etc., submitted for the record by:

Arthur, George, chairman, Resources Committee, Navajo Nation Council,

prepared statement of ................................................................................... 26

Brugge, Doug, Ph.D., M.S., associate professor, Department of Public

Health and Family Medicine, Tufts University School of Medicine, prepared statement of ........................................................................................ 41

Davis, Hon. Tom, a Representative in Congress from the State of Virginia, prepared statement of ........................................................................ 14

Etsitty, Stephen, executive director, Navajo Nation Environmental Protection Agency, prepared statement of ........................................................ 34

Geiser, David, Deputy Director, Office of Legacy Management, Department of Energy, prepared statement of ...................................................... 132

Gidner, Jerry, Director, Bureau of Indian Affairs, U.S. Department of

Interior, prepared statement of ................................................................... 155

Harrison, Phil, member, Navajo Nation, prepared statement of .................. 85

Hood, Edith, member, Navajo Nation, prepared statement of ..................... 79

King, Larry J., member, Navajo Nation; Edith Hood, member, Navajo

Nation, prepared statement of ..................................................................... 46

Manygoats, Ray, member, Navajo Nation, prepared statement of ............... 91

Page

IV

Letters, statements, etc., submitted for the record by—Continued

McCollum, Hon. Betty, a Representative in Congress from the State

of Minnesota, article entitled, ‘‘Yellowcake Blues’’ ..................................... 101

McSwain, Robert G., Acting Director, Indian Health Service, prepared

statement of ................................................................................................... 148

Miller, Charles L., Director, Office of Federal and State Materials and

Environmental Management Programs, U.S. Nuclear Regulatory Commission, prepared statement of .................................................................... 142

Nastri, Wayne, Regional Administrator, U.S. Environmental Protection

Agency, Region 9, prepared statement of ................................................... 126

Udall, Hon. Tom, a Representative in Congress from the State of New

Mexico, prepared statement of ..................................................................... 116

Watson, Hon. Diane E., a Representative in Congress from the State

of California, prepared statement of ........................................................... 174

Waxman, Chairman Henry A., a Representative in Congress from the

State of California:

Prepared statement of ............................................................................... 4

Prepared statement of Bluewater Valley Downstream Alliance ........... 17

(1)

THE HEALTH AND ENVIRONMENTAL IMPACTS

OF URANIUM CONTAMINATION IN THE NAVAJO NATION

TUESDAY, OCTOBER 23, 2007

HOUSE OF REPRESENTATIVES,

COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM,

Washington, DC.

The committee met, pursuant to notice, at 10 a.m. in room 2154,

Rayburn House Office Building, Hon. Henry Waxman (chairman of

the committee) presiding.

Present: Representatives Waxman, Cummings, Kucinich, Watson, Yarmuth, Braley, Norton, McCollum, Welch, Davis of Virginia,

Shays, Platts, Issa, Bilbray, and Jordan.

Also present: Representatives Udall and Matheson.

Staff present: Phil Schiliro, chief of staff; Phil Barnett, staff director and chief counsel; Kristin Amerling, general counsel; Greg

Dotson, chief environmental counsel; Andy Schneider, chief health

counsel; Jeff Baran, counsel; Teresa Coufal, deputy clerk; Caren

Auchman and Ella Hoffman, press assistants; Zhongrui ‘‘JR’’ Deng,

chief information officer; Leneal Scott, information systems manager; Rob Cobbs, staff assistant; David Marin, minority staff director; Larry Halloran, minority deputy staff director; Alex Cooper,

minority professional staff member; Larry Brady, minority senior

investigator and policy advisor; Brian McNicoll, minority communications director; and Benjamin Chance, minority clerk.

Chairman WAXMAN. The meeting of the committee will please

come to order.

Throughout this year, our committee has held a series of hearings on making Government work again. We focused on programs

or agencies that once were effective but are now broken or dysfunctional. Today’s hearing is a variation on that theme.

This morning we are looking at an instance where the Government has never worked effectively. It has been a bipartisan failure

for over 40 years. It’s also a modern American tragedy. For decades

the Navajo Nation has had to contend with the deadly consequences of radioactive pollution from uranium mining and milling. Last year, a superb series of articles in the Los Angeles Times

by Judy Pasternak described the impacts of the pervasive contamination. It has been devastating for the Navajo people and their

lands.

The primary responsibility for this tragedy rests with the Federal

Government, which holds the Navajo lands in trust for the tribes.

Our Government leased the land for uranium mining, purchased

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the uranium yellowcake produced from the mines to supply our nuclear weapons stockpile, and then allowed the operators of the

mines and mills to walk away without cleaning it up and without

doing anything about the resulting contamination.

The Federal Government’s responsibility dates back to the late

1940’s when mining began under the Truman administration. The

contamination continued and remained largely unaddressed

through the next 10 administrations, Republican and Democrat

alike. As we will hear today, the Federal Government has over the

past 30 years taken some important steps to help the Navajo reclaim some of their land, but as we will also hear today, much contamination remains both on the surface and in the groundwater. It

is the Federal Government’s responsibility to see that this contamination is fully remediated.

As you can see from this map, and we have the map on the wall

there, the Navajo Nation covers an area larger than the State of

West Virginia. It lies within the States of Arizona, New Mexico and

Utah. Today over 250,000 Navajos are members of the Navajo Nation, which has its own government. Between the 1940’s and the

1980’s, millions of tons of uranium ore were mined from the Navajo

Nation. Private companies mined the ore in order to supply the

Federal Government with the uranium yellowcake it needed to

build a nuclear weapons stockpile for the cold war.

For many years, the U.S. Government was the sole customer for

this uranium. After the mining ended in the late 1980’s, literally

hundreds of radioactive mines in the Navajo Nation were abandoned. The companies that had leased the lands simply walked

away without cleaning them up. Many of these sites were abandoned in the 1950’s, 1960’s and 1970’s. In most cases, the mines

were left wide open with no warnings about the dangers they

posed. Five mill sites where uranium ore was processed were also

left behind, along with their giant mounds of radioactive uranium

filings.

Over the years, open pit mines filled with rain and Navajos used

the resulting pools for drinking water and to water their herds.

Mill tailings and chunks of uranium ore were used to build foundations, floors and walls for some Navajo homes. Families lived in

these radioactive structures for decades. Radioactive dust from

abandoned mines and waste piles blew in the air and were inhaled

by those who lived nearby. Navajo children played in the mines

and the piles of radioactive debris. They drank contaminated water

that came straight from the mines.

This isn’t something that only happened during a bygone era

when schoolchildren kneeled under their desks during nuclear

bomb drills and Americans built underground bomb shelters in

their backyards. Navajo kids were swimming in open pit uranium

mines in the 1990’s. When the U.S. EPA took readings at one mine

site, the radium levels were over 270 times the EPA standard. That

was last year. And American citizens are still drinking contaminated water, breathing in radioactive dust, and likely living in radioactive homes today. That’s happening today, right now.

Because of this contamination, the Navajo people, especially

those living near the abandoned mines and the former mill sites,

are at higher risk for cancer and for kidney failure. Unfortunately,

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we do not have a full understanding of the extent of this risk because there has never been a comprehensive health survey of the

effects of the surface and groundwater contamination. But we are

fortunate to have with us today individuals who live in the Navajo

Nation and can share their personal experiences. Although they

come from different areas of the Navajo Nation, and in some cases

live hundreds of miles apart, we will hear about the very similar

threats and devastating impacts.

In recent years, Federal agencies have taken some initial steps

toward grappling with this problem. We will hear about the work

these agencies have done, and are doing, but will also hear that

much more needs to be done. If a fraction of the deadly contamination the Navajos live with every day had been in Beverly Hills or

any wealthy community, it would have been cleaned up immediately. As a matter of fact, there was an area in an upper income

community in Colorado where they were exposed to the remnants

of uranium mining, and that was cleaned up right away. But a different standard applied to Navajo lands, half measures and outright neglect has been the official response. It is hard to review this

record and not feel ashamed. What has happened just isn’t right.

That is why we are holding today’s hearing. We want to know

what has to be done, who needs to do it and what resources will

be required to fix this. No member of this committee represents

Navajo lands. But we all want to know how we will finish cleaning

up the mess that was created by the Federal Government’s past

need for uranium and the ensuing failure to ensure that the mines

and mills that produced this uranium did not contaminate the land

and the groundwater.

Even as we hold this hearing, there is new interest in resuming

mining on or near the Navajo Nation. I don’t have any special expertise to evaluate the wisdom of that prospect. As a general rule,

however, I think we ought to correct the wrongs of the past before

inflicting new damage. And we ought to make sure that the mistakes of the past aren’t repeated. I look forward to hearing from

our witnesses and to working with all of them to correct this unacceptable situation as quickly as possible.

Mr. Davis.

[The prepared statement of Chairman Henry A. Waxman follows:]

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Mr. DAVIS OF VIRGINIA. Thank you, Mr. Chairman, for holding

this hearing.

Renewed interest in nuclear energy has unearthed a sad and

dangerous legacy from the first atomic era. Those looking to mine

uranium to fuel future reactors face a desolate landscape littered

with abandoned mines and mill sites, still generating unknown levels of health and environmental damage. That history of negligence

stretches from the Manhattan Project, through the cold war and

perhaps beyond.

The tragedy is compounded by the fact Native American lands

and all those living there were exploited by the uranium processing

operations. They were left to live and die with the potentially toxic

after-effects.

The repercussions of reckless uranium extractions fall particularly harder on the Navajo Nation, that saw the promise of jobs

and economic growth fade into the lingering curse of contaminated

lands, fouled water and likely health effects that could haunt them

for generations.

So this hearing is an important opportunity to assess what national and tribal governments are doing to address the environmental and public health impacts of uranium pollution and to discuss what more needs to be done to protect health and repair the

earth after uranium mining. The limited steps taken so far by Federal agencies, even to determine the scope of the problem, offer little hope those efforts will find adequate solutions any time soon.

The old adage about too many chiefs comes to mind.

With the Department of Energy, the Environmental Protection

Agency, the Nuclear Regulatory Commission and the Department

of Interior all involved to various degrees in these issues, each can

point to the others when hard questions arise about legal authority

and spending priorities. Interior’s Bureau of Indian Affairs and the

Indian Health Service face well-documented challenges meeting

their basic obligations to Native American communities. Add to

that dysfunctional mix the obligation to respect the sovereign

rights of tribal governments, and it becomes clear by the largescale problems the uranium contamination has languished for too

long.

Meanwhile, serious cleanup is underway at only one of the more

than 500 mines EPA found on Navajo lands. Baseline health surveys to determine the incidence of radiation-related illnesses

among Navajo families exposed to contaminated ground and water

are just getting underway. The power and skill of all the agencies

needs to be marshaled to focus and accelerate cleanup efforts, to

cap the 40 most dangerous open mines, to limit groundwater contamination and to distinguish discrete uranium-related health consequences from other public health challenges faced by the Navajos.

Not surprisingly, there is talk of litigation to sort out the myriad

of conflicting jurisdictions, legal authorities and potential liabilities. That may be necessary. It may be inevitable. But protracted

and costly lawsuits would also freeze an unacceptable status quo

while diverting scarce fiscal resources from cleanup to the courtroom.

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I hope today’s testimony will lead to a candid discussion of the

best path to justice for the Navajo people and the best policies to

address the environmental damage and public health threats posed

by uranium mining. Thank you.

[The prepared statement of Hon. Tom Davis follows:]

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Chairman WAXMAN. Thank you, Mr. Davis.

I want to ask unanimous consent that members who represent

the Navajo Nation, Mr. Matheson, Mr. Udall and Mr. Renzi, be

permitted to participate in this hearing. Without objection, so ordered.

I would also ask unanimous consent that this statement that I

have, and I think it’s been reviewed by the minority, unanimous

consent that the statement from the Bluewater Valley Downstream

Alliance be included in the record. Without objection, that will be

the order.

[The information referred to follows:]

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Chairman WAXMAN. Because we have so many witnesses on our

panels today, we are going to limit the opening statements to Mr.

Davis’ and mine and to the chairman and the ranking member of

the Domestic Policy Subcommittee. Mr. Kucinich.

Mr. KUCINICH. I thank the Chair for holding this hearing.

Native Americans have been victims of an extraordinary level of

exploitation and injustice. This injustice has extended over hundreds of years. They have borne a disproportionate burden of the

toxic legacy from this country’s pursuit of nuclear weapons and nuclear power. This is a topic that has been important to me for a

long time.

In this classic environmental justice story, we see how long native peoples have been burdened with inhumane levels of contamination and we see how long it can take just to begin to undo the

damage that the contamination brings. The stories we will hear

today will also make clear that quests for power, be they political

or electrical, have no respect for life and exact an unacceptable cost

to human health and the environment.

The EPA guesses that there are about 520 abandoned uranium

mines in the Navajo Nation and 1,200 abandoned mines in the

area. The Navajo Nation is home to five old uranium mills. Each

of the mill sites and mine sites represents a potential groundwater

contaminationsite, in addition to being a source of air and soil contamination. There are many potential exposure routes: children

play in the water that accumulates in the radioactive tailing piles;

homes and hogans are built out of material that is radioactive;

windblown dust from tailings is inhaled; groundwater is contaminated with uranium and its byproducts; wildlife and plant life concentrate the contamination and become food for other wildlife or for

Navajo living off the land.

Uranium can be toxic in two ways. First, its properties as a

chemical confer an ability to irreversibly destroy parts of the kidney when acting in isolation. But like lead and mercury, it is a

metal which interacts with the human body. Native Americans are

known to experience disproportionately high levels of lead poisoning. When uranium and lead both make their way into a person,

the toxic effect on the kidney can be additive and even synergistic.

Uranium is also toxic because it naturally decays into other elements like radium, thorium and radon, each of which is also radioactive. Radon alone is the No. 2 cause of lung cancer in the United

States, behind smoking.

The industrial process of extracting and concentrating uranium

uses a host of other highly toxic compounds like various acids and

cyanide, which are common mine tailing contaminants, and of

course, there are other elements which co-occur with uranium, like

arsenic and fluoride, which are left behind when uranium is refined. Each of these compounds bears its own list of health effects,

and each combination of two or three or more of these compounds

brings their own set of health effects. It could take generations just

to completely understand the health effects of all these sites in

question, making things worse. It is a formidable challenge just to

understand the magnitude of the contamination; so much so, it

hasn’t even been done yet. No comprehensive review of groundwater contamination of all the mine sites has been done. No comVerDate 11-MAY-2000 12:40 Jan 30, 2009 Jkt 000000 PO 00000 Frm 00025 Fmt 6633 Sfmt 6633 C:\DOCS\45611.TXT KATIE PsN: KATIE
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prehensive review for the presence of elevated levels of radiation

in Navajo houses has been done, even though there are dozens

known to have been built with radioactive materials. No comprehensive review of the health effects of the contamination from

the mines and mills has been done. There is no way we can begin

to address the problem if we can’t define it.

Mr. Chairman, one estimate I have heard is that the entire

cleanup cost would be around $500 million. I think that is really

low. Efforts just to clean up the groundwater at three of the old

mill sites on the Navajo Nation are predicted to take 20 years. Already the contamination has spanned generations and will span

many more if we continue the current pace of cleanups.

Some effects can’t be cleaned. Before the mines were opened, the

Navajo way of life was heavily dependent on natural resources,

which fostered a healthy respect for the environment. Not only did

they rely on it for clean water and abundant food, but they incorporated it into their customs, their religion and their way of life.

Carol Marxim and Perry Charlie pointed out in their chapter of the

Navajo People and Uranium Mining that the contamination of livestock, of the medicinal herbs they use, and of the water bodies

their children played in changed the view of the land that was embraced and used as a conceptual center for their way of life. After

the contamination, they feared it.

It is hard to imagine how destabilizing it would be if we thought

radioactive contamination permeated all that we rely on to be safe

and clean. Now, 60 years after the first uranium contamination

began, there are corporations that want to reopen some of the very

same mines and extract more uranium for nuclear power plants.

Never mind the contamination already created that we are trying

to define, let alone clean up. Never mind the permanent social

damage inflicted by this contamination. Never mind that nuclear

power is nowhere near economical. Never mind the lack of viable

or safe storage facilities for the waste that will continue to be toxic

for thousands of years.

Mr. Chairman, this is an important hearing, not only because it

gives a chance for our Native brothers and sisters to be able to

bring to this committee their story, but it is an important opportunity to begin to put a focus on people from this nuclear uranium

mining industry. Because they have a story to be told too, and I

hope that when it is told under oath, we will be given an opportunity to get to the bottom of what they are up to.

Thank you, Mr. Chairman.

Chairman WAXMAN. Thank you, Mr. Kucinich.

We will hold the record open for any Member that wishes to insert an opening statement for this hearing.

Our first panel represents the Navajo Nation. The Honorable

George Arthur is chairman of the Resources Committee of the Navajo Nation Council. The Honorable Stephen Etsitty is Director of

the Navajo Nation Environmental Protection Agency. Dr. Doug

Brugge is an associate professor in the Department of Public

Health and Family Medicine at Tufts University School of Medicine

in Boston, MA. Uranium mining and the Navajo Nation has been

a major focus of his research.

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Mr. Larry King is a member of the Navajo Nation who lives in

Gallup, NM. Ms. Edith Hood is a member of the Navajo Nation

who lives in Church Rock, NM. Mr. Phil Harrison is a member of

the Navajo Nation who lives in Window Rock, AZ. And Mr. Ray

Manygoats is a member of the Navajo Nation who lives in Tuba

City, AZ.

I want to thank all of you for being here and for your willingness

to testify before us. It is the policy of this committee that all witnesses that appear before us take an oath, so I would like to ask

you to rise and raise your right hands, if you would.

[Witnesses sworn.]

Chairman WAXMAN. Thank you. The record will show that each

of the witnesses answered in the affirmative.

Your prepared statements will be in the record in their entirety.

We would like to ask you to limit the oral presentation to around

5 minutes. We will have a clock that will be green and then will

turn to yellow for a minute and then red, which will indicate that

the 5-minutes is up.

Mr. Arthur, why don’t we start with you.

STATEMENTS OF GEORGE ARTHUR, CHAIRMAN, RESOURCES

COMMITTEE, NAVAJO NATION COUNCIL; STEPHEN ETSITTY,

EXECUTIVE DIRECTOR, NAVAJO NATION ENVIRONMENTAL

PROTECTION AGENCY; DOUG BRUGGE, PH.D., M.S., ASSOCIATE PROFESSOR, DEPARTMENT OF PUBLIC HEALTH AND

FAMILY MEDICINE, TUFTS UNIVERSITY SCHOOL OF MEDICINE; LARRY J. KING, MEMBER, NAVAJO NATION; EDITH

HOOD, MEMBER, NAVAJO NATION; PHIL HARRISON, MEMBER, NAVAJO NATION; AND RAY MANYGOATS, MEMBER,

NAVAJO NATION

STATEMENT OF GEORGE ARTHUR

Mr. ARTHUR [Greeting in native tongue]. Good morning, Mr.

Chairman and honorable members of this committee. Before I proceed with my statement, I would like to acknowledge that the Navajo Nation is concerned and also offers its prayers for the Congresswoman from California that is present with us in the devastation

of the fires that they are experiencing. We would like to send our

prayers to the great State of California at this time.

Thank you, Mr. Chairman Waxman and the members of the committee. I am George Arthur, chairman of the Resources Committee

of the Navajo Nation Council. The Resources Committee oversees

the Nation’s minerals and water resources and the Navajo Nation’s

Environmental Protection Agency, as well as other natural resources within the Navajo Nation. I speak here as a representative

of the Navajo Nation government.

Few members of the committee are from the West. Many may

not have ever been to an Indian reservation like the Navajo Reservation. I would like to give you a flavor of my land and my culture.

The Navajo-Federal relationship is based on two treaties, the second one signed in 1868 after about one-third of my ancestors died

in Federal concentration camps. Navajo Indian Country now includes about 17 million acres of land within Arizona, New Mexico

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and Utah. Navajo land is blessed with mineral resources. But the

Navajo people have not benefited much from these minerals until

recently, because the Reservation has served, in the words of a

Government study, as an ‘‘energy colony’’ for the United States.

Navajo warriors have served the United States with distinction in

all major conflicts since World War I, since before the Navajo Nation became citizens and since before the Navajo people became

voters. Within these conflicts came the great representatives of the

Navajo Code Talkers, whom you may have heard of.

The Navajo Nation is not a rich tribe. Because of Federal neglect

and historic discrimination by the State, the Navajo Nation had an

infrastructure deficit of $3.7 billion in 1975, and that deficit is

much greater today. We have few paved roads. We have few hospitals or clinics, and substandard schools. Many of our people lack

running water and electricity. Unemployment is near 50 percent.

The Navajo Nation has no casinos, nor the surrounding affluent

population needed for substantial gaming revenues. We rely solely

on the land and on the scarce water resources available to us. We

live, and we will continue to live, within the four sacred mountains.

We have maintained our language and traditions, including one

where the umbilical cords of Navajo babies are buried in the land

of their parents. The Navajos’ ties to the land where they are born

is profound. We don’t just move when conditions become difficult.

As a Federal district court observed in a case where the United

States unsuccessfully sought to relocate a Navajo woman from land

where she had lived all her life, relocating a Navajo from her ancestral land ‘‘is tantamount to separating the Navajo from her spirit.’’

Uranium mining and milling on and near the Reservation has

been a disaster for the Navajo people. The Department of the Interior has been in the pocket of the uranium industry, favoring its

interests and breaching its trust duties to Navajo mineral owners.

