State of Alaska Threatens Suit to Force Feds to Clean Up Contamination Left on ANCSA Lands

• For immediate release — December 17, 2021
• Contact: Laura Achee, 907-465-5009

Anchorage, AK — In conjunction with the fiftieth anniversary of the Alaska Native Claims Settlement Act (ANCSA), the Alaska Department of Environmental Conservation (DEC) issued 548 notices of intent to sue the U.S. Department of Interior (DOI) for failing to clean up contamination on lands transferred to Alaska Native corporations.

"50 years after the passage of ANCSA, the contamination that the federal government left behind still threatens the health of Alaska Natives and limits the use of lands that were meant to be a resource for them in exchange for their aboriginal rights," said Alaska Governor Mike Dunleavy. "Alaska Native people did not expect that the federal government would transfer contaminated lands in fulfillment of its obligations under ANCSA, but that is what happened."

A variety of contaminants pollute these properties, including petroleum, heavy metals, polychlorinated biphenyls (PCBs), and solvents – all of which can pose serious health risks.

"We need the federal government to finally take action on prioritizing the cleanup of these sites that continue to contaminate our drinking water and our subsistence foods," said Hallie Bissett, Executive Director, Alaska Native Village Corporation Association. "We are grateful to Governor Dunleavy for his support on this issue, and to DEC for moving forward with legal action on these sites."

The neglected contamination poses a continuing risk to human health and the environment. Governor Dunleavy, Attorney General Treg Taylor, and DEC Commissioner Jason Brune sent letters to President Biden and DOI on May 27 of this year demanding action. To date, they have been met with silence.

"Interior Secretary Deb Haaland has pledged to address the concerns of those who have suffered from pollution and environmental degradation, especially in America’s minority populations," said Commissioner Brune. "There is no greater environmental justice issue in Alaska than this and I hope today’s notices and the Secretary’s leadership will finally inspire action from DOI."

Despite repeated direction from Congress since 1990 and persistent requests from the State of Alaska, the Department of the Interior and Bureau of Land Management have not yet completed a site inventory, identified the types of contamination, measured how far the pollution may have spread, or completed cleanup of these ANCSA properties.

"We appreciate the State of Alaska taking the next step to help rectify the contamination on our lands," said Kim Reitmeier, President, ANCSA Regional Association. "Despite the federal government’s own reports on this contamination and our repeated requests for something to be done, it has been 50 years of inaction."

The sites vary by type, location, and the threats they present to public health and the environment. One of the more remote sites is upstream from Deering on the Immachuk River. Petroleum, benzene, and mercury are known to be at the site, and threaten the nearby river, which Deering uses for drinking water and as a subsistence fishing resource. An additional example is an abandoned school on a site formerly owned by the federal government that sits in the middle of the community of Larson Bay. Testing shows the old school site has petroleum contamination and the unused building is known to contain asbestos and lead-based paint.

"A Bureau of Land Management investigation confirmed that the contamination was present on the sites at the time they were conveyed," said Attorney General Taylor. "Federal and State law are both clear that federal agencies are responsible for the cleanup of these sites because they owned the property when the contamination occurred."

DOI has an opportunity to propose effective remedies for the contaminated sites and start taking action that could eliminate the need for some or all of the lawsuits.