¦' lJOIA	Abandoned Uranium Mine

V/Clfi Settlements on or near the Navajo Nation

U.S. Environmental Protection Agency • Region 9 • San Francisco, CA « November 2 0 2 0

The U.S. Environmental Protection Agency (USEPA) has entered
into enforcement agreements and settlements valued at over
$1.7 billion to reduce the highest risks of radiation exposure to
the Navajo people from abandoned uranium mines (AUMs).
As a result, funds are available to begin the assessment and
cleanup process at 230 of the 523 abandoned uranium mines. The
settlements are part of a larger strategy to address AUMs on and
near the Navajo Nation. The table below provides information on
the separate enforcement agreements and settlements to address
these abandoned uranium mines.

Over $1.7 billion is now available to begin the assessment and cleanup process
at 230 mines, about 40% of the abandoned uranium mines on the Navajo Nation.

*The Tronox settlement funds 55 mines, including mines in New Mexico that are
not on the Navajo Nation.

Tronox

42 mines*

Cyprus Amax&
Western Nuclear
94 mines

Private Company

41 mines

Phase 1 and 2 Settlements

53 mines

Cyprus Amax and
Western Nuclear
Consent Decree
(Settlement)

Enforcement
Agreements with
private companies1

babbitt Ranches, BNSF,
Chevron, El Paso Natural Gas,
EnPro Holdings, Homestake,
United Nuclear Corporation

When Tronox, a successor to Kerr
-McGee, filed for bankruptcy
in 2009, USEPA and the Navajo
Nation, among others, filed
claims and received settlements
in the bankruptcy. The United
States, on behalf of USEPA
and other agencies, then filed
a lawsuit against Anadarko,
another successor of Kerr-McGee,
seeking additional funding for
the AUMs. The United States
and others involved ultimately
achieved a $5 billion national
settlement in 2014, of which
USEPA received almost $900
million for cleanup of more than
50 AUMs associated with Kerr-
McGee including the 42 mines
on or near the Navajo Nation. In
addition, USEPA received close
to $90 million for the Quivira
mine. The Navajo Nation received
$44 million. The funds allocated
to USEPA are mandated by the
court to be spent by USEPA to
address contamination at the
Navajo Nation AUMs.

The United States on
behalf of USEPA and other
federal agencies entered
into a historic settlement
with Cyprus Amax and
Western Nuclear in 2017
for the cleanup of 94 mines
on the Navajo Nation.
The settlement requires
Cyprus Amax and Western
Nuclear to perform the
work.

The United States will pay
approximately half of all
costs, including USEPA
and the Navajo Nation
Environmental Protection
Agency oversight costs,
through a trust funded
at $335 million. Cyprus
Amax and Western
Nuclear will fund the
other half of the work.

This settlement has an
estimated value of $600
million.

USEPA has entered into
enforcement agreements
with seven parties to assess
contamination or take other
removal actions at 37 AUMs,
and to install interim safety
measures such as fencing and
signage. Each agreement varies
in scope and dollar amount for
the work, but USEPA intends to
follow up with agreements for
cleanup as necessary. USEPA
funds the Navajo Nation
Environmental Protection
Agency oversight of these
agreements via grants.

Ongoing efforts include
identifying the companies
responsible for the unfunded
AUMs in this region and
engaging them to assess and
clean up the mines.

Phase 1 and 2
Trust Settlements

The Navajo Nation negotiated with the United
States to address the U.S. Atomic Energy
Commissions role in developing historical
uranium mining on Navajo lands. As a result,
the United States and the Navajo Nation
entered into two legal agreements (the Phase 1
Settlement in 2015 and the Phase 2 Settlement
in 2016) that provide funds to assess and clean
up 16 "priority" mines that have elevated
radiation levels and are near homes, or have a
potential for water contamination. The Phase
2 Settlement also provides funds to assess an
additional 30 mines, and conduct two water
studies located on the Navajo Nation. The
Navajo Nation has selected Navajo trustees
with concurrence and approval of the United
States, to manage the trust funds and do the
work under the oversight of USEPA and the
Navajo Nation Environmental Protection
Agency (NNEPA). The United States provided
$13.2 million for the Phase 1 settlement,
and $8.5 million as the initial payment for
the Phase 2 settlement. The agreements also
provide for payments of the USEPA and the
NNEPA oversight costs.

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