1. Alaska Contaminated Lands Conveyed to Alaska Native Corporations
Objectives:
Make you aware of the issue
Have an understanding of what work has been completed and what are the next steps
What are our key messages
US ACOE – Tanaga Island
Paul Krabacher
Contaminated Sites Coordinator
(907)

2. Background 1998 Report to Congress
Section 326 of Public Law (1991)
Section 103 Public Law (1995)
1998 Report to Congress
Alaska has conveyed ~44 million acres of land to Alaska Native Corporations under the Alaska Native Claims Settlement Act of Physical inspections were not authorized prior to conveyance
The 1991 Appropriations Bill (Section 326 of Public Law ) – Directed the Secretary of the Interior to report to the Congress on lands in Alaska which were transferred under the Native Claims Settlement Act and subsequently discovered to be contaminated. BLM initiated a survey, mailed out 200 inquiries and received only 22 responses.
Section 103 of PL enacted in 1995, an amendment to ANCSA, directed the Secretary of the Interior to prepare a report on the extent of hazardous contamination on lands in
Congress directed the Department to examine and report on the issue.
BLM:
Survey to Alaska Native Corporations – response low – ANCs hesitant to make sites known for fear of being identified as a Potentially Responsible Party by the State of AK (236 mailed – 98 responses received)
Estimates from other databases ~650 with well over half in a cleanup program
Draft report was distributed; agency, corporations, Alaska Federation of Natives and other entity submitted comments; and Report completed in 1998.
The report is available if anyone is interested drop me a note…

3. Forum – to include ANCSA landowners, federal, state, local and tribal agencies for exchanging information, discussing issues and setting priorities
Compile a coordinated, comprehensive inventory of CS with input from all parties
Apply Environmental Protection Agency (EPA) policies to ANCSA landowners, not to impose landowner liability to federal transferees for contamination existing at the time of conveyance, where the landowner has not contributed to the contamination;
Analyze the data collected and report to Congress on sites not covered in existing programs and recommend whether further Federal programs or actions are needed
Modify policies, where needed, to address contaminants and structures that may affect public health and safety on ANCSA lands; and
Continue to develop, under the leadership of the EPA and any other relevant agencies, a process to train and enable local residents to better participate in cleanup efforts.

4. 1998 Report Recommendations
Establish a multi-stakeholder forum
Compile an inventory of contaminated sites with input from all parties;
Apply Environmental Protection Agency (EPA) policies to ANCSA landowners, not to impose landowner liability to federal transferees for contamination existing at the time of conveyance, where the landowner has not contributed to the contamination;
Forum – to include ANCSA landowners, federal, state, local and tribal agencies for exchanging information, discussing issues and setting priorities
Compile a coordinated, comprehensive inventory of CS with input from all parties

5. 1998 Report (cont.)
Analyze the data collected and report to Congress on sites not covered in existing programs and recommend whether further Federal programs or actions are needed;
Modify policies, where needed, to address contaminants and structures that may affect public health and safety on ANCSA lands; and
Continue to develop, under the leadership of the EPA and any other relevant agencies, a process to train and enable local residents to better participate in cleanup efforts.
The report is available if anyone is interested drop me a note…

6. Directions from the 2015 Appropriations Act (Public Law , FY15 Consolidated and Further Continuing Appropriations Act -Dec. 2014)
Comprehensive Inventory of contaminated sites conveyed to ANCSA
Updated status on recommendations from 1998 report
“Detailed plan on how the Department intends to complete cleanup of each contaminated site”

7. Directions from the 2015 Appropriations Act
(Public Law , FY15 Consolidated and Further Continuing Appropriations Act -Dec. 2014)
Comprehensive Inventory of contaminated sites conveyed to ANCSA
Updated status on recommendations from 1998 report
“Detailed plan on how the Department intends to complete cleanup of each contaminated site”
The more recent Appropriations Act passed last December has directed the BLM to provide the House and Senate Committees on Appropriations with a status update including an update on the report recommendations.
Here are the current tasks directed for BLM to complete from the more recent 2015 Appropriations Act passed last December.
(3rd bullet - Actual language from Act (quotes) – BLM or Dept for that matter does not have the authority…. We can’t do this ourselves and need your help to accomplish this
In addition both the Alaska Federations of Natives and the State Legislature have passed resolutions supporting the introduction and enactment of federal legislation acknowledging that the federal government is financially responsible under ANCSA for the remediation of contaminated land subject to conveyance under the Act and to implement the six recommendations in its 1998 report.
we have been tasked to facilitate this process.
Completes the background portion. Questions?

