Tribal Brownfields and Response Programs
RESPECTING OUR LAND,
REVITALIZING OUR COMMUNITIES
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United States
Environmental Protection
i Agency
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Foreword
'EPA is continuing to recognize that the
United States has a unique legal relationship
with tribal governments based on the
Constitution, treaties, statutes, Executive
Orders, and court decisions. This relationship
includes recognition of the right of
Tribes—as sovereign governments—to
act with self-determination, as well as
an acknowledgement of the federal
government's trust responsibility to Tribes.
We want to ensure that American Indians
are securing the green jobs of the green \
energy future. We want to ensure that
they're being heard when they call for cleaner land, air, and water,
and environmental protections to safeguard the health of their children.
And we want a long-standing, productive partnership to address these
challenges—to build a long and effective relationship with our tribal
partners and helping move us all towards our shared goals."
- Excerpt from Lisa Jackson, EPA Administrator's remarks at the
National Tribal Operations Committee, July 22, 2009
U.S. Environmental Protection Agency
Office of Solid Waste and Emergency Response
Office of Brownfields and Land Revitalization
Washington, DC 20460
Clay Bravo, Chairman, EPA National Tribal Caucus, Lisa Jackson, EPA Administrator, and Carol Jorgensen, Director EPAAmerican Indian Environmental Office (AIEO) at the
National Tribal Operations Committee meeting on July 22, 2009, during a ceremony to officially reaffirm EPAs 1984 Indian Policy.
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Purpose
his report highlights how tribes are using U.S. Environmental Protection Agency (EPA)
Brownfields funding to address contaminated land in Indian country1 and other tribal lands. It
also highlights the challenges they face. It provides an historic overview of EPA's Brownfields Program,
as it relates to tribes, and demonstrates EPA's commitment to the development of tribal capacity to deal
effectively with contaminated lands in Indian country. The report includes examples of tribal successes to
both highlight accomplishments and serve as a resource for ideas, information and reference.
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Overview and History of Brownfields Tribal Funding
Overview
'T^here are 561 federally recognized tribes within the United States. Each tribe is an independent,
.I sovereign nation, responsible for setting standards, making environmental policy, and managing
environmental programs for its people. While each tribe faces unique challenges, many share similar
environmental legacies.
Environmental issues in Indian country run the gamut from developing basic administrative infrastructure
to passing sweeping new laws; from controlling illegal open dumping to developing wastewater and
drinking water infrastructure; from controlling and removing leaking underground storage tanks
to asbestos and lead abatement and removal; and from air pollution to the cleanup and reuse of
contaminated land.
Given each tribe's unique history and culture and the complex jurisdictional issues, the ability to deal
effectively with environmental issues in Indian country calls for non-traditional approaches and new
ways of thinking. The EPA Brownfields Program provides these approaches, and progress and results are
occurring in many parts of Indian country.
Brownfields and Contaminated Land in Indian Country
Brownfields and other contaminated lands are found throughout the United States. Often legacies of an
industrial past or bygone business, they dot the landscape of large and small communities. Brownfields
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are defined as "real property the expansion, redevelopment, or reuse of which may be complicated by the
presence or potential presence of a hazardous substance, pollutant, or contaminant."2 They come in many
forms and sizes. Brownfields can be the abandoned warehouse or corner gas station, the local mill site or
abandoned mine. In Indian country they are as diverse as the communities in which they are found.
To address the myriad environmental issues in Indian country, many tribes establish their own
environmental protection and natural resource management offices. To clean up and reuse contaminated
lands, many create brownfields programs or "Tribal Response Programs." However, despite best efforts,
tribal communities often lack funding to sustain environmental program capacity building and continue
to need technical assistance and expertise.
Additionally, many tribes seeking to address brownfields in their communities face problems that
are found in many small or rural areas in the United States. Rural locations typically do not have the
technical resources that many larger communities have, nor the economic drivers associated with more
dense populations that might spur cleanup and reuse. While the benefits of reusing existing buildings and
infrastructure may be apparent, the funding to make the cleanup and reuse possible is often not present.
Tribes may seek to return contaminated land to a non-economic reuse (e.g., returning land to a culturally
beneficial reuse), which often must be funded by the public sector or tribal government and which may
not attract the interest of those with private cleanup dollars.
Despite the challenges, revitalization of contaminated lands is an environmental issue being addressed
successfully in parts of Indian country. With the assistance of grants and other resources available through
EPA's Brownfields Program, tribes are making great strides in cleaning up and returning contaminated
land back to productive use. By using the grants and tools available, tribes address their fundamental
environmental and revitalization goals and enrich the health and welfare of their communities. This in
turn fosters greater environmental awareness, and allows for the sustainable reuse of tribal land in a
manner determined by the tribes themselves.
U.S. EPA Brownfields Resources for Revitalization of Contaminated Land in
Indian Country
Since the inception of EPA's Brownfields program in 1995, the program's goal has been "to empower
states, tribes, communities, and other stakeholders in economic development to work together in a timely
manner to prevent, assess, safely clean up, and sustainably reuse brownfields." The program provides
financial and technical assistance for brownfields revitalization, including annual competitive grants for
environmental assessment, revolving loan funds (RLF), cleanup, and job training, and non-competitive
funding for state and tribal response programs.
In 2002, the passage of the Small Business Liability Relief and Brownfields Revitalization Act—referred
to as the Brownfields Amendments—codified many of the policies EPA developed. The Brownfields
Amendments authorized, among other things, two main sources of funding that may assist tribes in
revitalizing contaminated land in Indian country:
(1) Section 128(a) State and Tribal Response Program funding
(2) Section 104(k) Competitive Grant Program funding
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, § 101(39).
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Since the passage of the Brownfields Amendments, EPA has distributed over $50.7 million in
Section 128(a) Tribal Response Program funding to tribes nationwide. Examples of activities that
tribes are conducting with their Section 128(a) Tribal Response Program funding include:
• The Nottawaseppi Huron Band of Potawatomi's 120-acre Reservation in rural southwest
Michigan is located downwind from two nuclear power plants. Recognizing the need for training
in preparation for a potential environmental release, the Tribe used a portion of its 128(a) Tribal
Response Program funding to develop a Tribal Emergency Response Committee (TERC). Since
TERC was formed, the committee developed a Pre-Disaster Mitigation Plan, an asset inventory,
and identified critical environmental threats to the Reservation and its people.
• The Native Village of Port Heiden in southwest Alaska used Section 128(a) Tribal Response
Program funding to initiate the development of a Tribal Response Program. The Tribe focused
its funding on developing an inventory of properties and a public record, obtaining technical
training for staff members, and conducting outreach and education to engage the community in
environmental issues, including brownfields.
• The Fort Belknap Indian Community hosted a first of its kind environmental enforcement
workshop for Tribal Response Program staff. The Tribe coordinated the workshop in partnership
with Rocky Mountain College and EPA Region 8. The workshop was broadcast over "Vision
Net," an interactive video link to tribes across the country that were unable to attend in-person.
Topics included developing tribal codes, civil compliance and enforcement processes, as well as
the history of tribal environmental law. Over 64 individuals participated, including representatives
from 12 tribes from Washington, Wyoming, North Dakota, South Dakota and Montana.
• The Keweenaw Bay Indian Community used Section 128(a) Tribal Response Program funding
to complete a Community Background Soil Survey of the 57,000-acre Reservation in Baraga
County, Michigan. The information obtained from the survey will guide future Tribal decisions
on whether a cleanup or corrective action taken at a brownfield property for metals complies with
the goal of removal of contaminants to achieve risk-based cleanup standards or reduce levels
to background or lower. The survey focused on 30 locations within the Reservation that were
selected due to there being no history of disturbance or nearby sources of air deposition or runoff.
The information obtained provides a general picture of naturally occurring metal concentrations.
Tribal Response Program Grants
Tribal Response Program funding—referred to as "Section 128(a)" funding after the section of the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) that it falls
under—can be used to create new or to enhance existing environmental response programs. Authorized
at $50 million per year and shared among states, tribes and territories, the funding is awarded on an
annual basis. The primary goal of the funding is to ensure that response programs include, or are taking
reasonable steps to include, the following four elements in their programs:
1. Timely survey and inventory of brownfields sites.
2. Oversight and enforcement authorities or other mechanisms and resources to ensure that a
response action will protect human health and the environment.
3. Mechanisms and resources to provide meaningful opportunities for public participation.
4. Mechanisms for approval of a cleanup plan and verification and certification that cleanup is
complete.
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The funding can also be used for limited site assessments or cleanups at brownfields sites; for other
activities that increase the number of response actions conducted or overseen by a state or tribal response
program; to capitalize revolving loan funds for cleanup; to purchase environmental insurance; or to
develop other insurance mechanisms for brownfields cleanup activities.
To leverage success, tribes use combined funding sources to build upon the success of established
programs. Below are a few examples:
• The Sisseton, Wahpeton, Oyate Sioux Tribe located in northwest South Dakota is moving
forward with its first cleanup on the Tekakwitha Old Orphanage/Boarding School property using
a Cleanup grant through the American Recovery and Reinvestment Act. In developing the grant
application, environmental staff increased their capacity and will continue to build expertise
through the actual cleanup process.
• The Gila River Indian Community in central Arizona used Section 128(a) Tribal Response
Program funding to assess a 160-acre property found to have soil and ground water
contamination. With assistance from an EPA Brownfields Cleanup grant, contamination was
removed and the property is home to a Diabetes Education and Research Center.
• The Standing Rock Sioux Tribe successfully completed the environmental cleanup at the
Old Smee School in Wakapala, South Dakota. Prior to cleanup, the abandoned and partially
collapsed building contained friable asbestos, and posed a significant threat to public health and
the environment. Standing Rock received a competitive Cleanup grant from EPA's Brownfields
Program for $200,000, and used its Brownfields Section 128(a) Tribal Response Program to
manage the project. Hans Bradley, Acting Brownfields Coordinator of the Standing Rock Sioux
Tribe, stated, "We are very grateful for the grant money. Without these funds it would have
been very difficult to address the asbestos in the building." The former Smee School will be
transformed into a community park.
