[Congressional Record Volume 140, Number 18 (Friday, February 25, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DORGAN:
  S. 1873. A bill to amend the Solid Waste Disposal Act to permit 
Governors to limit the disposal of out-of-State municipal and 
industrial waste in States, and for other purposes; to the Committee on 
Environment and Public Works.


interstate transportation of municipal and industrial waste act of 1994

 Mr. DORGAN. Mr. President, today I am introducing legislation 
that would provide States with the authority to regulate municipal and 
industrial waste being imported and deposited within their borders. The 
legislation I am introducing today is very similar to a bill that my 
colleague Senator Coats introduced last year which would grant States 
the authority to restrict imports of municipal waste. That bill, S. 
439, the Interstate Transportation of Municipal Waste Act of 1993, only 
relates to municipal waste. I am a co-sponsor of Senator Coats' bill 
because I believe that it is important that States should have a say 
with respect to imported waste that is being deposited within their 
borders. However, I believe that this authority needs to be applied to 
industrial as well as to municipal waste. That is the only distinction 
between the bill I am introducing today and S. 439: My bill applies to 
both municipal and industrial waste, whereas S. 439, only affects 
municipal waste imports.
  Without congressional action, the States cannot impose restrictions 
on the interstate flow of waste originating in another State. The 
commerce clause of the Constitution gives the Congress, not the States, 
the power to regulate interstate commerce and that includes waste. The 
U.S. Supreme Court struck down State-imposed restrictions on receiving 
out-of-State waste as unconstitutional impediments to interstate 
commerce because Congress has not authorized such State action, thus, 
making it clear that States cannot impose restrictions on waste imports 
unless the Congress grants them the authority to do so.
  The fact is that nearly every State in the Union exports and receives 
trash from other States. I do not believe that we should put an end to 
that. However, it is very concerning to me that rural communities, 
especially in the Midwest, are being targeted by large companies and 
Eastern States to dispose of their waste. It concerns me that they get 
the industry, the jobs, the economic growth and we get the trash. This 
does not seem right--especially if we are forced to accept this trade 
without any say in what gets hauled into our State.
  Mr. President, I believe that the Senate needs to act in this area. 
It is just not fair that States cannot have a say in what goes on in 
their own backyard. I urge my colleagues to support not only my 
legislation but the legislation that Senator Coats introduced in the 
first session of the 103d Congress. I commend Senator Coats for his 
leadership in this area and I look forward to working with him and the 
rest of my colleagues in advancing legislation related to the 
interstate transportation of waste.
  I ask unanimous consent that the full text of my legislation be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1873

       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 ``Interstate Transportation of 
     Municipal and Industrial Waste Act of 1994''.

     SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL AND INDUSTRIAL 
                   WASTE.

       Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 
     et seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL AND 
                   INDUSTRIAL WASTE.

