State regulators outline permitting steps for five proposed uranium projects; tribal consultation, water and jurisdictional gaps remain central concerns

The state’s Mining Act Reclamation Program told the Radioactive & Hazardous Materials interim committee that five uranium projects are at various stages of permitting and review, and that jurisdictional splits and tribal concerns complicate the path forward. David “DJ” Ennis, Mining Act Reclamation Program manager, summarized permitting roles, interagency coordination and the status of the projects: Lahara Mesa (Laramide Resources), Roca Honda (Energy Fuels), Cebetta exploration (Premier American Uranium), and two in‑situ (NRC‑regulated) recovery proposals (Grama Energy and a Church Rock/Crownpoint project by Laramide).

Why it matters: several proposed projects lie within or near the Mount Taylor Traditional Cultural Property and tribal leaders have urged the state and federal partners to pause or deny new uranium permitting in that TCP. Additionally, one proposed mine (Roca Honda) anticipates dewatering tens of hundreds to thousands of gallons per minute and would discharge treated wastewater through a pipeline to the Rio San Jose under an NPDES permit — an operation that implicates water‑quantity and water‑quality regulators as well as federal review under NEPA.

Permitting, jurisdiction and the five projects

- State program and limits: Ennis said the Mining Act Reclamation Program (MMD) focuses on reclamation planning and financial assurance under the New Mexico Mining Act of 1993 and implementing rules (19.10 NMAC). MMD works with multiple state and federal partners (NMED, Office of the State Engineer, BLM, USFS) during permitting. Ennis noted the Mining Act excludes commodities and processes regulated by the Nuclear Regulatory Commission; in‑situ recovery projects are overseen by the NRC and fall outside MMD’s permitting authority.

- Lahara Mesa (Laramide Resources): Proposed conventional underground mine northeast of Milan on mixed private and U.S. Forest Service land. Operator materials indicate the ore is above the water table and the design anticipates a dry mine (no routine dewatering). Baseline data and sampling plans are in progress; the mine/reclamation plan has not been submitted for final technical completeness.

- Roca Honda (Energy Fuels): Proposed deep conventional underground mine northwest of Mount Taylor on mixed Forest Service, State Land Office and private land. The ore body is below the water table and the project envisions dewatering around 2,000–4,500 gallons per minute, on‑site treatment to potable standards and a roughly 10‑mile pipeline to discharge to the Rio San Jose (NPDES jurisdiction). Baseline reports and sampling are advanced; a revised mining operation and reclamation plan is anticipated.

- Cebetta exploration (Premier American Uranium): An exploration permit on private land (Cebetta land grant north of Laguna Pueblo) has supported multiple drilling phases; the permit was issued in 2023 and renewed in 2024 and 2025. Exploration does not currently require federal NEPA action because it is on private land.

- In‑situ recovery proposals (Grama Energy; Church Rock/Crownpoint by Laramide): These projects use well fields and solution‑mining methods that enrich uranium in situ. Ennis said in‑situ recovery is regulated by the NRC, which generally exempts those proposals from the state’s Mining Act reclamation permitting.

Committee concerns and follow up

Lawmakers asked detailed technical questions about baseline monitoring, long‑term liability and financial assurance, tribal consultation and public‑health impacts from legacy mining. Committee members requested clarity on whether MSHA or another agency would oversee worker safety at in‑situ operations, what federal NRC rule changes (if any) might affect state oversight, and how NPDES discharges could be coordinated with the Office of the State Engineer’s authority on water rights and water quantity.

Ennis reiterated common themes: many of the projects began permitting work in 2009–2012, then paused for years while operator interest or economic conditions changed; several reengaged in 2024. He said tribal consultation via the USFS Section 106 process and coordination with the State Historic Preservation Office (SHPO) are ongoing. He also confirmed that Roca Honda and Lahara Mesa are located within the Mount Taylor TCP, triggering heightened tribal concern and prompting multiple legislative memorials and resolutions opposing new uranium permitting in the TCP.

No permits were approved or denied at the meeting. Committee members asked MMD staff to follow up on specific technical items (water‑budget and dewatering assumptions; NPDES/pipeline interaction with the Office of the State Engineer; MSHA jurisdiction for worker safety; NRC rule changes affecting in‑situ recovery) and to provide additional documentation on baseline and environmental analyses as they become available.

What to watch next

Permits will advance or stall based on operator submissions and completeness reviews. For state‑jurisdiction mines, MMD said sampling and analysis plans, baseline data reports and a complete mining operation and reclamation plan are prerequisites to an environmental evaluation and financial assurance determination. For in‑situ projects, the committee flagged the NRC exemption as a point of ongoing legislative and agency interest.