### 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 ofLaguna Letter ofSupport 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 ofJackpile Mine Area as a Superfund Site, this letter is submitted to concur with the listing ofJackpile Mine Site onthe 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 ofcontinuous, 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 ofspecific regulations pertaining to reclamation ofuranium mines, Pueblo of Laguna, Bureau ofIndian Affairs, and Bureau ofLand Managementjointly adopted the Record of Decision (ROD) document to guide the reclamation work, which started in 1989 and was completed in 1995. Reclaiming a mine ofthis 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 waterbelow 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 ofLaguna and Environmental Protection Agency (EPA) Region 6 regarding CERCLA Activities to ensure the protection ofhuman health and environment. Bothresolutions authorize the Governor to take all actions necessary to conveythe Pueblo's position on this matter to the EPA.

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### Therefore, the Pueblo ofLaguna 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 87026

Office of' The Governor (505)552-6654 The Secretary FAX: (505)552-6941 The Treasurer PUEBLO OFLAGUNA
Resolution No. l 0-10
Re: Approving Application for Designation ofJackpile 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 ofI,..agnna ("Pueblo") is a federally recognized Indian Tribe with all the inherent governmental powers ofa sovereign nation; and WHEREAS, pursuant to Article IV, Section 2 (k) ofthe Pueblo's Constitution, the Pueblo Council is authorized to exercise the sovereign powers ofthe 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 ofLaguoa lands as part of a larger survey ofthe GrantsMineral Belt, and WHEREAS, the purpose ofthese 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 ofthe results given to the Pueblo; the data collected from this survey would allow the EPA to focus their ground resources on those areas identified withhigh 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 longprocess; 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 byFebmary 2, 2010; oncenotice 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 ofthe Pueblo to apply for designation ofthe Jackpile Mine area as a Superfund Site. NOW, THEREFORE, BE IT RESOLVED that the Pueblo of Laguna Council hereby approves the submission ofan application for listing ofthe Jackpile Mine area on the National Pri01ity List, thereby designating it as a Superfund Site.
BE IT FURTHER RESOLVED that the Pueblo ofLaguna Council hereby authorizes the Governor to take any and all actions necessary to conveythe 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 ofLaguna 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£RCLAActivities.• 

# ·. ··. •.
. ..... ·. ·...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) ofthe

### Pueblo Constitution grants 

### to Jhe Council authorityto take 

### actions to

### promote and protect the public health and welfare ofthe 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 thatpast uranium mining activity on**Pl.1ebloJand~h<~s** 

### had on the Pueblo;s llir,land,waterlind othercultural resources; !llid**WHE.ItEA~,** 

### at this**Co~ncil** 

### meeting, !he E)?A proposed t.he ,;oucept pf 

### aMenwranc!Qm of Understanding(MOU) to.facilhate consultation, coordinationandcooperation among the Parties reg.an:ling plansan4 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 ofdialog 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, includirigtheirrespective legal Co\lnsel, tina\recomiiiendations forthe provisions dfs:Uch MQtJ were presented totherespe¢tive**decision~making** 

### authorities and h&v<': be.en>agreedupon; and 

### WHEREAS, the Council on May 4, 20YO,· 

### cot)sidered and approvedthe pr()posed MOU and teqllested thatrepresentatives frotti the EPA Region 6 office attend a Council.l11eetingso that the 

## two parties could sign 

## the.MotJ at aduly 

### 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 SecretaryCERTIFICATION**~ ~~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 meetingat which a quomm ofthe.Puehlo Council members was present

# t:~A~~~ Tribal Secretary ·