We are still undergoing what appears to be a never-ending Federal

experiment to see how much devastation can be endured by a people and a society from exposure to radiation in the air, in the

water, in mines and on the surface of the land. We no longer are

willing to be the subjects of that ongoing experiment.

In legislation passed in 2005, the Navajo Nation Council made

detailed findings about the devastation caused by uranium mining

and processing. We found that ‘‘the social, cultural, natural resources and economic damages to the Navajo Indian Nation from

past uranium mining and processing is ongoing due to: (i) the continuing need for full monetary compensation of former Navajo uranium workers and their family workers for their radiation and mining-induced diseases; (ii) the presence of hundreds of unremediated

or partially remediated uranium mines, tailing piles and waste

piles located in Navajo Indian Country; and (iii) the absence of

medical studies on the health status of Navajos who have lived in

uranium mining-impacted communities.

Because of these and other findings, the Navajo Nation has

banned uranium mining and processing within Navajo country.

Many of us were and are directly affected by uranium mining

and processing in Navajo country. The largest release of radioactive

contamination in the United States occurred within the Church

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Rock spill, where 94 million gallons of radioactive sludge from a

United Nuclear Corp. facility poured into the wash that Navajo

people and livestock used and now use in their daily lives. I myself

was present in Shiprock, the largest community on the Navajo Nation in the late 1970’s when Federal officials decided to simply pile

up all the radioactive mill tailings on land near the center of town,

with no lining under the waste and a lot of rocks on top to limit

erosion.

In what other town would the Government allow this to occur

and remain? Under today’s environmental laws, it is practically impossible to construct a municipal solid waste landfill, one that

takes ordinary household waste, without any liner to protect underground aquifers used for drinking water.

In Tuba City, however, an open dump and mill tailings piled up

without a liner, like those in Shiprock, poses an immediate threat

to the main aquifer in the western Navajo area. The Government

has devoted the money needed to remove similar tailings from a

rural area near Moab. Are those people or their water resources

more valuable than Navajos?

I regret to say that the Federal EPA, BIA, DOE and NRC would

be doing virtually noting to protect the Navajo people and the Navajo environment at Tuba City, Church Rock and other locations

within Navajo Country if the Navajo citizens and their government

had not acted. This Federal neglect and environmental injustice

must stop. The Navajo Nation has six specific recommendations

that we firmly believe should be adopted and implemented by the

Congress through legislation. These are set forth as attachments to

my written statement and I will be pleased to discuss them with

the committee.

[The prepared statement of Mr. Arthur follows:]

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Chairman WAXMAN. Thank you very much, Mr. Arthur. You may

notice that some of our colleagues have left. There is a vote on the

House floor on a procedural issue. I consider this hearing one that

I want to stay for rather than go for that vote, so we will continue

on with the hearing. They will be coming back.

Mr. Etsitty.

STATEMENT OF STEPHEN ETSITTY

Mr. ETSITTY. Good morning, honorable members of this committee and the Honorable Chairman Waxman. Thank you for convening this important hearing.

My name is Stephen Brian Etsitty. I am a member of the Navajo

Nation and the Executive Director of the Navajo Nation Environmental Protection Agency. [Greeting in native tongue.] I am Water

Flows Together Clan and I am born for the Salt Clan.

The legacy of uranium mining and processing blankets the Navajo Nation from the Eastern Agency on up to the Northern Region

near the Four Corners, across the beautiful Chuska mountains to

my home area of Lukachukai, AZ, and from there westward toward

the Grand Canyon. All these areas are a part of what we refer to

as Dine Bikeyeah, or the Peoples’ Land, and all have suffered and

continue to suffer the health and environmental impacts from uranium mining and processing.

This unfortunate legacy resulted from several past activities:

uranium exploration, the mining of uranium, either underground

or open pit mining, and the processing of the mined uranium done

at facilities that produced yellowcake for the U.S. nuclear weapons

arsenal. The legacy lingers, due to the current slow pace of cleanup

and the poor quality of remediation of known contaminated sites.

As stated, there are five former uranium processing sites spread

across the Navajo Nation. All of these sites were decommissioned

by the U.S. Government, meaning that radioactive mill tailings

were capped with clay and rock and left in place at or adjacent to

the former mill site. However, none of the sites were lined, no barriers were placed underneath the radioactive materials to keep the

radioactive waste from leaching into the groundwater. And we believe that is exactly what is happening.

We know there is radioactive and chemical groundwater contamination under all of these sites, and that in Tuba City, AZ and

Shiprock, NM, contamination is moving toward municipal drinking

water wells. We know that the Federal Government is working on

that contamination and claims that things will be better in 20 or

30 years. We also know that it is extremely difficult, if not impossible, to construct a solid or hazardous waste landfill in your home

State today in accordance with current environmental laws and

regulations unless that landfill was built with a liner to protect

your groundwater. Yet in my homeland, the Navajo Nation, we

have four unlined radioactive waste dumps threatening our

groundwater.

Not one of the four mill sites has been properly remediated with

contaminants removed from the living areas of the Navajo. As we

gather mounting evidence that these unlined landfills seep uranium waste into our groundwater, we watch the Federal Government dig up and properly remediate a similar site located near

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Moab, UT, which is outside of the Navajo Nation borders. Why is

this not happening on the Navajo Reservation? Are we seeing environmental justice in action once again?

Regarding former uranium mining, there are over 600 former

uranium mining sites, either on or within 1 mile of Navajo lands,

and there are over 1,200 mining sites or site features, such as contaminated waste piles, associated with these sites. Many of these

site features have been reclaimed, meaning that mine shafts have

been sealed and other physical site dangers addressed. Only one of

the abandoned mine sites has been thoroughly assessed in accordance with U.S. EPA Superfund program protocols, and that assessment has only been completed within the past year.

Waste from the mines and mills found their way over the years

throughout the Navajo Nation. Radioactive building materials have

been found in Navajo homes. Grazing animals drink water from

contaminated ponds. A public highway, New Mexico State Road

566, became contaminated with radioactive materials spilling from

mining trucks. A Geiger counter held while driving that highway

today will click and scream, revealing a radioactive public transportation corridor.

But these statistics do not tell the full story. I would like to

share with you two stories that illustrate the efforts being made by

the Navajo people to address deadly contamination that has been

largely ignored by the U.S. Government. The stories involve the

communities of Tuba City, located near Flagstaff, AZ, and Church

Rock, located near Gallup, NM. I will start with a demonstration

involving a sample of radioactive, contaminated soils we have had

shipped here from Tuba City/Rare Metals UMTRCA site. The sample was obtained by our consultant, Dr. Bill Walker. Navajo EPA

was left with no choice but to initiate its own site investigation, depleting our limited funds, after U.S. EPA refused to move forward

with its own assessment of the area.

I have also brought here the report that was finalized by Dr.

Walker, which has allowed us to move forward to begin a more

thorough environmental assessment in the Tuba City area. We will

leave copies here for the committee, not only for its scientific content, but as a symbol of the fact that any progress occurring in

both the Tuba City and Church Rock areas results from Navajo initiative, not Federal initiative. So the sample that we have here

today is obtained from the Tuba City area, a site that we call Highway 160, and I have in front of me an instrument that our Superfund program, the Navajo Superfund program, uses to detect radioactive contaminants.

It is important to understand that background is usually established as we search for samples or radioactive areas on the Navajo

Nation. In this particular site near Tuba City, background was established at about one or two micro-Rankins per hour, and the

sample, as recorded in the report, was determined to be about 30

micro-Rankins per hour. And this is an isolated sample that we

have brought here today. You can hear the beeping.

This particular device detects gamma radiation, and gamma radiation is all throughout the cosmos and the atmosphere, so it will

beep from time to time. The sample that I have before me is covered, and as we get closer to it, you will hear the detection device

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starting to recognize the gamma radiation from the source. I will

remove the cover and just let the device tell you what is going on.

[Detection device beeping rapidly.]

Mr. ETSITTY. This is a very basic instrument that we have within

our capability as a program. Oftentimes, when we do detect areas

on the Nation that are high, in this case it would be 30 times or

higher above background, it is definitely cause for concern and

more investigations. That is one of the reasons we have gone forth

and taken the initiative to provide this report.

Of course, the sounds that you heard are just a small demonstration that shows that Navajo families are living within oftentimes

a few hundred yards of materials that we are told we shouldn’t be

exposed to for more than an hour. But we have Navajo residents

that have been living in these areas for sometimes more than 40

or 50 years.

So the story about Tuba City is that it took Navajo funds, Navajo

EPA employees and Navajo local residents to get U.S. EPA’s attention and get them to admit that something needs to be done to protect Navajo citizens. The same thing happened in Church Rock.

Navajo residents were able to wrestle a small grant from a nonprofit organization to initiate a local monitoring project. Think

about that.

Lacking a properly funded U.S. EPA investigation, local Navajos

took it upon themselves to carry radiation detection devices across

our lands, these former uranium mining sites. As a result of their

work and the encouragement from our agency, U.S. EPA finally

recognized the need for emergency action and recently completed

the excavation of approximately 5,000 to 6,000 cubic yards of radium contaminated soils located next to and in some cases inside

Navajo residences. That is the good news.

The bad news is that about 300,000 cubic yards of the toxic

waste remains still on the mine site. We hope to have that addressed very soon.

So our problems are just now beginning to be addressed. I am

sure that you understand, and as you will hear from the other witnesses, that for many of these families that live next to these toxic

substances, it is very difficult to see a great deal of progress. But

I am here today, not only as a spokesman for the Navajo Government, but as an individual Navajo who has walked across these

sites, come to know the families and the people here, our witnesses,

feel their anger and has heard their stories of unexplained cancers,

kidney failures, birth defects and sores that don’t heal.

I am here before you to request your help in putting this pitiful

response to an obvious disaster to an end and to accept that the

Navajo Nation has proven that it is capable of being a true and

equal partner with the United States in restoring our lands and

our people to hozho, or harmony. But we can’t do it with our current woefully under-funded budgets and diminishing resources. We

can’t continue to have to beg the U.S. Government for help, only

to be rejected and have to prove time and time again that we know

our lands better than the Federal authorities.

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tary help. Navajo patriotism and Navajo per capita contributions to

American armed forces are now and always have been unsurpassed. It is time for America to support the people who support

America.

We are a people who have a treaty with the Government of the

United States, the Treaty of 1868. It is sacred to our people and

we have always honored our obligations under that treaty. The

presence of unpermitted and unlawful hazardous waste dumps on

our lands amounts to a taking of our lands in violation of this treaty. We now look to the Government we have faithfully served to

honor its obligations.

Thank you, Mr. Chairman, for your leadership and attention. I

would also like to thank my staff of the Navajo EPA for their help.

[The prepared statement of Mr. Etsitty follows:]

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Chairman WAXMAN. Thank you very much, Mr. Etsitty.

Dr. Brugge.

STATEMENT OF DOUG BRUGGE

Dr. BRUGGE. Good morning, Chairman Waxman and members of

the committee. My name is Doug Brugge. Just to give you some of

my credentials, because I will be speaking as a technical witness:

I have a Ph.D. in cellular and developmental biology from Harvard

University and an M.S. in industrial hygiene from the Harvard

School of Public Health. I am currently an associate professor in

the Department of Public Health and Family Medicine at Tufts

University School of Medicine. I also direct the Tufts Community

Research Center.

I have over 20 academic publications about uranium and the

Navajo people, including a 2006 book that I co-edited, entitled,

‘‘The Navajo People and Uranium Mining.’’ I have focused on the

Navajo situation with uranium because it amounts to such a large

crisis for the Navajo Nation.

Appearing before this congressional hearing today reminds me of

the long history of hearings beginning in the 1960’s and continuing

through the 1970’s, 1980’s and 1990’s that sought and eventually

achieved a semblance of compensation for Navajo and other uranium miners. I am deeply saddened by the fact that so little has

been accomplished over those decades to eliminate the health hazards faced by the enormous quantities of uranium waste in the

Navajo Nation. There has been too little research on the health impacts of uranium mining in Navajo communities. One study underway, for example, will mostly assess kidney disease, but not birth

defects, cancer or neurological problems.

Today, as we begin the public process of addressing community

exposures, I can only hope that the path for the Navajo communities is shorter than the one traveled by the uranium miners and

their families.

I will now spend a few minutes describing the hazards faced by

the Navajo people today. Clearly, uranium ore is a toxic brew of

numerous, nasty, hazardous materials. Uranium itself is highly

toxic and gives rise, as has been mentioned earlier, to a series of

other radioactive decay elements that are found in raw, natural

ore. Most significant among these are radium and thorium, both of

which are highly radioactive. When radium decays, it produces

radon gas, a highly potent toxicant. Because it is a gas and becomes airborne, when radon decays it transforms into a series of

highly radioactive radon daughters that can lodge in the lungs.

The primary heavy metal toxicants in uranium ore, that is the

chemical toxicants, include uranium itself and arsenic, as well as

vanadium and manganese, among others. During the first phase of

processing uranium, most of the uranium is removed, leaving behind mill tailings which retain most of the other toxic contaminants from the ore. This is what you have heard the Honorable Mr.

Etsitty speaking about.

The milling of uranium is an industrial process that involves

crushing and grinding of the rocks and the addition of acids and

organic solvents to facilitate concentration and removal of uranium.

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Hence, uranium mill tailings and mill tailing effluent are not only

high radioactive, but also acutely hazardous.

The health effects of uranium and its associated radioactive

decay products and the heavy metals in uranium ore have been

studied extensively. Many of them are proven or near-proven to

have causal links with health effects. I will list only a few of these.

One is radon, which causes lung cancer, and in fact is the primary

source of lung cancer among Navajo uranium miners. Two is uranium, which is a heavy metal that causes damage to the kidneys,

as you have heard previously; there is also strong evidence that it

causes birth defects and may cause changes to the bones as well.

Three is radium, which causes bone cancer, cancer of the nasal sinuses and mastoid air cells and leukemia, among other things. And

four is arsenic, which causes lung and skin cancer, as well as

neurotoxicity, hyper-pigmentation and hyperkeratosis of the skin.

There may be many other negative health effects from exposure

to uranium and its byproducts. In short, there is a clear causal link

between uranium ore exposure and human health. The Navajo people, continually exposed to uranium and its byproducts, even today,

face grave threats to their health.

I would like to conclude with some observations about the Navajo

community of Church Rock, both historical and present day.

Church Rock, as you have heard, is located outside of Gallup, NM,

in the Navajo Nation. The Church Rock tailings spill, also as mentioned previously, is the largest release of radioactive waste in the

history of the United States. This release was substantially larger

than the release at Three Mile Island, which happened about 4

months before the release at Church Rock. It is interesting to me

that this incident has been virtually ignored in the press and even

in the scientific literature.

For the people in Church Rock and other Navajo communities

contaminated for decades with uranium ore tailings, there are no

good options. Too much harm has already been done. But there are

ways we can gradually make things better, so that maybe the children and grandchildren of the Navajo uranium miners are not still

grappling with this toxic legacy. A good start would be to provide

sufficient resources to secure or remove contamination at these

hazardous waste sites, and to do so in a manner that prevents additional exposure to nearby residents. Congress should fund the

Navajo Nation and Federal health agencies to provide resources for

health studies as well, among the tens of thousands of Navajo community members who live next to abandoned mines and mill sites.

I leave you to ponder a simple observation about this egregious

situation. As terrible as the health effects that we know arise from

toxins and uranium tailings, there are almost certainly additional

ways that the health of the Navajo people living near uranium mill

and waste sites has been affected. If we are to understand the full

extent of this injustice, we will also need additional health studies.

Thank you.

[The prepared statement of Dr. Brugge follows:]

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Chairman WAXMAN. Thank you very much, Dr. Brugge.

Mr. King.

STATEMENT OF LARRY KING

Mr. KING. Good morning, honorable members of this committee,

and honorable Chairman Waxman. [Greeting in native tongue.]

My name is Larry J. King. I am 50 years old. In the Navajo clan

system, Edith Hood, who is sitting here next to me, is my sister.

I was born and have lived all my life in a traditional Navajo community called Church Rock Chapter, which is located a few miles

northeast of Gallup, NM. In the Church Rock area, we raise sheep

and cattle in the traditional Navajo way. I still raise cattle on the

land my father left to me and my two sisters.

Between 1975 and 1983, I worked for United Nuclear Corp.

[UNC], as an underground mine surveyor and mill worker. I am

currently employed as a water system technician. I have been active for my community on uranium issues for the last 10 years.

Church Rock and its neighboring communities of Pinedale, Coyote Canyon and Iyanbito have suffered widespread impacts of past

uranium mining. As you have already heard, the biggest spill of radioactive waste in the United States occurred in our community

July 16, 1979, only about 2 miles from where I live. The contaminated fluids that escaped from the UNC uranium mine tailings

pond ran right through our property, in the Puerco River, where

we watered our livestock. I remember the foul odor and the yellowish color of the fluids. I remember that an elderly woman was

burned on her feet from the acid and the fluid when she waded in

the stream while herding her sheep.

Many years later, when water lines were being installed in the

bed of the Puerco River, I noticed the same odor and the same color

in a layer about eight feet below the stream bed. To this day, I

don’t believe the contaminations from the spills have gone away.

Our community also continues to suffer from the poisons left from

the mining operations that began in the early 1950’s. There are

about 20 abandoned uranium facilities in the Church Rock area.

More than half of those were developed by companies that sold uranium ore to the U.S. Atomic Energy Commission for use in the Nation’s nuclear weapons program, and have not been cleaned up.

I think many of us knew in our hearts that we lived in a contaminated area, but it wasn’t until 2003, when the Chapter started

the Church Rock Uranium Monitoring Project [CRUMP], that we

found out how bad the problem was, and still is, with the assistance of many outside organizations and the agencies which sample

our air, water and land. I submitted a copy of a recent Power Point

presentation that summarized many of the CRUMP findings. You

should have that in your possession already.

Let me tell you about just two of those in the time I have today.

The first is that the Old Churchrock Mine, which is located within

a quarter mile of my home and the homes of my two sisters, remains highly contaminated and has never been properly cleaned

up. In the CRUMP survey, which I was trained for and participated in, we found high levels of gamma radiation, up to 16 times

what is considered normal for the area outside of the mine site,

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even on my grazing land, which is immediately adjacent to the

mine.

The Old Churchrock Mine was once operated by the Phillips Petroleum Co. and UNC. It is now occupied by Hydro Resources, Inc.

[HRI], which has received a Nuclear Regulatory Commission license to build a uranium in situ leach mine there. Two years ago,

the NRC ruled that the radiation from the site doesn’t have to be

included in the public dose calculations, that the wastes there are

now part of ‘‘background’’ as though the Great Spirit had placed

them there from the beginning of time. NRC said it doesn’t regulate mine waste. I guess its mandate to protect the public health

and safety just doesn’t apply to us Navajos.

The second major finding of our CRUMP study was that the soils

around some of the homes of my relatives in the Red Water Pond

Road area, where Edith Hood lives, were also contaminated with

high gamma radiation levels and with uranium in amounts of up

to 30 times what is considered natural. Two abandoned mines lie

on both sides of this community. One, the Northeast Churchrock

Mine, was operated by UNC and is now owned by General Electric

Co. A Navajo residence is about 500 feet away.

As Edith Hood will tell you in her testimony, there is much sickness among the residents of her community: cancers, kidney disease, and miscarriages. We believe that all these illnesses are related to the past mining and milling operation, but it is difficult to

prove because no comprehensive health study has ever been done

in our community. My own family suffered during the uranium era.

One of my uncles and his in-laws were all killed when their car collided with a uranium ore truck on New Mexico State Road 566,

about a mile south of the UNC mill in 1975. Two years later, my

brother was killed in a head-on collision with a uranium ore truck

at the gate to the old Churchrock Mine.

As a former underground mine surveyor for UNC, I often worry

about my own health. I am not, and never have been, a smoker,

but in the past year, I have developed breathing difficulties. My

doctors can’t find anything wrong with me—yet. I don’t have

enough time to tell you how bad the conditions were for the workers at UNC and how the company was not concerned about the

safety of its employees. I will tell you that as a kid, I played on

the big piles of ore and mine waste across the road from our home,

unaware of the dangers.

On behalf of my community and my family, I beg that you do

something to end this horrible experiment that the nuclear industry and the U.S. Government have been carrying out on the health

of the Navajo people. I beg you to support our Navajo law and

order the NRC to deny permits to companies that want to mine

uranium in the Navajo communities again. Many of our elderly do

not speak English, but we all know that what is happening is

wrong. Please help us see that justice is done for our people and

our communities.

Thank you.

[The prepared statement of Mr. King follows:]

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Chairman WAXMAN. Thank you very much.

Ms. Hood.

STATEMENT OF EDITH HOOD

Ms. HOOD. Good morning, Mr. Chairman and everyone who is

here.

There is no place like Dinetah, a place of the Naabanis. But if

you are not from the Rez, you don’t know the white dawn of morning, you don’t know the clear blue sky, an autumn twilight and the

twinkling stars of the night. Where I am from, there are pinon-covered mesas, our beautiful and sacred mountains, sandy deserts.

Where I am from, in a place called Red Water Pond, there is also

yellowcake, uranium waste and sickness. I live about 12 miles

north of Church Rock on the Navajo Reservation, between two

abandoned mine sites.

I grew up with cultural teachings of a loving grandfather, a medicine man, a traditional leader. He taught us to respect Mother

Earth, for she gives all the necessities of life. There is a Navajo

concept called hozho. Hozho is how we live our lives. It means balance, beauty and harmony between us, the Five-Finger people, and

nature. When this balance is disturbed, our way of life, our health

and our well-being all suffer. The uranium contamination and mining wastes at my home continue to disrupt hozho.

