WASHINGTON -
Today, during a hearing of the U.S. Senate Committee on Indian Affairs on the Gold King Mine spill, U.S. Senator Tom Udall pressed Environmental Protection Agency (EPA) Administrator Gina McCarthy about the impact on the Navajo Nation and San Juan County. Udall, who serves on the committee and requested the hearing, pushed McCarthy to commit to a smooth claims process for spill victims seeking compensation, a strong government-to-government relationship between the EPA and the Navajo Nation, and to support designating the area as a Superfund site.
"In the West, rivers are a lifeline. This is especially true for the Navajo Nation -- which depends on limited surface water resources," Udall said. "The San Juan River is crucial. It brings water for drinking, irrigation and recreation, and also has cultural and religious significance to the Navajo people. So the federal government must own up to this tragedy."
To prepare for the hearing, Udall visited earlier this month with Navajo Nation leaders and farmers who showed him the impact that the spill has had on their land. Many farmers suffered significant damage due to the spill, Udall told McCarthy: "Those on the Navajo Nation and others affected by this spill must be compensated," Udall said. "The Navajo Nation has been on the receiving end of devastating environmental disasters -- brought on by the federal government and others -- for far too long. Mistakes have been made. We need to do everything in our power to make sure they are not made again."
Udall pressed McCarthy to commit to working with the Navajo Nation and other spill victims to handle damage claims quickly and appropriately, without trying to avoid responsibility. He also asked McCarthy to prioritize funding for long-term monitoring of the rivers and for compensation for those impacted. "That is our responsibility and we will meet that," McCarthy told Udall.
Udall also questioned Navajo Nation President Russell Begaye and other witnesses about costs associated with the spill, the long-term impact on human health and whether communities have received appropriate assistance from the EPA so far. "The government-to-government relationship could have been done much better, and we're going to stand with you to make sure it improves every day into the future," Udall said to Begaye.
"It's easy for Washington to expect things will return to normal in due time," he continued. "But it is clear this disaster will continue to affect the Navajo people."
The hearing before the Indian Affairs Committee was the second of two in the Senate to address the spill today.
Earlier, Udall addressed a hearing of the Senate Committee on Environment and Public Works
about the spill and outlined two bills he plans to introduce. Along with Senator Martin Heinrich and Representative Ben Ray Luján, Udall plans to introduce a bill this week to ensure the EPA continues to work with communities in Northwestern New Mexico and the Navajo Nation. It would require the EPA to compensate those who were impacted by the spill and continue to monitor water quality from the mine, which had been leaking contamination even before the spill.
Udall and Heinrich also plan to introduce a second bill in response to the spill that would reform the nation's antiquated mining laws, which date back to 1872, to ensure mining companies pay a royalty for the minerals they take from public lands. The royalty -- similar to that paid by oil and gas and coal companies -- would help pay for abandoned mine cleanup.
"I believe in the principle of the polluter pays.... But we are stuck with the 1872 mining law, which requires none of this," Udall said at the hearing. "These big mining companies are refusing reform, refusing to pay. Some look at this area and say that the 1872 mining law is some of the laxest public oversight of any industry. We cannot continue that way."
Below are Udall's opening remarks at the Indian Affairs hearing, as prepared for delivery:
Thank you, Chairman Barasso, and Ranking Member Tester, for focusing on this important issue to the West and to the rest of the nation.
In the West, rivers are a lifeline. This is especially true for the Navajo Nation, which depends on limited surface water resources. The San Juan River is crucial. It brings water for drinking, irrigation and recreation, and also has great cultural and religious significance to the Navajo people.
So the federal government must own up to this tragedy. And I'm encouraged that we have the administrator with us and she has taken responsibility for this accident.
Those on the Navajo Nation and others affected by this spill must be compensated. And I will be introducing legislation on that front with Senator Heinrich.
The Navajo Nation has been on the receiving end of devastating environmental disasters - brought on by the federal government and others - for far too long. Mistakes have been made. We need to do everything in our power to make sure they are not made again.
I recently visited the area to speak with President Begaye, Speaker Lorenzo Bates, Attorney General Branch and Gilbert Harrison. And others - like Mr. Chili Yazzie of Shiprock - who is also here today.
I heard their concerns. I saw the terrible impact that this spill was having. And I saw firsthand that farming for the Navajo people is not only critically important for food production - it also impacts the traditional teachings of young people who are finding their identity through agriculture.
It's easy for Washington to expect things will return to normal in due time. But it is clear this disaster will continue to affect the Navajo people.
How did this happen? How did we get to this point?
Sad to say, the Gold King Mine is only one of several abandoned mines that are leeching pollutants into the Animas river. There are thousands - some estimates from 160,000 to a half a million - of these abandoned mines, which are hurting and threatening waterways throughout the Rocky Mountain Range.
When we talk about public lands in the West, this is the legacy of the 1872 mining law - an ancient law that encouraged exploration for hard rock minerals, but did nothing to compensate the public for the extraction of valuable minerals. And on top of that, did nothing to require mines to clean up after they finished. And that's the legacy we're seeing here today.
The result - thousands of abandoned mines on public land. Contaminated land. Polluted streams. And the taxpayers having to pay for clean-up.
I believe in the principle of the polluter pays. Other, more recent laws have been trying this principle - polluter pays. But we are stuck with the 1872 mining law, which requires none of this.
These big mining companies are refusing reform. Refusing to pay. Some look at this area and say that the 1872 mining law is some of the laxest public oversight of any industry. We cannot continue that way.
Before I got into the House, Newt Gingrich saw the taxpayers being ripped off and passed a bipartisan bill through the House of Representatives to reform the 1872 mining law. It had a 300 vote margin. So this can be done, if we put our heads together and work with each other. And I'm very encouraged that we have a bipartisan effort here on the committee. I look forward to working with our Colorado senators who were also impacted.
Thank you very much, Mr. Chairman, for focusing on this.