       ``(a) Authority to Restrict Out-of-State Municipal and 
     Industrial Waste.--
       ``(1) In general.--
       ``(A) Prohibition on disposal.--Except as provided in 
     subsection (b), if requested in writing by both an affected 
     local government and (if a local solid waste planning unit 
     exists under State law) an affected local solid waste 
     planning unit, the Governor of a State may prohibit the 
     disposal of out-of-State municipal and industrial waste in 
     any landfill or incinerator that is subject to the 
     jurisdiction of the Governor or the affected local 
     government.
       ``(B) Procedure.--Prior to submitting a request under this 
     section, the affected local government and solid waste 
     planning unit shall--
       ``(i) provide notice and opportunity for public comment 
     concerning any proposed request; and
       ``(ii) following notice and comment, take formal action on 
     any proposed request at a public meeting.
       ``(2) Exceptions.--Beginning with calendar year 1994, in 
     the case of landfills covered by the exceptions provided in 
     subsection (b), the Governor of a State may--
       ``(A) notwithstanding the absence of a request in writing 
     by the affected local government and the affected local solid 
     waste planning unit, if any--
       ``(i) limit the quantity of out-of-State municipal and 
     industrial waste received for disposal at each landfill of 
     the landfills in the State to an annual quantity equal to the 
     quantity of out-of-State municipal and industrial waste 
     received for disposal at the landfill during the calendar 
     year 1992 or 1993, whichever is less; and
       ``(ii) limit the disposal of out-of-State municipal and 
     industrial waste at the landfills that received, during 
     calendar year 1992, documented shipments of more than 50,000 
     tons of out-of-State municipal and industrial waste 
     representing more than 30 percent of all municipal waste and 
     industrial waste received at the landfill during the calendar 
     year, by prohibiting at each such landfill the disposal, in 
     any year, of a quantity of out-of-State municipal and 
     industrial waste that is greater than 30 percent of all 
     municipal and industrial waste received at the landfill 
     during calendar year 1992; and
       ``(B) if requested in writing by the affected local 
     government and the affected local solid waste planning unit, 
     if any, prohibit the disposal of out-of-State municipal and 
     industrial waste in a landfill cell in any of the landfills 
     that does not meet the design and location standards and 
     leachate collection and ground water monitoring requirements 
     under the laws of the State (including regulations) in effect 
     on January 1, 1994, for new landfills.
       ``(3) Additional limitations.--In addition to the 
     authorities provided in paragraph (1)(A), beginning with 
     calendar year 1997, the Governor of a State, if requested in 
     writing by the affected local government and the affected 
     local solid waste planning unit, if any, may further limit 
     the disposal of out-of-State municipal and industrial waste 
     as provided in paragraph (2)(A)(ii) by reducing the 30 
     percent annual quantity limitation to 20 percent in each of 
     calendar years 1998 and 1999, and to 10 percent in each 
     succeeding calendar year.
       ``(4) Application of limitations.--
       ``(A) In general.--Any limitation imposed by the Governor 
     of a State under paragraph (2)(A)--
       ``(i) shall be applicable throughout the State;
       ``(ii) shall not discriminate against any particular 
     landfill within the State; and
       ``(iii) shall not discriminate against any shipments of 
     out-of-State municipal and industrial waste on the basis of 
     State of origin.
       ``(B) Response to requests by affected local governments.--
     In responding to requests by affected local governments under 
     paragraphs (1)(A) and (2)(B), the Governor of a State shall 
     respond in a manner that does not discriminate against any 
     particular landfill within the State and does not 
     discriminate against any shipments of out-of-State municipal 
     and industrial waste on the basis of State of origin.
       ``(5) Procedure for exercising authority.--
       ``(A) Information from governor documenting quantity of 
     waste.--The Governor of a State who intends to exercise the 
     authority provided in this paragraph shall, not later than 
     120 days after the date of enactment of this section, submit 
     to the Administrator information documenting the quantity of 
     out-of-State municipal and industrial waste received for 
     disposal in the State of the Governor during each of calendar 
     years 1992 and 1993.
       ``(B) Notice and comment.--On receipt of the information 
     submitted pursuant to subparagraph (A), the Administrator 
     shall notify the Governor of each State and the public and 
     shall provide a comment period of not less than 30 days.
       ``(C) Determination by administrator concerning quantity of 
     waste.--Not later than 60 days after receipt of information 
     from the Governor of a State under subparagraph (A), the 
     Administrator shall determine the quantity of out-of-State 
     municipal and industrial waste that was received at each 
     landfill covered by the exceptions provided in subsection (b) 
     for disposal in the State of the Governor during calendar 
     years 1992 and 1993, and provide notice of the determination 
     to the Governor of each State. A determination by the 
     Administrator under this subparagraph shall be final and not 
     subject to judicial review.
       ``(D) Publication of quantity of waste.--Not later than 180 
     days after the date of enactment of this section, the 
     Administrator shall publish a list of the quantity of out-of-
     State municipal and industrial waste that was received during 
     each of calendar years 1992 and 1993 at each landfill covered 
     by the exceptions provided in subsection (b) for disposal in 
     each State in which the Governor of the State intends to 
     exercise the authority provided in this paragraph, as 
     determined in accordance with subparagraph (C).
       ``(6) Designation of affected local government.--
       ``(A) In general.--Not later than 90 days after the date of 
     the enactment of this section, the Governor of each State 
     shall designate which entity listed in subsection (c)(1) 
     shall serve as the affected local government for actions 
     taken under this section.
       ``(B) Failure to make designation.--If the Governor of a 
     State fails to make a designation, the affected local 
     government of the State shall be the city, town, borough, 
     county, parish, or other public body created pursuant to the 
     law of the State with primary jurisdiction over the land or 
     the use of land on which the facility is located.
       ``(b) Exceptions To Authority To Prohibit Out-of-State 
     Municipal and Industrial Waste.--The authority to prohibit 
     the disposal of out-of-State municipal and industrial waste 
     provided under subsection (a)(1) shall not apply to--
       ``(1) landfills in operation on the date of enactment of 
     this section that--
       ``(A) received during calendar year 1992 documented 
     shipments of out-of-State municipal and industrial waste; and
       ``(B) are in compliance with all applicable State laws 
     (including any State rule or regulation) relating to design 
     and location standards, leachate collection, ground water 
     monitoring, and financial assurance for closure and post-
     closure and corrective action;
       ``(2) proposed landfills that, prior to January 1, 1994, 
     received--
       ``(A) an approval from the affected local government to 
     receive municipal waste and industrial waste generated 
     outside the county or the State in which the landfill is 
     located; and
       ``(B) a notice of decision from the State to grant a 
     construction permit; or
       ``(3) incinerators in operation on the date of enactment of 
     this section that--
       ``(A) received, during calendar year 1992, documented 
     shipments of out-of-State municipal and industrial waste;
       ``(B) are in compliance with the applicable requirements of 
     section 129 of the Clean Air Act (42 U.S.C. 7429); and
       ``(C) are in compliance with all applicable State laws 
     (including any State rule or regulation) relating to facility 
     design and operations.
       ``(c) Definitions.--As used in this section:
       ``(1) Affected local government.--Subject to subsection 
     (a)(6), the term `affected local government', with respect to 
     a landfill or incinerator, means the elected officials of the 
     city, town, borough, county, or parish in which the facility 
     is located.
       ``(2) Affected local solid waste planning unit.--The term 
     `affected local solid waste planning unit' means a political 
     subdivision of a State with authority relating to solid waste 
     management planning in accordance with State law.
       ``(3) Industrial waste.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `industrial waste' means refuse (and refuse-derived 
     fuel) generated by an industrial source, consisting of paper, 
     wood, yard wastes, plastics, leather, rubber, or other 
     combustible or noncombustible materials such as metal or 
     glass, or any combination thereof.
       ``(B) Exceptions.--The term `industrial waste' does not 
     include--
       ``(i) any solid waste identified or listed as a hazardous 
     waste under section 3001;
       ``(ii) any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9604 or 9606) or a 
     corrective action taken under this Act;
       ``(iii) any metal, pipe, glass, plastic, paper, textile, or 
     other material that has been separated or diverted from 
     industrial waste and has been transported into the State for 
     the purpose of recycling or reclamation;
       ``(iv) any solid waste that is--