I think it was in the 1960’s, when I was only a teenager that

strangers arrived. I remember Grandma running to stop them from

making roads into the wooded areas. The stakes she drove into the

ground did not keep them out. No one ever told her what was happening. The exploratory drilling people had arrived. There was no

respect for people living there, and certainly no respect for Mother

Earth.

Today, as I pray in the early morning dawn, there is a man-made

mesa of radioactive and hazardous waste about a quarter of a mile

northeast of my residence. In the other direction, to the south,

about 1,000 feet away, is another mound of uranium mining waste.

At least the one to the northeast has some dirt on top. The one to

the south has been left uncovered since it was created in 1968, and

since the company stopped mining 25 years ago. From my front

yard, I can see these waste piles. This waste seems to be piled everywhere. There are mountains of it, 50, 60 feet high. These are

the tailings, or the muck of pulverized uranium ore. I don’t know

what else is in them.

They told us it is low-grade, that most of the uranium has been

extracted from it. This stuff is spread by wind and water. We

breathe it and live with it every day. Our community continues to

live under these conditions. The mining companies have gone, but

there is still equipment and tools, concrete blocks, pieces of protective clothing, brattice cloths, bolts, mesh wire and the vet bags

sticking out of the earth, scattered about.

My family and relatives live among these sites. Children still

play in the fields and ditches among the rocky mesas and the arroyo that once carried contaminated mine water. The sheep still get

through the fence that is supposed to barricade these uranium

mine tailings, and yet we still eat the sheep for mutton.

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These places are still contaminated. I know because I learned

how to survey the ground for radiation when our community got involved in a monitoring program in my area 4 years ago. I know because the Government people told us it was. I watched as the EPA

people dug up the contaminated soils from around the home of my

sister and other relatives this May.

I worked at the Quivira, also known as the Kerr McGee Mine,

2,000 feet underground with a geology unit. I was diagnosed with

lymphoma in the summer of 2006. My father has pulmonary fibrosis. My mother was diagnosed with stomach cancer. My grandmother and grandfather died with lung cancer. Many of my family

members and neighbors are sick, but we don’t know from what.

Today there is talk of opening new mines. How can they open

new mines when we haven’t even addressed the impacts and environmental damage of the old ones? Mining has already contaminated the water, the plants and the air. People are sick and dying

all around us.

Waste is seeping into the ground and may have already reached

the underground water supply. I think about the shaft and vent

holes that brought out exhaust from underground, where they cemented and sealed. If so, was the work done properly? If not, could

there be poisonous gases escaping from these vents? Is the shaft

acting as a passageway to the groundwater?

We need your help to clean up the mess that the mining companies and the U.S. Government have burdened us with. We need

help to stop mining companies from coming in and making new

ones. We need to restore hozho, so that we may live in balance and

harmony with each other and nature, as Navajo people and as

Dine.

[The prepared statement of Ms. Hood follows:]

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Chairman WAXMAN. Thank you very much.

Mr. Harrison.

STATEMENT OF PHIL HARRISON

Mr. HARRISON. Good morning, honorable members of this committee and Honorable Chairman Waxman.

My name is Phil Harrison, and I reside in Red Valley, AZ. I am

57 years old, and an enrolled member of the Navajo Nation, a veteran of the U.S. Armed Forces and an elected delegate to the 21st

Navajo Nation Council.

I am not here today as an official representative of the Navajo

Government. I am here as a private citizen, a proud citizen of the

Navajo Nation and a proud citizen of the State of Arizona, and a

proud citizen of the United States of America. I am here to tell a

story. In one sense, it is my story. But in a broader sense, it is a

story of my people.

I am also here to look forward, not backward, and to tell you

what I think needs to be done to assist my people and my land in

recovering from the devastation caused by short-sighted and in

some cases mean-spirited people who put their own private interests first and ignore the fact that their choices and decisions would

result in an inhumane experiment being conducted on indigenous

people.

I grew up in the uranium mining camps. I drank uranium-contaminated water from those mines. We washed our clothes in uranium-contaminated water. I watched children going into the mines

and playing on the waste piles. We made our coffee with the uranium-contaminated water. In all likelihood, I have continued to

drink uranium-contaminated water through the years.

For example, there are two wells in Cove, AZ, near where I live.

Both tested positive for uranium and other radionucleides. One of

the wells was closed by Indian Health Service, but with the other,

all they did was blend the water with water from another source

and tell us the problem was resolved.

My father started working in the uranium mines in about 1950.

I worked in the uranium mine in the summer of 1969. I saw cisterns in the mines and watched miners drink three to four cups of

water a day from the mine.

My little brother, Herman James Harrison, died of a stomach ailment at the age of 6 months. He drank the contaminated water.

Please realize when I tell you about uranium-contaminated water,

we are not just talking about a situation that occurred 30, 40 or

50 years ago. We are talking about a situation that is occurring

today in places like Tuba City, AZ and other places throughout

Navajo Indian Country.

The experiment on our health and welfare being conducted with

the complicity of the U.S. Government continues. We are an indigenous people. We raise sheep and cattle. We drink water where we

find it, and the sad story is that there is, in all likelihood, plenty

of uranium-contaminated water to be found on our land. I know

many people suffering from kidney problems, and I wonder if they

are drinking contaminated water.

The Navajo people revere Mother Earth as sacred within a highly spiritual context. So when uranium mining occurs, it is considVerDate 11-MAY-2000 12:40 Jan 30, 2009 Jkt 000000 PO 00000 Frm 00086 Fmt 6633 Sfmt 6633 C:\DOCS\45611.TXT KATIE PsN: KATIE
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ered ripping out the guts of Mother Earth. For the Navajo people,

sacred sites are the foundation of all our beliefs and practices, communing with higher spiritual powers, because they represent the

presence of the sacredness in our lives. It properly informs us that

we are not greater than nature and that we have a responsibility

to the rest of the natural world that transcends beyond mere

human desires. The more we destroy our Earth, we shall have to

learn a bitter lesson in the future.

My father died of lung cancer in 1971 at the age of 46. My cousin’s father, also a mine worker, died of lung cancer at the age of

42. All my brothers and sisters have thyroid problems and disorders. They did not work in the mines, but they grew up in places

around contamination. I had scarring on my left lung in 1999 and

my kidneys failed. I was on dialysis until 2001, and I received a

kidney transplant from my sister. My story is not unusual. I only

worked in the mines for a few months, but I have lived in the uranium mine waste land all my life. This is the story of my people,

a people whose patriotism and loyalty to the United States of

America is unparalleled. Code Talkers are finally being recognized

in the movies and the newspapers for the heroes that they are. Yet

I have known some of these very same Code Talkers who have suffered and died from diseases caused by continued experiments on

my people. When will this experiment end?

I don’t know what will happen next to me. I suffer from a skin

disorder that I have been told is connected with exposure to uranium. I don’t know what if anything will happen as a result of the

scarring on my lung. I consider it to be very lucky to be here today,

and in one sense, I consider myself to be in great shape for the

shape I am in.

Having said all this, I believe that I lead my life looking forward

and not backward. You have the power to change things. You have

the power to end this tragic experiment. Here are some of the steps

that you can take, starting today, to bring life in what we call Dine

Bikeyeah back into harmony. And harmony, or hozho, is perhaps

the most central concept in our view of the world.

You can support the proposed amendments to the Radiation Exposure Compensation Act of 2000 as set forth in the exhibit to be

submitted with my testimony. You can remove the illogical barriers

to provisions of compensation to former Navajo uranium workers

and their families. For 65 years, since 1942, Navajo men, women

and children have been subject to the catastrophic health effects of

exposure to uranium mining and milling and the effects of the

downwind exposure to nuclear test sites. This has benefited the

United States, but has been a tragedy to the Navajo Spirit. It is

too late to help those like my father who have died from this devious exposure. Apologies are appreciated; however an apology is hollow without just compensation. Please change the laws to allow justice for the Navajo people. You can also support the measures set

forth in the testimony of our Resources Committee chairperson,

George Arthur.

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It has been about 25 years since the last mine closed. My people

should not have to wait another 25 years for the Federal Government to accept the responsibility that it should have accepted many

years ago.

Thank you very much, Mr. Chairman.

[The prepared statement of Mr. Harrison follows:]

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Chairman WAXMAN. Thank you very much, Mr. Harrison.

Mr. Manygoats.

STATEMENT OF RAY MANYGOATS

Mr. MANYGOATS. Good morning, Mr. Chairman. My name is Ray

Manygoats, and I am 53 years old. I live near Tuba City, AZ, on

the land where my family has lived for many generations.

A uranium mine was built near our home and the home of other

family and community members when I was a young child. My father and other family members were recruited to work in the mill.

They had no training or background in the processing of uranium.

The Rare Metals Corp. of America promised to train my father

and other family members to keep them safe. But these promises

were lies. The company failed to protect my father and the other

workers. I am told the Department of Energy and the U.S. Environmental Protection Agency and the Bureau of Indian Affairs all

had promised to guard our health to make sure that we would not

suffer from the consequences of uranium mining and processing.

But our land today is poisoned. Today, I am a man who has lost

his health and family, and that is just a way of life because of uranium. I am here today to ask you to stop the suffering and the

needless death of my people.

On our homeland near what is now called Tuba City, AZ, we

cared for our grandparents, herded sheep, planted vegetables and

raised our children. As a young boy, I remember seeing the Rare

Metals Mill, which had been built across the highway from our

home. My father was recruited to work at the mill. The company

provided him with a uniform that he was asked to wash at home.

When he would come home each day, he was covered with yellow,

thick dust. Each day, we would wash his uniform. To wash the uniform, we would gather water near the uranium mill. We scrubbed,

but the uniform was always yellow with dust.

The Rare Metals Mill had no fence around it. Our horses, sheep

and livestock would graze on the grass growing in and around the

mill. We planted and ate food grown in the area. As we had done

for generations, we made use of what we found around us. We

cooked on grills my father brought back from the mill. These grills

had been used to sift the yellowcake uranium. My father also

brought home large metal drums from the mill. We played in the

drums and used them to store our food and belongings.

My brother Tommy and I would often bring lunch to my father

at the mill. Yellow stuff was always everywhere. I saw liquids bubbling and tried to stay away from them. But 1 day my sister Daisy

walked through one of the open ponds near the mill and burned

her feet.

We would play in the yellowcake sand near the mill, jumping

and rolling around in it. We also found many small metal balls at

the mill. The balls were used to crush and process the uranium.

We played marbles with them and had contests to see how far we

could throw them.

My father began to have trouble breathing. His breathing troubles never went away, even after the mill was closed. I have always

had problems with my ears and eyes. I have had surgery three

times to remove growths from my eyes and I have sores on my

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ears. Many of my sisters and brothers also have problems with

their eyes. I lost my mother to lung cancer and stomach cancer

that grew inside her lungs and throughout her body. Another family member, Lucille, was never able to grow hair and has worn a

wig all her life.

Today, I still live in the same area, the land of my family. The

mill is no longer in operation but the waste from the mill is everywhere. Today I walk the land and see streaks of yellowcake uranium in our washes and our topsoil. It is always windy, and the

wind blows the earth into the air. I see the uranium marbles of my

youth in areas where trucks dumped materials and waste from the

mill back across the highway into our land. I see in the ground old

rusting chemical barrels and cables that were once used to operate

the mill.

We now know that we are sick because of the uranium. Now people come with machines called Geiger counters and they click and

make noise. The noise tells me what I already know: that my family’s land is poisoned. But no one helps us to remove the poison. I

am here on behalf of my community to ask you for your help; to

ask that we move past promises to actions, actions that may save

our children from the sickness and the poison that we are now living with.

Thank you.

[The prepared statement of Mr. Manygoats follows:]

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Chairman WAXMAN. Thank you very much, Mr. Manygoats.

Let me thank all of you for your presentation to us. You have

given us very powerful testimony. And all of us here feel empathy

with you and your family and people we haven’t even met who we

know have suffered. I have to say that I feel enormous shame that

the Federal Government has treated the Navajo Nation as poorly

as it has.

I want to ask some questions. And each Member will have a

chance to ask questions as well.

Mr. King, Church Rock, NM is a few miles outside the Navajo

Reservation, and there is an abandoned uranium mine there now.

It is called the Northeast Churchrock Mine, and it was the largest

underground uranium mine in the country. You worked there for

8 years, is that right?

Mr. KING. Yes, sir, 7 years underground and 1 year at the mill

site.

Chairman WAXMAN. And Ms. Hood, you lived your whole life in

the immediate area near that mine, is that correct?

Ms. HOOD. Yes, I have.

Chairman WAXMAN. Mr. King, the mine was operated by the

United Nuclear Corp. [UNC]. Did UNC clean up the mine site

when it closed it in the 1980’s?

Mr. KING. No, sir. We have been conducting tours and we have

also been in contact with the former worker. He was one of the last

few to go. He tells about a lot of contaminated materials that he

had to bury, per instructions from the supervisor.

Chairman WAXMAN. But the company that ran the business, they

closed it and they never cleaned it up?

Mr. KING. They never cleaned it up. Everything is still there.

Chairman WAXMAN. Everything is still there, including, Ms.

Hood, mounds of ore waste from the mine, is that right?

Ms. HOOD. Yes, that is right.

Chairman WAXMAN. How high are some of these mounds?

Ms. HOOD. Fifty, 60 feet high.

Chairman WAXMAN. Is it hard, solid, or is it dusty?

Ms. HOOD. In part, it is hard. Then in the soft parts, well, when

the wind blows, you can see it in the air.

Chairman WAXMAN. When the wind blows, where does it blow

the dust from that mound of ore?

Ms. HOOD. To the homes that are nearby.

Chairman WAXMAN. And how far away is this mound from your

home?

Ms. HOOD. About 1,000 feet.

Chairman WAXMAN. Can people walk up to that pile?

Ms. HOOD. Yes, they can.

Chairman WAXMAN. And do children sometimes play in that pile?

Ms. HOOD. Yes, they do.

Chairman WAXMAN. Now that people know better, I assume they

try to keep the kids away?

Ms. HOOD. We try to do that, but children still get up there.

Chairman WAXMAN. People have sheep and when the rains come,

do they cause some of the erosion of the mounds to go into the

water where the sheep drink?

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Ms. HOOD. Yes, it does. The water comes back down into the

ditches or the ground and into the plants where the sheep graze.

Chairman WAXMAN. We heard earlier that when the U.S. Environmental Protection Agency tested the mine area, the radium levels were 270 times the EPA standard. That is a very exceptionally

high cancer risk. When the wind blows, people breathe this in.

When the water runs in there, the water runs over the piles and

it goes into the ditches, into the river; livestock drink from the

water. Have you seen any impact on any of the livestock, the lambs

or any of the other animals?

Ms. HOOD. Yes, we have. We have lambs that did not have wool,

hair, but they died within days. And we have butchered sheep and

in one case the fat was yellow, which is not normal.

Chairman WAXMAN. So people get exposed in many different

ways. You described some of the health effects in your family.

Could you just go through those again?

Ms. HOOD. OK.

Chairman WAXMAN. You yourself?

Ms. HOOD. I myself have had lymphoma, went through chemotherapy. And my father has pulmonary fibrosis. My mother was diagnosed with stomach cancer and my grandparents both had lung

cancer.

Chairman WAXMAN. And there are eight other families that live

near you, is that right?

Ms. HOOD. Yes.

Chairman WAXMAN. I am very sorry to hear what you are telling

us. The U.S. Environmental Protection Agency obviously needs to

clean up this area. It is absolutely unacceptable that you and other

American citizens, have continued to be exposed to the mine waste,

radioactive dust and contaminated water. This is really just unacceptable. That is why I hope this hearing will lead to some clear

result, a final cleaning up of this area. Thank you very much. I

thank all of you.

Mr. Issa.

Mr. ISSA. Thank you, Mr. Chairman, and thank you for both

shedding light on it, and I look forward to the second panel to find

out whether oversight is sufficient or whether reform will be necessary. Certainly uranium is not the only contaminant that we deal

with in America. I grew up in Ohio, where quite frankly, the side

effects of coal, which today still gives us 51 percent of our electricity, has left us with polluted water, particularly water generating high lead contents. As Arizonans, I know you deal with arsenic

as a naturally occurring but clearly carcinogenic poison.

We have an obligation to make sure that either the companies

that mined those facilities or the U.S. Government, if necessary,

clarify what the responsibilities are and get it fixed and get it

fixed, in a timely fashion. And on a bipartisan basis, you have an

assurance from this committee that, not just when we hear from

the EPA in the second panel, but on an ongoing basis, this is something that once started, I believe that we will continue to work on

until we get you a resolution.

I do have one question for Mr. Harrison. Because in my briefing

book, it said that cancer rates now have dropped below the national

average. What would you say, or from your experiences, and maybe

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this isn’t for you, but how much of that is a result of the stopping

of mining, how much is the result of cleaner water and how much

is some other basis? Because I know the EPA is going to come in

and say, we are doing better, things have been done. I would like

to have a feel for whether that anecdotal information is something

you think is real or whether there is more to be done besides what

you have covered here today.

Mr. HARRISON. Thank you. I am not a technical person, but I live

in the midst of all my Navajo people, friends and relatives. I hear

stories almost every day about who gets diagnosed with kidney failure, who has cancer. I know these are coming from communities

that dealt with uranium mining. I have not seen anyone from the

eastern side coming in saying that, I have lung disease or I have

cancer. It mainly has been from the community people who have

dealt with the uranium.

Mr. ISSA. OK.

Doctor, you are one of the technical, although not quite the perfect one, I mean, the information we received seemed to be more

than anecdotal. To what do you attribute the drop to lower than

the national average in cancer overall for the Navajo?

Dr. BRUGGE. I am not exactly sure which statistics you are referring to. One of the things that keeps lung cancer, in particular, levels low in the Navajo people is that smoking is very low. And one

of the truly striking findings from research to date about uranium

mining is that is a conclusion which is in the scientific literature

and I agree with, and I think most of us who have worked on the

issue would agree with, that for the Navajo people, uranium mining is the largest single cause of lung cancer. That is an unusual

finding, because in most other populations, smoking would be either a major contributing factor or the major factor.

Mr. ISSA. So in your case, you would suggest we look at the higher incidence of kidney as perhaps not offset by lifestyle, where the

lower incidence of lung cancer is partially offset by lifestyle?

Dr. BRUGGE. There is no question in the Navajo population that

most of the lung cancer historically has been caused by uranium

mining. And there is no question that uranium is clearly a kidney

toxicant and that studies in other communities that are exposed to

uranium in drinking water have shown associations with kidney

disease. The study that is currently underway in the Navajo area

and the Eastern Agency is not completed yet. When its findings

come out, I think we will know more about the magnitude and the

nature of the association with kidney disease as well.

Mr. ISSA. I appreciate that.

Mr. Chairman, I think the case has been made very well, and I

look forward to getting to the second panel to see what is going to

be done to clean up these sites. I yield back.

Chairman WAXMAN. Thank you very much, Mr. Issa.

In fact, Dr. Brugge, as I understood it, people at one point

thought Navajos were immune to lung cancer because there was so

low an incidence of lung cancer in the communities.

Dr. BRUGGE. Right. I think that would have been in the 1960’s

when there was not a full understanding of all of the etiology of

lung cancer.

Chairman WAXMAN. Before the exposure to the uranium mines?

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Dr. BRUGGE. Well, it was pretty clear by the early 1960’s that

uranium miners were developing lung cancer in the United States,

including Navajo miners. It was clear 30 years before that or 50

years before that, that in Europe, uranium miners developed lung

cancer and died. So the relationship between mining and lung cancer has long been established and is one of those associations that

is very, very strongly proven.

Chairman WAXMAN. Thank you.

Mr. Yarmuth.

Mr. YARMUTH. Thank you, Mr. Chairman. I want to thank all the

witnesses as well.

I must say that in my 10 months on this committee, I have sat

through a lot of hearings that made me sad and angry. But I am

not sure that any hearing has shocked me as much as this one.

This is truly a stunning example of failure on the part of our Government. I commend the chairman and Members of both parties for

wanting to get to the bottom of this and to make sure that our Government responds in the way it should.

We have heard from Ms. Hood and Mr. King about the contamination at the Northeast Churchrock Mine and about all the disease

and health problems that have occurred there in proximity to that

area. I would like to ask a little bit about the efforts of the Environmental Protection Agency to clean up that site.

Mr. Etsitty, this is apparently, as I understand it, the only abandoned mine site in Navajo Country that the EPA is working on, is

that correct?

Mr. ETSITTY. That is correct, in terms of getting to a cleanup.

But we have been working with EPA on a more comprehensive inventory of many sites. But the Northeast Churchrock Mine site is

the one that we have actually begun turning dirt on and removing

contaminated soils from.

Mr. YARMUTH. According to EPA, so far the agency has removed

about 6,000 cubic yards of uranium-contaminated soil from the four

properties. That doesn’t sound like a lot of removal to me, when we

hear about mountains of soil that are 50, 60 feet high. Is this just

a drop in the bucket and what remains to be done, in your opinion?

Mr. ETSITTY. Thank you, Representative Yarmuth. The amounts

are the beginnings of a process that is going to continue. It was determined that initially, we would concern ourselves with cleaning

up 135 acres of the Northeast Churchrock Mine site. But my staff

and our agency pressed, because we knew that there were residences nearby to the north of the mine site. We did get additional

analyses done to determine that those residences did indeed have

a problem. We worked with U.S. EPA to take care of that in a time

critical fashion, knowing that there is still a lot of work left to do

at the mine site.

We have yet to remove any contaminated soil from the mine site.

We have done work to characterize the levels of contamination

across the 135 acres. But the 6,000 cubic yards you are talking

about does reduce much of the exposure risks that the residents

have been living with for all these years, and puts it to a much

safer level and gives us now the opportunity to turn our attention

back to the mine site.

