The Havasupai Tribe is one of America’s more secluded tribal groups, and the community has a long and rich history in the Grand Canyon region.[1] After facing constant displacement over the span of decades, Gerald Ford signed The Grand Canyon National Park Enlargement Act in 1975, which gave the tribe 185,000 acres of land.[2] Today, that land is known as the Havasupai Reservation.

 

After the land was returned to the Havasu, 1.6 million pounds of uranium was discovered.[3] It was not discovered on officially recognized Havasupai land but in ancestral Havasupai territory. This land is known as Kaibab National Forest, and it has great religious significance to the Havasu.[4] This was part of the reason that the Havasupai took legal action to prevent the desecration of the land for the purpose of extracting natural resources.[5] The United States District Court in Arizona held that the approval of a plan for proposed uranium mining in the region did not violate the tribe’s First Amendment right to free exercise of religion.[6]

 

In addition to religious significance, extraction of uranium in this region poses a major health concern for the Havasu. Beneath the Kaibab National Forest, near Pinyon Plain Mine, is the aquifer that provides the Havasupai with their drinking water supply.[7] Contaminating the aquifer can cause physical detriments in the Havasupai for generations to come.[8]

 

Energy Fuels, Inc. is a Canadian company that is currently engaging in uranium mining in the Kaibab Forest.[9] For the past couple of decades, Energy Fuels was unsuccessful in obtaining a permit to mine this area, and it seemed that the Biden administration was working to include tribal voices more at the legislative level in an effort to address their concerns and protect tribal communities.[10] However, Energy Fuels was recently able to obtain a permit by invoking the 1872 General Mining Act, which stated that all public federal lands could be mined by individuals and companies, as long as they had a sizeable discovery of resources such as gold, silver, and uranium.[11] This statute was intended to motivate prospectors during the Gold Rush era.[12] After the Gold Rush, the 1872 Mining Act should have been repealed because it had fulfilled its original purpose of attracting prospectors and was no longer relevant following the Gold Rush. However, the statute was not repealed. To the contrary, the U.S. government is supportive of Energy Fuels invoking the 1872 Mining Act.[13] This is likely in part because Energy Fuels has an active working contract with the U.S. government. Government officials also often claim the prospective mining activity will bring economic opportunity, tax revenue, create jobs, and help address environmental concerns because nuclear energy is an alternative energy source with unique benefits.[14] Energy Fuels promised to provide the U.S. government with 3 million pounds of uranium by 2030 to create the U.S. Strategic Uranium Reserve, a nuclear energy backup in the event of a significant market disruption.[15]

 

While nuclear energy has its downsides, it does have the benefits of lower greenhouse gas emissions and being a stable energy source.[16] Despite the potential benefits of nuclear energy, the United States cannot overlook the concerns and safety of the surrounding Havasupai community. The safety of this indigenous community should be of utmost importance, and there should be open dialogue between tribal officials and the parties engaging in uranium mining. If a proper agreement is reached, it is possible that this could become a mutually beneficial venture. President Biden recently formally apologized to Native American communities in Arizona for the historic subjugation of Native Americans to boarding schools that attempted to erase their culture.[17] Many viewed this as a step in the right direction, and we must ensure that it does not become viewed as a mere performative action. The way to continue this momentum is to prioritize the safety of Native American communities over corporate interests.

 

 

 

[1] Lovett, Land Near Grand Canyon Restored to Havasupai Indians, U.S. Department of the Interior (Jan. 17, 1975), https://www.bia.gov/as-ia/opa/online-press-release/land-near-grand-canyon-restored-havasupai-indians.

[2] Id.

[3] Nikki Main, Radiation fears in the Grand Canyon: Uranium mine opens just miles from national attraction – as experts warn it could pose health and ecological hazard, Daily Mail (Jan. 14, 2024), https://www.dailymail.co.uk/sciencetech/article-12951601/uranium-grand-canyon-health-environment-hazard.html.

[4] Havasupai Tribe v. United States, 752 F. Supp. 1471, 1475 (D. Ariz. 1990), aff’d sub nom. Havasupai Tribe v. Robertson, 943 F.2d 32 (9th Cir. 1991).

[5] Id.

[6] Id. at 1487.

[7] Kasha Halbleib, Examining Uranium Mining in the Canyon Mine, 40 Pace Envtl. L. Rev. 357, 360 (2023).

[8] Id.

[9] Id.

[10] Id. at 387.

[11] Bethany Sullivan, Environmental Justice in Indian Country, Ariz. Att’y 22, 22-23 (April 2019), https://www.azattorneymag-digital.com/azattorneymag/201904.

[12] About the Mining Act of 1872, Okanogan Highlands Alliance, https://okanoganhighlands.org/mine-monitoring/resources-post/mining-act (last visited Nov. 13, 2024).

[13] Energy Fuels Announces 2022 Results; Emerging as the Leading US Producer of Critical Minerals with Focus on Uranium and Rare Earth Elements, Energy Fuels (Mar. 10, 2023), https://www.energyfuels.com/2023-03-08-Energy-Fuels-Announces-2022-Results-Emerging-as-the-Leading-US-Producer-of-Critical-Minerals-with-Focus-on-Uranium-and-Rare-Earth-Elements.

[14] Id.

[15] Id.

[16] What Are the Pros & Cons of Nuclear Energy?, Torus, https://www.torus.co/learn/what-are-the-pros-cons-of-nuclear-energy (last visited Nov. 13, 2024).

[17] Id.