Assessment, Revolving Loon Fund, and Cleanup Grants (ARC Grants)
The 104(k) competitive grants are awarded through an annual competition. Most federally recognized
tribes are eligible to apply for this funding.3 ARC grants may be used to address sites contaminated by
petroleum and hazardous substances, pollutants or contaminants (including hazardous substances co-
mingled with petroleum). Opportunities for funding are as follows: Brownfields Assessment Grants
(each funded up to $200,000 over three years); Brownfields Revolving Loan Fund (RLF) Grants (each
funded up to $1,000,000 over five years); and Brownfields Cleanup Grants (each funded up to $200,000
over three years).
Job Training Grants
Job Training grants—competitively awarded on an annual basis—are also available to most federally
recognized tribes.3 To help residents located in areas affected by brownfields take advantage of jobs
created by the assessment and cleanup of these properties, EPA initiated the Brownfields Job Training
grants. Among other things, the grant funds may be used for:
3 In Alaska, only an Alaska Native Regional Corporation and an Alaska Native Village Corporation, as those terms are defined in the Alaska Native Claims Settlement Act, and
the Metlakatla Indian Community are eligible. CERCLA § 104(k)(1).
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Training residents in the handling and removal of hazardous substances, including training for jobs in
sampling, analysis and site remediation;
Training in the management of facilities at which hazardous substances, pollutants, contaminants or
petroleum contamination are located;
Training for response activities often associated with cleanups such as landscaping, demolition and
ground water extraction;
Development or refinement of existing training curriculum; and
Training participants in the techniques and methods for cleanup of leaking underground storage tanks
and other sites contaminated by petroleum products, asbestos abatement, or lead abatement where
these topics are a component of a more comprehensive hazardous waste management training course
or environmental technology training course.
BROWNFIELDS FUNDING AWARDS TO TRIBES
$10 Mil •
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2
$9 Mil •
$8 Mil -
$7 Mil -
$6 Mil •
$5 Mil •
$4 Mil •
$3 Mil •
$2 Mil •
$1 Mil •
$0 •
Years
I ARC and Job Training Grants
I Section 128(a) Tribal Response Program Grants
Passage of Brownfields Amendments to CERCLA
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Brownfields
Tribal Highlights
and Results
Developing and Enhancing
Programs for Tribal Needs
rribes use Section 128(a) Tribal Response
Program funding for a variety of activities. Tribal
response programs conduct assessments and provide
oversight at properties, create codes and ordinances, develop
inventories of properties, and educate their communities about
the value of protecting and restoring tribal natural resources and
community health.
This section highlights how Section 128(a) and other funding has been applied in
tribal environments, as well as the obstacles encountered and lessons learned. These
highlights serve as a reference for tribes to learn from what other tribes have accomplished
with brownfields funding.
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EPA Region 1 Brownfields Grantees (Through FY2009)
PASSAMAQUODDY TRIBE
Location: Eastern Maine
Land Area: 200,000 acres
Population: Approximately 3,400 enrolled members
Web site: www.passamaauoddv.com
EPA Grants: Assessment Grant and Section 128(a) Tribal Response Grant
Diane Kelley
EPA Region 1 Brownfields Coordinator
(617) 918-1424
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V
Tank removal activities at the Sipiyak Corner Store property.
PASSAMAQUODDY TRIBE
Inventory of Sites for Future Cleanups
Location: Eastern Maine
Land Area: 200,000 acres
Population: Approximately 3,400 enrolled
members
Web site: www.passamaquoddy.com
EPA Grants: Assessment Grant and Section
128(a) Tribal Response Grant
Near the Canadian border in eastern Maine, the
Passamaquoddy Tribe is using Brownfields Section
128(a) Tribal Response Program funding to
inventory contaminated properties on its lands. The
Passamaquoddy have inhabited this area of Maine for over 600 generations and occupy two separate
locations, Perry and Princeton; they are commonly referred to as the Pleasant Point and Indian Township
Reservations, respectively.
In 2005, the Passamaquoddy Tribe at Pleasant Point received assistance from the Maine Department
of Environmental Protection's (MEDEP) Brownfields Program to conduct Phase I and Phase II
environmental site assessments at the Sipiyak Corner Store property, which included a vacant gas station.
The investigations found contaminated soil associated with the former tanks and pump island. An
immediate removal of four underground storage tanks was conducted with funding through the State's
Groundwater Fund. The cleanup is complete and the property is ready for redevelopment. Dale Mitchell
of the Passamaquoddy Tribe stated, "The tanks were originally installed in the 1980s and had reached the
end of their shelf life. We approached the State and they conducted the assessment of the property and
removal of the tanks."
The Tribe received its Section 128(a) Tribal Response Program grant in 2007, and subsequently used
the funding to inventory properties on the Pleasant Point Reservation. Through its inventory efforts, the
Tribe identified—and is currently working to complete an assessment on—the former Gates building.
This former upholstery manufacturing building has suspected soil contamination resulting from previous
manufacturing activities. The Tribe also is targeting a privately owned junk yard on Tribal land. The
property is littered with old refrigerators, air conditioning units, cars, and other miscellaneous scrap
material. The Tribe plans to conduct an assessment on the property and create an ordinance that prevents
private landowners from operating dumps on the Reservation in the future.
For more information on the Passamaquoddy
Tribe's Brownfields Program, please contact
Dale Mitchell at 207-853-2600 x245 or dalemfg),
wabanaki.com.
The Passamaquoddy Tribe is using
its Section 128(a) Tribal Response
Program funding to inventory
properties on its land and identify
properties for cleanup.
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EPA Region 2 Brownfields Grantees (Through FY2009)
SENECA NATION
Location: Northern New York
Land Area: 20,000 acres
Population: Approximately 7,200 enrolled members
Web site: www.sni.org
EPA Grants: Assessment Pilot, Cleanup Grant, and Section 128(a) Tribal Response Grant
John Struble
EPA Region 2 Brownfields Coordinator
(212) 637-4291
struble.iohn@eoa.aov
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SENECA NATION
V
Identifying Properties to Address Environmental Concerns on Tribal Land
Location: Northern New York
Land Area: 20,000 acres
Population: Approximately 7,200 enrolled members
Web site: www.sni.org
EPA Grants: Assessment Pilot, Cleanup Grant, and
Section 128(a) Tribal Response Grant
Seneca Nation is using Section 128(a)
Tribal Response Program funding to
actively locate and identify brownfield
properties, and build an inventory of
properties to determine areas of concern
within its Reservation boundaries.
Most of the property information has
come from the community's historical
knowledge of the Tribal lands. The Tribe
uses public meetings and announcements in its bi-monthly tribal newsletter to inform and educate Tribal
members about brownfields efforts, and to ask for assistance in identifying former uses of abandoned
or underutilized properties on the Reservation. The community helped identify several properties with
past oil spills and provided valuable information regarding an historic rail yard property. The Tribe's
Environmental Protection Department worked extensively with the community to determine the past use
and potential risk of contamination associated with the former rail yard property.
The Tribal environmental staff also used Section 128(a) Tribal Response Program funding to attend
brownfields training sessions to broaden its knowledge regarding brownfield issues and tribal response
programs. The Tribe plans to prioritize the properties in its inventory and use Section 128(a) Tribal
Response Program funding to assess properties and get them ready for cleanup.
For more information on the Seneca Nation's Environmental Protection Department, please contact
Adrian Stevens at (716) 532-2546 or adrian.stevens@sni.org.
"Brownfields funding enabled us to
create and define our program,
identify brownfields properties,
create an inventory, and start
the process of getting properties
assessed and cleaned up."
-Adrian Stevens, Director, Seneca Nation
Environmental Protection Department
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EPA Region 4 Brownfields Grantees (Through FY2009)
SEMINOLE TRIBE OF FLORIDA
Location: Central and South Florida
Land Area: Six Reservations in Southern Florida/Approximately 90,000 acres
Population: Approximately 3,500 enrolled members
Web site: www.seminoletribe.com/culture/brownfields/home.htm
EPA Grants: Assessment Pilot, Assessment Grant, and Section 128(a) Tribal Response Grant
Mike Norman
EPA Region 4 Brownfields Coordinator
(404) 562-8792
norman.michael@eDa.aov
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SEMINOLE TRIBE OF FLORIDA
V
Online Inventory Gives Tribe a Solid Foundation for Brownfields Revitalization
Location: Central and South Florida
Land Area: Six Reservations in Southern Florida/
Approximately 90,000 acres
Population: Approximately 3,500 enrolled members
Web site: www.seminoletribe.com/culture/brownfields/
home.htm
EPA Grants: Assessment Pilot, Assessment Grant, and
Section 128(a) Tribal Response Grant
The Seminole Tribe established
its Tribal Response Program in
2003 with the help of Section
128(a) Tribal Response Program
funding. Managed under the
Tribe's Environmental Resource
Management Department, the
Seminole Tribal Response Program
has assessed many properties; these
assessments help pave the way for
redevelopment that improves the
lives of Tribal members.
"Because of the GIS-based
brownfields inventory,
properties are identified
and no longer slip through
the cracks."
- Charlotte Bramble, Seminole Tribe
Remediation Coordinator
The Seminole Tribe
developed a brownfields
inventory using geographic
information system (GIS)
technology to successfully
identify and characterize
brownfields and help define
the extent of contamination
on the Tribe's land.
Using its inventory to
prioritize sites, the Seminole Tribe assessed 22 properties throughout its six Reservations. Many of these
brownfields are located in agricultural areas, and most of the properties will be reclaimed for agricultural
use or redeveloped for recreation or housing. At one of these properties, Brighton Cattle Dip Vat, the
Tribe used contractors to clean up the property and remove contaminated soil. While remediation is not
yet complete, the Tribe envisions redeveloping this former contaminated property into much needed
housing for Tribal members.
The Tribe is in the process of developing a comprehensive Tribal development plan to ensure that once
properties are assessed and cleaned up, they are put back into productive reuse. A key component in
this process is community participation and input. Response program staff use the Seminole Water
Commission meetings as a way to provide information to the public about brownfield properties and to
gather feedback regarding community needs and priorities.
