§ 3901 TITLE 25—INDIANS Page 698

Sec.

(a) Authority of Director.

(b) Exempted lands and facilities.

(c) Rules of construction.

§ 3901. Findings and purposes

(a) Findings

The Congress finds that—

(1) there are at least 600 open dumps on Indian and Alaska Native lands;

(2) these dumps threaten the health and safety of residents of Indian and Alaska Native

lands and contiguous areas;

(3) many of these dumps were established or

are used by Federal agencies such as the Bureau of Indian Affairs and the Indian Health

Service;

(4) these dumps threaten the environment;

(5) the United States holds most Indian

lands in trust for the benefit of Indian tribes

and Indian individuals; and

(6) most Indian tribal governments and Alaska Native entities lack the financial and technical resources necessary to close and maintain these dumps in compliance with applicable Federal laws.

(b) Purposes

The purposes of this chapter are to—

(1) identify the location of open dumps on

Indian lands and Alaska Native lands;

(2) assess the relative health and environmental hazards posed by such dumps; and

(3) provide financial and technical assistance

to Indian tribal governments and Alaska Native entities, either directly or by contract, to

close such dumps in compliance with applicable 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.)

SHORT TITLE

Section 1 of Pub. L. 103–399 provided 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 termination of operations at open dumps on Indian land or Alaska Native land and bringing

such dumps into compliance with applicable

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 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 reservation;

(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 allotments.

(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 reconveyed under section 14(c)(3) of that Act (43

U.S.C. 1613(c)(3)), and (B) land conveyed pursuant 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 village 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 criteria promulgated under section 4004 of the

Solid Waste Disposal Act (42 U.S.C. 6944) and

which is not a facility for disposal of hazardous 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 integrity of containment features, monitor compliance 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.)