II 

118TH CONGRESS 

2D SESSION S. 4180 

To amend the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 to allow for brownfield revitalization funding eligibility for Alaska Native Tribes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2024 

Mr. SULLIVAN (for himself and Mr. KELLY) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to allow for 

brownfield revitalization funding eligibility for Alaska 

Native Tribes, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Contaminated Lands 

5 Reclamation Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4180 IS

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) ALASKA NATIVE CORPORATION.—The term 

5 ‘‘Alaska Native Corporation’’ has the meaning given 

6 the term ‘‘Native Corporation’’ in section 3 of the 

7 Alaska Native Claims Settlement Act (43 U.S.C. 

8 1602). 

9 (3) ANCSA LAND.—The term ‘‘ANCSA land’’ 

10 means land that— 

11 (A) is or was contaminated land at the 

12 time of conveyance pursuant to the Alaska Na13 tive Claims Settlement Act (43 U.S.C. 1601 et 

14 seq.); and 

15 (B) was conveyed pursuant to the Alaska 

16 Native Claims Settlement Act (43 U.S.C. 1601 

17 et seq.) to an Alaska Native Corporation or In18 dian Tribe, including— 

19 (i) land reconveyed by an Alaska Na20 tive Corporation— 

21 (I) to a settlement trust pursuant 

22 to section 39 of that Act (43 U.S.C. 

23 1629e); or 

24 (II) pursuant to other applicable 

25 law; 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4180 IS

1 (ii) land conveyed to an Alaska Native 

2 Corporation pursuant to an exchange au3 thorized by— 

4 (I) section 22(f) of that Act (43 

5 U.S.C. 1621(f)); 

6 (II) section 3192(h) of the Alas7 ka National Interest Lands Conserva8 tion Act (16 U.S.C. 3192(h)); or 

9 (III) other applicable law; or 

10 (iii) land conveyed by an Alaska Na11 tive Corporation to a successor in interest 

12 to which the lands were conveyed under 

13 section 14(c) of the Alaska Native Claims 

14 Settlement Act (43 U.S.C. 1613(c)). 

15 (4) COMPENSATORY MITIGATION.— 

16 (A) IN GENERAL.—The term ‘‘compen17 satory mitigation’’, for the purposes of remedi18 ating eligible land, means— 

19 (i) restoration, including reestablish20 ment or rehabilitation; 

21 (ii) establishment, including creation; 

22 (iii) enhancement; and 

23 (iv) in certain circumstances, as deter24 mined by the Secretary, the preservation of 

25 eligible land. 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 4180 IS

1 (B) INCLUSIONS.—The term ‘‘compen2 satory mitigation’’ includes— 

3 (i) on-site permittee-responsible miti4 gation; 

5 (ii) off-site permittee-responsible miti6 gation; and 

7 (iii) in-leu fee mitigation. 

8 (5) CONTAMINATED LAND.—The term ‘‘con9 taminated land’’ means land, including ANCSA land 

10 and Indian land, contaminated by— 

11 (A) petroleum; 

12 (B) a petroleum-based product; 

13 (C) a hazardous substance (as is defined in 

14 section 101 of the Comprehensive Environ15 mental Response, Compensation, and Liability 

16 Act of 1980 (42 U.S.C. 9601)); or 

17 (D) any other pollutant or contaminant (as 

18 is defined in section 101 of the Comprehensive 

19 Environmental Response, Compensation, and 

20 Liability Act of 1980 (42 U.S.C. 9601)). 

21 (6) CREDIT.— 

22 (A) IN GENERAL.—The term ‘‘credit’’ 

23 means a unit of measure (such as a functional 

24 or areal measure or other suitable metric) that 

25 represents the accrual or attainment of the 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 4180 IS

1 functions associated with the restoration, estab2 lishment, enhancement, or preservation of re3 sources at a compensatory mitigation site, with 

4 no change in the size of the area of the compen5 satory mitigation site. 