The Tribe also developed an ordinance that provides a code of law focusing on storage tanks, permitting
processes, treatment and transport of substances, and cleanup targets. This comprehensive set of
guidelines, when formally adopted, will allow the program to be more proactive and provide the authority
to address brownfields challenges.
For more information regarding the Seminole Tribe Response Program, please contact Cherise Maples at
cmaples@,semtribe.com or (954) 965-4380, x!0233.
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EPA Region 5 Brownfields Grantees (Through FY2009)
FOND DU LAC BAND LAKE SUPERIOR CHIPPEWA
Location: Northeastern Minnesota
Land Area: 22,973 acres
Population: Approximately 3,700 (4,000 enrolled
members)
Web site: www.fdlrez.com/newnr/environ/brownfields.
htm
EPA Grants: Section 128(a) Tribal Response Grant
KEWEENAW BAY INDIAN COMMUNITY
Location: Upper Peninsula of Michigan
Land Area: 56,700 acres
Population: Approximately 3,200
Web site: www.kbic-nsn.aov/html/NR/natural
resources.htm
EPA Grants: Assessment Pilot, Assessment Grant,
Cleanup Grant, and Section 128(a) Tribal Response
Grant
LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA
Location: Northern Wisconsin
Land Area: 87,000 acres
Population: Approximately 2,000
Web site: www.lacduflambeaunation.com/deDts/
NRDenv.html
EPA Grants: Section 128(a) Tribal Response Grant
LEECH LAKE BAND OF OJIBWE
Location: North Central Minnesota
Land Area: 680,000 acres
Population: Approximately 9,000
Web site: www.lldrm.org/brownsfield.html
EPA Grants: Section 128(a) Tribal Response Grant
LITTLE RIVER BAND OF OTTAWA INDIANS
Location: Western Coast of Michigan
Land Area: 1,100 acres
Population: Approximately 3,318
Web site: www.lrboi.com
EPA Grants: Assessment Pilot, Cleanup Grant,
and Section 128(a) Tribal Response Grant
LOWER SIOUX INDIAN COMMUNITY
Location: South Central Minnesota
Land Area: 1,700 acres
Population: Approximately 930
Web site: www.lowersioux.com/d-environment.
html
EPA Grants: Section 128(a) Tribal Response Grant
MENOMINEE INDIAN TRIBE OF WISCONSIN
Location: Central and Mid-eastern Wisconsin
Land Area: 236,000 acres
Population: Approximately 4,000
Web site: www.menominee-nsn.gov/
enforcementResource/environResources/
environHome.DhD
EPA Grants: Section 128(a) Tribal Response Grant
MILLE LACS BAND OF OJIBWE
Location: East Central Minnesota
Land Area: 61,000 acres
Population: Approximately 4,000
Web site: www.millelacsojibwe.org/Page
NaturalResources.aspx
EPA Grants: Section 128(a) Tribal Response Grant
NOTTAWASEPPI HURON BAND POTAWATOMI
Location: South Central Michigan
Land Area: 129 acres
Population: Approximately 900
Web site: www.nhbpi.com/Departments/
Environmental.html
EPA Grants: Section 128(a) Tribal Response Grant
ONEIDA NATION WISCONSIN
Location: Eastern Wisconsin
Land Area: 103 square miles
Population: Approximately 21,300 (12,000 enrolled
tribal members, 2,500 reside on the Reservation)
Web site: www.oneidanation.ora/environment
EPA Grants: Section 128(a) Tribal Response Grant
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RED CLIFF BAND OF LAKE SUPERIOR CHIPPEWA
Location: Northern Coast of Wisconsin
Land Area: 14 square miles
Population: Approximately 900
Web site: www.redcliff-nsn.aov/DeDartments/
natural resources.htm
EPA Grants: Section 128(a) Tribal Response Grant
RED LAKE BAND OF CHIPPEWA
Location: Northwestern Minnesota
Land Area: 805,516 acres
Population: Approximately 5,162
Web site: www.redlakenation.ora
EPA Grants: Assessment Pilot and Section 128(a)
Tribal Response Grant
SAGINAW CHIPPEWA INDIAN TRIBE OF MICHIGAN
Location: Central Michigan
Land Area: 1,800 acres
Population: Approximately 3,300
Web site: www.saachiD.ora
EPA Grants: Section 128(a) Tribal Response Grant
ST. CROIX CHIPPEWA INDIANS OF WISCONSIN
Location: Northwestern Wisconsin
Land Area: 4,700 acres
Population: Approximately 2,900
Web site: www.stcciw.com/Content/
EnvironmentalDeDt.asDX
EPA Grants: Assessment Grant, Cleanup Grant,
and Section 128(a) Tribal Response Grant
Deborah Orr
EPA Region 5 Brownfields Coordinator
(312) 886-7576
orr.deborah@eoa.aov
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ONEIDA TRIBE OF INDIANS OF WISCONSIN
Collecting Environmental Information, Analyzing Risk and Ranking Properties
Location: Eastern Wisconsin, west side of Green Bay
Land Area: Approximately 103 square miles
Population: Approximately 21,300 (12,000 enrolled
members, 2,500 reside on the Reservation)
Web site: www.oneidanation.org
EPA Grants: Section 128(a) Tribal Response Grant
The Oneida Tribe of Indians of Wisconsin
is developing a Tribal Environmental
Response Program (TERP) with its
Section 128(a) Tribal Response Program
funding. The funding is being used to
establish the infrastructure for the TERP
and address releases of hazardous and
regulated materials to the environment.
Oneida is addressing environmental concerns that affect its multi-
jurisdictional Reservation through the development of an internal Web-
based database application. The database was developed as a cross-program
effort to help track potential exposure mechanisms and analyze risks to
human health and the environment on the Reservation. The project and
database evolved over 2.5 years. The database is a collaborative effort
that includes six Tribal program areas with an inventory of waterways, a
catalogue and inventory of known environmental risks that include lead
and asbestos, vapor pathways data, and state and federal environmental
and underground storage tank (UST) information. In addition, the database
includes surface water sampling information including fish, invertebrates and chemistry information from
samples taken along Reservation waterways. There are over 1,500 records in the database linked to land
parcel information. The system can be used to identify and rank properties with environmental concerns
based on exposure risks, aid in community area development plans, and compare them to culturally
sensitive areas. Oneida is continuing to work cross-programmatically with Tribal programs and the
Wisconsin Department of Natural Resources (DNR) to add additional information to the database.
The database also enables Oneida to generate a public record of properties where activities have been
overseen by the TERP from the information collected in the database. This record includes the general
location information, date of TERP notification, type of TERP response, material released, environmental
impact and TERP actions. The public record also provides a listing of "historical release or action
sites" that draw frequent attention from the community. The database and TERP provide meaningful
opportunities for Tribal members to participate in the selection of properties to be addressed, assist in
identifying previously unknown concerns, and identify appropriate reuses of properties that have been
cleaned up.
For more information regarding
Oneida's Tribal Environmental
Response Program and database
development, please contact
Victoria Flowers at vflowers@
oneidanation.org or (920) 496-5328.
"The database application development
was a labor of love. The process presented
challenges; however, through hard work and
dedication, it is now a powerful tool to assist
us in addressing environmental concerns
that affect the Reservation."
- Victoria Flowers, Environmental Specialist, Brownfield Oneida
Environmental, Health & Safety Division
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LAC DU FLAMBEAU BAND OF LAKE SUPERIOR
CHIPPEWA INDIANS
V
Restoring Valuable Natural Lands
Location: Northern Wisconsin
Land Area: 86,630 acres
Population: Approximately 2,000
Web site: www. 1 acduflambeaunation.com
EPA Grants: Section 128(a) Tribal Response Grant
The Lac du Flambeau Tribe is utilizing
EPA Section 128(a) Tribal Response
Program funding to identify, inventory,
assess and clean up properties with
contamination concerns within its
Reservation.
The Lac du Flambeau Tribal
Environmental Response Program developed an inventory that identified 254 "properties with
environmental concerns" and mapped the properties to inform the community of potential contamination
on the Reservation. The inventory allows the Tribe to develop knowledge about the risks on its lands,
address contamination, and plan new development or reuse. In addition, it allows the community to get
involved and share its concerns about potential risks on the Reservation, and provides reassurance to the
public that contamination is being addressed.
In 2008, the community played a role in
identifying and cleaning up several tire burn
sites. During a time of high metal prices, scrapers
collected tires and burned them off their rims
in three separate wilderness areas under the
cover of darkness. Community members alerted
the Tribal Natural Resource Department about
these piles because they were concerned that the
burned tires would contaminate air, land, surface
water and ground water. The Tribe conducted an
investigation and public awareness campaign to
halt the illegal activities. The Tribal Conservation
Law Department, Wildlife Management
Department, Solid Waste Department, Tribal
Roads Department and Environmental Protection
Department played a role in the identification,
investigation and cleanup of the tire burn piles.
Tire burn site before cleanup.
EPAs quick review of brownfield eligibility information and the subsequent eligibility determinations
allowed the Tribal Response Program to expend Section 128 (a) dollars to excavate and properly dispose
the burned debris and contaminated soil in an emergency timeframe. Soil confirmation samples were
collected from the excavation area to confirm that the contaminated material was removed. The soil lab
analysis was funded with Bureau of Indian Affairs (BIA) grant dollars. In addition, the Tribal Response
Program developed a standard operating procedure (SOP) for tire burn cleanups detailing cleanup and
documentation procedures.
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The Tribe is also in the process of passing a Tribal
Cleanup Code to protect its natural resources from
contamination. The code will require spillers to
report releases and clean up contamination to
Tribal Standards. After Tribal Council approval,
the code adoption process requires public
information meetings, a public hearing, and a
Tribal Referendum vote.
For more information regarding Lac du
Flambeau's Tribal Environmental Response
Program, please contact Kristen Hanson at
ldfbrownsfields@,verizon.net or (715) 588-4290.
Tire burn site after cleanup.
