[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 720 Enrolled Bill (ENR)]

        S.720

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To clean up open dumps on Indian lands, 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 ``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.