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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Indian Lands Open Dump Cleanup Act
of 1994''.

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 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 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 are
more stringent than the Federal standards.

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 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. 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.; 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. 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 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.

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 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), 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.
SEC. 5. AUTHORITY OF THE DIRECTOR OF THE 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), 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 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.

SEC. 6. CONTRACT AUTHORITY.

(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 governments or
Alaska Native entities pursuant to the Indian Self-Determination 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.

(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
selection 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 management plan
for such lands; and
(3) have developed a closure and postclosure maintenance plan
for each dump located on such lands.
(c) Duration of Funding for a Project.--No demonstration project
shall be funded for more than three fiscal years.

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.

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 supersede
any provision of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Indian Lands Open Dump Cleanup Act of 1994 - Requires the Director of the Indian Health Service to: (1) study and inventory open dumps on Indian and Alaska Native lands; and (2) develop and implement a ten-year plan to address solid waste disposal needs on such lands.
Requires the Director, upon request, to evaluate the health threat of open dumps and provide financial and technical assistance to tribal and Alaska Native entities to close such dumps and provide postclosure maintenance.
Authorizes the Director to carry out at least three tribal or Alaska Native dump closure demonstration projects.
Authorizes appropriations.