"Section 128(a) Tribal Response Program
funding has enabled us to create and
define our program, identify brownfields
properties, develop an inventory,
and respond to and protect against
contamination on our Reservation."
- Kristen Hanson, Lac du Flambeau Brownfields Program
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EPA Region 6 Brownfields Grantees (Through FY2009)
ABSENTEE SHAWNEE TRIBE OF INDIANS
Location: Central Oklahoma
Land Area: 12,000 acres
Population: Approximately 3,050 enrolled members
Web site: www.astribe.com/enviromental.html
EPA Grants: Assessment Grant, Cleanup Grant,
Job Training Grant, and Section 128(a) Tribal
Response Grant
CHEROKEE NATION/ INTER-TRIBAL ENVIRONMENTAL
COUNCIL (ITEC)
Location: Northeastern Oklahoma
Land Area: 14 County Tribal Jurisdictional
Service Area
Population: 40 ITEC member Tribes in Oklahoma,
New Mexico and Texas
Web site: www.itecmembers.org/Programs/
WhatisSuperfund/tabid/704/Default.aspx
EPA Grants: Assessment Pilot, Cleanup Grant,
and Section 128(a) Tribal Response Grant
CHEYENNE AND ARAPAHO TRIBES OF OKLAHOMA
Location: Central Oklahoma
Population: Approximately 12,000 enrolled
members, 8,600 live within the State of Oklahoma
Web site: www.c-a-tribes.ora
EPA Grants: Assessment Pilot
COMANCHE NATION
Location: Southwest Oklahoma
Land Area: Tribal Jurisdictional area is within
Caddo, Comanche, Cotton, Grady, Jefferson,
Kiowa, Stephens, and Tillman Counties
Population: Approximately 14,700 members
Web site: www.comanchenation.com
EPA Grants: Assessment Pilot
PICURIS PUEBLO INDIAN RESERVATION
Location: North-central New Mexico
Land Area: 0.5 square miles
Population: Approximately 90 (330 enrolled members)
Web site: www.indianDueblo.ora/19Dueblos/
picuris.html
EPA Grants: Cleanup Grant
PUEBLO OF ACOMA
Location: Northwest New Mexico
Land Area: 431,664 acres
Population: Approximately 50 (2,800 enrolled
members)
Web site: www.sccc.acomaskycity.org/history
EPA Grants: Assessment Pilot
YSLETADELSUR PUEBLO
Location: Western Texas
Land Area: 3,213 acres
Population: Approximately 1,640 enrolled members
Web site: www.ysletadelsurpueblo.ora
EPA Grants: Assessment Grant
Monica Chapa Smith
EPA Region 6 Brownfields Coordinator
(214) 665-6780
smith.monica@eDa.aov
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ABSENTEE-SHAWNEE TRIBE OF INDIANS
Providing Environmental Training by Coordinating EPA Brownfields Resources
Location: Central Oklahoma
Land Area: More than 12,000 acres in portions of
Pottawatomie, Oklahoma and Cleveland Counties
Population: Approximately 3,050 enrolled members
Web site: www.astribe.com/OEP.htm
EPA Grants: Assessment Grant, Cleanup Grant, Job
Training Grant, and Section 128(a) Tribal Response Grant
"Many companies have
been impressed with
our graduates and their
knowledge. Their training is
extensive, covering asbestos
remediation, confined space
and rescue training, as well
as first aid and CPR."
- Renee Hood, Absentee-Shawnee
Environmental Director
The Absentee-Shawnee Tribe of
Indians has provided job training
to more than 124 students to date.
EPA Brownfields Job Training
grants awarded in 2006 and 2008
provided the main funding source to
initiate and continue this program.
The Absentee-Shawnee job training
program, in partnership with the
Gordon Cooper Technology Center
and East Central University of Oklahoma, is one of only
three accredited asbestos training programs in Oklahoma
and the only program that provides free training.
Before graduating, students are trained in asbestos
remediation; HAZWOPER; confined space and rescue
training; first aid and CPR; the National Incident
Management System (NEVIS); and inspector contractor
supervision. Students have the opportunity to develop
skills on actual environmental assessment and cleanup
projects. This coordinated effort gives students real-life
experience and supports Tribal site specific efforts funded
by EPAs Section 128(a) Tribal Response Program.
The Tribe's brownfields office and job training
classroom are located on a 21-acre former brownfields
property. Students use nearby brownfields with illegal
dumping, asbestos and mold issues to apply their skills,
including how to: conduct site screenings; conduct mold
assessment and inspections; use a global positioning
system (GPS) to mark properties; and use equipment
such as underground survey instruments.
The Tribe's Office of Environmental Protection hired graduates from the program to work within its
brownfields office. For example, one former student is employed as the asbestos trainer and another
graduate has his own company, which has been awarded contracts from the Absentee-Shawnee Tribe of
Indians and other tribes for cleanup projects. Other graduates have obtained employment in the asbestos
and solid waste fields, tribal environmental programs, and some work for the United States Geological
Survey (USGS) and the Federal Emergency Management Agency (FEMA).
For more information regarding the Absentee-Shawnee Tribe of Indian's environmental job training and
brownfields efforts, please contact Renee Hood at reneeh@astribe.com or (405) 273-9966.
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V
CHEROKEE NATION/INTER-TRIBAL
ENVIRONMENTAL COUNCIL (ITEC)
Spurring Tourism through Historical Preservation and Community Enhancement
Location: Northeastern Oklahoma
Land Area: 14-County Tribal Jurisdictional Service Area
Population: 40 ITEC member tribes in Oklahoma, New
Mexico and Texas
Web site: www.itecmembers.org
EPA Grants: Assessment Pilot, Cleanup Grant, and Section
128(a) Tribal Response Grant
The Cherokee Nation
Environmental Programs/Inter-
Tribal Environmental Council
(ITEC) provides environmental
compliance and capacity building
services to the Cherokee Nation,
as well as to 40 additional member
tribes in Oklahoma, Texas, and
New Mexico for EPA-related
programs, including brownfields.
With a staff of 30 full-time employees in its environmental program, the Cherokee Nation conducts site
visits and Phase I and Phase II environmental site assessments. It focuses on redeveloping several key
properties to increase tourism in the area.
A recent project involved the Saline Courthouse.
The courthouse was built in 1888 as one of nine
original courthouses for the Cherokee Nation
and it served as a hub of commerce and public
gathering space. The Tribe estimates that the
restoration of the 14-acre Saline Courthouse
National Park (in which the courthouse is
located) will cost approximately $4.4 million.
This involves restoring the courthouse and
nearby springhouse, creating a visitor center and
improving the caretaker's quarters. Remediation
of lead-based paint from the exterior siding
of the courthouse is complete. This task was
complex and time consuming as the paint was
holding the structure together, thereby requiring
The Springhouse on the Saline Courthouse National Park property
before cleanup and redevelopment.
a craftsman to restore a portion of the siding. Funding from an EPA Brownfields Cleanup grant was used,
and 12 Cherokee citizens were trained using an EPA Job Training grant to remediate the lead-based paint.
Employees worked alongside a contractor on the project, and will continue to work with the same firm
in the future. Cherokee Nation is interested in restoring other historical properties such as the Supreme
Court building, Territorial Prison and Cherokee Courthouse.
Cherokee Nation also redeveloped the Old Markoma Bible Academy—a 19-acre property with five
buildings—using Section 128(a) Tribal Response Program funding for site cleanup. Two buildings were
redeveloped to house a 25,000-square-foot state-of-the-art gymnasium that currently has 6,000 members
and offices for 90 health program employees. In addition, Oklahoma's first Program of All-inclusive Care
for the Elderly (PACE) facility was constructed on the property making it the only PACE facility in the
country to be located in a rural community.
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Tim happy to be involved with this [Saline Courthouse National Park]
project. It's long overdue. It needs to be done to preserve part of our
Cherokee heritage."
- Bobby Short, Cherokee Nation Environmental Specialist
Cherokee Nation continues to provide a leadership role
in offering Meth Lab Hazard Assessment Training.
Since October 2008, more than 100 people have been
trained in Arizona, Florida, Oklahoma, Minnesota,
New Mexico, North Dakota and Wisconsin. The
training covers three parts: 1) how to identify illegal
manufacturing processes; 2) how to assess former meth
lab sites; and 3) how to remediate these properties.
Cherokee Nation is currently working on a "Train
the Trainer" course funded by an EPA Brownfields
Technical Assistance Grant.
For more information regarding the ITEC technical
assistance program or the Cherokee Nation
Environmental Department and Meth Lab Assessment
Training, please contact Bobby Short at bshort@cherokee.org or (918) 453-5089.
The Springhouse on the Saline Courthouse National Park
property during redevelopment.
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EPA Region 7 Brownfields Grantees (Through FY2009)
SAC AND FOX NATION OF MISSOURI IN KANSAS AND NEBRASKA
Location: Kansas and Nebraska
Land Area: 147,200 acres
Population: Approximately 250
Web site: www.sacfoxfire.ora/index.html
EPA Grants: Section 128(a) Tribal Response Grant
SANTEE SIOUX NATION
Location: Northeast Nebraska
Land Area: 141,440 acres
Population: Approximately 900 (575 enrolled members)
Web site: www.santeedakota.ora
EPA Grants: Section 128(a) Tribal Response Grant
WINNEBAGO TRIBE OF NEBRASKA
Location: Northeastern Nebraska
Land Area: 120,000 acres
Population: Approximately 2,600
Web site: www.winnebaqotribe.com
EPA Grants: Section 128(a) Tribal Response Grant
Susan Klein
EPA Region 7 Brownfields Coordinator
(913)551-7786
klein.susan@eDa.aov
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SAC AND FOX NATION OF MISSOURI
IN KANSAS AND NEBRASKA
Making Brownfields Information Available to the Public through Direct Outreach
Location: Southeastern Nebraska and Northwestern Kansas
Land Area: Approximately 24 square miles
Population: Approximately 400
Web site: www.sacfoxfire.org/index.html
EPA Grants: Section 128(a) Tribal Response Grant
The Sac and Fox Tribe used
Section 128(a) Tribal Response
Program funding to help inventory
brownfields on its Reservation and
conduct public outreach. When
first receiving Section 128(a)
Tribal Response Program funding
in 2006, the Tribe drew upon
experience from the Turtle Mountain Band of Chippewa
in nearby EPA Region 8, and relied on technical expertise
from EPA's Region 7 office and Pennsylvania's Land
Recycling Program. These partnerships allowed Sac and
Fox to develop its own successful program.
