The Tribal Brownfields and Response Programs: Respecting Our Land, Revitalizing Our Communities report explores how Tribes are using U.S. Environmental Protection Agency (EPA) brownfields funding to address contaminated land in Indian country and discusses the challenges they face. It provides an historic overview of EPA’s Brownfields Program, as it relates to tribes, and includes examples of tribal successes to both highlight accomplishments and serve as a resource for ideas, information and reference.

For updated versions of EPA’s State and Tribal Brownfields Publications, see EPA’s Detailed Reports about State and Tribal Brownfields Response Programs.

For current newsletters describing the progress that states and Tribes are making to address contaminated land in their communities, see EPA’s Highlights about State & Tribal Brownfields Response Programs.

Here are some additional examples of what Tribes have done with Brownfields, other sources of funding, and technical assistance:

• Form a Tribal Emergency Response Committee (TERC) to develop a Pre-Disaster Mitigation Plan, an asset inventory, and identify critical environmental threats to the Reservation and its people in preparation for a potential environmental release.
• Develop 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.
• Host environmental enforcement workshop for Tribal Response Program staff. Topics included developing tribal codes, civil compliance and enforcement processes, as well as the history of tribal environmental law.
• Provide environmental training by coordinating EPA resources.
• Complete a community background soil survey to 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.
• Increase tribal capacity by building expertise through finding funding, and overseeing cleanup.
• Assess property found to have soil and ground water contamination.
• Complete assessment, abatement, demolition, disposal, and environmental cleanup of abandoned and partially collapsed buildings that pose a threat to public health and the environment with hazards such as asbestos and lead-based paint.
• Inventory of sites for future cleanups.
• Identify, inventory, and clean up properties to address environmental concerns on tribal land.
• Collect environmental information, analyzing risk and ranking properties.
• Develop standard operating procedures (SOP) for illegal dump or burn area cleanups.
• Spur tourism through historical preservation and community enhancement.
• Make Brownfields information available to the public through direct outreach.
• Develop a solid waste ordinance that includes requirements for solid and hazardous waste management.
• Develop a civil compliance and enforcement program to address illegal activities such as littering and illegal dumping.
• Update environmental codes to prevent new Brownfields.
• Partner to inventory, assess and clean up former mining sites.
• Work with state and federal partners to heighten oil spill response capability.
• Establish community gardens, cultural education buildings, community centers, and parks.

The applicable laws, regulations, policies and guidelines will vary by site, depending on the regulatory authorities that have oversight authority for cleanup. Therefore, it is important to research this information at the outset and to work closely with the regulatory authorities throughout the cleanup process. State, Tribal or local regulatory authorities usually oversee the cleanup of Brownfields sites. These agencies should be consulted to determine what, if any, site-specific requirements, reviews, approvals or permits are applicable. Additionally, the information below is specific to brownfields sites and a list of land protection cleanup and prevention laws that may be relevant to Tribal governments is available at EPA’s webpage Tribal Involvement in Land Cleanup Laws and Regulations.

Small Business Liability Relief and Brownfields Revitalization Act Overview

The Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law, P.L. 107-118) amends CERCLA. The  Brownfields Law defines brownfields sites and authorizes funding for assessment and cleanup of brownfields properties and state and Tribal response programs. The Brownfields Law limits the liability of certain contiguous property owners and prospective purchasers of brownfields properties and clarifies all appropriate inquiry (AAI) for innocent landowners to encourage revitalization and reuse of brownfields sites.

