42 U.S.C. § 4368b — General assistance program

Page 6156 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4368b § 4368b. General assistance program (a) Short title This section may be cited as the ‘‘Indian Envi- ronmental General Assistance Program Act of 1992’’. (b) Purposes The purposes of this section are to— (1) provide general assistance grants to In- dian tribal governments and intertribal con- sortia to build capacity to administer environ- mental regulatory programs that may be dele- gated by the Environmental Protection Agen- cy on Indian lands; and (2) provide technical assistance from the En- vironmental Protection Agency to Indian trib- al governments and intertribal consortia in the development of multimedia programs to address environmental issues on Indian lands. (c) Definitions For purposes of this section: (1) The term ‘‘Indian tribal government’’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in, or established pur- suant to, the Alaska Native Claims Settle- ment Act (43 U.S.C.A. 1601, et seq.)), which is recognized as eligible for the special services provided by the United States to Indians be- cause of their status as Indians. (2) The term ‘‘intertribal consortia’’ or ‘‘intertribal consortium’’ means a partnership between two or more Indian tribal govern- ments authorized by the governing bodies of those tribes to apply for and receive assistance pursuant to this section. (3) The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (d) General assistance program (1) The Administrator of the Environmental Protection Agency shall establish an Indian En- vironmental General Assistance Program that provides grants to eligible Indian tribal govern- ments or intertribal consortia to cover the costs of planning, developing, and establishing envi- ronmental protection programs consistent with other applicable provisions of law providing for enforcement of such laws by Indian tribes on In- dian lands. (2) Each grant awarded for general assistance under this subsection for a fiscal year shall be no less than $75,000, and no single grant may be awarded to an Indian tribal government or intertribal consortium for more than 10 percent of the funds appropriated under subsection (h) of this section. (3) The term of any general assistance award made under this subsection may exceed one year. Any awards made pursuant to this section shall remain available until expended. An Indian tribal government or intertribal consortium may receive a general assistance grant for a pe- riod of up to four years in each specific media area. (e) No reduction in amounts In no case shall the award of a general assist- ance grant to an Indian tribal government or intertribal consortium under this section result in a reduction of Environmental Protection Agency grants for environmental programs to that tribal government or consortium. Nothing in this section shall preclude an Indian tribal government or intertribal consortium from re- ceiving individual media grants or cooperative agreements. Funds provided by the Environ- mental Protection Agency through the general assistance program shall be used by an Indian tribal government or intertribal consortium to supplement other funds provided by the Envi- ronmental Protection Agency through indi- vidual media grants or cooperative agreements. (f) Expenditure of general assistance Any general assistance under this section shall be expended for the purpose of planning, developing, and establishing the capability to implement programs administered by the Envi- ronmental Protection Agency and specified in the assistance agreement. Purposes and pro- grams authorized under this section shall in- clude the development and implementation of solid and hazardous waste programs for Indian lands. An Indian tribal government or inter- tribal consortium receiving general assistance pursuant to this section shall utilize such funds for programs and purposes to be carried out in accordance with the terms of the assistance agreement. Such programs and general assist- ance shall be carried out in accordance with the purposes and requirements of applicable provi- sions of law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (g) Procedures (1) Within 12 months following October 24, 1992, the Administrator shall promulgate regula- tions establishing procedures under which an In- dian tribal government or intertribal consor- tium may apply for general assistance grants under this section. (2) The Administrator shall publish regula- tions issued pursuant to this section in the Fed- eral Register. (3) The Administrator shall establish proce- dures for accounting, auditing, evaluating, and reviewing any programs or activities funded in whole or in part for a general assistance grant under this section. (h) Authorization There are authorized to be appropriated to carry out the provisions of this section, such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998. (i) Report to Congress The Administrator shall transmit an annual report to the appropriate Committees of the Congress with jurisdiction over the applicable environmental laws and Indian tribes describing which Indian tribes or intertribal consortia have been granted approval by the Administrator pursuant to law to enforce certain environ- mental laws and the effectiveness