25 U.S.C. § 3902 — Definitions

Page 621 TITLE 25—INDIANS § 3902 (3) provide financial and technical assistance to Indian tribal governments and Alaska Na- tive entities, either directly or by contract, to close such dumps in compliance with applica- ble 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. (Pub. L. 103–399, § 2, Oct. 22, 1994, 108 Stat. 4164.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 103–399, § 1, Oct. 22, 1994, 108 Stat. 4164, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Indian Lands Open Dump Cleanup Act of 1994’.’’ § 3902. Definitions For the purposes of this chapter, the following definitions shall apply: (1) Closure or close The term ‘‘closure or close’’ means the ter- mination of operations at open dumps on In- dian land or Alaska Native land and bringing such dumps into compliance with applicable Federal standards and regulations, or stand- ards promulgated by an Indian tribal govern- ment or Alaska Native entity, if such stand- ards 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 reserva- tion; (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 allot- ments. (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 recon- veyed under section 14(c)(3) of that Act (43 U.S.C. 1613(c)(3)), and (B) land conveyed pursu- ant 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 vil- lage 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 cri- teria promulgated under section 4004 of the Solid Waste Disposal Act (42 U.S.C. 6944) and which is not a facility for disposal of haz- ardous 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 integ- rity of containment features, monitor compli- ance 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. (Pub. L. 103–399, § 3, Oct. 22, 1994, 108 Stat. 4164; Pub. L. 104–109, § 5, Feb. 12, 1996, 110 Stat. 764.) Editorial Notes 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, which is classified generally to chapter 33 (§ 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, which is classi- fied principally to chapter 24 (§ 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, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle D of the Act is classified generally to subchapter IV (§ 6941 et seq.) of chapter 82 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables. 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.)’’. Page 622 TITLE 25—INDIANS § 3903 1 See References in Text note below. § 3903. Inventory of open dumps (a) Study and inventory Not later than 12 months after October 22, 1994, the Director shall conduct a study and in- ventory of open dumps on Indian lands and Alas- ka Native lands. The inventory shall list the ge- ographic location of all open dumps, an evalua- tion of the contents of each dump, and an assess- ment 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 En- vironmental Protection Agency. The Director shall obtain the concurrence of the Adminis- trator in the determination of relative severity made by any such assessment. (b) Annual reports Upon completion of the study and inventory under subsection (a), 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 pri- ority 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 imple- mentation 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. (Pub. L. 103–399, § 4, Oct. 22, 1994, 108 Stat. 4166.) § 3904. Authority of Director of Indian Health Service (a) Reservation inventory (1) Upon request by an Indian tribal govern- ment 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 govern- ment 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, de- termines that additional actions such as soil testing or water monitoring would be appro- priate 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 coop- eratively with the Administrator of the Envi- ronmental Protection Agency. The Director shall obtain the concurrence of the Adminis- trator 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), the Di- rector shall, subject to subsection (c), provide fi- nancial 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) 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. (Pub. L. 103–399, § 5, Oct. 22, 1994, 108 Stat. 4166.) § 3905. Contract authority (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.),1 section 2004a of title 42, or section 1632 of this title. (b) Cooperative agreements The Director is authorized, for purposes of car- rying out the duties of the Director under this chapter, to contract with or enter into such co- operative agreements with such other Federal agencies as is considered necessary to provide cost-sharing for closure and postclosure activi- ties, to obtain necessary technical and financial assistance and expertise, and for such other pur- poses as the Director considers necessary. (Pub. L. 103–399, § 6, Oct. 22, 1994, 108 Stat. 4167.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (a), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified prin- cipally to subchapter II (§ 450 et seq.) of chapter 14 of this title, prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. § 3906. Tribal demonstration project (a) In general The Director may establish and carry out a program providing for demonstration projects