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Do tribes “own” tribal trust lands for purposes of a brownfields cleanup grants and RLF cleanup subgrants?

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Do tribes “own” tribal trust lands for purposes of a brownfields cleanup grants and RLF cleanup subgrants?

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A. Generally, EPA believes tribes have a sufficient ownership interest in tribal trust lands to “own” such lands for purposes of brownfields cleanup grants and RLF cleanup subgrants. Applicants should contact their Regional Brownfields coordinator for additional information. Q. Are tribes considered “potentially responsible parties” (PRPs) and therefore subject to the statutory prohibition on using grants funds to pay for response costs at a site for which the recipient is potentially liable under CERCLA ยง 107? A. Generally, EPA has not considered tribes to be liable as PRPs under CERCLA and, therefore, they are not subject to the statutory prohibition. Applicants should contact their Regional Brownfields coordinator for additional information.

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