6 (B) GENERATING MITIGATION CREDIT.— 

7 Remediation of contaminated sites is an appro8 priate means of generating mitigation credit 

9 when the removal of hazardous substances, pol10 lutants, or contaminants restores or enhances 

11 aquatic resource functions on ANCSA land or 

12 Indian land. 

13 (7) INDIAN.—The term ‘‘Indian’’ has the mean14 ing given the term in section 4 of the Indian Self 

15 Determination and Education Assistance Act (25 

16 U.S.C. 5304). 

17 (8) INDIAN LAND.—The term ‘‘Indian land’’ 

18 means land that— 

19 (A) is held in trust by the United States 

20 for an Indian Tribe; or 

21 (B) is owned by an Indian or Indian Tribe 

22 and is subject to restrictions against alienation. 

23 (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

24 has the meaning given the term in section 4 of the 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 4180 IS

1 Indian Self Determination and Education Assistance 

2 Act (25 U.S.C. 5304). 

3 (10) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of the Army, acting through 

5 the Chief of Engineers. 

6 SEC. 3. DEPARTMENT OF THE INTERIOR RESPONSIBILITIES 

7 FOR ALASKA NATIVE CLAIMS SETTLEMENT 

8 ACT CONTAMINATED LANDS. 

9 (a) CONGRESSIONAL FINDINGS.—Congress finds 

10 that— 

11 (1) for more than 50 years after the Alaska 

12 Native Claims Settlement Act (43 U.S.C. 1601 et 

13 seq.) was enacted, Alaska Native Peoples and their 

14 communities continue to face obstacles in the pur15 suit of self-determination, resulting in ongoing eco16 nomic, social, and cultural instability due to the con17 tamination of lands conveyed to them by the Federal 

18 Government pursuant to that Act; 

19 (2) in 1971, the Secretary of the Interior failed 

20 to identify and remediate 44,000,000 acres of land 

21 conveyed to Alaska Natives pursuant to the Alaska 

22 Native Claims Settlement Act (43 U.S.C. 1601 et 

23 seq.); 

24 (3) in 1990, Congress directed the Secretary of 

25 the Interior to submit a report identifying lands and 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 4180 IS

1 properties transferred to Alaska Native Corporations 

2 pursuant to the Alaska Native Claims Settlement 

3 Act (43 U.S.C. 1601 et seq.) that at the time of 

4 transfer were represented or disclosed by the Fed5 eral Government as being free from contaminants, 

6 and which subsequently were discovered to be con7 taminated; 

8 (4) the Secretary of the Interior never sub9 mitted the report described under paragraph (3); 

10 (5) in 1995, Congress amended the Alaska Na11 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 

12 by adding section 40 to that Act (43 U.S.C. 1629f), 

13 which directed the Secretary of the Interior to sub14 mit a report addressing issues resulting from the 

15 presence of contaminants on lands conveyed or 

16 prioritized for conveyance to Alaska Native Corpora17 tions under that Act; 

18 (6) in 1998, the Secretary of the Interior re19 sponded to the directive from Congress described in 

20 paragraph (5) by submitting to Congress a report 

21 entitled ‘‘Hazardous Substance Contamination of 

22 Alaska Native Claims Settlement Act Lands in Alas23 ka’’, the findings of which Congress recognizes, in24 cluding that the United States conveyed numerous 

25 contaminated lands to Alaska Native Corporations 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 4180 IS

1 pursuant to the Alaska Native Claims Settlement 

2 Act (43 U.S.C. 1601 et seq.) for the settlement of 

3 aboriginal land claims; 

4 (7) in 2014, in the joint explanatory statement 

5 for the Department of the Interior, Environment, 

6 and Related Agencies accompanying the Consoli7 dated and Further Continuing Appropriations Act, 

8 2015 (Public Law 113–235; 128 Stat. 2130), Con9 gress directed the Secretary of the Interior— 

10 (A) to provide an update on the inventory 

11 of contaminated sites conveyed pursuant to the 

12 Alaska Native Claims Settlement Act (43 

13 U.S.C. 1601 et seq.), including sites identified 

14 subsequent to the 1998 report described in 

15 paragraph (6); 