       ``(I) generated by an industrial facility; and
       ``(II) transported for the purpose of treatment, storage, 
     or disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator or a company with which the generator is 
     affiliated;

       ``(v) any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation;
       ``(vi) any medical waste that is segregated from or not 
     mixed with industrial waste; or
       ``(vii) any material or product returned from a dispenser 
     or distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(4) Municipal waste.--
       ``(A) In general.--The term `municipal waste' means refuse 
     (and refuse-derived fuel) generated by the general public or 
     from a residential, commercial, or institutional source, or 
     any combination thereof, consisting of paper, wood, yard 
     wastes, plastics, leather, rubber, or other combustible or 
     noncombustible materials such as metal or glass, or any 
     combination thereof.
       ``(B) Exceptions.--The term `municipal waste' does not 
     include--
       ``(i) any solid waste identified or listed as a hazardous 
     waste under section 3001;
       ``(ii) any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9604 or 9606) or a 
     corrective action taken under this Act;
       ``(iii) any metal, pipe, glass, plastic, paper, textile, or 
     other material that has been separated or diverted from 
     municipal waste and has been transported into the State for 
     the purpose of recycling or reclamation;
       ``(iv) any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation;
       ``(v) any medical waste that is segregated from or not 
     mixed with municipal waste; or
       ``(vi) any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(5) Out-of-State municipal and industrial waste.--With 
     respect to a State, the term `out-of-State municipal and 
     industrial waste' means municipal waste and industrial waste 
     generated outside of the State. To the extent that it is 
     consistent with the United States-Canada Free Trade 
     Agreement, the North American Free Trade Agreement, and the 
     General Agreement on Tariffs and Trade, the term shall 
     include municipal waste and industrial waste generated 
     outside of the United States.''.

     SEC. 3. TABLE OF CONTENTS AMENDMENT.

