America's Nuclear Past: Examining the Effects Of
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S. HRG. 116–94 AMERICA’S NUCLEAR PAST: EXAMINING THE EFFECTS OF RADIATION IN INDIAN COUNTRY FIELD HEARING BEFORE THE COMMITTEE ON INDIAN AFFAIRS UNITED STATES SENATE ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION OCTOBER 7, 2019 Printed for the use of the Committee on Indian Affairs ( U.S. GOVERNMENT PUBLISHING OFFICE 38–548 PDF WASHINGTON : 2019 VerDate Mar 15 2010 12:59 Dec 10, 2019 Jkt 038548 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\DOCS\38548.TXT JACK COMMITTEE ON INDIAN AFFAIRS JOHN HOEVEN, North Dakota, Chairman TOM UDALL, New Mexico, Vice Chairman JOHN BARRASSO, Wyoming MARIA CANTWELL, Washington LISA MURKOWSKI, Alaska JON TESTER, Montana, JAMES LANKFORD, Oklahoma BRIAN SCHATZ, Hawaii STEVE DAINES, Montana CATHERINE CORTEZ MASTO, Nevada MARTHA MCSALLY, Arizona TINA SMITH, Minnesota JERRY MORAN, Kansas T. MICHAEL ANDREWS, Majority Staff Director and Chief Counsel JENNIFER ROMERO, Minority Staff Director and Chief Counsel (II) VerDate Mar 15 2010 12:59 Dec 10, 2019 Jkt 038548 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\DOCS\38548.TXT JACK C O N T E N T S Page Hearing held on October 7, 2019 ............................................................................ 1 Statement of Senator Udall .................................................................................... 1 WITNESSES Chavarria, Hon. J. Michael, Governor, Santa Clara Pueblo ................................ 46 Prepared statement .......................................................................................... 48 Christensen, Loretta, Chief Medical Officer, Navajo Area Indian Health Serv- ice .......................................................................................................................... 21 Prepared statement .......................................................................................... 22 Cordova, Tina, Co-Founder, Tularosa Downwinders Consortium ....................... 57 Prepared statement .......................................................................................... 60 Gray, David, Deputy Regional Administrator, U.S. Environmental Protection Agency ................................................................................................................... 8 Prepared statement .......................................................................................... 10 Haaland, Hon. Deb, U.S. Representative From New Mexico ............................... 5 Harrison, Phil, Consult/Advocate, Navajo Uranium Radiation Victims Com- mittee .................................................................................................................... 56 Luja´n, Hon. Ben Ray, U.S. Representative From New Mexico ........................... 3 Nez, Hon. Jonathan, President, Navajo Nation .................................................... 39 Prepared statement .......................................................................................... 42 O’Konski, Peter, Deputy Director, Office of Legacy Management, U.S. Depart- ment of Energy ..................................................................................................... 17 Prepared statement .......................................................................................... 18 Riley, Hon. Ryan, Council Representative, Pueblo of Laguna ............................. 50 Prepared statement .......................................................................................... 52 APPENDIX Benally, Jerry, President, Navajo Uranium Radiation Victims Committee, prepared statement .............................................................................................. 86 Sanchez, Kathy, Environmental Health and Justice Program Manager, Tewa Women United, prepared statement .................................................................. 84 Zuni, Hon. Max A., Governor, Pueblo of lsleta, prepared statement .................. 77 (III) VerDate Mar 15 2010 12:59 Dec 10, 2019 Jkt 038548 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\DOCS\38548.TXT JACK VerDate Mar 15 2010 12:59 Dec 10, 2019 Jkt 038548 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\DOCS\38548.TXT JACK AMERICA’S NUCLEAR PAST: EXAMINING THE EFFECTS OF RADIATION IN INDIAN COUNTRY MONDAY, OCTOBER 7, 2019 U.S. SENATE, COMMITTEE ON INDIAN AFFAIRS, Albuquerque, NM. The Committee met, pursuant to notice, at 10:45 a.m. at the Southwestern Indian Polytechnic Institute (SIPI) Auditorium, Hon. Tom Udall, Vice Chairman of the Committee, presiding. OPENING STATEMENT OF HON. TOM UDALL, U.S. SENATOR FROM NEW MEXICO Senator UDALL. Good morning. Good morning, everyone. Good morning. Before we start the formal hearing, I would ask Governor Zuni to please come up here and give a prayer