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Code · BILL · 118th Congress · S. 4180 (Introduced in Senate) — To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to allow for brownfield re... · Sec. 3

Sec. 3. Department of the Interior responsibilities for Alaska Native Claims Settlement Act contaminated lands

752 words·~3 min read·/bill/118/s/4180/is/section-3

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Congress finds that— 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; 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. ); 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; the Secretary of the Interior never submitted the report described under paragraph (3); 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; 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; 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— 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); to provide an updated status on the 6 duties listed in the 1998 report described in paragraph (6); and 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. ); 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. ); 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; 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; 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 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. Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall— 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 develop a cleanup plan for ANCSA land. 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).
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  • 128 Stat. 2130
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Sec. 3
Department of the Interior responsibilities for Alaska Native Claims Settlement Act contaminated lands
Stat.128 Stat. 2130
Cites 4Cited by 0 across 0 sources
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