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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2733 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2733

  To amend the Solid Waste Disposal Act to bring underground storage 
 tanks into compliance with subtitle I of that Act, to promote cleanup 
 of leaking underground storage tanks, to provide sufficient resources 
        for such compliance and cleanup, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2003

  Mr. Burr (for himself, Mr. Fossella, Mr. Towns, Mr. Gordon, and Mr. 
   Boucher) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To amend the Solid Waste Disposal Act to bring underground storage 
 tanks into compliance with subtitle I of that Act, to promote cleanup 
 of leaking underground storage tanks, to provide sufficient resources 
        for such compliance and cleanup, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Underground Storage Tank Compliance 
Act of 2003''.

SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.

    Section 9004 of the Solid Waste Disposal Act (42 U.S.C. 6991c) is 
amended by adding at the end the following:
    ``(f) Trust Fund Distribution.--
            ``(1) In general.--
                    ``(A) Amount and permitted uses of distribution.--
                The Administrator shall distribute to States not less 
                than 80 percent of the funds from the Trust Fund that 
                are made available to the Administrator under section 
                9013(2)(A) for each fiscal year for use in paying the 
                reasonable costs, incurred under a cooperative 
                agreement with any State--
                            ``(i) actions taken by the State under 
                        section 9003(h)(7)(A);
                            ``(ii) necessary administrative expenses, 
                        as determined by the Administrator, that are 
                        directly related to corrective action and 
                        compensation programs under subsection (c)(1);
                            ``(iii) any corrective action and 
                        compensation program carried out under 
                        subsection (c)(1) for a release from an 
                        underground storage tank regulated under this 
                        subtitle to the extent that, as determined by 
                        the State in accordance with guidelines 
                        developed jointly by the Administrator and the 
                        State, the financial resources of the owner or 
                        operator of the underground storage tank 
                        (including resources provided by a program in 
                        accordance with subsection (c)(1)) are not 
                        adequate to pay the cost of a corrective action 
                        without significantly impairing the ability of 
                        the owner or operator to continue in business;
                            ``(iv) enforcement by the State or a local 
                        government of State or local regulations 
                        pertaining to underground storage tanks 
                        regulated under this subtitle; or
                            ``(v) State or local corrective actions 
                        carried out under regulations promulgated under 
                        section 9003(c).
                    ``(B) Use of funds for enforcement.--In addition to 
                the uses of funds authorized under subparagraph (A), 
                the Administrator may use funds from the Trust Fund 
                that are not distributed to States under subparagraph 
                (A) for enforcement of any regulation promulgated by 
                the Administrator under this subtitle.
                    ``(C) Prohibited uses.--Except as provided in 
                subparagraph (A)(iii), under any similar requirement of 
                a State program approved under this section, or in any 
                similar State or local provision as determined by the 
                Administrator, funds provided to a State by the 
                Administrator under subparagraph (A) shall not be used 
                by the State to provide financial assistance to an 
                owner or operator to meet any requirement relating to 
                underground storage tanks under part 280 of title 40, 
                Code of Federal Regulations (as in effect on the date 
                of enactment of this subsection).
            ``(2) Allocation.--
                    ``(A) Process.--Subject to subparagraph (B), in the 
                case of a State with which the Administrator has 
                entered into a cooperative agreement under section 
                9003(h)(7)(A), the Administrator shall distribute funds 
                from the Trust Fund to the State using the allocation 
                process developed by the Administrator.
                    ``(B) Diversion of state funds.--
                            ``(i) In general.--The Administrator shall 
                        not distribute funds under subsection (a)(3) to 
                        any State that has diverted funds from the 
                        State's State fund or State assurance program, 
                        with the exception of those transfers that had 
                        been completed earlier than the date of 
                        enactment of this subsection.
                            ``(ii) Use of withheld funds.--The 
                        Administrator shall allocate funds withheld 
                        under clause (i) to other States in accordance 
                        with the allocation process developed by the 
                        Administrator.
                    ``(C) Revisions to process.--The Administrator may 
                revise the allocation process referred to in 
                subparagraph (A) with respect to a State only after--
                            ``(i) consulting with State agencies 
                        responsible for overseeing corrective action 
                        for releases from underground storage tanks; 
                        and
                            ``(ii) taking into consideration, at a 
                        minimum, each of the following:
                                    ``(I) The total tax revenue 
                                contributed to the Trust Fund from all 
                                sources within the State.
                                    ``(II) The number of confirmed 
                                releases from federally regulated 
                                leaking underground storage tanks in 
                                the State.
                                    ``(III) The number of federally 
                                regulated underground storage tanks in 
                                the State.
                                    ``(IV) The percentage of the 
                                population of the State that uses 
                                groundwater for any beneficial purpose.
                                    ``(V) The performance of the State 
                                in implementing and enforcing the 
                                program.
                                    ``(VI) The financial needs of the 
                                State.
                                    ``(VII) The ability of the State to 
                                use the funds referred to in 
                                subparagraph (A) in any year.
            ``(3) Distributions to state agencies.--Distributions from 
        the Trust Fund under this subsection shall be made directly to 
        a State agency that
                    ``(A) enters into a cooperative agreement referred 
                to in paragraph (2)(A); or
                    ``(B) is enforcing a State program approved under 
                this section.
            ``(4) Cost recovery prohibition.--Funds from the Trust Fund 
        provided by States to owners or operators under paragraph 
        (1)(A)(iii) shall not be subject to cost recovery by the 
        Administrator under section 9003(h)(6).''.

SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS.

    Section 9005 of the Solid Waste Disposal Act (42 U.S.C. 6991d) is 
amended by inserting the following new subsection at the end thereof:
    ``(c)  Inspection Requirements.--Not later than 2 years after the 
date of enactment of this subsection, the Administrator or a State that 
receives funding from this subtitle, shall conduct on-site inspections 
of all underground storage tanks regulated under this subtitle that 
have not undergone such inspection since December 22, 1998, to 
determine compliance with this subtitle.
    ``(d) State Compliance Programs.--Each State that receives funding 
from this subtitle shall, not later than 2 years after the date of 
enactment of this subsection, develop, in cooperation with the 
Administrator, a State Compliance Assurance Program to ensure that all 
underground storage tanks regulated under this subtitle remain 
compliant with this subtitle. Such programs shall:
            ``(1) include a frequency of inspection requirement; and
            ``(2) provide that inspections conducted under such 
        programs shall be conducted either pursuant to a State program 
        approved under section 9004 or pursuant to a cooperative 
        agreement with the Administrator, or an alternative State 
        inspection program, as approved by the Administrator, as a 
        component of an integrated underground storage tank enforcement 
        program including targeted and for cause inspections.''.

SEC. 4. OPERATOR TRAINING.

    Section 9010 of the Solid Waste Disposal Act is amended to read as 
follows:

``SEC. 9010. OPERATOR TRAINING.

    ``(a) Guidelines.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Underground Storage Tank Compliance Act of 
        2003, in cooperation with States, owners, and operators, the 
        Administrator shall publish in the Federal Register, after 
        public notice and opportunity for comment, guidelines that 
        specify methods for training operators of underground storage 
        tanks.
            ``(2) Considerations.--The guidelines described in 
        paragraph (1) shall take into account each of the following:
                    ``(A) State training programs in existence as of 
                the date of publication of the guidelines.
                    ``(B) training programs that are being employed by 
                owners and operators as of the date of enactment of 
                this paragraph.
                    ``(C) The high turnover rate of operators.
                    ``(D) The frequency of improvement in underground 
                storage tank equipment technology.
                    ``(E) The nature of the businesses in which the 
                operators are engaged.
                    ``(F) Such other factors as the Administrator 
                determines to be necessary to carry out this section.
    ``(b) State Programs.--
            ``(1) In general.--Not later than 2 years after the date on 
        which the Administrator publishes the guidelines under 
        subsection (a)(1), each State shall develop and implement a 
        strategy for the training of operators of underground storage 
        tanks that is consistent with paragraph (2).
            ``(2) Requirements.--A State strategy described in 
        paragraph (1) shall--
                    ``(A) be consistent with subsection (a);
                    ``(B) be developed in cooperation with owners and 
                operators; and
                    ``(C) take into consideration training programs 
                implemented by owners and operators as of the date of 
                enactment of this subsection.
            ``(3) Financial incentive.--The Administrator may award to 
        a State that develops and implements a strategy described in 
        paragraph (1), in addition to any funds that the State is 
        entitled to receive under this subtitle, not more than 
        $200,000, to be used to carry out the strategy.''.