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We do expect to work with EPA to make a final determination

as to the actual remedy that will be applied to the mine site. And

we do this, knowing full well that the residents will be concerned,

since they still live in close proximity, that any recontamination

may occur. We are going to do our best to work with EPA to avoid

that.

But there is still a considerable amount of work to clean up surface soil. It is going to be costly. It is going to take a lot of engineering. And we are looking for adequate disposal capacity in the

region, in the western United States. We would like to have all this

contaminated soil moved off the nation.

But as I close, we are talking just about soil, surface soil contamination. There are other questions regarding subsurface and

groundwater that we haven’t started to examine fully yet.

Mr. YARMUTH. Is there any way you can estimate what percentage of the problem has been rectified by removing the 6,000 cubic

yards?

Mr. ETSITTY. It would have to be a figure less than 1 percent.

Mr. YARMUTH. Thank you.

Dr. Brugge, I would like to ask you one question, because Ms.

Hood talked about solving these problems for future generations. I

am curious as to whether there is any way to know what the longterm ramifications of these health problems are for future generations. Is this something that generations are going to be affected

by, even if we were to clean it all up today?

Dr. BRUGGE. I am afraid that is certainly possible. Especially

with uranium itself, there is increasing evidence, and has been evidence for about 15 years and that is growing, that it is associated

with birth defects; most recently, that it may be an estrogenic compound. So based on that, I think you are right, there is a concern,

and there may be a health legacy that is passed on even after these

sites are remediated.

Mr. YARMUTH. Thank you. My time is expired. Thank you, Mr.

Chairman.

Chairman WAXMAN. Thank you, Mr. Yarmuth.

Ms. McCollum.

Ms. MCCOLLUM. Thank you, Mr. Chair.

Mr. Arthur, Mr. Etsitty, Dr. Brugge, Mr. King, Ms. Hood, Mr.

Harrison and Mr. Manygoats, I apologize for the disruption and my

leaving for a while, but I was called on the floor to vote. I want

you to know that I read your testimony and it was no disrespect

that I left while you were speaking.

You have all suffered greatly, and in my opinion, needlessly for

corporate greed and for our Nation’s weapons program. I am personally embarrassed at the lack of concern for the Navajo people

who lived and continue to live, those who have passed, I offer my

condolences to your families for your loss. As you pointed out, the

Navajo have stood valiantly by the United States in their time of

need. As an American, I thank you for that.

I can’t go back and change the past, but I am here today to do

what I can to make a better future for our children and for our

planet. So I am going to ask you, and I would like you to be as specific as possible—I am sure my colleagues will followup with more

extensive questions—what you think the Federal Government

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needs to be doing? Flying overhead in helicopters and taking photographs and doing very cursory studies of where there may or may

not be uranium waste is not my idea of doing a full-scale cleanup.

What do you think needs to be done in health effects, studies,

care, treatment, cleanup of water and land? And I understand

there are tunnels underneath that connect some of the water. Are

you concerned about the rising costs of uranium right now on the

market and the pressures that might come to be, when this problem has not been addressed fully?

I will just listen. Thank you.

Mr. ARTHUR. Mr. Chairman, members of the honorable committee here, I would also like to recognize our Congressman, the Honorable Mr. Udall, also the Honorable Mr. Matheson, who are

present in this room. The Navajo Nation asks for a few things. I

had stated in my closing remarks that I would be willing to discuss

those issues and also recommendations.

First, we would ask the Federal Government to establish a moratorium on any uranium mining and processing in Navajo Indian

Country, as we have established legislation of our own that bans

that. We also ask that until the following things happen, that the

human costs of past activities be adequately addressed and compensated when the Navajo Nation and EPA have jointly determined that all contaminated sites have been cleaned up, consistent

with their standards.

Second, the United States should provide funding for at least 20

full-time employees and should detail up to 20 Federal environmental specialists at the Navajo EPA offices to address groundwater, surface and air and human health impacts of prior uranium

mining activities with an appropriation of at least $5 million for

overhead and indirect costs.

Third, all contaminated materials at the four so-called UMTRCA

sites on the Navajo Nation should be removed and disposed of offreservation in the same manner that our Honorable Congressman’s

State of Utah, and several other UMTRCA sites in non-Indian

areas.

Fourth, the Federal Government should fund and conduct comprehensive health assessments and site assessments at all 520 or

so abandoned uranium mines in Navajo Country. Fifth, there is

sufficient data available today showing an urgent need to take comprehensive remedial action at the Tuba City and Church Rock

sites, and that action should be mandated.

Finally, based on the costs of cleaning up comparable sites, the

Navajo Nation estimates that an initial appropriation of $500 million is needed for the cleanup of radioactive waste throughout the

Navajo Nation. In conclusion, Mr. Chairman, I would just state

again that in this room, there are honorable members of this committee, as well as highly intelligent staff that are associated with

you as individual representatives. I heard earlier that maybe you

do not represent us directly. But as elected officials, such as myself,

although I come from one particular region of Navajo Nation, I

speak here before you as a representative of all Navajo.

Thank you.

Chairman WAXMAN. Thank you very much. Thank you, Ms.

McCollum.

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Ms. MCCOLLUM. Mr. Chair.

Chairman WAXMAN. Yes.

Ms. MCCOLLUM. For the record, I am going to submit an article

called Yellowcake Blues. It was published on October 11, 2006, and

it speaks to the resolution that the Honorable Mr. Arthur spoke to.

It was a vote of 63 to 19.

Chairman WAXMAN. Without objection, that will be made part of

the record.

[The information referred to follows:]

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Chairman WAXMAN. We have Mr. Welch next.

Mr. WELCH. Thank you, Mr. Chairman.

Distinguished members of the panel, I too would like to apologize

for being called to vote. I did not wish to suggest any offense by

leaving, Mr. Arthur, during your testimony.

I also agree with my colleague, Mr. Yarmuth from Kentucky,

that serving on this committee, we have heard some pretty bad

things. But nothing quite so bad, quite so arrogant, quite so

thoughtless, quite so consequential as what has happened on your

lands. I think I speak probably for all of us.

Ms. Hood, you talked about harmony and respect for Mother

Earth and the way you were raised. It would do us all a lot of good

to pay more respect to that.

So I do have some questions. One of the incredible challenges

that you all have talked about is the cleanup. Literally, we have

hundreds of abandoned uranium mines. The EPA admits to 520

mines in the Navajo Nation, and depending on how I guess we define a mine, it could be up to 1,200. My understanding about your

study is that 90 percent of these mines have been capped or filled

by the Navajo Nation itself. But those caps don’t do anything about

the groundwater. They don’t eliminate the radiation threat from

the mines that you are exposed to, that your children are exposed

to and in all likelihood, your grandchildren are or will be exposed

to. We definitely need the EPA to do that.

And the first step, in cleaning up the mines, is doing environmental site assessment. Mr. Etsitty, the U.S. EPA has done a site

assessment at one mine, I guess the Northeast Churchrock Mine,

is that right?

Mr. ETSITTY. That is correct.

Mr. WELCH. So they have one done and 519 more to go?

Mr. ETSITTY. There are numerous other mines to be addressed.

But we have been working with the U.S. EPA and receiving grants

to build our Navajo Superfund program. Through grants, we have

amassed capacity and we now do several site assessments a year.

Mr. WELCH. So that is you, the Nation is doing that?

Mr. ETSITTY. Yes.

Mr. WELCH. What I understand from our briefing is that the

EPA flew over the mines and took aerial radiation levels. But they

aren’t detailed enough to create a cleanup plan. So they just gave

you a list of the mines with information about nearby settlements

in the water sources and asked you to prioritize them? And the

EPA said it would then begin site assessments on the highest priority? Is that your understanding of what is going on?

Mr. ETSITTY. Yes. We have had a project going back several

years to inventory and identify as many of these sites, and it did

begin with aerial surveys. Now we are at a point where we have

prioritized the top 32 sites with Northeast Churchrock being the

top priority site on that short list.

Mr. WELCH. How long has the EPA had your list of priorities?

Mr. ETSITTY. We have been on this project, which we call the

Abandoned Uranium Mine Collaborative, and we have been working with EPA pretty close to 10 years. The list was developed early

on. It was just a matter of compiling all the site characteristic data

into a data base. We did have ambitious goals at the beginning. We

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ran into cost difficulties with the final product, but we do have a

completed product.

I would say that the information has been available for about 8

years.

Mr. WELCH. So has the EPA begun any site assessment of the

mines you have identified?

Mr. ETSITTY. Directly, just the Northeast Churchrock Mine site.

Mr. WELCH. So just one?

Mr. ETSITTY. Yes.

Mr. WELCH. So we haven’t even begun the assessments, let alone

the cleanup?

Mr. ETSITTY. As I said earlier, through the Navajo Superfund

program, we have done preliminary assessments and site investigations of some of the known abandoned uranium mine sites. We

have information that we have collected in coordination with U.S.

EPA, so we have information on other mine sites.

But EPA has taken the initial remedial action at Northeast

Churchrock alone.

Mr. WELCH. So there is a long way to go, obviously.

We have heard a lot of testimony about some of the Navajo

homes being built with radioactive materials. I gather you build

homes in the traditional way, with materials that are on your

lands. You didn’t realize, obviously, that there was any threat of

danger. Has the Navajo Nation, has EPA tested homes to see how

many of them might be contaminated? Have you had any testing

on them from the EPA?

Mr. ETSITTY. Through another grant program, under the radon

program we have done surveys of hundreds of homes across the

Navajo Nation. We have identified a number of those homes that

do have high radon readings.

Mr. WELCH. And these are homes that people are now living in?

Mr. ETSITTY. Homes that people did live in, and in some places

continue to live in. We are trying to assess how many people still

live in homes with high radon levels. Again, radon is a naturally

occurring element. But we are also trying to pinpoint those homes

that have been constructed with materials that are radioactive.

Mr. WELCH. Let me ask Dr. Brugge, if I could, what type of

threat that poses to the inhabitants?

Dr. BRUGGE. The homes that are built with uranium ore tailings

or materials that have uranium in them are going to have all the

decay products from uranium, including radium itself. Radium decays into radon. So there are going to be high levels of radon, especially if the space is enclosed and it doesn’t have good ventilation.

Depending on the amount of uranium and the ventilation, those

levels can be very high. There was one very notable case in Monument Valley that was well documented, and the levels of radon in

that home were exceedingly high, and in my opinion presented a

very, very strong risk to the family that had lived there for a long

time.

Chairman WAXMAN. Thank you, Mr. Welch. Your time is expired.

Mr. WELCH. Thank you, Mr. Chairman.

Chairman WAXMAN. Thank you.

Ms. Norton.

Ms. NORTON. Thank you, Mr. Chairman.

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Mr. Manygoats, I have a question for you. I understand there are

five closed mills in the Navajo Nation, and my question concerns

the Tuba City, AZ mill. I understand you grew up right across the

highway from the Tuba City mill, and that your dad worked in the

mill, is that correct?

Mr. MANYGOATS. Yes, it is.

Ms. NORTON. Did you ever play around the mill, Mr. Manygoats?

Mr. MANYGOATS. Yes.

Ms. NORTON. In what way were you playing?

Mr. MANYGOATS. I would play around, like a little kid would do,

roll around and jump through the yellow powder.

Ms. NORTON. So you would roll around what amounts to be

yellowcake?

Mr. MANYGOATS. Excuse me?

Ms. NORTON. So when you would roll around in the mill, you

were really rolling in yellowcake, is that correct?

Mr. MANYGOATS. Yes, I did.

Ms. NORTON. Did anyone at the mill warn you or your dad about

having you or youngsters playing in the yellowcake?

Mr. MANYGOATS. No, they didn’t.

Ms. NORTON. In your testimony, you mention 3 to 4 inch metal

balls that were used at the mill. Did you play with those balls?

Mr. MANYGOATS. Yes, I did.

Ms. NORTON. What did you think they were? How did you play

with them?

Mr. MANYGOATS. Well, being a little boy, as a marble, shot put.

Ms. NORTON. Shot put, marbles?

Mr. MANYGOATS. Yes, seeing how far we could throw it.

Ms. NORTON. Could I ask Mr. Etsitty, are you familiar with these

metal balls, and would they have been radioactive?

Mr. ETSITTY. Thank you, Representative Holmes Norton. I am familiar with the metal balls. They are part of the machinery and

processing equipment that were present at the mills, not only

metal balls but ceramic balls as well. The actual radioactive nature

of these—they come in contact with the ore, they are usually part

of the crushing of the raw ore, and creating the finer yellowcake

dust.

The metal ores may take up some radioactivity and be radioactive themselves, but the ceramic balls——

Ms. NORTON. So these youngsters were essentially playing with

radioactive marbles or balls?

Mr. ETSITTY. Yes, many of these materials were part of the processing process, so they came in contact directly with uranium ore

and yellowcake.

Ms. NORTON. Mr. Manygoats, could I ask you, when your dad

came home, what did his work clothes look like?

Mr. MANYGOATS. My father had a uniform, and the yellowcake

was all over his uniform.

Ms. NORTON. So he came home with yellowcake on his clothes.

Were there any other ways that you believe uranium yellowcake

got into your home?

Mr. MANYGOATS. By my dad bringing his uniform with the dust

on him.

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Ms. NORTON. Is it the case that your parents actually cooked on

a screen from the uranium mill?

Mr. MANYGOATS. Yes, we did.

Ms. NORTON. Did anyone warn your family that the yellowcake

on this screen was radioactive and dangerous?

Mr. MANYGOATS. No, they didn’t.

Ms. NORTON. Did you and your brothers and sisters ever get hurt

from the waste that was at the mill?

Mr. MANYGOATS. Yes. My sister, Daisy, she stepped in one of the

boiling chemicals and burned her feet and has scars. Also my

brother, Tommy.

Ms. NORTON. Did anyone say that might be from uranium or

yellowcake or anything radioactive? Did anyone tell your parents

that?

Mr. MANYGOATS. No.

Ms. NORTON. Have you, or has anyone in your family had health

problems?

Mr. MANYGOATS. Yes, all of my brothers and sisters, we have

health problems.

Ms. NORTON. Including what?

Mr. MANYGOATS. Excuse me?

Ms. NORTON. What kinds of health problems?

Mr. MANYGOATS. We have our eyes and hearing, with our ears,

and also the itchiness, the itch and the skin discoloration.

Ms. NORTON. Have you had three surgeries to remove——

Chairman WAXMAN. Ms. Norton, your time is expired and other

Members are waiting.

Ms. NORTON. Could I just offer my appreciation to Mr.

Manygoats for being here today to tell his story? I know in light

of the three surgeries you yourself have had, and the growth in

your own eyes and the problems with your sister’s eyes, this has

not been easy for you or for them, but you have done an important

public service for the Navajo Nation and for the Congress and the

Nation. Thank you very much.

Chairman WAXMAN. Thank you, Ms. Norton.

Mr. Shays.

Mr. SHAYS. Mr. Chairman, first, thank you very, very much for

having this hearing. I thank you for acknowledging that this is a

problem that crosses both sides of the aisle and goes back many,

many years.

I purposely came back to this hearing, I had a bill on the House

floor and we did have votes and I apologize for missing your statements. But I did want to personally say that I will support any legislation and I will speak to anyone within our Government that we

need to speak with, and I will work with any of my colleagues to

once and for all address this issue to the extent that we could address it. And I want to apologize to each and every one of you that,

in the year 2007, we would still have to be dealing with this issue.

I don’t know which one to ask this first question, but my question is, and maybe you will just decide it for me, my first question

is, did the U.S. Government pay for these resources, or did we just

simply say, we will provide you employment if you let us mine

what is on your reservation?

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Mr. ARTHUR. Mr. Chairman and members of the committee, Congressman Shays, the Navajo Nation did make lease agreements in

the processing and also of mining the ores that were on the trust

land. There are lands that are off the trust land but within Navajo

Indian Country.

Mr. SHAYS. When you look at the 5 milling areas and the 520

mines, and you look at groundwater contamination, what do the experts tell you is the first, most serious health threat? That would

be my question. And after that, which do they say is the most expensive aspect to deal with?

Mr. ETSITTY. Mr. Chairman, members of the committee, Congressman Shays, thank you for the question. I would have to say

that most of what we have heard regarding the five mill sites, in

getting to the question of cleaning up contaminated groundwater,

has been primarily that the locations of these sites are far from

high population centers and that there is very little threat to our

groundwater. That is what we have heard in the past.

The costs to continue cleaning up groundwater is growing and

making sure that the groundwater that is recognized as threatened, that the protections necessary to keep that groundwater safe

for our purposes, for drinking water or for livestock or for other agricultural or other uses of that water, remain a top priority for us

today. We would like to make sure that those resources are protected.

Mr. SHAYS. You can close off the mines, correct? You can block

them, you can board them up, whatever you do. Is that true?

Mr. ETSITTY. Mine features and mines themselves, the exploratory holes or the actual mining vents, can be closed off physically.

Mr. SHAYS. Have they been?

Mr. ETSITTY. Many of them have, yes, under the authorities of

SMCRA and the Abandoned Mine Lands——

Mr. SHAYS. Are the areas where you have had milling, are those

basically fenced off, are they operational?

Mr. ETSITTY. The former mill sites have been closed under the

UMTRCA law. Where they sit today, there are caps covering all the

mill tailings and groundwater treatment systems in place to handle

ongoing——

Mr. SHAYS. So is there a concern that we continue to contaminate the groundwater or that we just have to deal with what has

already been contaminated?

Mr. ETSITTY. At the mill sites, the caps were placed, but there

were no liners that were engineered at the time. We do have concerns now, knowing what we know now about putting in waste into

the ground. We ask that these considerations be taken up by the

Federal agencies and we take another look at exactly how proficient and how effective the current groundwater monitoring systems are, and take a look at the potentials for contamination coming out from underneath the UMTRCA caps.

Mr. SHAYS. Thank you.

Mr. Chairman, just a desire on my part to make sure that as this

committee works on it, that we can collectively work together on

this issue.

Chairman WAXMAN. Thank you very much, Mr. Shays.

Mr. Braley.

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Mr. BRALEY. Thank you, Mr. Chairman. I want to thank all of

our witnesses who traveled so far from the Navajo Nation to enlighten and inform us here today.

Mr. Arthur, you noted in your statement that Navajo warriors

have served the United States with distinction in all major conflicts

since World War I. I think you could make an argument, I wouldn’t

be sitting here today without the bravery and distinguished service

of the Navajo Code Talkers who served on Iwo Jima.

The committee staff provided us with a map of the Navajo Nation showing these abandoned uranium mines. One of the sites

that jumped out at me was the site in Mr. Matheson’s district in

Utah, Montezuma Creek. My father graduated from Montezuma

High School in Iowa in 1943, before joining the Marine Corps and

serving on Iwo Jima. One of the most moving things I have ever

seen was the 50th anniversary on Iwo Jima, when a representative

of the Navajo Nation sang the Marine Corps hymn in Dine on top

of Mount Surabachi. So I want to thank you all on behalf of my

family for allowing my father to return home.

Dr. Brugge, I want to talk to you about some of the chilling descriptions we have heard from the panel’s witnesses about the contamination of soil and groundwater on the Navajo Nation with uranium mine and mill waste over the period of 30 to 40 years. What

does science tell us about the health effects on a population with

long-term exposures to uranium mine waste?

Dr. BRUGGE. The science is very extensive, and I don’t have

enough time to tell you all of it. But I will reiterate the primary

points that I think are particularly salient and that also have the

strongest science behind them. I think at the top of the list we

have to put radon. Radon is an extremely potent lung carcinogen

and off-gases from uranium ore. So I think that has to be on the

list.

Uranium itself is more of a heavy metal toxin. It is well known

in terms of its effects on kidneys, which you heard testimony about,

concerns about kidney disease. It has also been shown to cause

birth defects and numerous other health outcomes for which there

may be somewhat less evidence but suggestive possibilities. Radium is a highly radioactive material in the uranium ore. Radium,

among other things, is associated with bone cancer, with cancer of

parts of the head, the mastoid air cells and the nasal sinuses. It

is also associated with leukemia.

I would include arsenic as an important contaminant that is out

in the Navajo area, which is strongly known to cause skin and lung

cancer as well as skin changes. I was struck by the description of

pigmentation changes, which are clearly associated with arsenic exposure. So there is a very large and deep scientific base that shows

that these hazardous materials cause health effects. Some of them

are proven at a causal level from a scientific perspective. Others

are not so certain.

What we don’t know, and I was struck by Mr. Manygoats’ story,

is what the health effects on a child rolling around in yellowcake

might be, with the mixture of contaminants and at that age in particular, being a very young child. So I think there are some areas

where we don’t know all of the health outcomes, but we know

enough to know that this is very hazardous stuff.

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As I was coming here today, I though the analogy is, none of you

would want your children playing in this uranium ore. None of you

would permit it. We have in the Navajo Nation, lots of children

playing in this ore as if it were a sandbox, almost.

Mr. BRALEY. You have reviewed the studies that have been done

to date on the health effects of uranium contamination on the Navajo Nation, is that correct?

Dr. BRUGGE. That is correct.

Mr. BRALEY. In your view, are those studies adequate to determine whether the communities and individuals are at risk, and the

types of health effects for which they are at risk?

Dr. BRUGGE. I believe there is a need for additional research,

particularly because most of the studies showing these associations

with uranium ore components have not been done in the Navajo

area. So to know specifically what has happened out there I think

is important.

Mr. BRALEY. Are you aware of any types of cluster studies that

have been done from an epidemiological standpoint to analyze the

types of cancer that have been reported and the locations to determine whether there is a causal relationship?

