[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4180 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4180
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to allow for brownfield revitalization funding
eligibility for Alaska Native Tribes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2024
Mr. Sullivan (for himself and Mr. Kelly) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to allow for brownfield revitalization funding
eligibility for Alaska Native Tribes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contaminated Lands Reclamation Act
of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the meaning given the term ``Native
Corporation'' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
(3) ANCSA land.--The term ``ANCSA land'' means land that--
(A) is or was contaminated land at the time of
conveyance pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.); and
(B) was conveyed pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) to an
Alaska Native Corporation or Indian Tribe, including--
(i) land reconveyed by an Alaska Native
Corporation--
(I) to a settlement trust pursuant
to section 39 of that Act (43 U.S.C.
1629e); or
(II) pursuant to other applicable
law;
(ii) land conveyed to an Alaska Native
Corporation pursuant to an exchange authorized
by--
(I) section 22(f) of that Act (43
U.S.C. 1621(f));
(II) section 3192(h) of the Alaska
National Interest Lands Conservation
Act (16 U.S.C. 3192(h)); or
(III) other applicable law; or
(iii) land conveyed by an Alaska Native
Corporation to a successor in interest to which
the lands were conveyed under section 14(c) of
the Alaska Native Claims Settlement Act (43
U.S.C. 1613(c)).
(4) Compensatory mitigation.--
(A) In general.--The term ``compensatory
mitigation'', for the purposes of remediating eligible
land, means--
(i) restoration, including reestablishment
or rehabilitation;
(ii) establishment, including creation;
(iii) enhancement; and
(iv) in certain circumstances, as
determined by the Secretary, the preservation
of eligible land.
(B) Inclusions.--The term ``compensatory
mitigation'' includes--
(i) on-site permittee-responsible
mitigation;
(ii) off-site permittee-responsible
mitigation; and
(iii) in-leu fee mitigation.
(5) Contaminated land.--The term ``contaminated land''
means land, including ANCSA land and Indian land, contaminated
by--
(A) petroleum;
(B) a petroleum-based product;
(C) a hazardous substance (as is defined in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601)); or
(D) any other pollutant or contaminant (as is
defined in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601)).
(6) Credit.--
(A) In general.--The term ``credit'' means a unit
of measure (such as a functional or areal measure or
other suitable metric) that represents the accrual or
attainment of the functions associated with the
restoration, establishment, enhancement, or
preservation of resources at a compensatory mitigation
site, with no change in the size of the area of the
compensatory mitigation site.
(B) Generating mitigation credit.--Remediation of
contaminated sites is an appropriate means of
generating mitigation credit when the removal of
hazardous substances, pollutants, or contaminants
restores or enhances aquatic resource functions on
ANCSA land or Indian land.
(7) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self Determination and
Education Assistance Act (25 U.S.C. 5304).
(8) Indian land.--The term ``Indian land'' means land
that--
(A) is held in trust by the United States for an
Indian Tribe; or
(B) is owned by an Indian or Indian Tribe and is
subject to restrictions against alienation.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self
Determination and Education Assistance Act (25 U.S.C. 5304).
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
SEC. 3. DEPARTMENT OF THE INTERIOR RESPONSIBILITIES FOR ALASKA NATIVE
CLAIMS SETTLEMENT ACT CONTAMINATED LANDS.