16 (B) to provide an updated status on the 6 

17 duties listed in the 1998 report described in 

18 paragraph (6); and 

19 (C) to provide a detailed plan on how the 

20 Department of the Interior intended to com21 plete a cleanup of each contaminated site con22 veyed pursuant to the Alaska Native Claims 

23 Settlement Act (43 U.S.C. 1601 et seq.); 

24 (8) in 2016, the Secretary of the Interior up25 dated the report described in paragraph (6), the upVerDate Sep 11 2014 04:04 May 03, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4180.IS S4180

ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 4180 IS

1 dated findings of which Congress recognizes, includ2 ing that 920 contaminated land sites were conveyed 

3 to Alaska Native Corporations pursuant to the Alas4 ka Native Claims Settlement Act (43 U.S.C. 1601 et 

5 seq.); 

6 (9) the full number of currently contaminated 

7 lands that were contaminated at the time of convey8 ance pursuant to the Alaska Native Claims Settle9 ment Act (43 U.S.C. 1601 et seq.) is unknown; 

10 (10) it is not, and never was, the intent of Con11 gress to convey lands that would still be contami12 nated in 2024 to Alaska Native Corporations for the 

13 settlement of aboriginal land claims in 1971; 

14 (11) there is an immediate need to address the 

15 environmental and health risks to Alaska Native 

16 Peoples due to the United States conveying contami17 nated lands and lands at risk for contamination to 

18 Alaska Native Corporations; and 

19 (12) addressing the environmental and health 

20 risks to Alaska Native Peoples due to the convey21 ance of contaminated lands by the United States to 

22 Alaska Native Peoples should be done rapidly, with 

23 certainty, without litigation, and in conformity with 

24 the real economic, social, and cultural needs of Alas25 ka Native communities. 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 4180 IS

1 (b) DUTIES OF THE SECRETARY OF THE INTE2 RIOR.—Not later than 180 days after the date of enact3 ment of this Act, the Secretary of the Interior shall— 

4 (1) perform the duties established in the 2016 

5 update to the Department of the Interior 1998 re6 port entitled ‘‘Hazardous Substance Contamination 

7 of Alaska Native Claims Settlement Act Lands in 

8 Alaska’’; and 

9 (2) develop a cleanup plan for ANCSA land. 

10 (c) REPORT TO CONGRESS.—Not later than 180 days 

11 after the date of enactment of this Act, and each year 

12 thereafter for a period of 10 years, the Secretary of the 

13 Interior shall submit to Congress a report that describes 

14 the status of the performance of the duties required under 

15 subsection (b). 

16 SEC. 4. BROWNFIELD REVITALIZATION FUNDING ELIGI17 BILITY. 

18 (a) ALASKA NATIVE ELIGIBILITY.—Section 

19 104(k)(1) of the Comprehensive Environmental Response, 

20 Compensation, and Liability Act of 1980 (42 U.S.C. 

21 9604(k)(1)) is amended— 

22 (1) in subparagraph (G), by striking ‘‘other 

23 than in Alaska’’; and 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 4180 IS

1 (2) in subparagraph (H), by striking ‘‘and fol2 lowing) and the Metlakatla Indian community’’ and 

3 inserting ‘‘et seq.)’’. 

4 (b) GRANTS AND LOANS FOR BROWNFIELD REMEDI5 ATION.—Section 104(k)(3)(A)(ii) of the Comprehensive 

6 Environmental Response, Compensation, and Liability Act 

7 of 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by 

8 striking ‘‘$500,000 for each site’’ and all that follows 

9 through the period at the end and inserting ‘‘$1,000,000 

10 for each site to be remediated.’’. 

11 SEC. 5. ALASKA NATIVE CLAIMS SETTLEMENT ACT CON12 VEYED LAND GRANT PROGRAM. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ELIGIBLE CONTAMINANT.—The term ‘‘eligi15 ble contaminant’’ means— 

16 (A) solid waste (as defined section 1004 of 

17 the Solid Waste Disposal Act (42 U.S.C. 