Dr. BRUGGE. That is something that has not been done in the

Navajo area and could be done as one of the possible directions

that research could take.

Let me just take a moment, though, to make clear that one thing

that I want to be absolutely clear about is, we don’t want to say

that we need more research before we start remediating these

sites. This contamination is highly toxic, we know it is toxic to humans. We know enough about the toxicity. The reason why we

need more research is to understand more fully the extent of the

injustice that was done out there, and how it has affected the Navajo people.

Mr. BRALEY. Has anybody done any type of economic analysis of

the long-term health costs to the Navajo people resulting from this

contamination and looking forward who will bear the ultimate responsibility for those costs?

Dr. BRUGGE. I am not aware of such a study.

Chairman WAXMAN. Thank you, Mr. Braley. Your time is expired.

Mr. Cummings.

Mr. CUMMINGS. Thank you very much, Mr. Chairman.

Mr. Etsitty, this is serious business, isn’t it? Or let me go to Dr.

Brugge, I am sorry. I was getting my name tags mixed up. This

is serious business, isn’t it?

Dr. BRUGGE. I would agree with that, yes.

Mr. CUMMINGS. And I would take it that, I believe very strongly

in what the Bible says, it says do unto others as you would have

them do unto you. I just wonder, these houses that these folks lived

in, are living in, it is kind of dangerous, isn’t it?

Dr. BRUGGE. I would say that living in a home that is constructed with uranium-contaminated material is extremely dangerous, yes.

Mr. CUMMINGS. And going back to you, Mr. Etsitty, you provided

the U.S. EPA with a list of homes that the Navajo Nation EPA believes may be radioactive, is that right?

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Mr. ETSITTY. Yes, Representative Cummings, we have.

Mr. CUMMINGS. How long ago did you do that, sir?

Mr. ETSITTY. That list has been available for about 5 years, as

we have developed all the inventory information.

Mr. CUMMINGS. So that the committee will be clear what you

mean by available, did you present that to the EPA, or has it just

been sort of out there?

Mr. ETSITTY. It was collected through our Abandoned Uranium

Mining Collaborative effort, and it has existed in a list form.

Mr. CUMMINGS. So EPA would have possession of it, or wouldn’t

they?

Mr. ETSITTY. They do have possession of it, yes.

Mr. CUMMINGS. I see. And they have had it for 5 years, you said?

Mr. ETSITTY. Yes.

Mr. CUMMINGS. That is a long time, isn’t it?

Mr. ETSITTY. Well, we have taken a long time in developing our

inventory and putting together all this information, yes.

Mr. CUMMINGS. And they didn’t even immediately offer to retest

these homes and tear down and replace any radioactive homes that

people were living in?

Mr. ETSITTY. Congressman Cummings, we were fortunate to

have a visit by Representative Patrick Kennedy in 2001, which resulted in the cleanup of two homes.

Mr. CUMMINGS. Wait a minute. Let me get this right. How many

homes were on the list? I thought I heard you say a little bit earlier

80 to 90.

Mr. ETSITTY. Eighty to 90 homes, yes.

Mr. CUMMINGS. Eighty to 90, and 2 were removed, is that right?

Mr. ETSITTY. Two were demolished, and new homes were constructed for those families back in 2001.

Mr. CUMMINGS. So I think you testified, is there still some ongoing testing with regard to radon in these homes?

Mr. ETSITTY. Yes. We have an annual program that does radon

testing for many residents, and Head Start schools and elderly centers across the Nation.

Mr. CUMMINGS. Now, let me make sure I am clear on this. Is

that above the 80 or 90 that you talked about? In other words, you

have your 80 or 90 and then you are still testing for others? Is that

right?

Mr. ETSITTY. Yes. The 80 or 90 refers to homes that were built

with contaminated radioactive materials.

Mr. CUMMINGS. So they are still there?

Mr. ETSITTY. Yes.

Mr. CUMMINGS. Are people living in those homes to your knowledge?

Mr. ETSITTY. To some extent, we don’t have exact information,

and that is what we continue to try and update on an annual basis,

those families that continue to use those homes for various purposes, including residing.

Mr. CUMMINGS. Wait a minute. Let me get this right. You have

80 or 90 homes, you know where they are, like 2014 Madison Avenue, and you mean you don’t go to those homes and see if people

are still living there? Is that what you are trying to tell me?

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Mr. ETSITTY. From time to time we do, but we need to update

that inventory on a regular basis.

Mr. CUMMINGS. So you don’t know whether people are living in

the 80 or 90 homes or not, is that what you are telling me?

Mr. ETSITTY. That is part of our situation, yes.

Mr. CUMMINGS. Let me ask you this, Dr. Brugge. We are going

to have some higher-ups from the EPA come up in a few minutes.

They are going to be sitting in those chairs that you are sitting in.

Not very long ago, we had the head of FEMA and we were talking

about trailers down in the Gulf Coast with formaldehyde. And as

a result of our hearing, a hearing just like this, the head of FEMA

said, you know what, we have to get those people out of there, we

have to warn them, because they are in danger.

I am just curious, what would you want the EPA folks sitting behind you, and I am sure they wouldn’t want their children or families to live in these houses, but I am just curious as to what you

would love to see them do. This is the Government of the United

States of America. We have a duty to treat people right. That is

where our moral authority comes from. I am just wondering, what

would you have them do? It is going to be interesting to hear what

they have to say. Because I am going to ask them how they feel

about what you are about to say.

Dr. BRUGGE. Thank you, Congressman.

I don’t know the details of all those homes and exactly what level

of contamination that they have. But to the extent that they are

similar to the home in Monument Valley that was demolished and

replaced, then I think that should happen to the rest of those

homes as well. It is critical to understand that I believe the reason

that hasn’t happened is a lack of resources. You can’t just condemn

someone’s house. You have to give them another place to live.

So I think that would be what I would want to see happen.

Mr. CUMMINGS. Thank you very much.

Chairman WAXMAN. Thank you, Mr. Cummings.

I want to now recognize our colleague, Representative Udall.

Congressman Udall has talked to me about this issue a number of

times. We are holding this hearing today, but I don’t want anybody

to think it is only a one hearing matter. We are going to continue

to pursue this issue until we get it right. So Congressman Udall,

I want to recognize you to question the witnesses and tell you that

I look forward to working with you to get this situation resolved

and restore justice to those people who have been denied it.

Mr. UDALL. Thank you very much, Chairman Waxman. I also

apologize to the early witnesses for not being here during your testimony because of the vote that took place on the floor. Mr. Chairman, I would like to put an opening statement for myself into the

record, if that would be acceptable.

[The prepared statement of Hon. Tom Udall follows:]

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Mr. UDALL. Mr. Chairman, what you have done here is very,

very important, because the legacy, by holding this hearing, the

legacy of uranium mining has been a real tragedy for the Navajo

people. I think each one of the witnesses today has talked about

pieces and parts of that.

But the tragedy for the 250,000 people that live at the Navajo

Reservation cuts across all families. The things that you are hearing today, where you could go to any home on the Navajo Nation

and ask questions about these kinds of issues, and most families

would have similar stories, and may have well lost a breadwinner

due to uranium mining and to lung cancer or some other health

problem. So it is absolutely clear that not only this committee but

other committees of Congress need to do the things like a RECA

update, the Radio Exposure Compensation Act. There are families,

as Dr. Brugge and others have testified, that were exposed to

health hazards and there have not been studies of those families

and what the health care impacts have been.

There is a massive cleanup problem that the Navajo Nation is

trying to tackle through Mr. Etsitty’s agency, but it still is enormous and the Federal Government hasn’t put the resources behind

it. We have a situation today where a company is trying to move

out onto the Navajo Reservation and mine in the groundwater

under Crown Point with an experimental technology where these

people that drink from this groundwater, their only source of

groundwater, would be exposed to this experimental technology,

and possibly have their groundwater polluted forever.

So there are many, many problems there. I think we need to remember when folks step forward and tell us that nuclear power is

green power, that the real legacy of the nuclear age you are seeing

here, you are seeing here first-hand. People don’t know it, but the

costs I know, because I have been involved with my family in a variety of lawsuits, the costs have been enormous. Thousands of

claims have been paid by the Federal Government; hundreds of

millions of dollars have been paid out in compensation for these injuries. When you talk about hundreds of millions of dollars, they

were in sums of $100,000, $150,000, $50,000. So there have been

some very, very serious injuries and deaths caused by what has

happened.

I would like to talk a little bit with Mr. Harrison about exposures

of mining families and ask you a couple of questions. Is it true, Mr.

Harrison, that your father worked in different uranium mines

when you were young, a number of different uranium mines?

Mr. HARRISON. Yes, Congressman Udall. My father started mining around Cove, AZ and eventually moved out to Colorado, worked

the Colorado mines, then some small mines in the Utah area for

over 20 years.

Mr. UDALL. Did your family live near where your father was

working at the mine?

Mr. HARRISON. In early childhood, when we were not in school,

we lived in the mining camps. We did that off and on for, I would

say from the mid-1950’s to the 1970’s.

Mr. UDALL. While you were a child living at the camp, did you

play on the piles and have occasion to see other children playing

out on these piles?

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Mr. HARRISON. All of these mining sites were up in the mountains, to the point where transportation would be a problem. So the

miners would live right next to where they mined, and also the

waste piles would be there, where all the families had access to

these waste piles, living on them, and also children there would

have access to the entrances of the mines, too.

Mr. UDALL. Where did you get your drinking water for your family?

Mr. HARRISON. If the water source runs out, you bring the water

supply to the mountains. If the water source runs out, then you

would go to the mines to collect water for drinking water.

Mr. UDALL. So you were drinking water that was out of the uranium mines?

Mr. HARRISON. Yes. If it was there, we would use the water for

all purposes.

Chairman WAXMAN. Will the gentleman yield to me on that

issue?

Mr. UDALL. Thank you very much, Mr. Chairman.

Chairman WAXMAN. Mr. Harrison, as I understood your opening

statement, you said that the drinking water that had uranium in

it was being mixed with water that had less contamination in it.

This was at the urging of the Bureau of Indian Affairs. Is that an

accurate statement?

Mr. HARRISON. Yes, Mr. Chairman——

Chairman WAXMAN. Or was that the Indian Health Service?

Mr. HARRISON. Indian Health Service. I stated that I lived in a

community where the mining took place; I grew up in Cove, and

I lived just east of Red Valley. We had two water wells that produced over 115 gallons a minute. Both of these wells exceeded EPA

standards.

We tried to resolve that by working with General Electric. We

were asked to pursue a grant through USDA. Because of the bureaucratic system that they had, we ran out of time to address the

water well in a 24 month period. So the Indian Health Service

went to another course of action, to blend that water well with another source of water to cut down the EPA readings.

Chairman WAXMAN. I just find that unbelievable, that their solution was to take contaminated water and mix it with less contaminated water and have people drink it. This is to me amazing that

would be the solution that the Indian Health Service would come

up with, after not being able to figure out what to do, they would

come up with a solution that to me can’t be a solution to protect

people’s health.

Mr. Davis.

Mr. DAVIS OF VIRGINIA. I just have a couple of questions, Mr.

Chairman.

Chairman WAXMAN. Just a minute. Mr. Udall, were you finished?

Mr. UDALL. I would like to just wrap up with a couple more, if

I still have time, Mr. Chairman.

Chairman WAXMAN. Please proceed.

Mr. UDALL. This contaminated water was used for making coffee,

washing, and even baby formula, is that correct, in your household?

Mr. HARRISON. Yes, Congressman Udall. If there was a sufficient

amount of water that was in a mine, the workers would make a

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cistern in the mines where they would build almost like a pool of

water, and there would be cups around it, where they had access

to it. Many of these families would take this water home. They

traveled back to the Navajo Nation from Colorado.

I remember very well, they would take water in a canvas bag,

say that this is mountain water, and they would take it back to

their homes.

Mr. UDALL. You lost a brother, 6 month old died of a stomach

ailment, is that correct?

Mr. HARRISON. Yes, sir. He was born in June 1955 and he died

in November 1955. My mother was telling me that she was taking

this mine water and mixing it with the baby formula. Back then

they had powdered milk. So they would use that to feed babies. I

know of one family that lost four little babies during those years.

Mr. UDALL. Your father died of lung cancer?

Mr. HARRISON. My father died from lung cancer at the age of 46

in 1971.

Mr. UDALL. Three of your other siblings have thyroid problems?

Mr. HARRISON. They are on medication now to control and to correct the thyroid disorders.

Mr. UDALL. And we have heard that you lost a kidney. Thank

you, Mr. Chairman, I hope we will get a chance for a second round.

Chairman WAXMAN. Thank you very much, Mr. Udall.

Mr. Davis.

Mr. DAVIS OF VIRGINIA. Thank you all very much.

I was recently reading a letter sent by Senators Bingaman and

Domenici which states that the Navajo Nation believes it is the responsibility of the Department of Energy, pursuant to the Uranium

Mill Tailings Radiation Control Act [UMTRCA], to clean up the

sites in the vicinity of the uranium mill. Is this accurate? Is this

your understanding? Let me just ask the Navajo leaders.

Mr. ETSITTY. Yes.

Mr. DAVIS OF VIRGINIA. OK. Do you think that a comprehensive

health study would be either necessary or helpful to determine

what the actual problems are that exist in the community healthwise?

Mr. ARTHUR. Mr. Chairman and members of the committee, another study would probably help. But I think today we have sufficient data and information to immediately proceed with solutions.

Mr. DAVIS OF VIRGINIA. OK. The reason I asked, the second

panel takes a little bit different view on this. And if you can get

something comprehensive, they may view some of this as anecdotal

and the like. It could strengthen the case for it.

According to the EPA, they have done aerial surveys, sampled

the water and looked at homes suspected of being made from contaminated material. But ultimately, they contend that how these

mines are handled rests in the hands of the Navajo Nation. Do you

agree with that?

Mr. ARTHUR. No, sir.

Mr. DAVIS OF VIRGINIA. If it is a matter of funding, has the Navajo Nation yet determined what, if any, additional funds will be

necessary to address the problem?

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Mr. ARTHUR. Mr. Chairman, members of the committee and Congressman Davis, we just recently, or in this testimony requested an

estimated amount.

Mr. DAVIS OF VIRGINIA. Are we in the process of determining how

much will be needed to resolve the issue? Is anybody doing a study

at this point to try to get at how much is needed?

Mr. ETSITTY. Thank you, Congressman Davis.

The inventory that we have compiled gives us a list upon which

we can start to construct an estimation. And the work that we have

done with U.S. EPA at Northeast Churchrock Mine gives us some

initial cost figures. But we have not done anything at this point

that would lead toward something total and comprehensive.

Mr. DAVIS OF VIRGINIA. I guess the only question I would have

from this vantage point is, we want to understand what the costs

are as we get into this in a comprehensive way. I know you would

want to do that too, before we jump in.

Thank you very much. I appreciate your testimony. Thank you,

Mr. Chairman.

Chairman WAXMAN. Thank you, Mr. Davis.

I am very pleased that Representative Matheson agreed to join

us today, because he is a leader on environmental issues, especially

cleanup issues and matters relating to uranium in Utah, not just

on this issue, but on other issues as well. So I would like to recognize him for 5 minutes.

Mr. MATHESON. Thank you, Mr. Chairman. Thanks for the opportunity to participate, not as a standing member of this committee, thank you for the opportunity to participate in the hearing

today.

I also want to thank all the witnesses for their time and their

effort and their testimony. It is interesting, if you think about the

environment in which all this started back in the 1940’s, when uranium fever really swept this country, Congress passed something

called the Atomic Energy Act in the 1940’s and created the Atomic

Energy Commission. By one estimate, Americans went out and

bought 35,000 Geiger counters in 1953 alone. Native Americans became a big part of the effort to look for uranium supplies because

of their knowledge of the land.

What should also be noted is that even back in the 1940’s, the

Government knew that folks were at risk when involved in this activity. A U.S. public health researcher named Henry Doyle found

in 1949 that the Navajo workers were not given pre-employment

exams and there were no medical programs for miners in those

days. Adverse health effects to miners were already a concern at

the time, to say nothing of the risk to the public and others in the

Navajo Nation.

I am proud to represent the Navajo Nation, at least the Utah

portion. It has been one of the best experiences I have had to be

a Member of Congress, and I am honored to have that opportunity.

I am the son of a down-winder who lived in southern Utah during

the nuclear weapons testing. He died when he was 61 of multiple

myeloma. I have worked with Representative Udall extensively on

looking at the Radiation Exposure Compensation Act to see if there

are ways that we ought to be amending that act and expanding it.

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The important thing about the Radiation Exposure Compensation Act is not necessarily the compensation, but it is the acknowledgement on the part of the Federal Government that it did something wrong. Because back in this euphoria of the 1940’s and

1950’s, when the Atomic Energy Commission and uranium fever

took over this country, a lot of mistakes were made. Folks in southern Utah were referred to by the Atomic Energy Commission as a

low-use segment of our population. For those of us who had families there, we didn’t really agree with that statement, and I am

sure the Navajo Nation doesn’t agree with that as well.

So it is important, and I thank the chairman for addressing this

issue and bringing this matter to light in this hearing. There is so

much work to be done.

I wanted to ask Mr. Harrison a question. I really appreciated

your comments about the need to readdress RECA, particularly as

it relates to the Navajo Nation. I have been concerned about this

for some time, that we had some provisions in RECA that are very

difficult to implement, because of the difficulty on the Navajo Nation in meeting the requirements for documentation to prove eligibility for RECA. It is something that I think Congress needs to address, and I would welcome any suggestions you may have on how

we ought to be amending the Radiation Exposure Compensation

Act. Do you have anything to offer on that?

Mr. HARRISON. Thank you, Mr. Matheson. Currently, Navajo Nation has drafted three technical amendments and three statute

changes to pursue RECA changes. We would very much like to

have Members of the U.S. Congress work these provisions to where

all these former miners would be adequately compensated with less

stringent requirements. It is very important also to consider the

post-1971 uranium workers. We have many of them come to our offices to get compensation.

Mr. MATHESON. I look forward to reviewing those suggestions. I

am very interested in pursuing that.

Dr. Brugge, I would like to thank you for the research you have

done. You have asked that Congress conduct more health research,

and I would like to know if you have suggestions about which studies you believe would be most beneficial. Again, I think you may

face some of the challenges because of the lack of documentation

and how that affects researchers trying to conduct statistical studies or epidemiological studies. Do you have any thoughts on what

else we should be doing?

Dr. BRUGGE. Yes. I think there are basically two types of approaches that could be taken to future research studies. One would

be what has been referred to here as sort of a comprehensive public

health study that looks for a clustering of diseases and uses Indian

Health Services cancer registry, maybe other data of that sort, to

look for what diseases are higher in the communities that have

more uranium exposure.

I think the other approach would be to look for some of the diseases that we know are associated with uranium from other studies, and see whether the same association holds. These are called

case control studies, where perhaps you would identify children

with birth defects and children without, and then look back at their

exposure history. The kind of rich detail that Mr. Harrison was

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providing has not been brought into those kinds of studies, and to

do that, and see whether the baby formula, playing on the tailings

piles and those sorts of things are clearly associated.

I think it would be interesting, but I would reiterate, not necessary, to proceed with remediation of these sites.

Mr. MATHESON. Thank you, Mr. Chairman. I will yield back.

Chairman WAXMAN. Thank you very much, Mr. Matheson.

I do want to thank all of you for your very powerful testimony.

I guess there are two comments I want to make as we move on to

the next panel. One, aside from the fact that this is very, very powerful, Mr. Etsitty brought in some dirt that he showed was very radioactive. As I understand it, Mr. Etsitty, that is not the most radioactive part of the dirt that is on your property. Is that correct?

Mr. ETSITTY. Mr. Chairman, that is correct. There are many

other samples and places from where this sample came from that

are much higher. But for the demonstration that we did here this

morning, we had to abide by shipping constraints and also safety

overall. What I demonstrated was exposure, and what we had here

was very limited exposure. The levels that we picked up on the

particular sample were high, but not putting us in this room immediately at risk. If members were to consider that the levels that

people are being exposed to over the terms of tens of years, decades, it does amass to a grave public health concern.

Chairman WAXMAN. We had to go through extraordinary efforts

to allow you to bring that sample into this hearing. The Capitol Police were very concerned about it. We had a lot of people who were

concerned whether we should even bring that small little sample

into the room. And yet we should realize that this is the kind of

radioactive dirt that the Navajo people are being exposed to every

single day.

The second point that I want to make, Mr. Harrison, is that the

idea that we would have blended water, blended water, water contaminated with uranium; it is radioactive, and then blended with

non-contaminated water; I don’t think anybody in this Capitol

would drink it. And yet we are asking people in the Navajo Nation

to drink that water, and the Federal Government is giving its OK

to this?

If we are not willing in this Congress to be exposed to the dirt

or the water that you are exposed to every single day, then I don’t

think we ought to ask you to be exposed to it, either. And I think

that is a telling point for how people here in Washington think it

is maybe different for you. Why they should think it is different for

you and they wouldn’t want it for themselves underscores the neglect that we have given to this very serious problem.

I thank you, each and every one of you, for being here today. We

are going to dismiss you and move on to the second panel.

But before we do that, I want to declare a 10 minute recess, just

a short recess, then we will have the second panel here and move

on with the hearing.

Mr. ARTHUR. Mr. Chairman, members of the honorable committee, on behalf of the Navajo people and certainly the Navajo Nation

government, the Navajo Nation Council, that consists of 88 members, and we don’t have a party system. I only ask that you do not

approach this as a Republican or a Democrat or an Independent.

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This is an issue related to the human being, my people. Please, I

ask that you go forward with this discussion in a manner that

would be more on the human concept, rather than on a party line.