Sac and Fox also worked with Kansas State University—
which provides technical assistance to brownfields
communities through an EPA Technical Assistance to
Brownfields Communities (TAB) grant—to develop a one-
page outreach fact sheet. The document describes basic
brownfields information and explains what the Tribe is
doing to address brownfields. The Tribe uses the fact sheet for direct outreach to community members
who have played an important role in identifying brownfields. The majority of brownfields on tribal
land are undeveloped properties that have become illegal dumping areas. Building partnerships within
the community has encouraged people to share information about potential properties with the Tribe's
Environmental Department. These efforts led to the identification of six brownfield sites. The brownfields
inventory lists property characteristics, geographic information system (GIS) information, known or
suspected contamination, and the status of the investigation.
Brownfields outreach material at the Tribe's Health Fair.
| "Without help from EPA and other
I partners, I don't imagine that the Tribal
Response Program would have ever
| gotten off the ground."
- Mike Kelley, Sac and Fox Brownfields Technician
Of the six properties currently on the
Tribe's inventory, five of them are in the
process of a Phase I assessment. Sac and
Fox plans to use its Section 128(a) Tribal
Response Program funding to conduct
Phase II assessments and any necessary
remediation on these properties. Once the
properties are cleaned up, the Tribe is considering returning them to natural open space. In addition, a
few properties that border Tribal housing areas have the potential to be developed into much needed
Tribal housing. Whatever the end use, the assessment and cleanup process will continue to help the Tribe
address brownfields and build a healthier community.
For more information regarding Sac and Fox's Tribal Response Program, please contact Mike Kelley at
mike.kelley@sacfoxenviro.org or (785) 742-4706.
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EPA Region 8 Brownfields Grantees (Through FY2009)
BLACKFEET TRIBE
Location: Northwestern Montana
Land Area: 1.5 million acres
Population: 15,560 enrolled members, approximately
7,000 living on or near the Reservation
Web site: www.blackfeetnation.com
EPA Grants: Assessment Grant, Job Training Grant,
and Section 128(a) Tribal Response Grant
CHEYENNE RIVER SIOUX TRIBE
Location: Central South Dakota
Land Area: 3 million acres
Population: Approximately 8,500
Web site: www.sioux.ora/Enalish/
BrownsfieldProaram.Dht
EPA Grants: Section 128(a) Tribal Response Grant
CHIPPEWACREE TRIBE
Location: North-Central Montana
Land Area: 107,613 Acres
Population: Residents: 1,557; Non-Residents:
Approximately 1,241
Web site: www.rockvbov.ora
EPA Grants: Section 128(a) Tribal Response Grant
CONFEDERATED SALISH & KOOTENAI TRIBES
Location: Northwestern Montana
Land Area: 1.3 million acres
Population: Approximately 4,000 (6,800 enrolled
members)
Web site: www.cskt.ora/tr/eoa brownfield.htm
EPA Grants: Cleanup Grant and Section 128(a) Tribal
Response Grant
CROW CREEK SIOUX TRIBE
Location: Central South Dakota
Land Area: 225,000 acres
Population: Approximately 2,800
Web site: www.state.sd.us/oia/crow.aso
EPA Grants: Section 128(a) Tribal Response Grant
CROW NATION
Location: South-central Montana
Land Area: 9,307 acres
Population: Approximately 6,900 (12,000
enrolled members)
Web site: www.crowtribe.com
EPA Grants: Assessment Pilot
EASTERN SHOSHONE & NORTHERN ARAPAHO
Location: Central Wyoming
Land Area: 2.2 million acres
Population: Approximately 4,200 Eastern Shoshone and
7,400 Northern Arapaho enrolled members
Web site: www.easternshoshone.net and
www.northernarapaho.com
EPA Grants: Section 128(a) Tribal Response Grant
FLANDREAU SANTEE SIOUX TRIBE
Location: Eastern South Dakota
Land Area: 5,000 acres
Population: Approximately 800
Web site: www.fsst.ora/eoa/brownsfield oroaram.htm
EPA Grants: Section 128(a) Tribal Response Grant
FORT BELKNAP INDIAN COMMUNITY
Location: North-Central Montana
Land Area: 675,147 acres
Population: Approximately 5,000 (5,426
enrolled members)
Web site: www.ftbelknap-nsn.gov/brownfields
EPA Grants: Assessment Pilot, Job Training Grant, and
Section 128(a) Tribal Response Grant
FORT PECK ASSINIBOINE & SIOUX TRIBES
Location: North-Eastern Montana
Land Area: More than 2 million acres
Population: 11,786 enrolled members, approximately
6,000 reside on or near the Reservation
Web site: www.fortoeckoeD.ora/brownfields.html
EPA Grants: Section 128(a) Tribal Response Grant
LOWER BRULE SIOUX
Location: Central South Dakota
Land Area: 207 square miles
Population: Approximately 1,300
Web site: www.lbst.org
EPA Grants: Assessment Grant and Section 128(a)
Tribal Response Grant
MANDAN, HIDATSA, ARIKARA NATION (THREE
AFFILIATED TRIBES)
Location: North Dakota
Land Area: 988,000 acres
Population: Approximately 5,900
Web site: www.mhanation.com
EPA Grants: Section 128(a) Tribal Response Grant
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EPA Region 8 Brownflelds Grantees (Through FY2009) continued
NORTHERN CHEYENNE TRIBE
Location: Southeastern Montana
Land Area: 444,000 acres
Population: Approximately 9,496 enrolled tribal
members with about 4,100 residing on the Reservation
Web site: www.chevennenation.com
EPA Grants: Section 128(a) Tribal Response Grant
OGLALA SIOUX
Location: Southwest South Dakota
Land Area: 2,219,520 acres
Population: Approximately 29,000
Web site: www.home.comcast.net/~zebrec/index.
html
EPA Grants: Section 128(a) Tribal Response Grant
ROSEBUD SIOUX
Location: South-central South Dakota
Land Area: 922,759 acres
Population: Approximately 20,800
Web site: www.sicangu.com/Brownfields/
Brownfields.htm
EPA Grants: Section 128(a) Tribal Response Grant
SISSETON-WAHPETON SIOUX TRIBE
Location: Northeast South Dakota
Land Area: 106,000
Population: Approximately 9,894
Web site: www.swo-oeD.com
EPA Grants: Cleanup Grant and Section 128(a)
Tribal Response Grant
SOUTHERN UTE
Location: Southwestern Colorado
Land Area: 681,000 acres
Population: Approximately 11,160 on the Reservation
with 1,150 tribal residents
Web site: www.southern-ute.nsn.us
EPA Grants: Section 128(a) Tribal Response Grant
SPIRIT LAKE NATION
Location: East-Central South Dakota
Land Area: 90,000 acres
Population: Approximately 6,000
Web site: www.spiritlakenation.com/
EPA brownfields.htm
EPA Grants: Assessment Pilot, Cleanup Grant, Job
Training Pilot, and Section 128(a) Tribal Response
Grant
STANDING ROCK SIOUX TRIBE
Location: North Dakota and South Dakota
Land Area: 2,285,440 acres
Population: Approximately 8,508
Web site: www.srepabrownfields.standingrock.org/
brown.html
EPA Grants: Assessment Grant, Cleanup Grant, and
Section 128(a) Tribal Response Grant
TURTLE MOUNTAIN
Location: Northern North Dakota
Land Area: 140,107 acres
Population: Approximately 10,800
Web site: www.tmbci.net
EPA Grants: Assessment Pilot and Grant, Job Training
Pilot Section 128(a) Tribal Response Grant
UTE INDIAN TRIBE
Location: Northeastern Utah
Land Area: 4.5 million acres
Population: Approximately 1,600
Web site: www.utetribe.com
EPA Grants: Section 128(a) Tribal Response Grant
UTE MOUNTAIN UTE TRIBE
Location: Southwestern Colorado
Land Area: 597,000 acres
Population: Approximately 2,000
Web site: www.utemountainute.com
EPA Grants: Section 128(a) Tribal Response Grant
YANKTON SIOUX
Location: Southeastern South Dakota
Land Area: 40,000 acres
Population: Approximately 3,500
Web site: www.state.sd.us/oia/vankton.asp
EPA Grants: Assessment Pilot and Section 128(a)
Tribal Response Grant
Dan Heffernan
EPA Region 8 Brownfields Coordinator
(303)312-7074
heffernan.daniel@eoa.aov
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SOUTHERN UTE INDIAN TRIBE OF SOUTHERN
UTE RESERVATION
V
Completing First Cleanup Builds Expertise for Future Projects
Location: Southwestern Colorado
Land Area: Approximately 681,000 acres
Population: Approximately 11,160 on the
Reservation with 1,150 tribal residents
Web site: www.southern-ute.nsn.us
EPA Grants: Section 128(a) Tribal Response Grant
The Southern Ute Indian Tribe is using its
Section 128(a) Tribal Response Program
funding to clean up brownfield properties
on its Reservation. From experience on
the Ute Park cleanup project, the Tribal
Brownfields Program learned lessons that
will help make the cleanup process more
effective in the future. For example, a key
challenge during the Ute Park cleanup
was identifying and understanding Tribal processes for obtaining Tribal approval of the contract with
the cleanup contractor. The Tribal Brownfields Program now has a better understanding of the approval
process and can apply language similar to the Ute Park contract for future brownfields cleanup activities.
The Ute Park cleanup project included three buildings—Tribal chambers,
recreation hall and restroom buildings—all of which contained asbestos
and lead-based paint contamination. Section 128(a) Tribal Response
Program funding was used to assess the property, conduct asbestos
abatement, and demolish and properly dispose of the building debris.
Cleanup was completed in December 2008, and construction of a chapel
and multi-facility building has begun on the site.
