Indian Lands Open Dump Cleanup Act of 1994
PL 103-399 (S.720), enacted 10/22/1994

108 STAT. 4164 
PUBLIC LAW 103-399—OCT. 22, 1994 
Public Law 103-399 
103d Congress 
An Act 
Oct. 22, 1994 
[S. 720] 
To clean up open dumps on Indian lands, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Indian Lands 
fjig United States of America in Congress assembled, 
Open Dump 
Cleanup Act of 
SECTION 1. SHORT TITLE. 
1994. 
25 use 3901 
This Act may be cited as the "Indian Lands Open Dump 
note. 
Cleanup Act of 1994". 
25 use 3901. 
SEC. 2. 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 enti-
ties 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 Act 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 £ire more stringent than the Federal 
standards. 
25 u s e 3902. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act, 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 
PUBLIC LAW 103-399—OCT. 22, 1994 
108 STAT. 4165 
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 subse-
quently 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. 1600 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.; com-
monly 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. 1600 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 
6944 of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) 
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 promul-
gated pursuEint 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. 
108 STAT. 4166 
PUBLIC LAW 103-399—OCT. 22, 1994 
25 use 3903. 
SEC. 4. INVENTORY OF OPEN DUMPS. 
(a) STUDY AND INVENTORY.—Not later than 12 months after 
the date of enactment of this Act, 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 Environ-
mental 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 inven-
tory 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 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 govern-
ment and Alaska Native entity. 
25 use 3904. 
SEC. 5. AUTHORITY OF THE DIRECTOR OF THE INDIAN HEALTH SERV-
ICE. 
(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 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, determines that additional actions such as soil 
testing or water monitoring would be appropriate in the cir-
cumstances; 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 rel-
ative severity made under paragraph (1)(B). 
PUBLIC LAW 103-399—OCT. 22, 1994 
108 STAT. 4167 
(b) ASSISTANCE.—Upon completion of the activities required 
to be performed pursuant to subsection (a), the Director shall, 
subject to subsection (c), 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) 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 consulta-
tion 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. 
SEC. 6. CONTRACT AUTHORITY. 
25 USC 3905. 
(a) AUTHORITY OF DIRECTOR.—To the maximum extent feasible, 
the Director shall carry out duties under this Act through contracts, 
compacts, or memoranda of agreement with Indian tribal govern-
ments or Alaska Native entities pursuant to the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450 et seq.), 
section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), or section 
302 of the Indian Health Care Improvement Act (25 U.S.C. 1632). 
(b) COOPERATIVE AGREEMENTS.—The Director is authorized, for 
purposes of carrying out the duties of the Director under this 
Act, to contract with or enter into such cooperative agreements 
with such other Federal agencies as is considered necessary to 
provide cost-sharing for closure and postclosure activities, to obtain 
necessary technical and financial assistance and expertise, and 
for such other purposes as the Director considers necessary. 
SEC. 7. TRIBAL DEMONSTRATION PROJECT. 
25 USC 3906. 
(a) IN GENERAL.—The Director may establish and carry out 
a program providing for demonstration projects involving open 
dumps on Indian land or Alaska Native land. It shall be the 
purpose of such projects to determine if there are unique cost 
factors involved in the cleanup and maintenance of open dumps 
on such land, and the extent to which advanced closure planning 
is necessary. Under the program, the Director is authorized to 
select no less than three Indian tribal governments or Alaska Native 
entities to participate in such demonstration projects. 
(b) CRITERIA.—Criteria established by the Director for the selec-
tion and participation of an Indian tribal government or Alaska 
Native entity in the demonstration project shall provide that in 
order to be eligible to participate, an Indian tribal government 
or Alaska Native entity must— 
(1) have one or more existing open dumps on Indian lands 
or Alaska Native lands which are under its authority; 
(2) have developed a comprehensive solid waste manage-
ment plan for such lands; and 
(3) have developed a closure and postclosure maintenance 
plan for each dump located on such l£inds. 
(c) DURATION OF FUNDING FOR A PROJECT.—NO demonstration 
project shall be funded for more than three fiscal years. 
108 STAT. 4168 
PUBLIC LAW 103-399—OCT. 22, 1994 
25 u s e 3907. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) GENERAL AUTHORIZATION.—There are authorized to be 
appropriated such sums as may be necessary to carry out this 
Act. 
(b) COORDINATION.—The activities required to be performed 
by the Director under this Act shall be coordinated with activities 
related to solid waste and sanitation facilities funded pursuant 
to other authorizations. 
25 u s e 3908. 
SEC. 9. DISCLAIMERS. 
(a) AUTHORITY OF DIRECTOR.—Nothing in this Act shall be 
construed to alter, diminish, repeal, or supersede any authority 
conferred on the Director pursuant to section 302 of the Indian 
Health Care Improvement Act (25 U.S.C. 1632), and section 7 
of the Act of August 5, 1954 (42 U.S.C. 2004a). 
(b) EXEMPTED LANDS AND FACILITIES.—This Act shall not apply 
to open dump sites on Indian lands or Alaska Native lands— 
(1) that comprise an area of one-half acre or less and 
that are used by individual families on lands to which they 
hold legal or beneficial title; 
(2) of any size that have been or are being operated for 
a profit; or 
(3) where solid waste from an industrial process is being 
or has been routinely disposed of at a privately owned facility 
in compliance with applicable Federal laws. 
(c) RULES OF CONSTRUCTION.—(1) Nothing in this Act shall 
be construed to amend or modify the authority or responsibility 
of the Administrator of the Environmental Protection Agency under 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
(2) Nothing in this Act is intended to amend, repeal, or super-
sede any provision of the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.). 
Approved October 22, 1994. 
L E G I S L A T I V E H I S T O R Y — S . 720: 
HOUSE REPORTS: No. 103-783 (Comm. on Natural Resources). 
SENATE REPORTS: No. 103-253 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
May 12, considered and passed Senate. 
Oct. 4, 5, considered and passed House, amended. 
Oct. 8, Senate concurred in House amendment.