NALEMP Overview

NALEMP: Draft Implementation Manual (DoD, 2003)

The U.S. Department of Defense (DoD) created the Native American Lands Environmental Mitigation Program (NALEMP) to address environmental impacts from former DoD activities on Indian lands and Alaska Native Claims Settlement Act-conveyed properties.  A restoration clause in the military land leases states: "the Lessee shall return the lands covered by this lease in as good condition as that existing at the time of original entry..." (Wikstrom, 2001).  The leases also state that a cash settlement could be made in lieu of restoring the land and that improvements are transferred to the lessor when the lease terminates.  Activities such as weapons testing, practice bombing, and field maneuvers may have had effects on the Makah Indian Tribe's (the Tribe or the Makah Tribe) environmental health, safety, economies, and cultural ways of life.  DoD has an ongoing commitment to address these impacts.  Through NALEMP, DoD works with tribes to mitigate environmental impacts with maximum possible tribal participation.

Some environmental impacts may be eligible for actions under other DoD and federal programs.  The Formerly Used Defense Site (FUDS) program was established in 1984 to address environmental damage at properties no longer owned by the DoD.  Many, but not all, of the former military sites on the Makah Indian Reservation are included in the FUDS program.  However, sites that were still active DoD sites in 1984, such as the Navy Life Boat Station (Site 2), Warmhouse Beach Open Dump (Site 4), and the Cantonment Area (Site 11), were not included or addressed under the FUDS program. The FUDS program, which generally follows the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) process and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), applies to removal actions involving hazardous substances.  FUDS also addresses, under certain conditions, building demolition and debris removal projects if the structure or debris presents a clear danger and is hazardous as a result of DoD use (USACE, 1996).  If certain conditions are met, a determination of project eligibility can be made by the USACE to allow for removal or remedial actions at a site.

The NALEMP Process

The steps of the NALEMP process are designed to mirror that of other DoD environmental remediation programs, while accommodating factors unique to Indian lands and to involve tribes as partners in the process (DoD, 2003, 2004):

Site Discovery

Tribes, the Public, and USACE Project Managers identify potential impacts on Indian lands and Alaska Native Claims Settlement Act (ANCSA)-conveyed properties caused by DoD-related activities.  DoD’s Native American Environmental Tracking System (NAETS) captures the reported potential impacts in its database.

Site Assessment

DoD collects and reviews all information available to determine whether any reported impacts require further action.

Project Selection

DoD selects projects for available funding during an annual review cycle.

Partnering

DoD and the tribe consult on the appropriate means of mitigating the impact and document the response activities.

Mitigation

DoD and the tribe implement the agreed upon response.

Transition

DoD and the tribe conclude the NALEMP project and determine how they will work together in the future.

Roles and Responsibilities of Other Federal Agencies

Under NALEMP, projects that have support from or involvement with other federal agencies are given special consideration.  Multi-agency involvement indicates broad interest and demonstrates that a variety of resources are available to complete the required tasks.  By combining efforts, tribes may be able to implement a more comprehensive remediation program.  In addition, the partnership may be defined as truly a federal-tribal relationship rather than an agency-specific partnership.