18 6903)); 

19 (B) a hazardous substance (as defined in 

20 section 101 of the Comprehensive Environ21 mental Response, Compensation, and Liability 

22 Act of 1980 (42 U.S.C. 9601)); 

23 (C) a pollutant or contaminant (as defined 

24 in section 101 of the Comprehensive EnvironVerDate Sep 11 2014 04:04 May 03, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4180.IS S4180

ssavage on LAPJG3WLY3PROD with BILLS
12 

•S 4180 IS

1 mental Response, Compensation, and Liability 

2 Act of 1980 (42 U.S.C. 9601)); and 

3 (D) petroleum, including— 

4 (i) crude oil or any fraction thereof; 

5 and 

6 (ii) any other petroleum product ex7 cluded from the definition of ‘‘hazardous 

8 substance’’ in section 101 of the Com9 prehensive Environmental Response, Com10 pensation, and Liability Act of 1980 (42 

11 U.S.C. 9601). 

12 (2) ELIGIBLE RECIPIENT.—The term ‘‘eligible 

13 recipient’’ means— 

14 (A) a Regional Corporation (as defined in 

15 section 3 of the Alaska Native Claims Settle16 ment Act (43 U.S.C. 1602)); 

17 (B) a Village Corporation (as defined in 

18 section 3 of the Alaska Native Claims Settle19 ment Act (43 U.S.C. 1602)); 

20 (C) an Indian Tribe in the State of Alaska; 

21 (D) an Alaska Native nonprofit organiza22 tion; 

23 (E) an Alaska Native nonprofit associa24 tion; and 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•S 4180 IS

1 (F) an intertribal consortium (as defined 

2 in section 35.502 of title 40, Code of Federal 

3 Regulations (or successor regulations)), that 

4 meets the requirements described in subsections 

5 (a) and (c) of section 35.504 of that title. 

6 (b) GRANT PROGRAM.— 

7 (1) IN GENERAL.—The Administrator, acting 

8 through the Regional Administrator for Region 10 

9 (referred to in this subsection as the ‘‘Adminis10 trator’’), may provide grants to eligible recipients to 

11 address contamination by eligible contaminants on 

12 ANCSA land that— 

13 (A) subject to paragraph (4), is or was 

14 contaminated by an eligible contaminant at the 

15 time of conveyance pursuant to the Alaska Na16 tive Claims Settlement Act (43 U.S.C. 1601 et 

17 seq.); and 

18 (B) is on an inventory of that land main19 tained by the Environmental Protection Agency. 

20 (2) SUPPLEMENT.—An eligible recipient may 

21 use a grant awarded under this subsection to supple22 ment other funds provided by the Environmental 

23 Protection Agency or any other Federal agency for 

24 identical or similar purposes to the purposes deVerDate Sep 11 2014 04:04 May 03, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4180.IS S4180

ssavage on LAPJG3WLY3PROD with BILLS
14 

•S 4180 IS

1 scribed in paragraph (1), in accordance with such 

2 conditions as the Administrator may establish. 

3 (3) USE OF FUNDS.—Subject to such conditions 

4 as the Administrator may establish, an eligible re5 cipient may use a grant awarded under this sub6 section to address contamination by eligible contami7 nants on ANCSA land through planning, assess8 ment, remediation, and activities necessary to pre9 pare the land for reuse. 

10 (4) WAIVER.— 

11 (A) IN GENERAL.—The Administrator may 

12 waive the requirement described in paragraph 

13 (1)(A) if the owner of the land at the time a 

14 grant is awarded under this subsection did not 

15 cause or contribute to the contamination on the 

16 land. 

17 (B) EFFECT OF WAIVER.—Land with re18 spect to which a waiver is provided under sub19 paragraph (A) shall be eligible for a grant 

20 under this subsection if the land was contami21 nated by an eligible contaminant after the time 

22 of conveyance of the land pursuant to the Alas23 ka Native Claims Settlement Act (43 U.S.C. 