SEC. 5. REMEDIATION FROM ETHER FUEL ADDITIVES.

    Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 
6991b(h)) is amended as follows:
            (1) In paragraph (7)(A)--
                    (A) by striking ``paragraphs (1) and (2) of this 
                subsection'' and inserting ``paragraphs (1), (2), and 
                (12)'' ; and
                    (B) by striking ``and including the authorities of 
                paragraphs (4), (6), and (8) of this subsection'' and 
                inserting ``and the authority under section 9011 and 
                paragraphs (4), (6), and (8),''.
            (2) By adding at the end the following:
            ``(12) Remediation of ether fuel contamination.--
                    ``(A) In general.--The Administrator and the States 
                may use funds made available under section 9013(2)(B) 
                to carry out corrective actions with respect to a 
                release of an ether fuel additive that presents a 
                threat to human health or welfare or the environment
                    ``(B) Applicable authority.--The Administrator or a 
                State shall carry out subparagraph (A) in accordance 
                with paragraph (2), and in the case of a State, in 
                accordance with a cooperative agreement entered into by 
                the Administrator and the State under paragraph (7).''.

SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND ENFORCEMENT.

    (a) Release Prevention and Compliance.--Subtitle I of the Solid 
Waste Disposal Act (42 U.S.C. 6991 et seq.) (as amended by section 4 of 
this Act) is amended by adding at the end the following:

``SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND COMPLIANCE.

