[Congressional Record Volume 140, Number 40 (Thursday, April 14, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 14, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                THE SOLID WASTE DISPOSAL ACT AMENDMENTS

                                 ______


                          HON. BILL RICHARDSON

                             of new mexico

                    in the house of representatives

                        Thursday, April 14, 1994

  Mr. RICHARDSON. Mr. Speaker, I am pleased to be joined by my 
colleague from Wyoming, Mr. Thomas, in introducing a bill to amend the 
Solid Waste Disposal Act to enable Indian tribes to enforce provisions 
of the act relating to leaking underground storage tanks on Indian 
lands.
  Over the many years that States have received assistance from the 
Environmental Protection Agency [EPA], States have developed 
comprehensive environmental protection programs and the regulatory 
capacity to directly administer federally delegated programs under the 
Safe Drinking Water Act, the Clean Water Act, the Clean Air Act, and 
the Resource Conservation and Recovery Act [RCRA]. Over this same 
period of time, Indian tribes were not eligible to receive assistance 
from the EPA to develop environmental protection programs on their 
reservations, nor were they able to build tribal environmental 
regulatory capacities.
  Although Congress has amended the Safe Drinking Water Act, the Clean 
Air Act, and the Clean Water Act to treat Indian tribes as States, 
Congress has yet to amend the Resource Conservation and Recovery Act to 
allow Indian tribes to be treated as States. Under the provisions of 
RCRA, Indian tribes are treated as municipalities. Therefore, Indian 
tribes are precluded from receiving any program funds under RCRA and 
are unable to use other sources of funding from EPA to carry out 
activities which would fall under the provisions of RCRA. There has 
been very little assistance to Indian tribes to address problems 
related to RCRA. Over the 5-year period from 1985 through 1990, EPA has 
expended just over $2 million on Indian lands under RCRA. Because of 
the lack of Federal assistance to Indian tribes to address problems 
under RCRA, there are increasing numbers of serious environmental 
problems on Indian reservations.
  One pervasive problem on Indian lands is the presence of leaking and 
abandoned underground storage tanks. There are many Indian tribes who 
are now faced with the prospect of identifying and cleaning up 
abandoned or leaking underground storage tanks on their lands. Because 
Indian tribes are treated as municipalities under the RCRA, they are 
not eligible for funds to clean up these leaking underground storage 
tanks. Because States do not have jurisdiction over Indian 
reservations, States will not provide financial assistance for the 
clean up of these tanks from the State trust funds. Nether the BIA nor 
the IHS provide any financial assistance to Indian tribes to clean up 
leaking underground storage tanks.

  Mr. Speaker, as chairman of the Subcommittee on Native American 
Affairs, I have heard testimony from Indian tribes about the serious 
environmental hazards caused by leaking underground storage tanks and 
their frustrations in seeking Federal assistance in their attempts to 
clean up these facilities. In my subcommittee, representatives of the 
Bureau of Indian Affairs, the Indian Health Service, and the 
Environmental Protection Agency appeared and testified on this 
disturbing issue. Each Federal agency denied responsibility for this 
problem and stated that it was not their responsibility to provide 
assistance to Indian tribes to clean up leaking underground storage 
tanks on Indian lands. Although the Bureau of Indian Affairs is the 
principal land manager of Indian lands and the Secretary of the 
Interior must approve all leases on Indian lands, the Bureau of Indian 
Affairs does little to afford protection of Indian lands. The EPA is 
charged with regulating underground storage tanks and provides 
assistance to States to address problems related to underground storage 
tanks, yet the EPA provides no assistance to Indian tribes to address 
these problems on their lands. We cannot allow the Federal Government 
continue to stand idly by, while Indian tribes' precious resources are 
being contaminated.
  Mr. Speaker, what was especially troubling to me was that there is no 
reliable data on how many underground storage tanks are located on 
Indian lands. We have no idea what other associated problems exist 
because of leaking underground storage tanks on Indian lands. We must 
develop a coordinated approach to environmental protection on Indian 
lands. This legislation will treat Indian tribes in the same fashion as 
States for purposes of the regulation of underground storage tanks on 
Indian lands. It provides assistance to Indian tribes for the 
regulation of underground storage tanks. It also provides financial and 
technical assistance for clean up of leaking underground storage tanks 
and any costs incurred for a corrective action on Indian lands. 
Finally, this bill requires the EPA to conduct a study and inventory of 
an underground storage tanks located on Indian lands so that we can 
determine the scope of the problem facing Indian tribes.
  Mr. Speaker, this bill is a first step in providing the same level of 
environmental protection on Indian lands as is enjoyed by the rest of 
the Nation. I urge my colleagues to support this legislation.

                          ____________________