24 1601 et seq.). 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•S 4180 IS

1 (5) PRIORITIES.—In awarding grants under 

2 this subsection, the Administrator shall give priority 

3 to ANCSA land with respect to which— 

4 (A) the contamination by eligible contami5 nants presents an imminent and substantial 

6 risk to human health or the environment, re7 gardless of the specific circumstances that cre8 ated the risk; or 

9 (B) the Federal Government caused or 

10 contributed to the contamination by eligible 

11 contaminants prior to the conveyance of the 

12 land pursuant to the Alaska Native Claims Set13 tlement Act (43 U.S.C. 1601 et seq.). 

14 (6) INELIGIBILITY OF CERTAIN LAND.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the Administrator shall not 

17 award a grant under this subsection for land 

18 with respect to which the Administrator deter19 mines a financially viable non-Federal party (or 

20 successors to such a party) or an affiliate of 

21 such a party is primarily responsible for the 

22 contamination by eligible contaminants. 

23 (B) EXCEPTION.—Subparagraph (A) shall 

24 not apply to land described in paragraph 

25 (5)(A). 


ssavage on LAPJG3WLY3PROD with BILLS
16 

•S 4180 IS

1 (7) FUNDING.— 

2 (A) AUTHORIZATION OF APPROPRIA3 TIONS.—There is authorized to be appropriated 

4 to carry out this subsection $35,000,000 for 

5 each of fiscal years 2025 through 2030, to re6 main available until expended. 

7 (B) RESERVATION.—The Administrator 

8 may reserve up to 10 percent of the amount ap9 propriated to carry out this subsection for sala10 ries, expenses, and administration. 

11 (C) PROHIBITION.—No funds appropriated 

12 to carry out section 104(k) of the Comprehen13 sive Environmental Response, Compensation, 

14 and Liability Act of 1980 (42 U.S.C. 9604(k)) 

15 may be used to carry out this subsection. 

16 (c) BROWNFIELDS PROGRAM FUNDING.— 

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law, an eligible recipient may use fund19 ing provided under paragraphs (2)(A)(i), (3), and 

20 (4) of section 104(k) of the Comprehensive Environ21 mental Response, Compensation, and Liability Act 

22 of 1980 (42 U.S.C. 9604(k)) to address contamina23 tion on ANCSA land that— 

24 (A) subject to paragraph (2), is or was 

25 contaminated by an eligible contaminant at the 


ssavage on LAPJG3WLY3PROD with BILLS
17 

•S 4180 IS

1 time of conveyance pursuant to the Alaska Na2 tive Claims Settlement Act (43 U.S.C. 1601 et 

3 seq.); and 

4 (B) is on an inventory of that land main5 tained by the Environmental Protection Agency. 

6 (2) WAIVER.— 

7 (A) IN GENERAL.—The Administrator may 

8 waive the requirement described in paragraph 

9 (1)(A) if the owner of the land at the time 

10 funding described in paragraph (1) is provided 

11 did not cause or contribute to the contamina12 tion on the land. 

13 (B) EFFECT OF WAIVER.—Land with re14 spect to which a waiver is provided under sub15 paragraph (A) shall be eligible to use funding 

16 for the purpose described in paragraph (1) if 

17 the land was contaminated by an eligible con18 taminant after the time of conveyance of the 

19 land pursuant to the Alaska Native Claims Set20 tlement Act (43 U.S.C. 1601 et seq.). 

21 (d) GUIDANCE.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 the date of enactment of this Act, the Administrator 

24 shall update guidance relating to eligibility for 

25 brownfields funding under section 104(k) of the 


ssavage on LAPJG3WLY3PROD with BILLS
18 

•S 4180 IS

1 Comprehensive Environmental Response, Compensa2 tion, and Liability Act of 1980 (42 U.S.C. 9604(k)) 

3 for land described in paragraph (2) to provide that 

4 the Federal Government shall not be considered a 

5 viable responsible party. 

