Page 699 TITLE 25—INDIANS § 3905

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, as amended, 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, as amended,

which is classified 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 classification 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.)’’.

§ 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 inventory of open dumps on Indian lands and Alaska Native lands. The inventory shall list the geographic location of all open dumps, an evaluation of the contents of each dump, and an assessment 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 Environmental Protection Agency. The Director

shall obtain the concurrence of the Administrator in the determination of relative severity

made by any such assessment.

(b) Annual reports

Upon completion of the study and inventory

under subsection (a) of this section, 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 priority 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 implementation 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 government 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 government 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, determines that additional actions such as soil

testing or water monitoring would be appropriate 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 cooperatively with the Administrator of the Environmental Protection Agency. The Director

shall obtain the concurrence of the Administrator 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) of this

section, the Director shall, subject to subsection

(c) of this section, provide financial 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) of this section 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.), section 2004a of title

42, or section 1632 of this title.