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25 U.S.C. § 3908 — Disclaimers

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3908 — Disclaimers

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1632&num=0&edition=prelim), and [section 2004a of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2004a&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.).

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Source location: Title 25, Chapter 41, § 3908; chapter-041-indian-lands-open-dump-cleanup.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6901 — Congressional findings

**(a) Solid waste** The Congress finds with respect to solid waste— (1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products; (2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials; (3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas; (4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices. **(b) Environment and

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2004a — Sanitation facilities

**(a) Powers of Surgeon General** In carrying out his functions under this subchapter with respect to the provision of sanitation facilities and services, the Surgeon General is authorized— (1) to construct, improve, extend, or otherwise provide and maintain, by contract or otherwise, essential sanitation facilities, including domestic and community water supplies and facilities, drainage facilities, and sewage- and waste-disposal facilities, together with necessary appurtenances and fixtures, for Indian homes, communities, and lands; (2) to acquire lands, or rights or interests therein, including sites, rights-of-way, and easements, and to acquire rights to the use of water, by purchase, lease, gift, exchange, or otherwise, when necessary for the purposes of this section, except that no lands or rights or interests therein may be acquired from an Indian tribe, band, group, community, or individual other than by gift or for nominal consideration, if the facility for which such lands or rights or interests therein are acquired is for the exclusive benefit of such tribe, band, group, community, or individual, respectively; (3) to make such arrangements and agreements with appropriate public authorities and nonprofit organizations or agencies and with the Indians to be served by such sanitation facilities (and any other person so served) regarding contributions toward the construction, improvement, extension and provision thereof, and responsibilities for maintenance thereof, as in his judgment are equitable and will best assure the future maintenance of facilities in an effective and operating condition; and (4) to transfer any facilities provided under this section, together with appurtenant interests in land, with or without a money consideration, and under such ter

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1632 — Transferred

### Statutory Notes #### Codification Section, Pub. L. 94–437, title IV, § 404, as added Pub. L. 96–537, § 6, Dec. 17, 1980, 94 Stat. 3176, which related to grants to and contracts with tribal organizations, was transferred to [section 1644 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1644&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3908 — Disclaimers

Page 623 TITLE 25—INDIANS § 4001 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 govern- ments or Alaska Native entities to participate in such demonstration projects. (b) Criteria Criteria established by the Director for the se- lection and participation of an Indian tribal gov- ernment or Alaska Native entity in the dem- onstration project shall provide that in order to be eligible to participate, an Indian tribal gov- ernment 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. (Pub. L. 103–399, § 7, Oct. 22, 1994, 108 Stat. 4167.) § 3907. Authorization of appropriations (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 sanita- tion facilities funded pursuant to other author- izations. (Pub. L. 103–399, § 8, Oct. 22, 1994, 108 Stat. 4168.) § 3908. Disclaimers (a) Authority of Director Nothing in this chapter shall be cons

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6901 — Congressional findings

Page 6921 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6901 Sec. 6985. Special study and demonstration projects on recovery of useful energy and materials. 6986. Grants for resource recovery systems and im- proved solid waste disposal facilities. 6987. Authorization of appropriations. SUBCHAPTER IX—REGULATION OF UNDERGROUND STORAGE TANKS 6991. Definitions and exemptions. 6991a. Notification. 6991b. Release detection, prevention, and correction regulations. 6991c. Approval of State programs. 6991d. Inspections, monitoring, testing, and correc- tive action. 6991e. Federal enforcement. 6991f. Federal facilities. 6991g. State authority. 6991h. Study of underground storage tanks. 6991i. Operator training. 6991j. Use of funds for release prevention and com- pliance. 6991k. Delivery prohibition. 6991l. Tanks on tribal lands. 6991m. Authorization of appropriations. SUBCHAPTER X—DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM 6992. Scope of demonstration program for medical waste. 6992a. Listing of medical wastes. 6992b. Tracking of medical waste. 6992c. Inspections. 6992d. Enforcement. 6992e. Federal facilities. 6992f. Relationship to State law. 6992g. Repealed. 6992h. Health impacts report. 6992i. General provisions. 6992j. Effective date. 6992k. Authorization of appropriations. SUBCHAPTER I—GENERAL PROVISIONS § 6901. Congressional findings (a) Solid waste The Congress finds with respect to solid waste— (1) that the continuing technological progress and improvement in methods of man- ufacture, packaging, and marketing of con- sumer products has resulted in an ever-mount- ing increase, and in a change in the character- istics, of the mass material discarded by the purchaser of such products; (2) that the econo

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