(a) Congressional Findings.--Congress finds that--
(1) for more than 50 years after the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) was enacted, Alaska
Native Peoples and their communities continue to face obstacles
in the pursuit of self-determination, resulting in ongoing
economic, social, and cultural instability due to the
contamination of lands conveyed to them by the Federal
Government pursuant to that Act;
(2) in 1971, the Secretary of the Interior failed to
identify and remediate 44,000,000 acres of land conveyed to
Alaska Natives pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.);
(3) in 1990, Congress directed the Secretary of the
Interior to submit a report identifying lands and properties
transferred to Alaska Native Corporations pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
that at the time of transfer were represented or disclosed by
the Federal Government as being free from contaminants, and
which subsequently were discovered to be contaminated;
(4) the Secretary of the Interior never submitted the
report described under paragraph (3);
(5) in 1995, Congress amended the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) by adding section 40 to
that Act (43 U.S.C. 1629f), which directed the Secretary of the
Interior to submit a report addressing issues resulting from
the presence of contaminants on lands conveyed or prioritized
for conveyance to Alaska Native Corporations under that Act;
(6) in 1998, the Secretary of the Interior responded to the
directive from Congress described in paragraph (5) by
submitting to Congress a report entitled ``Hazardous Substance
Contamination of Alaska Native Claims Settlement Act Lands in
Alaska'', the findings of which Congress recognizes, including
that the United States conveyed numerous contaminated lands to
Alaska Native Corporations pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) for the settlement of
aboriginal land claims;
(7) in 2014, in the joint explanatory statement for the
Department of the Interior, Environment, and Related Agencies
accompanying the Consolidated and Further Continuing
Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 2130),
Congress directed the Secretary of the Interior--
(A) to provide an update on the inventory of
contaminated sites conveyed pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
including sites identified subsequent to the 1998
report described in paragraph (6);
(B) to provide an updated status on the 6 duties
listed in the 1998 report described in paragraph (6);
and
(C) to provide a detailed plan on how the
Department of the Interior intended to complete a
cleanup of each contaminated site conveyed pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.);
(8) in 2016, the Secretary of the Interior updated the
report described in paragraph (6), the updated findings of
which Congress recognizes, including that 920 contaminated land
sites were conveyed to Alaska Native Corporations pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.);
(9) the full number of currently contaminated lands that
were contaminated at the time of conveyance pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
unknown;
(10) it is not, and never was, the intent of Congress to
convey lands that would still be contaminated in 2024 to Alaska
Native Corporations for the settlement of aboriginal land
claims in 1971;
(11) there is an immediate need to address the
environmental and health risks to Alaska Native Peoples due to
the United States conveying contaminated lands and lands at
risk for contamination to Alaska Native Corporations; and
(12) addressing the environmental and health risks to
Alaska Native Peoples due to the conveyance of contaminated
lands by the United States to Alaska Native Peoples should be
done rapidly, with certainty, without litigation, and in
conformity with the real economic, social, and cultural needs
of Alaska Native communities.
(b) Duties of the Secretary of the Interior.--Not later than 180
days after the date of enactment of this Act, the Secretary of the
Interior shall--
(1) perform the duties established in the 2016 update to
the Department of the Interior 1998 report entitled ``Hazardous
Substance Contamination of Alaska Native Claims Settlement Act
Lands in Alaska''; and
(2) develop a cleanup plan for ANCSA land.
(c) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, and each year thereafter for a period of 10
years, the Secretary of the Interior shall submit to Congress a report
that describes the status of the performance of the duties required
under subsection (b).
SEC. 4. BROWNFIELD REVITALIZATION FUNDING ELIGIBILITY.
(a) Alaska Native Eligibility.--Section 104(k)(1) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(k)(1)) is amended--
(1) in subparagraph (G), by striking ``other than in
Alaska''; and
(2) in subparagraph (H), by striking ``and following) and
the Metlakatla Indian community'' and inserting ``et seq.)''.
(b) Grants and Loans for Brownfield Remediation.--Section
104(k)(3)(A)(ii) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)(ii))
is amended by striking ``$500,000 for each site'' and all that follows
through the period at the end and inserting ``$1,000,000 for each site
to be remediated.''.
SEC. 5. ALASKA NATIVE CLAIMS SETTLEMENT ACT CONVEYED LAND GRANT
PROGRAM.