       The table of contents in section 1001 of the Solid Waste 
     Disposal Act (42 U.S.C. prec. 6901) is amended by adding at 
     the end of the items relating to subtitle D the following new 
     item:

``Sec. 4011. Interstate transportation of municipal and industrial 
              waste.''.
                                 ______

      By Mrs. FEINSTEIN:
  S. 1874. A bill to designate the United States Courthouse located at 
940 Front Street in San Diego, CA, and the Federal building attached to 
the courthouse as the ``Edward J. Schwartz Courthouse and Federal 
Building;'' to the Committee on Environmental and Public Works.


           Edward J. Schwartz Courthouse and Federal BUILDING

 Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that 
the text of the bill and additional material be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1874

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

     SECTION 1. DESIGNATION.

       The United States Courthouse located at 940 Front Street in 
     San Diego, California, and the Federal Building attached to 
     the courthouse shall be known and designated as the ``Edward 
     J. Schwartz Courthouse and Federal Building.''

     SEC 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the courthouse and 
     Federal building referred to in section 1 shall be deemed to 
     be a reference to the ``Edward J. Schwartz Courthouse and 
     Federal Building.''
                                  ____



                                                  U.S. Senate,

                                Washington, DC, February 25, 1994.
     Hon. Daniel Patrick Moynihan,
     Chairman, Subcommittee on Water Resources, Transportation, 
         Public Buildings and Economic Development, Washington, 
         DC.
       Dear Mr. Chairman: I was recently asked by U.S. 
     Congresswoman Lynn Schenk of California and the judges of the 
     District Court for the Southern District of California to 
     introduce legislation renaming the courthouse and federal 
     building in San Diego, California the ``Edward J. Schwartz 
     Courthouse Federal Building.'' I am honored today to 
     introduce this legislation.
       I believe that renaming the courthouse would be a fitting 
     honor for Judge Schwartz in light of his long and 
     distinguished service. Judge Schwartz started his career in 
     1959, when he was appointed by California Governor Pat Brown 
     to the Municipal Court bench. In 1964, he was elevated to 
     California's Superior Court. Four years later, in 1968, Judge 
     Schwatz was nominated by President Johnson and confirmed by 
     the United States Senate to serve on the U.S. District Court 
     for the Southern District of California, making him the first 
     judge appointed to this district. On November 20, 1969, Judge 
     Schwartz became the Chief Judge, a position that he held 
     until he achieved senior status in 1982.
       During his tenure as Chief Judge, Judge Schwartz played an 
     integral role in planning, supervising and constructing the 
     federal courthouse and federal building. Under his 
     leadership, California's Southern District has developed from 
     a small vicinity of Los Angeles to one of the busiest 
     districts in the nation. At the age of 81, Judge Schwartz 
     continues to try cases today.
       For the past 35 years, Judge Schwartz has selflessly 
     devoted his life and career to the citizens of Southern 
     California. I believe that the renaming of the courthouse in 
     San Diego after Judge Edward J. Schwartz will not only honor 
     him for his outstanding service to his court and this 
     country, but will serve as a monument for his contributions 
     to future generations. I hope that you will give this bill 
     your consideration as soon as possible.
           Sincerely yours,
                                                 Dianne Feinstein,
                                             U.S. Senator.
                                 ______

      By Mr. DOMENICI (for himself, Mr. Nunn, Mr. Thurmond, Mr. Robb, 
        Mr. Warner, Mr. Stevens, Mr. Lott, Mr. Gramm, Mr. Nickles, Mr. 
        Bond, Mr. Grassley, Mr. Gregg, Mr. Brown, Mr. Gorton, Mr. Dole, 
        Mr. Cohen, Mr. Cochran, Mr. Coats, Mr. Burns, Mr. Coverdell, 
        Mr. Hatch, Mrs. Hutchison, Mrs. Kassebaum, Mr. Mack, Mr. 
        McCain, Mr. D'Amato, Mr. Murkowski, Mr. Roth, Mr. Simpson, and 
        Mr. Smith):
  S. 1875. A bill to extend caps on defense and nondefense 
discretionary spending through fiscal year 1998; to the Committee on 
the Budget and the Committee on Governmental Affairs, jointly, pursuant 
to the order of August 4, 1977, with instructions that if one Committee 
reports, the other Committee have 30 days to report or be discharged.