of any such enforcement. (Pub. L. 95–134, title V, § 502, as added Pub. L. 102–497, § 11, Oct. 24, 1992, 106 Stat. 3258; amended Pub. L. 103–155, Nov. 24, 1993, 107 Stat. 1523; Pub. L. 104–233, § 1, Oct. 2, 1996, 110 Stat. 3057.) Page 6157 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4370 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in subsec. (c)(1), 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 Solid Waste Disposal Act, referred to in subsec. (f), 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 this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. CODIFICATION Section was enacted as the Indian Environmental General Assistance Program Act of 1992 and as part of the Omnibus Territories Act of 1977, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. AMENDMENTS 1996—Subsec. (h). Pub. L. 104–233 substituted ‘‘such sums as may be necessary’’ for ‘‘$15,000,000’’. 1993—Subsec. (d)(1). Pub. L. 103–155, § 3(a), inserted ‘‘consistent with other applicable provisions of law pro- viding for enforcement of such laws by Indian tribes’’ after ‘‘programs’’. Subsec. (f). Pub. L. 103–155, § 3(b), inserted at end ‘‘Such programs and general assistance shall be carried out in accordance with the purposes and requirements of applicable provisions of law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).’’ Subsec. (h). Pub. L. 103–155, § 1, substituted ‘‘, 1994, 1995, 1996, 1997, and 1998’’ for ‘‘and 1994’’. Subsec. (i). Pub. L. 103–155, § 2, added subsec. (i). Statutory Notes and Related Subsidiaries AVAILABILITY OF FUNDS FOR WASTE COLLECTION AND DISPOSAL Pub. L. 115–141, div. G, title II, Mar. 23, 2018, 132 Stat. 668, provided in part: ‘‘That hereafter, notwithstanding other applicable provisions of law, the funds appro- priated for the Indian Environmental General Assist- ance Program shall be available to federally recognized tribes for solid waste and recovered materials collec- tion, transportation, backhaul, and disposal services.’’ § 4369. Miscellaneous reports (a) Availability to Congressional committees All reports to or by the Administrator rel- evant to the Agency’s program of research, de- velopment, and demonstration shall promptly be made available to the Committee on Science, Space, and Technology of the House of Rep- resentatives and the Committee on Environ- ment and Public Works of the Senate, unless otherwise prohibited by law. (b) Transmittal of jurisdictional information The Administrator shall keep the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate fully and currently informed with respect to matters falling within or related to the jurisdiction of the committees. (c) Comment by Government agencies and the public The reports provided for in section 5910 1 of this title shall be made available to the public for comment, and to the heads of affected agen- cies for comment and, in the case of rec- ommendations for action, for response. (d) Transmittal of research information to the Department of Energy For the purpose of assisting the Department of Energy in planning and assigning priorities in research development and demonstration activi- ties related to environmental control tech- nologies, the Administrator shall actively make available to the Department all information on research activities and results of research pro- grams of the Environmental Protection Agency. (Pub. L. 95–477, § 5, Oct. 18, 1978, 92 Stat. 1510; Pub. L. 103–437, § 15(c)(6), Nov. 2, 1994, 108 Stat. 4592.) Editorial Notes REFERENCES IN TEXT Section 5910 of this title, referred to in subsec. (c), was repealed by Pub. L. 104–66, title II, § 2021(i), Dec. 21, 1995, 109 Stat. 727. CODIFICATION Section was enacted as part of the Environmental Re- search, Development, and Demonstration Authoriza- tion Act of 1979, and not as part of the National Envi- ronmental Policy Act of 1969 which comprises this chapter. AMENDMENTS 1994—Subsecs. (a), (b). Pub. L. 103–437 substituted ‘‘Science, Space, and Technology’’ for ‘‘Science and Technology’’. § 4369a. Reports on environmental research and development activities of Agency (a) Reports to keep Congressional committees fully and currently informed The Administrator shall keep the appropriate committees of the House and the Senate fully and currently informed about all aspects of the environmental research and development activi- ties of the Environmental Protection Agency. (b) Omitted (Pub. L. 96–229, § 4, Apr. 7, 1980, 94 Stat. 328.) Editorial Notes CODIFICATION Subsec. (b) of this section, which required the Admin- istrator to annually make available to the appropriate committees of Congress sufficient copies of a report fully describing funds requested and the environmental research and development activities to be carried out with these funds, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 24 on page 163 of House Document No. 103–7. Section was enacted as part of the Environmental Re- search, Development, and Demonstration Authoriza- tion Act of 1980, and not as part of the National Envi- ronmental Policy Act of 1969 which comprises this chapter. § 4370. Reimbursement for use of facilities (a) Authority to allow outside groups or individ- uals to use research and test facilities; reim- bursement The Administrator is authorized to allow ap- propriate use of special Environmental Protec-