(a) Definitions.--In this section:
(1) Eligible contaminant.--The term ``eligible
contaminant'' means--
(A) solid waste (as defined section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903));
(B) a hazardous substance (as defined in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601));
(C) a pollutant or contaminant (as defined in
section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601)); and
(D) petroleum, including--
(i) crude oil or any fraction thereof; and
(ii) any other petroleum product excluded
from the definition of ``hazardous substance''
in section 101 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(2) Eligible recipient.--The term ``eligible recipient''
means--
(A) a Regional Corporation (as defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C.
1602));
(B) a Village Corporation (as defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C.
1602));
(C) an Indian Tribe in the State of Alaska;
(D) an Alaska Native nonprofit organization;
(E) an Alaska Native nonprofit association; and
(F) an intertribal consortium (as defined in
section 35.502 of title 40, Code of Federal Regulations
(or successor regulations)), that meets the
requirements described in subsections (a) and (c) of
section 35.504 of that title.
(b) Grant Program.--
(1) In general.--The Administrator, acting through the
Regional Administrator for Region 10 (referred to in this
subsection as the ``Administrator''), may provide grants to
eligible recipients to address contamination by eligible
contaminants on ANCSA land that--
(A) subject to paragraph (4), is or was
contaminated by an eligible contaminant at the time of
conveyance pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.); and
(B) is on an inventory of that land maintained by
the Environmental Protection Agency.
(2) Supplement.--An eligible recipient may use a grant
awarded under this subsection to supplement other funds
provided by the Environmental Protection Agency or any other
Federal agency for identical or similar purposes to the
purposes described in paragraph (1), in accordance with such
conditions as the Administrator may establish.
(3) Use of funds.--Subject to such conditions as the
Administrator may establish, an eligible recipient may use a
grant awarded under this subsection to address contamination by
eligible contaminants on ANCSA land through planning,
assessment, remediation, and activities necessary to prepare
the land for reuse.
(4) Waiver.--
(A) In general.--The Administrator may waive the
requirement described in paragraph (1)(A) if the owner
of the land at the time a grant is awarded under this
subsection did not cause or contribute to the
contamination on the land.
(B) Effect of waiver.--Land with respect to which a
waiver is provided under subparagraph (A) shall be
eligible for a grant under this subsection if the land
was contaminated by an eligible contaminant after the
time of conveyance of the land pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(5) Priorities.--In awarding grants under this subsection,
the Administrator shall give priority to ANCSA land with
respect to which--
(A) the contamination by eligible contaminants
presents an imminent and substantial risk to human
health or the environment, regardless of the specific
circumstances that created the risk; or
(B) the Federal Government caused or contributed to
the contamination by eligible contaminants prior to the
conveyance of the land pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
(6) Ineligibility of certain land.--
(A) In general.--Except as provided in subparagraph
(B), the Administrator shall not award a grant under
this subsection for land with respect to which the
Administrator determines a financially viable non-
Federal party (or successors to such a party) or an
affiliate of such a party is primarily responsible for
the contamination by eligible contaminants.
(B) Exception.--Subparagraph (A) shall not apply to
land described in paragraph (5)(A).
(7) Funding.--
(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $35,000,000 for each of fiscal years 2025
through 2030, to remain available until expended.
(B) Reservation.--The Administrator may reserve up
to 10 percent of the amount appropriated to carry out
this subsection for salaries, expenses, and
administration.
(C) Prohibition.--No funds appropriated to carry
out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) may be used to carry out this
subsection.
(c) Brownfields Program Funding.--
(1) In general.--Notwithstanding any other provision of
law, an eligible recipient may use funding provided under
paragraphs (2)(A)(i), (3), and (4) of section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(k)) to address
contamination on ANCSA land that--
(A) subject to paragraph (2), is or was
contaminated by an eligible contaminant at the time of
conveyance pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.); and
(B) is on an inventory of that land maintained by
the Environmental Protection Agency.
(2) Waiver.--
(A) In general.--The Administrator may waive the
requirement described in paragraph (1)(A) if the owner
of the land at the time funding described in paragraph
(1) is provided did not cause or contribute to the
contamination on the land.
