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 construed to alter, diminish, repeal, or supersede any author- ity conferred on the Director pursuant to sec- tion 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 responsi- bility of the Administrator of the Environ- mental 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.). (Pub. L. 103–399, § 9, Oct. 22, 1994, 108 Stat. 4168.) Editorial Notes 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, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables. CHAPTER 42—AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM Sec. 4001. Definitions. SUBCHAPTER I—RECOGNITION OF TRUST RESPONSIBILITY 4011 Responsibility of Secretary to account for daily and annual balances of Indian trust funds. 4012. Authority for payment of claims for interest owed. SUBCHAPTER II—INDIAN TRUST FUND MANAGEMENT PROGRAM 4021. Purpose. 4022. Voluntary withdrawal from trust funds pro- gram. 4023. Judgment funds. 4024. Technical assistance. 4025. Grant program. 4026. Return of withdrawn funds. 4027. Savings provision. 4028. Report to Congress. 4029. Regulations. SUBCHAPTER III—SPECIAL TRUSTEE FOR AMERICAN INDIANS 4041. Purposes. 4042. Office of Special Trustee for American Indi- ans. 4043. Authorities and functions of Special Trustee. 4044. Reconciliation report. 4045. Staff and consultants. 4046. Advisory board. SUBCHAPTER IV—AUTHORIZATION OF APPROPRIATIONS 4061. Authorization of appropriations. § 4001. Definitions For the purposes of this chapter: (1) The term ‘‘Special Trustee’’ means the Special Trustee for American Indians ap- pointed under section 4042 of this title. (2) The term ‘‘Indian tribe’’ means any In- dian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corpora- tion as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is rec- ognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.