                         firewalls legislation

  Mr. DOMENICI. Mr. President, today I am introducing legislation that 
would adopt separate caps on defense and nondefense discretionary 
spending through 1997.
  This legislation would protect the defense budget.
  The best advocate for this legislation is President Clinton. As he 
said in his State of the Union Address:

       Nothing is more important to our security, than our 
     nation's Armed Forces.
       This year many people urged me cut our defense spending 
     further to pay for other programs. I said no. The budget I 
     send to Congress draws the line against further defense cuts. 
     It protects the readiness and quality of our forces. 
     Ultimately, the best strategy is to do that.
       We must not cut defense further. I hope the Congress, 
     without regard to party, will support that position.

  The defense levels in this legislation are identical to those in 
President Clinton's budget submission.
  While I think the defense budget is being cut too quickly--this 
legislation would protect the defense budget from additional cuts.
  Last year we shifted a total of $3.2 billion from the defense budget 
to fund domestic programs.
  This legislation would prevent these shifts for the next 3 years.
  With this legislation, savings from further defense cuts could only 
be used for deficit reduction.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                          DISCRETIONARY SPENDING LIMITS                                         
                                              [Dollars in billions]                                             
----------------------------------------------------------------------------------------------------------------
                                                                    Fiscal year                                 
                                 -------------------------------------------------------------------------------
                                       1994            1995            1996            1997            1998     
----------------------------------------------------------------------------------------------------------------
Clinton defense budget:                                                                                         
    Budget authority............         261.748         264.165         255.873         252.569  ..............
    Outlays.....................         280.580         271.087         261.564         256.972  ..............
Nondefense:                                                                                                     
    Budget authority............         251.615         251.013         262.758         274.986  ..............
    Outlays.....................         262.128         268.549         285.754         289.907  ..............
                                 -------------------------------------------------------------------------------
Total discretionary spending:                                                                                   
    Budget authority............         513.363         515.178         518.631         527.555         530.092
    Outlays.....................         542.708         539.636         547.318         546.879         547.055
----------------------------------------------------------------------------------------------------------------

                                 ______

      By Mr. INOUYE (for himself and Mr. McCain):
  S. 1876. A bill to amend the Solid Waste Disposal Act to grant State 
status to Indian tribes for purposes of the enforcement of such act, 
and for other purposes; to the Committee on Indian Affairs.


              solid waste disposal act amendments of 1994

 Mr. INOUYE. Mr. President, I introduce a bill that would 
recognize the important role that tribal governments must play in the 
enforcement of the Solid Waste Disposal Act on Indian lands. I am 
joined in this effort by my distinguished friend and colleague from 
Arizona, vice chairman of the Committee on Indian Affairs, Senator John 
McCain.
  The purposes of this legislation are to acknowledge and affirm the 
inherent authority of Indian tribal governments to regulate the 
development, operation, and maintenance of solid waste and other waste 
facilities on Indian lands consistent with the Environmental Protection 
Agency's Indian policy and the overall Federal policy of Indian self-
determination that arises out of the United States Government-to-
Government relationship with the Indian Nations.
  The Congress has attempted to improve the environmental quality of 
lands within Indian country by enacting provisions authorizing tribal 
government to assume primary responsibility in certain circumstances 
for implementing the full array of environmental laws, including the 
Clean Air Act, the Safe Drinking Water Act, and the Clean Water Act. 
This bill would simply extend the same status to tribal governments as 
that which is recognized under these other laws, by authorizing tribal 
governments to assume primary responsibilities for programs under the 
Resource Conservation and Recovery Act.
  This bill will eliminate any confusion as to the authority of tribal 
governments to regulate environmental quality on Indian lands by 
clarifying that tribal governments are to be treated as States under 
the Resource Conservation and Recovery Act in the same manner as they 
currently are treated under all other major environmental acts.
  Mr. President, this is an important bill. I call upon my colleagues 
to give this measure their careful review and favorable consideration.
  Mr. President, I ask that the text of the bill and a section-by-
section analysis appear in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1876

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

     SECTION 1. AUTHORITY TO GRANT STATE STATUS TO INDIAN TRIBES 
                   FOR ENFORCEMENT OF SOLID WASTE DISPOSAL ACT.