    ``Funds made available under section 9013(2)(D) from the Trust Fund 
may be used to conduct inspections, issue orders, or bring actions 
under this subtitle--
            ``(1) by a State, in accordance with a grant or cooperative 
        agreement with the Administrator, of State regulations 
        pertaining to underground storage tanks regulated under this 
        subtitle; and
            ``(2) by the Administrator, under this subtitle (including 
        under a State program approved under section 9004).''.
    (b) Government Owned Tanks.--Section 9003 of the Solid Waste 
Disposal Act (42 U.S.C. 6991b) is amended by adding at the end the 
following:
    ``(i) Government Owned Tanks.--
            ``(1) Implementation report.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subsection, each State shall 
                submit to the Administrator an implementation report 
                that--
                            ``(i) lists the location and owner of each 
                        underground storage tank described in 
                        subparagraph (B) in the State that, as of the 
                        date of submission of the report, is not in 
                        compliance with this subtitle;
                            ``(ii) specifies the date of the last 
                        inspection by a State or Federal inspector of 
                        each underground storage tank described in 
                        clause (i);
                            ``(iii) lists each violation of this 
                        subtitle respecting any underground storage 
                        tank described in clause (i); and
                            ``(iv) describes the actions that have been 
                        and will be taken to ensure compliance by the 
                        underground storage tank listed under clause 
                        (i) with this subtitle.
                    ``(B) Underground storage tank.--An underground 
                storage tank described in this subparagraph is an 
                underground storage tank that is regulated under this 
                subtitle, and owned or operated by the State government 
                or any local government.
                    ``(C) Public availability.--The Administrator shall 
                make each report received under subparagraph (A) 
                available to the public through an appropriate media.
            ``(2) Financial incentive.--The Administrator may award to 
        a State that develops an implementation report described in 
        paragraph (1), in addition to any funds that the State is 
        entitled to receive under this subtitle, not more than $50,000, 
        to be used to carry out the implementation report.
            ``(3) Not a safe harbor.--This subsection does not relieve 
        any person from any obligation or requirement under this 
        subtitle.''.
    (c) Incentive for Performance.--Section 9006 of the Solid Waste 
Disposal Act (42 U.S.C. 6991e) is amended by adding at the end the 
following:
    ``(e) Incentive for Performance.--In determining the terms of, or 
whether to issue, a compliance order under subsection (a), or the 
amount of, or whether to issue, a civil penalty under subsection (d), 
the Administrator, or a State under a program approved under section 
9004, shall take into consideration whether an owner or operator--
            ``(1) has a history of operating underground storage tanks 
        of the owner or operator in accordance with this subtitle; or a 
        State program approved under section 9004; or
            ``(2) has repeatedly violated this subtitle; or a State 
        program approved under section 9004; or
            ``(3) has implemented a program, consistent with guidelines 
        published under section 9010, that provides training to persons 
        responsible for operating any underground storage tank of the 
        owner or operator.
    ``(f) Delivery Prohibition.--
            ``(1) Requirements.--
                    ``(A) Prohibition of delivery.--Subject to 
                paragraph (2), beginning 6 months after the date of 
                enactment of this subsection, it shall be unlawful to 
                deliver to or accept a regulated substance into an 
                underground storage tank listed on the Delivery 
                Prohibition Rosters established by the Administrator 
                and each State that receives funding under this 
                subtitle under subparagraph (B).
                    ``(B) Delivery prohibition roster.--
                            ``(i) In general.--The Administrator and 
                        each State implementing agency that receives 
                        funding under this subtitle shall establish 
                        within 5 months after the date of enactment a 
                        Delivery Prohibition Roster listing underground 
                        storage tanks under the Administrator's or the 
                        State's jurisdiction that are not in compliance 
                        with a requirement or standard promulgated by 
                        the Administrator under section 9003 or a 
                        requirement or standard of a State program 
                        approved under section 9004.
                            ``(ii) Notification.--The Administrator and 
                        the State shall, make readily known to 
                        underground storage tank owners and operators 
                        and to product delivery industries, the 
                        underground storage tanks listed on a Delivery 
                        Prohibition Roster by (I) posting such Rosters, 
                        including the physical location and street 
                        address of each listed underground storage 
                        tank, on official web sites; (II) mailing 
                        within 7 days of the addition of an underground 
                        storage tank to a Delivery Prohibition Roster a 
                        certified letter to each supplier of motor fuel 
                        to such an underground storage tank within the 
                        last 30 days notifying the supplier that the 
                        tank has been listed; (III) notifying suppliers 
                        by other electronic means available; and (IV) 
                        updating these Rosters periodically.
                            ``(iii) Roster updates.--The Administrator 
                        and the State shall update the Delivery 
                        Prohibition Rosters 15 calendar days prior to 
                        the first day of each calendar month.
            ``(2) Limitation.--
                    ``(A) Specified geographic area.--Subject to 
                paragraph (B), under paragraph (1), the Administrator 
                or a State shall not include an underground storage 
                tank on a Delivery Prohibition Roster if such a 
                delivery prohibition would jeopardize the availability 
                of, or access to, fuel in any specified geographic 
                area.
                    ``(B) Applicability of limitation.--The limitation 
                under subparagraph (A) shall apply only during the 180-
                day period following the date of a determination by the 
                Administrator or the appropriate State that exercising 
                the authority of paragraph (1) is limited by 
                subparagraph (A).
                    ``(C) Guidelines.--Not later than 6 months after 
                the date of enactment of this subsection, the 
                Administrator shall issue guidelines that define the 
                term `specified geographic area' for the purpose of 
                subparagraph (A).
            ``(3) Authority to issue guidelines.--The Administrator, 
        after consultation with the States, shall issue guidelines for 
        carrying out this subsection within 3 months of the date of 
        enactment of this subsection.
            ``(4) Enforcement and penalties.--The Administrator may use 
        the authority under the enforcement, compliance, or penalty 
        provisions of this subtitle to carry out this subsection.
            ``(5) Effect on state authority.--Nothing in this 
        subsection shall affect the authority of a State to prohibit 
        the delivery of a regulated substance to an underground storage 
        tank.
            ``(6) Defense to violation.--A person shall not be in 
        violation of paragraph (1)(A) if the underground storage tank 
        into which a regulated substance is delivered is not listed on 
        the Administrator's or the appropriate State's Prohibited 
        Delivery Roster 15 calendar days prior to the delivery being 
        made.
            ``(7) Sunset.--This subsection shall cease to be effective 
        42 months after the date of enactment.''.
    (d) Public Record.--Section 9002 of the Solid Waste Disposal Act 
(42 U.S.C. 6991a) is amended by adding at the end the following:
    ``(d) Public Record.--
            ``(1) In general.--The Administrator shall require each 
        State and Indian tribe that receives funds under this subtitle 
        to maintain, update at least annually, and make available to 
        the public, in such manner and form as the Administrator shall 
        prescribe (after consultation with States and Indian tribes), a 
        record of underground storage tanks regulated under this 
        subtitle.
            ``(2) Considerations.--To the maximum extent practicable, 
        the public record of a State or Indian tribe, respectively, 
        shall include, for each year each of the following:
                    ``(A) The number, sources, and causes of 
                underground storage tank releases in the State or 
                tribal area.
                    ``(B) The record of compliance by underground 
                storage tanks in the State or tribal area with this 
                subtitle; or an applicable State program approved under 
                section 9004.
                    ``(C) Data on the number of underground storage 
                tank equipment failures in the State or on tribal land.
            ``(3) Availability.--The Administrator shall make the 
        public record of each State and Indian tribe under this section 
        available to the public electronically.''.

