US (United States) Code. Title 25. Chapter 41: Indian lands open dump cleanup

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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25 USC CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP 01/06/03

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TITLE 25 - INDIANS

CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP

-HEAD-

CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP

-MISC1-

Sec.

3901. Findings and purposes.

(a) Findings.

(b) Purposes.

3902. Definitions.

3903. Inventory of open dumps.

(a) Study and inventory.

(b) Annual reports.

(c) 10-year plan.

3904. Authority of Director of Indian Health Service.

(a) Reservation inventory.

(b) Assistance.

(c) Conditions.

3905. Contract authority.

(a) Authority of Director.

(b) Cooperative agreements.

3906. Tribal demonstration project.

(a) In general.

(b) Criteria.

(c) Duration of funding for project.

3907. Authorization of appropriations.

(a) General authorization.

(b) Coordination.

3908. Disclaimers.

(a) Authority of Director.

(b) Exempted lands and facilities.

(c) Rules of construction.

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25 USC Sec. 3901 01/06/03

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TITLE 25 - INDIANS

CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP

-HEAD-

Sec. 3901. Findings and purposes

-STATUTE-

(a) Findings

The Congress finds that -

(1) there are at least 600 open dumps on Indian and Alaska

Native lands;

(2) these dumps threaten the health and safety of residents of

Indian and Alaska Native lands and contiguous areas;

(3) many of these dumps were established or are used by Federal

agencies such as the Bureau of Indian Affairs and the Indian

Health Service;

(4) these dumps threaten the environment;

(5) the United States holds most Indian lands in trust for the

benefit of Indian tribes and Indian individuals; and

(6) most Indian tribal governments and Alaska Native entities

lack the financial and technical resources necessary to close and

maintain these dumps in compliance with applicable Federal laws.

(b) Purposes

The purposes of this chapter are to -

(1) identify the location of open dumps on Indian lands and

Alaska Native lands;

(2) assess the relative health and environmental hazards posed

by such dumps; and

(3) provide financial and technical assistance to Indian tribal

governments and Alaska Native entities, either directly or by

contract, to close such dumps in compliance with applicable

Federal standards and regulations, or standards promulgated by an

Indian tribal government or Alaska Native entity, if such

standards are more stringent than the Federal standards.

-SOURCE-

(Pub. L. 103-399, Sec. 2, Oct. 22, 1994, 108 Stat. 4164.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 103-399 provided that: "This Act [enacting

this chapter] may be cited as the 'Indian Lands Open Dump Cleanup

Act of 1994'."

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25 USC Sec. 3902 01/06/03

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TITLE 25 - INDIANS

CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP

-HEAD-

Sec. 3902. Definitions

-STATUTE-

For the purposes of this chapter, the following definitions shall

apply:

(1) Closure or close

The term "closure or close" means the termination of operations

at open dumps on Indian land or Alaska Native land and bringing

such dumps into compliance with applicable Federal standards and

regulations, or standards promulgated by an Indian tribal

government or Alaska Native entity, if such standards are more

stringent than the Federal standards and regulations.

(2) Director

The term "Director" means the Director of the Indian Health

Service.

(3) Indian land

The term "Indian land" means -

(A) land within the limits of any Indian reservation under

the jurisdiction of the United States Government,

notwithstanding the issuance of any patent, and including

rights-of-way running through the reservation;

(B) dependent Indian communities within the borders of the

United States whether within the original or subsequently

acquired territory thereof, and whether within or without the

limits of a State; and

(C) Indian allotments, the Indian titles to which have not

been extinguished, including rights-of-way running through such

allotments.

(4) Alaska Native land

The term "Alaska Native land" means (A) land conveyed or to be

conveyed pursuant to the Alaska Native Claims Settlement Act [43

U.S.C. 1601 et seq.], including any land reconveyed under section

14(c)(3) of that Act (43 U.S.C. 1613(c)(3)), and (B) land

conveyed pursuant to the Act of November 2, 1966 (16 U.S.C. 1151

et seq.; commonly known as the "Fur Seal Act of 1966").

(5) Indian tribal government

The term "Indian tribal government" means the governing body of

any Indian tribe, band, nation, pueblo, or other organized group

or community which is recognized as eligible for the special

programs and services provided by the United States to Indians

because of their status as Indians.

(6) Alaska Native entity

The term "Alaska Native entity" includes native corporations

established pursuant to the Alaska Native Claims Settlement Act

[43 U.S.C. 1601 et seq.] and any Alaska Native village or

municipal entity which owns Alaska Native land.

(7) Open dump

The term "open dump" means any facility or site where solid

waste is disposed of which is not a sanitary landfill which meets

the criteria promulgated under section 4004 of the Solid Waste

Disposal Act (42 U.S.C. 6944) and which is not a facility for

disposal of hazardous waste.