for us. Governor Zuni is with Isleta Pueblo. Mr. ZUNI. Good morning. [Prayer.] Senator UDALL. Governor Zuni, thank you very much for that prayer. It seems like you’re everyplace. I was just with you two days ago, recognizing veterans down at Isleta Pueblo. So with that, let me call this hearing to order. Good morning, and welcome to Indian Country. I’m Tom Udall, and as the Vice Chairman of the Senate Committee on Indian Affairs, it’s my pleas- ure to chair today’s hearing in my home state of New Mexico. I look forward to a good discussion. But before we begin, let me cover a few housekeeping items. To- day’s hearing is an official Senate Committee hearing on the Sen- ate Indian Affairs. It’s a field hearing. The Committee will hear testimony from two panels of witnesses, and Members of Congress will ask questions of those witnesses. As an official Committee business meeting, the format for today’s hearing is the same as the format we use for hearings in Wash- ington. It’s not a town hall, for example, where folks can speak out from the audience and ask questions. So while we are here to take testimony from our invited witnesses, anyone is welcome to submit written testimony that will be made part of the record for these proceedings. I invite you to e-mail your written submissions to [email protected]. That’s [email protected]. The official record will remain open for two weeks, until October 21st. (1) VerDate Mar 15 2010 12:59 Dec 10, 2019 Jkt 038548 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\DOCS\38548.TXT JACK 2 Also, please feel free to talk to my staff or Chairman Hoeven’s staff after the hearing with any questions. They are seated behind me and around the auditorium. And I’d like to thank the witnesses for being here, and for Con- gresswoman Deb Haaland and Congressman Ben Ray Luja´n for joining us today. Both members are champions for their districts, for New Mexico, and for all of Indian Country. Thank you, Deb and Ben Ray, for being here. I also want to acknowledge New Mexico State Representative Harry Garcia, who represents the area where much of today’s dis- cussion takesplace, and is here today on behalf of his constituents. Congressman O’Halleran of Arizona, our bordering district over there, also has sent staff to observe today. Welcome to Congress- man O’Halleran’s staff. And finally, a special thanks to our host, to the Southwest Indian Polytechnic Institute for hosting us in their wonderful facilities, and for SIPI staff for working with us to pull together this hearing. I believe I talked to her a minute ago. President Allison is here in the audience. Today’s hearing, entitled ‘‘America’s Nuclear Past: Examining the Effects of Radiation in Indian Country,’’ is an opportunity for us to reflect on the unique history and legacy of the atomic age in Indian Country. Uranium mining played a key role in our country’s development of its nuclear arsenal during the Cold War. Much of that mining took place in Indian Country here in New Mexico, Ari- zona, Utah, and across the West, exposing uranium mine workers to toxic levels of radiation in the process. My father, Stewart Udall, and I brought the stories of deceased Navajo uranium miners to light and sued on their behalf and their widows’ forfair compensation from the federal government. In addi- tion to the Navajo miners, countless others were unknowingly ex- posed to radiation, sacrificing their health and even their lives to the Cold War effort. Many of these downwinders, miners, and mil- lers have long since passed. Others are still living with the effects of uranium contamination decades after the mining ceased. So I am working hard in Congress for legislation that would provide just treatment to victims of radiation exposure through amendments to the Radiation Exposure Compensation Act. Today’s hearing is about understanding the past and remedying past wrongs. It is also a call to action for the present and future. Native Americans, in particular, have been disproportionately im- pacted by nuclear weapons development, testing, and uranium ore mining. For instance, Eight Northern Pueblos sit at the foothills of the Los Alamos National Laboratory. For generations, tribal mem- bers have worked at the Labs during the development of the first atomic bomb and to this day. Being in close proximity to highly toxic and radioactive materials has led many to experience serious health conditions linked to radiation exposure. And during the test- ing atTrinity, in southern New Mexico, and the Nevada Test Site, many tribal nations including the Mescalero Apache, Navajo, and Hopi were downwind of nuclear fallout, exposing their citizens, livestock, water, and food supply to dangerous radiation with little or no warning. Cancer, respiratory illness, and many other health problems soon followed and continue to this day. VerDate Mar