HOUSE MEMORIAL 50
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Patricia A. Lundstrom
A MEMORIAL
REQUESTING THE CREATION OF A URANIUM MINING TASK FORCE.
WHEREAS, the Grants mineral belt, situated between Gallup and the Pueblo of Laguna in New Mexico, contains one of the world's richest uranium deposits; and
WHEREAS, beginning in the 1950s and 1960s, private companies began extensive exploration, mining and milling activities related to the uranium deposits located in the Grants mineral belt on private, state, federal and tribal lands; and
WHEREAS, these activities continued through the 1990s, resulting in the mining and milling of more than one hundred seventy-five thousand tons of uranium ore from lands located in New Mexico; and
WHEREAS, unremediated contamination resulting from past uranium exploration, mining and milling activities constitutes a continuing threat to the health and well-being of residents of northwestern New Mexico; and
WHEREAS, state and federal studies have repeatedly shown that surface water, ground water and soils were and remain irreversibly contaminated by past uranium mining and milling activities; and
WHEREAS, the recent increase in demand for new sources of uranium and the subsequent spike in the price of uranium has led to increased interest in resuming uranium mining and milling in New Mexico; and
WHEREAS, the federal energy information administration has estimated that New Mexico has reserves of at least three hundred forty-one million pounds of yellowcake that can be mined at a cost of fifty dollars ($50.00) per pound or less; and
WHEREAS, over the past five years, the mining and minerals division of the energy, minerals and natural resources department has received twenty applications for the drilling of exploration holes related to uranium mining, eight of which have been approved and eleven of which have been withdrawn or denied, with the remainder still being processed; and
WHEREAS, the federal nuclear regulatory commission is processing applications for the construction of new in situ leach mining facilities to be located near Church Rock and Crownpoint, New Mexico; and
WHEREAS, interest has been expressed in reopening the underground uranium mine located on Mount Taylor; and
WHEREAS, in March 2010, the United States tenth circuit court of appeals ruled that Hydro Resources' Section 8 property near Church Rock is not Indian country, and subsequently, the federal nuclear regulatory commission has issued a uranium mining license to Hydro Resources; and
WHEREAS, New Mexico regulates uranium mining and milling activities through the department of environment and the mining and minerals division of the energy, minerals and natural resources department; and
WHEREAS, the ground water quality bureau of the water and waste management division of the department of environment is responsible for reviewing and acting on applications for ground water discharge permits, which permits would be required for any facility that may potentially impact ground water, including uranium mining and milling facilities; and
WHEREAS, the interim legislative Indian affairs committee at its meeting on October 2, 2008, voted without opposition to form a subcommittee to look into ways in which the New Mexico Mining Act and other state statutes and rules may need to be amended to provide adequate environmental protection in view of modern uranium mining techniques, which request was approved by the New Mexico legislative council; and
WHEREAS, the New Mexico Mining Act subcommittee of the Indian affairs committee met on October 30, 2008 and, following a six-hour meeting, voted without opposition to support a memorial and accompanying appropriation request in the 2009 legislative session requesting the appointment of a technical task force during the 2009 interim to continue a study of statutory and regulatory changes that may be necessary to protect New Mexico's natural resources from adverse environmental impacts that could result from the implementation of new uranium mining techniques in New Mexico and to advise the mining and minerals division of the energy, minerals and natural resources department on continuing efforts to clean up abandoned uranium mine sites in New Mexico;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the governor be requested to appoint a uranium mining task force, whose members shall include representatives from the mining and minerals division of the energy, minerals and natural resources department, the water and waste management division of the department of environment, the historic preservation division of the cultural affairs department, the Indian affairs department, the New Mexico bureau of geology and mineral resources at the New Mexico institute of mining and technology, the Navajo Nation, the uranium mining industry, environmental interest groups, a representative from the northwest New Mexico council of governments, a representative from McKinley county, a representative from Cibola county, a member of the senate and a member of the house of representatives, each of whom represents a district that may be affected by the resumption of uranium mining and milling activities in New Mexico; and
BE IT FURTHER RESOLVED that the governor be requested to designate the mining and minerals division of the energy, minerals and natural resources department to provide administrative support to the uranium mining task force; and
BE IT FURTHER RESOLVED that the uranium mining task force be requested to prepare a report to the governor and the legislature that provides information and recommendations regarding the prospects for the resumption of uranium mining and milling activities in New Mexico, including the location and extent of such activities; the potential adverse impacts, if any, on New Mexico's natural and cultural resources that may result from the resumption of uranium mining and milling activities; the adequacy of New Mexico's current statutes and administrative rules to protect New Mexico's natural and cultural resources from any potential adverse impacts resulting from the resumption of uranium mining and milling activities; and revisions to New Mexico's current statutes and administrative rules that may be necessary to protect New Mexico's natural and cultural resources from any potential adverse impacts resulting from the resumption of uranium mining and milling activities; and
BE IT FURTHER RESOLVED that the uranium mining task force present its report to the governor and to the appropriate interim legislative committees by October 1, 2011; and
BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the secretary of energy, minerals and natural resources, the secretary of environment, the secretary of Indian affairs, the state geologist and the state historic preservation officer.
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