SEC. 7. FEDERAL FACILITIES.

    Section 9007 of the Solid Waste Disposal Act (42 U.S.C. 6991f) is 
amended to read as follows:

``SEC. 9007 FEDERAL FACILITIES.

    ``(a) In General.--Each department, agency, and instrumentality of 
the executive, legislative, and judicial branches of the Federal 
Government shall be subject to, and comply with, all Federal, State, 
interstate, and local requirements, both substantive and procedural 
(including any requirements for permits or reporting or any provisions 
for injunctive relief and such sanctions as may be imposed by a court 
to enforce such relief), respecting underground storage tanks in the 
same manner, and to the same extent, as any person is subject to such 
requirements if such department, agency, or instrumentality--
            ``(1) has jurisdiction over any underground storage tank or 
        underground storage tank system, or
            ``(2) engaged in any activity resulting, or which may 
        result, in the installation, operation, management, or closure 
        of any underground storage tank, release response activities 
        thereto, or in the delivery of any regulated substance to an 
        underground storage tank or underground storage tank system.
    ``(b) Waiver of Soverign Immunity.--The United States hereby 
expressly waives any immunity otherwise applicable to the United States 
with respect to the substantive and procedural requirements of 
subsection (a).
    ``(c) Liability.--
            ``(1) Neither the United States, nor any agent, employee, 
        or officer thereof, shall be immune or exempt from any process 
        or sanction of any State or Federal Court with respect to a 
        violation of the substantive and procedural requirements of 
        subsection (a).
            ``(2) No agent, employee, or officer of the United States 
        shall be personally liable for any civil penalty under any 
        Federal, State, or local law concerning underground storage 
        tanks with respect to any act or omission within the scope of 
        the official duties of the agent, employee, or officer, 
        provided that an agent, employee, or officer of the United 
        States shall be subject to any criminal sanction (including, 
        but not limited to, any fine or imprisonment) under any Federal 
        or State law concerning underground storage tanks.
    ``(d) Exemptions.--
            ``(1) In general.--The President may exempt any underground 
        storage tank of any department, agency, or instrumentality in 
        the executive branch from compliance with Federal or State 
        requirements with respect to underground storage tanks if he 
        determines it to be in the paramount interest of the United 
        States to do so.
            ``(2) Restriction on exemption.--No exemption shall be 
        granted under paragraph (1) due to lack of appropriation unless 
        the President shall have specifically requested such 
        appropriation as a part of the budgetary process and the 
        Congress shall have failed to make available such requested 
        appropriation.
            ``(3) Exemption time limit.--Any exemption granted under 
        paragraph (1) shall be for a period not in excess of one year, 
        but additional exemptions may be granted for periods not to 
        exceed one year upon the President's making a new 
        determination.
            ``(4) Report on exemptions.--The President shall report 
        each January to the Congress all exemptions from the 
        requirements of this subtitle granted during the preceding 
        calendar year, together with his reason for granting each such 
        exemption.
    ``(e) Review of, and Report on, Federal Underground Storage 
Tanks.--
            ``(1) Review.-- Not later than 9 months after the date of 
        enactment of this subsection, the Administrator, in cooperation 
        with each Federal agency that owns or operates 1 or more 
        underground storage tanks or that manages land on which 1 or 
        more underground storage tanks are located, shall review the 
        status of compliance of those underground storage tanks with 
        this subtitle.
            ``(2) Implementation report.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of this subsection, each Federal 
                agency described in paragraph (1) shall submit to the 
                Administrator and to each State in which an underground 
                storage tank described in paragraph (1) is located an 
                implementation report that--
                            ``(i) lists the location and owner of each 
                        underground storage tank described in paragraph 
                        (1) that, as of the date of submission of the 
                        report, is not in compliance with this 
                        subtitle;
                            ``(ii) specifies the date of the last 
                        inspection by a State or Federal inspector of 
                        each underground storage tank described in 
                        clause (i);
                            ``(iii) lists each violation of this 
                        subtitle respecting any underground storage 
                        tank described in clause (i); and
                            ``(iv) describes the actions that have been 
                        and will be taken to ensure compliance by the 
                        underground storage tank with this subtitle.
                    ``(B) Public availability.-- The Administrator 
                shall make each report received under subparagraph (A) 
                available to the public through electronic means.
            ``(3) not a safe harbor.--This subsection does not relieve 
        any person from any obligation or requirement under this 
        subtitle.''.

