Notice2026-03106
Notice of Intent To Prepare a Programmatic Environmental Assessment; Initiation of Public Scoping Under the National Environmental Policy Act; Initiation of Consultation Under Section 106 of the National Historic Preservation Act; and Notice of Intent To Develop a Section 106 Programmatic Agreement With the Alaska State Historic Preservation Officer
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Published
February 18, 2026
Issuing agencies
Environmental Protection Agency
Abstract
EPA Region 10 intends to prepare a programmatic Environmental Assessment (EA) pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4347, to evaluate the potential environmental and sociocultural effects of the EPA Contaminated Alaska Native Claims Settlement Act (ANCSA) Lands Assistance Program. The program provides funding to eligible Alaska Native Regional and Village Corporations, Federally Recognized Tribes in Alaska, Alaska Native Nonprofit Associations, Alaska Native Nonprofit Organizations and Alaskan Inter- Tribal Consortia ("applicants") to investigate and remediate contamination present on ANCSA-conveyed lands at the time of conveyance. Through this notice, EPA is initiating scoping to help identify the scope of analysis, reasonable alternatives, and information sources, with particular attention to sociocultural issues tied to: (1) archaeological preservation and historic properties, including sacred sites and traditional cultural places; (2) protected subsistence resources and uses; and, (3) wetlands and associated aquatic resources. Concurrently, and pursuant to Section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C. 306108) and its implementing regulations at 36 CFR part 800, EPA is initiating consultation with the Alaska State Historic Preservation Officer (SHPO), Federally Recognized Tribes in Alaska, Alaska Native corporations, and other consulting parties for the Contaminated ANCSA Lands Assistance Program. EPA intends to develop a Section 106 Programmatic Agreement (PA) under 36 CFR 800.14(b) with the Alaska SHPO and invited signatories and concurring parties to establish program- wide procedures for identifying, evaluating, and resolving effects to historic properties potentially affected by representative assessment and cleanup actions funded under the program. The EA will consider potential direct, indirect, and reasonably foreseeable impacts of representative cleanup actions funded under the program and will inform whether a Finding of No Significant Impact (FONSI) is appropriate or whether preparation of an Environmental Impact Statement (EIS) is warranted.
Full Text
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<title>Federal Register, Volume 91 Issue 32 (Wednesday, February 18, 2026)</title>
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[Federal Register Volume 91, Number 32 (Wednesday, February 18, 2026)]
[Notices]
[Pages 7481-7484]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03106]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OFA-2026-1322; FRL OPRM-FAD-210]
Notice of Intent To Prepare a Programmatic Environmental
Assessment; Initiation of Public Scoping Under the National
Environmental Policy Act; Initiation of Consultation Under Section 106
of the National Historic Preservation Act; and Notice of Intent To
Develop a Section 106 Programmatic Agreement With the Alaska State
Historic Preservation Officer
AGENCY: Environmental Protection Agency (EPA), Region 10; Alaska
Operations Office.
ACTION: Notice of intent to prepare a programmatic environmental
assessment; initiation of public scoping under the National
Environmental Policy Act; initiation of consultation under section 106
of the National Historic Preservation Act; and notice of intent to
develop a section 106 programmatic agreement with the Alaska State
Historic Preservation Officer.
