PUEBLO OF LAGUNA 

P.O. Box 194 


LAGUNA, NEW MEXICO 8 7026 


Qffice of 

The Governor (505)552-6654 

The Secretary FAX: (505)552-6941 

The Treasurer 

November 22, 2011 'c ; . ..... -~~.';· ·.·" 

Dr. AI Armendariz 


Regional Adminstrator (6RA) 


U.S. Environmental Protection Agency, Region 6 

· 1445 Ross Avenue 

Dallas, TX 75202-2733 

RE: Pueblo of Laguna Letter of Support for the NPL Listing 

Dear Dr. Armendariz: 

In reference to Pueblo ofLaguna Resolution No. 10-10, dated February 2, 2010, regarding the 

Approval ofApplication for Designation ofJ ackpile Mine Area as a Superfund Site, this letter is 

submitted to concur with the listing ofJackpile Mine Site on the National Priority List (NPL) during 

the next NPL update in March of2012. 

The Jackpile mine, once the largest open pit uranium mine in the world, is located near the Village 

ofPaguate on the Laguna Indian Reservation. During the 29 years of continuous, 24 hour per day, 

operations from 1953 to 1982, the mine handled 400 million tons ofrock and yielded 24 million 

tons ofuranium ore, which was shipped to processing facilities in Grants/Milan, NM and other 

areas. 

The mine closed in 1982 and the Final Environmental Impact Statement (FEIS) was completed in 

1986. Due to a lack of specific regulations pertaining to reclamation ofuranium mines, Pueblo of 

Laguna, Bureau ofIndian Affairs, and Bureau ofLand Management jointly adopted the Record of 

Decision (ROD) document to guide the reclamation work, which started in 1989 and was completed 

in 1995. Reclaiming a mine of this size proven to be no easy task and the Pueblo ofLaguna is still 

coping with many side effects ofmining. The legacy issues include, but are not limited to, elevated 

to highly elevated levels ofisotopic uranium in surface water below the mine area in Rio Paguate 

and Rio San Jose. The water is our most valuable natural resource, and surface water is a primary 

source for irrigation, livestock and wildlife on the reservation. There is also a very important factor, 

with direct impact to human health, ofprotecting the traditional and cultural uses ofsurface water. 

The subsequent Resolution No. 58-10, dated June 22,2010, approved the Memorandum of 

Understanding (MOU) between the Pueblo of Laguna and Environmental Protection Agency (EPA) 

Region 6 regarding CERCLA Activities to ensure the protection ofhuman health and environment. 

Both resolutions authorize the Governor to take all actions necessary to convey the Pueblo's 

position on this matter to the EPA. 
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Therefore, the Pueblo of Laguna is in full support oflisting the Jackpile Mine Site on the NPL and 

we are looking forward to working with EPA Region 6 to address the impacts ofpast uranium 

mining to Laguna's natura! and cultural resources. 

Thank you for your attention to this matter. 

Sincerely,

P(WLA(L 

Richard B. Luarkie, 

Governor 

cc: 	 Adam Ringia, ENRD Acting Director 

Barbara Cywinska-Bemacik, Environmental Program Manager 

Ladonna Turner, EPA, Risk and Site Assessment Section 

file 
PUEBLO OF LAGUNA 

P.O. Box 194 


LAGUNA, NEW MEXICO 8 7026 


Office of' 

The Governor (505)552-6654 

The Secretary FAX: (505)552-6941 

The Treasurer 

PUEBLO OF LAGUNA 

Resolution No. l 0 -1 0 

Re: Approving Application for Designation of Jackpile Mine Area as a Superfund Site 

At a duly called meeting of the Laguoa Pueblo Council held on the 2nd day of February, 

2010, the following Resolution was adopted. 

WHEREAS, the Pueblo of I,..agnna ("Pueblo") is a federally recognized Indian Tribe with 

all the inherent governmental powers of a sovereign nation; and 

WHEREAS, pursuant to Article IV, Section 2 (k) of the Pueblo's Constitution, the Pueblo 

Council is authorized to exercise the sovereign powers of the Pueblo, including the authority to 

promote and protect the public health and welfare of the members and other residents of the 

Pueblo; and 

WHEREAS, on September 29, 2009, a presentation was made to Council by staff of the 

EPA, Region 6 Office, in Dallas, Texas, requesting permission to conduct an Aerial 

Radiological Survey ("flyover") over Pueblo of Laguoa lands as part of a larger survey of the 

Grants Mineral Belt, and 

WHEREAS, the purpose of these flyovers was to identify structures and other areas that 

have elevated radiological activity associated with Jackpile mining activity, with the results to 

be analyzed by EPA and a report of the results given to the Pueblo; the data collected from this 

survey would allow the EPA to focus their ground resources on those areas identified with high 

levels ofradiological activity for possible remediation; and 

WHEREAS, on October 13, 2009, a government to government consultation between the 

Pueblo and EPA--Region 6 Office, took place, in order to begin discussions on the impacts that 

past uranium mining activity on Pueblo lands has had on the tribe's air, land, water and other 

cultural resources; EPA is looking for in this consultation process is what forms of 

comniunication can be agreed upon so that the Pueblo and EPA can have a conversation and 

dialog back and forth on issues ofmutual concern; and 

WHEREAS, during the government to government consultation, the EPA representatives 

were asked whether the Jackpile mine area might be eligible for listing as a Superfund site; they 

described the process of applying for designation as Superfund site, which requires different 

assessments and ranking with other sites throughout the country, a long process; and 

WHEREAS, the EPA has informed the Pueblo that if it wishes to be considered for a 

September 2010 listing, the EPA must receive notice from the Pueblo by Febmary 2, 2010; once 
notice is received the Pueblo would begin the application process for listing on the National 

Priority List in September, wherein EPA would conduct a Preliminary Assessment and Site 

Investigation ofthe Jackpile mine area; and 

WHEREAS, the Cmmcil is committed to addressing issues of health and safety for the 

Pueblo and community members and has detennined that it would be in the best interest of the 

Pueblo to apply for designation of the Jackpile Mine area as a Superfund Site. 

