Sec. 5. Alaska Native Claims Settlement Act conveyed land grant program
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In this section: The term eligible contaminant means— solid waste (as defined section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 )); a hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); 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 petroleum, including— crude oil or any fraction thereof; and 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 ).
The term eligible recipient means— a Regional Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); a Village Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); an Indian Tribe in the State of Alaska; an Alaska Native nonprofit organization; an Alaska Native nonprofit association; and 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. 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— 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 is on an inventory of that land maintained by the Environmental Protection Agency. 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. 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. 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. 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. ). In awarding grants under this subsection, the Administrator shall give priority to ANCSA land with respect to which— 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 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. ). 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. Subparagraph
(A)shall not apply to land described in paragraph (5)(A). 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. The Administrator may reserve up to 10 percent of the amount appropriated to carry out this subsection for salaries, expenses, and administration. 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. 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— 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 is on an inventory of that land maintained by the Environmental Protection Agency. 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. 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. ). 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. The land referred to in paragraph
(1)is ANCSA land that— 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 is on an inventory of that land maintained by the Environmental Protection Agency. 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.
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Sec. 5
Alaska Native Claims Settlement Act conveyed land grant program
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