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SUMMARY: EPA Region 10 intends to prepare a programmatic Environmental
Assessment (EA) pursuant to the National Environmental Policy Act
(NEPA), 42 U.S.C. 4321-4347, to evaluate the potential environmental
and sociocultural effects of the EPA Contaminated Alaska Native Claims
Settlement Act (ANCSA) Lands Assistance Program. The program provides
funding to eligible Alaska Native Regional and Village Corporations,
Federally Recognized Tribes in Alaska, Alaska Native Nonprofit
Associations, Alaska Native Nonprofit Organizations and Alaskan Inter-
Tribal Consortia (``applicants'') to
[[Page 7482]]
investigate and remediate contamination present on ANCSA-conveyed lands
at the time of conveyance. Through this notice, EPA is initiating
scoping to help identify the scope of analysis, reasonable
alternatives, and information sources, with particular attention to
sociocultural issues tied to: (1) archaeological preservation and
historic properties, including sacred sites and traditional cultural
places; (2) protected subsistence resources and uses; and, (3) wetlands
and associated aquatic resources. Concurrently, and pursuant to Section
106 of the National Historic Preservation Act (NHPA) (54 U.S.C. 306108)
and its implementing regulations at 36 CFR part 800, EPA is initiating
consultation with the Alaska State Historic Preservation Officer
(SHPO), Federally Recognized Tribes in Alaska, Alaska Native
corporations, and other consulting parties for the Contaminated ANCSA
Lands Assistance Program. EPA intends to develop a Section 106
Programmatic Agreement (PA) under 36 CFR 800.14(b) with the Alaska SHPO
and invited signatories and concurring parties to establish program-
wide procedures for identifying, evaluating, and resolving effects to
historic properties potentially affected by representative assessment
and cleanup actions funded under the program. The EA will consider
potential direct, indirect, and reasonably foreseeable impacts of
representative cleanup actions funded under the program and will inform
whether a Finding of No Significant Impact (FONSI) is appropriate or
whether preparation of an Environmental Impact Statement (EIS) is
warranted.
DATES: The scoping period begins upon publication of this notice.
Scoping comments must be received on or before March 20, 2026. Requests
to participate as a consulting party in Section 106 consultation and
initial input on the scope and content of the Programmatic Agreement
should be submitted on or before March 20, 2026. Tribal consultations
will be held upon request.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OFA-2026-1322, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: ANCSA Program Team at <a href="/cdn-cgi/l/email-protection#c1a0afa2b2a081a4b1a0efa6aeb7"><span class="__cf_email__" data-cfemail="5d3c333e2e3c1d382d3c733a322b">[email protected]</span></a>.
<bullet> Mail: U.S. Environmental Protection Agency, Region 10,
ANCSA Program, 222 W 7th Ave. Suite 537, Anchorage, Alaska 99513.
Comments received may be posted without change to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information provided. For
detailed instructions on sending comments and additional information on
the notice, see the ``Public Participation'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Lauren Boldrick, Program Manager,
Alaska Operations Office, EPA Region 10; email:
<a href="/cdn-cgi/l/email-protection#3f5d50535b4d565c5411535e4a4d5a517f5a4f5e11585049"><span class="__cf_email__" data-cfemail="294b46454d5b404a420745485c5b4c47694c5948074e465f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
The Alaska Native Claims Settlement Act (ANCSA) of 1971 conveyed
approximately 46 million acres of land and monetary compensation to
Alaska Native regional and village corporations. Some lands conveyed
under ANCSA were contaminated prior to conveyance with substances such
as arsenic, asbestos, lead, mercury, pesticides, polychlorinated
biphenyls (PCBs), and petroleum products. These contaminants pose risks
to human health, wetlands and aquatic resources, and subsistence
resources important to Alaska Native communities.
Congress appropriated funding in fiscal year 2023 for EPA to
establish and implement a grant program to assist applicants with
addressing contamination on ANCSA lands that was present at the time of
conveyance. EPA's program supports assessment and cleanup actions in
compliance with applicable federal and state laws and regulations.
EPA intends to prepare this programmatic EA, and, to the extent
permitted by law, so that the agency may assume the federal
responsibilities for NEPA compliance and associated consultations and
reviews to alleviate regulatory burden for applicants receiving
cooperative agreements under this program. In coordination with the
responsible agencies, EPA's environmental review includes consultation
(formal and informal) and coordination for wetlands protection and
compliance under the Clean Water Act (CWA); Section 106 of the National
Historic Preservation Act (NHPA); Endangered Species Act; Marine Mammal
Protection Act; and Essential Fish Habitat.
