Makah Tribal Council Office of Marine Affairs. EPA Region a Tribal Response Program

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Makah Tribal Council Office of Marine Affairs EPA Region 10 128a Tribal Response Program

The State and Tribal Response Program is funded through the U.S. Environmental Protection Agency (EPA). As part of the Brownfields Program, the program provides financial assistance to states and tribes to increase their capacity to address and manage contaminated lands. Funding is available to develop and enhance program infrastructure and capabilities, oversee cleanups, and conduct site-specific activities.

Four basic program elements : 1.Timely survey and inventory of brownfields sites on tribal land. 2. Oversight and enforcement authorities or other mechanisms and resources. 3. Mechanisms and resources to provide meaningful opportunities for public participation. 4. Mechanisms for approval of a cleanup plan and verification and certification that cleanup is complete.

In addition, a Public Record System must be established and updated at least annually. Includes an inventory of sites, identifies sites for which response actions are complete, and identifies sites for which response actions are planned in the next year.

SITE NO. LATITUDE DECIMAL DEGREE LONGITUDE DECIMAL DEGREE SITE NAME ACTIONS COMPLETE 2001-2005 ACTIONS COMPLETED 2006 ACTIONS PROPOSED 2007 1 48.3618-124.5875 200-Line Dump X SI 2 48.3714-124.5954 Navy Life Boat Station X X RA 3 48.3872-124.6387 Koitlah Point Dump X SI 4 48.3888-124.6567 Warmhouse Beach Open Dump X SI 5 48.3720-124.6760 Radar Dome Area 6 48.3709-124.6728 Microwave Tower SI 7 48.3677-124.6628 GATR Facilities X 8 48.3676-124.7094 Cape Flattery Dump X SI 9 48.3507-124.6761 Reservoir X 10 48.3472-124.6738 Water Towers X 11 48.3481-124.6667 Cantonment Area X SI NO FURTHER ACTION 12 48.3436-124.6954 Cape Flattery Battery Sites U 13 48.3452-124.6753 Family Housing Area X X RA 14 48.3333-124.6595 Family Camp and Trailer Court X X 15 48.3285-124.6586 Bahobohosh Point X U 16 48.3330-124.6539 Hobuck Creek Dam X 17 48.2964-124.6809 Anderson Point Ruins X U 18 48.2871-124.6866 Portage Head Ruins X U 19 48.2808-124.6828 General M.C. Meigs Shipwreck 20 48.3680-124.6703 Top Camp Dam X RA 21 48.3815-124.5962 Waadah Island 22 48.3913-124.7355 Tatoosh Island X X RA 23 0.0000 0.0000 Offshore Ordnances and Wrecks 24 48.3788-124.7139 Cape Flattery Dam 25 48.3661-124.6052 Hake AST X 26 48.3652-124.6292 Tryon Junk Yard X Actions include site investigations (SI) and removal actions (RA). U - Unrestricted Access MAKA H TRIBAL RESPONS E PROGRAM PUBLIC RECORD

Timely survey and inventory of brownfields sites on tribal land An inventory of potentially contaminated Brownfields sites on the Makah Indian Reservation was compiled, and information on site location, use history, and potential contaminants of concern was completed.

Largest oil spills in state in General Meigs 1972 approx. 2 million gallons Makah U & A Tenyu Maru 1991 approx. 400,000 gallons

2. Oversight and enforcement authorities or other mechanisms and resources. The OMA develops oversight & enforcement authorities by analyzing oil spill/vessel traffic safety legislation, policy, rule making & participates in planning & rule making processes with federal, state & tribal governments & representatives from industry to support increasing our tribal spill response capacity.

Makah Office of Marine Affairs Created in tribal organization in 2008 To protect Makah treaty resources from oil and hazardous materials spills through participation on the RRT & other federal & state forums as a resource trustee. Establish formal G2G relationships with, U.S. Coast Guard, EPA, NOAA, U.S. Navy, Washington State Department of Ecology & a partnership w/ the Oil & Shipping Industry.

1. Apply best cultural & scientific information in the development of oil spill prevention, preparedness, response, and restoration policy & rule making. 2. Coordinate efforts with federal and state governments and industry to assure consistency with tribal policy. 3. Represent tribal treaty interests & policy on relevant federal & state committees, commissions & workgroups. 4. Provide Makah Tribal Treaty language to the NW Area Spill Plan

Neah Bay Emergency Response & Towing Vessel 41 call-outs by Foss and Crowley since 1999 Initiated by Rep. Dicks with Navy & Tenyo Maru Makah Tribal settlement funds, Continued with state funds which ended in 2009. Permanently funded by Maritime Industry via MTC G2G Consultation w/ USCG HQ OPA 90 Marine Salvage & Firefighting Rule & WA State Legislative mandate and on placed onstation July 1, 2010.

Federal & State Government to Government Consultation Memorandum of Agreement Between the United States Coast Guard and the Makah Indian Tribe Regarding Interoperability and Coordination. Washington State Oil Spill Contingency Plan. Regional Response Team North West Area Oil Spill Contingency Plan. 2015 Vessel Traffic Risk Assessment.

Makah Tribe Port of Neah Bay Infrastructure Improvements Phase II Oil Spill Response - Makah Commercial Fish Dock. The US Dept. of Transportation and MARAD funded this infrastructure development which the MTC recognizes is supported by the HVPA and other related Coast Guard rule makings. Army Corps of Engineers 107 Project: Deepening & Widening of the Entrance to the Harbor of Neah Bay.

3. Mechanisms and resources to provide meaningful opportunities for public participation. The OMA participates in the RRT/NWAC, the Olympic Coast National Marine Sanctuary, the Puget Sound Harbor Safety Comm. & VTRA 2015 Workgroup, the Puget Sound Partnership & MTC Quarterly meetings as information dissemination mechanisms. All of which include general public participation. The NW Area Spill Response Plan has a section dedicated to allow volunteers to participate in spill clean up.

4. Mechanisms for approval of a cleanup plan and verification and certification that cleanup is complete. The Oil Pollution Act (1990): The OPA is the primary legislation that governs oil spills in the U.S. The Clean Water Act (1972):[5] The clean water act (CWA) was the most extensive legislation which considered oil spills prior to the Exxon Valdez spill. The CWA made provisions for post-spill reporting, response and liability by the responsible party.

Building Effective Partnerships

Summary The Makah Tribe has enhanced TRP program by: building on our ability to respond to spill incidents; providing oversight for response actions conducted by others; provide opportunities for public participation posting the public record.