[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 720 Reported in House (RH)]

                                                 Union Calendar No. 430

103d CONGRESS

  2d Session

                                 S. 720

                          [Report No. 103-783]

_______________________________________________________________________

                                 AN ACT

    To clean up open dumps on Indian lands, and for other purposes.

_______________________________________________________________________

                            October 3, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
                                                 Union Calendar No. 430
103d CONGRESS
  2d Session
                                 S. 720

                          [Report No. 103-783]

    To clean up open dumps on Indian lands, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 1994

             Referred to the Committee on Natural Resources

                            October 3, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House, on the State of the Union and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 17, 
                                 1994]

_______________________________________________________________________

                                 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 being or has been routinely and 
        regularly disposed of that has not been closed or covered or 
        that does not meet the criteria for a new municipal solid waste 
        landfill unit promulgated pursuant to subtitle D of the Solid 
        Waste Disposal Act (42 U.S.C. 6941 et seq.).
            (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.
    (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.--Upon request by an Indian tribal 
government or Alaska Native entity, the Director shall--
            (1) 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;
            (2) 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
            (3) develop cost estimates for the closure and postclosure 
        maintenance of such dumps.
    (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 a 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.

            Passed the Senate May 12 (legislative day, May 2), 1994.

            Attest:

                                                MARTHA S. POPE,

                                                             Secretary.