Consistent with 36 CFR part 800, EPA is initiating NHPA Section 106
consultation for the Contaminated ANCSA Lands Assistance Program and
intends to develop a Programmatic Agreement under 36 CFR 800.14(b) with
the Alaska SHPO as a signatory, and with invited signatories and
concurring parties including Federally Recognized Tribes in Alaska,
Alaska Native corporations, and federal partners as appropriate. The PA
is expected to: (1) define how areas of potential effects will be
established for representative actions; (2) establish standards and
procedures for identification and evaluation of historic properties,
including archaeological sites, sacred sites, and traditional cultural
places; (3) set avoidance, minimization, and mitigation measures; and
codify inadvertent discovery and unanticipated effects protocols,
including stop-work, notification, and coordination procedures; (4)
address confidentiality of sensitive cultural resource information,
consistent with NHPA Section 304 and other applicable authorities; and
(5) provide for monitoring, reporting, curation, training, and dispute
resolution.
While the programmatic EA and PA are expected to streamline and
tier site-specific reviews and relieve recipients of significant
permitting and consultation burdens, some projects may still require
additional permits or authorizations. For example, certain activities
may trigger permitting under CWA Section 404 in which case any such
permitting decisions will be made by the U.S. Army Corps of Engineers,
which EPA has invited to participate as a cooperating agency.
Additionally, EPA has invited the Formerly Used Defense Sites (FUDS)
Program, to participate as a cooperating agency because of USACE's
extensive experience with contaminated-site cleanups in Alaska and its
federal archaeological and cultural resources subject-matter expertise,
including Section 106 compliance.
EPA is inviting the State of Alaska to participate as a cooperating
agency in the development of this EA because all ANCSA contaminated
sites will be cleaned to the appropriate State of Alaska cleanup
standards, with respect to other relevant state laws and regulations
specific to the site.
EPA is issuing cooperative agreements under the Contaminated ANCSA
Lands Assistance Program. At present, Federal environmental reviews and
compliance process is often complex and unclear to EPA's cooperative
agreement recipients. Through EPA's extensive work in Alaska, Region 10
also recognizes that many cooperative agreement recipients lack the
environmental and legal resources to complete environmental reviews and
consultations in an expeditious manner. Understanding these distinct
issues, this programmatic EA and the accompanying Section 106
[[Page 7483]]
Programmatic Agreement are intended to reduce those barriers and
provide a more efficient and consistent pathway to environmental
compliance and site closure to fulfill EPA's directive from Congress to
continue Federal efforts to resolve long-standing issues surrounding
Indigenous land claims in Alaska.
II. Proposed Action and Alternatives
EPA proposes to implement the Contaminated ANCSA Lands Assistance
Program through financial assistance to eligible entities for
activities such as site assessment and characterization; removal
actions; remediation and stabilization; debris and hazardous materials
management; institutional controls; and associated community engagement
and training. The programmatic EA will evaluate:
1. No Action Alternative (continuing awards or cleanup activities
under the program as is).
2. Proposed Action Alternative (environmental compliance efforts
undertaken by cooperative agreement recipients are significantly
reduced).
3. Reasonable variations or mitigation approaches (e.g., enhanced
avoidance buffers and seasonal work windows near sensitive cultural
sites, subsistence use areas, and wetlands).
III. Key Issues for Scoping
EPA requests input on the following topics and any additional
issues or data sources relevant to the EA:
Archaeological and cultural resources: identification, evaluation,
and protection of historic properties and archaeological sites;
development of the Section 106 Programmatic Agreement under 36 CFR
800.14(b); compliance with Section 106 of the National Historic
Preservation Act; Tribal consultation; confidentiality of sensitive
site information; inadvertent discovery protocols; and avoidance,
minimization, and mitigation measures.
Protected subsistence resources and uses: effects on fish,
wildlife, marine mammals, plants, and habitats that support subsistence
uses protected under applicable federal laws (e.g., ANILCA Title VIII),
including potential changes to access, timing, distribution, or
abundance; beneficial effects from hazard reduction; and measures to
avoid or minimize disruption to subsistence activities.
Wetlands and aquatic resources: potential temporary and long-term
impacts on wetlands and waters (including hydrology, habitat, and water
quality); compliance with the Clean Water Act and Executive Order 11990
(Protection of Wetlands); avoidance and minimization practices; and
best management practices for work in or near wetlands and surface
waters.