(8) Postclosure maintenance

The term "postclosure maintenance" means any activity

undertaken at a closed solid waste management facility on Indian

land or on Alaska Native land to maintain the integrity of

containment features, monitor compliance with applicable

performance standards, or remedy any situation or occurrence that

violates regulations promulgated pursuant to subtitle D of the

Solid Waste Disposal Act (42 U.S.C. 6941 et seq.).

(9) Service

The term "Service" means the Indian Health Service.

(10) Solid waste

The term "solid waste" has the meaning provided that term by

section 1004(27) of the Solid Waste Disposal Act (42 U.S.C. 6903)

and any regulations promulgated thereunder.

-SOURCE-

(Pub. L. 103-399, Sec. 3, Oct. 22, 1994, 108 Stat. 4164; Pub. L.

104-109, Sec. 5, Feb. 12, 1996, 110 Stat. 764.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in pars. (4)

and (6), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

The Fur Seal Act of 1966, referred to in par. (4), is Pub. L.

89-702, Nov. 2, 1966, 80 Stat. 1091, as amended, which is

classified principally to chapter 24 (Sec. 1151 et seq.) of Title

16, Conservation. For complete classification of this Act to the

Code, see Short Title note set out under section 1151 of Title 16

and Tables.

The Solid Waste Disposal Act, referred to in par. (8), is title

II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

Subtitle D of the Act is classified generally to subchapter IV

(Sec. 6941 et seq.) of chapter 82 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of Title 42 and

Tables.

-MISC1-

AMENDMENTS

1996 - Par. (7). Pub. L. 104-109 substituted "section 4004 of the

Solid Waste Disposal Act (42 U.S.C. 6944)" for "section 6944 of the

Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)".

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25 USC Sec. 3903 01/06/03

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TITLE 25 - INDIANS

CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP

-HEAD-

Sec. 3903. Inventory of open dumps

-STATUTE-

(a) Study and inventory

Not later than 12 months after October 22, 1994, the Director

shall conduct a study and inventory of open dumps on Indian lands

and Alaska Native lands. The inventory shall list the geographic

location of all open dumps, an evaluation of the contents of each

dump, and an assessment of the relative severity of the threat to

public health and the environment posed by each dump. Such

assessment shall be carried out cooperatively with the

Administrator of the Environmental Protection Agency. The Director

shall obtain the concurrence of the Administrator in the

determination of relative severity made by any such assessment.

(b) Annual reports

Upon completion of the study and inventory under subsection (a)

of this section, the Director shall report to the Congress, and

update such report annually -

(1) the current priority of Indian and Alaska Native solid

waste deficiencies,

(2) the methodology of determining the priority listing,

(3) the level of funding needed to effectively close or bring

into compliance all open dumps on Indian lands or Alaska Native

lands, and

(4) the progress made in addressing Indian and Alaska Native

solid waste deficiencies.

(c) 10-year plan

The Director shall develop and begin implementation of a 10-year

plan to address solid waste disposal needs on Indian lands and

Alaska Native lands. This 10-year plan shall identify -

(1) the level of funding needed to effectively close or bring

into compliance with applicable Federal standards any open dumps

located on Indian lands and Alaska Native lands; and

(2) the level of funding needed to develop comprehensive solid

waste management plans for every Indian tribal government and

Alaska Native entity.

-SOURCE-

(Pub. L. 103-399, Sec. 4, Oct. 22, 1994, 108 Stat. 4166.)

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25 USC Sec. 3904 01/06/03

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TITLE 25 - INDIANS

CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP

-HEAD-

Sec. 3904. Authority of Director of Indian Health Service

-STATUTE-

(a) Reservation inventory

(1) Upon request by an Indian tribal government or Alaska Native

entity, the Director shall -

(A) conduct an inventory and evaluation of the contents of open

dumps on the Indian lands or Alaska Native lands which are

subject to the authority of the Indian tribal government or

Alaska Native entity;

(B) determine the relative severity of the threat to public

health and the environment posed by each dump based on

information available to the Director and the Indian tribal

government or Alaska Native entity unless the Director, in

consultation with the Indian tribal government or Alaska Native

entity, determines that additional actions such as soil testing

or water monitoring would be appropriate in the circumstances;

and

(C) develop cost estimates for the closure and postclosure

maintenance of such dumps.

(2) The inventory and evaluation authorized under paragraph

(1)(A) shall be carried out cooperatively with the Administrator of

the Environmental Protection Agency. The Director shall obtain the

concurrence of the Administrator in the determination of relative

severity made under paragraph (1)(B).

(b) Assistance

Upon completion of the activities required to be performed

pursuant to subsection (a) of this section, the Director shall,

subject to subsection (c) of this section, provide financial and

technical assistance to the Indian tribal government or Alaska

Native entity to carry out the activities necessary to -

(1) close such dumps; and

(2) provide for postclosure maintenance of such dumps.