Chairman WAXMAN. I appreciate that comment, and I am sure

you noticed that both the Democrats and Republicans on this committee were very clear that we want to work together, that we are

all outraged by what we have seen happening.

Mr. ARTHUR. Thank you, sir, and thank you, members of the

committee.

Chairman WAXMAN. Thank you. Ten minute break.

[Recess.]

Chairman WAXMAN. The committee will please come back to

order.

Our second panel consists of the relevant Federal agencies. Mr.

Wayne Nastri is the Regional Administrator for Region 9 of the

U.S. Environmental Protection Agency. Mr. Nastri will be accompanied by Mr. Keith Takata, Director of Region 9 Superfund Division, who will be available to help answer Members’ questions.

Dr. David Geiser is the Deputy Director of the Office of Legacy

Management at the U.S. Department of Energy. Dr. Charles Miller

is the Director of the Office of Federal and State Materials and Environmental Management Programs at the U.S. Nuclear Regulatory Commission. Dr. Miller will be accompanied by two colleagues at the NRC who will be available to help answer questions:

Mr. Francis Cameron, the Assistant General Counsel for Rulemaking and Fuel Cycle, and Mr. William von Till, Branch Chief for

Uranium Recovery Licensing.

Mr. Robert McSwain is the Acting Director of Indian Health

Service in the U.S. Department of Health and Human Services. Mr.

McSwain is accompanied by two IHS experts who will be available

to help answer questions, Rear Admiral Douglas G. Peter, M.D.,

Deputy Director, Chief Medical Officer for the Navajo Area, IHS,

Gary Hartz, Director of the IHS Office of Environmental Health

and Engineering. And Mr. Jerry Gidner is the Director of the Bureau of Indian Affairs in the U.S. Department of Interior.

I thank you all for being here today. It is the policy of this committee to swear all witnesses, and those who may be answering

questions, and take the oath. I would like everybody to please rise

and raise your right hands.

[Witnesses sworn.]

Chairman WAXMAN. The record will indicate that all of the witnesses answered in the affirmative.

Mr. Nastri, why don’t we start with you? All of you should be

aware that your prepared written statement will be in the record

in its entirety. We would like to ask you, if you would, to please

limit the oral presentation to around 5 minutes.

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STATEMENTS OF WAYNE NASTRI, REGIONAL ADMINISTRATOR,

U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 9, ACCOMPANIED BY KEITH TAKATA, DIRECTOR, REGION 9

SUPERFUND DIVISION; DAVID GEISER, DEPUTY DIRECTOR,

OFFICE OF LEGACY MANAGEMENT, DEPARTMENT OF ENERGY; CHARLES L. MILLER, DIRECTOR, OFFICE OF FEDERAL

AND STATE MATERIALS AND ENVIRONMENTAL MANAGEMENT PROGRAMS, U.S. NUCLEAR REGULATORY COMMISSION, ACCOMPANIED BY FRANCIS CAMERON, ASSISTANT

GENERAL COUNSEL FOR RULEMAKING AND FUEL CYCLE

AND WILLIAM VON TILL, BRANCH CHIEF FOR URANIUM RECOVERY LICENSING; ROBERT G. MCSWAIN, ACTING DIRECTOR, INDIAN HEALTH SERVICE, ACCOMPANIED BY REAR ADMIRAL DOUGLAS G. PETER, M.D., DEPUTY DIRECTOR, CHIEF

MEDICAL OFFICER, NAVAJO AREA, IHS; GARY HARTZ, DIRECTOR, IHS OFFICE OF ENVIRONMENTAL HEALTH AND ENGINEERING; AND JERRY GIDNER, DIRECTOR, BUREAU OF INDIAN AFFAIRS, U.S. DEPARTMENT OF INTERIOR

STATEMENT OF WAYNE NASTRI

Mr. NASTRI. Thank you, Mr. Chairman, members of the esteemed

committee. Mr. Chairman, as you note, our comments have been

prepared and submitted for your review. I would just like to briefly

summarize my thoughts on what we have heard thus far.

First off, I want to thank you for your attention on this matter.

I too am sickened and saddened by what we heard today. Working

with tribal nations has been an area of extreme importance for us.

We have done extreme amounts of work with the tribal operations

committee, with the regional tribal operations council. I myself

have visited Navajo lands twice and had a chance to see first-hand

the beauty of the land and to understand some of the challenges—

it is so large, it is so vast—some of the challenges on an Indian nation, particularly Navajo, where over 30 percent of Navajo residents don’t have access to safe drinking water.

We have many challenges on Navajo Nation. We have worked

with Navajo Nation and Navajo Nation EPA for many years. The

recent culmination of the inventory, I have brought a copy of the

six documents that reflect the various chapters and regions where

uranium mining is ongoing. We have identified this assessment

through a number of different techniques, starting with helicopter

surveys, followed up with additional historical research. This has

really given us the foundation to evaluate the situation and to

move forward.

We heard today about many sources of drinking water where

people drink. I want to point out that there are literally thousands

of drinking water sources that are unregulated. The definition of

regulation for us is are there 25 people or more drinking from it,

are there 15 connections. But I can tell you, when I visited Navajo

and Hopi, I was out in the plains on the arroyo, and here was a

giant rock, and there was a hole in it. They said, that is our drinking water. They said, you can drink that. And I wouldn’t drink

that.

But we have a lot of challenges that we try to get. One of the

things that we have done is worked with Navajo Nation on outVerDate 11-MAY-2000 12:40 Jan 30, 2009 Jkt 000000 PO 00000 Frm 00128 Fmt 6633 Sfmt 6633 C:\DOCS\45611.TXT KATIE PsN: KATIE
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reach, trying to inform the communities about the hazards and to

try to utilize its safe drinking water systems. We have worked to

try to increase the amount of drinking water systems.

Mr. Chairman, I know you talked about the issue of blending.

The issue of blending is one that I am sure we can get into a little

bit later. But it is an area that we actually engage quite a bit in.

So I would be more than happy to answer your questions on that.

I think in hindsight, there are certain actions, and what we

heard today is that perhaps we have studied issues too long, and

perhaps we needed to take action. With regard to some of the

hogan issues, I am aware of two studies where we identified 28 hogans directly from Region 9 and 33 additional hogans from our Office of Radiation and Indoor Assessment. Those hogans where there

was an immediate impact on the initial 28 assessments, we took

action, we demolished those 2. Of the 33 that I am also aware of

that were conducted by what we call ORIA, our Office of Radiation

Indoor Assessment, one of the things we try to do is, we respect

the sovereignty of the Navajo Nation. We work with Navajo Nation

and we say, here is the information that we have. How do you

think we should proceed?

It is easy to say we have developed an inventory and that we

should take action. But there are a number of other factors that

perhaps we don’t appreciate, that we don’t have the ability to understand the spirituality of the land. Those are issues that we need

to work with Navajo Nation, so that we can understand and really

develop a true prioritization that reflects both of our agencies.

We are going to continue to work and take action where necessary. We have a standing offer with Navajo Nation that if we

need to take removal action, we will do so. There are various actions right now that we are contemplating, but because of the challenge in the courts and the other systems, we are on hold. We intend to move quickly where we have that ability. We intend to utilize the authorities where we have the authority. And we intend to

work more closely together, and I think that is a common commitment that we all share and we all recognize that we do need to do

a better job.

I don’t think that when we work individually, whether it is here

on Navajo Nation or in any area of the Nation, we get as much

done as when we work in collaboration. I think by raising your attention and bringing this all together, you certainly have our commitment at EPA to address these issues in a collaborative approach, to address these issues in a manner that provides the hopefully efficient and speedier answer that we all need on these.

With that, I will conclude my comments. Thank you, Mr. Chairman.

[The prepared statement of Mr. Nastri follows:]

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Chairman WAXMAN. Thank you very much, Mr. Nastri.

Mr. Geiser.

STATEMENT OF DAVID GEISER

Mr. GEISER. Good afternoon, Mr. Chairman and distinguished

members of the committee.

The Uranium Mill Tailings Radiation Control Act of 1978 required DOE to remediate four inactive uranium milling sites on the

Navajo Nation. The four sites are referred to as Mexican Hat,

Monument Valley, Shiprock and Tuba City sites. The remediation

of these sites included the construction of three disposal cells and

surface reclamation. Groundwater remediation continues at three

of those sites.

The surface reclamation program was completed in 1998, and the

authority of DOE to conduct further surface cleanup expired at

that time. The cost of the surface cleanup on the Navajo Nation,

including the construction of three disposal cells, was $137 million.

The groundwater program is ongoing today, at a cost of approximately $3 million per year, and has no statutory expiration date.

The four Navajo Nation milling sites are being cleaned up under

a cooperative agreement with the Navajo Nation that provides the

opportunity for a participative decisionmaking process as required

by the act. In addition, ongoing communication includes regular

meetings and consultation on draft reports. This process ensures

that DOE addresses the concerns of the Nation and that the Nation

has full knowledge of current and planned activities related to the

cleanup.

Work at the Tuba City site is staffed by Navajo operators under

contract with the DOE technical assistance contractor. DOE has

worked with the Navajo Nation over the last 20 years. We currently have a positive working relationship. DOE provides funding

of approximately $300,000 per year to the Navajo Nation so that

their staff can participate. Staff from the Navajo Nation assists

with site inspections, monitoring and maintenance activities. DOE

holds quarterly meetings with the Navajo Nation to update the

progress of site cleanup, address the nation’s concerns and plan for

technology transfer and education opportunities.

DOE is currently remediating groundwater at the Tuba City,

Monument Valley and Shiprock sites. The groundwater plumes are

as a result of former uranium milling site ponds that contained

large volumes of process water. I will briefly address groundwater

remediation at each of these sites.

The primary contaminant of concern at the Monument Valley

site is nitrate. There is a pilot study underway that uses native

plants to facilitate the reduction of the nitrate in groundwater at

the site. The pilot study was approved under environmental assessment in cooperation with the Navajo Nation. The pilot project has

been successful to date, and a deeper well was recently drilled to

continue to provide water for irrigation. In addition, a water line

was built by DOE for the few residents who might be impacted by

the groundwater plume.

The major contaminant of concern at the Shiprock site is uranium. There are two areas of groundwater contamination, the terrace and the floodplain. Both of these locations are difficult to reVerDate 11-MAY-2000 12:40 Jan 30, 2009 Jkt 000000 PO 00000 Frm 00134 Fmt 6633 Sfmt 6633 C:\DOCS\45611.TXT KATIE PsN: KATIE
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mediate, because of very small volumes of groundwater. We have

taken actions both for the terrace and the floodplain. We believe

those are having positive results in helping us contain the groundwater contamination.

The Tuba City site has a state-of-the-art treatment system to collect and treat contaminated groundwater. The system is effective

enough that the treated groundwater can be re-injected into the

ground. Navajo operators have been hired to operate the groundwater treatment plant.

In addition to conducting remedial action on the milling sites,

DOE has also remediated contaminated soils surrounding the sites

and properties in the vicinity of the sites as part of the vicinity

property program. That was done between 1978 and 1998. DOE investigated ten properties near the Tuba City milling site for possible inclusion in this program. Out of the 10, 1 site was included,

the other 9 did not exceed the standards, and therefore, no action

was taken.

Groundwater issues generally do not occur on vicinity properties,

because large volumes of process water normally used for milling

are not present at those vicinity property sites, and so generally do

not impact groundwater quality. Reauthorization of UMTRCA surface remediation authority would be required to perform additional

remediation of vicinity properties.

I would be happy to answer any questions you may have on our

activities.

[The prepared statement of Mr. Geiser follows:]

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Chairman WAXMAN. Thank you very much, Mr. Geiser.

Dr. Miller.

STATEMENT OF CHARLES L. MILLER

Mr. MILLER. Mr. Chairman and members of the committee, it is

a pleasure to be here before you today to discuss the U.S. Nuclear

Regulatory Commission’s regulatory role for uranium recovery facilities. I am also here to address any related concerns you may

have regarding the health and environmental impact on the Navajo

land from these NRC-regulated operations.

I have submitted my written testimony for the record. With my

allotted time this morning, I will summarize the key points.

NRC regulates uranium recovery facilities but does not regulate

uranium mining or abandoned uranium mine sites. There are only

two primary uranium recovery process: conventional mills and in

site leach facilities, which are referred to as ISLs. The conventional

mill processes uranium ore, which is crushed and sent through an

extraction operation to concentrate uranium and produce

yellowcake. This process produces a waste product called mill

tailings, which are a sandy ore residue.

The ISL uranium extraction process wells are drilled into rock

formations containing uranium ore. Water with oxygen and sodium

bicarbonate added is injected into the uranium ore body so that it

dissolves and can be extracted. The recovered uranium-bearing

water is pumped to a processing plant which separates out the uranium and concentrates it.

With the enactment of the Uranium Mill Tailings Radiation Control Act of 1978, referred to as UMTRCA, mill tailings became subject to NRC regulation. Title I of UMTRCA addresses uranium mill

tailing sits that were abandoned as of 1978. Title II addresses uranium recovery facilities and mill tailing sites that were operating

in 1978 and thereafter. The Title II sites are specifically licensed

by NRC or an agreement State.

Under Title I, the NRC is required to evaluate the Department

of Energy’s design and implementation of remedial action for the

abandoned uranium mill tailings sites, and after remediation, to

concur that those sites meet the standards set by the Environmental Protection Agency. Title I also requires NRC to evaluate

and concur in DOE’s remediation design and implementation for vicinity properties. Vicinity properties are lands in the areas surrounding the Title I sites that DOE has determined were contaminated with residual radioactive materials from the mill sites.

UMTRCA requires that after remediation, Title I and Title II

sites be under Government custodian care in perpetuity under

NRC license. To implement this requirement for Title I, the NRC

established in its regulations a general license authorizing DOE’s

custody and long-term care of the remediated sites. The general license becomes effective after NRC concurs with DOE that its sitespecific remedial action has been completed, and after NRC accepts

DOE’s long-term surveillance plan for the site. After these actions,

DOE is the perpetual custodian of the site under NRC’s general license.

Once a long-term surveillance plan has been approved, the DOE

has the primary responsibility to ensure public health and safety

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at the site. However, NRC continues to have an oversight role.

Four Title I sites are on Navajo lands, and have been articulated

by my colleague from the Department of Energy. Title II of

UMTRCA established the framework for NRC and agreement

States to regulate mill tailings and other wastes at uranium and

thorium mills licensed by the NRC at the time of UMTRCA’s passage in 1978.

Under Title II of UMTRCA, NRC regulates this material during

mill operation and ensures that the site is properly closed prior to

terminating the license. After license termination, the site is managed by the DOE or a State under a general license which imposes

conditions for custody and long-term care. Currently, there are no

Title II sites on Navajo land. However, two Title II sites are adjacent to Navajo lands.

The UNC site is currently being remediated at Crown Point and

is not operated. NRC staff has met with representatives of Navajo

EPA and Navajo Dine Policy Institute about future uranium recovery activities and recently held a meeting in Gallup, NM, where

the Navajo interpreter translated the NRC presentation to assist

many participants from the Navajo Nation. NRC intends to consult

and interact with the Navajo Nation on any applications that may

have implications on the Navajo Nation.

Mr. Chairman and members of the committee, I hope that my

testimony provides you with an understanding of the NRC’s role

with regard to these sites. I would be pleased to respond to any

questions. Thank you.

[The prepared statement of Mr. Miller follows:]

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Chairman WAXMAN. Thank you, Dr. Miller.

Mr. McSwain.

STATEMENT OF ROBERT G. MCSWAIN

Mr. MCSWAIN. Thank you, Mr. Chairman and members of the

committee.

Today I am pleased to have this opportunity to testify on what

is known about health and the environmental impact of uranium

mining on the Navajo Nation. I too was touched by the first panel,

clearly, and as the people that Indian Health Service is extremely

concerned about and serves.

The IHS responsibility is for the delivery of health service to an

estimated 1.9 million federally recognized American Indian and

Alaska Natives through a system of IHS, tribal and urban programs operated across and basically in a government-to-government relationship in acts of Congress. The mission of Indian

Health Service is to raise the physical, mental, social and spiritual

health of American Indians to the highest level in partnership with

tribes. It is the partnership with tribes that is very, very important

at this hearing.

The agency’s goal is to assure that comprehensive, culturally acceptable personal and public health services are available and accessible to the service population. Our duty is to uphold the Federal Government’s responsibility to promote healthy American Indian and Alaska Native people, communities and cultures, and to

honor and protect the inherent sovereign rights of tribes.

Three major pieces of legislation that we rely on throughout work

is the Snyder Act of 1921, the Indian Health Care Improvement

Act, which we are looking forward to reauthorization, certainly,

and of course the Indian Self-Determination and Education Assistance Acts, which enables tribes to assume management control of

programs. In this particular instance, there are several programs

on the Navajo that are in fact contracted with the Indian Health

Service.

The IHS has 12 area offices throughout the continental United

States and Alaska. One of those offices is located in Window Rock,

where the capital of the Navajo Nation is located. The Navajo Area

Indian Health Service is responsibility for the delivery of health

services to the American Indians in the States, in basically the

Four Corners area, approximately the size of West Virginia, with

a population density which is one-tenth of the U.S. average of 85

people per square mile, an important distinction when we talk

about population densities.

Comprehensive health care is provided by the Navajo Area Indian Health Service and the Navajo Nation through in-patient and

out-patient contract community health and environmental health

programs through 6 hospitals, 10 health centers, 13 health stations

and community-based activities. In fiscal year 2007, 1.2 million

out-patient visits and 56,000 in-patient days were provided by the

4,500 Indian Health Service and tribal staff on the Navajo Nation.

The IHS Sanitation Construction Program funded for the first

time water and sewer service to 1,098 Navajo homes in fiscal year

2007. The Navajo Nation and local health corporations administer

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approximately $89 million in the annual NIHS funding to deliver

and support health services to the Navajo people.

Now a little bit about the health and the environmental impact.

As you have heard by the experts, uranium is ubiquitous in the

Earth’s crust, but is especially concentrated in larger amounts in

the southwest, in the Navajo Nation. An estimated 3,000 to 5,000

Navajos worked in the uranium mines and the Navajo Nation reports the presence of over 1,300 abandoned mines on reservation

land alone.

In 2002, the Navajo Area Radiation Exposure Screening and

Education Program [RESEP], began operations as one of the seven

HHS RESEP grants in the United States. The Navajo Area Indian

Health Service worked closely with the Navajo Nation Division of

Health, Office of Navajo Uranium Workers, to implement the

grant, which incidentally is funded through August 31, 2008. In

1990 to 1991, the Indian Health Service OEHE program did in fact

work with EPA on a survey, a radon survey for a number of private

homes. The conclusion drawn was that in spite of the surface soils,

rich in natural uranium, most Navajo-occupied homes do not have

a problem with higher than recommended levels of radon, compared to the U.S. average.

Since the passage of Public Law 86–121 in 1959, IHS has been

constructing community water systems in Indian Country in accordance with EPA standards for safe drinking water. In the case

of Navajo area, we actually turned these systems over to the Navajo Tribal Utility Authority to operate and maintain. Compliance

with the Safe Drinking Water Act on Navajo Reservation has been

the responsibility of the Navajo Nation since 2001.

In conclusion, the Indian Health Service strives every day to be

true to our mission to elevate the health status of eligible Indian

people. We work in partnership with tribes and many other organizations and governments to provide preventive, curative, community and health care facilities and services throughout the country.

Thank you for the opportunity to present testimony before the

committee. I will be pleased to answer any questions.

[The prepared statement of Mr. McSwain follows:]

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Chairman WAXMAN. Thank you, Mr. McSwain.

Mr. Gidner.

STATEMENT OF JERRY GIDNER

Mr. GIDNER. Mr. Chairman, members of the committee, thank

you for having us here today to testify about this.

I am Jerry Gidner, I am the Director of the Bureau of Indian Affairs. I would like to talk very briefly about our role and the role

of the Department of Interior in the uranium issues at Navajo.

Over the past several years, the Office of Surface Mining and the

Department, in cooperation and with some assistance from the Bureau of Indian Affairs, under the authority of the Surface Mining

Control and Reclamation Act, did close numerous abandoned mines

on Navajo and remediated the physical safety hazards. BIA has

been working for some time negotiating with the Navajo Nation,

the Hopi Nation, EPA on what to do about the Tuba City landfill,

which has been contaminated by radionucleides from the Tuba City

site. What we understand is that over time, mine tailings were

used in the Tuba City area, over time, some of them made their

way into the Tuba City landfill. We are remediating that landfill

at present.

So our role in this remediation effort has been really very limited, basically to what I just said. Although we lack specific expertise in cleaning up uranium mines or uranium mill tailings, we do

stand in a position of being ready to cooperate with the other Federal agencies, with the Navajo Nation and with anybody else that

we need to to advance this issue.

I would be happy to take your questions. Thank you.

[The prepared statement of Mr. Gidner follows:]

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Chairman WAXMAN. Thank you very much. I want to thank each

of you for your testimony today.

Mr. Nastri, I would like to ask about the Northeast Churchrock

Mine site. When it was active, it was the largest underground uranium mine in the country. U.S. EPA went out and took radiation

tests at this site. At the mine area, the radium levels were as high

as 875 picocuries per gram. The EPA standard for deciding whether to clean up a site is 3.34 picocuries per gram. So that is 270

times the EPA standard.

Even in the back yards of two residences which are farther away

from the mine, the radium levels were up to 30 picocuries per

gram, that is 9 times the EPA standard. Those radiation levels

pose an exceptionally high cancer risk. In fact, exposure to the radium levels at the mine would create an excess risk of cancer of

1 in 100, for example, for every hundred people exposed to this

level of radium for a lifetime, one person will develop cancer that

otherwise would not.