       (a) Definitions.--Section 1004 of the Solid Waste Disposal 
     Act (42 U.S.C. 6903) is amended--
       (1) in paragraph (13)(A), by striking ``or authorized 
     tribal organization or Alaska Native village or 
     organization,'';
       (2) in paragraph (15), by inserting after ``State,'' the 
     following: ``Indian tribe,''; and
       (3) by adding at the end the following new paragraphs:
       ``(42) The term `Indian country' means--
       ``(A) all land within the limits of any Indian reservation 
     under the jurisdiction of the Federal Government (including 
     any right-of-way running through the reservation), 
     notwithstanding the issuance of any patent;
       ``(B) all dependent Indian communities within the borders 
     of the United States, including dependent Indian 
     communities--
       ``(i) within the original territory or territory that is 
     subsequently acquired; and
       ``(ii) within or without the limits of a State; and
       ``(C) all Indian allotments with respect to which the 
     Indian titles have not been extinguished, including rights-
     of-way running through the allotments.
       ``(43) The term `Indian tribe' means any Indian tribe, 
     band, group, or community, including any Alaska Native 
     village, organization, or regional corporation (as defined 
     in, or established pursuant to, the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.)) that--
       ``(A) is recognized by the Secretary of the Interior; and
       ``(B) exercises governmental authority within Indian 
     country.''.
       (b) Treatment of Indian Tribes as States.--Subtitle A of 
     such Act (42 U.S.C. 6901 et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 1009. INDIAN TRIBES.

       ``(a) In General.--Subject to subsection (b), the 
     Administrator may--
       ``(1) treat an Indian tribe as a State for the purposes of 
     this Act;
       ``(2) delegate to an Indian tribe primary enforcement 
     responsibility for programs and projects established under 
     this Act; and
       ``(3) provide Indian tribes grant and contract assistance 
     to carry out functions of a State pursuant to this Act.
       ``(b) Environmental Protection Agency Regulations.--
       ``(1) In general.--
       ``(A) Treatment.--Not later than 18 months after the date 
     of the enactment of this section, the Administrator shall 
     issue final regulations that specify the manner in which 
     Indian tribes shall be treated as States for the purposes of 
     this Act.
       ``(B) Authorization.--Under the regulations issued by the 
     Administrator, the treatment of an Indian tribe as a State 
     shall be authorized only if--
       ``(i) the Indian tribe has a governing body carrying out 
     substantial governmental duties and powers;
       ``(ii) the functions that the Indian tribe will exercise 
     pertain to land and resources that are--

       ``(I) held by the Indian tribe, the United States in trust 
     for the Indian tribe, or a member of the Indian tribe (if the 
     property interest is subject to a trust restriction on 
     alienation); or
       ``(II) are otherwise within Indian country; and

       ``(iii) in the judgment of the Administrator, the Indian 
     tribe is reasonably expected to be capable of carrying out 
     the functions to be exercised in a manner consistent with the 
     requirements of this Act (including all applicable 
     regulations).
       ``(2) Exceptions.--
       ``(A) In general.--If, with respect to a provision of this 
     Act, the Administrator determines that the treatment of an 
     Indian tribe in the same manner as a State is inappropriate, 
     administratively infeasible, or otherwise inconsistent with 
     the purposes of this Act, the Administrator may include in 
     the regulations issued under this section a mechanism by 
     which the Administrator carries out the provision in lieu of 
     the Indian tribe in an appropriate manner.
       ``(B) Statutory construction.--Subject to subparagraph (C), 
     nothing in this section is intended to permit an Indian tribe 
     to assume or maintain primary enforcement responsibility for 
     programs established under this Act in a manner that is less 
     protective of human health and the environment than the 
     manner in which a State may assume or maintain the 
     responsibility.
       ``(C) Criminal enforcement.--An Indian tribe shall not be 
     required to exercise jurisdiction over the enforcement of 
     criminal penalties.
       ``(c) Cooperative Agreements.--In order to ensure the 
     consistent implementation of the requirements of this Act, an 
     Indian tribe and each State in which the lands of the Indian 
     tribe are located may, subject to review and approval by the 
     Administrator, enter into a cooperative agreement, to 
     cooperatively plan and carry out the requirements of this 
     Act.
       ``(d) Report.--Not later than 2 years after the date of 
     enactment of this section, the Administrator, in cooperation 
     with the Secretary of the Interior, the Director of the 
     Indian Health Service, and Indian tribes, shall submit to 
     Congress a report that includes--
       ``(1) recommendations for addressing hazardous and solid 
     wastes and underground storage tanks within Indian country;
       ``(2) methods to maximize the participation in, and 
     administration of, programs established under this Act by 
     Indian tribes;
       ``(3) an estimate of the amount of Federal assistance that 
     will be required to carry out this section; and
       ``(4) a discussion of proposals by the Administrator 
     concerning the provision of assistance to Indian tribes for 
     the administration of programs and projects pursuant to this 
     Act.
       ``(e) Tribal Hazardous Waste Site Inventory.--
       ``(1) Inventory.--Not later than 2 years after the date of 
     enactment of this section, the Administrator shall undertake 
     a continuing program to establish an inventory of sites 
     within Indian country at which hazardous waste has been 
     stored or disposed of.
       ``(2) Contents of inventory.--The inventory shall include--
       ``(A) the information required to be collected by States 
     pursuant to section 3012; and
       ``(B) sites located at Federal facilities within Indian 
     country.''.
       (c) Technical Amendment.--The table of contents for 
     subtitle A of such Act (contained in section 1001 of such Act 
     (42 U.S.C. prec. 6901)) is amended by adding at the end the 
     following new item:

``Sec. 1009. Indian tribes.''.

     SEC. 2. LEAKING UNDERGROUND STORAGE TANK TRUST FUND.

       Section 9508(c)(1) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``Except as provided'' and inserting the 
     following:
       ``(A) Purposes.--Except as provided''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Set aside for indian tribes.--Notwithstanding any 
     other provision of law, for each of fiscal years 1995 through 
     1999, the Secretary shall reserve an amount equal to not less 
     than 3 percent of the amounts made available to States 
     pursuant to subparagraph (A). Such amount shall be used only 
     by Indian tribes (as defined in section 1004(43) of the Solid 
     Waste Disposal Act) to carry out the purposes referred to in 
     subparagraph (A).''.
                                  ____


                 Section-by-Section Analysis of S. 1876


    section 1. Authority to grant state status to indian tribes for 
                  enforcement of solid waste disposal

       Section 1(a)--Definitions. This section amends the Solid 
     Waste Disposal Act (42 U.S.C. 6903) with the three following 
     changes: (1) deletes the phrase ``unauthorized tribal 
     organization or Alaska Native village or organization'' from 
     paragraph (13)(A) of the Act; (2) inserts the phrase ``Indian 
     tribe'' after the term ``State'' in paragraph (15) of the 
     Act; and (3) inserts two new definitions for the terms 
     ``Indian Country'' and ``Indian tribe''.
       Section 1(b)--Treatment of Indian Tribes as States. This 
     section amends the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.) by adding a new section to read ``Sec. 1009. Indian 
     Tribes''.
       Section 1009(a) states that the Administrator, subject to 
     Sec. 1009(b), may (1.) treat an Indian tribes as a State for 
     purposes of this Act; (2.) delegate to an Indian tribe 
     primary enforcement responsibility for programs and project 
     established under this Act; and (3.) provides that Indian 
     tribes grant and contract assistance to carry out functions 
     of a State pursuant to this Act.
       Section 1009(b)(1)(A) instructs the Administrator, no later 
     than 18 months after the date of enactment of this Act, to 
     issue final regulations that specify the manner in which 
     Indian tribes shall be treated as States under this Act.
       Section 1009(b)(1)(B) instructs the Administrator to treat 
     an Indian tribes as a State only if (1.) the Indian tribes 
     has a governing body to carry out substantial governmental 
     duties and powers; (2.) the Indian tribe will govern over 
     exercises that pertain to land and resources that are held by 
     the Indian tribe, or held in trust for the Indian tribe or 
     member (if the property is interest is subject to a trust 
     restriction on alienation) by the United States, or otherwise 
     within Indian country; and (3.) the Administrator finds that 
     the Indian tribe is reasonably expected to be capable of 
     carrying out the functions in a manner consistent with the 
     requirements of this Act and applicable regulations.
       Section 1009(b)(2)(A) allows the Administrator to include a 
     mechanism within the regulations issued pursuant to this Act 
     which allows the Administrator to carry out the provisions of 
     the Act in lieu of the Indian tribe, if the Administrator has 
     determined that the treatment of an Indian tribe as a State 
     in inappropriate, administratively infeasible or otherwise 
     inconsistent with the purposes of this Act.
       Section 1009(b)(2)(B) states that nothing in this section 
     permits and Indian tribe with primary enforcement 
     responsibility for programs established under this Act to act 
     in a manner that is less protective of human health and the 
     environment than which is required of a State with similar 
     responsibility.
       Section 1009(b)(2)(C) directs that an Indian tribes is not 
     required to exercise jurisdiction over the enforcement of 
     criminal penalties.
       Section 1009(c)--Cooperative Agreements. This section 
     allows an Indian tribes and each State, where Indian land is 
     located, to enter into cooperative agreements to plan and 
     carry out the requirements of this Act, subject to review and 
     approval of the Administrator.
       Section 1009(d)--Report. Instructs the Administrator, in 
     cooperation with the Secretary of the Interior, the Director 
     of the Indian Health Service, and Indian tribes to submit to 
     Congress a report, not later that 2 years after enactment of 
     this section. This report shall include the following: (1) 
     recommendations for addressing hazardous and solid waste and 
     underground storage tanks in Indian country; (2) methods to 
     maximize the participation in and administration of, programs 
     established under this Act by Indian tribes; (3) an estimate 
     of the amount of Federal assistance to carry out this 
     section; and (4) a discussion of proposals by the 
     Administrator concerning the provisions of assistance to 
     Indian tribes.
       Section 1009(e)(1) & (2)--Tribal Hazardous Waste Site 
     Inventory. Instructs the Administrator to undertake a 
     continuing program to establish an inventory of sites within 
     Indian country where hazardous waste has been disposed of or 
     stored. The inventory must list include the (1) information 
     required to be collected by States pursuant to section 3012, 
     and (2) the sites located at Federal facilities within Indian 
     country.
       Section 1(c)--Technical Amendment. This section instructs 
     that the table of contents for subtitle A of the Solid Waste 
     Disposal Act (contained in section 1001) be amended to add 
     the new section: ``Sec. 1009. Indian tribes.''.