(c) Conditions

All assistance provided pursuant to subsection (b) of this

section shall be made available on a site-specific basis in

accordance with priorities developed by the Director. Priorities on

specific Indian lands or Alaska Native lands shall be developed in

consultation with the Indian tribal government or Alaska Native

entity. The priorities shall take into account the relative

severity of the threat to public health and the environment posed

by each open dump and the availability of funds necessary for

closure and postclosure maintenance.

-SOURCE-

(Pub. L. 103-399, Sec. 5, Oct. 22, 1994, 108 Stat. 4166.)

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25 USC Sec. 3905 01/06/03

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TITLE 25 - INDIANS

CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP

-HEAD-

Sec. 3905. Contract authority

-STATUTE-

(a) Authority of Director

To the maximum extent feasible, the Director shall carry out

duties under this chapter through contracts, compacts, or memoranda

of agreement with Indian tribal governments or Alaska Native

entities pursuant to the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 450 et seq.), section 2004a of title 42,

or section 1632 of this title.

(b) Cooperative agreements

The Director is authorized, for purposes of carrying out the

duties of the Director under this chapter, to contract with or

enter into such cooperative agreements with such other Federal

agencies as is considered necessary to provide cost-sharing for

closure and postclosure activities, to obtain necessary technical

and financial assistance and expertise, and for such other purposes

as the Director considers necessary.

-SOURCE-

(Pub. L. 103-399, Sec. 6, Oct. 22, 1994, 108 Stat. 4167.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (a), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

-End-

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25 USC Sec. 3906 01/06/03

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TITLE 25 - INDIANS

CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP

-HEAD-

Sec. 3906. Tribal demonstration project

-STATUTE-

(a) In general

The Director may establish and carry out a program providing for

demonstration projects involving open dumps on Indian land or

Alaska Native land. It shall be the purpose of such projects to

determine if there are unique cost factors involved in the cleanup

and maintenance of open dumps on such land, and the extent to which

advanced closure planning is necessary. Under the program, the

Director is authorized to select no less than three Indian tribal

governments or Alaska Native entities to participate in such

demonstration projects.

(b) Criteria

Criteria established by the Director for the selection and

participation of an Indian tribal government or Alaska Native

entity in the demonstration project shall provide that in order to

be eligible to participate, an Indian tribal government or Alaska

Native entity must -

(1) have one or more existing open dumps on Indian lands or

Alaska Native lands which are under its authority;

(2) have developed a comprehensive solid waste management plan

for such lands; and

(3) have developed a closure and postclosure maintenance plan

for each dump located on such lands.

(c) Duration of funding for project

No demonstration project shall be funded for more than three

fiscal years.

-SOURCE-

(Pub. L. 103-399, Sec. 7, Oct. 22, 1994, 108 Stat. 4167.)

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25 USC Sec. 3907 01/06/03

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TITLE 25 - INDIANS

CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP

-HEAD-

Sec. 3907. Authorization of appropriations

-STATUTE-

(a) General authorization

There are authorized to be appropriated such sums as may be

necessary to carry out this chapter.

(b) Coordination

The activities required to be performed by the Director under

this chapter shall be coordinated with activities related to solid

waste and sanitation facilities funded pursuant to other

authorizations.

-SOURCE-

(Pub. L. 103-399, Sec. 8, Oct. 22, 1994, 108 Stat. 4168.)

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25 USC Sec. 3908 01/06/03

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TITLE 25 - INDIANS

CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP

-HEAD-

Sec. 3908. Disclaimers

-STATUTE-

(a) Authority of Director

Nothing in this chapter shall be construed to alter, diminish,

repeal, or supersede any authority conferred on the Director

pursuant to section 1632 of this title, and section 2004a of title

42.

(b) Exempted lands and facilities

This chapter shall not apply to open dump sites on Indian lands

or Alaska Native lands -

(1) that comprise an area of one-half acre or less and that are

used by individual families on lands to which they hold legal or

beneficial title;

(2) of any size that have been or are being operated for a

profit; or

(3) where solid waste from an industrial process is being or

has been routinely disposed of at a privately owned facility in

compliance with applicable Federal laws.

(c) Rules of construction

(1) Nothing in this chapter shall be construed to amend or modify

the authority or responsibility of the Administrator of the

Environmental Protection Agency under the Solid Waste Disposal Act

(42 U.S.C. 6901 et seq.).

(2) Nothing in this chapter is intended to amend, repeal, or

supersede any provision of the Solid Waste Disposal Act (42 U.S.C.

6901 et seq.).

-SOURCE-

(Pub. L. 103-399, Sec. 9, Oct. 22, 1994, 108 Stat. 4168.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (c), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 6901 of Title 42 and Tables.

-End-