8. Geospatial Database BLM collected contaminated site databases from:
ADEC (added realty/conveyance fields)
U.S. Air Force
U.S. Army Corp of Engineers/FUDS
Federal Aviation Administration
ANCSA Corporation Survey (1990s)

9. Contaminated Sites Database Screenshot
(current version)

10. Contaminated Sites Database Screenshot (current version)
Geospatial Database
BLM collected contaminated site databases from:
BLM (added fields to ADEC)
U.S. Air Force
U.S. Army Corp of Engineers/FUDS
Federal Aviation Administration
ANCSA Corporation Survey

15. Proposed Process Analyze – Database
Convene SOC Working group to include ANCSA corporations
(April 2015)
Convene with Alaska Native Corporations - Enhance database completeness, accuracy
Analyze for duplicate sites
Verify accuracy of information
Incorporate input on known/potential ANCSA sites
Establish consensus on final inventory contents
Develop comprehensive database for contaminated sites
merge different databases into one
Migrate database outside of BLM firewall to provide
public access
As facilitators of the process, NEXT STEPS
ANCSA land managers from regional corporations. Village corporations may elect representatives (i.e. ANCVA)
It’s important to note that nothing like this has been attempted for contaminated lands in Alaska (and quite frankly in many other areas/states in the US). An essential milestone in the process will be the merging of the different databases into one.

16. Flow Chart for Verifying Existing Data
Preliminary Contaminated Sites Review Database
Is the site on conveyed land?
Eliminate site from further consideration No
Yes
Is the site “open” or active?
Are ICs inconsistent with future land use?
Establish requirements for each site to achieve complete cleanup that is consistent with future landuse
Is site closed with ICs?
Note:
Initial steps in verifying preliminary inventory are:
Review site specific environmental documents and land records
Develop a forum that will facilitate coordination among multiple Alaska Native Corporations, federal and environmental regulatory agencies.
Verify landowner and PRP for each contaminated site through the forum.

17. Proposed Process Analyze comprehensive database Report to Congress
Research site history
Review consistency of sites with Institutional Controls and final landuse
Identify sites not covered in existing cleanup programs with recommended actions
Report to Congress
Periodic SOC Working Group review
Final draft stakeholder review– May 2015
Final Draft to DC (late May 2015)
Final - June 2015
The schedule for completing this prior to the report is extremely ambitious and perhaps may not be realistic.
With the consensus building process, the next major milestone will be the identification of sites not covered in an existing program with recommended actions
SOC WG – status drafts on agenda
Report will include what other agencies have already accomplished and are already doing

18. Key Messages
BLM’s recent direction from Congress to update its 1998 report will be
through a collaborative working group process.
BLM has been directed to facilitate the process to determine what contaminated sites are not included in an existing cleanup program.
BLM does not have the authority to enforce the cleanup of contaminated
sites on lands they do not manage.
BLM has been directed to facilitate the process to determine what contaminated sites are not included in an existing cleanup program.
BLM does not have the authority to enforce the cleanup of contaminated sites and is not a regulatory agency.
A process has been set up to review and act on lands that have been selected by an ANCSA corporation that have not been conveyed through an Interim Conveyance (IC) document or have conveyed and patent work is underway for final BLM confirmation.
BLM may have a responsibility for contaminated sites occurring on lands conveyed to ANCSA corporations even if the lands have already been conveyed.

19. Develop comprehensive database for contaminated site
Proposed Process
Analyze – Database
Convene SOC Working group to include ANCSA corporations (MEETING THIS WEEK – April 27, 29, May, +)
Enhance database completeness, accuracy
Analyze for duplicate sites
Request site specific information for ANCSA sites
Verify accuracy of information
Incorporate input on known/potential ANCSA sites
Establish consensus on final inventory contents
Develop comprehensive database for contaminated site
merge different databases into one
Migrate database outside of BLM firewall to provide public access
Analyze comprehensive database
Research site history
Review consistency of sites with Institutional Controls and final landuse
Identify sites not covered in existing cleanup programs with recommended actions
Report to Congress
Periodic SOC Working Group review
Final draft stakeholder review– May 2015
Final Draft to DC (late May 2015)
Final - June 2015
Report will include what other agencies have already accomplished and are already doing
USACE – White Alice Site, St. Lawrence Island