The Tribe is currently working on the Cabezon Ranch property,
which includes several buildings. Phase I and Phase II environmental
site assessments were completed in summer 2009 using contractual support from an EPA Region 8
Targeted Brownfields Assessment (TEA). The ranch house and bunk house contain lead and asbestos
contamination and have structural instability issues, while some of the other buildings have old oil
and pesticide containers. Initial reuse options for the property include a grazing area for livestock, hay
production, and a recreation area for hunting or snowmobiling.
The Tribe has identified other potential
cleanup projects on the Reservation, such
as the Old Casino site and several open
dumps. Southern Ute Environmental
Program staff are also partnering with the
EPA Region 8 Solid Waste Program on a
casino recycling project.
From experience working on its first
cleanup project, the Southern Ute Tribal
Brownfields Program is applying lessons
learned to increase the effectiveness of
its cleanup process for future projects.
For more information regarding the
Southern Ute Indian Tribe's brownfields activities, please contact Bob Kilian at bkilian@,southern-ute.
nsiLus or (970) 563-0135.
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SPIRIT LAKE NATION
Utilizing a Variety of EPA Program Funding Sources to Address Brownfields
Location: East Central North Dakota
Land Area: 90,000 acres
Population: Approximately 6,000
Web site: www.spiritlakenation.com
EPA Grants: Assessment Pilot, Cleanup Grant, Job
Training Pilot, and Section 128(a) Tribal Response Grant
Spirit Lake Nation is using a
variety of EPA funding sources to
assess and clean up brownfields
properties on its Reservation.
Spirit Lake Nation received its first
EPA Brownfields Assessment grant
in 1999, and since that time it has
completed numerous assessments
and cleanups utilizing a variety of
EPA funding sources. In addition to
the original Assessment grant, Spirit
Lake Nation received additional
EPA Brownfields funding, including:
a Brownfields Job Training grant in 2002; contractual support for four
Targeted Brownfields Assessments (TEA) in 2003; Section 128(a) Tribal
Response Program funding beginning in 2003; four Brownfields Cleanup
grants in 2005; and funding from EPAs Superfund Program.
The Old Fort Totten Hospital is an example of a Tribal project that
effectively leveraged numerous resources. An initial environmental
assessment was conducted under the Tribe's Section 128(a) Tribal Response
Program funding, while a structural engineering assessment was provided
through a TEA. The EPA Superfund Emergency
Response Program conducted an asbestos
abatement while the Brownfields Cleanup grant
funding was used to remediate lead-based paint
and mold. Today, the Tribe is pursuing additional
funding options to rehabilitate the building into
apartments.
Spirit Lake Nation conducted more than 18 assessments and several cleanups for sites such as the Old
Fort Totten Community Center, St. Michael's Indian Mission School, and 32 homes at Rolling Hills and
Ross Acres. Graduates from the Brownfields Job Training program were employed on all brownfields
cleanup projects; they remediated lead-based paint, asbestos and mold. The Job Training grant provided
training for more than 50 students in a variety of certified cleanup and responder courses, and six students
completed comprehensive certified environmental training.
Spirit Lake Environmental Program Administration staff also used Section 128(a) Tribal Response
Program funding to develop a draft Solid Waste Ordinance that includes requirements for solid and
hazardous waste management; the Tribal Response Program; and a civil compliance and enforcement
program to address illegal activities such as littering and illegal dumping. The Solid Waste Ordinance will
help Spirit Lake Nation continue to assess and clean up the more than 80 properties in its inventory, while
requiring that releases of hazardous substances are properly addressed and remediated to prevent future
brownfields.
For more information regarding Spirit Lake Nation's Environmental Department, please contact Sean
Gourd at sgourd@,spiritl akenati on. com or (701) 766-1259.
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EPA Region 9 Brownfields Grantees (Through FY2009)
CHER-AE HEIGHTS INDIAN COMMUNITY OF THE
TRINIDAD RANCHERIA
Location: Northern Coast of California
Population: 250 enrolled members
Web site: www.trinidad-rancheria.ora/index files/
Page376.html
EPA Grants: Cleanup Grant
RINCON BAND OF LUISENO INDIANS
Location: Southern California
Land Area: 4,000 acres
Population: Approximately 1,500
Web site: www.rincontribe.ora
EPA Grants: Section 128(a) Tribal Response Grant
ELY SHOSHONE TRIBE
Location: Eastern Nevada
Land Area: 111 acres
Population: Approximately 150 (500 enrolled members)
Web site: N/A
EPA Grants: Assessment Pilot
GILA RIVER INDIAN COMMUNITY
Location: Central Arizona
Land Area: 372,000 acres
Population: Approximately 16,000
Web site: www.ailariver.ora/index.DhD/deDartments/
24-Dublic-safetv/78-deDartment-of-environmental-
iuality.html
EPA Grants: Assessment Pilot and Grant, Cleanup Grant,
and Section 128(a) Tribal Response Grant
HOOPA VALLEY TRIBE
Location: Northwestern California
Land Area: 89,600 acres
Population: Approximately 2,600
Web site: www.hooDa-nsn.aov/departments/
EPA Grants: Assessment Pilot and Section 128(a)
Tribal Response Grant
HOPLAND BAND OF POMO INDIANS
Location: Northern California
Land Area: 40 acres
Population: Approximately 45 (300 enrolled members)
Web site: www.hoplandrancheria.com
EPA Grants: Assessment Grant and Cleanup Grant
NAVAJO NATION
Location: Utah, New Mexico, Arizona
Land Area: 27,000 square miles
Population: Approximately 250,000
Web site: www.epa.navaio.ora
EPA Grants: Assessment Pilot and Section 128(a) Tribal
Response Grant
SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY
Location: Central Arizona
Land Area: 52,600 acres
Population: Approximately 8,700
Web site: www.srpmic-nsn.gov/government/epnr
EPA Grants: Assessment Pilot and Grant, Cleanup
Grant, and Section 128(a) Tribal Response Grant
TOHONO O'ODHAM NATION
Location: South Central Arizona
Land Area: 2.8 million acres
Population: Approximately 28,000
Web site: www.tonation-nsn.aov/directorv.asDX
EPA Grants: Assessment Pilot and Section 128(a)
Tribal Response Grant
WHITE MOUNTAIN APACHE TRIBE
Location: East-Central Arizona
Land Area: 1.67 million acres
Population: Approximately 15,000 enrolled members
Web site: www.wmat.nsn.us
EPA Grants: Assessment Pilot
WIYOT TRIBE
Location: Northern Coast of California
Land Area: 88 acres
Population: Approximately 350
Web site: www.wivot.com/environmental
EPA Grants: Cleanup Grant
YUROK TRIBE
Location: Northwestern California
Land Area: 63,035 acres
Population: Approximately 5,000
Web site: www.yuroktribe.ora/deDartments/
EPA Grants: Section 128(a) Tribal Response Grant
Noemi Emeric-Ford
EPA Region 9 Brownfields Coordinator
(213) 244-1821
emeric-ford.noemi@eDa.aov
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YUROK TRIBE OF YUROK RESERVATION
Developing an Inventory and Updating Environmental Codes to
Prevent New Brownfields
Location: Northwestern California
Land Area: 63,000 acres
Population: Approximately 5,000
Web site: www.yuroktribe.org
EPA Grants: Section 128(a) Tribal Response Grant
Although the Yurok Tribe has only received
Section 128(a) Tribal Response Program
funding for two years, it has made significant
progress in developing an inventory
of brownfield properties and updating
environmental codes. In order to develop the
inventory, Yurok Environmental Program
staff organized several scoping meetings with
Tribal elders and other residents to obtain
historical knowledge on the past use of
properties. Staff also encouraged residents to
complete brownfield property survey forms
at community meetings, which resulted in a
collection of information on more than 200
properties to verify that all the properties
meet the definition of brownfields and to
remove any duplicates. After site visits are
conducted, the properties will be added to the
Yurok Tribe's online database. Environmental
assessments are currently underway for
four of the properties in the inventory using
Section 128(a) Tribal Response Program
funds. Additional properties will be prioritized for environmental assessment in the future. Priority will
be based on proximity to sensitive receptors such as schools, residences and the Klamath River, which
runs alongside the Reservation for 48 miles.
The Yurok Tribe is focused on preventing additional brownfields. During a review of Tribal
environmental codes, Environmental Program staff realized that some ordinances could be more
effective. They worked with a Tribal attorney, judge and police to redraft the abandoned vehicle and
illegal dumping ordinances. Staff are also in the process of redrafting the blight ordinance. As an
additional preventative measure, the Tribe
agreed to sign a Joint Powers Agreement
with the Humboldt Dunbar Hazardous
Response Authority, which will be responsible
for containing hazardous spills within the
Residents completing brownfield property survey
forms at a community meeting.
Reservation for a small annual fee. Responsible
and complete response is important for the
Reservation and for the frequent tourists that
travel through this area.
The Yurok Tribe is preventing
additional brownfields on its land by
using Section 128(a) Tribal Response
Funding to revise and develop new
Tribal environmental codes and
ordinances.
For more information regarding Yurok's Environmental Program, please contact Ken Henderson at
khenderson@,yuroktribe.nsn.us or (707) 482-1822 x203.
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NAVAJO NATION
Enacting the First Tribal CERCLA Law
Location: Extends into the states of Utah,
Arizona and New Mexico
Size: More than 27,000 square miles
Population: More than 200,000
Web site: www.navajo.org
EPA Grants: Assessment Pilot and Section
128(a) Tribal Response Grant
V
In March 2008, after ten years of development,
the Navajo Nation Comprehensive Environmental
Response, Compensation and Liability Act
(NNCERCLA Law) was passed by the Navajo
Nation; it is the first tribal law of its kind. The
law resembles the federal Superfund law with
similarities such as a Hazardous Substance Fund
for projects where funding is not available. It also
has key differences, such as covering petroleum
and natural gas as "hazardous" substances. The
Navajo Nation used a portion of its Section 128(a) Tribal Response Program funding to enhance its
program through development of the NNCERCLA Law.