6 (2) LAND DESCRIBED.—The land referred to in 

7 paragraph (1) is ANCSA land that— 

8 (A) contains contamination by a contami9 nant described in subsection (a)(1)(D) that the 

10 Federal Government caused or contributed to 

11 prior to conveyance pursuant to the Alaska Na12 tive Claims Settlement Act (43 U.S.C. 1601 et 

13 seq.); and 

14 (B) is on an inventory of that land main15 tained by the Environmental Protection Agency. 

16 (3) CESSATION OF EFFECTIVENESS.—The up17 date to the guidance required under paragraph (1) 

18 shall cease to be effective on the date on which fund19 ing made available for the program under subsection 

20 (b) through fiscal year 2030 is fully obligated. 

21 SEC. 6. AUTHORIZATION OR CONTAMINATED LAND REME22 DIATION IN COMPENSATORY MITIGATION 

23 PROGRAMS. 

24 (a) REMEDIATION OF CONTAMINATED LANDS.—The 

25 Secretary shall allow a person who has been issued a perVerDate Sep 11 2014 04:04 May 03, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4180.IS S4180

ssavage on LAPJG3WLY3PROD with BILLS
19 

•S 4180 IS

1 mit for the discharge of dredged or fill material under sec2 tion 404 of the Federal Water Pollution Control Act (33 

3 U.S.C. 1344) to enter into an agreement with an Indian 

4 Tribe to remediate ANCSA land or Indian land for the 

5 purpose of compensatory mitigation for a permitted activ6 ity. 

7 (b) REGULATIONS.—Not later than 180 days after 

8 the date of enactment of this Act, the Secretary and Ad9 ministrator shall jointly promulgate regulations and issue 

10 guidance, as necessary, to establish performance stand11 ards and criteria for determining credits generated 

12 through the remediation of contamination under this sec13 tion on ANCSA land or Indian land that— 

14 (1) maximize opportunities for mitigation; 

15 (2) provide flexibility for regional variations in 

16 conditions, functions, and values; 

17 (3) apply equivalent standards and criteria to 

18 each type of compensatory mitigation; 

19 (4) include procedures for consulting with eligi20 ble entities; and 

21 (5) provide that decontamination undertaken to 

22 generate credits must be done in compliance with 

23 applicable Federal and State standards and applica24 ble Federal or State cleanup programs authorized 

25 under section 104 of the Comprehensive EnvironVerDate Sep 11 2014 04:04 May 03, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4180.IS S4180

ssavage on LAPJG3WLY3PROD with BILLS
20 

•S 4180 IS

1 mental Response, Compensation, and Liability Act 

2 of 1980 (42 U.S.C. 9604). 

3 SEC. 7. TRIBAL PROJECT IMPLEMENTATION PILOT PRO4 GRAM. 

5 (a) DEFINITION OF ELIGIBLE PROJECT.—In this 

6 section, the term ‘‘eligible project’’ includes siting, design, 

7 engineering, and construction work for— 

8 (1) a project of the Secretary authorized for 

9 construction; 

10 (2) a project carried out under a continuing au11 thority program (as defined in section 

12 7001(c)(1)(D)(iii) of the Water Resources Reform 

13 and Development Act of 2014 (33 U.S.C. 

14 2282d(c)(1)(D)(iii))); 

15 (3) a project or activity eligible to be carried 

16 out under the Tribal partnership program under sec17 tion 203 of the Water Resources Development Act 

18 of 2000 (33 U.S.C. 2269); and 

19 (4) a project carried out under section 219 of 

20 the Water Resources Development Act of 1992 (106 

21 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 136 

22 Stat. 3808). 

23 (b) AUTHORIZATION.—Not later than 120 days after 

24 the date of enactment of this Act, the Secretary shall esVerDate Sep 11 2014 04:04 May 03, 2024 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4180.IS S4180