        section 2. leaking underground storage tank trust fund.

       Section 2 amends Section 9508(c)(1) of the Internal Revenue 
     Code of 1986 to delete the phrase ``Except as Provided'' and 
     insert in lieu of a new subparagraph to read ``Section 
     9508(c)(1)(A) Purposes--Except as provided''. This section 
     also creates a new subparagraph (B), to read ``Section 
     9508(c)(1)(B)--Set Aside for Indian Tribes''. This section 
     provides that notwithstanding any other provision of law, the 
     Secretary shall reserve for Indian tribes an amount equal to 
     not less than 3 percent of the amounts made available to 
     States pursuant to subparagraph (A) for each the fiscal years 
     1995 through 1999 to be used to carry out the purposes 
     referred to in subparagraph (A).
 Mr. McCAIN. Mr. President, I am pleased to join today with my 
good friend, the distinguished chairman of the Committee on Indian 
Affairs, Senator Inouye,  as a cosponsor of long-overdue legislation to 
amend the Solid Waste Disposal Act to authorize the Environmental 
Protection Agency to treat tribes as States. This legislation is 
similar to provisions which have already been included in the Clean Air 
Act, the Clean Water Act, and the Safe Drinking Water Act. These 
Federal environmental laws were all amended in the 1980's to provide 
for the treatment of tribes as States.
  Unfortunately, when we first began enacting our national 
environmental laws we either neglected to include Indian tribal 
governments or included them as municipalities. This latter practice is 
completely inconsistent with our usual practice of maintaining a direct 
government-to-government relationship between the Federal and tribal 
governments. By the mid-1980's it was clear that tribal environmental 
concerns were being almost completely ignored by State and Federal 
officials. The States had demonstrated an unwillingness or inability to 
assist tribes and the Environmental Protection Agency claimed that it 
lacked legal authority to deal directly with tribal governments. Since 
that time, considerable progress has been made toward assisting Indian 
tribal governments to develop and implement environmental regulatory 
programs. Under the Clean Water Act, over 40 tribes have been certified 
by EPA as eligible for treatment as States.
  The Solid Waste Disposal Act is the only remaining major 
environmental law which fails to provide for the treatment of tribes as 
States. This has made it difficult for EPA and the Indian tribal 
governments to address a variety of solid and hazardous waste problems 
on Indian lands, including the problem of leaking underground storage 
tanks. The bill we are introducing today is intended to correct this 
situation. I urge all of our colleagues to join with us to ensure 
prompt enactment of this legislation.

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