Contamination on ANCSA Conveyed Lands

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Background

The Alaska Native Claims Settlement Act (ANCSA) of 1971 included the transfer of 44 million acres to Alaska Native regional and village corporations. Some of these lands became contaminated prior to conveyance (transfer) from a variety of past activities such as fuel storage, power generation, waste handling practices, mining and other activities.

These contaminants — which include but are not limited to arsenic, asbestos, lead, mercury, pesticides, polychlorinated biphenyls, and petroleum products — can pose health concerns to Alaska Native communities, impact subsistence and cultural resource activities, and impair economic opportunities.

EPA's Contaminated ANCSA Lands Assistance Program provides cooperative agreements to Alaska Tribal entities for environmental clean up on ANCSA lands that were contaminated prior to the time of conveyance.

Learn more:

Contaminated ANCSA Sites Common Operating Picture and Inventory

The EPA Contaminated ANCSA Sites Common Operating Picture is a GIS-based map interface that enables users to interactively view information about contaminated ANCSA sites.

Sites on the Common Operating Picture initially include sites from the 2019 BLM ANCSA Inventory Data, but there is also a feature to submit new sites for screening and further evaluation.

The Common Operating Picture is a living inventory and dynamic tool that will change as site information is updated and this information will be continuously available to the public as sites are added and cleaned up.

Contaminated ANCSA Lands Assistance Program

EPA launched the Contaminated ANCSA Lands Assistance Program in 2023, which provides funding for assessment and remediation of legacy contaminated sites on conveyed ANCSA land.

The program received a total of $40 million in appropriations over the last two fiscal years. These non-competitive cooperative agreements are currently available to Alaska Native Corporations, federally recognized Tribes in Alaska, and other Alaska Native Organizations, for assessment and remediation as well as related community outreach and involvement. Applications are accepted on a rolling-basis.

For details about this opportunity as well as program guidance, tools, and resources to assist entities with developing proposals and managing active cooperative agreement, visit:

Frequent questions

What sort of contaminated land does this program address?

This program addresses contamination left by federal departments and agencies and their agents on land that was subsequently conveyed to Alaska Native Corporations under the Alaska Native Claims Settlement Act of 1971. When Congress created this grant program in the Fiscal Year 2023 Omnibus Appropriations Act, it did not define the term “contamination.” EPA believes that Congress intended the funding to address hazardous/toxic waste and petroleum contaminated sites. Such sites typically present a greater risk and more complex remediation challenges.

What if the contaminated land site includes both pre-conveyance contamination from the federal government and from others with post-conveyance activities?

These multiple-party sites will often present challenges. In general, federal environmental laws seek to hold any party that caused or contributed to the contamination liable for the cost of cleaning it up. At these sites we would need to investigate parties responsible for the contamination, including the post-conveyance contributors. Because of these challenges, we will prioritize sites where all the known contamination took place prior to conveyance and resulted from the actions of the federal government or those acting on its behalf. These sites will be reviewed for funding eligibility on a individual basis.

What level of cleanup is required and/or allowed?

This is another potentially complex matter. In general, cleanup will not be considered complete unless it meets the cleanup standards of the Alaska Department of Environmental Conservation. In creating this program, Congress sought to address contamination caused by the federal government prior to the conveyance of lands under ANCSA. Congress did not establish cleanup standards as part of this program. It is also important to consider that the amount of funding Congress provided for this program is not sufficient to address all sites.

EPA's established investigation and cleanup programs under CERCLA and RCRA and the standards, guidance, and experience developed under those programs may help inform the investigation and cleanup work for ANCSA sites. This is important to consider since EPA may conduct work at ANCSA sites using Superfund resources and under Superfund requirements, therefore federal agencies that transferred ownership of contaminated sites would be expected to follow those requirements as well.

Is EPA going to seek to recover the cost of cleanup from responsible parties at sites addressed by this grant program?

While EPA reserves the right to do so, Congress sought to address contamination caused by the federal government prior to the conveyance of lands under ANCSA.

If an eligible entity takes action under this program, does it risk becoming a responsible party?

No, so long as it did not cause or contribute to contamination and does exercise due care and complies with the terms and conditions of the funding assistance agreement. In addition, the 2018 Brownfields Utilization, Investment, and Local Development (BUILD) Act amends certain aspect of CERCLA. With respect to Alaska Native Villages and Native Corporations, the BUILD Act provides for CERCLA liability relief if the Alaska Native Village or Regional Corporation received a facility from the U.S. government and did not cause or contribute to the release of hazardous substances at or from that facility. A typical way to obtain liability protection when performing work at such sites is for the grant recipients to enter a contract with private insurance companies who provide coverage for the investigation and cleanup of hazardous sites. The ANCSA program is new but insurance coverage for this type of work is widely available. The cost of acquiring insurance can be included in a grant application and must be acquired consistent with federal procurement requirements.

What relevance does the Indian Self-Determination and Education and Assistance Act have on federal procurement requirements?

Under the Indian Self-Determination and Education and Assistance Act (as amended, 25 U.S.C 450-458ddd-2), federally recognized Tribes can limit competition for EPA-funded contracts to Indian organizations and Indian-owned economic enterprises but cannot make sole source awards to those organizations based on their status as Indian organizations and Indian-owned economic enterprises. Competition requirements must still be met, but the competition can be limited to Tribal entities.

Contacts

For questions about EPA's Contaminated ANCSA Lands Assistance Program, please contact:

Other partners include:

Region 10 Tribal Programs

Contact Us About Tribal Programs in the Pacific Northwest and Alaska
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Last updated on July 19, 2024