The Navajo Nation EPA (NNEPA) worked with a variety of Navajo
Nation offices to determine the best approach for a revenue generating
source to establish the Hazardous Substance Fund. The final decision
was to include, in the law, a tariff for non-petroleum activities, such
as transporting hazardous substances across the Reservation. There
were other challenges the Tribe faced in developing the law, including
whether petroleum and natural gas should be considered "hazardous
substances" and determining specific terminology to ensure established
long-term voluntary agreements were not affected.
The implementation phase of the law presented challenges for the Navajo Nation. NNEPA signed a
Tolling Agreement with representatives from oil and gas companies, which allows the parties to meet
every two to three months until 2010 to negotiate the policy terms of the NNCERCLA Law. As a result
of these ongoing negotiations, NNEPA met with key stakeholders to develop two release reporting
requirements (one for hazardous substances and one for petroleum substances), using New Mexico's
reporting form and tailoring it for the Navajo Nation.
The NNCERCLA Law was used successfully to enforce a potentially responsible party (PRP) to
characterize its contaminated site. NNEPA provided oversight of characterization activities and is
currently awaiting receipt of the PRP's data. Meanwhile, the implementation process is expected to take
at least another two years as the program documents are finalized, and NNEPA continues its dialogue
with non-tribal stakeholders. NNEPA is also outlining specific rates for the tariff, which will require a
public comment process.
In addition to enhancing its program with the NNCERCLA Law, NNEPA remains focused on identifying
and assessing potential brownfields. NNEPA identified approximately ten potential brownfield sites by
holding public outreach meetings at Navajo Nation Chapters. After NNEPA staff provide an overview of
the Brownfields Program, Chapter staff give a tour of potential brownfields based on their knowledge of
previous site use. Before these sites are prioritized for environmental assessments, additional research is
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"This program [the NNCERCLA Law] will be
something awesome for the Tribe because
it will build the capacity that we've always
been looking for. It will allow us to work
on sites that didn't meet the federal U.S.
EPA criteria and sites that we wanted
to address but couldn't because they
couldn't be funded."
- Freida White, Manager, Navajo Nation Superfund Program
conducted to determine if the sites are likely to have contamination, and to ensure another Navajo Nation
department is not already working on them. Two sites, the Pinion McGee former trading post and the
Sawmill, will soon be assessed through a Region 9 Targeted Brownfields Assessment.
For more information regarding the NNCERCLA Law or Brownfields Program, please contact Freida
White at fireidasw@juno.com or (928) 871-6859.
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EPA Region 10 Brownfields Grantees (Through FY2009)
ANVIK TRIBAL COUNCIL
Location: Western Alaska
Land Area: 11.9 square miles
Population: Approximately 100
Web site: www.anviktribalcouncil.com/
brownfields.html
EPA Grants: Section 128(a) Tribal Response Grant
BRISTOL BAY NATIVE ASSOCIATION
Location: Southwest Alaska
Population: Tribal Consortium, made up of 31 Tribes
Web site: www.bbna.com/Web site/
Natural%20 Brownsfield.html
EPA Grants: Section 128(a) Tribal Response Grant
CONFEDERATED TRIBES OF THE COLVILLE RESERVATION
Location: North Central Washington
Land Area: 1.4 million acres
Population: Approximately 5,000
Web site: www.taenviro.com/colville
EPA Grants: Assessment Pilot and Grant, Job Training
Grant and Section 128(a) Tribal Response Grant
CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND
SIUSLAW INDIANS
Location: Western Washington
Land Area: 130 acres
Population: Approximately 700
Web site: www.ctclusi.ora/CTCLUSINEW
EPA Grants: Section 128(a) Tribal Response Grant
CONFEDERATED TRIBES OF YAKAMA NATION
Location: Oregon
Land Area: 1.2 million acres
Population: Approximately 8,400
Web site: www.critfc.ora/text/vakama.html
EPA Grants: Section 128(a) Tribal Response Grant
JAMESTOWN S'KLALLAM TRIBE
Location: Northwest Washington
Land Area: 35 acres
Population: Approximately 600
Web site: www.jamestowntribe.org/jstweb 2007/
)rograms/nrs/nrs browns.htm
EPA Grants: Cleanup Grant and Section 128(a)
Tribal Response Grant
KUSKOKWIM RIVER WATERSHED COUNCIL
Location: Western Alaska
Land Area: N/A
Population: N/A
Web site: www.kuskokwimcouncil.ora/
brownfields.html
EPA Grants: Section 128(a) Tribal Response Grant
LESNOI VILLAGE (WOODY ISLAND) INDIAN TRIBE
Location: Southwest Alaska
Land Area: 5 square miles
Web site: www.woodvisland.com
EPA Grants: Section 128(a) Tribal Response Grant
LOWER ELWHA KLALLAM TRIBE
Location: Northwest Washington
Land Area: 1,000 acres
Web site: www.elwhainfo.org/resource-
management/brownfields-cleanui:
EPA Grants: Section 128(a) Tribal Response Grant
MAKAH INDIAN NATION
Location: Northwest Washington
Land Area: 47 square miles
Population: Approximately 1,400
Web site: www.makah.com
EPA Grants: Section 128(a) Tribal Response Grant
MANIILAQ ASSOCIATION
Location: Northwest Alaska
Land Area: N/A
Population: N/A
Web site: www.maniilai
EPA Grants: Section 128(a) Tribal Response Grant
METLAKATLA INDIAN COMMUNITY
Location: Southern Alaska
Land Area: 1,472 acres
Population: Approximately 1,200
Web site: www.metlakatla.com
EPA Grants: Section 128(a) Tribal Response Grant
MIDDLE KUSKOKWIM CONSORTIUM
Location: Western Alaska
Land Area: N/A
Population: N/A
Web site: www.middlekuskokwimconsortium.org
EPA Grants: Section 128(a) Tribal Response Grant
NATIVE VILLAGE OF SAINT MICHAEL
Location: Western Alaska
Land Area: 13,952 acres
Population: Approximately 400
Web site: www.kawerak.ora/tribalHomePaaes/
stMichael/index.html
EPA Grants: Section 128(a) Tribal Response Grant
NATIVE COUNCIL OF PORT HEIDEN
Location: Western Alaska
Land Area: 32,448 acres
Population: Approximately 90
Web site: N/A
EPA Grants: Section 128(a) Tribal Response Grant
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EPA Region 10 Brownflelds Grantees (Through FY2009) continued
NATIVE VILLAGE OF POINT HOPE
Location: Northwest Alaska
Land Area: 6.4 square miles
Population: Approximately 600
Web site: N/A
EPA Grants: Section 128(a) Tribal Response Grant
NELSON ISLAND CONSORTIUM NATIVE VILLAGE OF
TUNUNAK
Location: Western Alaska
Land Area: 60 square miles
Population: Approximately 325
Web site: www.nelsonislandconsortium.ora/
brown.html
EPA Grants: Section 128(a) Tribal Response Grant
NEZ PERCE TRIBE OF IDAHO
Location: Western Idaho
Land Area: 17 million acres
Population: Approximately 2,700
Web site: www.nezperce.org/Qfficial/
landservicesprogram.htm
EPA Grants: Section 128(a) Tribal Response Grant
ORGANIZED VILLAGE OF KASAAN
Location: Southern Alaska
Land Area: 3,968 acres
Population: Approximately 40
Web site: www.blueskiessolutions.net/QVK KML/
GM API.html
EPA Grants: Section 128(a) Tribal Response Grant
PORT GAMBLE S'KLALLAM TRIBE
Location: Northwest Washington
Land Area: 1,301 acres
Population: Approximately 600
Web site: www.pgst.nsn.us
EPA Grants: Assessment Grant and Section 128(a)
Tribal Response Grant
PUYALLUP TRIBE OF TACOMA
Location: Western Washington
Land Area: 28.5 square miles
Population: Approximately 3,800
Web site: www.puyallup-tribe.com/index.
php?nav=programs&id=35
EPA Grants: Assessment Pilot and Section 128(a) Tribal
Response Grant
SELAWIK IRA (NATIVE VILLAGE OF SELAWIK)
Location: Northwest Alaska
Land Area: 1,600 acres
Population: Approximately 850
Web site: N/A
EPA Grants: Section 128(a) Tribal Response Grant
SHOSHONE-BANNOK TRIBES
Location: Southeast Idaho
Land Area: 520,960 acres
Population: Approximately 5,762
Web site: www.sbtribes-ewmp.com
EPA Grants: Section 128(a) Tribal Response Grant
SKOKOMISH INDIAN TRIBE
Location: Western Washington
Land Area: 8.2 square miles
Population: Approximately 730
Web site: www.skokomish.org
EPA Grants: Assessment Grant
SWINOMISH INDIAN TRIBAL COMMUNITY
Location: Northwest Washington
Land Area: 2,900 acres
Population: Approximately 2,700
Web site: www.swinomish.org/departments/
planning/environmental compliance/
enviro compliance main.html
EPA Grants: Assessment Grant and Section 128(a)
Tribal Response Grant
TETLIN VILLAGE COUNCIL
Location: Eastern Alaska
Land Area: 743,000 acres
Population: Approximately 140
Web site: N/A
EPA Grants: Section 128(a) Tribal Response Grant
YAKUTATTLINGIT TRIBE
Location: Southern Alaska
Population: Approximately 450
Web site: www.ytttribe.org
EPA Grants: Section 128(a) Tribal Response Grant
YUKON RIVER INTER-TRIBAL WATERSHED COUNCIL
Location: Central Alaska and Northwestern Canada
Land Area: 1.1 million acres
Population: Consists of 66 First Nations and Tribes
Web site: www.vritwc.ora/DeDartments/
SustainableLands/tabid/61 /Default.asox
EPA Grants: Section 128(a) Tribal Response Grant
Susan Morales
EPA Region 10 Brownfields Coordinator
(206) 553-7299
mora les.susa n@eoa .aov
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THE ORGANIZED VILLAGE OF KASAAN
Partnering to Inventory, Assess and Clean Up Former Mining Sites
V
Location: Southeast Alaska - Prince of Wales
Population: 50
Web site: www.kasaan.org
EPA Grants: Section 128(a) Tribal Response
Grant
Located on the third largest island in North
America, Prince of Wales (POW) Island,
the Organized Village of Kasaan is using
Brownfields Section 128(a) Tribal Response
Program funding to inventory sites within
its traditional territory. This land is of mixed
ownership, including the U.S. Forest Service,
Alaska Mental Health Trust Authority, Sealaska
Corporation, Kavilco Incorporated and several different private land owners. For years, hard rock mineral
mining was an important activity on the island. Though still present, mining on the island has slowed
considerably. Past mining activity left the natural lands the Haida people use for subsistence littered with
contaminated mining sites that pollute the natural ecosystem. To date, the Tribe used its Section 128(a)
Tribal Response Program funding to inventory 33 sites, and is leveraging partnerships to clean up and
restore former mine sites to their natural environment and allow the Tribe to maintain its way of life.
