Department of Defense Appropriation Act of 2003

For developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities. For the mitigation of environmental impacts, including training and technical as

In recognition of the need to address tribal concerns in the Department of Defense (DoD) environmental programs, Congress has, since 1993, inserted a provision in the DoD Appropriations Act requiring the DoD to devote funds annually to mitigate environmental impacts to Indian lands and Alaskan Native Claims Settlement Act (ANCSA)-conveyed properties. Most environmental programs use site evaluation and assessment processes that are consistent with national environmental regulatory requirements, but do not consider the potential effects past military operations may have on traditional cultures, such as risks to subsistence activities. Some remnants of DoD activities, such as abandoned buildings and debris, typically rank lower or are not eligible for assistance under current cleanup priority systems. In addition, because many Indian lands and ANCSA-conveyed properties are located in remote areas with low population densities, impacts on these lands are often considered to be lower priority sites. The DoD created the Native American Lands Environmental Mitigation Program (NALEMP) to address environmental impacts on Indian lands and Alaska Native Claims Settlement Act (ANCSA)-conveyed properties from former DoD activities and facilities.

The 50 States, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Marinas, Palau Island, the Commonwealth of Puerto Rico, the Virgin Islands, and Federally recognized Indian tribes.

The 50 States, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Marinas, Palau Island, the Commonwealth of Puerto Rico, the Virgin Islands, and Federally recognized Indian tribes.

Funds, as appropriated by Congress, may be used by the State and Tribes for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities.

Exemptions: -Impacts already addressed under another DoD environmental program; -Impacts on active installations or closing bases; Civil Works projects; -Lands conveyed under ANCSA and reconveyed to a non-native entity or enterprise; -Lands acquired by an Alaska Native Corporation outside of ANCSA.

Funds are released from the Office of the Chief of Engineers on an annual basis after the start of the fiscal year. The length of the agreement is defined in the Cooperative Agreement, but is subject to some modification, depending on the availability of funds to each of the participating Federally recognized Tribe.

Pre-application information will be provided with each funding opportunity announcement.

The criteria will be included in the funding announcement. DoD researches historic records, documents, and literature, and conducts interviews to evaluate all information about the reported impact. An onsite investigation occurs if additional information is needed. The reports are reviewed by all parties for accuracy and are entered into the NAMSEI system. NAMSEI helps track mitigation efforts and the exchange of information between the DoD and tribes. All eligible sites are screened annually for available funding. When congressional funding becomes available, DoD uses information in NAMSEI to decide which sites to prioritize for funding. ODASD(EM & R) will notify the Tribe and HQ USACE of preproposal approval, provide the CA development & award schedule, and invite them to enter into a NALEMP CA. The notification will be specific to the Tribes with specific approved projects.

Under NALEMP, USACE enters into Cooperative Agreements with tribal governments to address problems attributable to past DoD activities. The appropriate Division Engineer reviews and approves federally recognized Tribe requests. The Office of the Chief of Engineers allocates funds to the appropriate Corps field office.