(B) Effect of waiver.--Land with respect to which a
waiver is provided under subparagraph (A) shall be
eligible to use funding for the purpose described in
paragraph (1) if the land was contaminated by an
eligible contaminant after the time of conveyance of
the land pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
(d) Guidance.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall update guidance
relating to eligibility for brownfields funding under section
104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) for
land described in paragraph (2) to provide that the Federal
Government shall not be considered a viable responsible party.
(2) Land described.--The land referred to in paragraph (1)
is ANCSA land that--
(A) contains contamination by a contaminant
described in subsection (a)(1)(D) that the Federal
Government caused or contributed to prior to conveyance
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.); and
(B) is on an inventory of that land maintained by
the Environmental Protection Agency.
(3) Cessation of effectiveness.--The update to the guidance
required under paragraph (1) shall cease to be effective on the
date on which funding made available for the program under
subsection (b) through fiscal year 2030 is fully obligated.
SEC. 6. AUTHORIZATION OR CONTAMINATED LAND REMEDIATION IN COMPENSATORY
MITIGATION PROGRAMS.
(a) Remediation of Contaminated Lands.--The Secretary shall allow a
person who has been issued a permit for the discharge of dredged or
fill material under section 404 of the Federal Water Pollution Control
Act (33 U.S.C. 1344) to enter into an agreement with an Indian Tribe to
remediate ANCSA land or Indian land for the purpose of compensatory
mitigation for a permitted activity.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary and Administrator shall jointly
promulgate regulations and issue guidance, as necessary, to establish
performance standards and criteria for determining credits generated
through the remediation of contamination under this section on ANCSA
land or Indian land that--
(1) maximize opportunities for mitigation;
(2) provide flexibility for regional variations in
conditions, functions, and values;
(3) apply equivalent standards and criteria to each type of
compensatory mitigation;
(4) include procedures for consulting with eligible
entities; and
(5) provide that decontamination undertaken to generate
credits must be done in compliance with applicable Federal and
State standards and applicable Federal or State cleanup
programs authorized under section 104 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9604).
SEC. 7. TRIBAL PROJECT IMPLEMENTATION PILOT PROGRAM.
(a) Definition of Eligible Project.--In this section, the term
``eligible project'' includes siting, design, engineering, and
construction work for--
(1) a project of the Secretary authorized for construction;
(2) a project carried out under a continuing authority
program (as defined in section 7001(c)(1)(D)(iii) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d(c)(1)(D)(iii)));
(3) a project or activity eligible to be carried out under
the Tribal partnership program under section 203 of the Water
Resources Development Act of 2000 (33 U.S.C. 2269); and
(4) a project carried out under section 219 of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
3757; 113 Stat. 334; 136 Stat. 3808).
(b) Authorization.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall establish and implement a
pilot program under which Indian Tribes may directly carry out eligible
projects.
(c) Administration.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary shall--
(A) identify not less than 5 eligible projects,
including, in each of fiscal years 2025 and 2026--
(i) not less than 1 eligible project in the
South Pacific Division of the Corps of
Engineers; and
(ii) not less than 1 eligible project in
the Pacific Ocean Division of the Corps of
Engineers;
(B) notify the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives on
the identification of each eligible project under the
pilot program under this section;
(C) in collaboration with the Indian Tribe, develop
a detailed project management plan for each identified
eligible project that outlines the scope, budget,
design, and construction resource requirements
necessary for the Indian Tribe to execute the project
or a separable element of the eligible project;
(D) on the request of the Indian Tribe and in
accordance with subsection (e)(3), enter into a project
partnership agreement with the Indian Tribe for the
Indian Tribe to provide full project management control
for construction of the eligible project, or a
separable element of the eligible project, in
accordance with plans approved by the Secretary;
(E) following execution of the project partnership
agreement, transfer to the Indian Tribe to carry out
construction of the eligible project, or a separable
element of the eligible project--
(i) if applicable, the balance of the
unobligated amounts appropriated for the
eligible project, except that the Secretary
shall retain sufficient amounts for the Corps
of Engineers to carry out any responsibilities
of the Corps of Engineers relating to the
eligible project and the pilot program under
this section; and
(ii) additional amounts, as determined by
the Secretary, from amounts made available to
carry out this section, except that the total
amount transferred to the Indian Tribe shall
not exceed the updated estimate of the Federal
share of the cost of construction, including
any required design; and
(F) regularly monitor and audit each eligible
project being constructed by an Indian Tribe under this
section to ensure that the construction activities are
carried out in compliance with the plans approved by
the Secretary and that the construction costs are
reasonable.