SEC. 8. TANKS UNDER THE JURISDICTION OF INDIAN TRIBES.

    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) 
is amended by inserting after section 9011 (as added by section 6(a)) 
the following:

``SEC. 9012. TANKS UNDER THE JURISDICTION OF INDIAN TRIBES.

    ``(a) Strategy.--The Administrator, in coordination with Indian 
tribes, shall take each of the following actions:
            ``(1) Not later than 1 year after the date of enactment of 
        this section, the Administrator shall develop and implement a 
        strategy--
                    ``(A) giving priority to releases that present the 
                greatest threat to human health or the environment, to 
                take necessary corrective action in response to 
                releases from leaking underground storage tanks located 
                wholly within the boundaries of--
                            ``(i) an Indian reservation; or
                            ``(ii) any other area under the 
                        jurisdiction of an Indian tribe; and
                    ``(B) to implement and enforce requirements 
                concerning underground storage tanks located wholly 
                within the boundaries of--
                            ``(i) an Indian reservation; or
                            ``(ii) any other area under the 
                        jurisdiction of an Indian tribe; and
            ``(2) Not later than 2 years after the date of enactment of 
        this section and every 2 years thereafter, the Administrator 
        shall submit to Congress a report that summarizes the status of 
        implementation and enforcement of the leaking underground 
        storage tank program in areas located wholly within--
                    ``(A) the boundaries of Indian reservations; and
                    ``(B) any other areas under the jurisdiction of an 
                Indian tribe.
            ``(3) The Administrator shall make the report described in 
        paragraph (2) available to the public on the Internet.
    ``(b) Not a Safe Harbor.--This section does not relieve any person 
from any obligation or requirement under this subtitle.
    ``(c) State Authority.--Nothing in this section applies to any 
underground storage tank that is located in an area under the 
jurisdiction of a State, or that is subject to regulation by a State, 
as of the date of enactment of this section.''.

SEC. 9. STATE AUTHORITY.

    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) 
(as amended by section 8) is amended by adding a the end the following:

``SEC. 9013. STATE AUTHORITY.