NOW, THEREFORE, BE IT RESOLVED that the Pueblo of Laguna Council hereby 

approves the submission of an application for listing of the Jackpile Mine area on the National 

Pri01ity List, thereby designating it as a Superfund Site. 

BE IT FURTHER RESOLVED that the Pueblo of Laguna Council hereby authorizes the 

Governor to take any and all actions necessary to convey the Pueblo's position on this matter to 

the EPA, and to take any necessary actions associated with the meaning and intent of this 

Resolution. 

~ro-r- Tribal Secre ary 
CERTIFICATION 


The foregoing Resolution was enacted by the Pueblo of Laguna Council on the Z:... day ofFebruary 

2010, by a vote of 1Q for, and --tr" opposed, at a duly called meeting at which a quorum of the 

Pueblo Council was represented. 

~.,~&~~~· Gove or U 

ATTEST: 

p~--
PUEBLO OF LAGUNA 

P.O; Box 194 

IACiUNA, NEWMEXIC() 87026 

()J}ieei;f; 

The'.Govemm· 

-Tftf!·'Sccre/my, 

T!~e- Tre.frttKe)• 

(505)552-66J.I 

HX: (505)5_i1-694t 

PUEBLO OFLAGtJNA COUNCIL 

Re~oh:rtion No, .58-10 

Re: 	ApprovaLofNlemoranduiii pfUndei"standing betweenthePueblo ofL:iguna and the 

E!lvirpmnental Prote~tion Ag.en!!Y\ Region 6Office; regardi!lg C£RCLA Activities .• 

·. ··. •. . ..... ·. ·...wt .·~ 

At aduly<;~tlled.rneeting oftlw J>u~l;lloofLag1.1na Ct;}Uncil he14 on theZZdayof(j~ 20LO,thefollowidgRe~olutiottwas.adopted · --

WfiEIUlA$, the P\lel:>!o ofLllguna (''J>\leblo") i> a fe4erally recognize4 IMi(t:il Tribe with 

aU the'iriherent iov~i:lll]1el)tal powers ofa .sovereign.n&tiol); ahd 

WHEREAS, Article IV, Section2 (k) of thePueblo Constitution grants to Jhe Council 

authorityto take actions to promote and protect the public health and welfare of the members 

lind ()thertesidents()t'the P\leblq; lind 

WHEREAS, on October 13, 2009, ·11 f()nnlll ggvernment-to,ggvennnent consult:'ltidn took 

place betWeen the Pueblo and :Envirotiiiientiii Protection Agency (EPA)-Regi()n 6 Office, the 

:purpose :ofwhich was to b~gin discussions on the i111pacts that past uranium mining activity on 

Pl.1ebloJand~h<~s had on the Pueblo;s llir,land, water lind other cultural resources; !llid 

WHE.ItEA~, at this Co~ncil meeting, !he E)?A proposed t.he ,;oucept pf a Menwranc!Qm of 

Understanding(MOU) to.facilhate consultation, coordination and cooperation among the Parties 

reg.an:ling plans an4 activities to.l!Ssess the impacts ofuraniliril>itiirungaM ensure the protection 

pf humlllllwaltl"i and the environment, :an4 the Pueblo Co.uneil agreed to pursue an MoVwit!; 

.lbe EPA; ancl · 

WHEREAS, the tyPe of dialog and communication envisioned between thePueblo a11d 

EPA is in furtherance ofPresidentiai Memoranda issued .in 1994 and 2004 and Executive Order 

B17$, "Consult!ltion alid .Coordination with Jnilial\ Tribal dovemillellts," (Nov .. 9, 2000), Fed. 

Rf!f5- 67, an4. most. recently with President Obama's. directive to all federal departments ahd 

[lgeJ1cie:> to jmpl~":!llentp6Iiciesfor direQt consultation with Indian tribal goyennnents;. and 

WfiEREAS, after .review and discussiOn on the provisions .ofthe MOU by both. parties, 

includirigtheir respective legal Co\lnsel, tina\ recomiiiendations for the provisions dfs:Uch MQtJ 

were presented totherespe¢tive decision~making authorities and h&v<': be.en>agreed upon; and 

WHEREAS, the Council on May 4, 20YO,· cot)sidered and approved the pr()posed MOU and 

teqllested that representatives frotti the EPA Region 6 office attend a Council.l11eetingso that 

the two parties could sign the.MotJ at a duly called Council m<:!eting. 
NOW, THEREFORE:, BE 1T RESOLVED that the Pueblo of Laguna Council hereby 

approves the MOU between the Pueblo and EPA, Region 6 Ot1ice. regarding CERCLA 

activities. 

BE IT FURTHER RESOLVED that the Pueblo of Laguna Council hereby authorizes the 

Govemor to take any and a!Laction(s) necessary to implement and convey the Pueblo"s position 

on this matter to the EPA and to take any necessary action(s) associated with the meaning and 

intent ofthis Resolution. 

\AT.~TES·T· : ... ·.· 7 . 

·~.~·· Ttib1ll Secretary 
CERTIFICATION 

~ ~~2]le foregoing Resolution was enqted by the Laguna. Pueblo Council on 

thiX:V'· -·day ofJune, 2010, by a vote of lift. for-ff against, at a duly called meeting at 

which a quomm of the.Puehlo Council members was present 

t:~A~~~ Tribal Secretary ·