Alaska Contaminated Lands Conveyed to Alaska Native Corporations

Paul KrabacherContaminated Sites Coordinator(907) 271-5681 pkrabach@blm.gov

US ACOE – Tanaga Island

Background

• Section 326 of Public Law 101-512 (1991)

• Section 103 Public Law 104-42 (1995)

• 1998 Report to Congress

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1998 ReportRecommendations

• 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;

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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.

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Directions from the 2015Appropriations Act

(Public Law 113-235, 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”

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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)

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Contaminated Sites Database Screenshot (current version)

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Contaminated Sites Database Screenshot (current version)

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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

Flow Chart for Verifying Existing Data

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Preliminary Contaminated Sites Review Database

Is the site on conveyed

land?

Eliminate site from further consideration

No

Yes

Is the site “open” or

active?

Eliminate site from further consideration

Are ICs inconsistent with future land use?

Eliminate site from further consideration

No

NoYes

Establish requirements for each site to achieve

complete cleanup that is consistent with future

landuse

Is site closed with ICs?

No

YesYes

Note:

Initial steps in verifying preliminary inventory are:1. Review site specific

environmental documents and land records

2. Develop a forum that will facilitate coordination among multiple Alaska Native Corporations, federal and environmental regulatory agencies.

3. Verify landowner and PRP for each contaminated site through the forum.

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Proposed Process

• 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

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.

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USACE – White Alice Site, St. Lawrence Island