    ``Nothing in this subtitle precludes a State from establishing any 
requirement that is more stringent than a requirement under this 
subtitle.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) 
(as amended by section 9) is amended by adding at the end the 
following:

``SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator the 
following amounts:
            ``(1) To carry out subtitle I (except sections 9003(h), 
        9005(a), 9011 and 9012) $2550,000,000 for each of fiscal years 
        2005 through 2009.
            ``(2) From the Trust Fund, notwithstanding section 
        9508(c)(1) of the Internal Revenue Code of 1986:
                    ``(A) to carry out section 9003(h) (except section 
                9003(h)(12)) $200,000,000 for each of fiscal years 2005 
                through 2009;
                    ``(B) to carry out section 9003(h)(12), 
                $200,000,000 for each of fiscal years 2005 through 
                2009;
                    ``(C) to carry out section 9005(a) and 9006(f)--
                            ``(i) $60,000,000 for each of fiscal years 
                        2005 and 2006; and
                            ``(ii) $40,000,000 for each of fiscal years 
                        2007 through 2009; and
                    ``(D) to carry out section 9011 and 9012 (except 
                for activities where funds are made available under 
                9005(c)) $100,000,000 for each of fiscal years 2005 
                through 2009.''.

SEC. 11. CONFORMING AMENDMENTS.

    (a) In General.--Section 9001 of the Solid Waste Disposal Act (42 
U.S.C. 6991) is amended as follows:
            (1) By striking ``For the purposes of this subtitle--'' and 
        inserting ``In this subtitle''.
            (2) By redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), (7), and (8) as paragraphs (10), (7), (4), (3), (8), (5), 
        (2), and (6), respectively.
            (3) By inserting before paragraph (2) (as redesignated by 
        paragraph (2)) the following:
            ``(1) Indian tribe.--
                    ``(A) In general.-- The term `Indian tribe' means 
                any Indian tribe, band, nation, or other organized 
                group or community that is recognized as being eligible 
                for special programs and services provided by the 
                United States to Indians because of their status as 
                Indians.
                    ``(B) Inclusions.--The term `Indian tribe' includes 
                an Alaska Native village age, as defined in or 
                established under the Alaska Native Claims Settlement 
                Act (43 U.S.C. 1601 et seq.); and''.
            (4) By inserting after paragraph (8) (as redesignated by 
        paragraph (2)) the following:
            ``(9) Trust fund.-- The term `Trust Fund' means the Leaking 
        Underground Storage Tank Trust Fund established by section 9508 
        of the Internal Revenue Code of 1986.''.
    (b) Conforming Amendments.--The Solid Waste Disposal Act is amended 
as follows:
            (1) Section 9003(f) (42 U.S.C. 6991b(f)) is amended--
                    (A) in paragraph (1), by striking ``9001(2)(B)'' 
                and inserting ``9001(7)(B)''; and
                    (B) in paragraphs (2) and (3), by striking 
                ``9001(2)(A)'' each place it appears and inserting 
                ``9001(7)(A)''.
            (2) Section 9003(h) (42 U.S.C. 6991b(h)) is amended in 
        paragraphs (1), (2)(C), (7)(A), and (11) by striking ``Leaking 
        Underground Storage Tank Trust Fund'' each place it appears and 
        inserting ``Trust Fund''.
            (3) Section 9009 (42 U.S.C. 6991h) is amended--
                    (A) in subsection (a), by striking ``9001(2)(B)'' 
                and inserting ``9001(7)(B)''; and
                    (B) in subsection (d), by striking ``section 
                9001(1) (A) and (B)'' and inserting ``subparagraphs (A) 
                and (B) of section 9001(10)''.

SEC. 12. TECHNICAL AMENDMENTS.

    The Solid Waste Disposal Act is amended as follows:
    
            (1) Section 9001(4)(A) (42 U.S.C. 6991(4)(A)) (as amended 
        by section 9(a)(2)) is amended by striking ``substances'' and 
        inserting ``substances''.
            (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is amended 
        by striking ``subsection (c) and (d) of this section'' and 
        inserting ``subsections (c) and (d)''.
            (3) Section 9004(a) (42 U.S.C. 6991c(a)) is amended by 
        striking ``in 9001(2) (A) or (B) or both'' and inserting ``in 
        subparagraph (A) or (B) of section 9001(7)''.
            (4) Section 9005 (42 U.S.C. 6991d) (as amended by section 
        3) is amended--
                    (A) in subsection (b), by striking ``study taking'' 
                and inserting ``study, taking'';
                    (B) in subsection (c)(1), by striking ``relevant'' 
                and inserting ``relevant''; and
                    (C) in subsection (c)(4), by striking 
                ``Environmental'' and inserting ``Environmental''.
                                 <all>
```