Sociocultural and community considerations: community health and
well-being; preservation of traditional cultural landscapes; equity in
benefits from cleanup; community engagement and communication
approaches; and cumulative impacts.
Additional resource areas: threatened and endangered species; air
quality; noise; land use; and waste management practices relevant to
representative cleanup actions.
IV. Cooperating and Consulting Agencies and Entities
EPA invites federal and state agencies, Federally Recognized
Tribes, and Alaska Native corporations with jurisdiction or special
expertise to participate as cooperating agencies, as appropriate. EPA
has invited the U.S. Army Corps of Engineers to participate as a
cooperating agency, particularly regarding potential Clean Water Act
Section 404 permitting, its extensive experience with contaminated-site
cleanups in Alaska and its federal archaeological and cultural
resources subject-matter expertise, including Section 106 compliance.
EPA is also inviting the State of Alaska to participate as a
cooperating agency, because of the State's significant interest and
respective legal authority.
For NHPA Section 106, EPA is initiating consultation with the
Alaska SHPO and invites Federally Recognized Tribes in Alaska, Alaska
Native corporations, and other parties with demonstrated interest or
expertise to participate as consulting parties in the development of
the Programmatic Agreement and in subsequent reviews tiered to the PA.
EPA will notify and invite the Advisory Council on Historic
Preservation (ACHP) to participate in the PA, as appropriate, pursuant
to 36 CFR 800.6(a). EPA will fulfill consultation responsibilities,
including under Section 106 of the National Historic Preservation Act
and Executive Order 13175 (Consultation and Coordination with Indian
Tribal Governments), and will coordinate, as applicable, with the
Alaska State Historic Preservation Officer, U.S. Army Corps of
Engineers, U.S. Fish and Wildlife Service, National Marine Fisheries
Service, and other relevant agencies.
V. Public Scoping Process and Comments
Submittal EPA seeks comments that identify issues, data, and
reasonable alternatives or mitigation measures to inform the EA and
initial input to inform the Section 106 Programmatic Agreement. If you
are commenting, we request that you please address the following
factors:
1. Describe the specific topic or location and, if available,
provide supporting data or references.
2. Identify any seasonal or cultural considerations (e.g.,
subsistence harvest periods, cultural use areas) that may inform timing
and methods for cleanup.
3. Note any potential public health or safety concerns and suggest
best practices.
In addition, EPA invites requests from individuals and
organizations that seek consulting party status under Section 106 for
this program. Requests should briefly describe the requester's interest
and expertise and any relevant area(s) of concern. EPA will consider
such requests consistent with 36 CFR 800.2(c)(5). EPA intends to make a
draft Programmatic Agreement available for public review; a notice of
availability will be posted to the docket identified below, and public
comments will be accepted prior to execution of the PA.
Written Comments
The scoping period begins upon publication of this notice. Scoping
comments must be received on or before March 20, 2026. Requests to
participate as a consulting party in Section 106 consultation and
initial input on the scope and content of the Programmatic Agreement
should be submitted on or before March 20, 2026. Tribal consultations
will be held upon request.
You may send comments, identified by Docket ID No. EPA-HQ-OFA-2026-
1322, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: ANCSA Program Team at <a href="/cdn-cgi/l/email-protection#90f1fef3e3f1d0f5e0f1bef7ffe6"><span class="__cf_email__" data-cfemail="6e0f000d1d0f2e0b1e0f40090118">[email protected]</span></a>.
<bullet> Mail: U.S. Environmental Protection Agency, Region 10,
ANCSA Program, 222 W 7th Ave. Suite 537, Anchorage, Alaska 99513.
Comments received may be posted without change to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information provided. To
the maximum extent authorized by law, EPA will protect from disclosure
sensitive cultural resource information under NHPA Section 304 and
other applicable authorities. EPA will announce availability of the
Draft EA and the draft Programmatic Agreement for public review in a
future Federal Register notice.
[[Page 7484]]
Dated: February 11, 2026.
Tami Fordham,
Director, Alaska Operations Office, EPA Region 10.
[FR Doc. 2026-03106 Filed 2-17-26; 8:45 am]
BILLING CODE 6560-50-P
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