Tribal Involvement

Tribes are treated as states under the Brownfields Law, with the exception that Alaska Native Tribes (not including the Metlakatla Indian Community) are prohibited from receiving Section 104 funding. Because implementation authority is given to non-federal entities, Brownfields is not an authorized program, and there is no express TAS requirement for Tribes. The role of Tribes is voluntary; Tribes may develop response programs and/or inventory, assess, and cleanup sites. Learn more about the Small Business Liability Relief and Brownfields Revitalization Act

2018 BUILD Act Overview

The Brownfields Utilization, Investment and Local Development (BUILD) Act was enacted on March 23, 2018 as part of the Consolidated Appropriations Act of 2018. The BUILD Act further amended CERCLA and reauthorized EPA’s Brownfields Program.  Changes affect brownfields grants, ownership and liability provisions, and State & Tribal Response Programs. EPA is developing policy guidance to interpret the BUILD Act.

Tribal Involvement

The BUILD Act clarifies that property transferred from the U.S. government to Alaska Native Corporations and Villages under the Alaska Native Claims Settlement Act is not subject to owner or operator liability, under CERCLA Section 107(a), unless the Corporation causes or contributes to release or threatened release of hazardous substances from the property conveyed to them. Learn more about the BUILD Act

As stated on EPA’s State and Tribal Response Program Grant Funding Guidance Resources webpage, Section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, authorizes a non-competitive $50 million grant program to establish and enhance state and Tribal response programs.  These CERCLA § 128(a) grants are funded with categorical State and Tribal Assistance Grant (STAG) appropriations.  CERCLA § 128(a) cooperative agreements are awarded and administered by the EPA regional offices. Generally, these response programs address the assessment, cleanup, and redevelopment of brownfields and other sites with actual or perceived contamination. Current guidance, frequently asked questions, and sample work plans are available at EPA’s State and Tribal Response Program Grant Funding Guidance Resources webpage.

Tribes may apply for CERCLA Section 128(a) grant funds to develop tribal capacity for addressing Brownfields issues and other sites with actual or perceived contamination. Therefore, Brownfields funding is an important entry point for any tribe to prevent and begin addressing all types of contaminated sites. This program is very useful for tribes to determine regulatory programs and requirements that apply to their site(s) in addition to available resources and technical assistance from various agencies. Environmental issues and responses in Indian country may include developing administrative infrastructure, conducting site assessments, developing inventories of brownfields properties, passing codes and ordinances, controlling illegal dumping, developing emergency response plans, abating and removing leaking underground storage tanks, addressing air pollution, and educating their communities about the value of protecting and restoring tribal natural resources and community health. See EPA’s Detailed Reports about State and Tribal Brownfields Response Programs webpage for more information. Additionally, progress that states and Tribes are making to address contaminated land in their communities can be found on EPA’s Highlights about State and Tribal Brownfields Response Programs webpage.

View EPA’s Superfund and Brownfields Funding Vehicles for Tribes webinar, recorded on March 23, 2020 for more detailed information.

Additional recordings, including EPA Brownfields Grant Program and EPA Brownfields Grant Statistics and Free Brownfields Technical Assistance, are available at ITEP’s Brownfields 128(a) Tribal Response Program channel.

Brownfields and Superfund

Sites on or proposed to the National Priorities List (NPL) are not eligible for brownfields grant funding. Once a site is deleted from the NPL, it may be eligible for brownfields funding.

The US Environmental Protection Agency (EPA) provides funding to organizations that can provide brownfields training and technical assistance to Tribes. EPA’s Technical Assistance to Brownfields Communities (TAB) program empowers Tribes to work with their communities and other stakeholders to prevent, assess, safely clean up, and sustainably reuse brownfields sites. See EPA’s Brownfields Technical Assistance, Training and Research website for current organizations funded under EPA’s TAB program and TLAC’s Brownfields Assistance website for more information.

This information is under development.

Cultural restoration is the goal that many Tribes use to guide their decision-making process and determine future uses of the site. Community values and input are critical to cleaning up a brownfields site.

To learn more about various cleanup methods used at contaminated sites, see EPA’s Citizen Guide Series to Cleanup Technologies on the CLU-IN website. Additionally, CLU-IN has a “Search Archives” tab on their Training & Events Archived Internet Seminars & Podcasts webpage to search more detailed information on specific cleanup methods.

 This information is under development.