ssavage on LAPJG3WLY3PROD with BILLS
21 

•S 4180 IS

1 tablish and implement a pilot program under which Indian 

2 Tribes may directly carry out eligible projects. 

3 (c) ADMINISTRATION.— 

4 (1) IN GENERAL.—In carrying out the pilot 

5 program under this section, the Secretary shall— 

6 (A) identify not less than 5 eligible 

7 projects, including, in each of fiscal years 2025 

8 and 2026— 

9 (i) not less than 1 eligible project in 

10 the South Pacific Division of the Corps of 

11 Engineers; and 

12 (ii) not less than 1 eligible project in 

13 the Pacific Ocean Division of the Corps of 

14 Engineers; 

15 (B) notify the Committee on Environment 

16 and Public Works of the Senate and the Com17 mittee on Transportation and Infrastructure of 

18 the House of Representatives on the identifica19 tion of each eligible project under the pilot pro20 gram under this section; 

21 (C) in collaboration with the Indian Tribe, 

22 develop a detailed project management plan for 

23 each identified eligible project that outlines the 

24 scope, budget, design, and construction resource 

25 requirements necessary for the Indian Tribe to 


ssavage on LAPJG3WLY3PROD with BILLS
22 

•S 4180 IS

1 execute the project or a separable element of 

2 the eligible project; 

3 (D) on the request of the Indian Tribe and 

4 in accordance with subsection (e)(3), enter into 

5 a project partnership agreement with the In6 dian Tribe for the Indian Tribe to provide full 

7 project management control for construction of 

8 the eligible project, or a separable element of 

9 the eligible project, in accordance with plans 

10 approved by the Secretary; 

11 (E) following execution of the project part12 nership agreement, transfer to the Indian Tribe 

13 to carry out construction of the eligible project, 

14 or a separable element of the eligible project— 

15 (i) if applicable, the balance of the un16 obligated amounts appropriated for the eli17 gible project, except that the Secretary 

18 shall retain sufficient amounts for the 

19 Corps of Engineers to carry out any re20 sponsibilities of the Corps of Engineers re21 lating to the eligible project and the pilot 

22 program under this section; and 

23 (ii) additional amounts, as determined 

24 by the Secretary, from amounts made 

25 available to carry out this section, except 


ssavage on LAPJG3WLY3PROD with BILLS
23 

•S 4180 IS

1 that the total amount transferred to the 

2 Indian Tribe shall not exceed the updated 

3 estimate of the Federal share of the cost of 

4 construction, including any required de5 sign; and 

6 (F) regularly monitor and audit each eligi7 ble project being constructed by an Indian 

8 Tribe under this section to ensure that the con9 struction activities are carried out in compli10 ance with the plans approved by the Secretary 

11 and that the construction costs are reasonable. 

12 (2) DETAILED PROJECT SCHEDULE.—Not later 

13 than 180 days after entering into an agreement 

14 under paragraph (1)(D), each Indian Tribe, to the 

15 maximum extent practicable, shall submit to the 

16 Secretary a detailed project schedule, based on esti17 mated funding levels, that lists all deadlines for each 

18 milestone in the construction of the eligible project. 

19 (3) TECHNICAL ASSISTANCE.—On the request 

20 of an Indian Tribe, the Secretary may provide tech21 nical assistance to the Indian Tribe relating to— 

22 (A) any study, engineering activity, design, 

23 or construction activity carried out by the In24 dian Tribe under this section; and 


ssavage on LAPJG3WLY3PROD with BILLS
24 

•S 4180 IS

1 (B) expeditiously obtaining any permits 

2 necessary for the eligible project. 

3 (d) COST SHARE.—Nothing in this section affects the 

4 cost-sharing requirement applicable on the day before the 

5 date of enactment of this Act to an eligible project carried 

6 out under this section. 

7 (e) IMPLEMENTATION GUIDANCE.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of enactment of this Act, the Secretary 

10 shall issue guidance for the implementation of the 

11 pilot program under this section that, to the extent 

12 practicable, identifies— 

13 (A) the metrics for measuring the success 

14 of the pilot program; and 

15 (B) the laws and regulations that an In16 dian Tribe must follow in carrying out an eligi17 ble project under the pilot program. 

