25 U.S.C. § 3905 — Contract authority

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