The Salt Chuck Mine site, a former palladium
mine, was inventoried by the Tribe as part of
the Tribal Response funding and identified for
further evaluation. In 2000, the Tribe approached
the U.S. Forest Service about the site, and
findings from a joint site visit determined that
there was a need for cleanup. Neli Nelson, Tribal
Brownfields Coordinator, explained "When the
Tribal Administrator visited the site with the U.S.
Forest Service to evaluate the site for recreational
purposes, old batteries were lying around the
site." As the need for cleanup became clear, the
Tribe entered the site in its brownfields public
record in 2008.
Visual surveys revealed the presence of
mine tailings in the water; this was causing
contamination to nearby clam populations. In 2009,
the U.S. Forest Service received $1.4 million
in federal stimulus funding to begin cleanup
activity on the upland areas of the Salt Chuck
mine site. The cleanup will include removing
contaminated soil and dilapidated structures
on the U.S. Forest Service-owned portion of
the site.
Dilapidated structures at the Salt Chuck Mine site
as seen from across Ellen Creek.
The Organized Village of Kasaan
partnered with the U.S. Forest
Service and is using Section 128(a)
Tribal Response Program funding
to assess and clean up former
mining sites on its land.
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The Tribe is building support and capacity within the village by educating Tribal members about the
Brownfields Program. In March 2009, the Tribe held its first brownfields meeting where it was decided
that the Kasaan Bay Watershed Council will serve as the advisory board to the Kasaan Brownfields
Program. In September 2009, the Tribe held a follow-up meeting where additional questions regarding
the program were answered. Additionally, in May 2009, the Tribe helped sponsor a mining symposium
where the Tribe, federal agencies, conservation groups, mining companies and residents of POW met to
discuss past and present mining issues on the island. The mining symposium allowed for discussion of
several different mining topics that affect all residents of POW.
For more information on the Organized Village of Kasaan's Brownfields Program, please contact Neli
Nelson at neli@,kasaan.org or (907)209-5389.
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MAKAH INDIAN NATION
V
Working with State and Federal Partners to Heighten Oil Spill Response Capability
in Tribal Waters
Located in the northwestern most point
of the continental United States, the
Makah Tribe is using Section 128(a)
Tribal Response Program funding to
help craft policies and provide response
capacity for oil spills in Tribal treaty
waters. On the Strait of Juan de Fuca, a
95-mile stretch of water linking Puget
Sound to the Pacific Ocean, the Makah Tribal waters accommodate busy commercial shipping traffic,
threatening the environmental and ecological health of Makah's rich sea and land culture.
Location: Northwest Olympic Peninsula, Washington
Land Area: Approximately 47 square miles
Population: Approximately 1,400
Web site: www.makah.com
EPA Grants: Section 128(a) Tribal Response Grant
The need for improved oil spill response capability
was highlighted on July 22, 1991, when TENYO
MARU, a fish processing vessel, and a freighter
collided 20 miles offshore of Tribal lands. TENYO
MARU sank and spilled fuel and diesel oil that
washed ashore on the Olympic Peninsula, affecting
Makah Tribal land and marine resources. Following
this disaster, the Tribe became more interested in
both federal and state oil spill response policies and
wanted to become part of the rulemaking process
for policies as well as develop Tribal spill response
capacity.
INDIAN
DIAHT, WAATCH, OSETT, TSOO-YESS, BAADAfl
A large part of these efforts involves engaging federal and state organizations to gain a better
understanding of and improve the policies and safety regulations in place. As a result of these
engagement efforts, the Tribe successfully partnered with the U.S. Coast Guard (USCG) 13th District,
the U.S. Navy, EPA, Washington State Department of Ecology, Marine Spill Response Corporation, and
the National Response Corporation to become an active voice in the policy decisions regarding spill
response and incident management. The Northwest Area Contingency Plan outlines the need for Makah
Tribal Council consultation during an oil spill response affecting treaty-protected waters, land or other
resources. Additionally, Makah is the first Tribe to be appointed members of the Regional Response
Team—the entity co-chaired by EPA Region 10 and USCG 13th District—which ensures coordinated,
efficient and effective support of the federal, state, tribal, local and international responses to significant
oil and hazardous substance incidents within the Pacific Northwest Region.
Since 1991, the Tribe helped shape response policy when the Washington State Legislature called
for the creation of an Emergency Response System for the entrance to the Strait of Juan de Fuca. In
1999, the Tribe worked with the U.S. Navy, the TENYO MARU Natural Resource Trustee Committee
and Congressman Dicks to station a rescue tug in Neah Bay—the largest community in the Makah
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Reservation. For the past 10 years, the Washington State Legislature has funded the rescue tug that has
responded to 42 shipping incidents in the area, assisting disabled vessels in an effort to avoid spills. In
March 2009, Governor Gregorie signed a bill that requires shippers, tankers and large vessels to pay for a
year-round rescue tug instead of the taxpayers.
The Marine Spill Response Corporation (MSRC) is an independent, non-profit Oil Spill Response
Organization (OSRO) dedicated to national response created by the Marine Preservation Association
(MPA), a consortium of oil companies. The MSRC has stationed response vessels and equipment in
Neah Bay, and maintains two vessels, ARCTIC TERN (73' skimming vessel) and LOON (38' workboat)
as a result of Washington State designating Neah Bay as the primary staging area for oil response in the
Outer Strait of Juan de Fuca and Washington Outer Coastal waters. MSRC employs three full-time Tribal
members and maintains a cache of boom and other response gear in Neah Bay.
The Tribe is striving to build additional response capacity within its fishing fleet and throughout the
community. In 2007, the USCG 13th District, MSRC, ExxonMobil and other members of the response
community began conducting a coordinated annual HAZWOPER training to boost response preparedness
on the Outer Washington Coast. Support and coordination provided by Makah Tribe has made this
training program very successful in the Neah Bay community.
The Tribe also used its Section 128(a) Tribal Response Program funding to develop a contaminated site
inventory to identify contaminated properties for cleanup. Because of the Tribe's cultural connection to
the sea and land, the Tribe is making efforts to clean up contamination and preserve the natural resources
from which Tribal members have subsisted for centuries.
For more information on the Makah Tribe's Tribal Response Program, please contact Chad Bowechop at
bowechop.chad@centurytel.net or (360) 645-2130.
"We wont our community to be ready to respond
to spills. If we have Tribal members trained to
step into response roles in the command center,
on the water, and on the beach, we can more
effectively fulfill our traditional role as stewards of
the environment."
- Chad Bowechop, Manager for the Tribes Office of Marine Affairs
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Building for the Future
s described in this report, tribes
_ use many different approaches to
protect and restore natural resources and
community health. A number of tribes
developed ordinances or passed codes to
increase their authority and better define
their tribal environmental programs. Many
tribes developed outreach programs to
educate the community about brownfields
issues. This led to increased awareness
that engages the community, enriches its
health, and preserves its cultural history.
Additionally, other tribes use multiple
grants and funding sources to build on their
tribal brownfields and response programs.
Looking out into Kendrick Bay from an abandoned former mine site
on Prince of Wales Island.
As tribes develop their programs to
meet the environmental needs of their
communities, several challenges remain. For example, tribes may:
• Lack dedicated funding for tribal environmental program capacity building, making it difficult to
develop expertise and technical skills.
• Be challenged by the environmental damage from illegal activity (random dumping or meth labs) by
non-tribal persons or entities.
• Face jurisdictional issues that can make managing and resolving environmental issues difficult.
• Experience a lack of development opportunity because of complex property ownership issues in Indian
country.
The approaches highlighted in this report demonstrate how tribal response programs continue to evolve
and address these challenges. Tribes are using Section 128(a) Tribal Response Program funds to build
their programs and develop expertise and technical skills. Tribes are dealing directly with the effect
of meth labs in Indian country and reaching out to their state environmental counterparts to work
collaboratively on environmental issues.
Tribes indicate that they will focus resources on the following activities in the coming years:
• Leveraging additional funding and resources to meet gaps in funding and technical assistance - Many
tribes are considering applying for additional EPA Brownfields grants and leveraging other resources
to build on their existing programs.
Developing the capacity to conduct Phase I and oversee Phase II assessments - More tribes are
attending training with the long-term plans of enabling staff to become "Qualified Environmental
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Professionals" to conduct Phase I assessments and to gain the expertise to better oversee consultants as
they conduct Phase II site assessments. The goal is to streamline the assessment process and reduce the
costs associated with characterizing a property.
Increasing community education and ensuring cultural sensitivity in outreach efforts - Tribes will
continue to work closely with their tribal and surrounding communities to increase awareness of
brownfields issues, environmental stewardship and cultural history.
Increasing meth lab assessment and cleanup ordinance development and training - With the growing
number of illegal meth lab production sites and meth use sites across the country, tribes are creating
ordinances to clean up meth lab sites and attending trainings to determine how to identify illegal
manufacturing processes, assess former meth lab sites and remediate these properties.
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What works for us is who we are.
It is empowering.
We know our blood, we know our heritage.
Carol J. Jorgensen, Tlingit
Carol J. Jorgensen (Shukde Halt)
1945-2009
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United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
EPA-560-F-09-521
November 2009
www.eoa.aov/brownfields
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