(2) Detailed project schedule.--Not later than 180 days
after entering into an agreement under paragraph (1)(D), each
Indian Tribe, to the maximum extent practicable, shall submit
to the Secretary a detailed project schedule, based on
estimated funding levels, that lists all deadlines for each
milestone in the construction of the eligible project.
(3) Technical assistance.--On the request of an Indian
Tribe, the Secretary may provide technical assistance to the
Indian Tribe relating to--
(A) any study, engineering activity, design, or
construction activity carried out by the Indian Tribe
under this section; and
(B) expeditiously obtaining any permits necessary
for the eligible project.
(d) Cost Share.--Nothing in this section affects the cost-sharing
requirement applicable on the day before the date of enactment of this
Act to an eligible project carried out under this section.
(e) Implementation Guidance.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall issue guidance for
the implementation of the pilot program under this section
that, to the extent practicable, identifies--
(A) the metrics for measuring the success of the
pilot program; and
(B) the laws and regulations that an Indian Tribe
must follow in carrying out an eligible project under
the pilot program.
(2) Monitoring.--The Secretary shall monitor the progress
of each Indian Tribe participating in the pilot program under
this section to ensure that, in siting, designing, engineering,
or constructing an eligible project, the Indian Tribe--
(A) is complying with all applicable laws and
regulations, including any requirements that would
apply if the Secretary was carrying out the project;
and
(B) is meeting the standards of the Corps of
Engineers for design and quality.
(3) New project partnership agreements.--The Secretary may
not enter into a project partnership agreement under this
section until the date on which the Secretary issues guidance
under paragraph (1).
(f) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives and make publicly available a report detailing
the results of the pilot program under this section,
including--
(A) a description of the progress of Indian Tribes
in meeting milestones in detailed project schedules
developed pursuant to subsection (c)(2); and
(B) any recommendations of the Secretary concerning
whether the pilot program or any component of the pilot
program should be implemented on a national basis.
(2) Update.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives an update to the report under paragraph (1).
(3) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline under this subsection,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a detailed
explanation of why the deadline was missed and a projected date
for submission of the report.
(g) Administration.--All laws and regulations that would apply to
the Secretary if the Secretary were carrying out the eligible project
shall apply to an Indian Tribe carrying out an eligible project under
this section.
(h) Termination of Authority.--The authority to commence an
eligible project under this section terminates on the date that is 5
years after the date of enactment of this Act.
(i) Authorization of Appropriations.--In addition to any amounts
appropriated for a specific eligible project, there is authorized to be
appropriated to the Secretary to carry out this section, including the
costs of administration of the Secretary, $15,000,000 for each of
fiscal years 2025 through 2029.
SEC. 8. REPORT ON REMEDIATION OF CONTAMINATED ANCSA LAND.
Not later than 1 year after the date of enactment of this Act, the
Administrator, in consultation with the Secretary, Secretary of the
Interior, and other Federal agencies, as the Secretary determines to be
appropriate, shall submit to Congress a report that describes--
(1) the status of remediating ANCSA land pursuant to this
Act; and
(2) recommendations on what additional authorities are
needed to identify and remediate ANCSA land.
SEC. 9. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act conflicts with
the requirements of any existing program established for the purpose of
remediating ANCSA land or Indian land.
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