§2713 Native American Lands Environmental Mitigation Program

Summary

The Secretary of Defense may set up a program to fix environmental damage from past Department of Defense actions on Indian lands or other places when the Department, the tribe, and the current landowner agree it should happen. The program can find and document suspected damage, plan and cost out ways to fix it and set priorities, carry out needed cleanup and repairs (including tearing down unsafe buildings once used by the Department), give training and help so tribes can take part, and create and use a policy for consulting with affected tribes and training Department staff on that policy. The Secretary can make cooperative agreements with tribes or tribal governments. Such agreements can be used to get property or services for the U.S. government. For services that are “severable,” an agreement may cross fiscal years only if it lasts no more than five calendar years. “Indian land” and “Indian tribe” are defined in the law in several specific ways (reservation or allotted lands, Alaska Native corporation lands, treaty or statutory rights, and recognized tribes including Alaska Native entities). Nothing in the program forces access to private land without the landowner’s permission.