In response to these exceptionally high levels of radiation, EPA

removed the top 6 inches of soil from a few residential yards. Mr.

Nastri, that didn’t take care of the whole problem at the site, did

it?

Mr. NASTRI. No, it did not.

Chairman WAXMAN. Even after EPA’s preliminary work, the

mine is still radioactive, there is much more contaminated soil and

the groundwater is contaminated. Has EPA taken any action so far

to remediate the groundwater?

Mr. NASTRI. We have not taken action to remediate the groundwater. We are working with Navajo Nation and EPA to address the

surface extent of the contamination. As you pointed out, we removed roughly 6,500 cubic yards. There is roughly 140 acres or

roughly 1.4 cubic yards that need to be addressed. Right now we

are in the position of evaluating what are the alternatives. You

heard earlier from the panel that they would like to see clean closure, they would like to see the material removed and stored in a

separate facility. That is certainly one of the evaluations that we

are looking at. We are looking at a whole range of evaluations. We

will discuss these with Navajo Nation once the cost estimates have

come together and hopefully, we will be able to address that situation.

Chairman WAXMAN. According to the Navajo living in the area,

EPA isn’t currently doing any cleanup work at the site. You indicated you are doing studies to evaluate the costs. But I really don’t

understand the delay. Why isn’t there any activity at the sites to

remediate these problems?

Mr. NASTRI. Well, the immediate problem was the homes and the

residence, as Director Etsitty talked about. That is where we took

immediate action. In fact, when you sort of look at historically

where do we take action, it is where there is that immediate

threat, that immediate risk. Unfortunately, when you look a the

site, yes, if you are on the site and you are exposed to the site,

there are problems associated with your own health and your own

risk.

But if that area can be fenced off and if that area can then be

assessed for how are we going to deal with it, if you look at nationVerDate 11-MAY-2000 12:40 Jan 30, 2009 Jkt 000000 PO 00000 Frm 00161 Fmt 6633 Sfmt 6633 C:\DOCS\45611.TXT KATIE PsN: KATIE
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wide, how do we address contaminated sites, there are a whole host

of ways that we do that. One of the most common options is reduce

the exposure, reduce the risk. People have talked earlier about,

well, if you are going to have containment areas, you should have

liners, you should have all these things that are necessary. I agree,

and that is part of the evaluation that we are looking at. But you

wouldn’t necessarily put in a liner if you are going to simply excavate all that material and go away.

But there are a number of complex issues that you have to look

at. For instance, if we are going to try to remove all this material

in a clean closure, how is that material going to be transported,

and transported in such a way that it doesn’t impact the roads,

that it doesn’t pose a health threat to anybody else along the way?

Those are part of the things that we have to look at and evaluate.

So to say that we are not doing anything, I would disagree with

that. I would say that we are actively engaged in this area, that

we are trying to find the right course of action, that we will continue to partner with them to do so.

Chairman WAXMAN. Tell us what EPA needs in order to clean up

this site. U.S. EPA and the United Nuclear Corp. need to pick up

this pace. Ms. Hood, who testified, she and her neighbors deserve

better than to be surrounded by radioactive contamination. What

do you need?

Mr. NASTRI. That is a good question. Part of the challenge that

we need is, I think, time. I know there has been a lot of time that

has already been focused on this. But we need time to complete the

engineering evaluation. It should not take years; it should not draw

on. But we do need to finish that evaluation.

The issue of resources within Navajo Nation and EPA, one of the

things that we have really done in terms of working with them is

to try to build their capacity. There was a request made earlier for,

I believe, 20 FTE for Navajo Nation to address these issues. Certainly having the increased capacity at the State level I think

would be very helpful. As you know, when we work throughout the

Nation, we work with the States. The States have the capacity,

part of what we have done is to try to build through the GAP program that capacity. The Navajo Nation also needs to implement in

terms of authorization of their own Superfund, Navajo Nation

Superfund program. That is an area that we have been working on.

With any agency, the more resources we have I think the more

that we can do. At this point, though, the big issue with the Northeast Churchrock site is making sure that engineering evaluation

cost analysis is done. After that, I would be in a better position to

come back to you, Mr. Chairman, and say, this is the selection chosen, this is what would be needed to implement the remedy.

Chairman WAXMAN. When do you expect that will be done? What

time can you give us?

Mr. NASTRI. One moment.

Mr. TAKATA. My name is Keith Takata. We actually completed

the evaluation and we briefed the Navajo Nation last month. Then

we are actually going to have a written report this fall. And we

would like to make a decision on the long-term cleanup early next

year.

Chairman WAXMAN. Thank you. My time is expired.

159

Ms. McCollum.

Ms. MCCOLLUM. Thank you.

What standard are you cleaning up to, industrial standards?

Mr. NASTRI. Typically we would clean up to a designated landuse standard. In this particular——

Ms. MCCOLLUM. I asked you what standard you were planning

on cleaning up to?

Mr. NASTRI. I don’t know the answer to that. My Superfund Division Director, Mr. Takata, may know.

Mr. TAKATA. We are using a residential number to compare the

analysis. We are comparing the options to the residence——

Ms. MCCOLLUM. You are using residential for everything?

Mr. TAKATA. Yes.

Ms. MCCOLLUM. For everything?

Mr. TAKATA. Well, to compare—yes.

Ms. MCCOLLUM. In the Navajo Nation, we are aware that there

isn’t a lot of rain. So the drinking water for livestock and agriculture is going to come from wells and springs. The Navajo Nation’s Abandoned Mine Lands program filled in most of the mines,

and they couldn’t protect against the groundwater contamination.

They could only use the funds that they had to eliminate physical

risks posed to open, abandoned mines.

Because high levels of uranium in drinking water can cause kidney failure, groundwater contamination is a real concern. Mr.

Nastri, the U.S. EPA conducted water samplings in 1988 and 1999.

You sampled 226 wells and springs. As I understand, the 1998–

1999 sampling wasn’t comprehensive. There weren’t multiple samples taken from the same sites over time. The sampling was not

done any more than a snapshot in time, is that correct?

Mr. NASTRI. The Army Corps actually conducted the sampling.

We had authorized them to do so. But the nature and the way you

described it is correct, yes.

Ms. MCCOLLUM. OK. Around 15 percent of the samples showed

elevated levels of uranium. I know some of the uranium is naturally occurring. But some of these readings are very troubling. For

example, samples were taken in the mountains above a school in

Cove. One of those samples came back with a radium, 238 level of

414 picocuries per liter. That is over 20 times the EPA standard.

Now, the EPA standard, I am also going to assume, is the standard for a white, healthy male, not for children. That is what it usually is, correct? Am I correct?

Mr. NASTRI. I think risk looks across exposure at all ages and sex

types, but I will stipulate to your assertion. Sure.

Ms. MCCOLLUM. That is my understanding, whenever I have

done anything to find out about EPA standards.

There is a stream near a school that has a uranium, 238 at a

reading of 71 picocuries per liter. That is over three times the EPA

standard. Now, there are young children at the school every day.

I want to know if the EPA has been back since 1999 to retest this

area.

Mr. NASTRI. Not to my knowledge, no.

Ms. MCCOLLUM. Has the EPA done any groundwater remediation at any of the mine sites at the Navajo Nation?

Mr. NASTRI. Not to my knowledge.

160

Ms. MCCOLLUM. Well, this is troubling, because comprehensive

groundwater testing is essential. The U.S. EPA needs to do a comprehensive groundwater sampling over time to ensure that the watersheds near the abandoned mines aren’t contaminated or in a

danger of becoming contaminated. Now, we are going to be monitoring the EPA’s progress, because the Navajo, like anyone else in

this country are entitled to clean drinking water for themselves

and for their livestock. I believe the EPA needs to do more than

just one round of spotty sampling.

The NRC is in the process of allowing a company, HRI, to start

possibly looking at doing this water slurry type of extraction. This

is very concerning and troubling to me. You don’t even know currently what the status of the water is, and yet the NRC is looking

at issuing mining licenses to even contaminate possibly more

water. I point out to you that the U.S. Geological Survey does not

share the same confidence that the NRC does in this type of mine

extraction.

Thank you, Mr. Chair.

Chairman WAXMAN. Thank you, Ms. McCollum.

Mr. Cummings.

Mr. CUMMINGS. Thank you very much, Mr. Chairman.

Mr. Nastri, I just have a few questions. I am really curious. To

one of the chairman’s questions, your answer was, we need time.

I can understand that, but while time passes, Mr. Nastri, people

get sick, people die, people develop kidney disease, children, babies

are born with birth defects, bone cancer develops and gets worse,

lung cancer, leukemia, while we wait.

Mr. Nastri, I would like to ask you about the Navajo homes built

with radioactive materials. Earlier we hard that the Navajo Nation, EPA has a list of 80 to 90 homes they suspect may have elevated levels of radon. In other words, they believe these homes may

be radioactive. They aren’t sure how many of these homes are currently occupied.

Let me ask you, for the record, the Navajo Nation EPA says that

it provided a list of these homes to U.S. EPA in 2001. Is that true,

and has U.S. EPA had a list of these homes for the past 6 years?

Mr. NASTRI. I am not aware of the list that was encompassing

80 to 90 homes. I am aware of 2 lists, one encompassing 28 homes,

2 of which we took immediate action for the removal; another list

that was developed by our Office of Radiation Indoor Assessment

that was 33 homes. I understand there is some anecdotal information about other homes. But that information has never been provided to us in a written format list that I am aware of.

Mr. CUMMINGS. So you are saying you know of at least 50, if I

got your numbers right, 50 some?

Mr. NASTRI. Correct.

Mr. CUMMINGS. You said 20 some and 30 some. And so what has

been done with regard to those other homes? You said you did

some removal for two. But what happened to the other 40 something?

Mr. NASTRI. Of the 2 lists, the 28 and the 2 were done in the

early 1990’s, I believe. The two that were destroyed were the ones

that posed risk to the residents that was above acceptable limits.

The 33, that was done separately by our Office of Radiation Indoor

161

Assessment. We actually are working with Navajo Nation to get

that list so that we can address and identify what needs to be done.

So we just received that list within, I believe, the last year or so.

Mr. TAKATA. In 2006.

Mr. CUMMINGS. How many were on that list?

Mr. TAKATA. Thirty-three.

Mr. CUMMINGS. But you had a list, you got that list last year,

and the other list, when did you get that? You talked about two

lists?

Mr. TAKATA. In 2006. Would you like me to clarify those?

Mr. CUMMINGS. Yes, please.

Mr. TAKATA. OK, so there was one list——

Mr. CUMMINGS. Can you come to the mic and tell me who you

are?

Mr. TAKATA. I am Keith Takata and I work for Mr. Nastri.

Mr. CUMMINGS. You play a major role here.

Mr. NASTRI. Mr. Takata is my Superfund Division Director and

is responsible for a lot of the work that goes on in the Navajo Nation.

Mr. CUMMINGS. Wonderful. Welcome.

Mr. TAKATA. Sir, let me try to clarify the list. There was a list

of 28, that was a list that EPA developed. Out of that list of 28,

there were 2 homes that had high levels. And we destroyed those

homes and provided new homes. So that——

Mr. CUMMINGS. So you all went out, when you looked at the 28,

you examined all of them, is that right?

Mr. TAKATA. Yes.

Mr. CUMMINGS. And found that 26 of them did not have levels

up to what you consider dangerous, is that right?

Mr. TAKATA. Right, and then the two did, and we destroyed those

two.

Mr. CUMMINGS. OK.

Mr. TAKATA. Then there is a separate list of 33 that was done

in a study. I am going to clarify the dates here. The study started

in 2001 and ended in 2006. We got the report in 2006. That is the

list of 33. Those are suspected homes with levels of contamination.

But they haven’t actually been—what we used was field monitoring

equipment to assess them. So the next step is the Navajo Nation

has agreed to go out and sample those homes and we have let them

know that if any of those homes have high levels, that we will go

out and clean them up.

Mr. CUMMINGS. Do we know whether people are living in those

homes?

Mr. TAKATA. No, actually, that was one of the things that needs

to be done when the Navajo Nation goes to each home, they need

to figure out what it is being used, what the current use is, and

what the levels are.

Mr. CUMMINGS. It is interesting, I was listening to the chairman

talk about they went through so many changes in getting that little

bit of dirt that they had here a little bit earlier, and everybody was

all upset and all concerned, and the Capitol Police and what have

you. I am just wondering, we are waiting for a study to be conducted, the study is taking from 2001 to 2006, I think you said.

Hello?

162

Mr. NASTRI. Yes.

Mr. CUMMINGS. 2006. What happens to those folks, let’s assume

there are people living there. What happens to them during that

time? I am just curious as to whether you would have your families

in that environment for 5 or 6 years?

Mr. NASTRI. I think there are a number of challenges that we

have to recognize. One of the things that we actually heard earlier

was the tie to the land. People do not necessarily want to move out

from their homes. So even though we have provided homes, that

doesn’t necessarily mean that we can get somebody to move out.

That is why it is so important to work with Navajo Nation, so that

we can try to get these actions taken.

Mr. CUMMINGS. But right now, as I close, Mr. Chairman, what

you are telling me is you don’t even know whether people even live

in the houses?

Mr. NASTRI. That is correct.

Mr. CUMMINGS. What I am saying is that the diseases that I just

stated, kidney, birth defects, bone cancer, lung cancer, leukemia, I

mean, these people could be suffering from these ailments. But you

don’t even know whether they’re in the houses. I mean, we do pay

you, don’t we?

Mr. NASTRI. You do pay us, and——

Mr. CUMMINGS. Yes, so in other words, you are paid by the U.S.

Government?

Mr. NASTRI. Yes, I agree to that, we are paid by the U.S. Government. We are paid to work with Navajo Nation. That is what we

are doing. We are giving them funding so they can build their capacity and infrastructure. We are trying to address the very concerns that you asked.

Mr. CUMMINGS. I see my time is up.

Chairman WAXMAN. Just on this question of time, in 1975, that

is when I came to Congress, over 30 years ago, Joseph M. Hans,

Jr., an EPA radiation expert, was sent to inspect an abandoned

uranium processing plant in Cane Valley, on Navajo territory, near

the Arizona-Utah line. To Hans’ dismay, at least 17 of the 37

homes tested contained radioactive ore or tailings. But they didn’t

have enough money, they didn’t ask for more time, they just didn’t

have enough money, so nothing was done.

I guess I am still a little perplexed about whether you really

need time, and that is all you need. Because in 1975, over 30 years

ago, EPA knew about the homes and didn’t do anything about it.

Mr. NASTRI. Thank you, Mr. Chairman. When I said more time,

I was thinking about the Northeast Churchrock site. Here is my

concern, that if we move too quickly on the remediation of this site,

it is possible that we don’t do a good enough job. Either we haven’t

transported everything or we haven’t built a proper containment.

And for us to move forward, Mr. Takata talked about moving forward in the spring of 2008, I believe the correct time that we had

looked for in an answer was March 2008, then have May 2008 to

go final, having gone through the public participation process.

That was the time that I referred to, because I am very cognizant

that if we move too fast, now that we have developed all this information, that we fail at the end. I just want to make sure that we

do this right.

163

Chairman WAXMAN. So you are talking about only one specific

area?

Mr. NASTRI. That is correct. I was only speaking of the Northeast

Churchrock mill site.

Chairman WAXMAN. But in other areas, like this one I cited, it

was 1975 when they found 17 of 37 homes that were radioactive

and that were a problem. What happened there? Do you know?

Mr. NASTRI. I don’t know what happened in 1975. But I do know,

and Mr. Takata can reiterate, we have a standing offer to the Navajo Nation that if they are aware of activities or a situation that

warrants immediate action, we can use our authorities, we can do

it on a site by site, specific basis, assess that and take appropriate

action. And we have done so and will continue to do so.

Chairman WAXMAN. Well, all I can say is, EPA has been aware

for 32 years of this houses. This man named Hans was an EPA employee. He found the problem. And you are waiting for the Navajos

to tell you what to do? That doesn’t sound right to me.

Mr. NASTRI. I agree with your assertion. It doesn’t sound right.

We have identified those sites, we took action where we thought

that there was risk. If there are other sites that we are not aware

of where there is risk that the Navajo Nation is aware of, those are

the sites that we will take action on.

Chairman WAXMAN. Well, Hans said he wrote to EPA headquarters in Washington, DC, recommending that the agency clean

up the most contaminated homes or relocate the occupants. He

said, ‘‘You have two risks, gamma radiation, and you have radon.’’

It wasn’t acceptable, he said. And his higher-ups said no. That is

the response he got.

He went on to say, ‘‘I still felt uncomfortable,’’ so he urged the

Indian Health Service to act. And the response from the Indian

Health Service was the same. ‘‘Finally, we got the message,’’ said

Hans, now retired and living in Las Vegas. ‘‘We didn’t have the

money to go decontaminating sites.’’ And still he wanted to warn

homeowners. Most spoke Navajo and were uncomfortable with

English, so Hans went back with a translator. And all he could say

is, you have a problem. He could offer no hope that the Government could fix it.

I am reading from the L.A. Times article by Ms. Pasternak. It

is a superb series. But this is really shocking, when I hear, you

need more time, and this was 32 years ago.

I am going to have Mr. Udall ask his questions, and we are going

to have another round.

Mr. UDALL. Thank you, Mr. Chairman.

Directed to Mr. Gidner here, you are the head of the BIA, right?

Mr. GIDNER. Yes.

Mr. UDALL. You are very familiar with the trust responsibility

that the Federal Government has to tribes, I am sure?

Mr. GIDNER. Yes, sir.

Mr. UDALL. As you know, the trust responsibility is something

that has existed for a very, very long period of time. The BIA is

at the front of that, of looking out for the tribes. The trust responsibility was built around the idea that there were language difficulties and cultural difficulties, and that the Federal Government was

going to be out there looking out for the tribes.

164

When you sit here today and listen to this first panel and then

hear this panel talk, how do you feel about the fulfillment of the

trust responsibility? Do you think that you have fulfilled the trust

responsibility, the Federal Government? How do you feel about

that?

Mr. GIDNER. I think that is hard to say.

Mr. UDALL. Hard to say?

Mr. GIDNER. Well, sir, I think——

Mr. UDALL. I would hope you would be outraged. I would hope

that you would stand up and say, we are supposed to be protecting

these people. We are supposed to be out there on the line. Have

you asked, have you asked any of these agencies to put money in

their budget? Have you asked them to put money in their budget

to remedy these contamination and cleanup problems, and radioactive homes, as the chairman has talked about? Have you asked

them to do that?

Mr. GIDNER. No.

Mr. UDALL. You know what I can’t believe here, tell me if this

is really true. This just absolutely amazes me. The BIA staff told

the committee staff, our staff here, that you have no responsibility

with respect to any aspect of this issue. That is the position of your

agency? This is the agency on the front line for trust responsibility.

Is that the position of the BIA?

Mr. GIDNER. I would disagree with that broad of a statement.

But I would say with regards to this issue, I think you need to

travel back in time. This started happening during the development of the nuclear weapons program, continued through the cold

war. I don’t know what BIA’s role or position——

Mr. UDALL. Wasn’t there a trust responsibility back during the

nuclear weapons program?

Mr. GIDNER. Yes——

Mr. UDALL. I thought the trust responsibility went back to the

treaty era.

Mr. GIDNER. Oh, it certainly does.

Mr. UDALL. We heard Mr. Arthur say the treaty with the Navajo

Nation was in 1868.

Mr. GIDNER. Absolutely.

Mr. UDALL. So we have had 150 years there where there is a

trust responsibility.

Mr. GIDNER. And the trust——

Mr. UDALL. Have you all fulfilled it? Do you feel you have fulfilled the trust responsibility to the Navajo Tribe with what you

have heard today?

Mr. GIDNER. I will return to my previous answer, and I would

like to explain, if I could. I think it depends. Because the trust responsibility is not the responsibility only of the BIA, it is the responsibility of the entire Federal Government. And if you look at

that——

Mr. UDALL. You folks are on the line, though.

Mr. GIDNER. Oh, absolutely.

Mr. UDALL. You have folks out there on the Navajo Reservation.

Mr. GIDNER. Absolutely.

Mr. UDALL. A lot of these agencies, they don’t have people there

on the ground.

165

Mr. GIDNER. That is true.

Mr. UDALL. So I interpret the trust responsibility to be your folks

on the ground. They contact these—they say, people are living out

here in radioactive homes. There is serious contamination. What is

your agency doing about budget issues? What are you doing to aggressively take care of this?

Mr. GIDNER. Well——

Mr. UDALL. Where was the BIA?

Mr. GIDNER. I will get to that in just a second, if I could. When

this began happening, we have to remember, the United States was

gearing up its nuclear weapons program. I just think we should all

wonder about that. What would have happened if BIA at that time

had said, sorry, you can’t mine uranium from the Navajo Nation.

I think we would still be having this hearing today, with all due

respect, Congressman. I don’t think BIA raising the trust responsibility argument would have gotten us very far in that context.

Mr. UDALL. Well, you know what BIA could have done, sir? Do

you know what the BIA could have done? My father has been involved in this issue for 35 years with a lawsuit, and eventually got

a law passed by Congress, because those uranium miners were

treated as guinea pigs. They were left, the Federal Government

knew they were working in mines that were dangerous. They knew

they were going to get cancer.

And guess what? The entire Federal Government is just like all

of you, sitting there, oh, going along merrily. And they let this tragedy happen. And if the BIA had spoken up then and said, we have

innocent people that are working in uranium mines and they are

going, based on the scientific evidence and based on the European

experience where there were specific causes of lung cancer, you are

going to have people dying. If one agency had stood up and said

that, maybe, maybe we would have prevented all of this tragedy,

and all of these folks here who have lost loved ones and breadwinners and it has put them further into poverty. Maybe that

would have been prevented.

