Negotiations for the agreement began in August 2024 after Energy Fuels responded to Navajo concerns by halting its shipments of uranium ore. The negotiations involved numerous in-person and virtual meetings between Energy Fuels officials and Navajo Nation senior leadership.
Terms of agreement: Under the terms of the agreement, Energy Fuels is to incorporate additional protections and accommodations to its transport operations beyond the existing requirements of the U.S. Department of Transportation. The additions include the following:
- Limiting transportation to specified routes and hours of the day.
- Not transporting ore on days on which Navajo celebrations or other public events take place.
- Clearly specifying emergency response procedures and reporting requirements.
- Adding more insurance requirements.
- Adding more driver qualification and training requirements.
- Obtaining Navajo Nation transport licenses.
- Using state-of-the-art cover systems to prevent fugitive dust from transport trucks.
- Allowing for escorts and blessings at the discretion of the Navajo Nation.
- Adding inspection procedures to enable the Navajo Nation to ensure that all rules and agreements are being followed.
Energy Fuels has also agreed to transport, at no cost to the Navajo Nation, as much as 10,000 tons of uranium-bearing cleanup materials from abandoned uranium mines within the Nation. Those mines are described by the company as “an unfortunate relic of old U.S. government uranium programs that began in the 1940s, in which Energy Fuels had no involvement.”
Yet another commitment made by Energy Fuels is to “make further contributions to support the Nation’s transportation safety programs, education, the environment, public health and welfare, and local economic development on the Navajo Nation relating to uranium matters.”
Safety and the environment: Stephen B. Etsitty, executive director of the Navajo Nation Environmental Protection Agency, commented on the agreement, saying, “We have a settlement agreement that will allow the Navajo Nation to monitor and inspect the haul trucks and that provides financial compensation for the expenses to improve safety and protect the environment. The Navajo Nation appreciates the support from Arizona Governor Katie Hobbs, who facilitated the pause in transport activities which helped the Navajo Nation and Energy Fuels conduct the negotiations.”
Restoring trust: Mark Chalmers, president and chief executive officer of Energy Fuels, said, “The Navajo Nation has suffered longstanding impacts from uranium mining conducted during the Cold War era, resulting in numerous abandoned mine and mill sites on their lands. This has understandably caused mistrust toward the U.S. government and energy companies. I am personally honored that the Navajo Nation was willing to work with us in good faith to address their concerns and ensure that uranium ore transportation through the Navajo Nation will be done safely and respectfully."
Chalmers added, “We hope this agreement marks the beginning of a constructive relationship that restores trust with our neighbors, while also paving the way for future collaborations on cleanups and other areas of shared interest.”
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