18 (2) MONITORING.—The Secretary shall monitor 

19 the progress of each Indian Tribe participating in 

20 the pilot program under this section to ensure that, 

21 in siting, designing, engineering, or constructing an 

22 eligible project, the Indian Tribe— 

23 (A) is complying with all applicable laws 

24 and regulations, including any requirements 


ssavage on LAPJG3WLY3PROD with BILLS
25 

•S 4180 IS

1 that would apply if the Secretary was carrying 

2 out the project; and 

3 (B) is meeting the standards of the Corps 

4 of Engineers for design and quality. 

5 (3) NEW PROJECT PARTNERSHIP AGREE6 MENTS.—The Secretary may not enter into a project 

7 partnership agreement under this section until the 

8 date on which the Secretary issues guidance under 

9 paragraph (1). 

10 (f) REPORT.— 

11 (1) IN GENERAL.—Not later than 3 years after 

12 the date of enactment of this Act, the Secretary 

13 shall submit to the Committee on Environment and 

14 Public Works of the Senate and the Committee on 

15 Transportation and Infrastructure of the House of 

16 Representatives and make publicly available a report 

17 detailing the results of the pilot program under this 

18 section, including— 

19 (A) a description of the progress of Indian 

20 Tribes in meeting milestones in detailed project 

21 schedules developed pursuant to subsection 

22 (c)(2); and 

23 (B) any recommendations of the Secretary 

24 concerning whether the pilot program or any 


ssavage on LAPJG3WLY3PROD with BILLS
26 

•S 4180 IS

1 component of the pilot program should be im2 plemented on a national basis. 

3 (2) UPDATE.—Not later than 5 years after the 

4 date of enactment of this Act, the Secretary shall 

5 submit to the Committee on Environment and Pub6 lic Works of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of 

8 Representatives an update to the report under para9 graph (1). 

10 (3) FAILURE TO MEET DEADLINE.—If the Sec11 retary fails to submit a report by the required dead12 line under this subsection, the Secretary shall sub13 mit to the Committee on Environment and Public 

14 Works of the Senate and the Committee on Trans15 portation and Infrastructure of the House of Rep16 resentatives a detailed explanation of why the dead17 line was missed and a projected date for submission 

18 of the report. 

19 (g) ADMINISTRATION.—All laws and regulations that 

20 would apply to the Secretary if the Secretary were car21 rying out the eligible project shall apply to an Indian Tribe 

22 carrying out an eligible project under this section. 

23 (h) TERMINATION OF AUTHORITY.—The authority to 

24 commence an eligible project under this section terminates 


ssavage on LAPJG3WLY3PROD with BILLS
27 

•S 4180 IS

1 on the date that is 5 years after the date of enactment 

2 of this Act. 

3 (i) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to any amounts appropriated for a specific eligible 

5 project, there is authorized to be appropriated to the Sec6 retary to carry out this section, including the costs of ad7 ministration of the Secretary, $15,000,000 for each of fis8 cal years 2025 through 2029. 

9 SEC. 8. REPORT ON REMEDIATION OF CONTAMINATED 

10 ANCSA LAND. 

11 Not later than 1 year after the date of enactment 

12 of this Act, the Administrator, in consultation with the 

13 Secretary, Secretary of the Interior, and other Federal 

14 agencies, as the Secretary determines to be appropriate, 

15 shall submit to Congress a report that describes— 

16 (1) the status of remediating ANCSA land pur17 suant to this Act; and 

18 (2) recommendations on what additional au19 thorities are needed to identify and remediate 

20 ANCSA land. 

21 SEC. 9. RULE OF CONSTRUCTION. 

22 Nothing in this Act or an amendment made by this 

23 Act conflicts with the requirements of any existing proVerDate Sep 11 2014 04:04 May 03, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4180.IS S4180

ssavage on LAPJG3WLY3PROD with BILLS
28 

•S 4180 IS

1 gram established for the purpose of remediating ANCSA 

2 land or Indian land. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS