On January 11, 2002, President Bush signed into law the Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law). The Brownfields Law includes provisions to establish, enhance, and empower tribal response programs which will play a critical role in the successful cleanup and revitalization of Brownfields sites. A Brownfields site is defined as all “real property” which includes residential, commercial, and industrial properties that can be expanded, redeveloped, or reused and may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant as defined in the Comprehensive Environmental Response, Comprehension and Liability Act of 1980 § 101(39), as amended (CERCLA).
The Blackfeet Tribe received the Brownfields/Tribal Response Program grant on July 1, 2006:
The Tribal Response Program Grant involves the establishment and enhancement of the following four elements listed in the grant: Inventory, Public Participation, Oversight & Enforcement, and Verification & Certification of cleanup.
New legislation allowed the creation for a Brownfields Tribal Response Program and Brownfields Assessment Program. The new legislation passed by EPA’s Brownfields Initiative is to empower States, Tribes, communities, and other stakeholders in economic development to work together in a timely manner to prevent, assess, safely cleanup and re-use sustainable Brownfields sites.
The Response program at the Blackfeet Environmental Office is responsible for identifying eligible Brownfields sites on the reservation; establishing oversight and enforcement authorities, establishing a public record, providing opportunities for public participation and developing mechanisms for approval of a cleanup plan.
The Blackfeet Tribe received the Brownfields Assessment Grant on September 15, 2003:
The Assessment program at the Blackfeet Environmental Office is in the process of selecting a contractor for Phase I and Phase II Assessments. There are six pre-determined sites that will be assessed throughout the coming months. The public will be included in this process. Community input is a vital part of each program and public opinion is highly regarded as these programs evolve.
Six sites were chosen for the Assessment Grant which include:
Assessments involve a historical or background investigation of the sites and are followed by sampling and analysis of those areas of concern. Next, field sampling will help determine the type of contaminants, concentration level, and the spread of contamination. The Assessment Grant was completed in 2009.
The Blackfeet Environmental Office is continuing to provide Phase I and Phase II Assessments under the Tribal Response Program Grant. The BEO encourages the public to participate in the selection process of these sites as well as public participation in the reporting of potential Brownfields sites.