Claims Arising from Contamination of Transferred Lands

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29 f. Claims Arising from Contamination of Transferred Lands

(a)As used in this section the term “contaminant” means [1] hazardous substance harmful to public health or the environment, including friable asbestos.

(b)Within 18 months of November 2, 1995, and after consultation with the Secretary of Agriculture, State of Alaska, and appropriate Alaska Native Corporations and organizations, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report addressing issues presented by the presence of contaminants on lands conveyed or prioritized for conveyance to such corporations pursuant to this chapter. Such report shall consist of—

(1)existing information concerning the nature and types of contaminants present on such lands prior to conveyance to Alaska Native Corporations;

(2)existing information identifying to the extent practicable the existence and availability of potentially responsible parties for the removal or remediation of the effects of such contaminants;

(3)identification of existing remedies;

(4)recommendations for any additional legislation that the Secretary concludes is necessary to remedy the problem of contaminants on the lands; and

(5)in addition to the identification of contaminants, identification of structures known to have asbestos present and recommendations to inform Native landowners on the containment of asbestos.

Analysis

Summary

Section 29f of the Native American Settlement Act addresses claims arising from the contamination of transferred lands. It defines the term "contaminant" as a hazardous substance harmful to public health or the environment. Within 18 months of November 2, 1995, the Secretary is required to submit a report to the relevant committees of Congress, after consultation with the Secretary of Agriculture, the State of Alaska, and the appropriate Alaska Native Corporations and organizations. The report must address issues related to contaminants on lands conveyed or prioritized for conveyance to Native Corporations. The report should include information on the nature and types of contaminants present prior to conveyance, the identification of potentially responsible parties for removal or remediation, existing remedies, recommendations for additional legislation if necessary, and the identification of structures with asbestos and recommendations for informing Native landowners on containment.

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