But your version of the trust responsibility is what? I don’t understand it. What is your version of the trust responsibility? Why

haven’t you been out there saying something about this?

Mr. GIDNER. Well, I think——

Mr. UDALL. I give up, Mr. Chairman.

Chairman WAXMAN. Thank you, Mr. Udall.

Ms. McCollum.

Ms. MCCOLLUM. Thank you, Mr. Chair. I want to reflect my

strong agreement with what Mr. Udall has just spoken to. He only

gave up because he was out of time and the chairman generously

offered to give him more. I know he hasn’t given up.

I have to say, I wonder if this would have been New York City

where they had found the uranium or St. Paul, MN, or Los Angeles, right in the heart of a vibrant community, where people can

often more easily rise up against the powers that be, versus the nuclear weapons program, I don’t think the outcome would have been

the same as it was on the Navajo Reservation, where we frequently

see people who are made to feel powerless against this Government.

166

And the Native American community certainly reflects communities, as well as other minority communities, which have been

powerless when our Government or industry has decided, there is

something there that they want or that there is a place there that

would be a good place to bury waste, or to plant an incinerator. We

often find minority groups not being able to have the resources

available for them to fight back, and the Bureau of Indian Affairs

certainly should have been one of those resources for them.

Mr. Geiser, in one of the five——

Chairman WAXMAN. Before you leave that point—I will give you

extra time—I talked about this Mr. Hans, Joseph Hans from EPA,

went out 32 years ago and found all these homes and couldn’t get

EPA to act. He was going to the Department of Energy, trying to

get them to act. They just said, no, you have a problem there, but

we don’t have the resources.

But 200 miles away from the reservation, in Grand Junction, CO,

residents faced the very same problem. And there, the Government

moved with urgency to eliminate the health risks posed to homes,

schools and churches from these same, the failings from the Climax

Uranium Co. What happened was that the community got together,

they went to the State, they demanded action. They happened to

have a very powerful representative, Democrat Wayne Aspenall,

who was chairman of the House Interior Committee. So they got

a thorough cleanup, which ultimately cost more than $500 million.

The Navajos have not had a community that is powerful, they

haven’t had a champion like Aspenall, positioned as he was, to get

this money. And there are widely scattered settlements, people only

have a vague idea of radiation problems.

That illustrates your point. It isn’t just theoretical, it is very real.

I thank you, and I will give you extra time.

Ms. MCCOLLUM. Thank you, Mr. Chair.

And to your point about time, the Churchrock spill which you

were talking about earlier with our panel happened on July 16,

1979. And they are just getting around to cleaning it up in 2007.

So to your point, Mr. Chair, I even think in this instance we should

be just outraged at how long all this is taking.

Mr. Geiser, I want to go back. One of the five former uranium

mills in the Navajo Nation is the Tuba City mill. Going back to

cleaning these things up. Now, we have heard the surface cleanup

at that site is completed and that the DOE’s effort to clean up the

contamination groundwater is ongoing. However, we also heard

from the first panel that there are properties in the vicinity of the

Tuba City mill site that are still contaminated. There is a dump

site where radioactive material from the mill was apparently buried.

When DOE cleaned up the mill site, this material was not exposed. However, over time erosion has exposed this radioactive

waste site as a dump site. So we have a problem there.

Earlier, the Navajo EPA brought in a sample of radioactive dirt

and the sample came from the vicinity. From its gamma radiation

readings, we know that this is very dangerous. It is right across

the street, going to my whole point about how are we cleaning this

up, residential or industrial, this site is right across the street from

where Ray Manygoats lives.

167

So, Mr. Geiser, does the DOE agree that this radioactive material in this vicinity probably came from the Tuba City mill?

Mr. GEISER. From the information we have, yes, it probably did.

Ms. MCCOLLUM. OK. The DOE hasn’t been able to clean up this

property because your statutory authorization to conduct surface

remediation expired in 1998. Have you asked Congress to extend

this authority? And if you did, could the DOE clean up the site?

Mr. GEISER. The authority was extended several times to get to

1998. We have not asked since then to reauthorize it. We would

have the capability to remediate that site. It is directly across from

the Tuba City disposal cell. And actually, the one vicinity property

that we did clean up was the quarters for the people who were

doing the milling operation, which is actually between the site that

we are talking about, the Rare Metals site and the disposal cell.

I think you mentioned it was when we did the survey of that area,

some time between 1978 and 1998, the radioactive material was

not exposed at that point. So we believe, through weather action,

that came to the surface.

Ms. MCCOLLUM. Can you tell me what that site was cleaned up

to, residential?

Mr. GEISER. That site was, the Rare Metals site was not cleaned

up, because at the time, we did not find any radioactive contamination.

Ms. MCCOLLUM. That is interesting. Now that you are aware of

it, what are you going to do? I mean, when you go back to the office, don’t you, you know, what do you think the DOE should do?

Mr. GEISER. Well, the Department is prepared to work with the

Congress and should the Congress decide to reauthorize us to do

this type of work, we would be prepared to do that.

Ms. MCCOLLUM. And the administration, you would suggest that

the administration put forward a request in order to have the funding to do it? I mean, the authorization is great. But as Mr. Udall

and I sit on the Appropriations Committee, we know the money to

be able to do the work is just as important.

Mr. GEISER. If we had found the contamination, as described in

the EPA report, back when the vicinity properties program was

being conducted, we would have cleaned up that contamination.

Ms. MCCOLLUM. So now that you know about it, the contamination should be cleaned?

Mr. GEISER. Yes.

Ms. MCCOLLUM. We will be looking for it in the appropriations

process. Thank you, Mr. Chair.

Chairman WAXMAN. Thank you, Ms. McCollum.

Mr. Davis.

Mr. DAVIS OF VIRGINIA. Who is responsible for the cleanup of the

uranium mines and mills that were left behind?

Mr. GEISER. The uranium mill tailings, the four inactive sites,

when UMTRCA was enacted, that was the Department of Energy’s

responsibility.

Mr. DAVIS OF VIRGINIA. How about the 1,200 mines?

Mr. GEISER. That was not the Department of Energy’s responsibility.

Mr. DAVIS OF VIRGINIA. Who is responsible for that? Any idea?

It is not Energy?

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Mr. GEISER. Right. Currently, the——

Mr. DAVIS OF VIRGINIA. The Navajos didn’t cause it, did they?

Mr. GEISER. Currently, the Environmental Protection Agency is

working with the Navajo Nation on that.

Mr. DAVIS OF VIRGINIA. OK. This should be clear as possible and

ensure the job is done quickly and efficiently, don’t you think?

Mr. GEISER. Yes, sir.

Mr. DAVIS OF VIRGINIA. What kinds of health studies have been

conducted on the Navajo Nation to determine the impact of uranium mines on the public health in the area?

Mr. GEISER. Sir, that is not my area of expertise. I would defer

to the Indian Health Service or EPA.

Mr. DAVIS OF VIRGINIA. Well, let me ask Indian Health Service.

Anybody?

Mr. MCSWAIN. There have certainly been a couple of studies

done, but they’re sort of grants that are looking at specific areas

of radon, for example, with RECEP. There’s currently another

study going on that was referenced earlier, which is the Southeast

Institute that is actually looking at kidney disease related to

issues, but not in terms of any large-scale specific——

Mr. DAVIS OF VIRGINIA. Outside of the panel being assembled

here today, do you all ever get around the table and talk about this

and say, who does what and how might we resolve this? How many

times have you all been together to discuss this, Mr. McSwain?

Mr. MCSWAIN. This is the first time. I can assure you, I have

taken names and cards.

Mr. DAVIS OF VIRGINIA. Well, Henry, you have done something

good today. [Laughter.]

Mr. Gidner, what specific role does the Bureau of Indian Affairs

assume on a routine basis, and what have you done in this specific

process?

Mr. GIDNER. On this specific process, the Bureau of Indian Affairs has worked with the Office of Surface Mining on sealing abandoned mines and is currently remediating the Tuba City landfill.

Mr. DAVIS OF VIRGINIA. I will tell you what I would like to see.

This is something where everybody has a piece of it. But with a

name like Bureau of Indian Affairs, putting everybody together,

even if it is not maybe your specific jurisdiction, just bringing everybody to the table, to see if we can get some resolution of this,

that would be my view. Do you think you might be able to do that?

Mr. GIDNER. We could do that. We will cooperate with the other

agencies and Navajo Nation EPA.

Mr. DAVIS OF VIRGINIA. I have a feeling if you don’t do it, you

will be back here. Mr. Waxman will do it for you.

Thank you. Thank you very much.

Chairman WAXMAN. Thank you. Mr. Cummings.

Mr. CUMMINGS. Thank you very much, Mr. Chairman.

It is so easy to have a conspiracy of silence and do nothingness.

Are any of you outraged by what you heard from the first panel?

I am just curious. Anybody? You are?

Mr. GIDNER. Yes, sir, and I am outraged by the Tar Creek Superfund site and by 85 percent unemployment on the Oglala Sioux. Indian Country is hurting, sir.

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Mr. CUMMINGS. Did you know about this before you came here

today?

Mr. GIDNER. A little bit about it, yes.

Mr. CUMMINGS. And did you do anything about it? Did you

scream? Did you say, there is something wrong with this picture?

Mr. GIDNER. Not about the uranium, specifically, no.

Mr. CUMMINGS. Anybody else outraged? Yes, sir?

Mr. NASTRI. Yes, I am outraged.

Mr. CUMMINGS. And did you learn something new today that outraged you, or were you outraged before you got here?

Mr. NASTRI. I think I had a fairly good sense of the challenges

that we face. I certainly asked my staff a lot of very critical questions about where things were. In fact, I had a chance to speak

with Navajo Nation EPA director, Steve Etsitty——

Mr. CUMMINGS. And where was that?

Mr. NASTRI. A week and a half or so ago.

Mr. CUMMINGS. Did that conversation outrage you?

Mr. NASTRI. No. It did not outrage you. The question that I

asked the Navajo Nation EPA director was, I understand we are

going to be testifying. Tell me, what are the things that we are

doing, that we are not doing, where is there a problem from your

perspective. I have been regional administrator for several years.

No one from Navajo Nation has come to me and said, this is an

issue that you need to take care of right away.

So when I asked the director, he said, Wayne, you know, in the

past, we had an issue. We felt that the studies were taking too

long, and it was very difficult for us to get action. But that has

changed. Certainly in the last few years, we have had that type of

action. But I think the frustration that passed out with the length

of time, with the perception that perhaps we were being too research-oriented and not action-oriented.

So one of the things that we have said, and that is why I made

the commitment today, sir, is that we have made a standing offer

that we will use our removal authority, if there are issues that they

raise to our attention that we can say, this is an issue that we can

address under CERCLA, then we will do so.

Mr. CUMMINGS. Anybody else? Yes, sir?

Mr. MCSWAIN. You asked if we were outraged. Certainly when

I got here, I wasn’t as outraged as I was before. The reason for it

is, I think Mr. Udall talked about feet on the ground. The fact is,

we have a lot of health care providers out there on the ground who

are attempting to provide the best possible health care possible.

The fact is, people keep coming in and they are sick and they are

ill.

Mr. CUMMINGS. And some of them are dying.

Mr. MCSWAIN. Yes. And we can’t stop the reason. That is not our

role. Clearly, we work diligently on the water side of it, within the

scope of our authority. But again, not very successful, excepting the

fact that we are doing a lot of dancing out there trying to get

around these leavings.

Mr. CUMMINGS. I often say, this is the United States of America,

we can do better. I see my time is running out, but I need to refer

back to a November 19, 2006 L.A. Times article: ‘‘In 1981, 10 of the

reservation’s local governments called chapters asked the tribe to

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inspect houses for signs of uranium contamination. But we had our

old nemesis, money, TOE said. His appeals to the Federal agencies

were met with a real lack of interest. The prevailing attitude was

expressed in a December, 1986 memo by Charles Rue, an Indian

Health Service official stationed in the Navajo region. Ticking off

mining-related hazards, he wrote ‘Radon in homes is another significant but resource-consuming endeavor.’ The tribe had surveyed

96 homes and found 37 with radon levels above the EPA’s safety

threshold. He wrote to his superiors. Many areas near abandoned

mines have yet to be tested, included Monument Valley, where the

Hollidays live.’’

But this is the piece that got me, this is the piece. ‘‘But he recommended against getting involved because of the cost.’’ The

Health Service, he wrote, ‘‘should only monitor tribal efforts.’’ In

other words, he was saying, they should only monitor the results

of the mess that is there, they should only monitor the lung disease. They should only monitor the leukemia. They should only

monitor the bone cancer. They should only monitor the birth defects. They should only monitor the kidney disease.

These are human beings. They share this land with us. It is just

not right. I would suggest that if we cannot have more empathy for

our fellow human beings, maybe somebody needs to replace you

guys and let us have some other people who are outraged by all

of this. I can understand Mr. Udall’s concern. At some point, somebody’s got to say, just holler and say, no, this is not, we are not

going to have it this way.

We can say time, let’s wait, let’s wait, let’s wait, let’s wait, and

people will die. But if it were our families, if it were our children,

we would go crazy.

Thank you, Mr. Chairman.

Chairman WAXMAN. Thank you, Mr. Cummings.

Mr. Udall.

Mr. UDALL. Thank you, Chairman Waxman.

When I said I give up, I was giving up on getting what I thought

would be an answer, some kind of answer that would give me a little bit of solace, and the other members of this panel I think were

showing some outrage. Mr. Gidner, do you, reflecting on this, the

trust responsibility, do you have a sense that you want to come out

of this and really get this situation changed and get some resources

committed to this? Is something driving you to do that out of this

hearing?

Mr. GIDNER. I am in this business, sir, to help Indian people. I

am a Sioux St. Marie Chippewa myself. That is why I am here. We

deal with these issues every single day. Yes, I am outraged. BIA

has less than $10 million in its environmental budget. We do not

have specific expertise in cleaning up uranium. We clearly cannot

be the lead for money or technical expertise on this.

Now, as Congressman Davis suggested, could we convene the

agencies and the Navajo Nation and work together? Absolutely.

And I would be glad to do that.

Mr. UDALL. Good. I hope, and I hear the chairman saying he is

going to continue to be involved in this, and I hope that we will

be able to see some real progress.

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Mr. Nastri, you said, when asked a question about doing something about it, you said, no one has come to you. That seemed to

suggest to me that it was their fault, because they hadn’t come to

you, the EPA. It seems to me, when the EPA is in a relationship

with a tribe, which is starting a very new environmental enterprise, trying to develop the technical expertise of your agency,

which has been going now for 30 or more years, that you have a

responsibility to try to monitor what they are doing and keep an

eye on what is happening on the ground.

So I hope that the, that no one has come to me, that isn’t suggesting there is some fault on the part of the Navajo Nation and

its EPA and Mr. Etsitty that was here earlier from the Navajo

EPA.

Mr. NASTRI. I absolutely agree with you, and I certainly didn’t

intend to convey that. As regional administrator, I deal with 147

tribes, I deal with four States, I deal with all the U.S. territories

and the Pacific. By nature of the beast, so to speak, issues that are

more critical, that are high significance, tend to rise to my level.

Now, when I do go out and visit tribes, when I go and visit the

States, I am always asking the question, what are the issues that

are outstanding, that we need to be aware of that perhaps I am not

aware of? We always go in with a list of issues that we think are

critical. Are there more things that we can be doing, are there

things that we should be doing working with other agencies? Absolutely. We certainly deal with that.

Now, was I apprised of the situation? Sure. The question that I

asked my staff and others that we work with, are we on the right

track, is there something that we should be doing differently. And

that is oftentimes, frankly, in the type of work that we do, is one

of the biggest challenges that I have. Oftentimes, people want to

try to address a solution at a lower level, and they sort of view it

if they raise it, that perhaps that hasn’t been reflective of success.

So oftentimes, we do try to draw out those issues and we try to

seek those. If I don’t hear those things, a lot of times I will make

the assumption, OK, fine, things are going well. Because believe

me, when things aren’t going well, I hear it.

So when I learned of this hearing, my first question was, what

is going on here? We have been to Navajo Nation twice, and I have

certainly seen some of the lands, but I was always assured that,

we are working on those issues. To hear the stories that we heard

today, it absolutely has to pull at every one of us. We should all

be highly motivated to do something. And I am glad to hear that

BIA is going to move something, because if they weren’t, we would

have asked everybody. In fact, we all introduced ourselves as we

met. So absolutely, we are going to move forward and do what

needs to be done.

Mr. UDALL. Thank you. Thank you, Mr. Chairman.

Chairman WAXMAN. I just want to get one point nailed down.

Mr. McSwain, we heard about this blending of drinking water.

Mr. MCSWAIN. Yes.

Chairman WAXMAN. That doesn’t make sense to me. We have

drinking water that is contaminated and is being blended with less

contaminated water to Navajos living near Cove. Do you know how

many Navajos drink this blended whatever every day? What was

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the rationale for mixing less contaminated water with contaminated water for human consumption? Why not supply the community with less contaminated water? And is this well the only site

in which IHS is blending contaminated well water with less contaminated water to provide drinking water for Navajos?

Mr. MCSWAIN. First of all, Mr. Chairman, we do a fair amount

of blending, and the reason for it simply is, that as any contaminants are that are found in the water, we will go through a process. The process summarily is we will do filtering to reduce the

contaminant level. If that is not possible, then we will find a good

water source and mix it with the contaminated site to get the parts

per billion down. We are guided by certainly EPA’s guidelines on

Safe Water Act rules.

If that is not successful, we completely replace the system.

Chairman WAXMAN. Why wouldn’t you just replace the system?

We are talking about contaminated water. Do you know all the

studies and possibilities of health hazards from water that still is

contaminated?

Mr. MCSWAIN. Part of it is the fact that, as you well know, Indian Country is not exactly near-in. They are in very isolated areas

of the Nation. That is the process we have been using to in fact

provide potable water.

Chairman WAXMAN. Well, it sounds nonsensical to me. We will

pursue it further.

I want to go over some of the things that I think we need to have

done before we end this hearing, before you leave. I think the Federal Government has a responsibility, but that is not just you, it

is us, too. The Congress has a responsibility for oversight, and that

is the purpose of the hearing today. But as part of our responsibility, we have to give your agencies the tools you need to carry out

your job.

So I want to ask this question, and rather than have you respond

here, I want you to think about it and come back to us. What authority and what funding do you need in order to clean up the uranium contamination of the Navajo Nation and to address the

health problems resulting from that contamination?

I think that we need to have a number of things done simultaneously. The Federal Government needs to conduct a comprehensive health assessment of the risk posed to the health of the Navajo

people by the contamination from uranium mining and milling.

Second, the U.S. EPA should conduct detailed site assessments at

the priority mine sites, at least basic assessments at every abandoned mine site. Rigorous sampling of groundwater at these sites

is essential.

Third, where we have the data, we need to conduct cleanups.

Work has to be initiated or accelerated. And in consultation with

Navajo homeowners, U.S. EPA needs to remove occupied radioactive homes and provide replacement homes. Major surface and

groundwater remediation efforts must begin at the Northeast

Churchrock Mine site, and the Navajo people shouldn’t have to

wait 60 years for groundwater contamination from uranium mills

to be cleaned up.

If the Department of Energy needs an extension of statutory authority to clean up the Tuba City site, it is our job to get you that

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authorization, and we will do it. Going forward, the Federal agencies need to coordinate your actions and work in close cooperation

with the Navajo Nation government. What I would suggest to all

of you is to have a meeting, to proceed with trying to figure out

how to deal with this problem. We are going to be in session on

December 12th. I am going to ask you all to come back on December 12th, not for a hearing, but at least for a meeting, so that we

can get a progress report, to find out where you are, what authorities you need, what help you need, how it is being coordinated.

I really don’t want to hear EPA say it is DOE and DOE say it

is the Indian Health program, and the Bureau of Indian Affairs to

say it is not our job because we don’t have the expertise or the

budget. This is a Federal Government responsibility. All of us need

to take it seriously. I know you have specific budgets and specific

statutory responsibility. I want to remove this from the traditional

way of not doing things with different bureaucracies stymied by the

others.

Come in here in December 12th and tell us what you need to get

the job done. Then we will see where we go from there.

So that is my request to all of you, specifically tell us what authority, what funding, what coordination must be done between

your agencies and with the Navajo Nation.

Mr. CUMMINGS. Will the chairman yield?

Chairman WAXMAN. Yes.

Mr. CUMMINGS. Just very briefly, Mr. Chairman.

Mr. Chairman, I want to thank you for doing what you just did,

to hold feet to fire so we can get something done. One of the things

that I noticed is that agencies have a tendency to make promises,

and then they wait, they know we are not going to get back to

them for another 2 years. So then nothing gets done. But I really

appreciate your doing what you just did.

Chairman WAXMAN. Thank you very much. It is not the fault of

each individual agency or each individual witness. It is everybody’s

fault that we are not getting this done. We will jump in the pool

with you and take our responsibility seriously. So let’s figure out

what to do.

We will see you all on December 12th. It won’t be a public hearing, it will be a private meeting. Then we will decide whether we

need more public hearings after that.

One other thing. I want to indicate to you that our staffs, on a

bipartisan basis, are going to send you further questions to respond

to in writing. We would expect you to answer those questions so

we can have them for the record.

That concludes our business. The hearing is now adjourned.

[Whereupon, at 2:15 p.m., the committee proceeded to other business.]

[The prepared statement of Hon. Diane E. Watson follows:]

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